Town and Country Planning (General Permitted Development) (England) (Amendment) (No.3) Order 2021
1. Introduction
The Town and Country Planning (General Permitted Development) (England) (Amendment) (No.3) Order 2021 (the 2021 No.3 Order) is a statutory instrument that modifies the General Permitted Development Order (GPDO) 2015. It introduces a series of technical changes, clarifications and extensions to the classes of development that may be carried out without the need to apply for planning permission.
These amendments are part of a broader government agenda to streamline the planning system, reduce unnecessary bureaucracy, and support the delivery of housing, infrastructure and the renewal of commercial and industrial sites.
2. Legislative Context
The GPDO 2015 consolidated many earlier permitteddevelopment provisions into a single framework. The 2021 No.3 Order is one of several amendment orders made in 2021 (No.1, No.2 and No.3) and each focuses on different policy priorities.
Key statutory references:
- Town and Country Planning Act 1990
- Planning (Listed Buildings and Conservation Areas) Act 1990
- National Planning Policy Framework (NPPF) especially paragraphs relating to simplifying the planning process.
3. Main Amendments Introduced
3.1 Extension of Permitted Development Rights for Residential Conversions
Class A (part 1) conversion of agricultural buildings to residential use now includes certain outbuildings that were previously excluded, provided the total floorarea does not exceed 150m and the conversion meets the new reuse criteria (e.g., proximity to existing services, no adverse impact on the surrounding rural character).
3.2 New Provisions for SmallScale Solar Installations
Class O temporary structures is amended to allow solar photovoltaic (PV) panels up to 10kW on residential and nondomestic roofs without a planning application, subject to a minimum 2metre setback from the roof edge and compliance with building regulations.
3.3 Changes to the Neighbour Consultation Requirement
The order clarifies that for certain types of development (e.g., change of use from office to residential under Class C2), a written neighbour consultation is no longer required when the development meets the new size thresholds (floorarea 300m) and is located within a designated Strategic Development Zone.
3.4 Amendments to Agricultural Buildings Agricultural Use Class
Class B Agricultural buildings now includes the construction of small, temporary storage structures for harvested crops, up to 80m, provided they are dismantled within 12 months of use.
3.5 Revised PostCompletion Inspection Regime
Local planning authorities (LPAs) must now conduct a single postcompletion inspection within 12 months for developments that fall under the amended Class A and Class C categories, replacing the previous requirement for two inspections.
3.6 Simplified Change of Use Pathways for Offices
Class C2 change of use from office to residential is expanded to cover conversions where the total floorarea does not exceed 1,000m, without the need for a prior planning application, provided the development satisfies the new sustainability criteria (e.g., provision of at least 10% renewable energy onsite).
4. Rationale Behind the Amendments
The governments primary objectives are:
- Housing delivery: By easing the conversion of underused agricultural and office buildings, more homes can be built faster.
- Renewable energy uptake: Reducing the planning burden for small solar installations encourages homeowners and small businesses to adopt greener technologies.
- Administrative efficiency: Streamlining neighbour consultation and inspection requirements cuts costs for LPAs and reduces delays for developers.
- Rural protection: The amendments retain safeguards for the character of the countryside by limiting size and imposing design criteria.
5. How the Order Affects Stakeholders
5.1 Property Owners and Developers
Owners of agricultural buildings now have a clearer, more straightforward route to converting structures into dwellings. Developers of officetoresidential schemes can benefit from larger permissible floorareas, reducing the need for costly planning applications.
5.2 Local Planning Authorities
LPAs need to update their internal guidance and public portals to reflect the new thresholds and procedural changes. Training staff on the revised postcompletion inspection timeline is essential to maintain compliance.
5.3 Community and Neighbourhood Groups
While the removal of mandatory neighbour consultation for certain smallscale projects may be seen as a loss of influence, the order still requires developers to provide a development statement summarising potential impacts, which must be made publicly available.
5.4 Environmental Organisations
The facilitation of small solar PV installations aligns with climatechange goals, but NGOs have called for stronger monitoring of cumulative impacts, especially where multiple small installations appear in a single locality.
6. Compliance and Enforcement
Failure to comply with the conditions attached to the permitteddevelopment rights can result in enforcement action, including:
- Orders for remedial works or removal of noncompliant structures.
- Financial penalties up to 30,000 for serious breaches.
- Prosecution for repeated or willful noncompliance.
LPAs are encouraged to use the Planning Enforcement Toolkit (available on the Ministry of Housing, Communities & Local Government website) to assess alleged breaches.
7. Interaction with Other Legislation
The 2021 No.3 Order must be read alongside:
- Building Regulations 2010 especially Part L (conservation of fuel and power).
- The Energy Act 2013 for renewableenergy related provisions.
- Local Development Plans which may impose additional restrictions or require the use of reserved matters.
Where a conflict exists, the more restrictive provision will prevail.
8. How to Apply the Order in Practice
- Determine the class of development: Review Schedule 2 of the GPDO 2015 (as amended) to locate the relevant class.
- Check the thresholds: Verify that the proposed work falls within the floorarea, height and usage limits introduced by the 2021 No.3 Order.
- Conduct a Permitted Development Rights test: Use the online PD Checker tool provided by the Planning Portal to confirm eligibility.
- Prepare required documentation: For certain classes, a Prior Notification to the LPA is still mandatory (e.g., change of use from office to residential).
- Submit the notification: Include a site plan, floorarea calculations, sustainability statement and any required design and access statements.
- Await LPA response: The authority has 21 days to object. If no objection is raised, the development may proceed.
- Postcompletion inspection: Arrange for the single inspection within 12 months as stipulated.
9. Future Outlook
Further amendments to the GPDO are expected as the government continues to balance the need for rapid housing delivery with environmental and heritage protections. Stakeholders should monitor upcoming consultation documents, particularly those related to the National Development Framework and potential changes to the Neighbourhood Planning regime.
10. Useful Resources
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