The Town and Country Planning (General Permitted Development) (England) Order 2015

Class A – gas transporters

Permitted development

A.  Development by a gas transporter required for the purposes of its undertaking consisting of—

(a) the laying underground of mains, pipes or other apparatus;

(b) the installation in a gas distribution system of apparatus for measuring, recording, controlling or varying the pressure, flow or volume of gas, and structures for housing such apparatus;

(c) the construction in any storage area or protective area specified in an order made under section 4 of the Gas Act 1965 (storage authorisation orders)(1), of boreholes, and the erection or construction in any such area of any plant or machinery required in connection with the construction of such boreholes;

(d) the placing and storage on land of pipes and other apparatus to be included in a main or pipe which is being or is about to be laid or constructed in pursuance of planning permission granted or deemed to be granted under Part 3 of the Act (control over development);

(e) the erection on operational land of the gas transporter of a building solely for the protection of plant or machinery;

(f) any other development carried out in, on, over or under the operational land of the gas transporter.

Development not permitted

A.1  Development is not permitted by Class A if—

(a) in the case of any Class A(b) development involving the installation of a structure for housing apparatus exceeding 29 cubic metres in capacity, that installation would be carried out at or above ground level, or under a highway used by vehicular traffic;

(b) in the case of any Class A(c) development—

(i) the borehole is shown in an order approved by the Secretary of State for the purpose of section 4(6) of the Gas Act 1965; or

(ii) any plant or machinery would exceed 6 metres in height;

(c) in the case of any Class A(e) development, the building would exceed 15 metres in height; or

(d) in the case of any Class A(f) development—

(i) it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected;

(ii) it would involve the installation of plant or machinery exceeding 15 metres in height, or capable without the carrying out of additional works of being extended to a height exceeding 15 metres; or

(iii) it would consist of or include the replacement of any plant or machinery, by plant or machinery exceeding 15 metres in height or exceeding the height of the plant or machinery replaced, whichever is the greater.

Conditions

A.2  Development is permitted by Class A subject to the following conditions—

(a) in the case of any Class A(a) development, not less than 8 weeks before the beginning of operations to lay a notifiable pipe-line, the gas transporter must give notice in writing to the local planning authority of its intention to carry out that development, identifying the land under which the pipe-line is to be laid;

(b) in the case of any Class A(d) development, on completion of the laying or construction of the main or pipe, or at the expiry of a period of 9 months from the beginning of the development, whichever is the sooner, any pipes or other apparatus still stored on the land are removed and the land restored as soon as reasonably practicable to its condition before the development took place (or to any other condition which may be agreed with the local planning authority); and

(c) in the case of any Class A(e) development, approval of the details of the design and external appearance of the building must be obtained, before the development is begun, from—

(i) in Greater London or a metropolitan county, the local planning authority,

(ii) in a National Park, outside a metropolitan county, the county planning authority,

(iii) in any other case, the district planning authority(2).

(1)

1965 c. 36; relevant amendments are made by section 67 of, and Schedule 7 to, the Gas Act 1986 (c. 44), Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c.11), Schedule 4 to the Gas Act 1995 (c. 45) and Schedule 2 to the Planning Act 2008 (c. 29). See section 5(1) of the Gas Act 1965 for the meaning of storage area and protective area.

(2)

See section 1(1) of the Act, which was amended by section 31 of the Greater London Authority Act 2007 (c. 24); there are other amendments not relevant to this Order.