| Research on the General Permitted Development Order & Related Mechanisms School of Planning & Housing
Edinburgh College of Art/Heriot-Watt University
and Brodies WS and Halliday Fraser Munro Planning | The research was commissioned by The Scottish Office to review elements of the General Permitted Development Order (GPDO). In particular the research was to explore the possibility of securing a fundamental shift towards an increase in permitted development where it is judged that excessive controls currently exist and where the benefits to amenity and the public might be better served by focusing development control attention elsewhere. |
Main Findings on the General Scope of Permitted Development - There is general satisfaction with the current extent and scope of permitted development, but there is a need to improve the user-friendliness of the GPDO, the language used, and to remove anomalies between classes.
- Although the GPDO seeks to simplify the development control system by identifying 72 classes of development exempt from planning control it is paradoxically a very complicated document.
Background Permitted Development Permitted development and related approaches have been devised to exclude from planning controls minor development proposals which would generally have received planning permission, had an application been required. In so doing, the scope of permitted development reduces the volume of development proposals submitted for planning permission, associated burdens on developers and planning authorities, thus assisting efficient development control without causing harm to amenity. However, minor development can have a significant environmental impact in protected and sensitive environments. Permitted development rights may therefore be withdrawn or limited by conditions attached to a planning permission or by an Article 4 Direction. The 1992 Permitted Development Order (PDO) Following an extensive review of the 1981 General Development Order, the Town and Country Planning (General Permitted Development) (Scotland) Order (the GPDO) came into effect on 13 March 1992. The General Permitted Development Order was intended to consolidate significant amendments since 1981, and to make the format and language of the GPDO more "user-friendly". It also reduced permitted development in certain areas in order to enhance environmental protection, and extended it in other areas in order to reduce burdens on developers and planning authorities. Simplified Planning Zones Simplified Planning Zones (SPZs) were intended to have the same potential to reduce the administrative burden on developers and planning authorities, whilst controlling development which would have a harmful effect on the environment. They do this by effectively giving advance planning permission for specific types of development. Prior Notification The prior notification procedure in the GPDO is intended to provide planning authorities with a means of regulating, where necessary, important aspects of developments, such as farm and forestry buildings and demolitions, for which planning permission is not required. Aims and Objectives of the Research Specific objectives of the research were to: - identify the scope for reducing the complexity of the GPDO
- consider the impact which the use of Article 4 Directions may be having on the focusing of effort within the development control service
- consider the potential role of Simplified Planning Zones in reducing regulation in development control
- examine, in detail, the operation of some particular aspects of the GPDO and recommend improvements in procedures.
Method The methodology involved: - Review of relevant academic and professional literature, including analysis of equivalent arrangements in England; analysis and follow up of responses to the 1995 Review of the Town and Country Planning System in Scotland, and Analysis of Article 4 Directions.
- Postal questionnaire survey of all planning authorities; surveys of professional organisations, developers, development consultants and designers, environmental and community groups; Focus Groups with representatives of planing authorities, planning/architecture consultancies and small scale developers, and community and environmental groups; face to face and telephone interviews for each of the operational SPZs in Scotland.
- Review of relevant Case Law.
Main Findings on Specific Aspects of the GPDO Development Within the Curtilage of a Dwellinghouse - There is scope to rationalise Part 1 of the GPDO, and to move towards one or two Classes for development within the curtilage of a dwellinghouse.
- There are anomalies in some of the Classes, and between some of the Classes, which require to be addressed.
- There is confusion over permitted development rights for satellite antennae.
Sundry Minor Operations - There is general criticism of the use of the 20 metre rule in Class 7.
Simplified Planning Zones * There is no evidence that SPZs have provided any time savings in development control work. Use of Article 4 Directions - Article 4 Directions were used almost exclusively to reduce permitted development rights in conservation areas, as a mechanism to safeguard the built heritage.
- Few planning authorities were monitoring the impact of Article 4 Directions on their development control workload.
Use of Planning Conditions to Disapply Permitted Development Rights - Very few planning authorities were monitoring the impact of removal of permitted development rights through planning conditions on their development control workload.
Prior Notification Procedures - There is a general problem of interpretation and understanding of the prior notification procedures.
Other Classes of Permitted Development - There were general concerns about the permitted development rights in respect of telecom masts in particular, and rights available to privatised utilities and local authorities in general.
Main Recommendations - Part 1 of the GPDO should be rationalised from 6 to 2 Classes. There should be one Class for "Development attached to a dwellinghouse" and another for "Development within the curtilage of a dwellinghouse". Certain provisions could be revised to rationalise and simplify their operation.
- A revised Class 7 (walls and fences) should be introduced.
- The scope of Parts 12 (development by local authorities), 13 (development by statutory undertakers) and 20 (development by telecommunication code system operators) of the GPDO should be reviewed.
- The action to be taken by a planning authority following a prior notification should be clarified.
- The prior notification arrangements for demolitions should be abolished.
- Planning conditions removing permitted development rights should only be used where the planning authority has an approved Local Plan policy, Local Development Order covering relevant Classes, site development brief or area design guide, setting out in advance the exceptional circumstances and justification for removing permitted development rights.
- The Scottish Office and planning authorities should monitor use of conditions removing PD rights and their impact should be included in the Scottish Office audits of development control.
- If an Article 4 Direction is proposed in a local plan, the planning authority should be allowed to implement it, without requiring the confirmation of the Secretary of State.
- Article 4 Directions should be kept under review and re-confirmed every 5 years. The resulting planning applications should be monitored by The Scottish Office and planning authorities. Their impact should also be included in audits of development control.
- Simplified Planning Zones should be abolished. Instead, planning authorities should be empowered to designate "Local Development Orders", extending permitted development to specified additional classes of development.
- The Scottish Office should issue comprehensive advice on the GPDO including an "easy read" user-friendly summary version of the Order
- The Scottish Office should consider establishing a Website for the GPDO, enabling easy access to an updated and consolidated Order.
"Research on the General Permitted Development Order & Related Mechanisms", the research report summarised in this Research Findings, is available priced £5.00. Cheques should be made payable to The Stationery Office and addressed to: The Stationery Office Bookshop, 71 Lothian Road, Edinburgh EH3 9AZ Telephone: 0131-622 7050, or Fax: 0131-622 7017 This Research Findings may be photocopied, or further copies can be obtained from: The Scottish Office Central Research Unit
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