Permitted Development Review - Appendix 1 – Proposed Amendments to the Town and Country Planning (Permitted Development) Order 2012 - Cabinet Office of the Isle of Man Government

Appendix 1 – Proposed Amendments to the Town and Country Planning (Permitted Development) Order 2012

Read the draft Town and Country Planning (Permitted Development) Order 2024:

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General Provisions

This order has been updated on a number of occasions and the extant version sets out:

various interpretations (Article 3)
that the PD set out in Schedule 1 may be carried out anywhere outside a Conservation Area and that the PD in Schedule 2 may be carried out within a Conservation Area (Article 4)
various standard conditions (in relation to tree protection, preventing new/amended vehicular accesses, avoiding obstructions to highway visibility and preventing anything being done under PD that would breach a condition of a specific planning approval) (Article 4)

Key Proposed Changes

A number of general changes are proposed including:

adding a standard condition that PD does not apply within the curtilage of a Registered Building
stating that where reference is made to a height/distance from ground level then (unless specifically indicated otherwise) when measuring the height of the development on sloping or uneven ground, the height should be measured from within the site prior to any works taking place and at the lowest point immediately adjacent to the development/works – this is particularly relevant when considering the proposals for such things as walls/fences and decking/patios
clarify that all footprints are measured externally and the meaning of 'original dwellinghouse'
provide definitions which distinguish between public highways and private roads
reviewing the definitions in light of wider changes and to ensure they are clear and fit for purpose (e.g. terms such as principal and side elevations) and
overall general updating/clarification of drafting (including using the Use Classes Order definition of dwellinghouse)

Schedule 1, Part 1 – Statutory Undertakings

This relates to Statutory Undertakings and provides for the following:

Class 1 Repairs to Services
Class 2 Highway Works
Class 3 Land Drainage Works
Class 4 Sewage and sewage disposal
Class 5 Water supply
Class 6 Railway works
Class 7 Tramway works
Class 8 Gas supply
Class 9 Laying of gas pipes etc. by Manx Utilities Authority
Class 10 Electricity supply
Class 11 Post Office
Class 12 Street furniture
Class 12A Public electric vehicle charging points

Key Proposed Changes

A number of general changes are proposed including:

expanding Class 2 (Highway Works) in light of response of the Department of Infrastructure ('DOI') to the previous DEFA Town and Country Planning (Amendment) Bill consultation
amending Class 7 (Tramway Works) to align with separate drafting work in that area
removing requirements for notices/prior approvals under Classes 8 (Gas Supply) and 9 (Laying of gas pipes etc. by Manx Utilities Authority) and amend Class 9 so that proposals above the threshold for requiring prior approval simply require a planning application (as it is unclear what the purpose of the notification process is for Classes 8 and Class 9 or what the prior approval process for some elements of Class 9 would be)
expanding Class 12 (Street furniture) to review the list of works for Public Bodies to add Public Art (suggestions for other additions are invited) - Class 12 for Public Bodies* Local Authorities includes things such as lamp standards, public shelters and refuse bins and
introducing an additional class (12B) to allow the provision of play equipment on public open space and schools in accordance with the established Fields in Trust standards

Notes

DEFA is currently reviewing the definition of development within the Town and Country Planning Act which may mean that Class 1 (Repairs to Services) is no longer required, but as this work has not been finalised it is not yet proposed to remove this class. These changes may also have implications for Classes 2 (Highway Works) and 3 (Land Drainage Works) insofar as these relate to maintenance. However, the PD means that improvement (rather than maintenance) does not require planning consent if it is outside a Conservation Area and complies with the standard condition, including that there is no loss of trees (unless emergency Flood Risk Management or 'FRM' Works). It is also noted that the Flood Risk Management Act ('FRMA') excludes some works from requiring any form of planning consent (for example those included within a FRM Plan Published under the FRMA. Therefore these classes are to be retained, with Class 2 being expanded in light of feedback from the DOI Highways
Class 10 includes the installation of telecommunications lines by the Manx Utilities Authorities, but otherwise telecommunications Permitted Development is provided for in a separate Telecommunications Permitted Development Order and any review/amendments to that are outside the scope of this consultation

*Defined as, 'a Department or Statutory Board; (b) a local authority; or (c) a joint board established under section 7 of the Local Government Act 1985 or section 7 of the Recreation and Leisure Act 1998'

Schedule 1, Part 2 - Operations within the curtilage of a dwelling house

This part is split into two sections, with those in Section A having standard conditions relating to watercourses and overhead lines.

Section A includes:

Class 13 Greenhouses and polytunnels
Class 14 Extension of dwellinghouse
Class 14A Domestic electric vehicle charging points
Class 15 Garden sheds and summer-houses
Class 16 Fences, walls and gates
Class 17 Private garages and car ports
Class 18 Domestic fuel storage tanks
Class 19 Replacement of waste water treatment system
Class 20 Erection of a flagpole
Class 21 Construction of decking
Class 22 Solar Panels (Standalone)
Class 23 Heat Pumps
Class 23A Air source heat pumps

Section B includes:

Class 24 Installation of replacement windows and doors
Class 24A Replacement of conservatory roofs
Class 25 Installation of or removal of Patio doors
Class 26 Garage doors
Class 27 Satellite dishes
Class 28 Roof-lights

Key Proposed Changes to Section A - Standard Conditions

A number of general changes are proposed including two additional conditions:

the area of ground covered by buildings within the curtilage of a dwellinghouse (excluding the original dwellinghouse and any hard surface or deck) may not exceed 50% of the curtilage (excluding the ground area of the original dwellinghouse and any hard surface or deck) and
after the development has taken place there is, within the curtilage of the dwelling house, there may not be less than the lesser of:
- 2 car parking spaces of at least 6 metres by 3.25 metres or
- the number and size of parking spaces prior to the operations taking place**

**Remove condition from Class 14 which duplicates this

Key Proposed Changes to Existing Classes

A number of general changes are proposed including as set out below.

Class 14 (Extension of dwelling house) - Review to allow proportionate extensions relative to house size. The existing class 14 has a number of conditions, including that the extension can be no more than 15 square metres of floorspace (measured externally). For some houses this will be a relatively large extensions and for others very small. It is therefore proposed to alter the safeguards so that larger extensions can be permitted where they are proportionate to the size of the existing house and the size of the plot. The diagram below should be read in conjunction with Class 14 of the Order and is intended to illustrate some of the concepts in relation to how extensions can be sited and sized
Introduce additional classes (14B and 14C) to allow for porches and roof extensions (dormers). The current permitted development Class 14) does not include provision for roof extensions (dormers) or (due to the conditions) porches. These could be introduced as specific classes. There are concerns that, where poorly executed, such works can undermine the quality of both individual properties and the streetscene, and applications for such works are sometimes refused. However, a balance needs to be struck between controlling development for public benefit and having a proportionate level of control that can be implemented with limited resources, and it is noted that other jurisdictions do have such provisions. Proposals for permitted development for such provisions are therefore cautiously included for public comment
Amend Class 15 (Garden sheds and summer houses) to add reference to pergolas - pergolas are, subject to similar restrictions, no more objectionable than sheds and summer houses but are not currently allowed for
Amendments to Class 16 (Fences, walls and gates within/on curtilage of a dwelling house) and Class 39 (Fences, walls and gates not within/on curtilage of a dwelling house) so that they align where appropriate and are more flexible in allowing for amendments to existing walls/fences and replacement fences which are no taller than the wall/fence being replaced
Amend the condition on Class 17 (Private garages and car ports) to increase the size of garage allowed to align with the minimum recommended sizes in the Manual for Manx Roads. Also amended is the provision which limits the number of garages/carports to indicate that where a garage has previously been erected (either under Permitted Development or via a full planning approval) and converted into living accommodation (for example under Class 26) no further garages can be erected under Permitted Development
Clarify Class 18 (Domestic fuel storage tanks) that no more than 1 tank is allowed
Amend Class 21 (Construction of Decking) to add patios*** and also to allow patio/decking 0.5 metres above ground level and any attached structures (such as railings) are not more than 2.5 metres above ground level (this follows feedback from industry and also aligns with Scotland’s provision, although is higher than provided for in Wales and Northern Ireland)
It is also proposed to add a new Class (21A) to Section A to allow for the installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse. There are a number of proposals for such flues and in planning terms they are of limited impact (visually) where they are not appropriately sited/installed/maintained they can cause amenity issues in relation to smoke, but this is a matter for Statutory Nuisance legislation
Amend Class 22 (Solar Panels – Stand Alone) to specify a maximum of 2 per property - the absence of a limit on the maximum number of stand-alone solar panels within a curtilage could be problematic
Amend Class 23 (Heat Pumps) to include explicit reference to boreholes required for vertical installations - It is not clear whether Class 23 includes for boreholes for vertical Ground Source Heat Pumps, however there do not appear to be any concerns about their inclusion in this class
Amend Class 23A (Air Source Heat Pumps) – currently installation of one pump subject to conditions, including that it is not within 1m of a boundary and that it meets set noise limits - which consider the nearest buildings which are used as residential or tourist accommodation (Part 3 of the Use Classes Order (opens in a new tab), residential school, hostel or secure residential accommodation (measurements taken at nearest window which is not an outbuilding or garage). Following discussions with Manx Utilities informed by the experience of the ongoing ASHP trials, it is proposed to amend these conditions so that installation is allowed within 1m of a boundary as long as that boundary is not with residential/tourist (Part 3) use. It is also proposed to amend the definition of nearest window to exclude windows for non-habitable rooms (definition to align with that in the Residential Design Guide (opens in a new tab) - bathrooms, utility rooms, hallways/corridors, stairs/landings, garages, porches, and storage). It is proposed to allow installation of two pumps (2 allow cascade installations for larger properties) subject to the combined noise impacts meeting the set limits
Amend Class 24 (Installation of replacement windows and doors) to allow the enlargement of apertures where it is on the ground floor of a wall which is not facing a road or a side elevation - the current provision is for, 'The installation of a window or an external door in an existing aperture in a dwellinghouse' and is subject to conditions that, '(a) no alteration may be made in the size, shape or position of the aperture; (b) no windows or doors may open over any part of the highway or boundary of the dwellinghouse; and (c) the dwellinghouse must not be located within a conservation area which is proposed in a published document'. Condition (a) restricts the installation of rear patio doors etc. which in many cases is unproblematic (noting that Class 25 separately allows for the installation or removal of patio doors but not single doors)
Amend Class 24 to remove the condition that the class does not apply in proposed conservation areas – the proposed conservation areas have not been made into formally designated conservation areas
Amend Class 25 (Installation of or removal of Patio doors) to increase the width of the patios doors that can be installed
Amend the conditions attached to Class 26 (Garage Doors) to add a requirement that any walling must match that on the major part of the dwellinghouse and allow for the reversal of works undertaken to replace a garage door - this currently allows for the removal of garage doors with a window and conditions the proportion of the window, but not any brickwork, nor does it currently allow for the reversal of such works

***Smaller patios may not constitute development, however larger patios are capable of constituting development and so requiring planning approval

Key Proposed Additional Classes 28A: Repair, alteration or replacement and 29: Rebuilding and 44 Replacement roofs

Development does not include the carrying out for the maintenance, improvement or other alteration of any building or works which affect only the interior of the building, or do not materially affect the external appearance of the building.

Therefore, if works are undertaken to replace a roof or windows on a like-for-like basis then this would not normally be taken to be development. However, if there are material differences then such replacements could constitute development. If works are undertaken to remove and rebuild a chimney then, depending on scale, this is arguably development as it contains an element of partial demolition (that may not be PD) and rebuilding.

In the case of a complete rebuild this may require approval. This is because, if subject to a specific planning approval, once an approval is implemented it is ‘spent’ and so it can only be used once. The wording of the PD at present also does not allow for the replacement of a structure (for example a garden shed) even if that structure was PD originally. It is noted that if a building which was allowed under a planning approval was allowed to be rebuilt under permitted development then any conditions attached to the original approval may (depending on the circumstances) no longer be enforceable.

It is therefore proposed to make provision for:

the repair, alteration or replacement (e.g. removal and rebuilding) of an outbuilding within a domestic curtilage building where the final resulting building would be allowed under a separate provision of this order in relation to the following (but can be materially different to the existing (to apply to Schedule 1, Part 2 only)
the re-building of an outbuilding within a domestic curtilage which results in a new building which accords with the original (spent) planning application drawings and where no conditions other than the time for commencement were attached to the original approval (to apply to Schedule 1, Part 2 only) and
replacement roofs on any building outside a Conservation Area (where they are the same size/shape but with some flexibility on materials so they do not have to be exactly like-for-like) – this would be included in Part 4 – Miscellaneous Development

Schedule 1, Part 3 – Aviation Operations

This provides for the following:

Class 30 Development at an airport
Class 31 Air navigation development at airport
Class 32 Air navigation development near airport
Class 33 Stationing of moveable apparatus in an emergency
Class 34 Use of airport buildings
Class 35 Alteration of fence etc. to provide access for emergency vehicles

Key Proposed Changes to Existing Classes

The key change is:

removing the requirement under Class 30 (Development at an Airport) to consult with DEFA - Consultation with relevant technical advisors within Government and other stakeholders is encouraged, but the inclusion of requirements for this within Permitted Development can lead to confusion over the purpose and process. Such consultation can take place without there being reference in the order in relation to it

Schedule 1, Part 4 – Miscellaneous Operations

This provides for the following:

Class 36 Demolition of part of building
Class 37 Satellite dish
Class 38 Installation of replacement windows and doors
Class 39 Fences, Walls and Gates
Class 40 Forestry operations
Class 41 Closed-circuit television cameras
Class 42 Solar Panels (Roof mounted)
Class 43 School cycle shelters

Key Proposed Changes to Existing Classes

A number of general changes are proposed including:

Class 36 (Demolition of part of building) – a condition is added that any exposed structures must be made good and decorated to match the remaining building or structure
Class 38 (Installation of replacement windows and doors) – ensuring this aligns with the wording of Class 24 (replacement windows in dwelling houses) – including that both take the same approach in terms of proposed Conservation Areas
class 39 (Fences, Walls and Gates outside the curtilage of a dwelling house) ensuring that this aligns where appropriate with the provisions of Class 16 (Fences, Walls and Gates within or on the curtilage of a dwelling house)

Notes

DEFA is currently undertaking work to review the definition of development within the Act and any detailed provisions in secondary legislation made under that part of the Act. Emerging work suggests that the demolition of part of a building will remain development and as such Class 36 will still be appropriate/required and so no changes are proposed to it

Schedule 2– Operations within Conservation Areas

This provides for the following:

Class 1 Repairs to services
Class 2 Highway works
Class 3 Sewerage and sewage disposal
Class 4 Water supply
Class 5 Railway works
Class 6 Tramway works
Class 7 Gas supply

Key Proposed Changes

A number of general changes are proposed including:

making some additional allowances within Class 2 (Highway Works) in response to comments from the DOI Highways
amending Class 6 (Tramway Works) to align with separate drafting work in that area and
in relation to Class 7, removing the current requirement for the giving of a notice which is proposed for removal to align with proposed changes to Schedule 1

Key Proposed Additional Section – Schedule 2, Part 2 – Extension of Classes to Conservation Areas

Conservation Areas are intended to protect the character of the built environment in the public interest, as such more flexibility is possible in private spaces (such as rear gardens). It is therefore proposed to extend the following classes so that they apply within Conservation Areas, but with additional conditions to limit works which would impact on the streetscene.

Within the Curtilage of Dwelling Houses:

Class 13 Greenhouses and polytunnels (paragraph 16)
Class 14 Extension of dwellinghouse (paragraph 17)
Class 14A Domestic electric vehicle charging points (paragraph 18)
Class 15 Garden sheds and summer-houses (paragraph 21)
Class 18 Domestic fuel storage tanks (paragraph 24)
Class 19 Replacement of waste water treatment system paragraph 25)
Class 21 Construction of decking (paragraph 27)
Class 22 Solar Panels (Stand alone) (paragraph 29)
Class 23 Heat Pumps (paragraph 30)
Class 23A Air source heat pumps (paragraph 31)
Class 24 Installation of replacement windows and doors (paragraph 32)
Class 24A Replacement of conservatory roofs (paragraph 33)
Class 25 Installation of or removal of Patio doors (paragraph 34)
Class 28 Roof-lights (paragraph 37)
Class 28A Repair, alteration or replacement (paragraph 38)
Class 29 Rebuilding (paragraph 39)

For any building:

Class 38 Installation of replacement windows (paragraph 48)
Class 41 Closed circuit television cameras (paragraph 51)
Class 42 Solar panels (roof mounted) (paragraph 52)