Category Archives: Part 1 of the GPDO – Summary of Amendments since 2013

IMPORTANT: The government publishes a consultation (until 07/06/2023) relating to the Use Classes Order and the GPDO …

The government has published the following consultation, which runs for 8 weeks from 12/04/2023 until 07/06/2023: Continue reading

High Court judgment about the scope of the prior approval matters (the “impact on the amenity of any adjoining premises” and the “external appearance of the dwellinghouse”) within Part 1 Class AA (and Part 20 Classes ZA, A, AA, AB, AC, and AD) of the GPDO (03/02/2022) …

[UPDATE: For information about the subsequent "Cab Housing Limited" Court of Appeal judgment dated 23/02/2023, which upheld the below "Cab Housing Limited" High Court judgment dated 03/02/2022, please view the free-to-view transcript on the Bailii.org website (link).]

Introduction:

The following High Court judgment about the scope of the prior approval matters (the "impact on the amenity of any adjoining premises" and the "external appearance of the dwellinghouse") within Part 1 Class AA of the GPDO was handed down on 03/02/2022: Continue reading

The government publishes its response to the consultation (until 03/06/2021) relating to PD rights …

[NOTE: For the (previously published) legislation relating to this consultation, please view this post and this post.]

The government has published the following response to the consultation titled "Technical consultation on consequential changes to permitted development rights" (which ran for 3 weeks from 13/05/2021 until 03/06/2021): Continue reading

IMPORTANT: New Legislation – Amendments to Part 1 of the GPDO (11/01/2022) …

[UPDATE: The information on this page has subsequently been incorporated into the "Part 1 of the GPDO – Summary of Amendments since 2013" page].

The following 1 new Statutory Instrument (SI) comes into force on 11/01/2022: Continue reading

IMPORTANT: New Legislation – Amendments to Part 1 of the GPDO (01/08/2021) …

[UPDATE: The information on this page has subsequently been incorporated into the "Part 1 of the GPDO – Summary of Amendments since 2013" page].

[UPDATE: For the subsequent government response to the consultation relating to this legislation (which was published after this legislation), please view this post.]

The following 1 new Statutory Instrument (SI) comes into force on 01/08/2021: Continue reading

IMPORTANT: The government publishes a consultation (until 03/06/2021) relating to PD rights …

[UPDATE: For the subsequent legislation relating to this consultation, please view this post, and this post.]

[UPDATE: For the subsequent government response to this consultation (which was published after the above legislation), please view this post.]

The government has published the following consultation, which runs for 3 weeks from 13/05/2021 until 03/06/2021: Continue reading

IMPORTANT: New Legislation – Amendments to Part 1 of the GPDO (21/04/2021) …

[UPDATE: The information on this page has subsequently been incorporated into the "Part 1 of the GPDO – Summary of Amendments since 2013" page].

The following 1 new Statutory Instrument (SI) comes into force on 21/04/2021: Continue reading

The claim (by “Rights : Community : Action”) for judicial review of the recent amendments to the GPDO 2015 and the Use Classes Order 1987 has been dismissed …

In August 2020, "Rights : Community : Action" submitted an application for permission to apply for judicial review of the recent amendments to the GPDO 2015 and the Use Classes Order 1987.  For reference, this consists of the amendments to the GPDO 2015 made by SI 2020 No. 755 and SI 2020 No. 756 (which came into force on 31/08/2020) and the amendments to the Use Classes Order 1987 made by SI 2020 No. 757 (which came in force on 01/09/2020).

The claim for judicial review was heard by the High Court in October 2020, and was dismissed by a judgment that was handed down on 17/11/2020.

For more information about this judicial review, please view this page on the "Rights : Community : Action" website (which includes a link to the transcript of the judgment on the Bailii.org website). "Rights : Community : Action" states that it intends to appeal.

Update: The transcript for the above High Court judgment is available as a free-to-view transcript on the Bailii.org website (link).

Update: The transcript for the subsequent Court of Appeal judgment is available as a free-to-view transcript on the Bailii.org website (link)

An application has been submitted (by the “Rights : Community : Action” group) for permission to apply for judicial review of the recent amendments to the GPDO 2015 and the Use Classes Order 1987 …

[UPDATE: The claim for judicial review was subsequently dismissed by a judgment that was handed down on 17/11/2020 - for more information, please view this post.]

An application has been submitted for permission to apply for judicial review of the recent amendments to the GPDO 2015 and the Use Classes Order 1987.  For reference, this consists of the amendments to the GPDO 2015 made by SI 2020 No. 755 and SI 2020 No. 756 (due to come into force on 31/08/2020) and the amendments to the Use Classes Order 1987 made by SI 2020 No. 757 (due to come in force on 01/09/2020).

For more information about this judicial review, please view this post on Martin Goodall's "Planning Law Blog".

MHCLG publishes its “Planning Update Newsletter” (July 2020) …

The Ministry of Housing, Communities and Local Government (MHCLG) has published the following "Planning Update Newsletter": Continue reading

IMPORTANT: New Legislation – Amendments to Part 1 of the GPDO (31/08/2020) …

[UPDATE: The information on this page has subsequently been incorporated into the "Part 1 of the GPDO – Summary of Amendments since 2013" page].

The following 2 new Statutory Instruments (SIs) come into force on 31/08/2020 (at 9am and 10am respectively): Continue reading

IMPORTANT: New Legislation – Amendments to Part 1 of the GPDO (01/08/2020) …

[UPDATE: The information on this page has subsequently been incorporated into the "Part 1 of the GPDO – Summary of Amendments since 2013" page].

The following 1 new Statutory Instrument (SI) comes into force on 01/08/2020: Continue reading

The government states its intention to make further changes to the planning system, including PD rights …

[UPDATE: For the subsequent legislation relating to this consultation, please view the following posts:
- This post and this post for the legislation relating to Part 1 of the GPDO.
- This post and this post for the legislation relating to Other Parts of the GPDO.]

[UPDATE: For the subsequent "Planning for the Future - White Paper", please view this post.]

[UPDATE: For the subsequent "Changes to the current planning system - Consultation on changes to planning policy and regulations", please view this post.]

The government has published the following policy paper, which sets out the government's intention to make further changes to the planning system, including permitted development rights: Continue reading

IMPORTANT: MHCLG has updated its “Permitted development rights for householders – Technical Guidance” document (September 2019) …

[NOTE: For other updates to the "Technical Guidance" document, please view the following posts:
- This post for the January 2013 updates.
- This post and this post for the October 2013 updates.
- This post for the April 2014 updates.
- This post for the April 2016 updates.
- This post for the April 2017 updates.
- This post for the September 2019 updates.]

Introduction:

The Ministry of Housing, Communities and Local Government (MHCLG) has updated its "Permitted development rights for householders - Technical Guidance" document (note: this document provides advice relating to Part 1 of the GPDO). As such, the current and previous versions of the "Technical Guidance" document are now as follows: Continue reading

IMPORTANT: There appears to be a potential pitfall with the fee for an application for prior approval under Part 1 Class A of the GPDO …

[UPDATE: On 01/08/2020, this potential pitfall was removed by SI 2020 No. 632 (note: for more information, please view this post)].

Introduction:

From 19/08/2019 onwards, an application for prior approval under Part 1 Class A of the GPDO (i.e. for a larger rear extension) will be subject to a fee of £96. However, when the Fees Regulations 2012 were amended to introduce this fee, a corresponding amendment was not made to the GPDO 2015.

As a result, it appears that if an LPA receives an application that complies with the requirements of Part 1 Class A paragraph A.4(2) of the GPDO, but the fee has not been paid, then the LPA should not invalidate the application on this basis. Furthermore, if the LPA receives the information specified by paragraph A.4(2) on a certain date, and then receives the fee on a later date, then the LPA should start the 42 day period based on the former date. Continue reading

IMPORTANT: New Legislation – Amendments to Part 1 of the GPDO (25/05/2019) …

[UPDATE: The information on this page has subsequently been incorporated into the "Part 1 of the GPDO – Summary of Amendments since 2013" page].

The following 1 new Statutory Instrument (SI) comes into force on 25/05/2019: Continue reading

IMPORTANT: The government publishes its response to the “Planning Reform …” consultation …

[UPDATE: For the subsequent legislation relating to this consultation, please view the following posts:
- This post, this post, and this post for the legislation relating to Part 1 of the GPDO.
- This post, this post, and this post for the legislation relating to Other Parts of the GPDO.
- This post and this post for the legislation relating to the Advertisement Regulations 2007.
- This post, this post, and this post for the legislation relating to the Fees Regulations 2012.
- This post for the legislation relating to the Use Classes Order 1987.]

The government has published the following response to the consultation titled "Planning Reform - Supporting the high street and increasing the delivery of new homes" (which ran for 11 weeks from 29/10/2018 until 14/01/2019): Continue reading

IMPORTANT: The government states its intention to proceed with most of the proposals within the recent “Planning Reform …” consultation …

[UPDATE: For the subsequent government response to this consultation, please view this post.]

James Brokenshire MP (Secretary of State for MHCLG) has made the following written statement to Parliament, which states the government's intention to proceed with most of the proposals within the recent "Planning Reform ..." consultation: Continue reading