What is an Article 4 Direction?
Removes permitted development rights from a specific area
(Usually on article 2(3) land)
Schedule 3 GPDO 2015
What buildings are excluded from Class Q under GPDO 2015?
- Buildings not in agriculture pre 24th July 2023
- Redundant buildings
- Buildings subject to a tenancy (unless with written consent from T)
- Buildings located in article 2(3) areas
- Listed buildings
- Buildings erected under Part 6 GPDO
What are the eligibility requirements under Part 3, Class Q of the GPDO 2015?
- used, or last used for agriculture on 24th July 2023
- IF redundant, no alternate use (stables, storage)
- IF rented, need written consent from tenant
When does Part 3, Class Q of the GPDO 2015 not apply?
- listed buildings
- article 2(3) land
- erected building under Part 6 GPDO in last 10 years
What can you do under Part 3, Class Q of the GPDO 2015?
- convert up to 1,000 sq.m of space across several dwellings
- each dwellings must not exceed 150 sq. m
- can convert up to 10 dwellings (so 100 sq. m per dwelling)
- in, or last in agriculture on 23rd July 2023 or ten years preceding
- NO extensions to existing building
- conversion NOT rebuild
What does a LPA consider when determining a Part 3, Class Q (GPDO) application?
Is the building eligible?
Noise
Highways
Natural light to all rooms
Design
Contamination
Flood risk
What is permitted development?
Development listed under schedule 2 of GPDO 2015, that does not require full planning permission (prior approval may be required in some cases)
What is Part 1 of the GPDO 2015?
Permitted development rights for residential development within a curtilage
i.e. porches (< 3m2), side and rear extensions
What is Part 2 of the GPDO 2015?
Permitted development right for access to a highway
- gateways which are NOT leading to trunk road or classified road
What are the use classes defined under the Town and Country Planning (Use Classes) Order 1987?
Change of Use
Use classes:
B2 - general industrial (workshops)
B8 - storage and distribution (warehouses)
C3 - dwelling house
E - commercial, business and service (offices)
Sui generis (in a class of its own)
What is Article 2(3) land?
Land with restrictive PD rights
Examples: AONB, SSSI, NP, Conservation Areas
What is Part 6, Class A of the GPDO 2015?
Agricultural development on units over 5 hectares
< 1,500sq. m floor area
< 12m in height
3m if within 3km of aerodrome
> 25m from trunk road
400m from protected building if used for slurry / livestock
What is Part 6, Class B of the GPDO 2015
Agricultural development on units less than 5ha
ONLY extensions / alterations
< 25% extension of existing building
> 25m from trunk road
When is prior approval needed under Part 6 GPDO 2015
New buildings
Extensions / alterations IN NATIONAL PARKS
Significant extensions / alterations
What is the prior approval process under the GPDO 2015?
£240 application fee
Submit layout plan, access and design
Decision within 28 days OR automatic approval if 28 days lapses
What is Biodiversity Net Gain?
As of 2nd April 2024, all developers must provide > 10% biodiversity gain on their development
Gain must be conserved for at least 30 years
e.g. on-site, off-site, or purchased BNG credits
What developments are excluded from BNG?
- Self-build development up to 9 dwellings AND up to 0.5ha
- Permitted development
- householder development
How is BNG dealt with in the planning process?
Biodiveristy assessed pre and post developed by ecologist
BNG plan submitted with planning application
What is Part 3, Class R GPDO 2015
Change of use (agriculture buildings to commercial)
e.g. B2 general industrial
B8 storage and distribution
C1 hotels
E commercial/business/service
What is the eligibility criteria under Part 3, Class R of the GPDO 2015?
Building must have been used for agriculture on 3rd July 2012
If build post 2012, must have been used for agriculture in last 10 years
What is the British Standard for agricultural buildings?
BS 5502 - design of buildings and structures for agriculture
What is an option agreement?
Developer v landowner
- developer obtains planning permission
- developer incurs costs
- developer buys site at fixed price
What is a Promotion agreement?
Promoter v landowner
- promoter obtains planning permission
- promoter incurs all costs
- landowner & promoter sell property on open market
- promoter takes % of sale price
What is an Environmental Impact Assessment?
Evaluates the environmental impact from major projects / developments and states how to mitigate these.
Considers: air, land, water, wildlife
