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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.
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.”
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.”
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”.
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
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