The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends, primarily, the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the GPDO”). The GPDO provides, for the purposes of section 59 of the Town and Country Planning Act 1990 (c. 8), for the granting of permission for certain classes of development without the requirement for a planning application to be made under Part 3 of that Act. The classes of permission, together with their accompanying conditions, limitations and restrictions, are set out in Schedule 2 to the GPDO.

Article 6 amends Part 3 (changes of use) of Schedule 2 to the GPDO to introduce a new class of permitted development (“Class MA”), being a right to change the use of premises from commercial, business or service purposes to use as dwellinghouses.

Article 9 amends Class M (extensions etc for schools, colleges, universities and hospitals) of Part 7 (non-domestic extension, alterations etc) of Schedule 2 to the GPDO. It expands the existing permitted development right in respect of schools, colleges, universities and hospitals to allow a wider range of development, and brings certain prisons within the scope of the right. The provision also introduces a requirement to apply to the local planning authority for determination as to whether the authority’s prior approval is needed in respect of proposed development of university buildings.

Article 10 amends Class B (dock, pier, harbour, water transport, canal or inland navigations undertakings) of Part 8 (transport related development) of Schedule 2 to the GPDO. It expands the existing permitted development right to allow development on operational land at a port in connection with the provision of services and facilities. The provision also introduces a requirement to consult the local planning authority in certain circumstances.

Article 11 amends Class B (demolition of buildings) of Part 11 (heritage and demolition) of Schedule 2 to exclude from the existing permitted development right the demolition of certain commemorative structures that have been in place for 10 years or more.

This Order makes further minor and consequential amendments to the GPDO.

Article 13 makes minor amendment to the Town and Country Planning (Use Classes) Order 1987 to clarify the scope of an existing use class.

Article 14 makes minor amendment to the Town and Country Planning (Compensation) (England) Regulations 2015 to add Class MA to the list of development prescribed for the purposes of subsections (2A)(a) and (3C)(a) of section 108 (compensation where planning permission granted by development order is withdrawn) of the Town and Country Planning Act 1990.

Article 15 makes transitional provision, particularly to ensure the continued effective operation of directions made by local planning authorities under article 4(1) of the GPDO restricting development permitted under Class O which is in future to be permitted under Class MA.

An Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is being produced by the Ministry of Housing, Communities and Local Government and will also be published at www.legislation.gov.uk and copies may be inspected at the Planning Directorate, the Ministry of Housing, Communities and Local Government, 2 Marsham Street London, SW1P 4DF.