Changes to permitted development
Statutory Instrument 2013 No. 1101 introduces a number of significant changes to The Town and Country Planning (General Permitted Development) Order 1995 which came into effect on 30 May 2013. These amendments effectively grant consent for a range of developments which would therefore no longer require express planning permission. The changes are summarised here. The new prior notification arrangements for each type of application are summarised below:
Householder extensions
1. The developer notifies the council of the proposed extension;
2. The council notifies owners or occupiers of any adjoining premises and provides at least 21 days to make any representations;
3. Where no objections are received the development is permitted and can proceed;
4. Where objections are received from an owner or occupier of an adjoining premises the council is required to assess the impact of the extension on the amenity of all adjoining premises and shall either approve or refuse the application for prior approval within 6 weeks of receipt of the notification.
5. If the council do not determine the application for prior approval within 6 weeks the development is permitted development and can be carried out.
6. The extension shall be completed on or before 30 May 2016 and the developer shall notify the council of the completion as soon as reasonably practicable.
The regulations only provide for a letter to adjoining premises and only adjoining premises can object and trigger the need for prior approval. It will also not be possible to extend the 21 day period after sending out consultation letters as under the regulations after the consultation period notified in the original letters has expired and no representations have been received the development is permitted. Therefore representations received after the cut off date would not be taken into account.
Amendments in relation to change of use to residential or a state-funded schools
1. The developer applies to the council for a determination as to whether the prior approval of the authority is required;
2. The council consults certain statutory consultees (in relation to transport and highways and flood risk where relevant);
3. The council gives notice of the proposed development by site notice in at least one place on or near the land to which the application relates or by serving notice on any adjoining owner or occupier for not less than 21 days.
4. The council can require such information as necessary to assess the impacts and risk of the development and detail of how such impacts and risks will be mitigated.
5. The council is required to assess the impact of the development with regard to the matters in question only and shall either determine that prior approval is not required or approve or refuse the application for prior approval within eight weeks of receipt of the notification.
6. If the council do not determine the application for prior approval within eight weeks the development is permitted development and can be carried out.
The regulations require the council to give notice of the proposed development by site notice in at least one place on or near the land to which the application relates or by serving notice on any adjoining owner or occupier for not less than 21 days. This notice will be served by letter to adjoining properties (addressed to the owner or occupier) giving 21 days within which to respond. Given the tight timescales for determining prior notifications it will not be possible to extend this date (as is sometimes the case with planning applications) and representations received after the cut off date would not be taken into account.
