Changes to permitted development rights and appeal time limits

Updated April 2010

Permitted development rights

Owners of industrial buildings, warehouses, offices and shops are now able to carry out limited development without planning permission following changes to permitted development rights which came into effect on 6 April 2010.

These changes were made by the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2010 (2010 No. 654), and apply in England only. The changes include:

• The erection of an industrial or warehouse building subject to specific height and size limits.
• Alterations and extension to industrial or warehouse buildings subject to specific height and size limits.
• Provision of a hard surface within the curtilage of an office, industrial or warehouse building, or the replacement of whole or part of an existing hard surface.
• The extension or alteration of an office building, shop or financial or professional services establishment which increases the gross floor space by no more than 25% or 50 square metres whichever is the lesser, subject to height limits.

All of the permitted development rights are subject to conditions which place limitations on development.

Changes have also been introduced in relation to a number of procedures affecting the planning application process, most importantly a change in the time period for appeals against the refusal of planning permission and the requirement to submit design and access statements. These changes came into effect on 6 April 2010.

The changes to procedure were made by the Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2010 (2010 No. 567) and apply in England only.

Appeals

Time periods have changed for making an appeal specifically where a planning enforcement notice is issued for the same or substantially the same land and development which is subject to the appeal.

To correspond with the change in appeal time periods, two new types of appeal have been introduced – Type A and Type B. The time period for submitting a Type A appeal is within 28 days from the date of the decision leading to the appeal (or the expiry of the specified period which in most cases will be eight weeks); and the time period for submitting a Type B appeal is within 28 days of the enforcement notice being served.

Please see Related information for a more detailed explanation of Type A and Type B appeals.

Design and Access Statements

There are now several more circumstances where Design and Access Statements will not be required. These include:

• applications to vary or remove conditions;
• applications for the development of a flat or within the curtilage of a flat;
• applications to extend an existing building which is used for non-domestic purposes subject to size limits;
• applications for various means of enclosure subject to height limits; and
• applications for development on operational land involving the erection of a building subject to size and height limitations.

Other changes to the requirements for Design and Access Statements have also been made. Please see Related information for a more detailed explanation.

For help or further information about permitted development rights, appeals, or Design and Access Statements, please contact Christian Silk in TLT's Planning team.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at April 2010. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.