New amendments to the GPDO

I have been keeping a look-out on the UK Legislation website for the expected amendment to the GPDO, searching (not unreasonably) under “General Permitted Development Order”, but MHCLG were too clever for me, and sneaked these amendments out in an SI entitled The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019 [2019 No. 907]. These regulations were made on 1 May, laid before parliament on 3 May and will take effect on 25 May. Part 2 of these Regulations sets out the amendments to the GPDO.

Part 1, Class A of the Second Schedule to the GPDO (larger domestic extensions) is amended by omitting the words “until 30th May 2019” in paragraph A.1(g), and by omitting sub-paragraphs (13), (14) and (15) in paragraph A.4, thus making this class of PD permanent. This amendment also removes the requirement for the developer to notify the LPA of the completion of the development.

A new Class of PD has been added to Part 3. This is Class JA, which permits a change of use of a building from a use falling within Class A1 (shops), Class A2 (financial and professional services), or Class A5 (hot food takeaways) or from use as a betting office, pay day loan shop or launderette, to a use falling within Class B1(a) (offices). I don’t propose to comment on the detailed provisions of the new Class of PD here, other than to note that there is a qualifying date of 29 October 2018 for the pre-existing use, and a floorspace limit of 500 sq m. The usual exclusions will apply, and a prior approval application is required in respect of transport and highways impacts, noise impacts from neighbouring commercial and retail premises, and any impact that the development may have on the availability in the area of services of the sort that were provided by the pre-existing use.

In Class M (residential conversion from A1 shops, A2 offices, etc.), A5 take-aways have been added to the pre-existing uses that can be changed to residential, together with a clarification of the retail impact assessment that is required.

There is also a slight clarification of the floorspace limit in Class Q (residential conversion of an agricultural building). This provides that the floor space of any [one] dwellinghouse developed under Class Q must not exceed 465 square metres. I must confess that this is how I already read Class Q (as amended in 2018), so I am not sure why it was thought necessary to insert sub-paragraph (ba). This amendment does not affect the cumulative floorspace that can be developed under Class Q, which for the reason previously explained in this blog may be up to 865 sq m in total (if larger and smaller dwellinghouses are developed in the appropriate combination).

Finally in Part 3, there is a minor updating of paragraph W so that paragraph W.10(b) now refers to the February 2019 version of the NPPF in place of the original (2012) version. The same amendment is made elsewhere in the GPDO where references were previously made to the older version of the NPPF.

Part 4, Class D (temporary use of various business premises) is amended by enlarging the uses to which the use of the specified business premises can be changed to include, in addition to those previously listed, Class D1(a) (the provision of any medical or health services except the use of premises attached to the residence of the consultant or practitioner), Class D1(d) (the display of works of art (otherwise than for sale or hire)), Class D1(e) (museum), Class D1(f) (public library or public reading room), or Class D1(g) (public hall or exhibition hall). The single period during which the premises can be put to another use under this Class of PD is also extended from 2 years to 3 years.

I have deliberately omitted some of the more obscure amendments made by these Regulations, but will just note finally the amendment to Part 16, Class A (PD for electronic communications code operators), which, as previously promised by the government, now excludes from this Class of PD the installation, alteration or replacement of a public call box. Part 3 of these Regulations also amends the Control of Advertisements Regulations to remove the whole of Class 16 from Part 1 of Schedule 3, which gave deemed consent to advertisements displayed on telephone kiosks. Thus the provision of telephone kiosks now requires planning permission, and the display of any advertisements on them now requires advertisement control consent. No doubt there will be rejoicing in local planning authorities and dismay among telecoms operators and outdoor advertising companies. This could also lead to the removal of many remaining telephone boxes, where advertising revenue can no longer be obtained to support their continued provision (an example, perhaps, of the Law of Unintended Consequences).

[For the avoidance of doubt, I should make it clear that where a prior approval application for the erection, alteration, etc. of a public call box is pending on 25 May, it must continue to be processed and, if refused, an appeal against that refusal can still be made and /or determined after that date. Secondly, a surface of a public call box which was used for displaying an advertisement on or before 24 May 2019 may continue to be used for that purpose.]

© MARTIN H GOODALL