Permitted
development
Some types of development known as “permitted development” can be
carried out without the need for a planning application: they are granted
a general planning permission by central government in the
Town and Country Planning (General Permitted Development) Order 1995
or in Scotland the
Town and Country Planning (General Permitted Development) (Scotland)
1992. The list of permitted development rights and the associated
regulations is long and complex.
Examples of types of development likely to affect woodland but allowed by
the Order:
- agricultural buildings & operations
- forestry buildings & operations including upgrading of forestry
tracks
- repairs/upgrading of services by statutory undertakers
- erection of telecommunication / driver information towers
- paintballing/ war games
- small caravan sites
- motocross/ 4x 4 activity
- occasional markets
- clay pigeon shooting.
These activities can take place on sites for a certain amount of
time each year, e.g. war games for up to 28 days per year, and motor
car and motorcycle racing for up to 14 days a year. Generally, the
activities allowed are assumed by government to be relatively
harmless, which is why a planning application is not required.
However, some could be very damaging in woodland, particularly in a
fragile habitat such as ancient woodland.
In addition, the system is open to abuse and often time limits are not
strictly enforced.
What you can do
If you are concerned about a wood which may be suffering damage
through an activity for which no planning application has been
submitted, you should check with the local planning authority whether
this activity falls under the General Permitted Development Order.
If it is, check whether it is complying with the time constraints and
other relevant regulations. If you can gain access legally, monitor
the site to see if there are any breaches of the time limits and
allowed activities and report your findings to the local planning
authority. A planning application should be submitted for uses which
exceed the number of days per year allowed unless the planning
authority takes enforcement action to restrict or terminate the
excessive use.
If you believe an ancient woodland is being used for activities
covered by permitted development rights, please let the Woodland Trust
know (email
or call 01476 581111) as we believe that the Order does not fully
recognise the damaging effect of some of the permitted activities upon
ancient woodland and we are monitoring the effects.
Some permitted development rights such as holding war-games, motor
sports and clay pigeon shoots are automatically restricted in sites of
special scientific interest (SSSIs). Local planning authorities can
also make what is known as an “Article 4” direction to remove
specified categories of permitted development for a specified area and
period. A planning application would then be needed for sites in this
area. In practice, local planning authorities rarely do this as they
would generally need approval from the Secretary of State, and may be
liable for compensation if they then turn down the planning
application.
Find out more
Related sections
Disclaimer.
This information is based on the experiences of the
Woodland Trust and Ancient Tree Forum in dealing with cases of woods
and trees under threat. While its content is intended to broaden
understanding of the process, the Woodland Trust and Ancient Tree
Forum do not accept liability for any errors or omissions or for any
loss arising from use of the information contained herein by other
parties. In any circumstances outside the knowledge and competence of
an individual, he or she should always seek advice from an appropriate
qualified professional such as a surveyor or solicitor depending on
the case. None of the information on this web-page is to be relied
upon as a statement of fact.
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