Local Planning Authority powers

The Government is proposing a new national approach to householder permitted development as a starting point from which local authorities can choose to tighten up or relax controls in particular areas, according to local circumstances.

Local Planning Authorities (LPAs) have powers available to introduce local variations.

An LPA can make orders extending permitted development rights for certain types of development, taking account of a wider planning strategy for its area. These are known as Local Development Orders (LDOs).

Other measures allow LPAs to tighten restrictions on development, removing some or all permitted development rights.

These are known as Article 4 Directions and are generally made to protect against the potential adverse impacts of permitted development and are most common in designated areas such as conservation areas.

The Government is seeking powers under the Planning Bill to strengthen the ability of local authorities to restrict permitted development rights by using Article 4 Directions where they see a need to protect specific neighbourhoods.

Under the new proposed regime if local authorities give 12 months notice of an Article 4 Direction they would no longer be liable for compensation for the withdrawal of permitted development rights.

The Planning Bill also contains a provision to make it quicker and easier to make an LDO by removing the requirement that an LDO can only be made to implement a policy contained in a Development Plan Document.

In addition, the Government intends to amend secondary legislation to withdraw the requirement for the Secretary of State to approve the making of an Article 4 Direction or an LDO.