Search Legislation

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2012

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement, interpretation and application

1.—(1) This Order may be cited as the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2012 and shall come into force on 6th April 2012.

(2) “Schedule 2” means Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995(1).

(3) This Order applies in relation to England only.

Amendment in relation to agricultural land

2.—(1) Part 6 of Schedule 2 (agricultural buildings and operations) is amended as follows.

(2) In Class A, after paragraph (i) of paragraph A.1 (development not permitted) insert—

(j)any building for storing fuel for or waste from a biomass boiler or an anaerobic digestion system—

(i)would be used for storing waste not produced by that boiler or system or for storing fuel not produced on land within the unit; or

(ii)is or would be within 400 metres of the curtilage of a protected building.

(3) In Class A, in paragraph (1)(a) of paragraph A.2 (conditions) after “for the storage of slurry or sewerage sludge” insert “, for housing a biomass boiler or an anaerobic digestion system, for storage of fuel or waste from that boiler or system, or for housing a hydro-turbine.”

(4) In Class B, after paragraph (e) of paragraph B.1 (development not permitted) insert—

(f)any building for storing fuel for or waste from a biomass boiler or an anaerobic digestion system would be used for storing waste not produced by that boiler or system or for storing fuel not produced on land within the unit.

(5) In Class B, in paragraph B.5 (conditions) after “for the storage of slurry or sewerage sludge” insert “, for housing a biomass boiler or an anaerobic digestion system, for storage of fuel or waste from that boiler or system, or for housing a hydro-turbine.”

(6) In Class D (interpretation of Part 6) after paragraph D.7 insert—

D.8 In Class A(a), “reasonably necessary for the purposes of agriculture” includes, in relation to the erection, extension or alteration of a building, for housing a biomass boiler or an anaerobic digestion system; for storage of fuel for or waste from that boiler or system; or for housing a hydro-turbine.

D.9 In Class B(a), “reasonably necessary for the purposes of agriculture” includes, in relation to the extension or alteration of an agricultural building, for housing a biomass boiler or an anaerobic digestion system; for storage of fuel for or waste from that boiler or system; or for housing a hydro-turbine.

Amendment in relation to forestry land

3.—(1) Part 7 of Schedule 2 (forestry buildings and operations) is amended as follows.

(2) In paragraph A.1 (development not permitted) after paragraph (c) insert—

(d)any building for storing fuel for or waste from a biomass boiler or an anaerobic digestion system would be used for storing waste not produced by that boiler or system or for storing fuel not produced on land which is occupied together with that building for the purposes of forestry.

(3) In paragraph A.3 (interpretation of Class A) after “for the purposes of Class A—” insert—

Development that is reasonably necessary for the purposes of forestry includes works for the erection, extension or alteration of a building for housing a biomass boiler or an anaerobic digestion system; for storage of fuel for or waste from that boiler or system; or for housing a hydro-turbine.

Amendment in relation to domestic microgeneration

4.  In Part 40 of Schedule 2 (installation of domestic microgeneration equipment) in paragraph J (interpretation of Part 40) in the definition of “MSC Planning Standards” delete the words “product or installation”.

Amendment in relation to non-domestic microgeneration

5.  After Part 42 of Schedule 2 (shops or catering, financial or professional services establishments) add Part 43 as set out in the Schedule to this Order.

Signed by authority of the Secretary of State for Communities and Local Government

Greg Clark

Minister of State

Department for Communities and Local Government

5th March 2012

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources