A Little Less Regulation: MHCLG consults on new PD Rights for Conservation works under EDPS (and other things)

I have a conspiracy theory that significant planning announcements are somehow timed to coincide with my having fun.

Last week’s draft National Scheme of Delegation Regulations were published in the same week as two really fun conferences. This week, sandwiched between the Women of Influence reception and my office’s summer drinks, we have a consultation on new permitted development rights. Some of which are pretty consequential.

The “Permitted development rights: schools, assets of community value, defence and conservation” consultation opened today, and runs until 5 August 2026.

The consultation proposes:

• extending the current temporary permitted development right that allows for temporary buildings on school land where the school has a building effected by reinforced autoclaved aerated concrete (RAAC) by a further two years. The PR Right is currently due to lapse on until 24 October 2026, and the proposal is to extend it until 24 October 2028
• excluding all registered assets of community value from the permitted development right that allows for the demolition of buildings – meaning that demolishing a registered asset of community value would require planning permission moving forward
• amending the permitted development right that allows for development by the Crown on closed defence sites to make it easier for the Crown to use. The proposed changes include:
  • increasing the % threshold of total floor space that can be developed within a closed defence site
  • changing the prior approval triggers from a cumulative floorspace trigger tied to overall development on the site, to non-cumulative trigger tied to the amount of development in a particular development
  • tweaking the rules around how proximity to the site boundaries, and height limits; and
  • changing the definitions of a closed defence site and “non-residential buildings” so they refer to sites and buildings “used wholly or mainly for purposes connected to defence”
• introducing a new permitted development right for Natural England to cover some works required for the purposes of its functions relating to the implementation of an EDP and ongoing maintenance of that site.

That last one is potentially really quite radical – so it is worth spending a bit more time on.

New EDP Related Permitted Development Right

The intention is to provide a new PD Right for development undertaken by:

• Natural England or operators on its behalf; including
• contractors
• operators
• and local planning authorities.

That would allow specified types on conservation based development to be carried out without planning permission.

The new PD Right is not proposed to be available on the site of a scheduled monument but would be available on other article 2(3) land (which includes National Parks, the Broads, National Landscapes, conservation areas, and World Heritage Sites) subject to prior approval.

The types of works being considered for inclusion in the PD Right include:

• landscaping, including excavations and deposits (i.e. the creation, maintenance and restoration of ponds; creating ditches or bunds; the modification of rivers to create meanders, wetlands and flooded meadows; scrapes and reprofiling works
• creating fences, footpaths and small scale structures
• the replacement, improvement or alteration of an above ground slurry store
• development associated with a SANG created via an EDP – in particular, a single vehicular access to the SANG, up to 10 car parking spaces, structures for cycle parking, height barriers to control the types of vehicles that can enter the site, and pay and display machines
• temporary buildings, plant, machinery and apparatus for survey or investigation
• the change of use of any land and buildings upon that land to a use for the purposes of the conservation measures in accordance with proposals in an EDP (excluding visitor centres or similar types of use). 

There is a lot more detail on these proposals in the consultation, but if adopted, this new PD Right would be a very powerful tool for Natural England (and others authorised by Natural England) to use when implementing EDPs.

Definitely something to keep an eye on.