IMPORTANT: New Legislation – Amendments to Part 1 of the GPDO (30/05/2013) …

[UPDATE: The information on this page has subsequently been incorporated into the "GPDO Part 1 (All Classes) - 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 Part 1 of the GPDO. For a summary of the amendments to Other Parts of the GPDO, please view this post.

Introduction:

  • This summary is based upon the information provided by the above SI 2013 No. 1101 (pdf) (link), the DCLG draft guidance document that was published in May 2013 (pdf) (and subsequently updated in June 2013 (pdf) and June 2015 (pdf) (link)), and the government's "Summary of Responses" to the public consultation (pdf) (link).

Summary of the new Statutory Instrument 2013 No. 1101:

  • On 09/05/2013 the government published Statutory Instrument 2013 No. 1101, which is titled "The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013".
  • This SI comes into force on 30/05/2013, and amends Part 1 of the GPDO to allow (subject to prior approval) certain houses to erect larger single storey rear extensions during the 3 year period from 30/05/2013 to 30/05/2016. For such houses, the rear projection limits (for a single storey extension) are increased from 3m to 6m (attached houses) and from 4m to 8m (detached houses).
  • These increased limits do not apply to the following:
    - Article 1(5) land (e.g. conservation area, an AONB, a National Park, the Broads, a World Heritage Site, etc).
    - A Site of Special Scientific Interest (SSSI).
  • Before starting a larger rear extension, the developer must successfully complete the notification and prior approval process. The developer must notify the local authority by providing the following information:
    "- a) a written description of the proposed development including—
    --- (i) how far the enlarged part of the dwellinghouse extends beyond the rear wall of the original dwellinghouse;
    --- (ii) the maximum height of the enlarged part of the dwellinghouse; and
    --- (iii) the height of the eaves of the enlarged part of the dwellinghouse;
    -
    (b) a plan indicating the site and showing the proposed development;
    - (c) the addresses of any adjoining premises;
    - (d) the developer’s contact address; and
    - (e) the developer’s email address if the developer is content to receive communications electronically."
  • After receiving such a notification, the local authority must consult the adjoining premises, with a minimum consultation period of 21 days. The legislation sets out specific requirements as to the information that must be provided by the consultation letter, including a description of the length, maximum height, and eaves height of the extension.
  • If any of the owners or occupiers of the adjoining premises object to the proposed development, then "the prior approval of the local planning authority is required as to the impact of the proposed development on the amenity of any adjoining premises". To assess this impact, the local authority "may require the developer to submit such further information regarding the proposed development as the local planning authority may reasonably require in order to consider the impact of the proposed development on the amenity of any adjoining premises". When assessing this impact, the local authority needs to:
    "- (a) take into account any representations made as a result of the [consultation process]; and
    - (b) consider the amenity of all adjoining premises, not just adjoining premises which are the subject of representations."
  • The legislation states that the development shall not be begun before the occurrence of one of the following:
    "- (a) the receipt by the developer from the local planning authority of a written notice that their prior approval is not required;
    -
    (b) the receipt by the developer from the local planning authority of a written notice giving their prior approval;
    - (c) the expiry of 42 days following the date on which the information [required for the notification] was received by the local planning authority without the local planning authority notifying the developer as to whether prior approval is given or refused."
  • The legislation requires that any larger rear extension "shall be completed on or before 30th May 2016". Note: This requirement was subsequently amended on 15/04/2015 to change this date to 30/05/2019 - for further information, please view this post.
  • The legislation also requires that "the developer shall notify the local planning authority of the completion of the development as soon as reasonably practicable after completion" and states that this notification shall include:
    "- (a) the name of the developer;
    - (b) the address or location of the development, and
    - (c) the date of completion".
  • Note: For an extension that's not a larger rear extension, the developer does not need to notify the local authority. For example, if a developer wants to erect a 3m rear extension on an attached house or a 4m rear extension on a detached house, then they can simply undertake the works without involving the local authority, or they can choose to submit an optional application for an LDC.
  • Link to Statutory Instrument 2013 No. 1101: (pdf) (link).
  • Link to government press release: (link).

Summary of the new DCLG draft guidance document:

  • On 09/05/2013 DCLG published a draft guidance document titled "Larger Home Extensions - Neighbour Consultation Scheme".
  • This draft guidance document reiterates the procedures set out by the above Statutory Instrument 2013 No. 1101, and also provides the following additional information:
    - "The Householder Permitted Development: Technical Guidance will be fully updated once the secondary legislation has been approved by Parliament and has come into force".
    - "There is no fee in connection with this process [i.e. the process of notifing the local authority before starting works]".
    - "If approval is refused, the developer may appeal".
  • Link to "Larger Home Extensions - Neighbour Consultation Scheme" (May 2013): (pdf).
  • Link to "Larger Home Extensions - Neighbour Consultation Scheme" (Version 1.1) (June 2013): (pdf).
  • Link to "Larger Home Extensions - Neighbour Consultation Scheme" (Version 1.2) (June 2015): (pdf) (link).

Summary of the government's "Summary of Responses" to the public consultation:

  • On 09/05/2013 the government published its "Summary of Responses" to the public consultation that ran from 12/11/2012 to 24/12/2012.
  • The "Summary of Responses" document states that there were "1,178 responses received; 46% (547) were from individuals, 22% (254) from local authorities and 32% (377) from community and professional organisations and the voluntary sector".
  • With regards to Part 1 of the GPDO, the most relevant question within the public consultation was the following:
    - "Question 1: Do you agree that in non-protected areas the maximum depth for single-storey rear extensions should be increased to 8m for detached houses, and 6m for any other type of house?".
  • In relation to this question, the "Summary of Responses" document describes the response to the public consultation as follows:
    - "The majority of responses - 96% (1,136) - addressed this question. Of those, 15% (166) agreed with the proposal. These were mostly individuals: home owners who wish to use the new rights to improve their homes, in some cases avoiding the need to move to a larger home to meet their accommodation needs; as well as building or professional firms who agreed that the changes could generate additional work with less bureaucracy."
    - "Those who did not agree with the proposals commented on:
    --- potential impacts on neighbouring properties including blocking light and views, and the character of the area without neighbours having the opportunity to comment on or influence;
    --- increasing the size of extensions would allow property owners to create larger houses in multiple occupation without obtaining planning permission;
    --- other approvals, such as building regulations and water company consents, still being required;
    --- the scope for having a smaller increase in the maximum depth of extensions or a set back from neighbouring boundaries."
  • In relation to this question, the "Summary of Responses" document describes the "Government's Response" as follows:
    - "The Government understands the importance of ensuring that any impact of the changes on neighbours’ amenity is acceptable. Therefore, in taking forward the proposed increases in size thresholds, there will be a new neighbours’ consultation scheme which will address comments raised. This will enable adjoining neighbours to raise an objection to the local planning authority where they believe their amenity is unacceptably affected. It will then be for the authority to consider whether or not the impact on the amenity of neighbours is acceptable."
    - "The existing safeguards under planning and other regimes will remain in place, and the changes do not remove or weaken requirements under the Party Wall Act, building regulations, the common law right to light or environmental legislation. Amendments to the Technical Guidance for Householder Permitted Development will both take account of the increased maximum depth for rear extensions and clarify the limitation that not more than 50% of the curtilage can be built on."
  • Link to government's "Summary of Responses" document: (pdf) (link).

Other Sources of Information (and Background Documents):

  • November 2012: Extending permitted development rights for homeowners and businesses - Technical consultation (pdf) (link).
  • December 2012: The Committee's response to Government's consultation on permitted development rights for homeowners (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).