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Permitted Development - Path within a park

Jenny Barker, modified 11 Days ago.

Permitted Development - Path within a park

New Member Post: 1 Join Date: 28/04/21 Recent Posts

I am trying to establish if the formation of a hard surfaced path to a play area within a public park owned and managed by the local authority needs planning permission. Part 12 of the GDPO allows for works by LAs but does not specifically mention paths.

The erection or construction and the maintenance, improvement or other alteration by [F1or on behalf of] a local authority or by [F1or on behalf of] an urban development corporation of—

(a)any small ancillary building, works or equipment on land belonging to or maintained by them required for the purposes of any function exercised by them on that land otherwise than as statutory undertakers;

(b)lamp standards, information kiosks, passenger shelters, public shelters and seats, telephone boxes, fire alarms, public drinking fountains, horse troughs, refuse bins or baskets, barriers for the control of people waiting to enter public service vehicles, electric vehicle charging points and any associated infrastructure, and similar structures or works required in connection with the operation of any public service administered by them.

I would think this is covered under works on land belonging or maintained by them for a function exercised by them. However the LPA have a different view. Making a planning application brings in BNG requirements and therefore additional time and costs. I would welcome others views and or experience?

general permitted development
Jeff Downing, modified 11 Days ago.

RE: Permitted Development - Path within a park

New Member Posts: 5 Join Date: 16/08/19 Recent Posts

...to throw something else into the mix and asdk a question. Most undeveloped urban land (including parks) is old disused landfill.

Would PD rights apply blindly or would they be reduced due to already known risks of using such land? Its only a path in this example, but the GDPO covers quite a lot more..

If it was adverse ground under a better surface (like many urban parks are) the formation of a hard surfaced path could excavate into that adverse material, and where there is a ground gas still being produced users of small ancillary buildings could be at risk, as would be electrical installations from sparks and or damage from organics (lamps, e'kiosks,EV charging points). the public drinking fountains would have the water pipes potentially going through adverse material and so also need consideration (and as this drinking water is taken from the water company and provided by the LA to others, it could be a new Regulation 8 supply requireing risk assessment by the council on behalf of the DWI. The risk assessment would want the pipework to be protected). 

It does looks to be covered under works on land belonging or maintained by them for a function exercised by them, but there used to be requirement for risks to be considered openly as they would be by other developers.