The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019

The above Statutory Instrument (SI) came into force on 25 May 2019.

The legislation can be found here

Summary

Part 1 Class A (Larger Home Extension): To enable further householders to benefit from a larger extension to their home without the need for a planning application, Regulation 4 amends Part 1 of Class A of Schedule 2 for the enlargement, improvement or alteration of a dwellinghouse (Class C3). The amendment removes the date by which the larger extension must be completed, thereby making the right permanent. Those with prior approval no longer have to complete the development by 30 May 2019, including where this is set out in a letter granting prior approval. Applicants are also not required to notify the Local Planning Authority that the development is complete.  Further information regarding Larger Home Extensions is available here.

For a property that benefits from permitted development rights, single storey extensions at the rear of a house can be built up to the following limits:

  1. Where the extension does not project more than eight metres beyond the rear wall of the original house on a detached property and six metres on any other type of property
  2. Where the extension does not exceed four metres in height
  3. Where the extension is within two metres of the boundary of the house, the eaves are not more than three metres in height
  4. The dwelling is not located in a Conservation Area or a Site of Special Scientific Interest (SSSI)

To benefit from the above allowances, the developer must send in a prior approval application before any work has started. The notification process requires information and plans to be submitted to the Council by the developer.  The Council will then consult with neighbours (occupiers or owners of adjoining premises) for a period of 24 days.  If an objection is received then the Council will assess the impact of the proposed extension on the amenity of the neighbours.  The Council may then either allow the development to go ahead or refuse approval. If the Council refuses the application then the applicant has a right of appeal.  A decision must be issued within 42 days from the date the Council receives the information.  If no objections are received, or if the Council fail to issue a decision with 42 days, then there will be a deemed approval. 

Larger home extension planning portal guidance and application forms are available here.

Part 2 Class E: This Class, which allows the installation, alteration, or replacement of an upstand and outlet for recharging electric vehicles, is amended to increase the height limit from 1.6m to 2.3m in the case of an upstand and outlet that is not "within the curtilage of a dwellinghouse or a block of flats".

Part 3 Class JA: This new Class allows a change of use from any of A1, A2, A5, "betting office", "pay day loan shop", or "launderette" to B1(a).

Part 3 Class M: This Class is amended so that it also allows a change of use (along with building operations) from A5 to C3.

Part 3 Class Q: This Class, which allows a change of use from an agricultural building to C3, is amended to prevent the allowance of a dwellinghouse with a floor space of more than 465m2.

Part 4 Class C: This Class, which allows the use of a site (i.e. a building and any land within its curtilage) as a temporary "state-funded school" for 2 academic years, is amended to set out that, during the period of temporary use, the site retains its previous use for the purposes of Part 3 Classes S and T.

Part 4 Class D: This Class, which allows a change of use from any of A1, A2, A3, A5, B1, D1, D2, "betting office", or "pay day loan shop" to a temporary "flexible use" (i.e. A1, A2, A3, or B1) for a single continuous period of up to 2 years, is amended so that:

(1) The temporary "flexible use" also includes D1(a), D1(d), D1(e), D1(f), or D1(g).

(2) The temporary "flexible use" is allowed for a single continuous period of up to 3 years.

Part 7 Class F: This Class, which allows the extension or alteration of an "office building" (i.e. B1(a)), is amended so that it does not apply to a building that was converted via the new Part 3 Class JA.

Part 7 Class G: This Class, which allows the provision of a hard surface within the curtilage of an "office building" (i.e. B1(a)), is amended so that it does not apply to a building that was converted via the new Part 3 Class JA.

Part 16 Class A: This Class, which allows certain works by, or on behalf of, an "electronic communications code operator", is amended so that it no longer allows the installation, alteration, or replacement of a public call box (i.e. a telephone kiosk).

References to the NPPF issued in February 2019: Within Part 3 paragraph W, Part 4 Class E, and Part 14 Class J, the references to the NPPF issued in March 2012 are replaced with references to the NPPF issued in February 2019.

The definition of "transport undertakers": This definition within article 2(1) of the GPDO is amended so that it includes any person authorised to carry on a road transport undertaking or a tramway undertaking

Advertisement Regulations 2007: These regulations are amended to remove the deemed consent for advertisements on telephone kiosks.

Compensation Regulations 2015: These regulations are amended to limit compensation liability where a Local Planning Authority withdraws permitted development rights under the new Part 3 Class JA by issuing an Article 4 Direction.