Permitted Development Right, Article 3 and 4 Directions

Permitted Development Rights

Permitted development rights are provided by Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (the GPDO). This allows certain types of development to proceed without the need for planning permission.

The most commonly used permitted development rights relate to dwelling houses. The GPDO permits householders to undertake alterations, minor extensions as well as erect buildings and structures within the curtilage of a property, without planning permission.

Schedule 2 of the GPDO specifies all the different types of permitted development rights and the various limitations which apply. The current schedule is divided into 33 parts, Each part relates to a particular category of development.

The regulations and criteria however are extensive and complex. Please, therefore check with the Planning Unit first.

In addition, particularly on housing developments, the Council may have removed permitted development rights when granting planning permission.

It is important to note that size limitations on some classes of permitted development are lower in Areas of Outstanding Natural Beauty and Conservation Areas.

If you own or live in a listed building you are also advised to check with the Planning Unit as stricter controls apply to listed buildings. In addition listed building consent is likely to be required for works of alteration or extension.

Even though planning permission may not be required you may well require consent under the Building Regulations or other legislation.

Note: A plea to all house owners.

Even though planning permission may not be necessary, the Council would like owners to consider extensions or alterations to their house in relation to the character of the building and its setting.

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 scope of these rights are, and can be controlled by the following measures:

Each part of Schedule 2 of the GPDO contains a number of detailed limitations on what specifically constitutes permitted development. These rights are more restrictive in the case of Listed Buildings, Conservation Areas, National Parks and Areas of Outstanding Natural Beauty.

Most forms of development which require an Environmental Impact Assessment (EIA) are exempt from permitted development rights.

Certain types of permitted development relating to agriculture and telecommunications apparatus are subject to a condition requiring the prior approval of the local planning authority to the siting and appearance of these works.

When granting planning permission for a particular development , local authorities can, by condition, remove permitted development rights.

Under Article 4 of the GDPO, local authorities can serve a direction which has the effect of removing specified permitted development rights from a particular area.

More information on what types of development require planning permission and what constitutes 'permitted development' can also be found on the Planning Permission needed? section on the Planning Portal.

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Conservation Areas

Areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. To identify if your property is located within a Conservation Area please check the list below and click on the relevant link to view the associated map, or contact the Planning Unit for further guidance.

Development within or affecting a conservation area will only be permitted where it preserves or enhances the character or appearance of the area.

It is recommended that you refer to the Conservation Area (Policy ENV16) of the North Devon Local Plan Adopted July 2006 before submitting a planning application.

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Listed Buildings

A listed building is one of special architectural or historic interest. Listed buildings are graded I, II* or II with grade I being the highest. Listing includes the interior as well as the exterior of the building, and any buildings or permanent structures (e.g. wells within its curtilage).

English Heritage is responsible for designating buildings for listing in England.

You will need to apply for listed building consent if either of the following cases apply.

Development affecting a listed building will only be permitted where it preserves the architectural or historic interest of the building, its features and its setting.

You may also need listed building consent for any works to separate buildings within the grounds of a listed building. Check the position carefully with the council - it is a criminal offence to carry out work which needs listed building consent without obtaining it beforehand.

To check if a property is listed please go to the Images of England web site, which is freely available to use. The listing status and descriptions shown are the listings as at February 2001. Any amendments to the listings since that date are not included on the website.  Any new listings for the NDDC area will be made available as and when appropriate.

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Tree Preservation Orders

Tree Preservation Orders are a mechanism for securing the preservation of single or groups of trees of acknowledged amenity value. A tree subject to a  tree preservation order may not normally be topped, lopped or felled without the consent of the local planning authority.

Further information is available in the Tree Preservation Orders (TPO) - Guidance Leaflet.

Details of all current Orders for trees in North Devon are held in the Planning Unit and these are available for inspection on request.  See Contact Details for information on opening times and telephone numbers.

An official search of the local land charges register can be made before you purchase a property, and this should reveal if there are any TPOs listed at the property. This search will also indicate if the property is in a conservation area.  For more information please go to the Land Charges page.

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Flood Risks

It is necessary for an assessment of the likelihood of flooding in a particular area to be undertaken so that development needs and mitigation measures can be carefully considered.

Development will not be permitted where:-

Unless the identified problems can be overcome by appropriate works that are completed before the development commences.

It is recommended that you refer to the Flooding and water Quality (Policy DVS6) section of the North Devon Local Plan Adopted July 2006 before submitting a planning application.

You can check to see if your property is affected by an area of flood risk by using this link to the Environment Agency Flood Map , entering your Postcode in the search field as indicated.

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Contaminated Land

Land that has been polluted or harmed in some way making it unfit for safe development and usage unless cleaned.

It should be noted that in addition to the planning permission normally required for new building or change of use, a project where land has been determined by the Council as “contaminated land” (as defined by Part IIA of the Environmental Protection Act 1990) may require planning permission if any of the following circumstances apply: -

For more detailed information please refer to the Contaminated Land section on the Environmental Health pages of this web site.

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Area of Outstanding Natural Beauty

An area with statutory national landscape designation, the primary purpose of which is to conserve and enhance natural beauty. Together with National Parks, AONB represent the nation's finest landscapes. AONB are designated by the Countryside Agency.

In an Area of Outstanding Natural Beauty, development that conflicts with the conservation and enhancement of its natural beauty, wildlife and cultural heritage will not be permitted. Particular care will also be taken to ensure that any development proposed adjacent to such areas does not damage its natural beauty.

It is recommended that you refer to the Area of Outstanding Beauty (Policy ENV2) of the North Devon Local Plan Adopted July 2006 before submitting a planning application.

For further guidance please contact the Planning Unit.