What are permitted development rights?

Permitted development rights are planning rights that came into effect as a result of the Town and Country Planning (General Permitted Development England Order 2015 - GDPO) in which planning permission is deemed to be automatically granted for certain developments and changes of use. If the development and/or change of use falls within the scope of the GDPO 2015 a formal application does not need to be made to the local planning authority for planning permission.

Consultation

Early in 2023, the Department for Levelling Up, Housing and Communities published a consultation on proposed changes to the GPDO 2015. The consultation included, among other amendments, proposed changes to the existing permitted development rights to allow local authorities to undertake certain developments.

The consultation closed in April 2023.

Changes to permitted development rights

As a result of the consultation, amendments were made to the GPDO 2015. The ‘2023 Order’ came into force on 26 July this year.

These amendments either added to or changed certain types of permitted developments, specifically:

1. A new class ‘BC’ was added, which permits the use of any land as a recreational campsite for no more than 60 days (in total) in any calendar year and allows for the provision of up to 50 pitches and moveable structures necessary for the purposes of the permitted use, for example, toilets. The inclusion of this new class BC does not apply to sites that are listed buildings or scheduled monuments and does not alleviate the requirements for the other usual consents, such as those from the Environment Agency.

2. A new class ‘MA’ was added, permitting prison fences to be erected, constructed, maintained, improved or altered, including gates, fences, walls or other means of enclosure in connection with a prison.

3. Class E was amended to extend permitted development rights for the temporary use of building and/or land for film-making purposes.

4. The 2023 Order also amended permitted development rights for local authorities who wish to undertake developments. The GPDO 2015 already allowed local authorities to undertake a range of developments, such as the installation of electric vehicle charging points,  information kiosks, public water fountains and public shelters. But the 2023 Order provides them with more flexible rights, for example, it specifically allows for the installation of electric vehicle charging points to be done by an external contractor on behalf of the local authority.

Landowners and developers

If you are a landowner or developer and would like to know more about these changes to permitted development rights and how they could affect the use of your land, then please do get in touch.

We have a dedicated team of specialist agriculture and commercial property solicitors to advise on all aspects of law relating to rural land, agri-business and property and we would be pleased to help you. To get in contact with me please email cara.odonoghue@birkettlong.co.uk or call me directly on 01206 217311.