New Permitted Development Rights in England - Part 1

In this blog post we will be exploring the recent introduction of the new Town and Country Planning (General Permitted Development) (england) Order 2015 (GPDO 2015) which came into force this April.

Under this new order, the Government has given householders, farmers, businesses and landowners greater powers to carry out development without the need of full planning permission. 

Whilst some appear overly generous, prior approval is widely needed before changes can be made and existing laws, conditions and restrictions inevitably apply in most cases.

Replacing the much amended GPDO 1995, this order introduces many widely anticipated new permitted development rights, while consolidating and clarifying the large number of previous amendments and the hope is that under this new order the bureaucratic burden will be reduced.

So what will the new rights include? 

The new rights include:

• Change of use from Storage or Distribution Buildings (Use Class B8) to Residential (C3) for a three year period (subject to prior approval and up to 500 sq.m.); and

• Change of use from Amusement Arcades or Casinos (Sui Generis) to Residential (C3) (subject to prior approval and up to 150sq.m.)

Both of which should help to boost the supply of housing.

Further new rights, focused on supporting mixed and vibrant high streets, include:

• Change of use from Retail Shops (Use Class A1) to Financial and Professional Services (A2) 

• Change of use from Retail Shops (A1), Financial and Professional Services (A2) and Betting Offices, Payday Loan Shops and Casinos (Sui Generis) to Restaurants and Cafes (A3) and for limited building operations to allow provision of ventilation and extraction facilities and storage of reasonably necessary rubbish (subject to prior approval and up to 150sq.m.);

• Change of use from Retail Shops (A1), Financial and Professional Services (A2) and Betting Offices, Payday Loan Shops and Casinos (Sui Generis) to Assembly and Leisure Uses (D2) (subject to prior approval and up to 200sq.m.);

• Development consisting of the erection or construction of ‘click and collect’ facilities within the curtilage of an existing shop (limited to 1 per shop and 20sq.m.);

• Development consisting of modification to size of existing loading bay of a shop (up to 20% in any dimension); 

• Installation, alteration or replacement of solar thermal or photovoltaic equipment on roof of non-domestic buildings (up to 1 Megawatt capacity);

• Temporary use of buildings or land for Film-Making Purposes and provision on such land of any temporary structures, works, plant or machinery required in connection (subject to prior approval and for a period not exceeding 9 months in any 27 month period); and

• Extension or alteration of a building and installation of replacement plant or machinery on land used for the purposes of a waste management facility. 

The following temporary right has also been made permanent as part of the GPDO 2015:

• Extension or alteration of a shop, office, industrial and warehouse building to support business expansion and the economy.

Be sure to pop back next week for Part 2 where we'll be explaining the benefits these new rules will have on businesses and homeowners but if you would like to discuss these rules and how they will affect you, why not get in touch with our Planning and Development team on 01858 439 090 or email planning@andrewgranger.co.uk