Permitted Development Rights

advertisement
BRIEFING PAPER
Number 00485, 30 March 2016
Permitted Development
Rights
By Louise Smith
Inside:
1. Permitted development rights
2. Local authority ability to
suspend permitted
development rights (Article 4
Directions)
3. Change of use
4. Changes coming into force
5. Future proposals
6. Former Government changes
to permitted development
rights
www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary
Number 00485, 30 March 2016
Contents
Summary
3
1.
Permitted development rights
4
2.
Local authority ability to suspend permitted development rights (Article 4
Directions)
5
3.
Change of use
7
4.
4.1
4.2
4.3
Changes coming into force
Prior approval for building operation permitted development
Mobile connectivity
Shale gas and oil monitoring and investigation
8
8
8
9
5.
5.1
5.2
Future proposals
Rural areas
Upward extensions
11
11
12
6.
6.1
Former Government changes to permitted development rights
Home and business extensions
Comment on extending permitted development rights to home extensions
Telecommunications masts
Reform of General Permitted Development Order and new permitted
development rights
14
14
15
17
6.2
6.3
Cover page image copyright: Library and building site by John. Licensed under CC BY
2.0 / image cropped.
17
2
3
Permitted Development Rights
Summary
This briefing paper applies to England only. For information about permitted development
in the other UK countries see section 8 of the joint Library briefing paper Comparison of
the planning systems in the four UK countries: 2016 update.
What are permitted development rights?
Permitted development rights are basically rights to make certain changes to a building
without the need to apply for planning permission. These derive from a general planning
permission granted by Parliament, rather than from permission granted by the local
planning authority.
Removing permitted development rights
In some circumstances local planning authorities can suspend permitted development
rights in their area, under Article 4 of the Town and Country Planning (General Permitted
Development) (England) Order 2015.
Recent changes
In May 2013 changes came into force to allow permitted development for home
extensions; to increase the size limits for the depth of single-storey domestic extensions
from 4m to 8m (for detached houses) and from 3m to 6m (for all other houses), in nonprotected areas, for a period of three years. A neighbour consultation scheme on new
extensions was introduced by the then Government in response to concerns about the
original proposals. This temporary permitted development has now been extended until
May 2019.
From 15 April 2015 the Town and Country Planning (General Permitted Development)
(England) Order 2015 consolidated and revoked the previous 1995 legislation relating to
permitted development in England. It also introduced a number of new permitted
development rights, including the provision of click-and-collect services by shops and to
enable greater use of non-domestic properties to provide renewable energy.
Changes coming into force
The Town and Country Planning (General Permitted Development) (England)
(Amendment) Order 2016 (SI 332) will into force on 6 April 2016. It will introduce new
permitted development rights in connection with petroleum exploration monitoring and
appraisal. It will also introduce a number of change of use permitted development rights,
which are set out in another Library briefing paper, Planning: change of use.
In a March 2016 written statement the Government confirmed it will increase some
permitted development rights to allow for taller mobile masts.
Future proposals
The Government’s August 2015 rural productivity plan, Towards a one nation economy: A
10-point plan for boosting productivity in rural areas and the subsequent February 2016
Rural planning review: call for evidence asked for views on the planning system in rural
areas, with specific interest in how permitted development rights are being used.
A February 2016 consultation on Upward extensions in London proposes a new permitted
development rights to to allow additional storeys to be built on an existing building, up to
the height of an adjoining roofline. The March Budget 2016 suggested this could also be
introduced in other areas of the country.
Number 00485, 30 March 2016
4
1. Permitted development rights
Permitted development rights are basically rights to make certain
changes to a building without the need to apply for planning
permission. These derive from a general planning permission granted by
Parliament, rather than from permission granted by the local planning
authority. Until recently, permitted development rights were set out in
the Town and Country Planning (General Permitted Development) Order
1995 (No. 418) (the1995 Order). They are now, since 5 April 2015,
contained in the Town and Country Planning (General Permitted
Development) (England) Order 2015 (No. 596) (the 2015 Order).
Schedule 2 of this Order sets out the scope of permitted development
rights.
New legislation from
April 2015 brought
new permitted
development rights
into force and
replaced the previous
law.
For more information on the current permitted development rights for
home extensions and examples, see the Government’s planning portal
webpage on extensions.
In some areas, called “designated areas”, permitted development rights
are more restricted. These are generally in conservation areas, a National
Park, an Area of Outstanding Natural Beauty or the Norfolk or Suffolk
Broads. In designated areas planning permission will be needed to carry
out the changes to the building. It does not necessarily mean that the
changes cannot be made, but simply that the local planning authority
will want to consider the proposals in detail first. Restrictions also apply
if the property is a listed building.
Permitted
development rights
do not apply in all
areas.
5
Permitted Development Rights
2. Local authority ability to
suspend permitted
development rights (Article 4
Directions)
In some circumstances local planning authorities can suspend permitted
development rights in their area. Local planning authorities have powers
under Article 4 of the 2015 Order to remove permitted development
rights. While article 4 directions are confirmed by local planning
authorities, the Secretary of State must be notified, and has wide
powers to modify or cancel most article 4 directions at any point. 1
Permitted
development rights
can be removed by
local authorities in
certain
circumstances.
Article 4 directions must be made in accordance with national
Government guidance given in the National Planning Policy Framework
which directs that there must be a clear justification for removing
national permitted development rights:
200. The use of Article 4 directions to remove national permitted
development rights should be limited to situations where this is
necessary to protect local amenity or the wellbeing of the area
(this could include the use of Article 4 directions to require
planning permission for the demolition of local facilities). Similarly,
planning conditions should not be used to restrict national
permitted development rights unless there is clear justification to
do so.
Further Government guidance states that provided there is justification
for both its purpose and its extent, it is possible to make an article 4
direction covering:
•
Any geographic area from a specific site to a local authority
wide;
•
Permitted development rights related to operational
development or change in the use of land;
•
Permitted development rights with temporary or
permanent effect. 2
There are circumstances in which local planning authorities may be
liable to pay compensation having made an article 4 direction. Local
planning authorities may be liable to pay compensation to those whose
permitted development rights have been withdrawn if they:
1
2
•
refuse planning permission for development which would
have been permitted development if it were not for an
article 4 direction; or
•
grant planning permission subject to more limiting
conditions than the GPDO [the 2015 Order] would normally
allow, as a result of an article 4 direction being in place. 3
Department for Communities and Local Government, Extending permitted
development rights for homeowners and businesses: technical consultation,
November 2012, page 20
Ibid, p3
Local authorities can
be liable to pay
compensation if
permitted
development rights
are removed.
Number 00485, 30 March 2016
Whereas before April 2010 the Secretary of State confirmed certain
article 4 directions, it is now for local planning authorities to confirm all
article 4 directions (except those made by the Secretary of State) in the
light of local consultation.
The withdrawal of development rights does not necessarily mean that
planning consent would not be granted. It merely means that an
application has to be submitted, so that the planning authority can
examine the plans in detail.
3
Department for Communities and Local Government, Replacement Appendix D to
Department of the Environment Circular 9/95: General Development Consolidation
Order 1995, June 2012, para 6.2
6
7
Permitted Development Rights
3. Change of use
The Town and Country Planning (Use Classes) Order 1987 puts uses of
land and buildings into various categories known as “Use Classes”. The
categories give an indication of the types of use which may fall within
each use class. There are four main categories:
•
•
•
•
Class A covers shops and other retail premises such as restaurants
and bank branches;
Class B covers offices, workshops, factories and warehouses;
Class C covers residential uses; and
Class D covers non-residential institutions and assembly and
leisure uses.
These categories are then further split up into a number of subclasses.
The Town and Country Planning (General Permitted Development)
(England) Order 2015 then grants permitted development rights for
change of use where planning permission is not needed for changes in
use of buildings within each subclass and for certain changes of use
between some of the classes.
The permitted development change of use of buildings is covered in a
separate Library briefing paper, Planning: Change of Use, SN/SC/01301.
This briefing paper provides further information about proposals to
introduce new change of use permitted development rights, including:
•
•
•
•
Making permanent the current temporary right of change of use
from office to residential;
Change of use from launderette to housing
Change of use from light industrial to housing; and
Change of use a state funded school.
Number 00485, 30 March 2016
4. Changes coming into force
4.1 Prior approval for building operation
permitted development
Some permitted development rights relate to building operations, for
example, the right to add an extension to a domestic house by a certain
amount. Others relate to the change of use of buildings, such as the
right to change a restaurant or café into a shop.
For many permitted development rights which relate to change of use
of buildings there is a prior approval system, set out in the 2015 Order,
which requires the LPA to approve technical aspects of the
development, such as its siting, design and transport and highways
issues. These pre-approval requirements vary depending on the exact
type of change of use permitted development right. If the LPA decides
to refuse prior approval on these issues then the change of use may not
go ahead.
A provision in the Housing and Planning Bill 2015-16, (currently clause
104), would introduce a prior approval process for building operation
permitted development rights and other development orders. The idea
is to delegate this matter to LPAs so that “local conditions and
sensitivities can be taken into account”. 4
4.2 Mobile connectivity
In July 2015 the Government published a Review of How the Planning
System in England Can Support the Delivery of Mobile Connectivity. This
consultation document called for views on the effectiveness of the
existing system of permitted development rights for telecommunications
infrastructure, whether this should be streamlined and sought views on
whether it should be changed to include taller masts.
A Government written statement published on 17 March 2016
confirmed the changes that would be made as a result of this review:
Where a site is already used for telecommunications
infrastructure, we will extend permitted development rights to
allow taller ground based masts to be built. The threshold for new
ground based masts will increase from 15 metres to 25 metres in
non-protected areas and a new permitted development right
allowing new masts of up to 20 metres will be introduced in
protected areas. To ensure that there is appropriate community
engagement a prior approval will apply where a new mast is
being built, meaning consideration will always be given to how to
minimise the visual impact of masts.
Operators will also be able to increase the height of existing masts
to 20 metres in both non-protected and protected areas without
prior approval; between 20 metres and 25 metres in nonprotected areas with a prior approval; and have a new automatic
right to upgrade the infrastructure on their masts in protected
areas to align with existing rights in non-protected areas. There
will be a height restriction of 20 metres on highways and
4
Housing and Planning Bill Explanatory Notes, Bill 75 EN 2015-16, p44
8
9
Permitted Development Rights
residential areas to accommodate vehicle lines of sight and
pedestrian access.
In addition, we will lift restrictions on the number of antennae
allowed on structures above 30 metres, while removing the prior
approval requirement for individual antenna greater than 6 metres
in height in non-protected areas and for 2 small cell antenna on
residential premises in both non-protected and protected areas as
the visual impact is limited.
We will also grant rights so small cell antenna on residential and
commercial premises can face highways, and increase from 6 to
18 months the right for operators to be able to install emergency
moveable transmission equipment.
(…)
We intend that the planning changes will come into effect from
summer 2016 and will apply to England only. 5
4.3 Shale gas and oil monitoring and
investigation
A March 2015 consultation document issued by the former
Government, Amendment to permitted development rights for drilling
boreholes for groundwater monitoring for petroleum exploration:
technical consultation, proposed to grant permitted development rights
for the drilling of boreholes for groundwater monitoring for petroleum
exploration (including for shale gas exploration), enabling limited works
to be carried out to establish baseline information on the groundwater
environment. The Infrastructure Act 2015 requires that, as one of a
number of conditions that need to be met before certain high-volume
hydraulic fracturing can occur, methane in groundwater is monitored
over a 12 month period. The change to permitted developments is
proposed so that this condition can be met more easily. The proposals
would allow an increase to the structure height of the rig that can be
used for drilling.
The Government responded to this consultation in August 2015. 6 It
confirmed that it will amend legislation so that development which
consists of the drilling of boreholes for groundwater monitoring for
petroleum exploration can take place as permitted development. It also
confirmed that the structure height of rigs that can be used will be
increased from 12 to 15 metres.
The Government’s response also contained an invitation for further
changes to permitted development rights in this area. The proposed
change is for further rights to enable, as permitted development, the
drilling of boreholes for seismic investigation and to locate and appraise
shallow mine workings. The Government’s view is that this would
“speed up the delivery of essential monitoring information for safety
and environmental protection and free local resources for where the
5
6
Boosting Mobile Connectivity: Written statement - HCWS631 17 March 2016
Amendment to permitted development rights for drilling boreholes for groundwater
monitoring for petroleum exploration Government response to the consultation
and Invitation for views on further amendments to permitted development rights for
petroleum exploration site investigation and monitoring, 13 August 2015
Number 00485, 30 March 2016 10
express attention of the local planning authority is required.” 7 The
deadline for responses to these proposals was 24 September 2015.
A response to the consultation on further amendments was published in
December 2015, Further amendments to permitted development rights
for petroleum exploration site investigation and monitoring:
Government response to the consultation. The Government set out that
permitted development rights would be amended as follows:
41. In summary, the amendments are to enable the drilling of
boreholes for monitoring and investigative purposes in respect of
petroleum exploration to be carried out as permitted development
for the purposes of:
•
groundwater monitoring – with the duration of the longer
term right extended from 6 to 24 months for the longer
use of land
•
seismic investigation and monitoring;
•
location and appraisal of mine workings.
42. In all cases the permitted development rights will apply to
both the temporary use of land (no more than 28 days) and the
longer use of land (no more than 6 months – except in the case of
groundwater monitoring, where the period will be extended to 24
months). Relevant existing conditions and restrictions attached to
the current permitted development rights for mineral exploration
will apply, together with those previously announced in August.
43. As proposed in this document, in the case of boreholes drilled
for monitoring for petroleum exploration, a requirement will be
included for operators to notify the Environment Agency and
drinking water supply undertaker of all boreholes; and to notify
the Coal Authority of boreholes drilled for the purposes of the
location and appraisal of mine workings.
44. The detailed wording of the amendments to the Town and
Country Planning (General Permitted Development) (England)
Order 2015 will be set out in a statutory instrument, to be laid
before Parliament in 2016. 8
The Town and Country Planning (General Permitted Development)
(England) (Amendment) Order 2016, will from 6 April 2016, allow the
drilling of boreholes for the purposes of carrying out groundwater
monitoring, seismic monitoring or locating and appraising the condition
of mines, where this is preparatory to potential petroleum exploration.
7
8
Shale gas and oil policy statement by DECC and DCLG, 13 August 2015
HM Government, Further amendments to permitted development rights for
petroleum exploration site investigation and monitoring: Government response to
the consultation, 17 December 2015
11 Permitted Development Rights
5. Future proposals
5.1 Rural areas
In the August 2015 rural productivity plan, Towards a one nation
economy: A 10-point plan for boosting productivity in rural areas, the
Government announced the following changes to permitted
development rights:
•
Review the planning and regulatory constraints facing rural
businesses and measures that can be taken to address
them, including how improved permitted development
rights in rural areas can support new homes, jobs and
innovation. The government will publish a Call for Evidence
in the autumn with decisions to be made by 2016. (…)
•
Review the current threshold for agricultural buildings to
convert to residential buildings. (…)
•
To support fixed high speed broadband infrastructure, the
government is considering making permanent the planning
relaxations introduced in 2013.
On 11 February 2016 the Government published a Rural planning
review: call for evidence. The review asks for views about the following
areas:
We would be interested in hearing about experiences of the
planning system in rural areas, both from those who have applied
for planning permission and those who make use of permitted
development rights. We are also interested in how the permitted
development rights in Part 6 of the Town and Country Planning
(General Permitted Development) (England) Order 2015 are being
used. We would also like to hear about experiences of the
planning system in developing farm shops, polytunnels and onfarm reservoirs.
And:
25. We are seeking evidence on the effectiveness of the current
planning system for businesses in the rural context and asking
what improvements could be made to the planning system to
support rural businesses to flourish.
26. We want to hear from anyone involved, either directly or
indirectly, in development in rural areas. In particular, we are
interested in hearing from rural businesses about their experiences
of:
•
the planning application process
•
using permitted development rights, such as agricultural,
business extensions and change of use.
27. We are also reviewing the current thresholds for agricultural
buildings to convert to residential buildings and would like to hear
views on how these could better support the delivery of new
homes.
28. We would welcome evidence of where the planning system is
working well and where it could be improved. Where issues are
identified by organisations, respondents should indicate whether
these are one-off cases or whether they are widespread problems.
We are particularly interested in hearing about issues which
Number 00485, 30 March 2016 12
specifically relate to planning in the rural context and which
would not be of concern to users of the planning system in urban
areas, such as development which has a different impact in a rural
setting. 9
5.2 Upward extensions
London
In the HM Treasury’s July 2015 Productivity Plan, Fixing the foundations:
Creating a more prosperous nation, the Government confirmed its
intention to provide a number of new planning powers for the Mayor of
London. This included proposals to remove the need for planning
permission for upwards extensions for a limited number of stories up to
the height of an adjoining building, where neighbouring residents do
not object. In cases where objections are received, the application
would be considered in the normal way, focussed on the impact on the
amenity to neighbours. 10
On 18 February 2016 the Government published a consultation on
Upward extensions in London. In it the Government identified three
proposals which could incentivise the use of upwards extensions. These
are: a new permitted development right; local development orders; and
new London Plan policies. These would not be mutually exclusive
proposals and Government has indicated they could work together.
On the permitted development right, the consultation proposed:
2.8 In order to ensure that this new right delivers much-needed
new homes, we propose that the right should be conditional on
the additional space being used to provide self-contained
additional housing units. It could help to deliver new housing
opportunities in the capital, increasing density and using
brownfield land and existing buildings
2.9 We are proposing a new permitted development right in
London to allow additional storeys to be built on an existing
building, up to the height of an adjoining roofline. We propose
that the new right could provide for up to two additional storeys
to be added to an existing building, where the roofline of the
adjoining premises is a minimum of two storeys taller (see
paragraph 3.6 - 3.8 below). A single storey could be added where
the roofline of the adjoining premises is one storey taller. This will
help to manage the impact of the development on the area.
2.10 We are proposing that a permitted development right could
apply where the development would be above a range of uses,
such as existing residential use, both flats and houses, retail and
other high street uses, and offices.
2.11 We are proposing that a permitted development right could
provide for a neighbour consultation scheme, similar to that
introduced in May 2013 for the permitted development right for
larger single storey rear extensions to dwelling houses. This could
provide an opportunity for neighbours to comment on the
development proposals, including on the impact on the amenity
of their property. Amenity is a long-established concept in
9
10
HM Government, Rural planning review: call for evidence, 11 February 2016
HM Treasury, Fixing the foundations: Creating a more prosperous nation, July 2015,
paras 9.20 and 9.21
13 Permitted Development Rights
planning, and may include matters such as light, privacy and
overlooking. Only where neighbours raise objections would the
local planning authority have to consider the impact of the
proposed development on their amenity.
2.12 Prior approval could also allow for consideration of other
impacts of a permitted development at a local level. As well as the
standard matters associated with permitted development rights
for change of use to residential use, it may include matters such
as space standards to ensure the quality of the development, and
method and hours of construction.
The Government suggested that the new permitted development right
would not apply in the following areas:
•
listed buildings, land within the curtilage and the setting of
listed buildings
•
scheduled monuments and land within the curtilage
•
Sites of Special Scientific Interest
•
safety hazard areas
•
military explosives storage areas
•
World Heritage Sites and their settings
In relation to local development orders for additional storeys in specific
areas the consultation proposed that London boroughs could use
existing powers to bring forward local development orders which would
grant planning permission for upward extensions in specific areas.
In relation to support in the London Plan for upward extensions the
consultation proposed that the Mayor of London could bring forward
new planning policies to support additional storeys for new dwellings
when reviewing the London Plan. “This could be linked to existing
policies for areas of intensification, including town centres, already set
out in the London Plan.” 11
The consultation closes on 15 April 2016.
Other areas
In the March Budget 2016 the Government announced that “following
the consultation on building up in London and to help increase densities
on brownfield land and reduce the need to ‘build out’, the government
will consult with city regions on extending similar powers as part of
devolution deals.” 12
11
12
HM Government, Upward extensions in London, 18 February 2016, para 2.19
HM Government, Budget 2016, 16 March 2016, para 2.289
Number 00485, 30 March 2016 14
6. Former Government changes to
permitted development rights
6.1 Home and business extensions
In its written ministerial statement of 6 September 2012 the then
Government announced that it would extend permitted development
rights for three years in order to make it easier for homeowners and
businesses to extend their properties. 13 That was followed in November
2012 by a consultation document, Extending permitted development
rights for homeowners and businesses. The main proposals were:
•
Increasing the size limits for the depth of single-storey
domestic extensions from 4m to 8m (for detached houses)
and from 3m to 6m (for all other houses), in non-protected
areas, for a period of three years. No changes are proposed
for extensions of more than one storey.
•
Increasing the size limits for extensions to shop and
professional/financial services establishments to 100m2,
and allowing the building of these extensions up to the
boundary of the property (except where the boundary is
with a residential property), in non-protected areas, for a
period of three years.
•
Increasing the size limits for extensions to offices to 100m2,
in non-protected areas, for a period of three years.
•
Increasing the size limits for new industrial buildings within
the curtilage of existing industrial premises to 200m2, in
non-protected areas, for a period of three years.
•
Removing some prior approval requirements for the
installation of broadband infrastructure for a period of five
years.
We also wish to explore whether there is scope to use permitted
development to make it easier to carry out garage conversions. 14
Concern about the effect of this new right on neighbouring occupiers
was expressed in a debate during the third reading stage of the then
Growth and Infrastructure Bill 2012-13 in the House of Lords on 26
March 2013. Following this the then Secretary of State for Communities
and Local Government, Eric Pickles, offered to provide neighbours with
more of a say on the new permitted development rights. Eric Pickles
then wrote to MPs to explain the neighbour consultation scheme:
13
14
•
Homeowners wishing to build extensions under the new
powers would notify their local council with the details.
•
The council would then inform the adjoining neighbours –
this already happens for planning applications.
•
If no objections are made to the council by the neighbours
within a set period, the development can proceed.
HC Deb 6 Sep 2012 cc29WS
Department for Communities and Local Government, Extending permitted
development rights for homeowners and businesses, 12 November 2012, p2-3
15 Permitted Development Rights
•
If objections are raised by neighbours, the council will
consider whether the development would have an
unacceptable impact on neighbours’ amenity.
•
This is a form of ‘prior approval’ process which allows for
consideration by ward councillors, and (if the council
wishes) by a Planning Committee.
•
There will be no fee for householders to go through this
process.
These proposals are similar to a policy originally recommended by
Zac Goldsmith and Lord Deben (then John Gummer) in their 2007
Quality of Life report. 15
An amendment to add this neighbourhood consultation scheme was
added to the then Bill in the House of Lords on 22 April 2013. 16 Further
information about the size limits of permitted development under the
new rules and about the neighbour consultation scheme was provided
in the DCLG note, Larger home extensions: neighbour consultation
scheme.
In his letter, Eric Pickles confirmed that Government would go ahead
with new household and business extension permitted development
rights. The Government published a Summary of consultation responses
on 9 May 2013. The new permitted development rights came into
force, from 30 May 2013 through the Town and Country Planning
(General Permitted Development) (Amendment) (England) Order 2013
(SI 2013/1101). 17 The new rules initially applied for a three year period.
In the July 2014 Technical consultation on planning the Government
proposed putting some of its temporary permitted development rights
on a permanent basis, including the temporary increase in size limits
allowed for single storey rear extensions on dwelling houses. The former
Government did not respond formally to this part of the Technical
consultation. In the Town and Country Planning (General Permitted
Development) (England) Order 2015 No. 596 however, which came into
force on 15 April 2015 the temporary size limit permitted development
right for domestic extensions was extended for a further three years,
until May 2019. In addition to this the previously time-limited permitted
development rights for extensions to shops, offices, industrial and
warehouse buildings was made permanent in the 2015 regulations.
Comment on extending permitted development
rights to home extensions
On 20 December 2012 the House of Commons Communities and Local
Government Select Committee published a report on the proposed
changes to permitted development rights. 18 The Committee found that
15
16
17
18
Secretary of State for Communities and Local Government Letter to MPs, Making it
easier for families to improve their home, 19 April 2013
HL Deb 22 April 2013 cc1229
Department for Communities and Local Government, New measures coming into
force ensure the very best use is made of empty and underused buildings, 9 May
2013
Communities and Local Government Select Committee, The Committee's response
to Government's consultation on permitted development rights for homeowners,
Seventh Report of Session 2012–13, HC 830, 20 December 2012
Number 00485, 30 March 2016 16
the Government had failed to take account of the environmental and
social implications of its proposal and that Government was wrong to
justify the changes on solely economic grounds. It called this an
“unbalanced approach”. 19 The Committee concluded that the proposed
changes to permitted development rights should not be made. It
recommended that if the Government did go ahead with the proposals,
a number of adjustment s should be made and further reviews
conducted. 20
Professional organisations, such as the Royal Town Planning Institute
(RTPI) and the Planning Officers Society, have also been critical of the
proposals to extend permitted development rights for domestic
properties. The RTPI said that the Government had not considered the
issue of neighbour disputes potentially caused by the new
developments. The organisation was also concerned that the proposals,
as framed in terms of percentage of the curtilage of a property, could
lead to new extensions covering the entire back garden of a property. 21
The Planning Officers Society said that there was no evidence to suggest
that the planning system was deterring householders from extending
their properties. It said that the cost of getting planning permission was
a small percentage of the total build cost and that there was no
evidence to suggest that it was this cost that deterred householders
from developing their properties. It said that the existing system was
positive in the number of approvals and that it exercised the “necessary
controls on inappropriate development.” 22
Some organisations responded positively to the Government’s
proposals. The North East Chamber of Commerce said that the
proposals would provide the incentive to boost the number of property
extensions and provide a “much-needed stimulus for the construction
sector.” That the proposals had the potential to create new jobs and
more work for the construction sector. It also said however, that
Government should consider how access to funding for development
could be improved alongside the proposals. 23
Following details of the neighbour consultation scheme being
published, an article in the specialist publication, Planning, reported
concern that the scheme would cost councils money, as they would not
receive a fee for this service. 24
19
20
21
22
23
24
Communities and Local Government Select Committee, The Committee's response
to Government's consultation on permitted development rights for homeowners,
Seventh Report of Session 2012–13, HC 830, 20 December 2012, p16
Communities and Local Government Select Committee, The Committee's response
to Government's consultation on permitted development rights for homeowners,
Seventh Report of Session 2012–13, HC 830, 20 December 2012, p16-17
Royal Town Planning Institute, Response to Extending Permitted Development Rights
Consultation, 21 December 2012
Planning Officers Society, Response to Extending Permitted Development Rights
Consultation, 11 December 2012
North East Chamber of Commerce, Response to Extending Permitted Development
Rights Consultation, 12 December 2012
“Neighbour consultation could cost councils”, Planning, 3 May 2013
17 Permitted Development Rights
6.2 Telecommunications masts
On 3 May 2013 the former Government published a consultation
document, Mobile connectivity in England: technical consultation. The
consultation proposed to increase permitted development rights for
certain types of telecommunications equipment in England, in order to
support “the swifter roll out of the 4th Generation (4G) of high speed
mobile broadband technology.” 25 The consultation closed on 14 June
2013. Two of the key proposals in the consultation related to increasing
permitted development rights for the heights of antenna on existing
buildings and structures and an increase in height for existing masts:
Proposal 1: On existing buildings and structures, increase the
current permitted development height limit for antenna from up
to 4 metres to up to 6 metres before the prior approval threshold
applies under existing permitted development rights. This applies
to land in non-protected areas only.
(...)
Proposal 11: Existing masts (on land in non-protected areas) can
be increased in height from up to 15 metres to up to 20 metres
and width by up to a third as permitted development with prior
approval for siting and design. 26
These changes came into force from 21 August 2013 through the Town
and Country Planning (General Permitted Development) (Amendment)
(No. 2) (England) Order 2013 (SI 1868).
6.3 Reform of General Permitted
Development Order and new permitted
development rights
In Budget 2014 it was announced that the Government would review
the General Permitted Development Order:
…the government will review the General Permitted Development
Order. The refreshed approach is based on a three-tier system to
decide the appropriate level of permission, using permitted
development rights for small-scale changes, prior approval rights
for development requiring consideration of specific issues, and
planning permission for the largest scale development. 27
In the Government’s July 2014 Technical consultation on planning a
number of new permitted development rights were proposed. The
former Government did not formally responded to this part of the
Technical consultation on planning. It did however, confirm that a
number of changes would be made in its 25 March 2015 written
statement to Parliament and through publication of the following
statutory instruments:
•
25
26
27
The Town and Country Planning (General Permitted Development)
(England) Order 2015 No. 596
Department for Communities and Local Government, Mobile connectivity in
England: technical consultation, May 2013, p2
Department for Communities and Local Government, Mobile connectivity in
England: technical consultation, May 2013
HM Treasury, Budget 2014, 19 March 2014, para 1.147
A number of new
permitted
development rights
were introduced in
April 2015.
Number 00485, 30 March 2016 18
•
•
The Town and Country Planning (Compensation) (England)
Regulations 2015 No. 598
The Town and Country Planning (Use Classes) (Amendment)
(England) Order 2015 No. 597
The first of these statutory instrument consolidated and revoked the
1995 General Permitted Development Order and made a number of
policy changes. The explanatory memorandum to these regulations set
out the scope of the new permitted development rights:
7.2 A new permitted development right, for a three year period,
will allow storage or distribution buildings (B8) to change use
to residential (C3). Up to 500m2 of floor space will be able to
change to residential use. The right is subject to a prior approval
process covering transport and highways, air quality impacts on
intended occupiers, noise impacts of the development, risks of
contamination, flooding, and the impact the change of use would
have on existing industrial uses and or storage or distribution uses.
If the site is under an agricultural tenancy then the consent of
both the landlord and the tenant will be needed for any
development to be permitted. The right only applies to buildings
that were last used or were in use as storage or distribution (B8)
on or before 19th March 2014. This would include former
businesses in an office use (B1) or general industrial (B2) buildings
that have changed use to storage or distribution (B8) use under
existing permitted development rights, provided that they were in
such uses on 19th March 2014. However, there is an additional
requirement that a building seeking to change use must have
been in B8 use for a period of a least 4 years before the date
development begins. The new right does not apply in National
Parks, Areas of Outstanding Natural Beauty, the Broads and World
Heritage Sites, Listed Buildings or land within the curtilage of
Listed Buildings, Scheduled Monuments, or in Sites of Special
Scientific Interest, Safety Hazard Areas and Military Explosives
Storage Areas. After changing to a residential use, existing
permitted development rights for dwelling houses (C3) will not
apply.
7.3 A new permitted development right will allow amusement
arcades/centres and casinos, which are sui generis uses and so
do not sit in any specific use class, to change use to residential
(C3) use and carry out associated building works that are
reasonably necessary to make this change. This will enable reuse
of existing buildings, support high streets and increase housing
supply. Up to 150 m2 of floor space will be able to change to
residential use. The right is subject to a prior approval process
covering transport and highways, flooding, contamination and,
where buildings works are to be carried out under the permitted
development right, design. The right does not apply in National
Parks, Areas of Outstanding Natural Beauty, the Broads and World
Heritage Sites, nor to land within the curtilage of Listed Buildings
or Scheduled Monuments, or Sites of Special Scientific Interest,
Safety Hazard Areas and Military Explosives Storage Areas. After
changing to a residential use, existing permitted development
rights for dwelling houses (C3) will not apply.
7.4 A permitted development right will extend the current right
for larger householder rear extensions for a further 3 year
period until 30th May 2019. If any neighbour raises objections
when they are notified of the proposal the right is then subject to
19 Permitted Development Rights
a prior approval as to the impact on the amenity of adjoining
premises.
7.5 A new permitted development right will allow the change of
use from shops (A1) to financial and professional services
(A2) to help businesses adapt more quickly to market changes and
support high streets. The rights will also apply equally to premises
that have changed to a shop (A1) following a planning permission
granted by a local planning authority, or by exercising a permitted
development right.
7.6 Betting offices and pay day loan shops will be removed
from the A2 use class and become sui generis. They will continue
to benefit from the permitted development rights to change to A1
and A2 uses. They will also benefit from the permitted
development right to temporarily change of use for a period up to
2 years (Class D of Part 4 of Schedule 2 to the Order), after which
they can revert to their previous use or change to A1 or A2 uses.
Premises that have changed use to a betting office or pay day
loan shop under the Class D temporary permitted development
right retain their original use class and will revert to that at the
end of the two year period.
7.7 A new permitted development right will allow the change of
use from shops (A1), financial and professional services (A2),
betting offices, pay day loan shops and casinos to
restaurants and cafés (A3) and for limited building works to
allow the installation of extraction and ventilation units, and for
waste storage and management. This will enable businesses to
adapt and support high streets. Up to 150m2 floor space will be
able to change use and the right is subject to a prior approval
process covering noise, smell/odours, transport and highways,
hours of opening as well as siting and design in relation to
extraction, ventilation, waste management, storage and
undesirable impacts on shopping facilities. Shopping impacts will
be assessed in relation to the effect of the development on the
sustainability of key shopping centres and the provision of
services. This is intended to enable local planning authorities to
protect valued and successful retail provision in key shopping
areas, such as town centres, while underused shop units are kept
in use outside those areas. Local planning authorities may
consider the impact of the development on the provision of
important local services, such as post offices, though only if there
is a reasonable prospect of the premises being occupied by
another retail use. Premises may revert from A3 use to their
original use class if that was A1 (shops) or A2 (financial and
professional services) under existing permitted development
rights. A planning application will be required for change of use
from A3 to a betting office or pay day loan shop. The existing
permitted development right for the temporary change of use
from A1 and A2 to A3 for a period of two years will remain. The
right does not apply to land within the curtilage of Listed
Buildings or Scheduled Monuments, to Sites of Special Scientific
Interest, Safety Hazard Areas and Military Explosives Storage
Areas.
7.8 A new permitted development right will allow the change of
use from shops (A1) and financial and professional services
(A2) to assembly and leisure uses (D2), with an upper threshold
of 200m2 of total floor space. This will make it easier for
businesses to provide a mixed range of leisure and entertainment
uses on the high street and in town centres. The right applies to
premises that were in A1 or A2 use on 5th December 2013.
Number 00485, 30 March 2016 20
However the right would not apply to premises that have changed
use to A1 or A2 under other permitted development rights after
5th December 2013, until they have been in such use for a period
of five years. This right is subject to a prior approval process
covering transport and highways, hours of opening, noise impacts
of the development and undesirable impacts on shopping
facilities. Shopping impacts will be assessed in relation to the
effect of the development on the sustainability of important
shopping centres and the provision of services. This is intended to
enable local planning authorities to protect valued and successful
retail provision in key shopping areas, such as town centres, while
underused shop units are kept in use outside those areas. Local
planning authorities may consider the impact of the development
on the provision of important local services, such as post offices,
though only if there is a reasonable prospect of the premises
being occupied by another retail use. The permitted development
right does not apply in conservation areas, National Parks, Areas
of Outstanding Natural Beauty, the Broads and World Heritage
sites. Nor do they apply to land within the curtilage of Listed
Buildings and land within the curtilage of Listed buildings,
Scheduled Monuments, Sites of Special Scientific Interest, Safety
Hazard Areas or Military Explosives Storage Areas. Permitted
development rights to convert a D2 premises to a registered
nursery or state funded school do not apply to premises that
change to D2 use under these rights.
7.9 A new permitted development right will allow retailers to
erect click and collect facilities within the curtilage of their
existing shop, for example, on car parks. One facility per retail
premises may be erected. Any buildings will be limited to 4 metres
in height and a gross floor space of up to 20m2. Prior approval is
required covering the impact of development in respect of design,
siting, and external appearance of the new structure. The right
does not apply in conservation areas, National Parks, Areas of
Outstanding Natural Beauty, the Broads and World Heritage Sites.
Nor do they apply to land within the curtilage of Listed Buildings
or Scheduled Monuments, or Sites of Special Scientific Interest.
7.10 A new permitted development right will allow retailers to
modify the size of their existing shop loading bay by up to
20% in any dimension. The right does not apply in conservation
areas, National Parks, Areas of Outstanding Natural Beauty, the
Broads and World Heritage Sites. Nor do they apply to land within
the curtilage of Listed Buildings or Scheduled Monuments, and
Sites of Special Scientific Interest. There is also a condition that
requires any materials to be of a similar appearance to those used
in the existing building.
7.11 A new permitted development right will allow for
temporary filming and the associated operational
development for the sole purpose of commercial
filmmaking. The right would not cover filming that is ancillary or
related to another enterprise. Where the right is used then the
existing permitted development right for temporary use of land
for 28 days (14 days for some uses) will not apply. The new right
allows filming inside existing buildings and outside on sites of up
to 1.5 hectares (including buildings and land) and also allows the
construction and removal of associated sets. Use of the land or
buildings under the new right cannot exceed 9 months in any 27month rolling period. Prior approval is required for each filming
period in relation to transport and highways, noise, filming dates,
hours of working, flooding, and the impact of light on
21 Permitted Development Rights
neighbouring land. The right does not apply in conservation areas,
National Parks, Areas of Outstanding Natural Beauty, the Broads
and World Heritage Sites. Nor does it apply to Listed Buildings or
land within the curtilage of Listed Buildings, Scheduled
Monuments, to Sites of Special Scientific Interest, Safety Hazard
Areas or Military Explosives Storage Areas.
7.12 A new permitted development right which will apply to the
installation, alteration or replacement of Solar
Photovoltaics (PV) on the roofs of nondomestic buildings,
up to a capacity of 1 Megawatt, subject to certain limitations. This
will enable greater use of non-domestic properties to provide
renewable energy. Prior approval is required to consider the
design of the solar panels and, particularly, any affects from glare
on occupiers of neighbouring land. The right does not apply in
relation to any roof slope which fronts a highway in conservation
areas, National Parks, Areas of Outstanding Natural Beauty, the
Broads and World Heritage Sites. Nor do they apply to Listed
Buildings or on a building within the curtilage of a Listed Building
or Scheduled Monuments.
7.13 A permitted development right which makes permanent the
time limited increased permitted development rights introduced in
May 2013 for extensions to shops, offices, industrial and
warehouse buildings to support business expansion and the
economy. Under these rights the doubling of size limits and
allowable percentage increases for offices, industrial and
warehouse development, shops, and establishments providing
catering, financial or professional services will become permanent.
These rights do not apply in conservation areas, National Parks,
Areas of Outstanding Natural Beauty, the Broads and World
Heritage Sites, or in sites of special scientific interest as in the
current time-limited rights. They will not apply within the curtilage
of a Listed Building.
7.14 A new permitted development right to allow waste
operators for “sui generis” waste management facilities to
replace any plant or machinery and buildings on land
within the curtilage of a waste management facility, and
which is ancillary to the main waste management
operation. The permitted development right allows minor works
to take place where equipment is being replaced, there is no more
than a 15% increase in the floor space occupied by the plant or
machinery that is subject to replacement; and the replacement
building, plant or machinery does not exceed the existing facilities
currently on site by more than 50% or 100m2, whichever is
smaller. These rights do not apply in National Parks, Areas of
Outstanding Natural Beauty, the Broads, an area designated as an
conservation area, World Heritage Sites, land within the curtilage
of Listed Buildings and Scheduled Monuments, or Sites of Special
Scientific Interest.
7.15 A new permitted development right to allow sewerage
undertakers to install a pumping station, valve house,
control panel housing or switch-gear house in a sewerage
system. This will enable minor operational development by
sewerage undertakers, and will harmonise the rights for sewerage
undertakers with those for water undertakers. The right would
not apply to development involving the installation of a station or
Number 00485, 30 March 2016 22
house exceeding 29m3 in capacity, where the installation is
carried out at or above ground level, or under a highway. 28
Changes made by these statutory instruments came into force on 15
April 2015.
28
The Town and Country Planning (Use Classes) (Amendment) (England) Order 2015
No. 597 Explanatory Memorandum
The House of Commons Library research service provides MPs and their staff
with the impartial briefing and evidence base they need to do their work in
scrutinising Government, proposing legislation, and supporting constituents.
As well as providing MPs with a confidential service we publish open briefing
papers, which are available on the Parliament website.
Every effort is made to ensure that the information contained in these publically
available research briefings is correct at the time of publication. Readers should
be aware however that briefings are not necessarily updated or otherwise
amended to reflect subsequent changes.
If you have any comments on our briefings please email [email protected]
Authors are available to discuss the content of this briefing only with Members
and their staff.
If you have any general questions about the work of the House of Commons
you can email [email protected]
Disclaimer - This information is provided to Members of Parliament in support
of their parliamentary duties. It is a general briefing only and should not be
relied on as a substitute for specific advice. The House of Commons or the
author(s) shall not be liable for any errors or omissions, or for any loss or
damage of any kind arising from its use, and may remove, vary or amend any
information at any time without prior notice.
BRIEFING PAPER
Number 00485, 30 March
2016
The House of Commons accepts no responsibility for any references or links to,
or the content of, information maintained by third parties. This information is
provided subject to the conditions of the Open Parliament Licence.
Download