Permitted Development in Conservation Area. Cladding clause.

planning_officer

iamcornholio wrote: »

My interpretation of this, in basic terms, is that the condition made pursuant to the GDO 1977 is no longer valid as a completely new regime of PD has subsequently come into force, and the "old" PD rules (and conditions imposed related to those rules) are no longer valid. New rights granted by the new GPDO legislation, can not be taken away by the old [no longer valid] GDO

No - this is incorrect.

iamcornholio wrote: »

You will find that the GPDO 1995 (the act which enabled permitted development) supercedes that condition on your 1978 planning application

This is also incorrect.

lohr500 wrote: »

But wasn't Article 3 and Class 1 of the 1977 act all about what was allowed without planning permission? If the GPDO 1995 superceeds it, then wouldn't the clause in the 1978 planning approval transfer to the GPDO 1995?

Yep, this is correct! If an old condition removes PD rights under a previous Order, then it automatically transfers to the new (current) Order. This is a very common, and entirely the correct approach (as confirmed by numerous Appeal Inspectors). Your conservatory will therefore require planning permission.

iamcornholio

Sorry to be pedantic, but anyone can write "that is incorrect" after a comment, but it would be useful to say why or cite a reference

planning_officer

The explanation was given at the end of my post! It was based on several years of professional experience, dealing with numerous appeals - and it is a common concept for anyone involved in planning, so I apologise if my explanation was a bit lacking, although I can assure you that it is entirely correct.

However, to explain: any new permitted development legislation supercedes the previous legislation (the legislation will specifically state at the end that it replaces the previous version), therefore the old condition automatically restricts PD rights under the new classes contained in the new legislation. Most conditions that restrict PD also have the phrase 'the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order)' in them, to emphasise that PD continues to be removed under any new version of the legislation. However, it is not absolutely necessary, as the new legislation just replaces the older version, and as it exists in its place, the older PD conditions continue to apply to the newer legislation.

knowloads

This may help, had a word with Pete at decopierre (Manchester) as I heard about a similar issue with Oxford conservation and planning. They got approval for their system ona new build garden room as the CD and PO wanted them to use stone not quarried for 200 yrs: They got past both issues by copying the stone on house next door. The 'coating' is over concrete block. Pete also mentioned supplying a sample board that was copied from Oxford city walls, as agreed by Conservation officer... result.