Permitted Development

DO I NEED PLANNING PERMISSION?

Some type of development can be built in England without the need for planning permission.

If the development proposed complies with criteria laid down in the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) – known as the GPDO, it can be considered ‘permitted development’.

This means that planning permission is automatically granted and it is not necessary to make a planning application for the development.

Some neighbourhood planning provisions also provide ‘local permitted development’ rights covering a defined area. Local planning authorities can advise about the presence of such rights in an area, or if they are in the pipeline.

Permitted development rights apply to ‘planning’ only and they do not remove the need for consent to be sought under any other regulatory regime (e.g. building regulations, health and safety etc.) where this is required. Other ‘planning’ related consents such as Listed Building or Conservation Area Consent may also be required for works otherwise defined as ‘permitted development’.

GENERAL PERMITTED DEVELOPMENT ORDER 2015

Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) outlines what ‘permitted development’ rights apply to certain types of development.

The types of development are listed below.

Part 1. Development within the curtilage of a dwellinghouse

Part 2. Minor operations – e.g. Fences, Gates, Garden Walls

Part 3. Changes of use

Part 4. Temporary buildings and uses

Part 5. Caravan sites and recreational campsites

Part 6. Agricultural and forestry

Part 7. Non-domestic extensions, alterations etc

Part 8. Transport related development

Part 9. Development relating to roads

Part 10. Repairs to services

Part 11. Heritage and demolition

Part 12. Development by local authorities

Part 13. Water and sewerage

Part 14. Renewable energy

Part 15. Power related development

Part 16. Communications

Part 17. Mining and mineral exploration

Part 18. Miscellaneous development

Part 19. Development by the Crown or for national security purposes

Part 20. Construction of New Dwellinghouses

The full regulations can be viewed at www.legislation.gov.uk

SEE OUR GUIDES ON PERMITTED DEVELOPMENT AND WHETHER PLANNING PERMISSION IS REQUIRED FOR YOUR PROJECT:

PERMITTED DEVELOPMENT – SOURCES OF EXTRA INFORMATION

Local authority websites generally do a comprehensive job in explaining ‘permitted development rights’ for householders and businesses in their area. Of particular use is the guidance provided on any relevant restrictions on PD rights such as any live Article 4 Directions that exist.

Council websites also offer guidance on the pre-application advice procedures and the processes to be followed if a written opinion on whether planning permission is required is to be sought. Local planning authority websites also have planning application search facilities through which any relevant planning conditions that may apply to a property can be examined.

DO ALL AREAS IN ENGLAND HAVE THE SAME PD RIGHTS?

There is a range of exclusions which apply to permitted development rights in England. For instance, there are protected areas known as article 2(3) land, which cover:

Conservation Areas
Areas of Outstanding Natural Beauty
National Parks
the Broads
World Heritage Sites

There are other land areas known as article 2(4) land. Article 2(4) land covers land within a National Park, the Broads or certain land outside the boundaries of a National Park.

TownPlanning.info has an extensive catalogue of articles and guides which help explain the town planning system in England.

See below for links to some of our most popular pages or use the search function and menus at the top of the page.