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6.0 KEY PRINCIPLES
The research objectives listed in section 1.0 indicate that, among other considerations, there is a concern to improve the overall effectiveness of the GPDO and to ensure that terminology is up to date in its expression, and how it could be made more consistent, clearer and comprehensible.
These concerns are reinforced in the responses to the questionnaire surveys, follow-up interviews and workshops, and individual letters of response. Whilst these demonstrated a range of views on the scope for detailed changes to individual Parts and Classes of the GPDO, there was a consensus among all stakeholders that the GPDO as currently drafted was a very complex and confusing document and a priority for reform should be to reduce its complexity, simplify its language and make it easier to understand and use.
In addition, whilst the audit of the GPDO in relation to current government policy indicates some areas of conflict which specific recommendations seek to resolve, overall the audit concludes that, in its scope, the GPDO does not, on balance, impede the implementation of policy, given its focus on delimiting minor development for the purpose of granting a general planning permission, and the specification of limitations and exclusions where considered appropriate. However, we do consider that there is scope to assist broad policy objectives by ensuring that the reform of the GPDO adheres to four key principles.
Comprehensibility
Easing interpretation and understanding, thus minimizing scope for unintended unauthorized developments (with implications for enforcement resources and the number of enquiries to planning authorities about PDR), should also enable more consistent advice by planning authorities and consistency of treatment of developers.
Minimizing the use of terminology and deployment of criteria that create uncertainty of outcome for developers, and replacing these with clear objective tests of compliance ( e.g. "significant extension", "material change in external appearance"). Minimising the need for prior approval of the planning authority will also reduce scope for discretion and associated uncertainty of outcome, as well as reduce the volume of notifications to planning authorities (but ensuring that, where required in the interests of health and safety, prior notification obligations are clear and unambiguous). These will also assist with both clarity and consistency.
Clarity
The GPDO should be written in plain English as far as possible, and in the descriptions of permitted development classes, limitations, conditions and exclusions, the language and format should assist user-friendliness by making clear which development rights are being granted under what circumstances.
Consistency
There are acknowledged inconsistencies between different categories of PDR and the limitations which apply to them. As far as possible we have sought to minimize such inconsistencies in our recommendations for reform, and taken the opportunity to extend this consistency in the treatment of minor development by extending PDR for micro-generation and aspects of waste management.
Simplicity
Minimizing the number of separate PD classes by rationalizing GPDO Parts into fewer Classes. This will also assist comprehensibility.
The main areas of change to PDR therefore focus on:
- improving comprehensibility by making the GPDO easier to understand, interpret and use, including a new format for the presentation of PDR;
- Clarifying permitted development for private ways, agricultural operations and private ways, and the PDR available to statutory undertakers and their lessees;
- Improving consistency in treatment of minor developments where justified by circumstances: e.g. in relation to permitted development within designated areas, and PDR for farm and forestry buildings; extending PDR for industrial and warehouse development; providing for new categories of permitted development associated with micro-generation and minor development ancillary to waste management operations.
- SimplifyingPDR as far as possible, and thereby reducing the uncertainties associated with interpretation of criteria and terminology, and by reducing the need for prior approval of the planning authority;
The next sections set out our recommendations for major and minor reform of the GPDO together with their underpinning rationales.
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