Permitted Development Rights

Transcription

1 Permitted Development Rights Standard Note: SN/SC/485 Last updated: 26 March 2014 Author: Louise Smith Section Science and Environment Section Permitted development rights are basically a right to make certain changes to a building without the need to apply for planning permission. These derive from a general planning permission granted from Parliament, rather than from permission granted by the local planning authority. In some circumstances local planning authorities can suspend permitted development rights in their area. Local planning authorities have powers under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995 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. In May 2013 controversial 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 non-protected areas, for a period of three years. A neighbour consultation scheme on new extensions was introduced by Government in response to concerns about the original proposals. In Budget 2014 it was announced that the Government would review the General Permitted Development Order to introduce a three-tier system to decide the appropriate level of permission. There would be 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. No further details have yet been issued. Changes to permitted development rights for change of use for certain properties including agricultural buildings and nurseries providing childcare will come into force on 6 April The Government has also announced further proposals to consult on extending permitted development rights to allow change of use from warehouse and light industry to residential use without needing planning permission. This note sets out these issues in more detail. It applies to England only. This information is provided to Members of Parliament in support of their parliamentary duties and is not intended to address the specific circumstances of any particular individual. It should not be relied upon as being up to date; the law or policies may have changed since it was last updated; and it should not be relied upon as legal or professional advice or as a substitute for it. A suitably qualified professional should be consulted if specific advice or information is required. This information is provided subject to our general terms and conditions which are available online or may be provided on request in hard copy. Authors are available to discuss the content of this briefing with Members and their staff, but not with the general public.

2 Contents 1 Permitted Development Rights 2 2 Local authority ability to suspend permitted development rights (Article 4 Directions) 2 3 Recent changes to permitted development rights Home extensions 3 Response to extending permitted development rights to home extensions Telecommunications masts 7 4 Proposed changes Reform of General Permitted Development Order Reuse of existing buildings 8 1 Permitted Development Rights Permitted development rights are basically a right to make certain changes to a building without the need to apply for planning permission. These derive from a general planning permission granted from Parliament in The Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) (the 1995 Order), rather than from permission granted by the local planning authority. Schedule 2 of the 1995 Order sets out the scope of permitted development rights. For more information on the current permitted development rights for home extensions and examples, see the Government s planning portal webpage on extensions. 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, 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. 2 Local authority ability to suspend permitted development rights (Article 4 Directions) In some circumstances local planning authorities can suspend permitted development rights in their area. Local planning authorities have powers under Article 4 of the 1995 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 1 Department for Communities and Local Government, Extending permitted development rights for homeowners and businesses: technical consultation, November 2012, page 20 2

3 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. Further Government guidance states that provided there is justification for both its purpose and extent, it is possible to make an article 4 direction covering: Any geographic area from a specific site to a local authority wide; Permitted development rights related to operational development or change in the use of land; 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. Local planning authorities may be liable to pay compensation to those whose permitted development rights have been withdrawn if they: refuse planning permission for development which would have been permitted development if it were not for an article 4 direction; or grant planning permission subject to more limiting conditions than the GPDO [the 1995 Order] would normally allow, as a result of an article 4 direction being in place. 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. 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. 3 Recent changes to permitted development rights 3.1 Home extensions In its written ministerial statement on 6 September 2012 the 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: We will consult shortly on changes to increase existing permitted development rights for extensions to homes and business premises in non protected areas for a three-year 2 Ibid, p3 3 Department for Communities and Local Government, Replacement Appendix D to Department of the Environment Circular 9/95: General Development Consolidation Order 1995, June 2012, para 6.2 3

4 period. This will mean less municipal red tape to build a conservatory and similar small-scale home improvement and free up valuable resources in local authorities. 4 The consultation, Extending permitted development rights for homeowners and businesses, was published on 12 November The main proposals in the consultation 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 nonprotected areas, for a period of three years. No changes are proposed for extensions of more than one storey. Increasing the size limits for extensions to shop and professional/financial services establishments to 100m 2, 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. Increasing the size limits for extensions to offices to 100m 2, in non-protected areas, for a period of three years. Increasing the size limits for new industrial buildings within the curtilage of existing industrial premises to 200m 2, in non-protected areas, for a period of three years. 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. 5 The Government clarified in the consultation that existing limitations and conditions designed to protect the amenity of neighbouring properties would remain: To ensure that the amenity of neighbouring properties is protected, other limitations and conditions would remain the same. For example, development will not be able to cover more than 50% of the curtilage of the house, single-storey extensions must not exceed 4m in height, and any extensions which have an eaves height of greater than 3m must not be within 2m of the boundary. In addition, existing protections under other regimes (building regulations, the Party Wall Act or the right to light, for example) will continue to apply. There is no weakening of the National Planning Policy Framework policies which aim to prevent garden-grabbing. 6 It is also proposed that the changes should not apply to the certain protected types of land: National Parks Areas of Outstanding Natural Beauty conservation areas World Heritage Sites the Norfolk and Suffolk Broads 4 HC Deb 6 Sep 2012 cc29ws 5 Department for Communities and Local Government, Extending permitted development rights for homeowners and businesses, 12 November 2012, p2-3 6 Ibid p7 4

5 Sites of Special Scientific Interest. 7 The Government has calculated how the measures are expected to save home owners money in planning fees and also boost the construction industry: These measures will bring extra work for local construction companies and small traders, as families and businesses who were previously deterred take forward their plans. For illustration, 20,000 new extensions could generate up to 600m of construction output, supporting up to 18,000 jobs. In addition, each family who benefits will save up to 2,500 in planning and professional fees, with total savings of up to 100m a year. 8 At third reading in the House of Lords on 26 March 2013 (c979) Lord True moved an amendment to insert a new clause into the then Growth and Infrastructure Bill The amendment would have meant that local councils could opt out of any Order subsequently introduced, since 1 January 2013, which extended permitted development rights in relation to home extensions. It would have effectively bypassed the need for local Councils to use Article 4 directions to opt out of the extension to permitted development rights, and therefore avoided the Article 4 compensation regime. The Government disagreed with this amendment and the Secretary of State, Eric Pickles, offered to provide neighbours more of a say on new permitted development rights, in order to get Lord True s new clause removed from the Bill at ping pong stage in the House of Commons. Eric Pickles wrote to MPs to explain the new neighbour consultation scheme: Homeowners wishing to build extensions under the new powers would notify their local council with the details. The council would then inform the adjoining neighbours this already happens for planning applications. If no objections are made to the council by the neighbours within a set period, the development can proceed. If objections are raised by neighbours, the council will consider whether the development would have an unacceptable impact on neighbours amenity. 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. 9 An amendment to add this neighbourhood consultation scheme to the Act was added in the then Bill House of Lords on 22 April In his letter, Eric Pickles confirmed that Government would go ahead with new permitted householder development rights. The Government published a Summary of Consultation Responses on 9 May The new permitted development rights have now come into 7 Ibid p11 8 Ibid p2 9 Secretary of State for Communities and Local Government Letter to MPs, Making it easier for families to improve their home, 19 April HL Deb 22 April 2013 cc1229 5

6 force, from 30 May 2013 by the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 (SI 2013/1101). 11 The new rules will apply for a three year period. Further information about the size limits of permitted development under the new rules and about the neighbour consultation scheme see DCLG note, Larger home extensions: neighbour consultation scheme. Response to extending permitted development rights to home extensions On 20 December 2012 the House of Commons Communities and Local Government Select Committee published a report into the proposed changes to permitted development rights. 12 The Committee found that the Government had failed to take account of 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. 13 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 adjustments and further reviews should be conducted: 24. We conclude that the case for the changes the Government proposes to permitted development rights for domestic extensions has not been made. We therefore do not agree that in non-protected areas the maximum depth for single-storey rear extensions should be increased to eight metres for detached houses, and six metres for any other type of house. 25. If against our advice the Government should be determined to persist with change (and we consider that it should not) then a number of adjustments need to be made. First, because of the potential impact on areas with a significant number of Houses in Multiple Occupation, there is a strong case for excluding them from the relaxation at least until a thorough impact assessment has been carried out. Second, if the Article 4 mechanism is to provide a viable local exemption from permitted development rights, it will be necessary to remove payment of compensation and to allow local authorities to charge for planning applications falling within Article 4 in cases such as domestic extensions. Third, we recommend that the Government carry out a full review of the impact of the changes at the end of the three year trial. We recommend (a) that the review includes an independent study, including commissioned research on neighbour disputes and the impact on the quality, design and amenity of the permitted development and on the local area and (b) an invitation to interested parties to submit evidence and (c) that the outcome of the review be published 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 Communities and Local Government Select Committee, The Committee's response to Government's consultation on permitted development rights for homeowners, Seventh Report of Session , HC 830, 20 December Communities and Local Government Select Committee, The Committee's response to Government's consultation on permitted development rights for homeowners, Seventh Report of Session , HC 830, 20 December 2012, p16 14 Communities and Local Government Select Committee, The Committee's response to Government's consultation on permitted development rights for homeowners, Seventh Report of Session , HC 830, 20 December 2012, p

7 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. 15 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 which 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. 16 Some organisations have responded positivity 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 said however, that Government should also consider how access to funding for development could also be improved alongside the proposals. 17 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 Telecommunications masts On 3 May 2013 the Government published a consultation, Mobile connectivity in England: technical consultation. The consultation proposed to increase permitted development rights for certain types of telecommunications equipment in England, in order to support the swifter roll out of the 4th Generation (4G) of high speed mobile broadband technology. 19 The consultation closed on 14 June Two of the key proposals in the consultation relate to increase permitted development rights for antenna on existing buildings and structures and an increase for existing masts to be extended: 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. (...) 15 Royal Town Planning Institute, Response to Extending Permitted Development Rights Consultation, 21 December Planning Officers Society, Response to Extending Permitted Development Rights Consultation, 11 December North East Chamber of Commerce, Response to Extending Permitted Development Rights Consultation, 12 December Neighbour consultation could cost councils, Planning, 3 May Department for Communities and Local Government, Mobile connectivity in England: technical consultation, May 2013, p2 7

8 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. 20 These changes came into force from 21 August 2013 through the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2013 (SI 1868). 4 Proposed changes 4.1 Reform of General Permitted Development Order In Budget 2014 it was announced that the Government would review the 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. 21 No further details about this proposal have yet been issued. 4.2 Reuse of existing buildings 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. It is only a general guide and it is for local planning authorities to determine, in the first instance, depending on the individual circumstances of each case, which class a particular use falls into. Further information about use classes is available on the Government s Planning Portal website. In August 2013 the Government issued a consultation, Greater flexibilities for change of use, which proposed granting permitted development rights for change of use to change retail use into residential use and to change agricultural use into residential use. The Government officially responded to the consultation on new permitted development rights on 14 March It confirmed that it would go ahead with the majority of these new change of use permitted development rights as proposed. An exception to this is that the change to allow agricultural buildings to convert to residential use will not apply in areas of National Park land and other protected areas. These changes will be implemented through the Town and Country Planning (General Permitted Development) (Amendment and Consequential Provisions) (England) Order 2014 (SI 2014/564), which is due to come into force on 6 April In the Autumn Statement 2013 and the accompanying document Supporting High Streets and Town Centres Background Note, 6 December 2013, it was set out that there would be a further consultation on new permitted development rights to change retail use into leisure use. Further information about these proposals for change of use is set out in the Library Standard note, Planning Use Class Orders. 20 Department for Communities and Local Government, Mobile connectivity in England: technical consultation, May HM Treasury, Budget 2014, 19 March 2014, para

9 In the Budget 2014 the Government also said that it will consult on new permitted development rights for change of use to residential use and to allow businesses to expand certain onsite facilities: the government will consult on specific change of use measures, including greater flexibilities for change to residential use, for example from warehouses and light industry structures, and allowing businesses greater flexibilities to expand facilities such as car parks and loading bays within existing boundaries, where there is little impact on local communities. The Budget 2014 also set out that the Government would consider creating a much wider retail use class, excluding betting shops and payday loan shops HM Treasury, Budget 2014, 19 March 2014, para