7 Withdrawal of Permitted Development Rights
12.158 GDO rights for a development which would require an environmental assessment, if a planning application were required, are removed by Art 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015.227 This closes a loophole in the domestic implementation of the Environmental Assessment Directive.
By virtue of Art 3(10) of the 1995 GDO, development is not permitted if an application for planning permission for that development would be a Sch 1 or 2 application under the Environmental Assessment regulations (discussed above) eg one likely to have a ‘significant’ effect on the environment according to the criteria in the 2011 regulations and applicable planning guidance.228 A developer, who wishes to undertake works normally benefiting from permitted development rights, can apply to the local planning authority for a screening opinion to ascertain whether the development requires EIA.229 Any opinion thus obtained can be referred to the secretary of state for his direction.230 If the planning authority deems an EIA to be necessary, and / or the secretary of state so directs, development rights under the GDO are withdrawn and a planning application will be necessary.231
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