What are Permitted Development Rights?
Permitted development rights are provided by Article 3 of the
Town and Country Planning (General Permitted Development) Order 1995 (the GPDO). This allows certain types of development to proceed without the need for planning permission.
The most commonly used permitted development rights relate to dwelling houses. The GPDO permits householders to undertake alterations, minor extensions as well as erect buildings and structures within the curtilage of a property, without planning permission. The GPDO has been amended with effect from 1st October 2008. Please use
this link to view a summary of the changes to the rules for houses and information specifically relating to the paving/resurfacing of front gardens can be found
here. NB: These changes to the GPDO
do not affect building regulations which remain the same and which may still be required in all cases.
Schedule 2 of the GPDO specifies all the different types of permitted development rights and the various limitations which apply. The current schedule is divided into 33 parts and there is a link to it at the bottom of this page. Each part relates to a particular category of development.
Limits on or Withdrawal of Permitted Development Rights
While the basic aim of permitted development rights is to exclude relatively minor development proposals from planning controls, the scope of these rights are, and can be controlled by the following measures:
- Each part of Schedule 2 of the GPDO contains a number of detailed limitations on what specifically constitutes permitted development. These rights are more restrictive in the case of Listed Buildings, Conservation Areas, National Parks and Areas of Outstanding Natural Beauty.
- Most forms of development which require an Environmental Impact Assessment (EIA) are exempt from permitted development rights.
- Certain types of permitted development relating to agriculture and telecommunications apparatus are subject to a condition requiring the prior approval of the local planning authority to the siting and appearance of these works.
- When granting planning permission for a particular development , local authorities can, by condition, remove permitted development rights.
- Under Article 4 of the GPDO, local authorities can serve a direction which has the effect of removing specified permitted development rights from a particular area. The two areas within Blackpool subject to Article 4 Directions are:
Stanley Park Conservation Area
In addition to the normal planning controls, planning permission is needed for :
- the enlargement, improvement or other alterations to the appearance of a dwellinghouse
- the erection, construction or alteration to any gate, wall, fence or other means of enclosure
- the painting of the exterior of any building (although this does not include painting gutters, downspouts, window frames or doorcases, but does include painting brick and render, and stone lintels, leads, sills and doors themselves, except where the existing colour is retained).
Promenade
In addition to the normal planning controls, planning permission is needed on land along the whole of the easterly side of the Promenade and Queens Promenade for any temporary use and temporary structures erected for the purpose of that use.
More information on what types of development require planning permission and what constitutes 'permitted development' can be found on the
Planning Portal 'Permission Needed?' pages.