Act Guide to the GDPO
Town and Country Planning (General Permitted Development Order) (Amendment) (No2) (England) Order 2008
What is the GDPO 2008?
The GPDO 2008 came into force on 1st October 2008, amending the previous order – the Town and Country Planning (General Permitted Development) Order 1995.
The GDPO 2008 exempts certain activities from the Town and Country Planning Act 1990 (as amended), an act which generally prohibits any development without planning permission. ‘Development’ is defined as:
The carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
What does the Order do?
The GDPO 2008 was introduced in an effort to reduce the burden of applications on planning departments. For a full explanation of the consultation process and the government’s assessment of the impact of the new rules, you can read the explanatory memorandum at http://www.opsi.gov.uk/si/si2008/em/uksiem_20082362_en.pdf
The order removes further developments from the requirements under the TCPA 1990. This means it is less likely that any work you wish to undertake requires planning permission.
The Order amends Part 1 of the 1995 Order. For developments in other categories, such as work involving fences or walls, you should still look to the 1995 Order.
Do the exemptions apply to Building Regulations?
Just because the work does not require planning permission does not mean you are exempt from Building Regulation requirements.
You should always check to ensure that you have the necessary Building Regulations consents and completion certificates for any work you undertake. If you are having new windows or gas fittings installed, or are having electrical work undertaken and your workman tells you that the work does not require consent, you should always check they have the necessary qualifications to do the work and to issue the necessary completions certificate.
How do I find out whether works are exempt?
First, you should decide which parts of the Orders apply to your works.
There are different categories of work. Within each category there are different classes.
The main categories of concern to most house owners are:
Classes of developments within a property containing a house (Part 1):
Class A: exemptions for enlargement, improvements or other alterations to a house
Class B: the enlargement of a house consisting of an alteration to the roof
Class C: any other alteration to the roof of the house
Class D: the erection of a porch
Class E: the erection of any ‘building, enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building; or
the erection or creation of a container for storing oil for domestic heating
Class F: the creation or alteration of a hard surface
Class G: the installation, alteration or replacement of a chimney flue, soil or vent pipe
Class H: the installation, alteration or replacement of a microwave antenna
Classes of ‘minor developments’ (Part 2):
Class A.1: erecting, maintaining or altering a gate, fence, wall or other enclosure
Class B.1: Creating access to a road
Class C.1: Painting the exterior of any building work
Class D.1 Change of use of a building (between similar retail uses)
There is a list of the other categories at the end of this article.
The New Part 1:
Class A
The GDPO 2008 Order grants an exemption for the enlargement, improvement or other alteration of a house. The extension or alteration is allowed, provided it:
i does not increase the amount of ground buildings on the property cover to over 50% of the total area of the property
ii is not higher at any point than the original height of the house
iii does not increase the height of the eaves at any point from the original eaves
iv does not extend a ‘front’ or side wall fronting an adjoining road closer to that road
v consists of a single storey extension and extends no more than 3 metres beyond the rear wall of the house (4 in the case of detached houses)
vi consists of a single storey extension and is no more than 4 metres high
vii consists of an extension with more than one storey and is not more than 3 metres beyond the original rear wall
viii consists of an extension with more than one storey and is not within 7 metres of any boundary opposite the rear wall
ix is not within 2 metres of a boundary and the height of the eaves of the enlarged part would exceed 3 metres
x is not an extension to a side wall which is more than 4 metres high, more than one storey or extend the width of the house by more than 50%
xi is not the construction of a veranda, balcony or raised platform
xii is not the installation, alteration or replacement of a microwave antenna, chimney, flue or vent
Houses in specific areas (‘article 1(5) land’) – the most common of these being conservation areas and National Parks Article - have further restrictions on the exemption:
xiii alterations to the exterior finish of the house are not exempt
xiv no extensions to the side walls are permitted under the exemption
xv no extension of more than one storey are included within the exemption which would extend the rear wall of the original house
Anyone using the Class A exemption must ensure:
1. any work to the exterior must be of similar appearance and undertaken using similar materials (except in the case of the construction of a conservatory)
2. any upper floor window located in a side wall or roof slope on the side of the house must be ‘obscure glazed’ and non-opening, unless the parts which can be opened are more than 1.7 metres above the floor of the room in which the window is installed
3. where the enlarged part of the house has more than one storey, the roof pitch of the enlarged part has to be (as far as is practicable) the same as the roof pitch of the existing roof.
Class A exemption does not apply to any alterations to the existing roof.
Class B
This generally affects loft conversion. Additions and alterations to a roof in order to enlarge the house are generally permitted provided that:
i the roof does not end up higher than it was previously
ii the materials and appearance are generally the same
iii the roof is not extended beyond the original at the front
iv the area is not increased by more than 50 cubic metres (or 40 cubic metres for terraced houses)
v a veranda, balcony or other raised platform is not built
vi the house is not on article 1(5) land
vii any window on a roof slope at the side of the house is ‘obscure glazed’ and non opening unless the parts of the window which open are more than 1.7m above the floor of the room in which the window is installed
Class C
Any other alterations to a roof (where the house isn’t being enlarged) are permitted, provided:
i the alteration ‘would not protrude more than 150 millimetres beyond the plne of the slope of the original roof when measured from the perpendicular with the external surface of the original roof’
ii the alteration does not end up forming the highest part of the roof
iii there are no chimneys, flues, vent pipes, solar panels or solar heaters
Again, windows on side roof slopes must be ‘obscure glazed’ and non opening unless the opening part is more than 1.7m above the floor of the room in which the window is installed.
Class D
There is a general exemption for the construction of a porch outside any door provided it is not more than 3 metres high, within 2 metres of a boundary or more than 3 square metres in area.
Class E
The exemption for the construction of a building, enclosure swimming or other pool within the property but not part of house applies if:
i the total ground covered by buildings, enclosures, swimming or other pools on the property does not exceed 50% of the total area
ii the development does not extend beyond the front of the house
ii the building is not more than one storey
ii the building is not more than 3 metres high (or 4 metres high if it has a dual pitched roof)
iii the building is not more than 2.5 metres high if the building is within 2 metres of a boundary
iv the property does not feature a listed building
v the building does not include a veranda, balcony or raised platform
vi the development does not relate to a dwelling or a microwave antenna
vii the capacity of the container would not exceed 3,500 litres
Special provisions relate to article 1(5) land.
This Class includes developments for the keeping of livestock ‘for the domestic needs or personal enjoyment of the occupants’.
Class F
The creation, alteration or replacement of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse is permitted, unless:
i the hard surface is at the ‘front’ of the house and between the house and a road
ii the area of ground covered would exceed 5 metres square.
However, developments permitted by this class should only be carried out if the hard surface is made from porous materials or provision for run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwelling house
Town and Country Planning (General Permitted Development Order) (Amendment) (No2) (England) Order 2008
What is the GDPO 2008?
The GPDO 2008 came into force on 1st October 2008, amending the previous order – the Town and Country Planning (General Permitted Development) Order 1995.
The GDPO 2008 exempts certain activities from the Town and Country Planning Act 1990 (as amended), an act which generally prohibits any development without planning permission. ‘Development’ is defined as:
The carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
What does the Order do?
The GDPO 2008 was introduced in an effort to reduce the burden of applications on planning departments. For a full explanation of the consultation process and the government’s assessment of the impact of the new rules, you can read the explanatory memorandum at http://www.opsi.gov.uk/si/si2008/em/uksiem_20082362_en.pdf
The order removes further developments from the requirements under the TCPA 1990. This means it is less likely that any work you wish to undertake requires planning permission.
The Order amends Part 1 of the 1995 Order. For developments in other categories, such as work involving fences or walls, you should still look to the 1995 Order.
Do the exemptions apply to Building Regulations?
Just because the work does not require planning permission does not mean you are exempt from Building Regulation requirements.
You should always check to ensure that you have the necessary Building Regulations consents and completion certificates for any work you undertake. If you are having new windows or gas fittings installed, or are having electrical work undertaken and your workman tells you that the work does not require consent, you should always check they have the necessary qualifications to do the work and to issue the necessary completions certificate.
How do I find out whether works are exempt?
First, you should decide which parts of the Orders apply to your works.
There are different categories of work. Within each category there are different classes.
The main categories of concern to most house owners are:
Classes of developments within a property containing a house (Part 1):
Class A: exemptions for enlargement, improvements or other alterations to a house
Class B: the enlargement of a house consisting of an alteration to the roof
Class C: any other alteration to the roof of the house
Class D: the erection of a porch
Class E: the erection of any ‘building, enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building; or
the erection or creation of a container for storing oil for domestic heating
Class F: the creation or alteration of a hard surface
Class G: the installation, alteration or replacement of a chimney flue, soil or vent pipe
Class H: the installation, alteration or replacement of a microwave antenna
Classes of ‘minor developments’ (Part 2):
Class A.1: erecting, maintaining or altering a gate, fence, wall or other enclosure
Class B.1: Creating access to a road
Class C.1: Painting the exterior of any building work
Class D.1 Change of use of a building (between similar retail uses)
There is a list of the other categories at the end of this article.
The New Part 1:
Class A
The GDPO 2008 Order grants an exemption for the enlargement, improvement or other alteration of a house. The extension or alteration is allowed, provided it:
i does not increase the amount of ground buildings on the property cover to over 50% of the total area of the property
ii is not higher at any point than the original height of the house
iii does not increase the height of the eaves at any point from the original eaves
iv does not extend a ‘front’ or side wall fronting an adjoining road closer to that road
v consists of a single storey extension and extends no more than 3 metres beyond the rear wall of the house (4 in the case of detached houses)
vi consists of a single storey extension and is no more than 4 metres high
vii consists of an extension with more than one storey and is not more than 3 metres beyond the original rear wall
viii consists of an extension with more than one storey and is not within 7 metres of any boundary opposite the rear wall
ix is not within 2 metres of a boundary and the height of the eaves of the enlarged part would exceed 3 metres
x is not an extension to a side wall which is more than 4 metres high, more than one storey or extend the width of the house by more than 50%
xi is not the construction of a veranda, balcony or raised platform
xii is not the installation, alteration or replacement of a microwave antenna, chimney, flue or vent
Houses in specific areas (‘article 1(5) land’) – the most common of these being conservation areas and National Parks Article - have further restrictions on the exemption:
xiii alterations to the exterior finish of the house are not exempt
xiv no extensions to the side walls are permitted under the exemption
xv no extension of more than one storey are included within the exemption which would extend the rear wall of the original house
Anyone using the Class A exemption must ensure:
1. any work to the exterior must be of similar appearance and undertaken using similar materials (except in the case of the construction of a conservatory)
2. any upper floor window located in a side wall or roof slope on the side of the house must be ‘obscure glazed’ and non-opening, unless the parts which can be opened are more than 1.7 metres above the floor of the room in which the window is installed
3. where the enlarged part of the house has more than one storey, the roof pitch of the enlarged part has to be (as far as is practicable) the same as the roof pitch of the existing roof.
Class A exemption does not apply to any alterations to the existing roof.
Class B
This generally affects loft conversion. Additions and alterations to a roof in order to enlarge the house are generally permitted provided that:
i the roof does not end up higher than it was previously
ii the materials and appearance are generally the same
iii the roof is not extended beyond the original at the front
iv the area is not increased by more than 50 cubic metres (or 40 cubic metres for terraced houses)
v a veranda, balcony or other raised platform is not built
vi the house is not on article 1(5) land
vii any window on a roof slope at the side of the house is ‘obscure glazed’ and non opening unless the parts of the window which open are more than 1.7m above the floor of the room in which the window is installed
Class C
Any other alterations to a roof (where the house isn’t being enlarged) are permitted, provided:
i the alteration ‘would not protrude more than 150 millimetres beyond the plne of the slope of the original roof when measured from the perpendicular with the external surface of the original roof’
ii the alteration does not end up forming the highest part of the roof
iii there are no chimneys, flues, vent pipes, solar panels or solar heaters
Again, windows on side roof slopes must be ‘obscure glazed’ and non opening unless the opening part is more than 1.7m above the floor of the room in which the window is installed.
Class D
There is a general exemption for the construction of a porch outside any door provided it is not more than 3 metres high, within 2 metres of a boundary or more than 3 square metres in area.
Class E
The exemption for the construction of a building, enclosure swimming or other pool within the property but not part of house applies if:
i the total ground covered by buildings, enclosures, swimming or other pools on the property does not exceed 50% of the total area
ii the development does not extend beyond the front of the house
ii the building is not more than one storey
ii the building is not more than 3 metres high (or 4 metres high if it has a dual pitched roof)
iii the building is not more than 2.5 metres high if the building is within 2 metres of a boundary
iv the property does not feature a listed building
v the building does not include a veranda, balcony or raised platform
vi the development does not relate to a dwelling or a microwave antenna
vii the capacity of the container would not exceed 3,500 litres
Special provisions relate to article 1(5) land.
This Class includes developments for the keeping of livestock ‘for the domestic needs or personal enjoyment of the occupants’.
Class F
The creation, alteration or replacement of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse is permitted, unless:
i the hard surface is at the ‘front’ of the house and between the house and a road
ii the area of ground covered would exceed 5 metres square.
However, developments permitted by this class should only be carried out if the hard surface is made from porous materials or provision for run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwelling house
Class G
The replacement, installation or alteration of a chimney, flue, soil or vent pipe is permitted provided:
i the height of the development would exceed the highest part of the roof by 1 metre or more
ii the development is on the roof at the ‘front’ or side of the house, or a part which fronts a road
Class H
The installation, alteration or replacement of a microwave antenna is subject to the following restrictions:
i there should not be more than two antennas
ii the antenna should not be more than 100cm in length
iii if the antenna is installed on a chimney then it should not be more than 60cm in length and should not be higher than the chimney
iv the antenna should not have a capacity of more than 35 litres
v if the roof its being installed on does not have a chimney, the antenna should not protrude higher than the highest part of the roof
vi if the roof does have a chimney, the antenna should be no higher than the chimney and no higher than 60cm from the highest part of the roof other than the chimney
vii if there are two antennas on the property, one must be 100cm or less and the other 60cm or less
Other restrictions apply to houses on article 1(5) land.
The replacement, installation or alteration of a chimney, flue, soil or vent pipe is permitted provided:
i the height of the development would exceed the highest part of the roof by 1 metre or more
ii the development is on the roof at the ‘front’ or side of the house, or a part which fronts a road
Class H
The installation, alteration or replacement of a microwave antenna is subject to the following restrictions:
i there should not be more than two antennas
ii the antenna should not be more than 100cm in length
iii if the antenna is installed on a chimney then it should not be more than 60cm in length and should not be higher than the chimney
iv the antenna should not have a capacity of more than 35 litres
v if the roof its being installed on does not have a chimney, the antenna should not protrude higher than the highest part of the roof
vi if the roof does have a chimney, the antenna should be no higher than the chimney and no higher than 60cm from the highest part of the roof other than the chimney
vii if there are two antennas on the property, one must be 100cm or less and the other 60cm or less
Other restrictions apply to houses on article 1(5) land.
Other categories:
Change of use
Temporary buildings
Caravan sites
Agricultural buildings and operations
Mineral working for agricultural purposes
Forestry operations
