2 Limitation of development rights

12.53 Permitted development rights under Part 6 of the 2015 GDO are, or can be, limited in four situations.

(a) Limitation by Direction

12.54 By virtue of Art 4 of the GDO the Secretary of State or planning authority can give a direction that permitted development rights shall not apply with the consequence that planning permission must be obtained.

(b) Article 2(3) and (4) Land

12.55 In the case of land designated by Arts 2(3) and 2(4), the rights conferred by the GDO are in some cases more limited. This chiefly relates to land in National Parks, and some areas adjacent thereto specified in Sch 1, Part 2. ‘Article 2 (3) land’ is defined by Sch 1, Part 2 of the GDO to include land within a National Park, an area of outstanding beauty, a designated conservation area, certain areas designated under s 41(3) of the Wildlife and Countryside Act 1981, and the Broads. By virtue of Sch 1, Part 3 ibid, ‘Art 2(4) land’ comprises all land within a National Park, plus specified areas adjacent thereto. These are specified in some detail in Sch 1, Part 3.

12.56 GDO rights are more restricted in these areas, primarily to protect sensitive landscape and wildlife areas, GDO rights under Part 1 (enlargement or alteration of dwelling houses) and Part 8 (industrial development) of Sch 2 are, for example, more restricted within Art 2(3) land areas. This does not, however, affect the application of Part 6 rights (discussed below) for agricultural development.

(c) Holdings of less than 5 Hectares

12.57 Full development rights are withdrawn from holdings of less than 5 hectares. Development on units of less than 5 hectares is subjected to a more restrictive regime set out in Class B of Part 6.

(d) European Wildlife Sites

12.58 Implementing the EU Habitats Directive,¹¹³ the Conservation of Habitats and Species Regulations 2010¹¹⁴ limit the applicability of GDO rights in or near a designated Special Area of Conservation (SAC), or a Special Protection Area (SPA) designated under the Wild Birds Directive.

(e) Relationship with Agricultural User exemption

12.59 Compare in these cases the agricultural user exemption in s 55(2) (e) (above). If no new ‘development’ is involved, then agricultural user rights on existing land and/or buildings cannot be removed by an Art 4 direction; neither are they affected in any way if the land concerned is in a National Park or other designated area of outstanding beauty. A clear distinction must be drawn, therefore, between the use of existing buildings and land for agricultural purposes (s 55(2)(e)) and the erection or alteration of buildings or other installations (to which Sch 2, Part 6 of the GDO applies).