PD and PA the planning laws in the uk

What are Permitted Development Rights?

Permitted development rights are the rights to make certain changes to a building without the need to apply for planning permission and approval of the local planning authority. These rights from the general planning permission which are contained in statutes granted by Parliament. Before some permitted development rights can be used, the developer must first obtain prior approval regarding the changes and development to be made from the local planning authority who has jurisdiction where the property is located.1

Permitted development rights are provided for in the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended. 2

Note that not all areas in England have the same permitted development rights. Some areas are excluded, such as conservation areas, Areas of Outstanding Natural Beauty, National Parks, the Broads and World Heritage Sites. 3

Permitted development rights are subject to limitations and conditions. These limitations pertain to height, size, location, and period of effectivity. These limitations regarding period can be found in Schedule 2 of the General Permitted Development Order. 4

When is permission required?

In the UK, planning permission is required if the work or development meets the statutory definition of ‘development’ as provided in section 55 of the Town and Country Planning Act 1990. The term development includes construction, rebuilding, including most demolitions; material changes of use of land and buildings; engineering operations and groundworks; mining operations; other operations normally undertaken by a person carrying on a business as a builder; and subdivision of a building or any part of it which is used as a dwelling house for use as 2 or more separate dwelling houses. Those that do not amount to “development” are provided in section 55 (2) of the Town and Country Planning Act of 1990. 5

What is Prior Approval (PA)?

Prior Approval is the approval sought by the developer from the local planning authority. It is the local planning authority which specifies the elements of the development which are considered acceptable before any work or development can proceed. The requirements for Prior Approval vary depending on the type of development. These requirements are provided in Schedule 2 to the General Permitted Development Order. 6

Planning Application vs Prior Approval

Requirements for Prior Approval are less prescriptive than those relating to planning applications. Prior Approval supplements the General Permitted Development Order. Local authorities have the discretion on what process they can use for approval if the procedure is not provided in the General Permitted Development Order. This discretion is limited, as the local planning authorities may not impose onerous requirements, and redundant procedures already provided in the planning application system. 7

Types of Development that Requires Approval

The Prior Approval is required for some change of use permitted development rights. It is also required on permitted developments like the erection of new agricultural buildings, and demolition or installation of telecommunications equipment. The matters and requirements which must be considered by the local planning authority for each type of development are also provided in Schedule 2 to the General Permitted Development Order. 8

Period for the local planning authority to notify developer of its decision

For some Permitted Development rights and Prior Approval for certain changes of use, the local planning authority is required to not notify the developer of their decision within the specified time period. If the said period has elapsed, and no notification has been provided, the development can proceed. The time period is provided and updated in Schedule 2 to the General Permitted Development Order. 9

Changes in Planning Legislation and Policy

The differences between the way that planning legislation and policy operate in England, Wales, Scotland, and Northern Ireland has changed rapidly over recent years. These four countries utilise a “plan-led” planning system. In a plan-led system, the national and local planning policy is set out in formal development plans which provides for the guidelines on what developments should get planning approval, including guidelines how to protect the land to ensure a balance between development and environmental protection. Decisions on individual planning applications are made based on the policies in these plans, unless there are other considerations that need to be considered. Each country also has definitions of types of development that are permitted without the need for a planning application and defines “use classes” where change of use within a class is normally permitted. An appeal system to review decisions on applications also operates in each country. Each country also has a system in place to enforce breaches of planning consent. 10

Examples of some of the changes in this ever evolving Legislation

The following are some of the examples of the changes that were recently provided in the requirements for planning permission. For residential extensions (terraced or semi-detached property) which is not a listed building, and is located outside of a conservation area, the rear of the house may be extended up to 6 meters. 8 meters is allowed for those living in a detached property. However, both would still require Prior Approval from the local planning authorities. This requirement will be in effect until May 30, 2019. 11 For drinking establishments, a planning permission is required to convert a drinking establishment for some other use, as well as demolition thereof. 12 Permitted development rights have also been taken away to require planning permission, particularly for development of locations located in Conservation Areas.

References

1 Smith, L. “Permitted Development Rights”. House of Commons Library. (2017) Retrieved from researchbriefings.files.parliament.uk/documents/SN00485/SN00485.pdf

2 Comparison of the planning systems in the four UK countries: 2016 update. House of Commons Library. Retrieved from http://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7459

3 Comparison of the planning systems in the four UK countries: 2016 update. House of Commons Library. Retrieved from http://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7459

4 Comparison of the planning systems in the four UK countries: 2016 update. House of Commons Library. Retrieved from http://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7459

5 “Guidance- When is Permission Required?” Gov.UK (2014) Retrieved from https://www.gov.uk/guidance/when-is-permission-required#What-are-permitted-development-rights

6 “Guidance- When is Permission Required?” Gov.UK (2014) Retrieved from https://www.gov.uk/guidance/when-is-permission-required#What-are-permitted-development-rights

7 “Guidance- When is Permission Required?” Gov.UK (2014) Retrieved from https://www.gov.uk/guidance/when-is-permission-required#What-are-permitted-development-rights

8 “Guidance- When is Permission Required?” Gov.UK (2014) Retrieved from https://www.gov.uk/guidance/when-is-permission-required#What-are-permitted-development-rights

9 “Guidance- When is Permission Required?” Gov.UK (2014) Retrieved from https://www.gov.uk/guidance/when-is-permission-required#What-are-permitted-development-rights

10 Comparison of the planning systems in the four UK countries: 2016 update. House of Commons Library. Retrieved from http://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7459

11 Latest News. Planning Portal. Retrieved from https://www.planningportal.co.uk/news/

12 Latest News. Planning Portal. Retrieved from https://www.planningportal.co.uk/news/

13 Latest News. Planning Portal. Retrieved from https://www.planningportal.co.uk/news/

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Permitted Development and Prior Approval

- The Planning Laws in the UK