KubitDocs · Legislation

The Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596) — Schedule 2 Part 1 (development within the curtilage of a dwellinghouse)

Provisions the documents cite: art 2(1) (dwellinghouse excludes a building containing one or more flats and a flat within such a building, except in Part 3, Part 11 Class B, Part 12A and Part 20; flat), art 3(1)–(2), (4), (5) (planning permission granted for Schedule 2 classes, subject to their exceptions, limitations and conditions; not contrary to a condition of a planning permission; not where the existing building or use is unlawful), art 4(1)–(4) (directions restricting permitted development), Schedule 2 Part 1 Class A (enlargement, improvement or other alteration: A.1–A.3 and A.4(1)–(2)(c)), Classes B–H by heading, Part 1 interpretation

What it requires

Planning permission is granted for the classes of development described as permitted development in Schedule 2, subject to any relevant exception, limitation or condition specified there (art 3(1)–(2)). Schedule 2 Part 1 covers development within the curtilage of a dwellinghouse: Class A (enlargement, improvement or other alteration of a dwellinghouse), Class B (additions etc to the roof), Class C (other alterations to the roof), Class D (porches), Class E (buildings etc incidental to the enjoyment of a dwellinghouse), Class F (hard surfaces), Class G (chimneys, flues etc) and Class H (microwave antenna); the Part 1 interpretation also refers to Class AA (enlargement of a dwellinghouse by construction of additional storeys). In the Order "dwellinghouse" — except in Part 3, Part 11 Class B, Part 12A and Part 20 of Schedule 2 — does not include a building containing one or more flats, or a flat contained within such a building (art 2(1)), so Part 1 permitted development rights are not available for flats or buildings containing flats. Nothing in the Order permits development contrary to any condition imposed by a planning permission granted otherwise than by the Order (art 3(4)), and the permission does not apply where the existing building was built unlawfully or the existing use is unlawful (art 3(5)). The Secretary of State or the local planning authority may make a direction under article 4 that the permission granted by article 3 does not apply to all or any development of a Part, Class or paragraph in a specified area, or to particular specified development, so that a planning application is needed (art 4(1)), subject to art 4(2) and the Schedule 3 procedure. Class A is not permitted where, among other things, buildings other than the original dwellinghouse would cover more than half the curtilage; the enlarged part would be higher than the highest part of the existing roof or have higher eaves; it would extend beyond the principal elevation, or a side elevation fronting a highway; a single-storey rear extension would extend beyond the rear wall by more than 4 metres (detached) or 3 metres (other), or exceed 4 metres in height, unless A.1(g) and the prior-information procedure in A.4 apply (up to 8 metres or 6 metres); an extension of more than one storey would extend beyond the rear wall by more than 3 metres or be within 7 metres of the opposite rear boundary; eaves within 2 metres of the boundary would exceed 3 metres; a side extension would exceed 4 metres in height, have more than one storey or be wider than half the original house; or it would include a verandah, balcony or raised platform, a microwave antenna, a chimney, flue or soil and vent pipe, or an alteration to the roof (A.1); on article 2(3) land further restrictions apply, including no cladding, no side extensions and no rear extensions of more than one storey (A.2); and exterior materials must be of similar appearance, side upper-floor windows obscure-glazed and non-opening below 1.7 metres, and roof pitch matched where practicable (A.3). The limits in A.1(g) and A.4, the other classes' limits and conditions, and the meaning of article 2(3) land were not read in full and must be checked in the Order before any figure beyond those above is printed. The Order applies in England; Wales has its own order (register entry gpdo-1995-wales).

The instrument itself: https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/1. The summary above is our plain-English reading, not the text of the instrument — always work from the source.

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