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 (GPDO), the Order essentially grants planning permission for certain types of development and sets out conditions on which this consent is given. This allows certain types of development to proceed without the need for a planning application to the local authority
The most commonly used permitted development rights relate to dwelling houses. The GPDO enables householders to undertake alterations, minor extensions, as well as erect buildings and structures within the curtilage of a property, without the need to make a planning application.
Schedule 2 of the GPDO specifies all the different types of permitted development rights and the various limitations which apply. The schedule is divided into different part, with each part relating to a particular category of development.
Limits on or Withdrawal of Permitted Development Rights
While the basic aim of permitted development rights is to allow minor development proposals to proceed with applying for permission but the scope of these rights is limited or controlled:
- Each part of Schedule 2 in the 2015 Order and its amendments 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 are subject to a condition requiring the prior approval of the local planning authority relating to specific aspects of the work
In addition permitted development rights can be removed in certain circumstances:
- 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, 77.74 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'.
Click the link below for further information on the need for permission