The Town and Country Planning (General Permitted Development) Order 2015 (as amended) grants planning permission for certain types of development and uses. It is in effect an “automatic” permission granted by Parliament, commonly known as “permitted development” and there is no need to apply for planning permission from the Local Planning Authority (LPA). However, more recent permitted development rights are subject to the control of the LPA, meaning that a "Prior Approval" application still has to be made in respect of certain matters, which can be granted or refused.
Schedule 2 of the Order sets out the various types of development and uses that are “permitted development”. For example, Part 1 relates to “development within the curtilage of a dwellinghouse”, with various Classes identifying types of development that are permitted, and the criteria and conditions that have to be met. Permitted Development rights do not apply to properties that are in use as flats, but they do apply for many other buildings and uses, be it retail, office, industrial or agricultural. The legislation is complicated and often tested on appeal or through the Courts, so it is always best to seek advice from a planning expert.
The Planning Portal provides useful information on the background to permitted development rights and the primary legislation:
https://www.planningportal.co.uk/info/200187/your_responsibilities/37/planning_permission/2
The Government continually talks about speeding up the planning system and making it more transparent and less bureaucratic, so as to encourage us all to build more and put existing buildings to good use. However, in practice, the planning process is now more complicated and frustrating than it has ever been. The "permitted development" requiring Prior Approval legislation was supposedly introduced to make things easier, but it doesn't. There are many restrictions where permitted development rights are not applicable, such as if the extension exceeds certain dimensions, or if the property is in a Conservation Area. It is really quite complicated, and you should seek professional planning advice before embarking on any particular project that you think might be permitted development. It probably isn’t, or at least you will need to submit a “Prior Approval” application first!
Please use our contact form if you have any questions!
Schedule 2 of the Order sets out the various types of development and uses that are “permitted development”. For example, Part 1 relates to “development within the curtilage of a dwellinghouse”, with various Classes identifying types of development that are permitted, and the criteria and conditions that have to be met. Permitted Development rights do not apply to properties that are in use as flats, but they do apply for many other buildings and uses, be it retail, office, industrial or agricultural. The legislation is complicated and often tested on appeal or through the Courts, so it is always best to seek advice from a planning expert.
The Planning Portal provides useful information on the background to permitted development rights and the primary legislation:
https://www.planningportal.co.uk/info/200187/your_responsibilities/37/planning_permission/2
The Government continually talks about speeding up the planning system and making it more transparent and less bureaucratic, so as to encourage us all to build more and put existing buildings to good use. However, in practice, the planning process is now more complicated and frustrating than it has ever been. The "permitted development" requiring Prior Approval legislation was supposedly introduced to make things easier, but it doesn't. There are many restrictions where permitted development rights are not applicable, such as if the extension exceeds certain dimensions, or if the property is in a Conservation Area. It is really quite complicated, and you should seek professional planning advice before embarking on any particular project that you think might be permitted development. It probably isn’t, or at least you will need to submit a “Prior Approval” application first!
Please use our contact form if you have any questions!
