IMPORTANT: New Legislation – Amendments to Other Parts of the GPDO (25/06/2020 and 01/08/2020) …

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

The following 1 new Statutory Instrument (SI) comes into force on 25/06/2020 and 01/08/2020:

New Legislation:

  • June 2020 and August 2020: SI 2020 No. 632 - The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 (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.

Note: Within the above SI 2020 No. 632, regulations 20 and 21 (which relate to Parts 4 and 12 of the GPDO) come into force on 25/06/2020, and all of the other regulations come into force on 01/08/2020.

Short Summary:

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PART 3 CLASSES M, N, O, PA, AND Q - AMENDED PD RIGHTS (for various Classes that allow a change of use to C3) so that the developer needs to apply with respect to "the provision of adequate natural light":

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PART 4 CLASS BA - NEW PD RIGHTS for the additional temporary use of land for any purpose for up to 28 days during the 6 month period from 01/07/2020 to 31/12/2020:

  • Part 4 Class BA is a new Class (from 25/06/2020 onwards) that allows the temporary use of land, "in addition to that permitted by [Part 4] Class B", for any purpose for up to 28 days during the 6 month period from 01/07/2020 to 31/12/2020 ("the relevant period"), subject to various limitations, along with the provision of any moveable structure "for the purposes of the permitted use".
  • It appears that the intention behind this new Part 4 Class BA is to replicate the existing Part 4 Class B to increase the overall number of days on which land can be used for such purposes during "the relevant period". For example, the heading of this Class is "additional temporary use of land during the relevant period", and the "Explanatory Memorandum" (link) to SI 2020 No. 632 states the following:
    - "Under existing rights, developers can use their allowance of up to 28 days for any purpose, of which up to 14 days can be to hold a market or for motor car and motorcycle racing, under [Part 4 Class B]. Separately the new right in Class BA of Part 4 provides an additional allowance of 28 days for any purpose, of which up to 14 days can be to hold a market or for motor car and motorcycle racing, from 1st July 2020 to 31st December 2020. This effectively allows land to be used for any purpose without an application for planning permission for 56 days, of which 28 days can be to hold a market or for motorsports, until 31 December 2020, If the developer is also a local authority, then in addition to using their allowance under Class B and Class BA of Part 4 to use land any purpose, they can also use Class BA of Part 12 of Schedule 2 to hold a market for any number of days until 23rd March 2021.".
  • However, there appears to be a significant error with the drafting of the new Part 4 Class BA. The restrictions of the new Part 4 Class BA replicate those of the existing Part 4 Class B except for the following:
    - The existing Part 4 Class B states that "Development is not permitted by Class B if ... the land in question is a building or is within the curtilage of a building".
    - The new Part 4 Class BA states that "Development is not permitted by Class BA if ... the land in question is a building or is within the curtilage of a listed building".
  • In other words, the new Part 4 Class BA, unlike the existing Part 4 Class B, does not exclude land within the curtilage of a non-listed building.
  • Note: "the relevant period" for Part 4 Class BA (i.e. 01/07/2020 to 31/12/2020) is different from "the relevant period" for Part 4 Class DA (i.e. 24/03/2020 to 23/03/2021).

PART 12 CLASS BA - NEW PD RIGHTS for the temporary use of land for the purposes of "holding a market" by, or on behalf of, a local authority during the 9 month period from 25/06/2020 to 23/03/2021:

  • Part 12 Class BA is a new Class (from 25/06/2020 onwards) that allows the temporary use of land for the purposes of "holding a market" by, or on behalf of, a local authority during the 9 month period from 25/06/2020 to 23/03/2021, along with the provision of any moveable structure "for the permitted use".
  • This Class does not apply to the following:
    - Site of Special Scientific Interest (SSSI).
  • Note: The "Explanatory Memorandum" (link) to SI 2020 No. 632 states the following:
    - "Regulation 21 [of SI 2020 No. 632] amends Schedule 2 of the [GPDO 2015] by inserting a new [Part 12 Class BA] - holding of a market by or on behalf of a local authority. The new right allows a market to be held, by or on behalf of local authority on an unlimited number of days. It also allows the erection of moveable structures, such as stalls or awnings. The right is time-limited and will cease to have effect from 23rd March 2021.".

PART 20 CLASS A - NEW PD RIGHTS for the construction of up to two additional storeys of new dwellinghouses on top of a purpose-built detached block of flats:

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PART 20 PARAGRAPH B - Procedure for applications for prior approval under Part 20:

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PART 20 PARAGRAPH C - Interpretation of Part 20:

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GPDO (GENERAL) - Article 7 of the GPDO (reference to a "longer period" for applications for prior approval):

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GPDO (GENERAL) - The definition of a "dwellinghouse" (within article 2(1) of the GPDO):

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GPDO (GENERAL) - The definition of a "flat" (within article 2(1) of the GPDO):

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COMPENSATION REGULATIONS 2015 - Limiting compensation liability where an LPA withdraws PD rights under Part 20 by issuing an article 4 direction:

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ADVERTISEMENT REGULATIONS 2007 - The definitions of "electronic communications apparatus", "electronic communications service", and "telephone kiosk":

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GPDO (GENERAL) - CURRENT PROPOSALS for NEW PD RIGHTS for extending buildings upwards to create additional new homes, or to enlarge an existing home:

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Other Notes:

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Other Sources of Information:

  • October 2018: Planning Reform - Supporting the high street and increasing the delivery of new homes (pdf) (link).
    - Note: For more information about the above document, please view this post.
  • March 2019: Written statement to Parliament by James Brokenshire MP (link).
    - Note: For more information about the above document, please view this post.
  • May 2019: Government response to consultation on Planning Reform - Supporting the high street and increasing the delivery of new homes (May 2019) (pdf) (link)
    - Note: For more information about the above document, please view this post.
  • March 2020: Planning for the Future - Policy Paper (pdf) (link)
    - Note: For more information about the above document, please view this post.
  • June 2020: "Explanatory Memorandum" to SI 2020 No. 632 (pdf) (link).

Updates to the Planning Jungle website: