Reform of the Planning System - Proposed Amendments to Increased Permitted Development

The Town & Country Planning Act (1999) sets out a definition of ‘development’. Things that fall within this definition must have planning approval before they can be carried out. Planning approval can be via individual planning applications or can be a ‘blanket’ approval by secondary legislation (aka Permitted Development or PD). The mechanism for the latter is a Development Order produced by the Cabinet Office and approved by Tynwald. The determination of a planning application must take into account all relevant material considerations and must not take into account anything which is not a material consideration.

Development Orders may be appropriate where proposals are unlikely to be contentious or where relevant the material considerations are unlikely to benefit from case-by-case consideration. Where a proposal is contentious due to non-material issues, there is unlikely to be any benefit of case-by-case consideration by way of a planning application as the process cannot legally take into account the non-material issues which make it controversial.

Amendments were proposed to the existing Permitted Development and the principles were the subject of a public consultation as part of the ongoing joint project between the Cabinet Office and the Department of Environment, Food and Agriculture to reform the planning system. However, for the avoidance of doubt, references within this document to the Department refer to the Cabinet Office. The consultation asked for views about a number of proposed amendments to existing Permitted Development rights. Part 1 of the consultation focussed on minor alterations to existing sites and buildings (outside Conservation Areas) which could help to reduce carbon emissions, including:

• Air Source Heat Pumps;
• Electric Vehicle Charging Points;
• Replacement Conservatory Roofs;
• Solar Panels; and
• Cycle Shelters.

A clarification in relation to household extensions and parking was also proposed. Part 2 of the consultation proposed amendments to the Change of Use element of the Permitted Development Order including:

• expanding some of the town centre areas which allow change of use between classes (covered by Permitted Development); and
• clarifying the requirements for flats to have at least one window with a reasonable outlook.  

There were 45 responses to the consultation, including 3 Local Authorities (Garff, Port St. Mary and Ramsey), the Manx Wildlife Trust and Manx Utilities. Marown Commissioners confirmed they had no comments.

This report is a summary of the responses and the issues they raise. It considers questions 5 – 9 of the consultation, providing statistical analysis of the answers and common issues. A number of detailed points were raised in relation to the Order, some suggesting changes and some raising concerns. These are set out in Appendix 2. The draft Order has been updated in light of the above, and will require Tynwald approval before coming into operation.