Permitted development rights and the prior approval system
Permitted development rights and the prior approval system

The following Planning guidance note provides comprehensive and up to date legal information covering:

  • Permitted development rights and the prior approval system
  • Permitted development rights
  • Need for prior approval
  • What types of development require prior approval?
  • Procedural requirements of prior approval applications
  • No prior approval for development already begun
  • Time limit for determination
  • Prior approval cannot override scope of permitted development
  • Decision
  • Conditions
  • more

Permitted development rights

Section 57(1) of the Town and Country Planning Act 1990 (TCPA 1990) establishes that planning permission is required for the carrying out of any development of land. ‘Development’ is defined in TCPA 1990, s 55 as comprising:

  1. operations affecting land (see Practice Note: Operational development), and

  2. changes of use of land (see Practice Note: Material change of use)

TCPA 1990, s 58(1)(a) provides that planning permission may be granted by a ‘development order’.

The Town and Country Planning (General Permitted Development) (England) Order, SI 2015/596 (in England) (the English GPDO) and the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (in Wales) (the Welsh GPDO) (together ‘the GPDO’) are development order for these purposes. The GPDO sets out permitted development rights (PD rights), which are a national grant of planning permission through such a development order, which allow specified operational development and changes of use to be carried out without having to make a planning application to the local planning authority (LPA). See Practice Notes: Permitted development in England and Permitted development in Wales.

TCPA 1990, s 60(1) provides that planning permission granted by development order can be granted either unconditionally or subject to such conditions or limitations as may be specified in the GPDO. Each PD right set out in the GPDO is