Monday, 7 October 2013
Permitted development excluded in an AONB
There is so much material awaiting posting that it is difficult to know where to begin, but I thought I would start with a recent query I received about the extent to which Permitted Development is excluded in an Area of Outstanding Natural Beauty. The question arose because the AONB in question encompasses a great number of towns and villages, most of which contain undistinguished housing far removed from anything that could possibly be described as being of outstanding natural beauty.
My correspondent therefore asked me whether the LPA is correct in asserting that permitted development rights are excluded in respect of development within the curtilage of a dwellinghouse (under Part 1 of the Second Schedule to the General Permitted Development Order) because this is a settlement that is ‘washed over’ by the AONB designation, and is not excluded from it. The site in question is not in a conservation area.
[What follows applies in England only, not in Wales, which has different rules.]
In most AONBs, the designation covers a wide area, and towns and villages within the area are not excluded, although the boundary may be drawn around the outside of a large town if it is on the periphery of the area. The limited contribution (if any) that even the most undistinguished part of any settlement within an AONB makes to the natural beauty of the area does not affect the position in any way.
Permitted development rights are slightly reduced (but are not wholly removed) in relation to Part 1 of the Second Schedule to the General Permitted Development Order (development within the curtilage of a dwellinghouse) in certain areas (“Article 1(5) land”) which include any property anywhere within an AONB. I have confined this note to AONBs, as there is a very subtle distinction in respect of these areas, compared with other “Article 1(5) land (such as conservation areas).
Under Class A, the temporary right (until 30 May 2016) to build larger domestic extensions is excluded in an AONB. Other excluded development within Class A comprises the cladding of any part of the exterior of the dwellinghouse with stone, artificial stone, pebble dash, render, timber, plastic or tiles, any extension beyond a wall forming a side elevation of the original dwellinghouse and any extension of more than one storey beyond the rear wall of the original dwellinghouse. But, with these exceptions, other extensions and alterations within Part A can still be built within an AONB.
The enlargement of a dwellinghouse consisting of an addition or alteration to its roof (under Class B) is also excluded in an AONB, but minor alterations to the roof under Class C are not excluded. The erection or construction of a porch outside any external door of a dwellinghouse (under Class D) is not excluded either.
As regards Class E (the provision within the curtilage of the dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure; or a container used for domestic heating purposes for the storage of oil or liquid petroleum gas), development is not permitted in an AONB by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwelling-house would exceed 10 square metres, but devlopment closer to the house is OK. In an AONB, development under Class E is also excluded if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse.
Development under Class F (the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such, or the replacement in whole or in part of such a surface) is not affected.
In the case of Class G (the installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse) this development is not permitted within an AONB if the chimney, flue or soil and vent pipe would be installed on a wall or roof slope which fronts a highway, and forms either the principal elevation or a side elevation of the dwellinghouse.
Development under Class H (the installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a dwellinghouse) is permitted in an AONB, but not if it would consist of the installation of an antenna on a chimney, wall or roof slope which faces onto, and is visible from, a highway, or on a building which exceeds 15 metres in height.
If you look at Part 1 of the GPDO, you will see that this still leaves quite a wide variety of permitted development that can be carried out within an AONB, subject to the usual limitations and conditions set out in the Order. It is certainly not the case that permitted development rights are wholly or substantially removed within an AONB. On the other hand, local planning authorities have the power to exclude permitted development rights by means of an Article 4 Direction, and also by means of a condition attached to a planning permission, and this is perhaps more likely within an AONB (and on other “Article 1(5) land”, such as a Conservation Area) than elsewhere.
So the LPA in question was correct up to a point in the case that was put to me, but the effect of the exclusion of certain permitted development rights should not be over-stated.
© MARTIN H GOODALL