Permitted development rights offer some relief by providing an alternative planning route for development in limited circumstances. Where permitted development rights arise, planning permission is deemed to have been granted without the need to submit a planning application to the LPA.
Permitted development rights only apply to a handful of developments and they are subject to a number of exceptions, limitations and conditions. Where permitted development rights are the basis of planning permission for a development, it is important to be sure that permitted development rights do actually apply to the development.
Permitted development rights are regulated by the Town and Country Planning (General Permitted Development) Order 2015 (GDPO) and are granted in the following four situations, subject to exclusions.
The government has recently announced plans to open a consultation to introduce a new permitted development right. The proposed new right will allow property owners to extend buildings upwards which will see the GDPO be updated.
Where a development is permitted under the GDPO, the LPA may still retain control of planning permission being granted.
Relying on permitted development rights can be risky without appropriate advice. The potential consequences of getting it wrong are the LPA requiring a full planning application submission or, potentially, an injunction to stop works and return the development to its original state.