The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) (“the GPDO”). The amendments apply to England only.

The GPDO grants planning permission for certain classes of development. However, the GPDO also contains provisions which enable local planning authorities to give directions to withdraw that permission within a local area (“article 4 directions”). When a local authority gives an article 4 direction, specific planning permission is then required for development of that class in the area to which the direction applies.

Paragraph (2) of article 2 of this Order substitutes new articles 4, 5 and 6 in the GPDO. Article 4 changes the procedure relating to article 4 directions so that local planning authorities no longer require approval from the Secretary of State for certain kinds of article 4 direction. It makes provision for the giving of notice, representations to be taken into account and the date the direction comes into effect.

Paragraph (2) of article 2 of this Order also sets out a procedure for article 4 directions relating to certain categories of development where local planning authorities consider that development would be prejudicial to the proper planning of their area or constitute a threat to the amenities of their area or directions in conservation areas relating to certain categories of development. In these circumstances a local planning authority can make an article 4 direction with immediate effect.

This Order also amends the GPDO to grant planning permission for some categories of development which previously required planning permission.

Paragraph (3) of article 2 of this Order amends Part 3 (changes of use) in Schedule 2 to the GPDO to give permitted development rights to changes of use from buildings used as small scale houses in multiple occupation, shared by three to six people, to use as dwellinghouses.

Paragraph (4) of article 2 of this Order substitutes a new Part 8 (industrial and warehouse development) in Schedule 2 to the GPDO. It extends some of the previous permitted development rights for industrial buildings and warehouses to research and development uses and permits new buildings subject to certain constraints. The new Part 8 also amends the permitted development rights for the provision and partial or total replacement of hard surfaces within the curtilage of an industrial building.

Paragraph (5) of article 2 of this Order substitutes a new Part 32 (schools, colleges, universities and hospitals) in Schedule 2 to the GPDO. It extends the permitted development rights for schools, colleges, universities and hospitals and allows extensions and alterations to such institutions, subject to certain constraints.

Paragraph (6) of article 2 of this Order inserts two new Parts into Schedule 2 to the GPDO – Part 41 (office buildings) and Part 42 (shops or catering, financial or professional services establishments). Part 41 grants permitted development rights to extend or alter office buildings, subject to certain constraints. Part 42, Class A grants permitted development rights to extend or alter shops and financial or professional services establishments, subject to certain constraints. Class B grants permitted development rights for buildings and enclosures for the storage of shopping trolleys within the curtilage of a shop, subject to certain constraints. Class C grants permitted development rights for the provision and partial or total replacement of hard surfaces within the curtilage of a shop, catering, financial or professional services establishment, subject to certain constraints.

An impact assessment has been prepared in relation to this Order. It has been placed in the library of each House of Parliament and copies may be obtained from the Planning Directorate, the Department for Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU or www.communities.gsi.gov.uk.