IMPORTANT: New Legislation – Amendments to Other Parts of the GPDO (30/05/2013) …

[UPDATE: The information on this page has subsequently been incorporated into the "Other Parts of the GPDO – Summary of Amendments since 2013" page].

The following 1 new Statutory Instrument (SI) comes into force on 30/05/2013:

New Legislation:

  • May 2013: SI 2013 No. 1101 - The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 (pdf) (link).

Note: This post provides a summary of the amendments to Other Parts of the GPDO. For a summary of the amendments to Part 1 of the GPDO, please view this post.

ARTICLE 1(6A) LAND:

  • Article 1(6A) land: This is defined by a new Schedule 1 Part 4, and consists of designated areas within a total of 17 different local authorities. The maps for these designated areas can be viewed on the government website (www.gov.uk) via this link.
  • Note: The new Part 3 Class J, which allows a change of use from B1(a) to C3, does not apply to properties on "article 1(6A) land".

PART 2 (Minor operations):

  • Part 2 Class A: This Class has been amended to allow a "school" to erect a gate, fence, wall or means of enclosure up to a height of 2m (above ground level) adjacent to a highway used by vehicular traffic, albeit so long as "any part of the gate, fence, wall or means of enclosure which is more than one metre above ground level does not create an obstruction to the view of persons using the highway as to be likely to cause danger to such persons". Note: The latter restriction was already set out by article 3(6) of the GPDO.
  • The definition of "school" within the new paragraph A.2 ("Interpretation of Class A") sets out that it includes a temporary "state-funded school" that was converted via Part 4 Class C.

PART 3 (Changes of use):

  • Part 3 Class B: For a change of use from B1 to B8, from B2 to B8, or from B8 to B1, the floor space limit is increased from 235m2 to 500m2.
  • Part 3 Class J: This new Class allows a change of use from B1(a) to C3, so long as 1) the building is not on "article 1(6A) land", 2) the building was used as B1(a) immediately before 30/05/2013 or (if not in use immediately before that date) when it was last in use, and 3) the use of the building within C3 begins on or before 30/05/2016.
    - There are further exclusions (see "Note 1").
    - The developer needs to apply to the local authority (see "Note 2") with respect to transport and highways impacts, contamination risks, and flooding risks.
  • Part 3 Class K: This new Class allows a change of use from any of B1, C1, C2, C2A, or D2 to a "state-funded school" (which includes an Academy school).
    - There are further exclusions (see "Note 1").
    - The developer needs to apply to the local authority (see "Note 2") with respect to transport and highways impacts, noise impacts, and contamination risks.
    - This class is subject to a condition stating that the resulting site must be used as a "state-funded school" and for no other purpose.
  • Part 3 Class L: This new Class allows a change of use from a "state-funded school" permitted by Part 3 Class K to the "previous lawful use of the land".
  • Part 3 Class M: This new Class allows a change of use from an agricultural building to a "flexible use" (i.e. A1, A2, A3, B1, B8, C1, or D2), so long as 1) the building has been solely in agricultural use since 03/07/2012 or (for buildings first brought into use after that date) for 10 years, and 2) subject to a cumulative floor space limit of 500m2.
    - There are further exclusions (see "Note 1").
    - In the case where the cumulative floor space is 0m2-150m2, the developer needs to notify the local authority before the change of use.
    - In the case where the cumulative floor space is 150-500m2, the developer needs to apply to the local authority (see "Note 2") with respect to transport and highways impacts, noise impacts, contamination risks, and flooding risks.
    - Subject to repeating the above process, the site may subsequently change from one "flexible use" to another "flexible use".
    - For the purposes of the GPDO 1995 and the UCO 1987, the "flexible use" is treated as a "sui generis use", although a specific provision allows the resulting building to benefit from Part 41 Class B, which allows hard surfaces within the curtilage of an office building.
    - The "flexible use" list for Part 3 Class M is different to the temporary "flexible use" list for Part 4 Class D.
  • Note 1: This Class does not apply to a listed building, scheduled monument, safety hazard area, or military explosives storage area.
  • Note 2: Before starting the development, the developer must successfully complete the prior approval process. The developer needs to apply to the local authority "for a determination as to whether the prior approval of the authority will be required" with respect to the issues specified within the above summary. The details of this procedure are set out by Part 3 paragraph N, which sets out that this type of application is subject to a deadline of 56 days (i.e. 8 weeks). The "Explanatory Memorandum" states that the Fees Regulations 2012 will be amended to introduce a fee for this type of application.

PART 4 (Temporary buildings and uses):

  • Part 4 Class C: This new Class allows the use of a site (i.e. a building and any land within its curtilage) as a temporary "state-funded school" (which includes an Academy school) for a single academic year, so long as 1) the site is not in a "sui generis" use, 2) the use as a state-funded school is approved by the Secretary of State for Education, 3) the latter Minister notifies the local authority, and 4) this Class can not be used more than once for a particular site.
    - There are further exclusions (see "Note 1").
    - This Class is subject to a condition stating that the resulting site must be used as a "state-funded school" and for no other purpose.
  • Part 4 Class D: This new Class allows a change of use from any of A1, A2, A3, A4, A5, B1, D1, or D2 to a temporary "flexible use" (i.e. A1, A2, A3, or B1) for a single continuous period of up to 2 years, so long as 1) this Class can not be used more than once for a particular site, and 2) subject to a floor space limit of 150m2.
    - There are further exclusions (see "Note 1").
    - The developer needs to notify the local authority before the use begins.
    - Subject to repeating the above process, the site may subsequently change from one temporary "flexible use" to another temporary "flexible use" during the above 2 year period.
    - For the purposes of the GPDO 1995 and the UCO 1987, the temporary "flexible use" is treated as the previous lawful use of the site.
    - The "flexible use" list for Part 3 Class M is different to the temporary "flexible use" list for Part 4 Class D.
  • Note 1: This Class does not apply to a listed building, scheduled monument, safety hazard area, or military explosives storage area.

PART 8 (Industrial and warehouse development):

  • Part 8 Class A: This Class has been amended to allow certain sites to erect larger new buildings and extensions during the 3 year period from 30/05/2013 to 30/05/2016. For such sites, the floor space limit for any new building is increased from 100m2 to 200m2, and the overall floor space limit for all works (i.e. new buildings and extensions) is increased from 25% to 50% (albeit that the latter still remains subject to a maximum of 1,000m2). These increased limits do not apply to development on article 1(5) land or on a site of special scientific interest (SSSI).
  • The development needs to be completed on or before 30/05/2016, and the developer needs to notify the local authority after completion.

PART 24 (Development by electronic communications code operators):

  • Part 24 Class A: This Class has been amended to remove the requirement for the developer to apply to the local authority (i.e. with respect to siting and appearance) for development on article 1(5) land consisting of the construction, installation, alteration or replacement of a telegraph pole, cabinet, or line, in connection with the provision of fixed-line broadband, so long as the development is completed on or before 30/05/2018.

PART 32 (Schools, colleges, universities and hospitals):

  • Part 32: The definition of "school" within paragraph C ("Interpretation of Part 32") has been amended to set out that it includes a temporary "state-funded school" that was converted via Part 4 Class C.

PART 41 (Office buildings):

  • Part 41 Class A: This Class has been amended to allow certain sites to erect larger extensions during the 3 year period from 30/05/2013 to 30/05/2016. For such sites, the overall floor space limit for all extensions is increased from 25% to 50% and from 50m2 to 100m2 (whichever is lesser). These increased limits do not apply to a building on a site of special scientific interest (SSSI).
  • The development needs to be completed on or before 30/05/2016, and the developer needs to notify the local authority after completion.

PART 42 (Shops or catering, financial or professional services establishments):

  • Part 42 Class A: This Class has been amended to allow certain sites to erect larger extensions during the 3 year period from 30/05/2013 to 30/05/2016. For such sites, the overall floor space limit for all extensions is increased from 25% to 50% and from 50m2 to 100m2 (whichever is lesser). These increased limits do not apply to a building on a site of special scientific interest (SSSI).
  • Furthermore, during the above 3 year period, the restriction against extensions being within 2m of a boundary no longer applies, so long as 1) the site doesn't adjoin a site within Class C of the UCO 1987, 2) the development is not on article 1(5) land, and 3) the development is not on a site of special scientific interest (SSSI).
  • For both of the above, the development needs to be completed on or before 30/05/2016, and the developer needs to notify the local authority after completion
  • Note: Although the overall Part 42 applies to A1, A2, A3, A4, and A5 properties, Part 42 Class A only applies to A1 and A2 properties.

Other Sources of Information (and Background Documents):

  • October 2010: Planning for schools development - Consultation (pdf) (link).
  • August 2011: Planning for schools development - consultation - Summary of responses (pdf) (link).
  • April 2011: Relaxation of planning rules for change of use from commercial to residential - Consultation (pdf) (link).
  • July 2012: Relaxation of planning rules for change of use from commercial to residential - Summary of consultation responses and the Government’s response to the consultation (pdf) (link).
  • July 2012: New opportunities for sustainable development and growth through the reuse of existing buildings - Consultation (pdf) (link).
  • November 2012: Extending permitted development rights for homeowners and businesses - Technical consultation (pdf) (link).
  • January 2013: Letter from DCLG to Chief Planning Officers about Part 3 Class J of the GPDO (pdf) (link).
  • May 2013: New opportunities for sustainable development and growth through the reuse of existing buildings - Summary of responses (May 2013) (pdf) (link).
  • May 2013: Extending permitted development rights for homeowners and businesses - Technical consultation - Summary of responses (pdf) (link).
  • May 2013: Extending permitted development rights for homeowners and businesses - Impact assessment (pdf) (link).
  • May 2013: Explanatory Memorandum to SI 2013 No. 1101 (pdf) (link).
  • May 2013: Areas exempt from office to residential change of use permitted development right 2013 (link).