Permitted Development Rights
Permitted Development Rights
Permitted Development Rights are also known as 'permitted development' (PD) as set out in the Town & Country Planning (General Permitted Development) Order (GPDO) 1995. This covers works that do not require planning permission.
Schedule 2 of the GPDO (Statutory Instrument 418 1995), specifies all the different types of permitted development rights and the various limitations which apply. The current schedule is divided into 33 parts, for details, please click here. Each part relates to a particular category of development. Permitted Development rights are generally more restrictive within conservation areas and Areas of Outstanding Natural Beauty (AONB), such as Cannock Chase. Please consult the Planning Portal website for more information on what is considered to be permitted development rights by clicking here.
Removal of Permitted Development Rights
Local Planning Authorities have the power to withdraw permitted development rights in addition to the restrictions as set out in the GPDO. These are known as Article 3 and Article 4 Directions.
Article 3 Directions
There is no specific legal definition on what an Article 3 Direction is, as set out in the current Regulations. Such a Direction may involve greater planning restrictions, such as enclosing gardens within open-plan housing estates and creating new access points on classified/trunk roads. It may also be in the form of a planning condition that are given as part of planning permission. However, it is mindful that restrictions such as restriciting enclosure of open-plan gardens can be covered by other non-planning legislation such as 'covenants'. It is advisable that you check conditions and directions by requesting a Personal Search that is carried out by the Local Land Charges team. For more information about the Personal Search Procedure, please click here.
Article 4 Directions
Stafford Borough has two designated Article 4 Directions that take away permitted development rights within conservation areas. Such restrictions include the painting of unpainted walls, removal of chimney stacks, removal of timber walls and windows. As with listed buildings, like for like repairs are usually permitted.
Currently, there are two Article 4 Directions designated within Stafford Borough:
For further queries and advice on the above please contact the Contact Centre: (01785) 619337 or e:mail planning@staffordbc.gov.uk.