Permitted Development Rights Amended Again

The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) Regulations 2019 took effect on 25 May 2019.

As suggested by the title, the Regulations, amongst other things, amend the Town and Country Planning (General Permitted Development) (England) Order 2015. The changes can be summarised as follows:

  • make permanent the time limited right to build a larger rear extension to a dwellinghouse;
  • allow for the erection of taller upstands for off street electric vehicle charging points;
  • amend the existing right to additionally allow the change of use from takeaways to residential use;
  • allow the change of use from retail, takeaways, betting offices, payday loan shops, and launderettes to office use;
  • amend the existing right to additionally allow the temporary change of use to specified community uses: exhibition hall, public library, museum, clinic or health centre, or art gallery (other than for sale or hire), and to extend the period of temporary use from two years to three;
  • remove the existing right which allows the installation, alteration or replacement of a public call box by or on behalf of an electronic communications code operator subject to certain conditions; and
  • amend Class C of Part 4 of Schedule 2 to ensure that where there is a temporary use of a building as a state-funded school, that the building retains its original use or use class and any associated rights to change to a permanent state-funded school.

As with all permitted development rights it is crucial to pay close attention to the limitation and conditions which apply to each right. It is all too easy when considering the lawfulness of a particular development to assume that something is permitted development because it falls within the wording of the “permitted development” part of each of the classes in the GPDO schedule.  Yet the limitations on that development are many and wide ranging and some are quite difficult to apply in practice. Failing to comply with a limitation or condition can render the development unlawful and run the risk of enforcement action by the local planning authority.

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