The Government recently made far reaching changes to the extent of permitted development rights in the Town and Country Planning (General Permitted Development) Order 1995. This briefing summarises the main changes, which came into force on 30 May 2013.

Some of the new rights are:

  • time limited (only available for two or three years);
  • subject to conditions;
  • do not apply to sites in or part of military explosives storage areas or safety hazard areas;
  • do not apply to listed buildings or scheduled monuments;
  • require the local planning authority (LPA) to give 'prior approval' of certain matters.

HOME EXTENSIONS

The changes allow for larger home extensions to be built.

Developers outside sensitive areas such as National Parks and conservation areas have until 30 May 2016 to construct and complete single storey rear extensions, provided the extension does not extend beyond the rear wall of the original house by more than 8m in the case of a detached house or 6m in the case of any other house and does not exceed 4m in height.

Before taking advantage of this new right, the developer must comply with a 'prior approval' procedure by providing certain information to the LPA. The LPA will then notify the adjoining neighbours and where no objections are made by them within a set period (minimum 21 days), the development can proceed. Where objections are made, the LPA must consider whether the proposal would have an unacceptable impact on the neighbours' amenity.

The developer must notify the LPA of the completion of the development as soon as reasonably practicable.

However, the measures are more restrictive than they appear. The existing limitations and conditions on householder extensions in the GPDO remain, eg development will not be able to cover more than 50% of the curtilage of the house and any extensions which have an eaves height of greater than 3m must not be within 2m of the boundary.

CHANGE OF USE OF OFFICES TO RESIDENTIAL USE

Under this controversial measure, resisted by many local authorities, buildings within class B1 (a) office use can change to residential use provided the building was being used for offices immediately before 30 May 2013 or, if vacant at that date, the use before the vacancy was as offices. This rules out office blocks which have been built but never occupied. As with home extensions, the right to make the change of use will only apply for three years – expiring on 30 May 2016.

Before commencing development, the applicant must apply to the LPA to ascertain whether its prior approval is required on account of transport and highways impacts, contamination risks or flooding. The applicant cannot start the development unless informed by the LPA that its prior approval is not required, or is given, or 56 days have expired from the date the application was received and the LPA has not provided a decision.

There is no requirement to notify the LPA of the completion of the development.

Local authorities were invited to submit applications to exempt areas within their boroughs from this new PD right, subject to criteria set out by the Government. A total of 165 authorities applied for an exemption, but only specified areas within 17 different authorities have been exempted, eleven in London and six elsewhere.

EASIER TO TEST NEW BUSINESS IDEAS AND NEW POP UP VENTURES

A new class of permitted development has been created under which a building and land within its curtilage falling within the classes A1 (shops), A2 (financial and professional services), A3 (restaurants and cafes), A4 (pubs), A5 (takeaways), B1 (businesses), D1 (non-residential institutions) and D2 (assembly and leisure) uses (the 'flexible uses') are permitted to change use for a period of up two years to A1, A2, A3 or B1 uses provided that the use of no more than 150 m2 of floor space is changed.

The developer must notify the LPA of the date of the change and if within the 2 year period a further change is made to one of the flexible uses. During the 2 years and for the purposes of the Town and Country Planning (Use Classes) Order 1987, the site retains its original use and reverts to its previous lawful use at the end of the 2 year period.

'FLEXIBLE USES' FOR AGRICULTURAL BUILDINGS AND LAND

In order to boost the rural economy, agricultural buildings and land can be used for a range of 'flexible uses' falling within A1, A2, A3, B1, B8 (storage or distribution), C1 (hotels) or D2. However, the change of these is only permitted if the building has been used solely for agricultural use since 3 July 2012 or if after this date then for at least 10 years and the cumulative floor space of the building which has been changed within the original agricultural unit does not exceed 500sqm.

Further, a site which has changed use under this class can change to any other of the flexible uses but having done so, the new use is to be treated as a 'sui generis' use which means that planning permission will be needed to change to another use.

Before changing the use of the site under this class (or for any subsequent change of use to another flexible use) the developer has to submit certain information to the LPA depending upon the size of the building involved. The rights do not allow conversion to dwellings.

OTHER CHANGES

Other changes include:

  • increased extension thresholds for warehouse and industrial, office, shops and catering, professional or financial services establishments;
  • increased business change of use thresholds;
  • to encourage the Government's free schools agenda, land and buildings currently within business, hotels, residential institutions, secure residential institutions and assembly and leisure uses will be able to convert to a state-funded school. In addition, any building and land within its curtilage can be used for a state-funded school for one academic year. It reverts back to its former use after a year;
  • amended permitted development rights for electronic communications code operators.

IMPACT OF THE NEW RULES

The aim of these measures is straightforward – to promote growth. They will certainly make it easier to effect changes but must be viewed with caution as they are subject to limitations and exceptions. For example, some of the new rights only cover change of use and not physical works, for which planning permission from the LPA will still be needed. In addition, there may be conditions on an existing planning permission or change of use restrictions in a section 106 obligation which still apply.

The introduction of these changes has not been without controversy and there are those who take the view that they go too far in allowing development without appropriate scrutiny.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.