The Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596) (the "GPDO 2015") is a statutory instrument, applying in England, that grants planning permission for certain types of development without the requirement for approval from the local planning authority (such development is then referred to as permitted development).

Schedule 2 of the GPDO 2015 specifies the classes of development for which planning permission is granted, and specifies the exceptions, limitations, and conditions that apply to some of these classes. The GPDO 2015 was made by the Secretary of State under authority granted by sections 59, 60, and 333 of the Town and Country Planning Act 1990, and section 54 of the Coal Industry Act 1994. The Order revokes and replaces the Town and Country Planning (General Permitted Development) Order 1995.

History

The GPDO 2015 came into force in England on 15 April 2015, and was introduced by Statutory Instrument 2015 No. 596. The GPDO 2015 revoked the (SI 1995/418) (the "GPDO 1995"), in England, which was the previous version of the legislation, and which remains current in Wales.

Since it came into force, the GPDO 2015 has been amended by a number of subsequent statutory instruments, including SI 2016/332, SI 2016/1040, SI 2017/391, SI 2017/619, SI 2018/343, SI 2019/907, SI 2020/330, SI 2020/412, and SI 2020/632.

The website www.legislation.gov.uk, which is delivered by the National Archives, provides the original ("as made") version of the GPDO 2015, but states that UK statutory instruments are not carried in their "revised" form on the website.

The earlier version of the legislation, the GPDO 1995, came into force on 3 June 1995. The GPDO 1995 has been amended by a number of subsequent statutory instruments. With respect to England, the Planning Jungle website states that the GPDO 1995 was amended by a total of 37 subsequent statutory instruments.GPDO 1995 (Consolidated) (Superseded), The Planning Jungle website.

The following list shows all of the versions of the GPDO from 1948 to present: The (SI 1948/958) The (SI 1959/1286) The (SI 1963/709) The (SI 1973/31) The (SI 1977/289) The (SI 1988/1813) The Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) The Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596)

Operation of the GPDO 2015

Article 1 sets out that the GPDO 2015 applies to all land in England, with exceptions where the land is the subject of a special development order. Article 2 defines various terms within the GPDO 2015. Article 3 sets out that the GPDO 2015 grants planning permission for the classes of development in Schedule 2 (referred to as "permitted development"), subject to any relevant exception, limitation or condition specified in Schedule 2. Article 3 also sets out a number of exceptions, including that the GPDO 2015 does not permit development contrary to any condition imposed by any planning permission, and that the GPDO 2015 does not grant permission where the existing building or use is unlawful. Article 4 sets out that the Secretary of State or the local planning authority may make a direction (referred to as an Article 4 direction) restricting certain permitted development rights. Schedule 3 sets out the procedure for introducing Article 4 directions. Schedule 1 Part 1 defines "article 2(3) land", which includes land which is a national park, an Area of Outstanding Natural Beauty, a conservation area, The Broads, or a World Heritage Site. Schedule 1 Part 3, which was deleted with effect from 31 May 2019, defined "article 2(5) land", which consisted of designated areas within a total of 17 different local authorities. Schedule 2 specifies the classes of development to which article 3 refers (i.e. for which planning permission is granted). These classes are contained within 21 "Parts" (i.e. Parts 1 to 20, including Part 12A).

Schedule 2 of the GPDO 2015

Schedule 2 specifies the classes of development for which planning permission is granted, and specifies the exceptions, limitations, and conditions that apply to some of these classes. These classes are contained within the following 20 "Parts":

Part 1: Development within the curtilage of a dwellinghouse. Part 2: Minor operations. Part 3: Changes of use. Part 4: Temporary buildings and uses. Part 5: Caravan sites and recreational campsites. Part 6: Agricultural and forestry. Part 7: Non-domestic extensions, alterations etc. Part 8: Transport-related development. Part 9: Development relating to roads. Part 10: Repairs to services. Part 11: Heritage and demolition. Part 12: Development by local authorities. Part 12A: Development by Local Authorities and Health Service Bodies Part 13: Water and sewerage. Part 14: Renewable energy. Part 15: Power related development. Part 16: Communications. Part 17: Mining and mineral exploration. Part 18: Miscellaneous development. Part 19: Development by the Crown or for national security purposes. Part 20: Construction of New Dwellinghouses

Prior approval Some classes of permitted development are subject to a pre-commencement condition that an application be made to the local planning authority (LPA) for their prior approval, or their determination as to whether prior approval is required, in respect of specified matters before the development is begun.

For example, in the case of a change of use of an agricultural building to a dwellinghouse under Part 3, Class Q, the developer needs to apply to the LPA with respect to for a determination as to whether the prior approval of the authority will be required as to the transport and highways impacts of the development, noise impacts of the development, contamination risks on the site, flooding risks on the site, whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a use as a dwellinghouse, the design or external appearance of the building, and the provision of adequate natural light in all habitable rooms of the dwellinghouses.

Prior approval applications must be determined within specified periods or prior approval will be deemed to be granted. However, the development must be carried out after prior approval is granted and in accordance with the submitted plans, otherwise, it will be development without the benefit of the planning permission granted by the GPDO 2015.

There is a right of appeal to the Secretary of State via The Planning Inspectorate against a refusal of prior approval by an LPA.

Householder permitted development

The phrase "permitted development" is often used to refer to Schedule 2 Part 1, which relates to "Development within the curtilage of a dwellinghouse".Permitted Development Rights, The Planning Portal website.

Householder permitted development in England

With respect to England, householder permitted development is set out by Schedule 2 Part 1 of the GPDO 2015, as introduced on 15 April 2015 by SI 2015 No. 596, then amended on 6 April 2016 by SI 2016 No. 332, then amended on 6 April 2017 by SI 2017 No. 391, then amended on 1 June 2018 by SI 2018 No. 119, then amended on 25 May 2019 by SI 2019 No. 907, and then amended on 1 August 2020 by SI 2020 No. 632

In September 2008, the Department for Communities and Local Government ("DCLG") published a document titled Guidance on the permeable surfacing of front gardens, which provides advice about how to interpret Part 1 Class F. This document was subsequently updated in May 2009.

In August 2010, DCLG published a document titled Permitted development rights for householders: technical guidance, which provides advice about how to interpret Part 1. This document was subsequently updated in January 2013, October 2013, April 2014, April 2016, April 2017, and September 2019.

In May 2013, DCLG published a document titled "Home Extensions - Neighbour Consultation Scheme", which provided advice about the system of larger rear extensions under Part 1 Class A. This document was subsequently updated in June 2013 and June 2015. In March 2016, this document was replaced by a document published by the Planning Portal (see below).

In May 2014, DCLG published the "Planning practice guidance", which includes a section titled "What are permitted development rights?". This website is updated on an ongoing basis.

In March 2016, the Planning Portal published a document titled "Notification of a proposed larger Home Extension", which provides advice about the system of larger rear extensions under Part 1 Class A. This document was subsequently updated in May 2019, August 2019, and November 2019. The current version of this document is titled Application to determine if prior approval is required for a proposed: Larger Home Extension.

In the above "Permitted development rights for householders: technical guidance" document, the 8 classes of Schedule 2 Part 1 are described as follows:

Class A covers the enlargement, improvement or alterations to a house such as rear or side extensions as well as general alterations such as new windows and doors. From 30 May 2013 to 30 May 2019 a neighbour consultation scheme for larger rear extensions under Class A is required. Class B covers additions or alterations to roofs which enlarge the house such as loft conversions involving dormer windows. Class C covers other alterations to roofs such as re-roofing or the installation of roof lights/windows. Class D covers the erection of a porch outside an external door. Class E covers the provision of buildings and other development within the curtilage of the house. Class F covers the provision of hard surfaces within the curtilage of the house such as driveways. Class G covers the installation, alteration, or replacement of a chimney, flue or soil and vent pipe. Class H covers the installation, alteration, or replacement of microwave antenna such as satellite dishes.

For the above legislation, public consultations were undertaken from 21 May 2007 to 17 August 2007,Changes to Permitted Development: Consultation Paper 2 - Permitted Development Rights for Householders. GOV.UK. from 12 November 2012 to 24 December 2012,Extending permitted development rights for homeowners and businesses: technical consultation. GOV.UK. from 31 July 2014 to 26 September 2014,Technical consultation on planning, GOV.UK. and from 29 October 2018 to 14 January 2019.Planning Reform: Supporting the high street and increasing the delivery of new homes, GOV.UK.

Householder permitted development in Wales

With respect to Wales, householder permitted development is set out by Schedule 2 Part 1 of the GPDO 1995, as amended on 30 September 2013 by Statutory Instrument 2013 No. 1776.

In July 2013, the Welsh Government published a document titled "Technical Guidance: Permitted development for householders", which provides advice about how to interpret Part 1. This document was subsequently updated in April 2014.

For the above legislation, a public consultation was undertaken from 23 November 2010 to 15 February 2011.Consultation: Proposed Changes to Householder Permitted Development Rights , wales.gov.uk.

Amendments since 2013