Permitted Development Rights

Microgeneration permitted development rules due in April 2008.

The government has laid the Statutory Instrument in Parliament which will mean microgeneration systems like ground source heat pumps and solar panels will become permitted development and no longer require planning consent.

Size limitations have been set to reduce impact on neighbours. At this stage the amendment allows for the installation of solar photovoltaics (PV), solar thermal, ground and water source heat pumps, biomass heating and combined heat and power systems on or within the curtilage of the dwelling house.

Later in the year permitted development rights will be extended to free-standing and building-mounted wind turbines on detached properties and air sourced heat pumps. Clearance is needed from the European Commission.

The current revisions came into effect on 6 April 2008. Read the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2008 here.

Permitted Development Rights

Permitted development rights are provided by Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (the GPDO). This allows certain types of development to proceed without the need for planning permission.

The most commonly used permitted development rights relate to dwelling houses. The GPDO permits householders to undertake alterations, minor extensions as well as erect buildings and structures within the curtilage of a property, without planning permission.

Schedule 2 of the GPDO specifies all the different types of permitted development rights and the various limitations which apply. The current schedule is divided into 33 parts, listed on the bottom half of this page. Each part relates to a particular category of development.

Limits on or Withdrawal of Permitted Development Rights

While the basic aim of permitted development rights is to exclude relatively minor development proposals from planning controls, the scope of these rights are, and can be controlled by the following measures:

• Each part of Schedule 2 of the GPDO contains a number of detailed limitations on what specifically constitutes permitted development. These rights are more restrictive in the case of Listed Buildings, Conservation Areas, National Parks and Areas of Outstanding Natural Beauty.
• Most forms of development which require an Environmental Impact Assessment (EIA) are exempt from permitted development rights.
• Certain types of permitted development relating to agriculture and telecommunications apparatus are subject to a condition requiring the prior approval of the local planning authority to the siting and appearance of these works.
• When granting planning permission for a particular development , local authorities can, by condition, remove permitted development rights.
• Under Article 4 of the GDPO, local authorities can serve a direction which has the effect of removing specified permitted development rights from a particular area. The areas within North Norfolk subject to Article 4 Directions are listed in this Local Plan document.

More information on what types of development require planning permission and what constitutes 'permitted development' can be found on the Planning Portal 'Permission Needed?' pages.

If you are unsure as to whether your proposal requires planning permission you are advised to contact us:
- - - Telephone: 01263 516143 / 516151 / 516150
- - - E-mail: planning@north-norfolk.gov.uk
- - - The Contact Us link at the top of the page
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It may be that you will be asked to provide suitable plans in order that we can decide whether you do need planning permission.