Explanatory note
England and Wales As made
(This note is not part of the Order)
This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) (“the GPDO”). The GPDO provides, for the purposes of section 59 of the Town and Country Planning Act 1990 (c. 8), for the granting of permission for certain classes of development without the requirement for a planning application to be made under Part 3 of that Act. This Order also makes consequential amendments to the Town and Country Planning (Compensation) (England) Regulations 2015 and makes transitional provision.
Article 3 substitutes Class Q (agricultural buildings to dwellinghouses) of Part 3 (changes of use) of Schedule 2 to the GPDO with Class Q (agricultural buildings and former agricultural buildings to dwellinghouses) to—
remove the requirement for an agricultural building which is part of an established agricultural unit to have been used solely for an agricultural use in order to carry out permitted development under Class Q,
allow the change of use to a dwellinghouse, together with works to facilitate the change of use and the erection of an extension, of buildings that have not been used for any non-agricultural purpose since ceasing to be part of an established agricultural unit,
replace the separate floor space limits on larger and smaller dwellinghouses with a single floor space limit applying to all dwellinghouses,
increase the cumulative floor space that may be developed,
increase the cumulative number of separate dwellinghouses that may be developed,
allow a small increase in the external dimensions of an existing building to accommodate permitted building operations,
allow a single-storey rear extension of a building as part of the change of use to a dwellinghouse,
provide that only buildings of a pre-development size that is capable of complying with the nationally described space standard may be converted to dwellinghouses and extended, and
prohibit a building without an existing suitable access to a public highway from being developed.
Article 4 amends Class R (agricultural buildings to a flexible commercial use) of Part 3 of Schedule 2 to the GPDO to expand the range of commercial purposes for which agricultural buildings and land within their curtilage may be used. It also increases the cumulative floor space of buildings that may change use under Class R.
Article 5 amends paragraph W (procedure for applications for prior approval under Part 3) of Part 3 of Schedule 2 to the GPDO to reflect the amendments made to Class Q of Part 3.
Article 6 amends paragraph X (interpretation of Part 3) of Part 3 of Schedule 2 to the GPDO to make a consequential amendment to the definition of “curtilage”.
Article 7 amends Class A (agricultural development on units of 5 hectares or more) of Part 6 (agricultural and forestry) of Schedule 2 to the GPDO to prohibit the development of a scheduled monument and increase the ground area that may be covered by any building erected, extended or altered by virtue of Class A.
Article 8 amends Class B (agricultural development on units of less than 5 hectares) of Part 6 of Schedule 2 to the GPDO to prohibit the development of a scheduled monument and increase the permitted cubic content and ground area of an extension to an agricultural building.
Article 9 amends the Town and Country Planning (Compensation) (England) Regulations 2015 to add Classes A and B of Part 6 of Schedule 2 to the GPDO to the list of development prescribed for the purposes of subsections (2A)(a) and (3C)(a) of section 108 (compensation where planning permission granted by development order is withdrawn) of the Town and Country Planning Act 1990.
Article 10 makes transitional provision.
An Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.