When are permitted development rights removed?

Permitted development rights are provided by Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (the GPDO). This allows certain types of development to proceed without the need for planning permission.

The most commonly used permitted development rights relate to dwellings. The Order permits householders to undertake alterations and minor extensions, and erect buildings and structures within the property curtilage, without planning permission.

Permitted development rights can be limited or withdrawn. While the general aim is to exclude relatively minor developments from planning control, their scope can be limited or removed by Article 3 restrictions in several ways:

The limits set by the Order are more restrictive for Listed Buildings, Conservation Areas, National Parks and Areas of Outstanding Natural Beauty.

Most development that require an Environmental Impact assessment are exempt from permitted development rights.

Certain types relating to agriculture and telecommunications equipment require prior planning approval to the siting and appearance of these works.

When granting permission, conditions may be attached to the decision that limit or remove permitted development rights. This applies to the individual property, and may restrict further extensions or alterations. You would normally be aware if your property was covered by this restriction, but please contact us at planning@burnley.gov.uk if you are unsure.

Article 4 Directions

Permitted development rights may also be removed by an Article 4 Direction, which defines a specific area where the Council decides to remove all or some of the permitted development rights. Burnley has 3 such areas within the borough (maps available in download section):

  1. Land off Shay Lane, Briercliffe; This Article 4 Direction was issued in April 1975 in order ‘to remove the threat of serious injury to the visual and other amenities currently enjoyed in the Thursden Valley.’ It removes the right to any permitted development on any of the land referred to within it. This means that any proposed development, even that which could normally be carried out without the need to make a planning application, will require planning permission.
  2. Land at Hollins Farm, Red Lees Rd Cliviger/Worsthorne; Article 4 Direction issued August 2007 to prevent the erection of gates, fences, walls or other means of enclosure; to prevent the sub-division of the land and protect the character and appearance of the countryside.
  3. Article 4 Direction: Houses in Multiple Occupation; on 19th June 2024 the council confirmed a ‘non-immediate’ Article 4 Direction which will, once in effect, remove permitted development rights for the change of use from Use Class C3 (dwellinghouses) to C4 (Houses of Multiple Occupation (HMO)). More information on this can be found on the page.

Article 4 Direction: Houses in Multiple Occupation