Permitted Development Review

Built Environment Reform Programme

The Built Environment Reform Programme was launched in July 2022 and refreshed in May 2023. It is a package of measures including improvements to the planning system to facilitate delivery of the Island Plan and Economic Strategy. The programme includes the carrying out of targeted amendments to Planning Legislation to increase the small scale/routine activity that can be undertaken without a planning application.

One of the ways to allow activity to take place without needing a planning application is by including it in a Permitted Development Order ('PDO'). PDOs are within the remit of the Cabinet Office, whilst the determination of planning applications are the remit of the Department of Environment, Food and Agriculture ('DEFA'). The two Departments are working together to deliver a number of changes to the planning system as part of the reform programme.

A key message is that just because something is not Permitted Development it does not mean it is unacceptable. Part of the purpose of Permitted Development is to allow uncontroversial and small scale works without needing a planning approval. Works which are not Permitted Development may require the scrutiny afforded by the planning application process but that is not to say that they are unacceptable, indeed around 90% of planning applications are approved.

Scope of Review and Consultation

The review has considered the following three orders:

• the Town and Country Planning (Permitted Development) Order 2012
   
• the Town and Country Planning (Permitted Development) (Temporary Use or Development) Order 2015
   
• the Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019

The proposals are set out in the next section and as part of the consultation the drafts Orders are available to view. The other extant PDOs are outside the scope of this review and consultation. Details of existing Permitted Development, including the Interactive House and how to ask questions about specific proposals can be found online (opens in a new tab) and will be updated as necessary once the proposed changes are finalised.

Approach to Permitted Development Orders

The Town and Country Planning Act defines ‘development’ at Section 6 and Section 7. Before you can carry out ‘development’, you need planning approval. This approval can be specific (application) or by Development Order. A Development Order gives ‘blanket’ planning approval (often called Permitted Development or 'PD') and can be subject to conditions/limitations.

Each PDO typically sets out general provisions in terms of interpretation, general conditions/limitations and provisions for not applying the order in certain areas. The orders then have schedules which set out the development which is permitted, with each ‘class’ of permitted development often having specific conditions/limitations. As well as the specific proposals set out in this report, any necessary amendments to these general provisions will also be made. In this consultation document reference is made to provisions in various classes. In each case the order should be referred to for the specific wording and detailed limitations or conditions that might apply.

There are a number of terms used which are defined within the Town and Country Planning Act. Some terms have a definition within the Orders. Terms will otherwise have their ordinary meaning. The following should be noted in reviewing the draft orders:

• Section 34 of the Interpretation Act 2015 provides that, 'Words in the singular include the plural and words in the plural include the singular' and so the need to specify where there is a limit on the number of something has been considered
   
• The definition of building within the Act is, 'includes any structure or erection, and any part of a building, as so defined, but does not include any plant or machinery comprised in a building' however the definition of building within the Permitted Development Order is 'does not include plant or machinery or any gate, fence, wall or other means of enclosure'
   
• 'Dwellinghouse' is not defined in the Act but is in the Town and Country Planning (Use Classes) Order

Review of the Definition of Development

Separate work is being undertaken to amend the definition of Development in the Act and produce a secondary legislation Definition of Development Order. This is likely to make provision for:

• routine maintenance within highways and rivers being excluded from development
   
• the removal of the requirement for demolitions in Conservation Areas to have Registered Building Consent, and all demolition works to be included in the Act’s definition of Development, with the order to then exclude demolition of smaller buildings and (outside of Conservation Areas) fences/walls/gates/means of enclose
   
• repairs and Rebuilding Works to be included to the Act’s definition with the order then excluding the removal and replacement of chimneys as long as they are externally like for like (which would involve partial demolition and so is development)
   
• hard-surfacing of a domestic garden to be included in the Act’s definition but excluded through the order in most circumstances where it is smaller and permeable
   
• exterior painting of buildings to be included in the Act’s definition but excluded through the order where it does not include the application of paint or colour to a Building within a Conservation Area to which paint has not previously been applied
   
• placement of temporary structures (including on wheels) included in the Act’s definition

Although the above is outside the scope of this review/consultation it is likely that the updated Permitted Development will be in force before the amended Act and so it is important to consider how the two will interface both prior to and post the Act being updated. A number of points that are to be addressed through the above have, however, been scoped out of the Permitted Development Order review.