New Permitted Development Rights

The 2015 GDPO consolidates previous legislation and introduces new measures designed primarily to increase the housing supply and to support businesses on the high street in the form of a greater number of more flexible permitted development rights, particularly in relation to changes of use.

The Town and Country Planning (General Permitted Development) (England) Order 2015 which came into force on 15 April 2015 consolidates the previous GDPO 1995 and its subsequent 22 amending instruments and introduces a number of new permitted development rights (deemed planning permissions for works or changes of use that would otherwise require express planning permission.)

In an effort to increase housing supply, new PD rights are now available in respect of a change of use from storage or distribution buildings (B8) to residential (C3) for up to 500 sq m of floor space within a three year period and a change of use from amusement arcades/centres and casinos (sui generis) to residential (C3) for up to 150 sq m of floor space. Both changes are subject to the prior approval process.

To support high streets, new PD rights are available in respect of changes of use from shops (A1), financial and professional services (A2) and betting offices and pay day loan shops (now sui generis) to restaurants and cafes (A3) and also for 200 sq m of A1 or A2 use to assembly and leisure uses (D2) as well as changes between A1 and A2 uses.

Retailers will also now be able to erect click and collect facilities on their premises without the need for planning permission (subject to limitations) and increase the size of their existing shop loading bay by up to 20% subject to prior approval.

Also of interest are new PD rights in respect of changes of use between dwellinghouses (C3) and Homes in Multiple Occupation (C4).

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