Town and Country Planning (Permitted Development) (Amendment) Order 2021

Overview

Changes are proposed to the secondary legislation which enables certain types of development to take place without the need for a specific planning application (sometimes called ‘Permitted Development’). The changes are intended to better apply a proportionate level of protection to trees whilst not unduly preventing development, in particular routine infrastructure works.    

Why your views matter

Most operational permitted development is set out in the Town and Country Planning (Permitted Development) Order 2012 (as amended).

Currently, no permitted development is allowed if it would result in the felling of a tree, works to a tree or works which are close to a tree. 

It has been identified that there are a number of works that could take place close to a tree which would not cause damage (e.g. replacement windows) and also that for infrastructure works it is likely that these will often take place near to trees (e.g. works to an existing road which has trees in the verges).

It is therefore proposed to retain the provisions which prevent the felling of, or works to, a tree but to more selectively apply the provisions which prevent works close to trees.

The current consultation relates to an order which would further amend the 2012 order.

As part of the consultation we have published both the draft order and extracts from the existing 2012 order as it would be amended (pages 4, 5, 16, 23 and 24).

Views are sought on the detail of the proposed changes.

What happens next

The draft order will be updated as necessary in light of the consultation results and then, subject to the agreement of the Council of Ministers, brought before Tynwald for approval.