Permitted Development Rights - Parliament.uk

BRIEFING PAPER Number 00485, 14 June 2017

Permitted Development Rights

By Louise Smith

Inside: 1. Permitted development rights 2. Local authority ability to suspend permitted development rights (Article 4 Directions) 3. Key recent changes to permitted development rights 4. Future proposals

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Number 00485, 14 June 2017

Contents Summary

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1. 1.1 1.2 1.3

Permitted development rights Neighbour consultation scheme Change of use Prior approval

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2.

Local authority ability to suspend permitted development rights (Article 4 Directions) 6

3. 3.1

3.4 3.5 3.6

Key recent changes to permitted development rights Home and business extensions Comment on extending permitted development rights to home extensions Telecommunications masts and mobile connectivity Reform of General Permitted Development Order and new permitted development rights: 2015 Shale gas and oil monitoring and investigation Prior approval for building operation permitted development Drinking establishments

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4. 4.1 4.2

Future proposals Rural areas Conservative Party 2017 manifesto

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3.2 3.3

Cover page image copyright: Harvesting the sun. Copyright Anthony Vosper and licensed for reuse under this Creative Commons Licence / image cropped.

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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 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. Before some permitted development rights can be used, the developer must first obtain “prior approval” in relation to specified aspects of the development from the local planning authority. Some permitted development rights cover building operations, such as home extensions, whereas others cover change of use of buildings. Change of use permitted development rights, such as office to residential conversion, are covered in another Library briefing paper, Planning: change of use. 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 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. 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. Changes were also made in November 2016 to allow for taller mobile masts in a bid to boost mobile connectivity. Future proposals In February 2017 the previous Government began a consultation on extending the existing thresholds for permitted development rights for agricultural development on agricultural units of 5 hectares or more. It also proposed a new agricultural to residential use permitted development right which would allow conversion of up to 750sqm, for a maximum of 5 new dwellings, each with a floor space of no more than 150sqm. The Conservative Party manifesto for the 2017 general election indicated that nonfracking drilling would be made permitted development. The new Government has not yet confirmed this position since the election and the appointment of a new Housing and Planning Minister.

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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.

Legislation from April 2015 brought new permitted development rights into force and replaced the previous law.

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.

The Planning Portal website has guides about the rules relating to some of the most frequently used permitted development rights. These include: • • • • •

Domestic solar panels; Extensions; Loft conversions; Outbuildings; and Satellite, TV and radio antenna.

1.1 Neighbour consultation scheme Before some permitted development rights can be used, for example for larger single-storey rear extensions, there is a neighbour consultation scheme requirement which requires notifying the local planning authority of what is proposed. The local authority will serve a notice on adjoining owners or occupiers, i.e. those who share a boundary, including to the rear. If any adjoining neighbour raises an objection within the 21-day period, the local authority will take this into account and make a decision about whether the impact on the amenity of all adjoining properties is acceptable. For further information about the scheme and its requirements see HM Government, Permitted Development Rights for Householders: Technical Guidance, April 2017.

1.2 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:

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• • • •

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. Permitted development rights relating to a change of use of buildings is covered in a separate Library briefing paper, Planning: Change of Use, SN/SC/01301.

1.3 Prior approval 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. Further information about prior approval, what it is and when it is required is provided in the Planning Practice Guidance.

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2. Local authority ability to suspend permitted development rights (Article 4 Directions) In some circumstances local planning authorities can suspend permitted development rights (including those relating to change of use) 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 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.

The online Planning Practice Guidance (PPG) which accompanies the NPPF states that provided there is justification for both its purpose and extent, it is possible to make an article 4 direction covering: •

cover an area of any geographic size, from a specific site to a local authority-wide area

•

remove specified permitted development rights related to operational development or change of use

•

remove 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. The PPG sets out that if a local planning authority makes an article 4 direction, it can be liable to pay compensation to those whose permitted development rights have been withdrawn, but only if it then subsequently: •

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refuses planning permission for development which would otherwise have been permitted development; or

Department for Communities and Local Government, Extending permitted development rights for homeowners and businesses: technical consultation, November 2012, page 20 HM Government, Planning Practice Guidance, What can an article 4 direction do? Paragraph: 037 Reference ID: 13-037-20140306 Revision date: 06 03 2014

Permitted development rights can be removed if a local authority makes an “article 4 direction”.

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•

grants planning permission subject to more limiting conditions than the General Permitted Development Order

The grounds on which compensation can be claimed are limited to abortive expenditure or other loss or damage directly attributable to the withdrawal of permitted development rights. Paragraph: 042 Reference ID: 13-042-20140306 Revision date: 06 03 2014 3

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. A local planning authority must, as soon as practicable after confirming an article 4 direction, inform the Secretary of State via the National Planning Casework Unit. The Secretary of State does not have to approve article 4 directions, and will only intervene when there are “clear reasons for doing so”. 4 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.

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HM Government, Planning Practice Guidance, Is compensation payable where permitted development rights have been withdrawn? Paragraph: 042 Reference ID: 13-042-20140306 Revision date: 06 03 2014 HM Government, Planning Practice Guidance, Does an article 4 direction have to be submitted to the Secretary of State? Paragraph: 051 Reference ID: 13-05120140306 Revision date: 06 03 2014

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3. Key recent changes to permitted development rights 3.1 Home and business extensions In its written ministerial statement of 6 September 2012 the 2010-15 coalition 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. 5 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.

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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.

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Increasing the size limits for extensions to offices to 100m2, in non-protected areas, for a period of three years.

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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.

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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. 6

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:

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Homeowners wishing to build extensions under the new powers would notify their local council with the details.

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The council would then inform the adjoining neighbours – this already happens for planning applications.

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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

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If objections are raised by neighbours, the council will consider whether the development would have an unacceptable impact on neighbours’ amenity.

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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. 7

An amendment to add this neighbourhood consultation scheme was added to the then Bill in the House of Lords on 22 April 2013. 8 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). 9 The new rules applied initially 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 Government did not respond formally to this part of the Technical consultation before the 2015 general election. 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. In April 2017 the previous Conservative Government updated the Permitted development rights for householders: technical guidance, which explains the rules on householder permitted development, protection for neighbours and the wider environment.

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Secretary of State for Communities and Local Government Letter to MPs, Making it

easier for families to improve their home, 19 April 2013 8 9

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

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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. 10 The Committee found that 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”. 11 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. 12 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. 13 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.” 14 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

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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 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

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Government should consider how access to funding for development could be improved alongside the proposals. 15 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. 16

3.2 Telecommunications masts and mobile connectivity A Government consultation, Mobile connectivity in England: technical consultation in May 2013, proposed to increase permitted development rights for the heights of antenna on existing buildings and structures and an increase in height for existing masts as follows: 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. 17

These changes then came into force from 21 August 2013 through the (now superseded) Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2013 (SI 1868). 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.

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North East Chamber of Commerce, Response to Extending Permitted Development Rights Consultation, 12 December 2012 “Neighbour consultation could cost councils”, Planning, 3 May 2013 Department for Communities and Local Government, Mobile connectivity in England: technical consultation, May 2013

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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 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. 18

These changes were then brought into force by the Town and Country Planning (General Permitted Development) (England) (Amendment) (No 2) Order 2016 from 24 November 2016.

3.3 Reform of General Permitted Development Order and new permitted development rights: 2015 In Budget 2014 the then Government announced a review of the 1995 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. 19

In the Government’s July 2014 Technical consultation on planning a number of new permitted development rights were proposed. The coalition Government did not formally responded to this part of the Technical consultation on planning before the 2015 general election. 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: • • •

The Town and Country Planning (General Permitted Development) (England) Order 2015 No. 596 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 18 19

Boosting Mobile Connectivity: Written statement - HCWS631 17 March 2016 HM Treasury, Budget 2014, 19 March 2014, para 1.147

A number of new permitted development rights were introduced in April 2015.


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 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

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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. 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 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.

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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 house exceeding 29m3 in capacity, where the installation is carried out at or above ground level, or under a highway. 20

Changes made by these statutory instruments came into force on 15 April 2015.

20

The Town and Country Planning (Use Classes) (Amendment) (England) Order 2015 No. 597 Explanatory Memorandum


3.4 Shale gas and oil monitoring and investigation Changes were made from 6 April 2016 by the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016, to 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. This came about following changes by the Infrastructure Act 2015. The 2015 Act had required that, as one of a number of conditions that needed to be met before certain high-volume hydraulic fracturing could occur, methane in groundwater should be monitored over a 12 month period. A change to permitted developments was proposed so that this condition could be met more easily. The March 2015 consultation document, 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. A Government response to this consultation in August 2015 confirmed that it would amend legislation so that development which consisted of the drilling of boreholes for groundwater monitoring for petroleum exploration could take place as permitted development. 21 It also confirmed that the structure height of rigs that could be used would be increased from 12 to 15 metres. The then 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 was that this would “speed up the delivery of essential monitoring information for safety and environmental protection and free local resources for where the express attention of the local planning authority is required.” 22 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 confirmed the scope of the permitted development rights that are now contained in the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016:

21

22

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 Shale gas and oil policy statement by DECC and DCLG, 13 August 2015

Number 00485, 14 June 2017 18

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. 23

3.5 Prior approval for building operation permitted development Section 152 of the Housing and Planning Act 2016 introduced a prior approval process for building operation permitted development rights (as opposed to change of use permitted development) and other development orders. The idea was to delegate this matter to LPAs so that “local conditions and sensitivities can be taken into account”. 24

3.6 Drinking establishments Section 15 of the Neighbourhood Planning Act 2017 required the Secretary of State, “as soon as reasonably practicable after the coming into force of this section” to remove the existing permitted development rights which allow drinking establishments, including pubs, to change use or to be demolished. This has now been done and has come into force, through the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 from 23 May 2017. This particular section in the 2017 Act was added at the Consideration of Lords amendments stage of the then Bill in the House of Commons on 28 March 2017 by the Government. The section added was an 23

24

HM Government, Further amendments to permitted development rights for petroleum exploration site investigation and monitoring: Government response to the consultation, 17 December 2015 Housing and Planning Bill Explanatory Notes, Bill 75 EN 2015-16, p44

Change of use and demolition permitted development rights for public houses have been removed.


amendment in lieu of a similar new clause (amendment 35) added in the House of Lords which was moved by Labour peer Lord Kennedy of Southwark at the Bill’s Report Stage (2nd Day) in the House of Lords on 28 February 2017.

Number 00485, 14 June 2017 20

4. Future proposals 4.1 Rural areas The previous Conservative Government’s August 2015 rural productivity plan, Towards a one nation economy: A 10-point plan for boosting productivity in rural areas announced a review of the planning and regulatory constraints facing rural businesses, as well as a review of the current thresholds for permitted development change of use from agricultural to residential use. Further information about these existing rights is available from the Planning Permission for Farms page of the Gov.uk website. On 11 February 2016 the Government published a Rural planning review: call for evidence which asked for views on these areas. 25 The Government’s response to this part of the consultation was published in February 2017. 26 In this document the Government began further consultation on extending the existing thresholds for permitted development rights for agricultural development on units of 5 hectares or more. It asked: Should the thresholds set out in Part 6, Class A of the Town and Country (General Permitted Development) Order 2015 (as amended) be amended, and if so: • What would be appropriate thresholds including size and height; • What prior approvals or further conditions would be required; and, • Are there other changes in relation to the thresholds that should be considered? 27

In the 2017 Response, the Government also began a consultation on a new agricultural to residential use permitted development right: It is proposed that this would allow conversion of up to 750sqm, for a maximum of 5 new dwellings, each with a floor space of no more than 150sqm. The Government is seeking views on how best to ensure these properties meet local need. It also proposes amending the existing Class Q permitted development right to increase the existing threshold from 450sqm to 465sqm to bring it into line with the current permitted development right threshold for agricultural development. 28

It will be for the new Government and the new Housing and Planning Minister to respond to the consultation and set out if or how the proposal will be taken forward. 25 26

27

28

HM Government, Rural planning review: call for evidence, 11 February 2016 HM Government, Summary of responses to the technical consultation on implementation of planning changes, consultation on upward extensions and Rural Planning Review Call for Evidence, 7 February 2017, p38-41 HM Government, Summary of responses to the technical consultation on implementation of planning changes, consultation on upward extensions and Rural Planning Review Call for Evidence, 7 February 2017, p40 HM Government, Summary of responses to the technical consultation on implementation of planning changes, consultation on upward extensions and Rural Planning Review Call for Evidence, 7 February 2017, p41


4.2 Conservative Party 2017 manifesto The Conservative Party manifesto for the 2017 general election indicated that non-fracking drilling would be made permitted development: We will legislate to change planning law for shale applications. Non-fracking drilling will be treated as permitted development, expert planning functions will be established to support local councils, and, when necessary, major shale planning decisions will be made the responsibility of the National Planning Regime. 29

The new Government has not yet confirmed this position since the election and the appointment of a new Housing and Planning Minister.

29

Conservative and Unionist Party General Election Manifesto 2017, May 2017, p23

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