Permitted development rights under article 3
Permitted development rights are provided by Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 ( as amended ). 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.
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. 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 sighting 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 GDPO, local authorities can serve a direction which has the effect of removing specified permitted development rights from a particular area. The areas within Dartford subject to Article 4 Directions are listed in this document PDF, 70.2 KB .
More information on what types of development require planning permission and what constitutes 'permitted development' can be found on the Planning Portal 'Do you need Permission?' page.
Click the link below for further information on the need for permission