Expansion of "Highways" Definition in Permitted Development

[Ferdinand]

I'm quite possibly out of my depth on this one, but the latest version of the General Permitted Development Order seems significantly to extend the definition of "Public Highway" to things that were previously private roads etc, and therefore brings more projects within the scope of Planning etc under "fronting a public highway".

 

I picked this up from a thread on Gardenlaw where a Council has decided that Planning Permission is necessary for a front dormer window overlooking a private road on private land that was not thought previously (by the Council! in writing) to be a Highway.

 

The thread is here:

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=8&t=20055

 

Quoting two relevant bits:

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?p=196575#p196575

Quote

https://www.gov.uk/government/uploads/s ... idance.pdf

Page 6 - 2015 GPDO
“Highway” – is a public right of way such as a public road, public footpath and bridleway. For the purposes of the Order it also includes unadopted streets or private ways.

Compare this with 2014 version - page 13
http://webarchive.nationalarchives.gov. ... idance.pdf

A highway will usually include public roads (whether adopted or not) as well as public footpaths and bridleways, but would not include private driveways.

 

and this:

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?p=196630#p196630

Quote

The following may not be relevant for my project since I had initiated work before GPDO 2015 came in force but just for academic discussion-
GPDO 2015 states -

Interpretation of Part 1
I. For the purposes of Part 1—
“highway” includes an unadopted street or a private way;

And Private way is defined as - 
“private way” means a highway not maintainable at the public expense and any other way
other than a highway;

Combining the two of these definitions, the statute seems to have changed significantly effective bringing all kinds of ways into the Highways definition for the purpose of part 1 of GPDO.

 

Some of us renovate on private lanes and paths, so this could be significant.

Can anyone comment, or have the time to explore this a little? Gardenlaw's resident Planning guru, Pilman, was reduced to "probably". You need to read the thread.

 

Thanks

 

Ferdinand

 

Edited July 26, 2016 by Ferdinand