2019 changes to Permitted Development Rights now in force
On 25 May 2019 the provisions of The Town and Country Planning (Permitted Development, Advertisements and Compensation Amendments) (England) Regulations 2019 came into effect, which include the 2019 amendments to the permitted development rights regime contained in The Town and Country Planning (General Permitted Development) (England) Order 2015 ("GPDO").
The significant changes to the regime are as follows:
- The temporary right to enlarge a dwellinghouse has been made permanent. Class A, Part 1 of Schedule 2 of the GPDO permits extensions of up to 8 metres for a detached dwelling or up to 6 metres for any other dwelling (subject to a number of conditions and restrictions).
- Class Q of Part 3 of Schedule 2 (permitting a change of use of an agricultural building to dwellinghouse(s)) has been amended to provide that any dwellinghouse cannot exceed 465 square metres.
- A new Class JA in Part 3 of Schedule 2 has been added, to permit a change of use from Class A1 (shops), Class A2 (financial and professional services), Class A5 (hot food takeaways), a betting shop, a pay day loan shop or a launderette to a use falling within Class B1(a) (offices). This is subject to a maximum floor space of 500 square metres and the prior approval of the local planning authority is required for certain matters.
- Class M of Part 3 of Schedule 2 has been altered, to permit a change of use from Class A5 (hot food takeaway) to a dwellinghouse.
- Class D of Part 4 of Schedule 2, which permits temporary flexible use for specific classes of building, has been amended to allow the temporary flexible use for up to 3 years (previously up to 2 years flexible use was permitted).
When seeking to reply on a permitted development right, it is critical to carefully consider the conditions and restrictions relating to that right to ensure that the right is available for the proposed development or change of use and an exclusion doesn't apply, in addition to ensuring the development or change of use is carried out in accordance with any conditions imposed.
This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.