Its all in Order

The use of Development Orders to grant planning permissions for certain forms of development (eg domestic extensions, agricultural buildings, for statutory undertakers etc) is enshrined in planning law.  You might be genuinely surprised how much of what you see in your immediate environment (eg street furniture, telephone boxes, the local shop in your former pub, satellite dishes) are there because these rights permit grant an automatic planning permission for them often subject to limitations and conditions.   

The coalition Government in England has extensively increased permitted development rights including (controversially) for changes of use of offices and agricultural buildings to dwellings or commercial uses and large domestic extensions.   

The Order was last fully revised in 1995 and for practitioners to keep track on the hundreds of changes and nuances since is challenging but we have the resources to do that to maximise your assets.  Some dedicate websites to it.

With the General Election looming yesterday's publication of a consolidated 2015 Order was as surprising as it was welcome for practical purposes. Along with the consolidation came a number of new rights (in some case subject to a prior approval process) including:

• Time limits to complete larger domestic extensions moved to May 2019 
• Changes of use from casinos, amusement arcades and storage/distribution centre uses to dwellinghouses.
• Change of use from shops to restaurants.
• Temporary film-making activities.
• Click and Collect Facilities at shops.
• New Solar panels up to 1mw on non-domestic buildings.

The changes come into force on 15th April. Some (very) temporary changes relating to Assets of Community Value to take effect on 9 April to be replaced by the new Order those few days later.

Further changes and updates to the Development Procedure Order in England come into force in April.  We'll post on those shortly.  

Wales remains at the back of the queue in many respects, but we are pleased to hear at least of intentions to review Planning Statute in Wales with a view to consolidation in the future