Wednesday, 1 April 2015

The new GPDO - Permitted Changes of Use under Part 3


NOTE: For completely up-to-date and fully comprehensive coverage of this subject, we would strongly recommend readers to obtain a copy of the author’s new book - “A PRACTICAL GUIDE TO PERMITTED CHANGES OF USE” published by Bath Publishing in October 2015. You can order your copy by clicking on the link on the left-hand sidebar of this page.

I thought it might be helpful to share with you a table that I have prepared for my forthcoming book on Permitted Changes of Use. This lists each of the classes of development permitted by Part 3 in the order in which they now appear in Part 3 of the Second Schedule. The 2015 Order comes into effect on 15 April.

Several of the new permitted development rights reflect the changes made to the Use Classes Order, whereby Betting Offices and Pay Day Loan Shops have been removed from Use Class A2, so that each of them is now a sui generis use. Others represent a significant expansion of the permitted development that is now allowed by the GPDO, including changes of use from A1 to A2, A1 to A3 and A2 to A3, among several others.

In the first column, an asterisk in front of the class letter indicates that a prior approval application is required.

The second column shows the corresponding class of development that was permitted by the 1995 Order, from which it will be seen that Part 3 has grown considerably. The classes shown in brackets - (A), (C) and (CA) - indicate that those classes of permitted development in the 1995 Order did not exactly correspond with the provisions in the 2015 Order.

This table is necessarily a very abbreviated summary of Part 3, and does not reflect the numerous exclusions, restrictions and conditions attaching to the various classes of permitted development. For example, it does not indicate that certain classes of permitted development apply only where there is a ground floor display window. The individual classes of development are fully explained in the text of the book, but I am afraid you will have to save up your pennies to buy it when it is published this summer, as I don’t propose to publish all the contents for free in this blog!

In the meantime, I hope you may find this table helpful.


© MARTIN H GOODALL

2 comments:

Andy Ward said...

Good grief.

Now what was that the Government said in 2010 about simplifying the planning system and making it more accessible to lay people, with less work for planning lawyers and consultants?

Oh well.

Never Mind.

Martin H Goodall LARTPI said...

I entirely sympathise with Andy Ward’s view. As recently as two years ago (i.e. before the end of May 2013), the changes of use permitted by Class 3 could have been adequately summarised on one side of a sheet of A4. But as a result of the changes to the GPDO made in 2013, 2014 and 2015, it is now going to require no fewer than five detailed chapters in my forthcoming book on Permitted Changes of Use to explain the provisions of Part 3 alone (one of which is devoted solely to prior approval applications).

Several more chapters will deal with Parts 4 and 5, in addition to an introductory chapter on the operation of development orders, the exclusion of permitted development, etc., etc.

“Simplification” indeed!!