The Town and Country Planning General Development (Amendment) Order 1995

Explanatory Note

(This note is not part of the Order)

This Order amends the Town and Country Planning General Development Order 1988 (“the 1988 Order”).

Article 2 amends article 3(1) of the 1988 Order (permitted development) so as to provide that permitted development is subject to the provisions of regulations 60 to 63 of the Conservation (Natural Habitats, &c.) Regulations 1994 which implement Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (O.J. No. L206, 22.7.92, p.7).

Article 3 inserts new Classes F and G of Part 3 of Schedule 2 to the 1988 Order (changes of use). These permit a change of use of a building from Class A1 (shops) or Class A2 (financial and professional services) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 to a mixed use for the purposes of either Class A1 or Class A2 of that Schedule and as a single flat, and from such a mixed use to Class A1 or Class A2 use. A change of use of a building from Class A2 to Class A1 (except where premises have a display window at ground floor level), or from Class A1 to Class A2, is not permitted.

Article 4 amends the definition of “protected building” in Part 6 of Schedule 2 to the 1988 Order (agricultural buildings and operations) to exclude reference to buildings used for special industrial uses. Classes B3 to B7 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (special industrial groups A to E) have been omitted from that Order. (Classes B4 to B7 are omitted by virtue of the Town and Country Planning (Use Classes) (Amendment) Order 1995 (S.I. 1995/297) with effect from 9th March 1995).

Article 5 inserts Part 32 of Schedule 2 to the 1988 Order. This provides permitted development rights for the erection of certain buildings on the site of any school, college, university or hospital.