Planning ...
Permitted Development Rights (Article 3 and 4 Directions)
Permitted development rights are provided by the Town and Country Planning (General Permitted Development) Order 1995 (the GPDO) to allow certain types of development to proceed without the need for a planning application, since planning permission for them is deemed to be granted. Such rights have long played a role in reducing the number of planning applications for minor and uncontentious development and help reduce the regulatory burden of the planning system.
Scope of Permitted Development Rights
The current GPDO is divided into 33 parts, which relate to broad categories of permitted development. These in turn contain a total of 84 more detailed classes of development. The types of development now subject to permitted development rights can be broadly summarised as:
- those relating to certain types of building, including dwelling-houses, industrial and warehouse buildings, agricultural buildings and those within amusement parks; these rights mostly relate to fairly minor development incidental to existing uses of the land and with any adverse effects controlled by various conditions attached;
- those given to certain types of organisations which carry out development, including local authorities, highway authorities, various statutory undertakers e.g. railways, electricity, ports, water authorities, airports and telecommunications operators; it is understood these rights were originally provided because of the essential public services provided by these bodies and the statutory controls and accountability that apply to them; and
- rights that tie in with and provide limited expansion of development rights provided by other legislation, such as repairs to services and unadopted roads, which extend the scope of development defined by Section 55 of the Town and Country Planning Act 1990
Limits on or Withdrawal of Permitted Development Rights
While the basic aim of permitted development rights is to exclude relatively minor development proposals from planning controls, the need to control any significant impact of even minor development in protected or sensitive environments means that the GPDO provides for some permitted development rights to be withdrawn or limited in certain circumstances, as follows:
- in conservation areas, and certain other specified or designated areas such as National Parks and Areas of Outstanding Natural Beauty (AONB);
- by conditions, exclusions and limitations applying to specific rights;
- through Articles in the GPDO, including Article 4 which gives local authorities powers to remove permitted development rights, and Article 3 which removes permitted development rights for most forms of development if Environmental Impact Assessment (EIA) is required;
- prior approval procedures, which require information on siting, design and scale of certain categories of permitted development to be provided to the local authority, with a decision required within a specified period, failing which permission is deemed to be given; and 2.5 In addition, permitted development rights can be removed outside the GPDO through conditions attached to a planning permission. Article 3 restrictions on permitted development rights.
Article 4 Directions give Local Authorities powers to remove permitted development rights as above.
| Article 4 Direction | Location | Schedule of Addresses | Schedule of Restrictions | Map |
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| 4 (1) | Preston Park |  |
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| 4 (2) | New Quay | |
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| 4 (2) | Spanish Battery |
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| 4 (2) | Tynemouth | |
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| 4 (2) | Sacred Heart Church | |
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Article 3 Directions remove permitted development rights for most forms of development if Environmental Impact Assessment (EIA) is required, as above.
Useful Documents and Downloads
- Window Guidance Note - This has been compiled to advise homeowners and planning officers on the appropriate repair and eventual replacement of historic windows
- Tynemouth Article 4(2) confirmation flyer