The Town and Country Planning (General Permitted Development) Order 2015 and Town and Country Planning (Development Management Procedure) Order 2015 will both come into force on 15 April, replacing the GPDO 1995 and DMPO 2010 respectively. The new legislation will consolidate the existing law on permitted development rights and development management procedure and introduce some further changes.
The changes introduced by the GPDO 2015 include new permitted development rights for works to domestic and non-domestic properties and for the following changes of use:
- the change from class A1 (retail) or A2 (financial and professional services) use or use as a betting office, pay day loan shop or casino to class A3 (restaurants and cafes);
- the change from class A1 use, or use as a betting office to class A2;
- the change from class A1 use or use as a betting office or pay day loan shop to class D2 (assembly and leisure);
- the change from a use as a casino or amusement arcade to class C3 (dwellinghouse);
- the change from class B8 (storage and distribution) use to class C3.
Notably, the GPDO 2015 does not extend the time limit for conversions of offices to dwelling houses: the legislation still requires such conversions to be completed by 30 May 2016. However, the government said that it will “further consider the case for extending the office to residential reforms, which are helping to provide more new homes on brownfield land”.
The changes introduced by DMPO 2015 include:
- clarification of the information required when making an application under a planning condition;
- a new procedure to be followed by an applicant if the LPA fails to determine an application under a planning condition in time, allowing the applicant to rely on deemed discharge of the condition (unless it is an exempted condition);
- a requirement for LPAs to specify a reason for imposing any planning condition that requires a particular matter to be dealt with prior to commencing development;
- amendments to the consultation requirements for certain types of planning applications; and
- a requirement to notify a railway infrastructure manager when a proposed development is within ten metres of railway land.