The Town and Country Planning (General Permitted Development) Order 1995 No. 418

Article 3

[F1 SCHEDULE 2 E+W

Textual Amendments

F1 Order revoked (E.) (15.4.2015) by The Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596), art. 1(1), Sch. 4 para. 1 (with arts. 1(2), 8(2)(3))

[F2 PART 1 E+W DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

Textual Amendments

F2 Sch. 2 Pt. 1 substituted (W.) (30.9.2013) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013 (S.I. 2013/1776), arts. 1(1), 2(3), Sch.

Class A E+W

Permitted development E+W

A.   The enlargement, improvement or other alteration of a dwellinghouse.

Development not permitted E+W

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

(a) as a result of the works, the total area of ground covered by buildings within the curtilage of the dwellinghouse (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

(b) the height of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the highest part of the roof of the existing dwellinghouse;

(c) the height of the eaves of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the eaves of the existing dwellinghouse;

(d) the enlarged part of the dwellinghouse would be within 2 metres of the boundary of the curtilage of the dwellinghouse and—

(i) the height of the eaves of any part of the enlarged part which is within 2 metres of the boundary of the curtilage of the dwellinghouse would exceed 3 metres; or

(ii) the height of any part of the enlarged part which is within 2 metres of the boundary of the curtilage of the dwellinghouse would exceed 4 metres;

(e) the enlarged part of the dwellinghouse would extend beyond a wall comprised in the principal elevation of the original dwellinghouse;

(f) the enlarged part of the dwellinghouse would extend beyond a wall comprised in a side elevation of the existing dwellinghouse, and would be nearer to the highway than—

(i) the wall comprised in that side elevation which is nearest to the highway; or

(ii) any point 5 metres from the highway;

whichever is the nearer to the highway;

(g) the enlarged part of the dwellinghouse would extend beyond a wall comprised in a side elevation of the original dwellinghouse, would have a single storey and—

(i) the enlarged part of the dwellinghouse would exceed 4 metres in height; or

(ii) the width of the widest part of the resulting dwellinghouse would exceed the width of the widest part of the original dwellinghouse by more than 50%;

(h) the enlarged part of the dwellinghouse would extend beyond a wall comprised in a side elevation of the original dwellinghouse, would have more than one storey, either in its own right or if considered together with any part of the existing dwellinghouse, and—

(i) the enlarged part of the dwellinghouse would be within 10.5 metres of any boundary which is—

(aa) a boundary of the curtilage of the dwellinghouse; and

(bb) opposite the relevant side elevation;

(ii) the enlarged part of the dwellinghouse would be set back, by less than 1 metre, from the point nearest to that part in any wall comprised in the principal elevation of the original dwellinghouse; or

(iii) the width of the widest part of the resulting dwellinghouse would exceed the width of the widest part of the original dwellinghouse by more than 50%;

(i) the enlarged part of the dwellinghouse would extend beyond the rear wall of the original dwellinghouse, would have a single storey and would —

(i) extend beyond the relevant part or, as the case may be, any of the relevant parts of the rear wall of the original dwellinghouse by more than 4 metres; or

(ii) exceed 4 metres in height;

(j) the enlarged part of the dwellinghouse would extend beyond the rear wall of the original dwellinghouse, would have more than one storey, either in its own right or if considered together with any part of the existing dwellinghouse, and—

(i) the ground floor storey would extend beyond the relevant part or, as the case may be, any of the relevant parts of the rear wall of the original dwellinghouse by more than 4 metres;

(ii) the first floor or higher storey would extend beyond the relevant part or, as the case may be, any of the relevant parts of the rear wall of the original dwellinghouse by more than 3 metres; or

(iii) the first floor or higher storey would be within 10.5 metres of any boundary which is—

(aa) a boundary of the curtilage of the dwellinghouse; and

(bb) opposite the rear wall of the dwellinghouse;

(k) it would consist of or include external wall insulation which projects from that part of the exterior of the dwellinghouse to which it is affixed by more than 16 centimetres; or

(l) it would consist of or include—

(i) the construction or provision of a veranda or raised platform;

(ii) the construction or provision of a balcony which—

(aa) contains a platform of any description;

(bb) projects from the part of the exterior of the dwellinghouse to which it is affixed by more than 30 centimetres;

(cc) if projected downwards in a vertical line to ground level, is within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant side elevation; or

(dd) would be affixed to a wall comprised in the principal elevation of the dwellinghouse;

(iii) the construction or provision of a roof terrace, whether or not it would incorporate associated railings, fencing or other means of enclosure;

(iv) the installation, alteration or replacement of a microwave antenna;

(v) the installation, alteration or replacement of a chimney;

(vi) the installation, alteration or replacement of an air source heat pump, solar PV or solar thermal equipment or a flue forming part of a biomass heating system or combined heat and power system;

(vii) the installation of shutters on any part of the principal elevation of the dwellinghouse; or

(viii) an alteration to any part of the roof of the dwellinghouse, being an alteration which does not fall within paragraphs A.1(l)(i) to(vii).

A.2.   In the case of a dwellinghouse on article 1(5) land or within a World Heritage Site, development is not permitted by Class A if—

(a) it would consist of or include the cladding of any part of the exterior of the existing dwellinghouse with stone, artificial stone, pebble dash, render, timber, plastic, metal or tiles;

(b) it would consist of or include external wall insulation;

(c) the enlarged part of the dwellinghouse would have a single storey, would extend beyond a wall comprised in a side elevation of the original dwellinghouse and would—

(i) extend beyond the relevant part or, as the case may be, any of the relevant parts of a wall comprised in a side elevation of the original dwellinghouse by more than 3 metres; or

(ii) be set back, by less than 1 metre, from the nearest point in any wall comprised in the principal elevation of the original dwellinghouse; or

(d) the enlarged part of the dwellinghouse would have more than one storey, either in its own right or if considered together with any part of the existing dwellinghouse.

Conditions E+W

A.3.   Development is permitted by Class A subject to the following conditions—

(a) the appearance of the materials used in the walls, roof or other element of any exterior work must so far as practicable match the appearance of the materials used in the majority of the equivalent element of the existing dwellinghouse;

(b) if any element of an upper-floor window located in a wall, roof slope or other element of a side elevation of the dwellinghouse would, if projected downwards in a vertical line to ground level, be within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant wall or roof slope, then the window must be—

(i) obscure-glazed;

(ii) non-opening unless any part of the window which can be opened is, when measured at any point along the lowest edge of that part, at least 1.7 metres above the internal floor or stair of the dwellinghouse directly below that point; and

(iii) permanently maintained in compliance with paragraphs A.3(b)(i) and (ii); and

(c) where the enlarged part of the dwellinghouse has more than one storey, the roof pitch of the enlarged part must, so far as practicable, match the roof pitch of the existing dwellinghouse.

Interpretation of Class A E+W

A.4.   For the purposes of paragraph A.1(b)—

(a) in determining the height of the highest part of the roof of the existing dwellinghouse, no account is to be taken of any relevant structure projecting from that roof;

(b) in the determination of the height of the highest part of the dwellinghouse enlarged, improved or altered, account is to be taken of any relevant structure comprised in that part; and

(c) “relevant structure” means any parapet wall, firewall, chimney or other roof furniture or similar structure.

A.5.   In determining the height of the eaves for the purposes of paragraphs A.1(c) and A.1(d)—

(a) the determination is to be made by reference to the point where the external walls of the dwellinghouse would, if projected upwards, meet the lowest point of the upper surface of the roof; but

(b) no account is to be taken of any parapet wall or any part of the roof slope which overhangs the external walls of the dwellinghouse; and

(c) where the existing dwellinghouse has eaves at differing heights, a determination for the purposes of paragraph A.1(c) is to be made by reference to the eaves of the part of the existing dwellinghouse from which the enlarged, improved or altered part of the dwellinghouse extends.

A.6.   For the purposes of paragraphs A.1(e) and A.1(f), the enlarged part of the dwellinghouse is to be determined to extend beyond a wall referred to in those paragraphs if it would be in front of —

(a) In the case of a wall referred to in paragraph A.1(e)—

(i) that wall in its original form; or

(ii) that wall as it would exist if its original form were to have been extended, continuing the line of the wall, from each of its side edges to the boundary of the present curtilage of the dwellinghouse; or

(b) In the case of a wall referred to in paragraph A.1(f)—

(i) that wall as it exists; or

(ii) that wall as it would exist if it were to be extended, continuing the line of the wall, from each of its side edges to the boundary of the curtilage of the dwellinghouse.

A.7.   In determining the height of the enlarged part of the dwellinghouse for the purposes of paragraph A.1(g)(i) or A.1(i)(ii), account is to be taken of any parapet wall, firewall, chimney or other roof furniture or similar structure comprised in that part.

A.8.   For the purposes of paragraph A.1(g)(ii) or A.1 (h)(iii) “resulting dwellinghouse” means the dwellinghouse as enlarged, improved or altered, taking into account any enlargement, improvement or alteration to the original dwellinghouse, whether permitted by this Part or not.

Class B E+W

Permitted development E+W

B.   The enlargement of a dwellinghouse consisting of an addition or alteration to its roof.

Development not permitted E+W

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

(a) any part of the dwellinghouse would, as a result of the works, exceed the height of the highest part of the existing roof;

(b) any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse;

(c) any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope which—

(i) is comprised in a side elevation of the existing dwellinghouse; and

(ii) is within 10.5 metres from a highway opposite the side elevation of the dwellinghouse;

(d) the cubic content of the resulting roof space would exceed the cubic content of the original roof space by more than—

(i) 40 cubic metres in the case of a terrace house; or

(ii) 50 cubic metres in any other case;

(e) other than in the case of a hip to gable enlargement, any part of the enlargement would be less than 20 centimetres from the eaves of the existing roof;

(f) it would consist of or include—

(i) the construction or provision of a veranda or raised platform ;

(ii) the construction or provision of a balcony which—

(aa) contains a platform of any description;

(bb) projects from the part of the exterior of the dwellinghouse to which it is affixed by more than 30 centimetres; or

(cc) if projected downwards in a vertical line to ground level, is within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant side elevation; or

(iii) the construction or provision of a roof terrace, whether or not it would incorporate associated railings, fencing or other means of enclosure; or

(g) the dwellinghouse is on article 1(5) land or within a World Heritage Site.

Conditions E+W

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

(a) the appearance of the materials used in each element of any exterior work must so far as practicable match the appearance of the materials used in the equivalent element of the existing dwellinghouse; and

(b) if any element of a window inserted on a roof slope or other element of a side elevation of the dwellinghouse would, if projected downwards in a vertical line to ground level, be within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant side elevation, then the window must be—

(i) obscure-glazed;

(ii) non-opening unless any part of the window which can be opened is, when measured at any point along the lowest edge of that part, at least 1.7 metres above the internal floor or stair of the dwellinghouse directly below that point; and

(iii) permanently maintained in compliance with the requirements of paragraphs B.2 (b) (i) and (ii).

Interpretation of Class B E+W

B.3.   For the purposes of Class B “resulting roof space” means the roof space as enlarged, taking into account any enlargement to the original roof space, whether permitted by this Class or not.

B.4.   In determining the height of the highest part of the existing roof for the purposes of paragraph B.1(a), no account is to be taken of any parapet wall, firewall, chimney or other roof furniture or similar structure projecting from that roof.

B.5.   For the purposes of paragraph B.1(b), a hip to gable extension which would result in the enlargement of the area of an existing roof slope forming the principal elevation of the dwellinghouse is not to be taken to be development extending beyond the plane of that roof slope.

B.6.   For the purposes of paragraph B.1(e)—

(a) measurement to the eaves is to be made to the point where the external walls of the dwellinghouse would, if projected upwards, meet the lowest point of the upper surface of the roof; but

(b) no account is to be taken of any parapet wall or any part of the roof surface which overhangs the external walls of the dwellinghouse.

Class C E+W

Permitted development E+W

C.   Any other alteration to the roof of a dwellinghouse.

Development not permitted E+W

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

(a) the alteration would protrude more than 15 centimetres beyond the plane of the slope of the original roof when measured from the perpendicular with the external surface of the original roof;

(b) it would result in the highest part of the alteration being higher than the highest part of the original roof;

(c) it would consist of or include—

(i) the installation, alteration or replacement of a chimney;

(ii) the installation, alteration or replacement of a microwave antenna;

(iii) the installation, alteration or replacement of an air source heat pump, solar PV, solar thermal equipment or a flue forming part of a biomass heating system or combined heat and power system;

(iv) the construction or provision of a veranda or raised platform;

(v) the construction or provision of a balcony which—

(aa) contains a platform of any description;

(bb) projects from the part of the exterior of the dwellinghouse to which it is affixed by more than 30 centimetres; or

(cc) if projected downwards in a vertical line to ground level, is within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant side elevation;

(vi) the construction or provision of a roof terrace, whether or not it would incorporate associated railings, fencing or other means of enclosure;

(vii) the removal of a chimney from a dwellinghouse on article 1(5) land or within a World Heritage Site; or

(d) the alteration would consist of or include the insertion of a roof light into a roof slope and the dwellinghouse is on article 1(5) land or within a World Heritage Site.

Conditions E+W

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

(a) the appearance of the materials used in each element of any exterior work must so far as practicable match the appearance of the materials used in the equivalent element of the existing dwellinghouse; and

(b) if any element of a window inserted on a roof slope or other element of a side elevation of the dwellinghouse would, if projected downwards in a vertical line to ground level, be within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant side elevation, the window must be—

(i) obscure-glazed;

(ii) non-opening unless any part of the window which can be opened is, when measured at any point along the lowest edge of that part, at least 1.7 metres above the internal floor or stair of the dwellinghouse directly below that point; and

(iii) permanently maintained in compliance with paragraphs C.2(b)(i) and (ii).

Interpretation of Class C E+W

C.3.   For the purposes of paragraph C.1(b)—

(a) in the determination of the height of the highest part of the original roof, no account is to be taken of any relevant structure projecting from that roof;

(b) in the determination of the height of the highest part of the alteration, account is to be taken of any relevant structure comprised in the alteration; and

(c) “relevant structure” means any parapet wall, firewall, chimney or other roof furniture or similar structure.

Class D E+W

Permitted development E+W

D.   The erection or construction of a porch outside any external door of a dwellinghouse.

Development not permitted E+W

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

(a) the ground area (measured externally) of the structure would exceed 3 square metres;

(b) any part of the structure would be more than 3 metres above ground level; or

(c) any part of the structure would be within 2 metres of any boundary between the curtilage of the dwellinghouse and a highway.

Class E E+W

Permitted development E+W

E.   The provision within the curtilage of the dwellinghouse of—

(a) any building or enclosure, raised platform, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building, enclosure, platform or pool; or

(b) a container used for domestic heating purposes for the storage of oil or liquid petroleum gas.

Development not permitted E+W

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

(a) the total area of ground covered by buildings, enclosures, raised platforms, pools and containers within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

(b) any part of the building, enclosure, raised platform, pool or container would extend beyond a wall comprised in the principal elevation of the original dwellinghouse;

(c) any part of the building, enclosure, raised platform, pool or container would extend beyond a wall comprised in a side elevation of the existing dwellinghouse, and would be nearer to the highway than—

(i) the wall comprised in that side elevation which is nearest to the highway; or

(ii) any point 5 metres from the highway;

whichever is the nearer to the highway;

(d) the building would have more than one storey;

(e) the height of any part of the building, enclosure or container, measured from the surface of the ground immediately adjacent to that part, would exceed—

(i) 4 metres in the case of a building having a roof with more than one pitch;

(ii) 3 metres in any other case;

(f) any part of the building, enclosure or container would be—

(i) within 2 metres of the boundary of the curtilage of the dwellinghouse; and

(ii) exceed 2.5 metres in height above the surface of the ground immediately adjacent to it;

(g) the height of the eaves of the building, measured at any point along their length, would exceed 2.5 metres;

(h) any part of the building, enclosure, pool or container would —

(i) be situated within 2 metres of the dwellinghouse; and

(ii) exceed 1.5 metres in height above the surface of the ground immediately adjacent to it;

(i) the building, enclosure, pool or container would be situated within the curtilage of a listed building;

(j) it would include the construction or provision of a veranda, balcony or raised platform of which any part is more than 30 centimetres above the surface of the ground directly below it;

(k) it would include the enlargement, improvement or other alteration of any part of a dwellinghouse;

(l) it would include the installation, alteration or replacement of a microwave antenna; or

(m) the capacity of the container would exceed 3,500 litres.

E.2.   In the case of any land within the curtilage of the dwellinghouse which is on article 1(5) land or within a World Heritage Site, development is not permitted by Class E if—

(a) the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres;

(b) any part of the building, enclosure, pool or container would be situated on land between a wall comprised in a side elevation of the existing dwellinghouse and the section of the boundary of the curtilage of the dwellinghouse which faces that wall.

Interpretation of Class E E+W

E.3.   For the purposes of Class E, “purpose incidental to the enjoyment of the dwellinghouse as such” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.

E.4.   For the purposes of paragraphs E.1(b) and E.1(c), a part of a building, enclosure, pool or container is to be determined to extend beyond a wall referred to in those paragraphs if it would be in front of—

(a) in the case of a wall referred to in paragraph E.1(b)—

(i) that wall in its original form; or

(ii) that wall as it would exist if its original form were to have been extended, continuing the line of the wall, from each of its side edges to the boundary of the present curtilage of the dwellinghouse; or

(b) in the case of a wall referred to in paragraph E.1 (c)—

(i) that wall as it exists; or

(ii) that wall as it would exist if it were to be extended, continuing the line of the wall, from each of its side edges to the boundary of the curtilage of the dwellinghouse.

E.5.   In determining the height of the eaves for the purposes of paragraph E.1(g)—

(a) the determination is to be made by reference to the point where the external walls or other structure supporting the roof meet, or would meet if projected upwards, the lowest point of the upper surface of the roof; but

(b) no account is to be taken of any parapet wall or any part of the roof slope which overhangs the external walls or other structure supporting the roof.

Class F E+W

Permitted development E+W

F.   Development consisting of—

(a) the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such; or

(b) the replacement in whole or in part of such a surface.

Development not permitted E+W

F.1.   Development is not permitted by Class F within the curtilage of a listed building.

Conditions E+W

F.2.   Development is permitted by Class F subject to the condition that where:

(a) the area of ground to be covered by the hard surface is situated forward of the principal elevation of the dwellinghouse and between the principal elevation and a highway, or

(b) the area of hard surface to be replaced would be forward of the principal elevation of the dwellinghouse and between the principal elevation and a highway, and (taking into account any area of hard surface previously replaced) would exceed 5 square metres,

the hard surface must be —

(i) porous or permeable; or

(ii) provided to direct run-off water from the hard surface to a porous or permeable area or surface within the curtilage of the dwellinghouse; and

(iii) permanently maintained so that it continues to comply with the requirements of paragraph (i) and (ii).

Interpretation of Class F E+W

F.3.   For the purposes of F.2—

“previously replaced” means replaced without compliance with that condition within the 6 month period prior to undertaking the development in question; and

the “principal elevation” is (i) the wall of the principal elevation in its original form; or (ii) that wall as it would exist if its original form were to have been extended, continuing the line of the wall, from each of its side edges to the boundary of the present curtilage of the dwellinghouse.

Class G E+W

Permitted development E+W

G.   The installation, alteration or replacement of a chimney on a dwellinghouse.

Development not permitted E+W

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

(a) the height of the chimney would exceed the highest part of the roof by 1 metre or more; or

(b) the dwellinghouse is located on article 1(5) land or within a World Heritage Site.

Interpretation of Class G E+W

G.2.   In determining the height of the highest part of the roof for the purposes of paragraph G.1(a), no account is to be taken of any parapet wall, firewall, chimney or other roof furniture or similar structure projecting from the roof.

Class H E+W

Permitted development E+W

H.   The installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a dwellinghouse.

Development not permitted E+W

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

(a) it would result in the presence on the dwellinghouse or within its curtilage of—

(i) more than two antennas;

(ii) a single antenna exceeding one metre in length;

(iii) two antennas which do not meet the relevant size criteria;

(iv) an antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres;

(v) an antenna installed on a chimney, where the antenna would protrude above the chimney; or

(vi) an antenna with a cubic capacity in excess of 35 litres;

(b) in the case of an antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof;

(c) in the case of an antenna to be installed on a roof with a chimney, the highest part of the antenna would be higher than the highest part of the chimney, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lower; or

(d) in the case of article 1(5) land or a World Heritage Site, it would consist of the installation of an antenna—

(i) on a chimney, wall or roof slope which fronts, and is visible from, a highway; or

(ii) on a building which exceeds 15 metres in height.

Conditions E+W

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

(a) an antenna installed on a building must, so far as practicable, be sited so as to minimise its effect on the external appearance of the building; and

(b) an antenna no longer needed for reception or transmission purposes must be removed as soon as reasonably practicable.

Interpretation of Class H E+W

H.3.   For the purposes of paragraph H.1(a), the length of an antenna is to be measured in any linear direction, and any projecting feed element, reinforcing rim, mounting or bracket is to be excluded.

H.4.   The maximum number of antennas for the purpose of paragraph H.1(a) includes any [F3 small cell system] permitted under Class A of Part 24 [F4 , but excludes Regulation 2020/1070 small cell systems to the extent that they are permitted by paragraph A.1(q) of Part 24].

Textual Amendments

F3 Words in Sch. 2 Pt. 1 para. H.4 substituted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 5(1)(a)

F4 Words in Sch. 2 Pt. 1 para, H.4 inserted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 5(1)(b)

H.5.   The relevant size criteria for the purposes of paragraph H.1(a)(iii) are that—

(a) only one of the antennas may exceed 60 centimetres in length; and

(b) any antenna which exceeds 60 centimetres in length must not exceed one metre in length.

H.6.   For the purposes of paragraph H.1(d)(i), an antenna is to be treated as visible from a highway if it would be so visible save for intervening trees or other vegetation.

Interpretation of Part 1 E+W

I.1.   For the purposes of Part 1—

“raised” in relation to a platform means a platform with a height greater than 30 centimetres; and

“terrace house” means a dwellinghouse situated in a row of three or more dwellinghouses used or designed for use as single dwellings, where—

(a)

it shares a party wall with, or has a main wall adjoining the main wall of, the dwellinghouse on either side; or

(b)

if it is at the end of a row, it shares a party wall with or has a main wall adjoining the main wall of a dwellinghouse which fulfils the requirements of sub-paragraph (a).

I.2.   In the determination of the principal and other elevations of a dwellinghouse for the purposes of Part 1—

(a) an elevation may comprise more than one wall;

(b) a principal elevation must be determined in relation to the dwellinghouse;

(c) the principal elevation—

(i) is the elevation of the dwellinghouse which is the first in importance, taking into account the design and architectural features of the dwellinghouse; and

(ii) is not to comprise more than one elevation of the dwellinghouse;

(d) the elevation of the dwellinghouse which is determined to be the principal elevation—

(i) is to be deemed also to be the front elevation of the dwellinghouse; and

(ii) the side and rear elevations of the dwellinghouse are to be determined accordingly.]

PART 2 E+W MINOR OPERATIONS

Class A E+W

Permitted development E+W

A.  The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

Development not permitted E+W

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

(a) the height of any gate, fence, wall or means of enclosure erected or constructed adjacent to a highway used by vehicular traffic would, after the carrying out of the development, exceed one metre above ground level;

(b) the height of any other gate, fence, wall or means of enclosure erected or constructed would exceed two metres above ground level;

(c) the height of any gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in sub-paragraph (a) or (b) as the height appropriate to it if erected or constructed, whichever is the greater; or

(d) it would involve development within the curtilage of, or to a gate, fence, wall or other means of enclosure surrounding, a listed building.

Interpretation of Class A E+W

F1 A.2   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class B E+W

Permitted development E+W

B.  The formation, laying out and construction of a means of access to a highway which is not a trunk road or a classified road, where that access is required in connection with development permitted by any Class in this Schedule (other than by Class A of this Part).

Class C E+W

Permitted development E+W

C.  The painting of the exterior of any building or work.

Development not permitted E+W

C.1   Development is not permitted by Class C where the painting is for the purpose of advertisement, announcement or direction.

Interpretation of Class C E+W

C.2   In Class C, “painting" includes any application of colour.

[F5 Class D E+W

Textual Amendments

F5 Sch. 2 Pt. 2 Class D, E inserted (1.4.2019) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 3

Permitted development E+W

D.   The installation, alteration or replacement within an area lawfully used for off-street parking, of an electrical outlet mounted on a wall for recharging electric vehicles.

Development not permitted E+W

D.1.   Development is not permitted by Class D if the outlet and its casing would—

(a) exceed 0.2 cubic metres;

(b) face onto and be within two metres of a highway; or

(c) be within a site designated as a scheduled monument.

Class E E+W

Permitted development E+W

E.  E. The installation, alteration or replacement within an area lawfully used for off-street parking, of an upstand with an electrical outlet mounted on it for recharging electric vehicles.

Development not permitted E+W

E.1.   E.1 Development is not permitted by Class E if the upstand and the outlet would—

(a) exceed 1.6 metres in height from the level of the surface used for the parking of vehicles;

(b) be within two metres of a highway;

(c) be within a site designated as a scheduled monument; or

(d) result in more than one upstand being provided for each parking space.]

PART 3 E+W CHANGES OF USE

Class A E+W

Permitted development E+W

A.  Development consisting of a change of the use of a building to a use falling within Class A1 (shops) of the Schedule to the Use Classes Order from a use falling within Class A3 (food and drink) of that Schedule or from a use for the sale, or display for sale, of motor vehicles.

Development not permitted E+W

F1 A.1.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions E+W

F1 A.2.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class A E+W

F1 A.3.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Class AA E+W

Permitted development E+W

F1 AA.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted E+W

F1 AA.1.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions E+W

F1 AA.2.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class AA E+W

F1 AA.3.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class B E+W

Permitted development E+W

B.  Development consisting of a change of the use of a building—

(a) to a use for any purpose falling within Class B1 (business) of the Schedule to the Use Classes Order from any use falling within Class B2 (general industrial) or B8 (storage and distribution) of that Schedule;

(b) to a use for any purpose falling within Class B8 (storage and distribution) of that Schedule from any use falling within Class B1 (business) or B2 (general industrial).

Development not permitted E+W

B.1   Development is not permitted by Class B where the change is to or from a use falling within Class B8 of that Schedule, if the change of use relates to more than [F6 500] square metres of floor space in the building.

Textual Amendments

F6 Word in Sch. 2 Pt. 3 Class B para. B.1 substituted (W.) (28.4.2014) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2014 (S.I. 2014/592), arts. 1(1), 2(2)

Class C E+W

Permitted development E+W

C.  Development consisting of a change of use to a use falling within Class A2 (financial and professional services) of the Schedule to the Use Classes Order from a use falling within Class A3 (food and drink) of that Schedule.

Development not permitted E+W

F1 C.1.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions E+W

F1 C.2.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class C E+W

F1 C.3.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Class CA E+W

Permitted development E+W

F1 CA.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted E+W

F1 CA.1   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions E+W

F1 CA.2   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class CA E+W

F1 CA.3   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class D E+W

Permitted development E+W

D.  Development consisting of a change of use of any premises with a display window at ground floor level to a use falling within Class A1 (shops) of the Schedule to the Use Classes Order from a use falling within Class A2 (financial and professional services) of that Schedule.

Class E E+W

Permitted development E+W

E.  Development consisting of a change of the use of a building or other land from a use permitted by planning permission granted on an application, to another use which that permission would have specifically authorised when it was granted.

Development not permitted E+W

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

(a) the application for planning permission referred to was made before the 5th December 1988;

(b) it would be carried out more than 10 years after the grant of planning permission; or

(c) it would result in the breach of any condition, limitation or specification contained in that planning permission in relation to the use in question.

Class F E+W

Permitted development E+W

F.  Development consisting of a change of the use of a building—

(a) to a mixed use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A1 of that Schedule;

(b) to a mixed use for any purpose within Class A2 (financial and professional services) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A2 of that Schedule;

(c) where that building has a display window at ground floor level, to a mixed use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A2 (financial and professional services) of that Schedule.

Conditions E+W

F.1   Development permitted by Class F is subject to the following conditions—

(a) some or all of the parts of the building used for any purposes within Class A1 or Class A2, as the case may be, of the Schedule to the Use Classes Order shall be situated on a floor below the part of the building used as a single flat;

(b) where the development consists of a change of use of any building with a display window at ground floor level, the ground floor shall not be used in whole or in part as the single flat;

(c) the single flat shall not be used otherwise than as a dwelling (whether or not as a sole or main residence)—

(i) by a single person or by people living together as a family, or

(ii) by not more than six residents living together as a single household (including a household where care is provided for residents).

Interpretation of Class F E+W

F.2   For the purposes of Class F—

“care" means personal care for people in need of such care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder.

Class G E+W

Permitted development E+W

G.  Development consisting of a change of the use of a building—

(a) to a use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A1 of that Schedule and as a single flat;

(b) to a use for any purpose within Class A2 (financial and professional services) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A2 of that Schedule and as a single flat;

(c) where that building has a display window at ground floor level, to a use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A2 (financial and professional services) of that Schedule and as a single flat.

Development not permitted E+W

G.1   Development is not permitted by Class G unless the part of the building used as a single flat was immediately prior to being so used used for any purpose within Class A1 or Class A2 of the Schedule to the Use Classes Order.

[F7 Class H E+W

Textual Amendments

F7 Sch. 2 Pt. 3 Class H inserted (W.) (25.2.2016) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2016 (S.I. 2016/29), arts. 1(1), 2(2)

Permitted Development E+W

H.  Development consisting of a change of use of a building to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order from a use falling within Class C4 (houses in multiple occupation) of that Schedule.]

[F8 Class I E+W

Textual Amendments

F8 Sch. 2 Pt. 3 Classes I, J inserted (W.) (20.10.2022) by The Town and Country Planning (General Permitted Development etc.) (Amendment) (Wales) Order 2022 (S.I. 2022/997), arts. 1, 2(5)

Permitted development E+W

I.   Development consisting of a change of use of a building—

(a) from a use falling within Class C3 (dwellinghouses, used as sole or main residences) of the Schedule to the Use Classes Order —

(i) to a use falling within Class C5 (dwellinghouses, used otherwise than as sole or main residences) of that Schedule;

(ii) to a use falling within Class C6 (short-term lets) of that Schedule;

(iii) to a mixed use combining use as a dwellinghouse within Class C3 (dwellinghouses, used as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule;

(iv) to a mixed use combining use as a dwellinghouse within Class C5 (dwellinghouses, used otherwise than as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule;

(b) from a use falling within Class C5 (dwellinghouses, used otherwise than as sole or main residences) of the Schedule to the Use Classes Order —

(i) to a use falling within Class C3 (dwellinghouses, used as sole or main residences) of that Schedule;

(ii) to a use falling within Class C6 (short-term lets) of that Schedule;

(iii) to a mixed use combining use as a dwellinghouse within Class C5 (dwellinghouses, used otherwise than as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule;

(iv) to a mixed use combining use as a dwellinghouse within Class C3 (dwellinghouses, used as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule;

(c) from a use falling within Class C6 (short-term lets) of the Schedule to the Use Classes Order—

(i) to a use falling within Class C3 (dwellinghouses, used as sole or main residences) of that Schedule;

(ii) to a use falling within Class C5 (dwellinghouses, used otherwise than as sole or main residences) of that Schedule;

(iii) to a mixed use combining use as a dwellinghouse within Class C3 (dwellinghouses, used as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule;

(iv) to a mixed use combining use as a dwellinghouse within Class C5 (dwellinghouses, used otherwise than as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule;

(d) from a mixed use combining uses falling within Class C3 (dwellinghouses, used as sole or main residences) and Class C6 (short-term lets) of the Schedule to the Use Classes Order—

(i) to a use falling within Class C3 (dwellinghouses, used as sole or main residences) of that Schedule;

(ii) to a use falling within Class C5 (dwellinghouses, used otherwise than as sole or main residences) of that Schedule;

(iii) to a use falling within Class C6 (short-term lets) of that Schedule;

(iv) to a mixed use combining use as a dwellinghouse within Class C5 (dwellinghouses, used otherwise than as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule;

(e) from a mixed use combining uses falling within Class C5 (dwellinghouses, used otherwise than as sole or main residences) and Class C6 (short-term lets) of the Schedule to the Use Classes Order—

(i) to a use falling within Class C3 (dwellinghouses, used as sole or main residences) of that Schedule;

(ii) to a use falling within Class C5 (dwellinghouses, used otherwise than as sole or main residences) of that Schedule;

(iii) to a use falling within Class C6 (short-term lets) of that Schedule;

(iv) to a mixed use combining use as a dwellinghouse within Class C3 (dwellinghouses, used as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule.

Development not permitted E+W

I.1.   Development is not permitted by Class I if it would result in the use as two or more separate dwellinghouses falling within Class C3 (dwellinghouses, used as sole or main residences), Class C5 (dwellinghouses, used otherwise than as sole or main residences) or Class C6 (short-term lets) of the Schedule to the Use Classes Order of any building previously used as a single dwellinghouse.]

F1 Class IA E+W

Permitted development E+W

F1 IA.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted E+W

F1 IA.1   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions E+W

F1 IA.2   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 Class J E+W

Permitted development E+W

J.   Development consisting of a change of use of a building—

(a) from a use as a betting office—

(i) to a use for any purpose falling within Class A1 (shops) of the Schedule to the Use Classes Order;

(ii) to a mixed use for any purpose falling within Class A1 (shops) of the Schedule to the Use Classes Order and as a single flat;

(iii) to a use for any purpose within Class A2 (financial and professional services) of the Schedule to the Use Classes Order;

(iv) to a mixed use for any purpose falling within Class A2 (financial and professional services) of the Schedule to the Use Classes Order and as a single flat;

(v) to mixed use as a betting office and as a single flat;

(b) from a mixed use as a betting office and as a single flat—

(i) to a use for any purpose falling within Class A1 (shops) of the Schedule to the Use Classes Order;

(ii) to a mixed use for any purpose falling within Class A1 (shops) of the Schedule to the Use Classes Order and as a single flat;

(iii) to a use for any purpose within Class A2 (financial and professional services) of the Schedule to the Use Classes Order;

(iv) to a mixed use for any purpose falling within Class A2 (financial and professional services) of the Schedule to the Use Classes Order and as a single flat;

(v) to a use as a betting office.

Conditions E+W

J1.   Development permitted by Class J is subject to the following conditions—

(a) some or all of the parts of the building used for any purposes within Class A1, Class A2 or as a betting office, as the case may be, of the Schedule to the Use Classes Order must be situated on a floor below the part of the building used as a single flat;

(b) where the development consists of a change of use of any building with a display window at ground floor level, the ground floor must not be used in whole or in part as the single flat;

(c) the single flat must not be used otherwise than as a dwelling (whether or not as a sole or main residence)—

(i) by a single person or by people living together as a family;

(ii) by not more than six residents living together as a single household (including a household where care is provided for residents).

Interpretation of Class J E+W

J2.   For the purposes of Class J—

“care” means personal care for people in need of such care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder.]

F1 Class K E+W

Permitted Development E+W

F1 K.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted E+W

F1 K.1   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions E+W

F1 K.2   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Class L E+W

Permitted development E+W

F1 L.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Class M E+W

Permitted development E+W

F1 M.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted E+W

F1 M.1   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions E+W

F1 M.2   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 M.3   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Class MA E+W

Permitted development E+W

F1 MA.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted E+W

F1 MA.1   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions E+W

F1 MA.2   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Class MB E+W

Permitted development E+W

F1 MB.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted E+W

F1 MB.1.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions E+W

F1 MB.2   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Procedure for applications for prior approval under Part 3 E+W

F1 N.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

F1 Interpretation of Part 3 E+W

F1 O.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

[F9 PART 3A E+W Temporary Building and Changes of Use for Public Health Emergency Purposes

Textual Amendments

F9 Sch. 2 Pt. 3A inserted (W.) (10.4.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (Wales) Order 2020 (S.I. 2020/420), arts. 1(1), 2(2)

Class A E+W

Permitted development E+W

A.  Development for the purpose of preventing, controlling or mitigating the effects of, or taking other action in connection with a public health emergency in the United Kingdom, consisting of—

(a) a change of the use of a building or land to a use falling within Class C2 (Residential institutions) or Class D1 (Non-residential institutions) of the Schedule to the Use Classes Order,

(b) the provision on land of buildings, moveable structures, works, plant or machinery.

Development not permitted E+W

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

(a) any part of the development is on land which is, or forms part of—

(i) a military explosive storage area;

(ii) a safety hazard area;

(iii) a site of special scientific interest; or

(b) the land or building is, or contains, a scheduled monument.

Conditions E+W

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

(a) the development must be undertaken by or on behalf of an NHS body;

(b) if the developer is not also the local planning authority, the developer must, as soon as reasonably practicable notify the local planning authority of that development; F10 ...

[F11 (c) on or before the expiry date—

(i) any use of that building or land for the purpose of Class A must cease;

(ii) any building, moveable structure, works, plant or machinery permitted by Class A must be removed; and

(iii) the building or land must be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer; and]

[F12 (d) in sub-paragraph (c), “the expiry date” means—

(i) for developments which begin before 10 April 2021 the date eighteen months after the date on which the development began; and

(ii) for developments which begin on or after 10 April 2021 the date twelve months after the date on which the development began.]

Textual Amendments

F10 Word in Sch. 2 Pt. 3A Class A para. A.2(b) omitted (W.) (29.3.2021) by virtue of The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2021 (S.I. 2021/254), arts. 1(1), 3(2)

F11 Sch. 2 Pt. 3A Class A para. A.2(c) substituted (W.) (29.3.2021) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2021 (S.I. 2021/254), arts. 1(1), 3(3)

F12 Sch. 2 Pt. 3A Class A para. A.2(d) inserted (W.) (29.3.2021) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2021 (S.I. 2021/254), arts. 1(1), 3(4)

Interpretation of Class A E+W

A.3.— (1) For the purposes of Class A—

“military explosives storage area” means any area, including an aerodrome, depot, mooring or port, at which the storage of military explosives may be undertaken and for which the associated explosives safeguarding zone is identified on a safeguarding map, issued by the Secretary of State provided to the local planning authority for the purposes of a direction made by the Welsh Ministers in exercise of powers conferred by article 18(1) of the Procedure Order (or any previous powers to the like effect);

“NHS body” has the same meaning as in section 206 of the National Health Service (Wales) Act 2006;

“Procedure Order” means the Town and Country Planning (Development Management Procedure) (Wales) Order 2012;

“public health emergency” means an event or situation which threatens serious damage to human welfare in a place in the United Kingdom;

“safety hazard area” means an area notified to the local planning authority—

(a)

by the Health and Safety Executive for the purposes of paragraph (c) of the Table in Schedule 4 to the Procedure Order (or any previous powers to the like effect); or

(b)

by the Office for Nuclear Regulation for the purposes of paragraph (d) of that Table.

(2) For the purposes of the definition of “public health emergency” in paragraph (1), an event or situation threatens damage to human welfare only if it involves, causes or may cause—

(a) loss of human life;

(b) human illness or injury;

(c) disruption of services relating to health.]

PART 4 E+W TEMPORARY BUILDINGS AND USES

Class A E+W

Permitted development E+W

A.  The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land.

Development not permitted E+W

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

(a) the operations referred to are mining operations, or

(b) planning permission is required for those operations but is not granted or deemed to be granted.

Conditions E+W

A.2   Development is permitted by Class A subject to the conditions that, when the operations have been carried out—

(a) any building, structure, works, plant or machinery permitted by Class A shall be removed, and

(b) any adjoining land on which development permitted by Class A has been carried out shall, as soon as reasonably practicable, be reinstated to its condition before that development was carried out.

Class B E+W

Permitted development E+W

B.  The use of any land for any purpose for not more than 28 days in total in any calendar year, of which not more than 14 days in total may be for the purposes referred to in paragraph B.2, and the provision on the land of any moveable structure for the purposes of the permitted use.

Development not permitted E+W

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

(a) the land in question is a building or is within the curtilage of a building,

(b) the use of the land is for a caravan site,

(c) the land is, or is within, a site of special scientific interest and the use of the land is for—

(i) a purpose referred to in paragraph B.2(b) or other motor sports;

(ii) clay pigeon shooting; or

(iii) any war game,

or

(d) the use of the land is for the display of an advertisement.

Interpretation of Class B E+W

B.2   The purposes mentioned in Class B above are—

(a) the holding of a market;

(b) motor car and motorcycle racing including trials of speed, and practising for these activities.

B.3   In Class B, “war game" means an enacted, mock or imaginary battle conducted with weapons which are designed not to injure (including smoke bombs, or guns or grenades which fire or spray paint or are otherwise used to mark other participants), but excludes military activities or training exercises organised by or with the authority of the Secretary of State for Defence. E+W

F1 Class C E+W

Permitted development E+W

F1 C.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted E+W

F1 C.1   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions E+W

F1 C.2   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class C E+W

F1 C.3   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Class D E+W

Permitted development E+W

F1 D.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted E+W

F1 D.1   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions E+W

F1 D.2   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class D E+W

F1 D.3   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Interpretation of Part 4 E+W

F1 E.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

[F13 PART 4A E+W TEMPORARY CHANGES OF USE

Textual Amendments

F13 Sch. 2 Pt. 4A inserted (W.) (30.4.2021) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (Wales) Order 2021 (S.I. 2021/386), arts. 1(1), 3

Class A E+WAdditional temporary use of land during the relevant period E+W

Permitted Development E+W

A.  The use of any land for any purposes for not more than 28 days in total during the relevant period, of which no more than 14 days in total may be for the purposes of—

(a) the holding of a market;

(b) motor car and motorcycle racing including trials of speed, and practising for these activities,

and the provision on the land of any moveable structure for the purposes of the permitted use.

In calculating the number of days during which development is permitted, no account is to be taken of any day during which development is permitted under Class B of Part 4, or Class B of Part 4A, of this Schedule.

Development not permitted E+W

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

(a) the land in question is a building;

(b) the land is within the curtilage of a building and there is a scheduled monument within that curtilage;

(c) the land is within a National Park and the use of the land is for a car park that is not ancillary to a temporary use under Class A of this part;

(d) the use of the land is for a caravan site;

(e) the land is, or is within, a site of special scientific interest or is within the curtilage of a listed building and the use of the land is for—

(i) motor car and motorcycle racing including trials of speed or other motor sports, and practising for these activities;

(ii) clay pigeon shooting;

(iii) any war game;

(f) the use of the land is for the display of an advertisement.

Interpretation of Class A E+W

A.2.   For the purposes of Class A—

• “the relevant period” means the period beginning on 30 April 2021 and ending on 3 January 2022;

• “war game” means an enacted, mock or imaginary battle conducted with weapons which are designed not to injure (including smoke bombs, or guns or grenades which fire or spray paint or are otherwise used to mark other participants), but excludes military activities or training exercises organised by or with the authority of the Secretary of State for Defence.

Class B E+WHolding of a market by or on behalf of a local authority E+W

Permitted Development E+W

B.   The use of any land for the purposes of holding a market by or on behalf of a local authority during the relevant period and the provision on the land of any moveable structure for the permitted use.

Development not permitted E+W

B.1.   Development is not permitted by Class B if the land is, or is within, a site of special scientific interest.

Interpretation of Class B E+W

B.2.   For the purposes of Class B “the relevant period” means the period beginning on 30 April 2021 and ending on 3 January 2022.

Class C E+WTemporary uses – Class A1 buildings in town centres E+W

Permitted Development E+W

C.   Development consisting of a change of use of a building—

(a) during the relevant period, from a use falling within Class A1 (shops) of Schedule 1 to the Use Classes Order to a use falling within the following classes of Schedule 1 to the Use Classes Order—

(i) A2 (financial and professional services);

(ii) A3 (food and drink);

(iii) B1 (business);

(iv) D1 (non-residential institutions);

(v) D2 (assembly and leisure).

(b) during or at the end of the six month period beginning with the date on which the development began, from the new use to the original use;

(c) at the end of the relevant period, from the new use to the original use.

Development not permitted E+W

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

(a) the whole of the building does not fall within a town centre;

(b) the proposed A3 use is the sale of hot food for consumption off the premises;

(c) the proposed use is Class B1(c) of Schedule 1 to the Use Classes Order.

Conditions E+W

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

(a) the developer must, as soon as reasonably practicable, notify the local planning authority of the development;

(b) the change of use may last no more than six months beginning with the date on which the development began;

(c) the change of use must end on or before the end of the relevant period.

Interpretation of Class C E+W

C.3.   For the purposes of Class C “the relevant period” means the period beginning on 30 April 2021 and ending on 29 April 2022.

Class D E+WTemporary uses – Class A2 buildings in town centres E+W

Permitted Development E+W

D.   Development consisting of a change of use of a building—

(a) during the relevant period, from a use falling within Class A2 (financial and professional services) of Schedule 1 to the Use Classes Order to a use falling within the following classes of Schedule 1 to the Use Classes Order—

(i) A1 (shops);

(ii) A3 (food and drink);

(iii) B1 (business);

(iv) D1 (non-residential institutions);

(v) D2 (assembly and leisure);

(b) during or at the end of the six month period beginning with the date on which the development began, from the new use the original use;

(c) at the end of the relevant period, from the new use to the original use.

Development not permitted E+W

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

(a) the whole of the building does not fall within a town centre;

(b) the proposed use is sale of hot food for consumption off the premises;

(c) the proposed use is Class B1(c) of Schedule 1 to the Use Classes Order.

Conditions E+W

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

(a) the developer must, as soon as reasonably practicable, notify the local planning authority of the development;

(b) the change of use may last no more than six months beginning with the date on which the development began;

(c) the change of use must end on or before the end of the relevant period.

Interpretation of Class D E+W

D.3.   For the purposes of Class D “the relevant period” means the period beginning on 30 April 2021 and ending on 29 April 2022.

Class E E+WTemporary uses – Class A3 buildings in town centres E+W

Permitted Development E+W

E.  E. Development consisting of a change of use of a building—

(a) during the relevant period, from a use falling within Class A3 (food and drink) of Schedule 1 to the Use Classes Order to a use falling within the following classes of Schedule 1 to the Use Classes Order—

(i) A1 (shops);

(ii) A2 (financial and professional services);

(iii) B1 (business);

(iv) D1 (non-residential institutions);

(v) D2 (assembly and leisure);

(b) during or at the end of the six month period beginning with the date on which the development began, from the new use to the original use;

(c) at the end of the relevant period, from the new use to the original use.

Development not permitted E+W

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

(a) the whole of the building does not fall within a town centre;

(b) the proposed use falls within Class B1(c) of Schedule 1 to the Use Classes Order.

Conditions E+W

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

(a) the developer must, as soon as reasonably practicable, notify the local planning authority of the development;

(b) the change of use may last no more than six months beginning with the date on which the development began;

(c) the change of use must end on or before the end of the relevant period.

Interpretation of Class E E+W

E.3.   For the purposes of Class E “the relevant period” means the period beginning on 30 April 2021 and ending on 29 April 2022.

Class F E+WHospitality uses - outdoor servery provision E+W

Permitted Development E+W

F.   The use, during the relevant period, of part of a relevant highway adjacent to premises falling within Class A3 (food and drink) of Schedule 1 to the Use Classes Order for the purposes of placing removable furniture, used for the purposes of selling or serving food or drink supplied from those premises or consuming food or drink supplied from those premises.

Conditions E+W

F.1.   Development is permitted by Class F subject to the following conditions—

(a) permission for the use of the part of the relevant highway must have been obtained from the relevant council under section 115E of the Highways Act 1980;

(b) the use must be in accordance with any conditions imposed by the relevant council under section 115F of the Highways Act 1980;

(c) the removable furniture must not be used between 10 pm and 8 am.

Interpretation of Class F E+W

F.2.   For the purposes of Class F—

“furniture” means—

(a)

counters or stalls for selling or serving food or drink,

(b)

tables, counters or shelves on which food or drink can be placed,

(c)

chairs, benches or other forms of seating, and

(d)

umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink;

“relevant highway” means—

(a)

a highway to which Part 7A of the Highways Act 1980 applies, and

(b)

which is not over Crown land or maintained by Network Rail;

“the relevant period” means the period beginning on 30 April 2021 and ending on 3 January 2022.

Interpretation of Part 4A E+W

G.   For the purposes of Part 4A—

“within a town centre” means within an area identified in a development plan as a—

(a)

city centre shopping area;

(b)

central shopping area;

(c)

central shopping centre;

(d)

district centre;

(e)

district, local, village or neighbourhood centre;

(f)

district shopping centre;

(g)

local centre;

(h)

principal town centre boundary;

(i)

shopping area;

(j)

shopping zone;

(k)

Swansea central area;

(l)

town and district retail centre;

(m)

town centre;

(n)

town centre area;

(o)

town centre boundary;

(p)

town/district centre boundary;

(q)

retail area;

(r)

retail and commercial hierarchy; or

(s)

retail centre;

“development plan” has the same meaning as in section 336 of the Act.]

PART 5 E+W CARAVAN SITES

Class A E+W

Permitted development E+W

A.  The use of land, other than a building, as a caravan site in the circumstances referred to in paragraph A.2.

Condition E+W

A.1   Development is permitted by Class A subject to the condition that the use shall be discontinued when the circumstances specified in paragraph A.2 cease to exist, and all caravans on the site shall be removed as soon as reasonably practicable.

Interpretation of Class A E+W

A.2   The circumstances mentioned in Class A are those specified in paragraphs 2 to 10 of Schedule 1 to the 1960 Act (cases where a caravan site licence is not required), but in relation to those mentioned in paragraph 10 do not include use for winter quarters.

Class B E+W

Permitted development E+W

B.  Development required by the conditions of a site licence for the time being in force under the 1960 Act [F14 and the Mobile Homes (Wales) Act 2013].

Textual Amendments

F14 Words in Sch. 2 Pt. 5 Class B inserted (W.) (31.10.2016) by The Mobile Homes (Wales) Act 2013 (Consequential Provisions) Order 2016 (S.I. 2016/964), arts. 1(2), 4

PART 6 E+W AGRICULTURAL BUILDINGS AND OPERATIONS

Class A Development on units of 5 hectares or more E+W

Permitted development E+W

A.  The carrying out on agricultural land comprised in an agricultural unit of 5 hectares or more in area of—

(a) works for the erection, extension or alteration of a building; or

(b) any excavation or engineering operations,

which are reasonably necessary for the purposes of agriculture within that unit.

Development not permitted E+W

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

(a) the development would be carried out on a separate parcel of land forming part of the unit which is less than 1 hectare in area;

(b) it would consist of, or include, the erection, extension or alteration of a dwelling;

(c) it would involve the provision of a building, structure or works not designed for agricultural purposes;

(d) the ground area which would be covered by—

(i) any works or structure (other than a fence) for accommodating livestock or any plant or machinery arising from engineering operations; or

(ii) any building erected or extended or altered by virtue of Class A,

would exceed 465 square metres, calculated as described in paragraph D.2 below;

(e) the height of any part of any building, structure or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres;

(f) the height of any part of any building, structure or works not within 3 kilometres of the perimeter of an aerodrome would exceed 12 metres;

(g) any part of the development would be within 25 metres of a metalled part of a trunk road or classified road;

(h) it would consist of, or include, the erection or construction of, or the carrying out of any works to, a building, structure or an excavation used or to be used for the accommodation of livestock or for the storage of slurry or sewage sludge where the building, structure or excavation is, or would be, within 400 metres of the curtilage of a protected building; F15 ...

(i) it would involve excavations or engineering operations on or over article 1(6) land which are connected with fish farming [F16 ; or]

[F17 (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.]

Textual Amendments

F15 Word in Sch. 2 Pt. 6 Class A para. A.1(h) omitted (W.) (5.10.2012) by virtue of The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 (S.I. 2012/2318), arts. 1(1), 2(2)

F16 Word and semicolon in Sch. 2 Pt. 6 Class A para. A.1(i) substituted for full stop (W.) (5.10.2012) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 (S.I. 2012/2318), arts. 1(1), 2(3)

F17 Sch. 2 Pt. 6 Class A para. A.1(j) inserted (W.) (5.10.2012) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 (S.I. 2012/2318), arts. 1(1), 2(4)

Conditions E+W

A.2— (1) Development is permitted by Class A subject to the following conditions—

(a) where development is carried out within 400 metres of the curtilage of a protected building, any building, structure, excavation or works resulting from the development shall not be used for the accommodation of livestock except in the circumstances described in paragraph D.3 below or for the storage of slurry or sewage sludge [F18 , 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;]

(b) where the development involves—

(i) the extraction of any mineral from the land (including removal from any disused railway embankment); or

(ii) the removal of any mineral from a mineral-working deposit,

the mineral shall not be moved off the unit;

(c) waste materials shall not be brought on to the land from elsewhere for deposit except for use in works described in Class A(a) or in the provision of a hard surface and any materials so brought shall be incorporated forthwith into the building or works in question.

(2) Subject to paragraph (3), development consisting of—

(a) the erection, extension or alteration of a building;

(b) the formation or alteration of a private way;

(c) the carrying out of excavations or the deposit of waste material (where the relevant area, as defined in paragraph D.4 below, exceeds 0.5 hectare); or

(d) the placing or assembly of a tank in any waters,

is permitted by Class A subject to the following conditions—

(i) the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be;

(ii) the application shall be accompanied by a written description of the proposed development and of the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii) the development shall not be begun before the occurrence of one of the following—

(aa) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(bb) where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval; or

(cc) the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(iv) (aa) where the local planning authority give the applicant notice that such prior approval is required the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant;

(bb) where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to in sub-paragraph (aa) has elapsed, he shall be treated as having complied with the requirements of that sub-paragraph if he has taken reasonable steps for protection of the notice and, if need be, its replacement;

(v) the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—

(aa) where prior approval is required, in accordance with the details approved;

(bb) where prior approval is not required, in accordance with the details submitted with the application; and

(vi) the development shall be carried out—

(aa) where approval has been given by the local planning authority, within a period of five years from the date on which approval was given;

(bb) in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (d)(ii).

(3) The conditions in paragraph (2) do not apply to the extension or alteration of a building if the building is not on article 1(6) land except in the case of a significant extension or a significant alteration.

(4) Development consisting of the significant extension or the significant alteration of a building may only be carried out once by virtue of Class A(a).

[F19 (5) Where development consists of works for the erection, significant extension or significant alteration of a building and

(a) the use of the building or extension for the purposes of agriculture within the unit permanently ceases within ten years from the date on which the development was substantially completed; and

(b) planning permission has not been granted on an application, or has not been deemed to be granted under Part III of the Act, for development for purposes other than agriculture, within three years from the date on which the use of the building or extension for the purposes of agriculture within the unit permanently ceased,

then, unless the local planning authority have otherwise agreed in writing, the building or, in the case of development consisting of an extension, the extension, shall be removed from the land and the land shall, so far as is practicable, be restored to its condition before the development took place, or to such condition as may have been agreed in writing between the local planning authority and the developer.

(6) Where an appeal has been made, under the Act, in relation to an application for development described in paragraph 5(b), within the period described in that paragraph, that period shall be extended until the appeal is finally determined or withdrawn.

(7) Where development is permitted by Class A(a), the developer shall notify the local planning authority, in writing and within 7 days, of the date on which the development was substantially completed.]

Textual Amendments

F18 Semicolon omitted and words and punctuation in Sch. 2 Pt. 6 Class A para. A.2(1)(a) inserted (W.) (5.10.2012) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 (S.I. 2012/2318), arts. 1(1), 2(5)

F19 Sch. 2 Pt. 6 Class A para. A.2(5)-(7) inserted (1.4.1997) by The Town and Country Planning (General Permitted Development) (Amendment) Order 1997 (S.I. 1997/366), arts. 1(1), 2(1)

Class B Development on units of less than 5 hectares E+W

Permitted development E+W

B.  The carrying out on agricultural land comprised in an agricultural unit of not less than 0.4 but less than 5 hectares in area of development consisting of—

(a) the extension or alteration of an agricultural building;

(b) the installation of additional or replacement plant or machinery;

(c) the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus;

(d) the provision, rearrangement or replacement of a private way;

(e) the provision of a hard surface;

(f) the deposit of waste; or

(g) the carrying out of any of the following operations in connection with fish farming, namely, repairing ponds and raceways; the installation of grading machinery, aeration equipment or flow meters and any associated channel; the dredging of ponds; and the replacement of tanks and nets,

where the development is reasonably necessary for the purposes of agriculture within the unit.

Development not permitted E+W

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

(a) the development would be carried out on a separate parcel of land forming part of the unit which is less than 0.4 hectare in area;

(b) the external appearance of the premises would be materially affected;

(c) any part of the development would be within 25 metres of a metalled part of a trunk road or classified road;

(d) it would consist of, or involve, the carrying out of any works to a building or structure used or to be used for the accommodation of livestock or the storage of slurry or sewage sludge where the building or structure is within 400 metres of the curtilage of a protected building; F20 ...

(e) it would relate to fish farming and would involve the placing or assembly of a tank on land or in any waters or the construction of a pond in which fish may be kept or an increase (otherwise than by the removal of silt) in the size of any tank or pond in which fish may be kept [F21 ; or]

[F22 (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.]

Textual Amendments

F20 Word in Sch. 2 Pt. 6 Class B para. B.1(d) omitted (W.) (5.10.2012) by virtue of The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 (S.I. 2012/2318), arts. 1(1), 2(6)

F21 Word and semicolon in Sch. 2 Pt. 6 Class B para. B.1(e) substituted for full stop (W.) (5.10.2012) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 (S.I. 2012/2318), arts. 1(1), 2(7)

F22 Sch. 2 Pt. 6 Class B para. B.1(f) inserted (W.) (5.10.2012) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 (S.I. 2012/2318), arts. 1(1), 2(8)

B.2   Development is not permitted by Class B(a) if— E+W

(a) the height of any building would be increased;

(b) the cubic content of the original building would be increased by more than 10%;

(c) any part of any new building would be more than 30 metres from the original building;

(d) the development would involve the extension, alteration or provision of a dwelling;

(e) any part of the development would be carried out within 5 metres of any boundary of the unit; or

(f) the ground area of any building extended by virtue of Class B(a) would exceed 465 square metres.

B.3   Development is not permitted by Class B(b) if— E+W

(a) the height of any additional plant or machinery within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres;

(b) the height of any additional plant or machinery not within 3 kilometres of the perimeter of an aerodrome would exceed 12 metres;

(c) the height of any replacement plant or machinery would exceed that of the plant or machinery being replaced; or

(d) the area to be covered by the development would exceed 465 square metres calculated as described in paragraph D.2 below.

B.4   Development is not permitted by Class B(e) if the area to be covered by the development would exceed 465 square metres calculated as described in paragraph D.2 below. E+W

Conditions E+W

B.5   Development permitted by Class B and carried out within 400 metres of the curtilage of a protected building is subject to the condition that any building which is extended or altered, or any works resulting from the development, shall not be used for the accommodation of livestock except in the circumstances described in paragraph D.3 below or for the storage of slurry or sewage sludge [F23 , 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.]

Textual Amendments

F23 Full stop omitted and words and punctuation in Sch. 2 Pt. 6 Class B para. B.5 inserted (W.) (5.10.2012) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 (S.I. 2012/2318), arts. 1(1), 2(9)

B.6   Development consisting of the extension or alteration of a building situated on article 1(6) land or the provision, rearrangement or replacement of a private way on such land is permitted subject to— E+W

(a) the condition that the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building as extended or altered or the siting and means of construction of the private way; and

(b) the conditions set out in paragraphs A.2(2)(ii) to (vi) above.

B.7   Development is permitted by Class B(f) subject to the following conditions— E+W

(a) that waste materials are not brought on to the land from elsewhere for deposit unless they are for use in works described in Class B(a), (d) or (e) and are incorporated forthwith into the building or works in question; and

(b) that the height of the surface of the land will not be materially increased by the deposit.

[F24 B.8   Development is permitted by Class B(a) subject to the following conditions— E+W

(a) Where development consists of works for the significant extension or significant alteration of a building and

(i) the use of the building or extension for the purposes of agriculture within the unit permanently ceases within ten years from the date on which the development was substantially completed; and

(ii) planning permission has not been granted on an application, or has not been deemed to be granted under Part III of the Act, for development for purposes other than agriculture, within three years from the date on which the use of the building or extension for the purposes of agriculture within the unit permanently ceased,

then, unless the local planning authority have otherwise agreed in writing, the extension, in the case of development consisting of an extension, shall be removed from the land and the land shall, so far as is practicable, be restored to its condition before the development took place, or to such condition as may have been agreed in writing between the local planning authority and the developer.

(b) Where an appeal has been made, under the Act, in relation to an application for development described in paragraph B.8(a)(ii), within the period described in that paragraph, that period shall be extended until the appeal is finally determined or withdrawn.

(c) The developer shall notify the local planning authority in writing and within 7 days, of the date on which the development was substantially completed.]

Textual Amendments

F24 Sch. 2 Pt. 6 Class B para. B.8 inserted (1.4.1997) by The Town and Country Planning (General Permitted Development) (Amendment) Order 1997 (S.I. 1997/366), arts. 1(1), 2(2)

Class C Mineral working for agricultural purposes E+W

Permitted development E+W

C.  The winning and working on land held or occupied with land used for the purposes of agriculture of any minerals reasonably necessary for agricultural purposes within the agricultural unit of which it forms part.

Development not permitted E+W

C.1   Development is not permitted by Class C if any excavation would be made within 25 metres of a metalled part of a trunk road or classified road.

Condition E+W

C.2   Development is permitted by Class C subject to the condition that no mineral extracted during the course of the operation shall be moved to any place outside the land from which it was extracted, except to land which is held or occupied with that land and is used for the purposes of agriculture.

Interpretation of Part 6 E+W

D.1   For the purposes of Part 6—

• “agricultural land" means land which, before development permitted by this Part is carried out, is land in use for agriculture and which is so used for the purposes of a trade or business, and excludes any dwellinghouse or garden;

• “agricultural unit" means agricultural land which is occupied as a unit for the purposes of agriculture, including—

  (a)

  any dwelling or other building on that land occupied for the purpose of farming the land by the person who occupies the unit, or

  (b)

  any dwelling on that land occupied by a farmworker;

• “building" does not include anything resulting from engineering operations;

• “fish farming" means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean and mollusc);

• “livestock" includes fish or shellfish which are farmed;

• “protected building" means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt; but does not include—

  (i)

  a building within the agricultural unit; or

  (ii)

  a dwelling or other building on another agricultural unit which is used for or in connection with agriculture;

• “significant extension" and “significant alteration" mean any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 10% or the height of the building as extended or altered would exceed the height of the original building;

• “slurry" means animal faeces and urine (whether or not water has been added for handling); and

• “tank" includes any cage and any other structure for use in fish farming.

D.2   For the purposes of Part 6— E+W

(a) an area calculated as described in this paragraph comprises the ground area which would be covered by the proposed development, together with the ground area of any building (other than a dwelling), or any structure, works, plant, machinery, ponds or tanks within the same unit which are being provided or have been provided within the preceding two years and any part of which would be within 90 metres of the proposed development;

(b) 400 metres is to be measured along the ground.

D.3   The circumstances referred to in paragraphs A.2(1)(a) and B.5 are— E+W

(a) that no other suitable building or structure, 400 metres or more from the curtilage of a protected building, is available to accommodate the livestock; and

(b) (i) that the need to accommodate the livestock arises from—

(aa) quarantine requirements; or

(bb) an emergency due to another building or structure in which the livestock could otherwise be accommodated being unavailable because it has been damaged or destroyed by fire, flood or storm; or

(ii) in the case of animals normally kept out of doors, they require temporary accommodation in a building or other structure—

(aa) because they are sick or giving birth or newly born; or

(bb) to provide shelter against extreme weather conditions.

D.4   For the purposes of paragraph A.2(2)(c), the relevant area is the area of the proposed excavation or the area on which it is proposed to deposit waste together with the aggregate of the areas of all other excavations within the unit which have not been filled and of all other parts of the unit on or under which waste has been deposited and has not been removed. E+W

D.5   In paragraph A.2(2)(iv), “site notice" means a notice containing— E+W

(a) the name of the applicant,

(b) the address or location of the proposed development,

(c) a description of the proposed development and of the materials to be used,

(d) a statement that the prior approval of the authority will be required to the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be,

(e) the name and address of the local planning authority, and which is signed and dated by or on behalf of the applicant.

D.6   For the purposes of Class B— E+W

(a) the erection of any additional building within the curtilage of another building is to be treated as the extension of that building and the additional building is not to be treated as an original building;

(b) where two or more original buildings are within the same curtilage and are used for the same undertaking they are to be treated as a single original building in making any measurement in connection with the extension or alteration of either of them.

D.7   In Class C, “the purposes of agriculture" includes fertilising land used for the purposes of agriculture and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used. E+W

[F25 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. E+W

Textual Amendments

F25 Sch. 2 Pt. 6 Class D paras. D.8, D.9 inserted (W.) (5.10.2012) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 (S.I. 2012/2318), arts. 1(1), 2(10)

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.] E+W

Textual Amendments

F25 Sch. 2 Pt. 6 Class D paras. D.8, D.9 inserted (W.) (5.10.2012) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 (S.I. 2012/2318), arts. 1(1), 2(10)

[F26 PART 6A E+W Community Growing Spaces

Textual Amendments

F26 Sch. 2 Pt. 6A inserted (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 3

Class A E+W

Permitted development E+W

A.  Development consisting of the erection, extension, alteration or replacement of storage sheds and greenhouses on community growing spaces.

Development not permitted E+W

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

(a) the development would be carried out on a community growing space of less than 62 square metres in area;

(b) on a community growing space of less than 125 square metres in area, it would result in the presence of more than either—

(i) one storage shed; or

(ii) one greenhouse;

(c) on a community growing space of 125 square metres or more in area, it would result in the presence of more than one storage shed and one greenhouse;

(d) the ground area of the storage shed or greenhouse would exceed 6 square metres when measured externally;

(e) any part of the storage shed or greenhouse would exceed 2.2 metres in height;

(f) the development would be on article 1(5) land;

(g) the development would be on land within a World Heritage Site;

(h) the development would be within the curtilage of a listed building; or

(i) the development would be within—

(i) 8 metres of a non-tidal main river (or within 8 metres of any flood defence structure or culvert on that river); or

(ii) within 16 metres of a tidal main river (or within 16 metres of any flood defence structure or culvert on that river).

Interpretation of Class A E+W

A.2.   For the purposes of Class A—

“community growing space” means—

(a)

an allotment including an allotment garden within the meaning of the Allotments Act 1922; or

(b)

any other land used or intended for use—

(i)

by one or more communities,

(ii)

wholly or mainly for the cultivation of vegetables, fruit, herbs or flowers, and

(iii)

otherwise than with a view to making a profit;

“culvert” means a covered channel or pipe which prevents the obstruction of a main river or drainage path by an artificial construction;

“flood defence structure” means any permanent works constructed, operated or maintained by the Natural Resources Body for Wales, for the purposes of managing flood risk;

“greenhouse” means a structure such as a glasshouse or polytunnel in which vegetables, fruit, herbs or flowers are cultivated under cover in an enclosed space, but does not include a structure in which livestock are kept;

“main river” has the meaning given in section 113(1) of the Water Resources Act 1991;

“non-tidal main river” means any part of a main river that is not a tidal main river;

“normal tidal limit” means the normal tidal limit as marked on the Ordnance Maps (1:25,000 scale);

“tidal main river” means that part of a main river downstream of the normal tidal limit.]

PART 7 E+W FORESTRY BUILDINGS AND OPERATIONS

Class A E+W

Permitted development E+W

A.  The carrying out on land used for the purposes of forestry, including afforestation, of development reasonably necessary for those purposes consisting of—

(a) works for the erection, extension or alteration of a building;

(b) the formation, alteration or maintenance of private ways;

(c) operations on that land, or on land held or occupied with that land, to obtain the materials required for the formation, alteration or maintenance of such ways;

(d) other operations (not including engineering or mining operations).

Development not permitted E+W

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

(a) it would consist of or include the provision or alteration of a dwelling;

(b) the height of any building or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres in height; F27 ...

(c) any part of the development would be within 25 metres of the metalled portion of a trunk road or classified road [F28 ; or]

[F29 (d) any building for storing fuel for or waste from a biomass boiler or an anaerobic digestion system would be used for storing fuel not produced on land which is occupied together with that building for the purposes of forestry or waste not produced by that boiler or system.]

Textual Amendments

F27 Word in Sch. 2 Pt. 7 Class A para. A.1(b) omitted (W.) (5.10.2012) by virtue of The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 (S.I. 2012/2318), arts. 1(1), 3(2)

F28 Word and semicolon in Sch. 2 Pt. 7 Class A para. A.1(c) substituted for full stop (W.) (5.10.2012) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 (S.I. 2012/2318), arts. 1(1), 3(3)

F29 Sch. 2 Pt. 7 Class A para. A.1(d) inserted (W.) (5.10.2012) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 (S.I. 2012/2318), arts. 1(1), 3(4)

A.2— (1) Subject to paragraph (3), development consisting of the erection of a building or the extension or alteration of a building or the formation or alteration of a private way is permitted by Class A subject to the following conditions— E+W

(a) the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way;

(b) the application shall be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site together with any fee required to be paid;

(c) the development shall not be begun before the occurrence of one of the following—

(i) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(ii) where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

(iii) the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(d) (i) where the local planning authority give the applicant notice that such prior approval is required the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant;

(ii) where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to in sub-paragraph (i) has elapsed, he shall be treated as having complied with the requirements of that sub-paragraph if he has taken reasonable steps for protection of the notice and, if need be, its replacement;

(e) the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—

(i) where prior approval is required, in accordance with the details approved;

(ii) where prior approval is not required, in accordance with the details submitted with the application;

(f) the development shall be carried out—

(i) where approval has been given by the local planning authority, within a period of five years from the date on which approval was given,

(ii) in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (b).

(2) In the case of development consisting of the significant extension or the significant alteration of the building such development may be carried out only once.

(3) Paragraph (1) does not preclude the extension or alteration of a building if the building is not on article 1(6) land except in the case of a significant extension or a significant alteration.

Interpretation of Class A E+W

A.3   For the purposes of Class A—

• “significant extension" and “significant alteration" mean any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 10% or the height of the building as extended or altered would exceed the height of the original building; and

• “site notice" means a notice containing—

  (a)

  the name of the applicant,

  (b)

  the address or location of the proposed development,

  (c)

  a description of the proposed development and of the materials to be used,

  (d)

  a statement that the prior approval of the authority will be required to the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way,

  (e)

  the name and address of the local planning authority,

  and which is signed and dated by or on behalf of the applicant.

[F30 A.4.   For the purposes of Class A(a) “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.]

Textual Amendments

F30 Sch. 2 Pt. 7 Class A para. A.4 inserted (W.) (5.10.2012) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 (S.I. 2012/2318), arts. 1(1), 3(5)

[F31 PART 8 E+W INDUSTRIAL AND WAREHOUSE DEVELOPMENT

Textual Amendments

F31 Sch. 2 Pt. 8 substituted (W.) (28.4.2014) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2014 (S.I. 2014/592), arts. 1(1), 2(3)

Class A W

Permitted development W

A.  The erection, extension or alteration of an industrial building or a warehouse.

Development not permitted W

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

(a) the height of any part of the new building erected would exceed—

(i) if within 10 metres of a boundary of the curtilage of the premises, 5 metres;

(ii) in all other cases, the height of the highest building within the curtilage of the premises or 15 metres, whichever is lower;

(b) the height of the building as extended or altered would exceed—

(i) if within 10 metres of a boundary of the curtilage of the premises, 5 metres;

(ii) in all other cases, the height of the building being extended or altered;

(c) any part of the development, would be within 5 metres of any boundary of the curtilage of the premises;

(d) the gross floor space of any new building erected would exceed 100 square metres;

(e) the gross floor space of the original building would be exceeded by more than—

(i) 10% in respect of development on any article 1(5) land or within a World Heritage Site, or 25% in any other case; or

(ii) 500 square metres in respect of development on any article 1(5) land or within a World Heritage Site, or 1,000 square metres in any other case;

whichever is the lesser;

(f) the development would lead to a reduction in the space available for the parking or turning of vehicles; or

(g) the development would be within the curtilage of a listed building.

Conditions W

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

(a) the development must be within the curtilage of an existing industrial building or warehouse;

(b) any building as erected, extended or altered may only be used—

(i) in the case of an industrial building, for the carrying out of an industrial process for the purposes of the undertaking, for research and development of products or processes, or the provision of employee facilities ancillary to the undertaking;

(ii) in the case of a warehouse, for storage or distribution for the purposes of the undertaking or the provision of employee facilities ancillary to the undertaking;

(c) no building as erected, extended or altered may be used to provide employee facilities—

(i) between 7.00 pm and 6.30 am, for employees other than those present at the premises of the undertaking for the purpose of their employment, or

(ii) at all, if a notifiable quantity of a hazardous substance is present at the premises of the undertaking;

(d) any new building erected must, in the case of article 1(5) land or land within a World Heritage Site, be constructed using materials which have a similar external appearance to those used for the existing industrial building or warehouse; and

(e) any extension or alteration must, in the case of article 1(5) land or land within a World Heritage Site, be constructed using materials which have a similar external appearance to those used for the building being extended or altered.

Interpretation of Class A W

A.3.   For the purposes of Class A—

(a) where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement;

(b) “original building” does not include any building erected at any time under Class A; and

(c) “employee facilities” means social, care or recreational facilities provided for employees of the undertaking, including crèche facilities provided for the children of such employees.

Class B W

Permitted development W

B.  Development carried out on industrial land for the purposes of an industrial process consisting of—

(a) the installation of additional or replacement plant or machinery,

(b) the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus, or

(c) the provision, rearrangement or replacement of a private way, private railway, siding or conveyor.

Development not permitted W

B.1.   Development described in Class B(a) is not permitted if—

(a) it would materially affect the external appearance of the premises of the undertaking concerned; or

(b) any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.

Interpretation of Class B W

B.2.   In Class B, “industrial land” means land used for the carrying out of an industrial process, including land used for the purposes of an industrial undertaking as a dock, harbour or quay but does not include land in or adjacent to and occupied together with a mine.

Class C W

Permitted development W

C.  Development consisting of—

(a) the provision of a hard surface within the curtilage of an industrial building or warehouse to be used for the purpose of the undertaking concerned; or

(b) the replacement in whole or in part of such a surface.

Development not permitted W

C.1.   Development is not permitted by Class C if the development would be within the curtilage of a listed building.

Conditions W

C.2.   Development is permitted by Class C subject to the condition that the hard surface must be—

(a) porous or permeable; or

(b) provided to direct run-off water from the hard surface to a porous or permeable area or surface within the curtilage of the industrial building or warehouse; and

(c) permanently maintained so that it continues to comply with the requirements of paragraph (a) and (b).

Class D W

Permitted development W

D.  The deposit of waste material resulting from an industrial process on any land comprised in a site which was used for that purpose on 1st July 1948 whether or not the superficial area or the height of the deposit is extended as a result.

Development not permitted W

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

(a) the waste material is or includes material resulting from the winning and working of minerals; or

(b) the use on 1 July 1948 was for the deposit of material resulting from the winning and working of minerals.

Class E E+W

Permitted development E+W

E.  The erection or construction of a refuse or cycle store within the curtilage of an industrial building or warehouse.

Development not permitted E+W

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

(a) the gross floor space of the building or enclosure would exceed 20 square metres;

(b) any part of the building or enclosure erected would be within;

(i) 5 metres of any boundary of the curtilage of the premises; or

(ii) 20 metres of any building used for residential purposes;

(c) the height of the building or enclosure would exceed 2.5 metres;

(d) the development would be on article 1(5) land;

(e) the development would be on land within a World Heritage Site;

(f) the development would be within the curtilage of a listed building; or

(g) the development would lead to a reduction in the space available for the parking and turning of vehicles.

Condition E+W

E.2.   Development is permitted by Class E subject to the condition that the building or enclosure is only used for the storage of refuse or bicycles.

Interpretation of Class E E+W

E.3.   For the purposes of Class E—

“cycle store” means a building or enclosure designed to be used for the storage of bicycles;

“refuse store” means a building or enclosure designed to be used for the storage of refuse which may include recycling; and

“residential purposes” means a building used for any purpose within Part C of the Schedule to the Use Classes Order, as a hostel or as a flat and includes buildings used in part for residential purposes and in part for other purposes.

Interpretation of Part 8 E+W

F.   For the purposes of Part 8—

“industrial building” means a building used for the carrying out of an industrial process and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purposes of an industrial undertaking and land used for research and development of products or processes, but does not include a building on land in or adjacent to and occupied together with a mine; and

“warehouse” means a building used for any purpose within Class B8 (storage or distribution) of the Schedule to the Use Classes Order but does not include a building on land in or adjacent to and occupied together with a mine.]

PART 9 E+W REPAIRS TO UNADOPTED STREETS AND PRIVATE WAYS

Class A E+W

Permitted development E+W

A.  The carrying out on land within the boundaries of an unadopted street or private way of works required for the maintenance or improvement of the street or way.

Interpretation of Class A E+W

A.1   For the purposes of Class A—

“unadopted street" means a street not being a highway maintainable at the public expense within the meaning of the Highways Act 1980 M1 .

Marginal Citations

M1 1980 c. 66.

PART 10 E+W REPAIRS TO SERVICES

Class A E+W

Permitted development E+W

The carrying out of any works for the purposes of inspecting, repairing or renewing any sewer, main, pipe, cable or other apparatus, including breaking open any land for that purpose.

PART 11 E+W DEVELOPMENT UNDER LOCAL OR PRIVATE ACTS OR ORDERS

Class A E+W

Permitted development E+W

A.  Development authorised by—

(a) a local or private Act of Parliament,

(b) an order approved by both Houses of Parliament, or

(c) an order under section 14 or 16 of the Harbours Act 1964 M2 (orders for securing harbour efficiency etc., and orders conferring powers for improvement, construction etc. of harbours)

which designates specifically the nature of the development authorised and the land upon which it may be carried out.

Marginal Citations

M2 1964 c. 40; section 14 was amended by paragaph 2, and sections 14 and 16 were amended by paragraphs 3, 4 and 14, of Schedule 6 to, and by Part II of Schedule 12 to, the Transport Act 1981 (c. 56); section 14 was amended by paragraph 1, and section 16 was amended by paragraph 2, of Schedule 3 to the Transport and Works Act 1992 (c. 42).

Condition E+W

A.1   Development is not permitted by Class A if it consists of or includes—

(a) the erection, construction, alteration or extension of any building, bridge, aqueduct, pier or dam, or

(b) the formation, laying out or alteration of a means of access to any highway used by vehicular traffic,

unless the prior approval of the appropriate authority to the detailed plans and specifications is first obtained.

Prior approvals E+W

A.2   The prior approval referred to in paragraph A.1 is not to be refused by the appropriate authority nor are conditions to be imposed unless they are satisfied that—

(a) the development (other than the provision of or works carried out to a dam) ought to be and could reasonably be carried out elsewhere on the land; or

(b) the design or external appearance of any building, bridge, aqueduct, pier or dam would injure the amenity of the neighbourhood and is reasonably capable of modification to avoid such injury.

Interpretation of Class A E+W

A. 3   In Class A, “appropriate authority" means—

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

(b) in a National Park [F32 in England], outside a metropolitan county, the county planning authority,

(c) in any other case [F33 in England], the district planning authority M3 .

[F34 (d) in Wales, the local planning authority.]

Textual Amendments

F32 Words in Sch. 2 Pt. 11 Class A para. A.3(b) inserted (1.4.1996) by The Town and Country Planning (General Permitted Development) (Amendment) Order 1996 (S.I. 1996/528), arts. 1, 2(f)(i)

F33 Words in Sch. 2 Pt. 11 Class A para. A.3(c) inserted (1.4.1996) by The Town and Country Planning (General Permitted Development) (Amendment) Order 1996 (S.I. 1996/528), arts. 1, 2(f)(ii)

F34 Sch. 2 Pt. 11 Class A para. A.3(d) added (1.4.1996) by The Town and Country Planning (General Permitted Development) (Amendment) Order 1996 (S.I. 1996/528), arts. 1, 2(f)(iii)

Marginal Citations

M3 For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.

PART 12 E+W DEVELOPMENT BY LOCAL AUTHORITIES

Class A E+W

Permitted development E+W

A.  The erection or construction and the maintenance, improvement or other alteration by a local authority or by 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, and similar structures or works required in connection with the operation of any public service administered by them.

[F35 (c) electric vehicle charging points and any associated infrastructure.]

Textual Amendments

F35 Sch. 2 Pt. 12 Class A para. A.(c) inserted (W.) (1.4.2019) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 4

Interpretation of Class A E+W

A.1   For the purposes of Class A—

“urban development corporation" has the same meaning as in Part XVI of the Local Government, Planning and Land Act 1980 M4 (urban development).

Marginal Citations

M4 1980 c. 65.

A.2   The reference in Class A to any small ancillary building, works or equipment is a reference to any ancillary building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity. E+W

Class B E+W

Permitted development E+W

B.  The deposit by a local authority of waste material on any land comprised in a site which was used for that purpose on 1st July 1948 whether or not the superficial area or the height of the deposit is extended as a result.

Development not permitted E+W

B.1   Development is not permitted by Class B if the waste material is or includes material resulting from the winning and working of minerals.

Interpretation of Part 12 E+W

C.   For the purposes of Part 12—

“local authority" includes a parish or community council.

[F36 PART 12A E+W Emergency Development by Local Authorities

Textual Amendments

F36 Sch. 2 Pt. 12A inserted (W.) (30.3.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2020 (S.I. 2020/367), arts. 1(1), 2(2)

Class A E+W

Permitted development E+W

A.  Development by a local authority on land owned, leased, occupied or maintained by it for the purposes of—

(a) preventing an emergency;

(b) reducing, controlling or mitigating the effects of an emergency; or

(c) taking other action in connection with an emergency.

Conditions E+W

A.1.   Development is permitted by Class A subject to the following conditions—

(a) if the developer is not also the local planning authority, the developer must, as soon as reasonably practicable notify the local planning authority of that development; F37 ...

[F38 (b) on or before the expiry date—

(i) any use of that land for a purpose of Class A must cease and any buildings, plant, machinery, structures and erections permitted by Class A must be removed; and

(ii) the land must be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer; and]

[F39 (c) in sub-paragraph (b), “the expiry date” means—

(i) for developments which begin before 30 March 2021 the date eighteen months after the date on which the development began; and

(ii) for developments which begin on or after 30 March 2021 the date twelve months after the date on which the development began.]

Textual Amendments

F37 Word in Sch. 2 Pt. 12A Class A para. A.1(a) omitted (W.) (29.3.2021) by virtue of The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2021 (S.I. 2021/254), arts. 1(1), 4(2)

F38 Sch. 2 Pt. 12A Class A para. A.1(b) substituted (W.) (29.3.2021) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2021 (S.I. 2021/254), arts. 1(1), 4(3)

F39 Sch. 2 Pt. 12A Class A para. A.1(c) inserted (W.) (29.3.2021) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2021 (S.I. 2021/254), arts. 1(1), 4(4)

Interpretation of Class A E+W

A.2.— (1) For the purposes of Class A, “emergency” means an event or situation which threatens serious damage to human welfare in a place in the United Kingdom.

(2) For the purposes of paragraph (1), an event or situation threatens damage to human welfare only if it involves, causes or may cause—

(a) loss of human life;

(b) human illness or injury;

(c) homelessness;

(d) damage to property;

(e) disruption of a supply of money, food, water, energy or fuel;

(f) disruption of a system of communication;

(g) disruption of facilities for transport; or

(h) disruption of services relating to health.]

[F40 PART 13 E+W DEVELOPMENT BY HIGHWAY AUTHORITIES

Textual Amendments

F40 Sch. 2 Pt. 13 (Classes A and B) substituted for Sch. 2 Pt. 13 (Class A) (W.) (7.6.2006) by The Town and Country Planning (Miscellaneous Amendments and Modifications relating to Crown Land) (Wales) Order 2006 (S.I. 2006/1386), arts. 1(1), 3(6)(a), Sch. Pt. 1

Modifications etc. (not altering text)

C1 Sch. 2 Pt. 13 excluded (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (S.I. 2015/1347), art. 1, Sch. 2 para. 32

Class A E+W

Permitted development E+W

A.   The carrying out by a highway authority—

(a) on land within the boundaries of a road, of any works required for the maintenance or improvement of the road, where such works involve development by virtue of section 55(2)(b) of the Act; or

(b) on land outside but adjoining the boundary of an existing highway of works required for or incidental to the maintenance or improvement of the highway.

Class B E+W

Permitted development E+W

B.   The carrying out by the Secretary of State or a strategic highways company of works in exercise of the functions of the Secretary of State or the company under the Highways Act 1980, or works in connection with, or incidental to, the exercise of those functions.

“B.1.    Interpretation of Class B E+W

For the purposes of Class B “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.]

PART 14 E+W DEVELOPMENT BY DRAINAGE BODIES

Class A E+W

Permitted development E+W

A.  Development by a drainage body in, on or under any watercourse or land drainage works and required in connection with the improvement, maintenance or repair of that watercourse or those works.

Interpretation of Class A E+W

A.1   For the purposes of Class A—

“drainage body" has the same meaning as in section 72(1) of the Land Drainage Act 1991 M5 (interpretation) other than [F41 the Environment Agency and the Natural Resources Body for Wales].

Textual Amendments

F41 Words in Sch. 2 Pt. 14 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 50(2) (with Sch. 7)

Marginal Citations

M5 1991 c. 59.

PART 15 E+W [F42 Development by the Environment Agency and the Natural Resources Body for Wales]

Textual Amendments

F42 Sch. 2 Pt. 15 heading substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 50(4) (with Sch. 7)

Class A E+W

Permitted development E+W

A.  Development [F43 by the Environment Agency or the Natural Resources Body for Wales for the purposes of their respective functions], consisting of—

(a) development not above ground level required in connection with conserving, redistributing or augmenting water resources,

(b) development in, on or under any watercourse or land drainage works and required in connection with the improvement, maintenance or repair of that watercourse or those works,

(c) the provision of a building, plant, machinery or apparatus in, on, over or under land for the purpose of survey or investigation,

(d) the maintenance, improvement or repair of works for measuring the flow in any watercourse or channel,

(e) any works authorised by or required in connection with an order made under section 73 of the Water Resources Act 1991 M6 (power to make ordinary and emergency drought orders),

(f) any other development in, on, over or under their operational land, other than the provision of a building but including the extension or alteration of a building.

Textual Amendments

F43 Words in Sch. 2 Pt. 15 para. A substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 50(3) (with Sch. 7)

Marginal Citations

M6 1991 c. 57.

Development not permitted E+W

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

(a) in the case of any Class A(a) development, it would include the construction of a reservoir,

(b) in the case of any Class A(f) development, it would consist of or include the extension or alteration of a building so that—

(i) its design or external appearance would be materially affected,

(ii) the height of the original building would be exceeded, or the cubic content of the original building would be exceeded by more than 25%, or

(iii) the floor space of the original building would be exceeded by more than 1,000 square metres,

or

(c) in the case of any Class A(f) development, it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.

Condition E+W

A.2   Development is permitted by Class A(c) subject to the condition that, on completion of the survey or investigation, or at the expiration of six months from the commencement of the development concerned, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery and apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition (or to any other condition which may be agreed with the local planning authority).

PART 16 E+W DEVELOPMENT BY OR ON BEHALF OF SEWERAGE UNDERTAKERS

Class A E+W

Permitted development E+W

A.  Development by or on behalf of a sewerage undertaker consisting of—

(a) development not above ground level required in connection with the provision, improvement, maintenance or repair of a sewer, outfall pipe, sludge main or associated apparatus;

(b) the provision of a building, plant, machinery or apparatus in, on, over or under land for the purpose of survey or investigation;

(c) the maintenance, improvement or repair of works for measuring the flow in any watercourse or channel;

(d) any works authorised by or required in connection with an order made under section 73 of the Water Resources Act 1991 (power to make ordinary and emergency drought orders);

(e) any other development in, on, over or under their operational land, other than the provision of a building but including the extension or alteration of a building.

Development not permitted E+W

A.1   Development is not permitted by Class A(e) if—

(a) it would consist of or include the extension or alteration of a building so that—

(i) its design or external appearance would be materially affected;

(ii) the height of the original building would be exceeded, or the cubic content of the original building would be exceeded, by more than 25%; or

(iii) the floor space of the original building would be exceeded by more than 1,000 square metres;

or

(b) it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.

Condition E+W

A.2   Development is permitted by Class A(b) subject to the condition that, on completion of the survey or investigation, or at the expiration of 6 months from the commencement of the development concerned, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery and apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition (or to any other condition which may be agreed with the local planning authority).

Interpretation of Class A E+W

A.3   For the purposes of Class A—

• “associated apparatus", in relation to any sewer, main or pipe, means pumps, machinery or apparatus associated with the relevant sewer, main or pipe;

• “sludge main" means a pipe or system of pipes (together with any pumps or other machinery or apparatus associated with it) for the conveyance of the residue of water or sewage treated in a water or sewage treatment works as the case may be, including final effluent or the products of the dewatering or incineration of such residue, or partly for any of those purposes and partly for the conveyance of trade effluent or its residue.

PART 17 E+W DEVELOPMENT BY STATUTORY UNDERTAKERS

Class A Railway or light railway undertakings E+W

Permitted development E+W

A.  Development by railway undertakers on their operational land, required in connection with the movement of traffic by rail.

Development not permitted E+W

A.1   Development is not permitted by Class A if it consists of or includes—

(a) the construction of a railway,

(b) the construction or erection of a hotel, railway station or bridge, or

(c) the construction or erection otherwise than wholly within a railway station of—

(i) an office, residential or educational building, or a building used for an industrial process, or

(ii) a car park, shop, restaurant, garage, petrol filling station or other building or structure provided under transport legislation.

Interpretation of Class A E+W

A.2   For the purposes of Class A, references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected.

Class B Dock, pier, harbour, water transport, canal or inland navigation undertakings E+W

Permitted development E+W

B.  Development on operational land by statutory undertakers or their lessees in respect of dock, pier, harbour, water transport, or canal or inland navigation undertakings, required—

(a) for the purposes of shipping, or

(b) in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, pier or harbour, or with the movement of traffic by canal or inland navigation or by any railway forming part of the undertaking.

Development not permitted E+W

B.1   Development is not permitted by Class B if it consists of or includes—

(a) the construction or erection of a hotel, or of a bridge or other building not required in connection with the handling of traffic,

(b) the construction or erection otherwise than wholly within the limits of a dock, pier or harbour of—

(i) an educational building, or

(ii) a car park, shop, restaurant, garage, petrol filling station or other building provided under transport legislation.

Interpretation of Class B E+W

B.2   For the purposes of Class B, references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected, and the reference to operational land includes land designated by an order made under section 14 or 16 of the Harbours Act 1964 M7 (orders for securing harbour efficiency etc., and orders conferring powers for improvement, construction etc. of harbours), and which has come into force, whether or not the order was subject to the provisions of the Statutory Orders (Special Procedure) Act 1945 M8 .

Marginal Citations

M7 1964 c. 40; section 14 was amended by paragaph 2, and sections 14 and 16 were amended by paragraphs 3, 4 and 14, of Schedule 6 to, and by Part II of Schedule 12 to, the Transport Act 1981 (c. 56); section 14 was amended by paragraph 1, and section 16 was amended by paragraph 2, of Schedule 3 to the Transport and Works Act 1992 (c. 42).

M8 1945 c. 18 (9 and 10 Geo. 6).

Class C Works to inland waterways E+W

Permitted development E+W

C.  The improvement, maintenance or repair of an inland waterway (other than a commercial waterway or cruising waterway) to which section 104 of the Transport Act 1968 M9 (classification of the Board’s waterways) applies, and the repair or maintenance of a culvert, weir, lock, aqueduct, sluice, reservoir, let-off valve or other work used in connection with the control and operation of such a waterway.

Marginal Citations

M9 1968 c. 73.

Class D Dredgings E+W

Permitted development E+W

D.  The use of any land by statutory undertakers in respect of dock, pier, harbour, water transport, canal or inland navigation undertakings for the spreading of any dredged material.

Class E Water or hydraulic power undertakings E+W

Permitted development E+W

E.  Development for the purposes of their undertaking by statutory undertakers for the supply of water or hydraulic power consisting of—

(a) development not above ground level required in connection with the supply of water or for conserving, redistributing or augmenting water resources, or for the conveyance of water treatment sludge,

(b) development in, on or under any watercourse and required in connection with the improvement or maintenance of that watercourse,

(c) the provision of a building, plant, machinery or apparatus in, on, over or under land for the purpose of survey or investigation,

(d) the maintenance, improvement or repair of works for measuring the flow in any watercourse or channel,

(e) the installation in a water distribution system of a booster station, valve house, meter or switch-gear house,

(f) any works authorised by or required in connection with an order made under section 73 of the Water Resources Act 1991 M10 (power to make ordinary and emergency drought orders),

(g) any other development in, on, over or under operational land other than the provision of a building but including the extension or alteration of a building.

Marginal Citations

M10 1991 c. 57.

Development not permitted E+W

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

(a) in the case of any Class E(a) development, it would include the construction of a reservoir,

(b) in the case of any Class E(e) development involving the installation of a station or house exceeding 29 cubic metres in capacity, that installation is carried out at or above ground level or under a highway used by vehicular traffic,

(c) in the case of any Class E(g) development, it would consist of or include the extension or alteration of a building so that—

(i) its design or external appearance would be materially affected;

(ii) the height of the original building would be exceeded, or the cubic content of the original building would be exceeded by more than 25%, or

(iii) the floor space of the original building would be exceeded by more than 1,000 square metres, or

(d) in the case of any Class E(g) development, it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.

Condition E+W

E.2   Development is permitted by Class E(c) subject to the condition that, on completion of the survey or investigation, or at the expiration of six months from the commencement of the development, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery and apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition (or to any other condition which may be agreed with the local planning authority).

Class F [F44 Public gas transporters] E+W

Textual Amendments

F44 Words in Sch. 2 Pt. 17 substituted (1.3.1996) by The Gas Act 1995 (Consequential Modifications of Subordinate Legislation) Order 1996 (S.I. 1996/252), art. 1, Sch.

Permitted development E+W

F.  Development by a [F44 public 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 M11 (storage authorisation orders), 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 III of the Act (control over development);

(e) the erection on operational land of the [F44 public 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 [F44 public gas transporter].

Marginal Citations

M11 1965 c. 36; section 4 was amended by paragraph 6 of Schedule 7, and Part I of Schedule 9, to the Gas Act 1986 (c. 44), and by paragraph 12 of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11).

Development not permitted E+W

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

(a) in the case of any Class F(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 F(c) development—

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

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

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

(d) in the case of any Class F(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 E+W

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

(a) in the case of any Class F(a) development, not less than eight weeks before the beginning of operations to lay a notifiable pipe-line, the [F44 public gas transporter] shall 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 F(d) development, on completion of the laying or construction of the main or pipe, or at the expiry of a period of nine months from the beginning of the development, whichever is the sooner, any pipes or other apparatus still stored on the land shall be 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),

(c) in the case of any Class F(e) development, approval of the details of the design and external appearance of the building shall 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 [F45 in England], outside a metropolitan county, the county planning authority,

(iii) in any other case [F46 in England], the district planning authority M12 .

[F47 (iv) in Wales, the local planning authority.]

Textual Amendments

F45 Words in Sch. 2 Pt. 17 Class F para. F.2(c)(ii) inserted (1.4.1996) by The Town and Country Planning (General Permitted Development) (Amendment) Order 1996 (S.I. 1996/528), arts. 1, 2(g)(i)

F46 Words in Sch. 2 Pt. 17 Class F para. F.2(c)(iii) inserted (1.4.1996) by The Town and Country Planning (General Permitted Development) (Amendment) Order 1996 (S.I. 1996/528), arts. 1, 2(g)(ii)

F47 Sch. 2 Pt. 17 Class F para. F.2(c)(iv) added (1.4.1996) by The Town and Country Planning (General Permitted Development) (Amendment) Order 1996 (S.I. 1996/528), arts. 1, 2(g)(iii)

Marginal Citations

M12 For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.

Class G Electricity undertakings E+W

Permitted development E+W

G.  Development by statutory undertakers for the generation, transmission or supply of electricity for the purposes of their undertaking consisting of—

(a) the installation or replacement in, on, over or under land of an electric line and the construction of shafts and tunnels and the installation or replacement of feeder or service pillars or transforming or switching stations or chambers reasonably necessary in connection with an electric line;

(b) the installation or replacement of any [F48 electronic communications line] which connects any part of an electric line to any electrical plant or building, and the installation or replacement of any support for any such line;

(c) the sinking of boreholes to ascertain the nature of the subsoil and the installation of any plant or machinery reasonably necessary in connection with such boreholes;

(d) the extension or alteration of buildings on operational land;

(e) the erection on operational land of the undertaking or 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 undertaking.

Textual Amendments

F48 Words in Sch. 2 Pt. 17 Class G substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 38(2)(a)-(c)

Development not permitted E+W

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

(a) in the case of any Class G(a) development—

[F49 (ai) it would consist of or include the installation or replacement of a devolved associated line within the meaning set out in paragraph A.3(1) of Part 17A;]

(i) it would consist of or include the installation or replacement of an electric line to which section 37(1) of the Electricity Act 1989 M13 (consent required for overhead lines) applies; or

(ii) it would consist of or include the installation or replacement at or above ground level or under a highway used by vehicular traffic, of a chamber for housing apparatus and the chamber would exceed 29 cubic metres in capacity;

(b) in the case of any Class G(b) development—

(i) the development would take place in a National Park, an area of outstanding natural beauty, or a site of special scientific interest;

(ii) the height of any support would exceed 15 metres; or

(iii) the [F48 electronic communications line] would exceed 1,000 metres in length;

(c) in the case of any Class G(d) development—

(i) the height of the original building would be exceeded;

(ii) the cubic content of the original building would be exceeded by more than 25% or, in the case of any building on article 1(5) land, by more than 10%, or

(iii) the floor space of the original building would be exceeded by more than 1,000 square metres or, in the case of any building on article 1(5) land, by more than 500 square metres;

(d) in the case of any Class G(e) development, the building would exceed 15 metres in height, or

(e) in the case of any Class G(f) development, it would consist of or include—

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

(ii) the installation or erection by way of addition or replacement of any plant or machinery exceeding 15 metres in height or the height of any plant or machinery replaced, whichever is the greater.

Textual Amendments

F48 Words in Sch. 2 Pt. 17 Class G substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 38(2)(a)-(c)

F49 Sch. 2 Pt. 17 Class G para. G.1(ai) inserted (W.) (1.4.2019) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 5(1)

Marginal Citations

M13 1989 c. 29.

Conditions E+W

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

(a) in the case of any Class G(a) development consisting of or including the replacement of an existing electric line, compliance with any conditions contained in a planning permission relating to the height, design or position of the existing electric line which are capable of being applied to the replacement line;

(b) in the case of any Class G(a) development consisting of or including the installation of a temporary electric line providing a diversion for an existing electric line, on the ending of the diversion or at the end of a period of six months from the completion of the installation (whichever is the sooner) the temporary electric line shall be removed and the land on which any operations have been carried out to install that line shall be restored as soon as reasonably practicable to its condition before the installation took place;

(c) in the case of any Class G(c) development, on the completion of that development, or at the end of a period of six months from the beginning of that development (whichever is the sooner) any plant or machinery installed shall be removed and the land shall be restored as soon as reasonably practicable to its condition before the development took place;

(d) in the case of any Class G(e) development, approval of details of the design and external appearance of the buildings shall be obtained, before development is begun, from—

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

(ii) in a National Park [F50 in England], outside a metropolitan county, the county planning authority,

(iii) in any other case [F51 in England], the district planning authority M14 .

[F52 (iv) in Wales, the local planning authority.]

Textual Amendments

F50 Words in Sch. 2 Pt. 17 Class G para. G.2(d)(ii) inserted (1.4.1996) by The Town and Country Planning (General Permitted Development) (Amendment) Order 1996 (S.I. 1996/528), arts. 1, 2(h)(i)

F51 Words in Sch. 2 Pt. 17 Class G para. G.2(d)(iii) inserted (1.4.1996) by The Town and Country Planning (General Permitted Development) (Amendment) Order 1996 (S.I. 1996/528), arts. 1, 2(h)(ii)

F52 Sch. 2 Pt. 17 Class G para. G.2(d)(iv) added (1.4.1996) by The Town and Country Planning (General Permitted Development) (Amendment) Order 1996 (S.I. 1996/528), arts. 1, 2(h)(iii)

Marginal Citations

M14 For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.

Interpretation of Class G E+W

G.3   For the purposes of Class G(a), “electric line" has the meaning assigned to that term by section 64(1) of the Electricity Act 1989 (interpretation etc. of Part 1).

G.4   For the purposes of Class G(b), “electrical plant" has the meaning assigned to that term by the said section 64(1) and “[F48 electronic communications line]" means a wire or cable (including its casing or coating) which forms part of [F48 an electronic communications apparatus] within the meaning assigned to that term by [F53 paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003] (the [F48 electronic communications code]). E+W

Textual Amendments

F48 Words in Sch. 2 Pt. 17 Class G substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 38(2)(a)-(c)

F53 Words in Sch. 2 Pt. 17 Class G para. G.4 substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 3 para. 3(2)

G.5   For the purposes of Class G(d), (e) and (f), the land of the holder of a licence under section 6(2) of the Electricity Act 1989 (licences authorising supply etc.) shall be treated as operational land if it would be operational land within section 263 of the Act M15 (meaning of “operational land") if such licence holders were statutory undertakers for the purpose of that section. E+W

Marginal Citations

M15 Section 263 was amended by paragraph 23 of Schedule 6 to the Planning and Compensation Act 1991 (c. 34).

Class H Tramway or road transport undertakings E+W

Permitted development E+W

H.  Development required for the purposes of the carrying on of any tramway or road transport undertaking consisting of—

(a) the installation of posts, overhead wires, underground cables, feeder pillars or transformer boxes in, on, over or adjacent to a highway for the purpose of supplying current to public service vehicles;

(b) the installation of tramway tracks, and conduits, drains and pipes in connection with such tracks for the working of tramways;

(c) the installation of telephone cables and apparatus, huts, stop posts and signs required in connection with the operation of public service vehicles;

(d) the erection or construction and the maintenance, improvement or other alteration of passenger shelters and barriers for the control of people waiting to enter public service vehicles;

(e) any other development on operational land of the undertaking.

Development not permitted E+W

H.1   Development is not permitted by Class H if it would consist of—

(a) in the case of any Class H(a) development, the installation of a structure exceeding 17 cubic metres in capacity,

(b) in the case of any Class H(e) development—

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

(ii) the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any plant or machinery it replaces, whichever is the greater,

(iii) development, not wholly within a bus or tramway station, in pursuance of powers contained in transport legislation.

Class I Lighthouse undertakings E+W

Permitted development E+W

I.  Development required for the purposes of the functions of a general or local lighthouse authority under the Merchant Shipping Act 1894 M16 and any other statutory provision made with respect to a local lighthouse authority, or in the exercise by a local lighthouse authority of rights, powers or duties acquired by usage prior to the 1894 Act.

Marginal Citations

M16 1894 c. 60.

Development not permitted E+W

I.1   Development is not permitted by Class I if it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected.

Class J [F54 Universal Services Providers] E+W

Textual Amendments

F54 Words in Sch. 2 Pt. 17 Class J title substituted (26.3.2001) by The Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001 (S.I. 2001/1149), art. 1(2), Sch. 1 para. 107(3)(a)

Permitted development E+W

J.  Development required for the purposes of [F55 a universal service provider (within the meaning of [F56 Part 3 of the Postal Services Act 2011]) in connection with the provision of a universal postal service (within the meaning of [F57 that Part])] consisting of—

(a) the installation of posting boxes or self-service machines,

(b) any other development carried out in, on, over or under the operational land of the undertaking.

Textual Amendments

F55 Words in Sch. 2 Pt. 17 Class J substituted (26.3.2001) by The Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001 (S.I. 2001/1149), art. 1(2), Sch. 1 para. 107(3)(b)

F56 Words in Sch. 2 Pt. 17 Class J substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), art. 1(2), Sch. 1 para. 30(3)(a)

F57 Words in Sch. 2 Pt. 17 Class J substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), art. 1(2), Sch. 1 para. 30(3)(b)

Development not permitted E+W

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

(a) 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, or

(b) it would consist of or include the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any existing plant or machinery, whichever is the greater.

Interpretation of Part 17 E+W

K.   For the purposes of Part 17—

“transport legislation" means section 14(1)(d) of the Transport Act 1962 M17 (supplemental provisions relating to the Boards’ powers) or section 10(1)(x) of the Transport Act 1968 M18 (general powers of Passenger Transport Executive).

Marginal Citations

M17 1962 c. 46.

M18 1968 c. 73.

[F58 PART 17A E+W Installation of devolved associated lines

Textual Amendments

F58 Sch. 2 Pt. 17A inserted (W.) (1.4.2019) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), art. 1(2), Sch. 1

Class A E+W

Permitted Development E+W

A.   Development by statutory undertakers for the generation, transmission or supply of electricity for the purposes of their statutory undertaking consisting of—

(a) the installation of a devolved associated line with a nominal voltage not exceeding 20 kilovolts used or intended to be used for supplying a single consumer;

(b) the installation of so much of a devolved associated line as is or will be within premises in the occupation or control of the person responsible for its installation;

(c) the installation of a devolved associated line which—

(i) connects an electric line installed below ground with apparatus mounted on a pole or structure; and

(ii) is attached to the pole or structure throughout its length except where it passes through a fuse or other apparatus;

(d) the installation for a period not exceeding six months of a devolved associated line which connects two points on an existing line which are no further apart than the maximum distance so as to provide a diversion for the existing line;

(e) the installation of a devolved associated line attached to a building where the building in question crosses a road, railway or watercourse and its principal purpose is not the support of the line;

(f) the installation of a devolved associated line which replaces an existing line whether or not it is installed in the same position as the existing line in question;

(g) the installation of one or more additional poles to support an existing devolved associated line;

(h) the installation of a devolved associated line which has been, or is to be, installed in accordance with a power conferred by, or by an order made under, an Act of Parliament or an Act of the National Assembly for Wales.

Development not permitted E+W

A.1.— (1) Development is not permitted by Class A if:

(a) in the case of any Class A(d) and (f) development, any part of the line is within a European site or a site of special scientific interest;

(b) (save as provided for in paragraph A.2(3)) in the case of any Class A(d), (f) or (g) development—

(i) the line is to be installed in a different position from the existing line; or

(ii) the height above the surface of the ground of any support for the line will exceed the height of the highest support which is to be replaced;

(iii) the installation will be in a National Park or an area of outstanding natural beauty,

and it is determined there is likely to be a significant adverse effect on the environment;

(c) in the case of any Class A(e) development, the building in question is a scheduled monument, a listed building or in a conservation area;

(d) in the case of any Class A(f) development the line has a nominal voltage greater than the nominal voltage of the existing line.

(2) For the purposes of paragraph A.1(b) it is determined that there is likely to be a significant adverse effect on the environment if—

(a) notice is given by the person proposing to carry out the installation to the local planning authority of that proposal; and

(b) the authority, within six weeks of receiving that notice—

(i) determines that if the installation were completed in accordance with the proposal it would in the opinion of that authority be likely to have a significant adverse effect on the environment; and

(ii) notifies the person by whom the notice was given and the Welsh Ministers of that determination.

Conditions E+W

A.2.— (1) Development is permitted in the case of any Class A (f) and (g) development subject to the following conditions—

(a) that any conditions applicable to the existing line contained in—

(i) a consent granted under section 37(1) of the Electricity Act 1989 (consent required for overhead lines) or paragraph 10(b) of the Schedule to the Electric Lighting (Clauses) Act 1899; or

(ii) an order granting development consent under the Planning Act 2008, or

(iii) a planning permission relating to the height, design or position of the existing line which are capable of being applied to the installation;

are complied with;

(b) that the height above the surface of the ground of any support for the line does not exceed the height of the highest existing support or support which is being replaced by more than 10 per cent;

(c) that where the line is installed in a different position from the existing line the distance between any small support and the existing line does not exceed 30 metres and the distance between any other support and the existing line does not exceed 60 metres; and

(d) that where the line is installed in a different position from the existing line, the existing line is removed within twelve months from the date on which the installation of the line which replaces it is completed.

(2) Development is permitted in the case of any Class A(d) development subject to the conditions that—

(a) at the end of a period of six months from the date on which the installation is completed or on the ending of the diversion (whichever is the sooner) the devolved associated line is removed; and

(b) the land on which any operations have been carried out is restored as soon as reasonably practicable to its condition before the development took place.

(3) Where it is necessary to make emergency repairs to an existing devolved associated line in a National Park or an area of outstanding natural beauty—

(a) the limitation in paragraph A.1.(1)(b) does not apply; and

(b) development is permitted subject to the condition that the person making those emergency repairs must notify the local planning authority as soon as practicable that those repairs have been, are being or will be made.

Interpretation of Class A E+W

A.3.— (1) For the purposes of this Part—

“devolved associated line” means an electric line which—

(a)

is above ground;

(b)

has a nominal voltage of 132 kilovolts or less, and

(c)

is associated with the construction or extension of a devolved Welsh generating station granted planning permission or consented to on or after 1 April 2019;

“devolved Welsh generating station” has the same meaning as in section 37(2B) of the Electricity Act 1989;

“electric line” has the meaning assigned to that term by section 64(1) of the Electricity Act 1989 (interpretation etc. of Part 1);

“European site” has the same meaning as in regulation 8 of the Conservation of Habitats and Species Regulations 2017);

“an existing line” means an electric line which—

(a)

has been installed or is kept installed above ground in accordance with a consent granted under section 37(1) of the Electricity Act 1989 or an order granting development consent under the Planning Act 2008 or planning permission; or

(b)

has been installed above ground and is an electric line to which section 37(1) of the Electricity Act 1989 does not apply by virtue of paragraph 5(4) or (5) of Schedule 17 to that Act;

“small support” means a support for an electric line which does not exceed 10 metres in height.

(2) For the purposes of Class A(d) development “maximum distance” means—

(a) in relation to a devolved associated line which has a nominal voltage less than 66 kilovolts, 500 metres; and

(b) in relation to any other devolved associated line, 850 metres.

(3) For the purposes of paragraph A.2(1)(c), any reference to the distance between a support and an existing line is a reference to the shortest distance between the centre of the base of that support and an imaginary line through the centre of the base of each support for the existing line.]

PART 18 E+W AVIATION DEVELOPMENT

Class A Development at an airport E+W

Permitted development E+W

A.  The carrying out on operational land by a relevant airport operator or its agent of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at a relevant airport.

Development not permitted E+W

A.1   Development is not permitted by Class A if it would consist of or include—

(a) the construction or extension of a runway;

(b) the construction of a passenger terminal the floor space of which would exceed 500 square metres;

(c) the extension or alteration of a passenger terminal, where the floor space of the building as existing at 5th December 1988 or, if built after that date, of the building as built, would be exceeded by more than 15%;

(d) the erection of a building other than an operational building;

(e) the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected.

Condition E+W

A.2   Development is permitted by Class A subject to the condition that the relevant airport operator consults the local planning authority before carrying out any development, unless that development falls within the description in paragraph A.4.

Interpretation of Class A E+W

A.3   For the purposes of paragraph A.1, floor space shall be calculated by external measurement and without taking account of the floor space in any pier or satellite.

A.4   Development falls within this paragraph if— E+W

(a) it is urgently required for the efficient running of the airport, and

(b) it consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building, or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.

[F59 Class B Air traffic services development at an airport E+W

Textual Amendments

F59 Sch. 2 Pt. 18 Class B substituted (21.12.2001) by The Transport Act 2000 (Consequential Amendments) Order 2001 (S.I. 2001/4050), art. 1, Sch. para. 14(a)

Permitted development E+W

B.  The carrying out on operational land within the perimeter of a relevant airport by a relevant airport operator or its agent of development in connection with the provision of air traffic services.]

[F60 Class C Air traffic services development near an airport E+W

Textual Amendments

F60 Sch. 2 Pt. 18 Class C substituted (21.12.2001) by The Transport Act 2000 (Consequential Amendments) Order 2001 (S.I. 2001/4050), art. 1, Sch. para. 14(b)

Permitted development E+W

C.  The carrying out on operational land outside but within 8 kilometres of the perimeter of a relevant airport, by a relevant airport operator or its agent, of development in connection with the provision of air traffic services.

Development not permitted E+W

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

(a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b) any building erected would exceed a height of 4 metres;

(c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast antenna or apparatus, if greater.]

[F61 Class D Development by an air traffic services licence holder within an airport E+W

Textual Amendments

F61 Sch. 2 Pt. 18 Class D substituted (21.12.2001) by The Transport Act 2000 (Consequential Amendments) Order 2001 (S.I. 2001/4050), art. 1, Sch. para. 14(c)

Permitted development E+W

D.  The carrying out by an air traffic services licence holder or its agents within the perimeter of an airport of development in connection with the provision of air traffic services.]

[F62 Class E Development by an air traffic services licence holder on operational land E+W

Textual Amendments

F62 Sch. 2 Pt. 18 Class E substituted (21.12.2001) by The Transport Act 2000 (Consequential Amendments) Order 2001 (S.I. 2001/4050), art. 1, Sch. para. 14(d)

Permitted development E+W

E.  The carrying out on operational land of an air traffic services licence holder by that licence holder or its agents of development in connection with the provision of air traffic services.

Development not permitted E+W

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

(a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b) any building erected would exceed a height of 4 metres; or

(c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.]

[F63 Class F Development by an air traffic services licence holder in an emergency E+W

Textual Amendments

F63 Sch. 2 Pt. 18 Class F substituted (21.12.2001) by The Transport Act 2000 (Consequential Amendments) Order 2001 (S.I. 2001/4050), art. 1, Sch. para. 14(e)

Permitted development E+W

F  The use of land by or on behalf of an air traffic services licence holder in an emergency to station moveable apparatus replacing unserviceable apparatus.

Condition E+W

F.1.   Development is permitted by Class F subject to the condition that on or before the expiry of a period of six months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer.]

[F64 Class G Development by an air traffic services licence holder involving moveable structures E+W

Textual Amendments

F64 Sch. 2 Pt. 18 Class G substituted (21.12.2001) by The Transport Act 2000 (Consequential Amendments) Order 2001 (S.I. 2001/4050), art. 1, Sch. para. 14(f)

Permitted development E+W

G.  The use of land by or on behalf of an air traffic services licence holder to provide services and facilities in connection with the provision of air traffic services and the erection or placing of moveable structures on the land for the purposes of that use.

Condition E+W

G.1.   Development is permitted by Class G subject to the condition that, on or before the expiry of the period of six months beginning with the date on which the use began, the use shall cease, and any structure shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer.]

Class H Development by the Civil Aviation Authority for surveys etc. E+W

Permitted development E+W

H.  The use of land by or on behalf of the Civil Aviation Authority for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations.

Condition E+W

H.1   Development is permitted by Class H subject to the condition that on or before the expiry of the period of six months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer.

Class I Use of airport buildings managed by relevant airport operators E+W

Permitted development E+W

I.  The use of buildings within the perimeter of an airport managed by a relevant airport operator for purposes connected with air transport services or other flying activities at that airport.

Interpretation of Part 18 E+W

J.   For the purposes of Part 18—

• “operational building" means a building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at a relevant airport;

• “relevant airport" means an airport to which Part V of the Airports Act 1986 M19 (status of certain airports as statutory undertakers etc.) applies; and

• “relevant airport operator" means a relevant airport operator within the meaning of section 57 of the Airports Act 1986 (scope of Part V).

Marginal Citations

M19 1986 c. 31.

PART 19 E+W DEVELOPMENT ANCILLARY TO MINING OPERATIONS

Class A E+W

Permitted development E+W

A.  The carrying out of operations for the erection, extension, installation, rearrangement, replacement, repair or other alteration of any—

(a) plant or machinery,

(b) buildings,

(c) private ways or private railways or sidings, or

(d) sewers, mains, pipes, cables or other similar apparatus,

on land used as a mine.

Development not permitted E+W

A.1   Development is not permitted by Class A—

(a) in relation to land at an underground mine—

(i) on land which is not an approved site; or

(ii) on land to which the description in paragraph D.1(b) applies, unless a plan of that land was deposited with the mineral planning authority before 5th June 1989;

(b) if the principal purpose of the development would be any purpose other than—

(i) purposes in connection with the winning and working of minerals at that mine or of minerals brought to the surface at that mine; or

(ii) the treatment, storage or removal from the mine of such minerals or waste materials derived from them;

(c) if the external appearance of the mine would be materially affected;

(d) if the height of any building, plant or machinery which is not in an excavation would exceed—

(i) 15 metres above ground level; or

(ii) the height of the building, plant or machinery, if any, which is being rearranged, replaced or repaired or otherwise altered,

whichever is the greater;

(e) if the height of any building, plant or machinery in an excavation would exceed—

(i) 15 metres above the excavated ground level; or

(ii) 15 metres above the lowest point of the unexcavated ground immediately adjacent to the excavation; or

(iii) the height of the building, plant or machinery, if any, which is being rearranged, replaced or repaired or otherwise altered,

whichever is the greatest;

(f) if any building erected (other than a replacement building) would have a floor space exceeding 1,000 square metres; or

(g) if the cubic content of any replaced, extended or altered building would exceed by more than 25% the cubic content of the building replaced, extended or altered or the floor space would exceed by more than 1,000 square metres the floor space of that building.

Condition E+W

A.2   Development is permitted by Class A subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the mineral planning authority agree in writing—

(a) all buildings, plant and machinery permitted by Class A shall be removed from the land unless the mineral planning authority have otherwise agreed in writing; and

(b) the land shall be restored, so far as is practicable, to its condition before the development took place, or restored to such condition as may have been agreed in writing between the mineral planning authority and the developer.

Class B E+W

Permitted development E+W

B.  The carrying out, on land used as a mine or on ancillary mining land, with the prior approval of the mineral planning authority, of operations for the erection, installation, extension, rearrangement, replacement, repair or other alteration of any—

(a) plant or machinery,

(b) buildings, or

(c) structures or erections.

Development not permitted E+W

B.1   Development is not permitted by Class B—

(a) in relation to land at an underground mine—

(i) on land which is not an approved site; or

(ii) on land to which the description in paragraph D.1(b) applies, unless a plan of that land was deposited with the mineral planning authority before 5th June 1989;

or

(b) if the principal purpose of the development would be any purpose other than—

(i) purposes in connection with the operation of the mine,

(ii) the treatment, preparation for sale, consumption or utilization of minerals won or brought to the surface at that mine, or

(iii) the storage or removal from the mine of such minerals, their products or waste materials derived from them.

B.2   The prior approval referred to in Class B shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because— E+W

(a) the proposed development would injure the amenity of the neighbourhood and modifications can reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury, or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

Condition E+W

B.3   Development is permitted by Class B subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the mineral planning authority agree in writing—

(a) all buildings, plant, machinery, structures and erections permitted by Class B shall be removed from the land unless the mineral planning authority have otherwise agreed in writing; and

(b) the land shall be restored, so far as is practicable, to its condition before the development took place or restored to such condition as may have been agreed in writing between the mineral planning authority and the developer.

Class C E+W

Permitted development E+W

C.  The carrying out with the prior approval of the mineral planning authority of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or a disused mine.

Development not permitted E+W

C.1   Development is not permitted by Class C if it is carried out by the Coal Authority or any licensed operator within the meaning of section 65 of the Coal Industry Act 1994 M20 (interpretation).

Marginal Citations

M20 1994 c. 21.

Prior approvals E+W

C.2.— (1) The prior approval of the mineral planning authority to development permitted by Class C is not required if—

(a) the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

(b) no building, plant, machinery, structure or erection—

(i) would exceed a height of 15 metres above ground level, or

(ii) where any building, plant, machinery, structure or erection is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was rearranged, replaced or repaired, whichever is the greater,

and

(c) the development consists of the extension, alteration or replacement of an existing building, within the limits set out in paragraph (3).

(2) The approval referred to in Class C shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury, or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

(3) The limits referred to in paragraph C.2(1)(c) are—

(a) that the cubic content of the building as extended, altered or replaced does not exceed that of the existing building by more than 25%, and

(b) that the floor space of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

Interpretation of Part 19 E+W

D.1   An area of land is an approved site for the purposes of Part 19 if—

(a) it is identified in a grant of planning permission or any instrument by virtue of which planning permission is deemed to be granted, as land which may be used for development described in this Part; or

(b) in any other case, it is land immediately adjoining an active access to an underground mine which, on 5th December 1988, was in use for the purposes of that mine, in connection with the purposes described in paragraph A.1(b)(i) or (ii) or paragraph B.1(b)(i) to (iii) above.

D.2   For the purposes of Part 19— E+W

• “active access" means a surface access to underground workings which is in normal and regular use for the transportation of minerals, materials, spoil or men;

• “ancillary mining land" means land adjacent to and occupied together with a mine at which the winning and working of minerals is carried out in pursuance of planning permission granted or deemed to be granted under Part III of the Act (control over development);

• “minerals" does not include any coal other than coal won or worked during the course of operations which are carried on exclusively for the purpose of exploring for coal or confined to the digging or carrying away of coal that it is necessary to dig or carry away in the course of activities carried on for purposes which do not include the getting of coal or any product of coal;

• “the prior approval of the mineral planning authority" means prior written approval of that authority of detailed proposals for the siting, design and external appearance of the building, plant or machinery proposed to be erected, installed, extended or altered;

• “underground mine" is a mine at which minerals are worked principally by underground methods.

PART 20 E+W COAL MINING DEVELOPMENT BY THE COAL AUTHORITYAND LICENSED OPERATORS

Class A E+W

Permitted development E+W

A.  Development by a licensee of the Coal Authority, in a mine started before 1st July 1948, consisting of—

(a) the winning and working underground of coal or coal-related minerals in a designated seam area; or

(b) the carrying out of development underground which is required in order to gain access to and work coal or coal-related minerals in a designated seam area.

Conditions E+W

A.1   Development is permitted by Class A subject to the following conditions—

(a) subject to sub-paragraph (b)—

(i) except in a case where there is an approved restoration scheme or mining operations have permanently ceased, the developer shall, before 31st December 1995 or before any later date which the mineral planning authority may agree in writing, apply to the mineral planning authority for approval of a restoration scheme;

(ii) where there is an approved restoration scheme, reinstatement, restoration and aftercare shall be carried out in accordance with that scheme;

(iii) if an approved restoration scheme does not specify the periods within which reinstatement, restoration or aftercare should be carried out, it shall be subject to conditions that–

(aa) reinstatement or restoration, if any, shall be carried out before the end of the period of 24 months from either the date when the mining operations have permanently ceased or the date when any application for approval of a restoration scheme under sub-paragraph (a)(i) has been finally determined, whichever is later, and

(bb) aftercare, if any, in respect of any part of a site, shall be carried out throughout the period of five years from either the date when any reinstatement or restoration in respect of that part is completed or the date when any application for approval of a restoration scheme under sub-paragraph (a)(i) has been finally determined, whichever is later;

(iv) where there is no approved restoration scheme–

(aa) all buildings, plant, machinery, structures and erections used at any time for or in connection with any previous coal-mining operations at that mine shall be removed from any land which is an authorised site unless the mineral planning authority have otherwise agreed in writing, and

(bb) that land shall, so far as practicable, be restored to its condition before any previous coal-mining operations at that mine took place or to such condition as may have been agreed in writing between the mineral planning authority and the developer,

before the end of the period specified in sub-paragraph (v);

(v) the period referred to in sub-paragraph (iv) is–

(aa) the period of 24 months from the date when the mining operations have permanently ceased or, if an application for approval of a restoration scheme has been made under sub-paragraph (a)(i) before that date, 24 months from the date when that application has been finally determined, whichever is later, or

(bb) any longer period which the mineral planning authority have agreed in writing;

(vi) for the purposes of sub-paragraph (a), an application for approval of a restoration scheme has been finally determined when the following conditions have been met–

(aa) any proceedings on the application, including any proceeding on or in consequence of an application under section 288 of the Act (proceedings for questioning the validity of certain orders, decisions and directions), have been determined, and

(bb) any time for appealing under section 78 (right to appeal against planning decisions and failure to take such decisions), or applying or further applying under section 288, of the Act (where there is a right to do so) has expired;

(b) sub-paragraph (a) shall not apply to land in respect of which there is an extant planning permission which—

(i) has been granted on an application under Part III of the Act, and

(ii) has been implemented.

Interpretation of Class A E+W

A.2   For the purposes of Class A—

• “a licensee of the Coal Authority" means any person who is for the time being authorised by a licence under Part II of the Coal Industry Act 1994 to carry on coal-mining operations to which section 25 of that Act (coal-mining operations to be licensed) applies;

• “approved restoration scheme" means a restoration scheme which is approved when an application made under paragraph A.1(a)(i) is finally determined, as approved (with or without conditions), or as subsequently varied with the written approval of the mineral planning authority (with or without conditions);

• “coal-related minerals" means minerals other than coal which are, or may be, won and worked by coal-mining operations;

• “designated seam area" means land identified, in accordance with paragraph (a) of the definition of “seam plan", in a seam plan which was deposited with the mineral planning authority before 30th September 1993;

• “previous coal-mining operations" has the same meaning as in section 54(3) of the Coal Industry Act 1994 (obligations to restore land affected by coal-mining operations) and references in Class A to the use of anything in connection with any such operations shall include references to its use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;

• “restoration scheme" means a scheme which makes provision for the reinstatement, restoration or aftercare (or a combination of these) of any land which is an authorised site and has been used at any time for or in connection with any previous coal-mining operations at that mine; and

• “seam plan" means a plan or plans on a scale of not less than 1 to 25,000 showing—

  (a)

  land comprising the maximum extent of the coal seam or seams that could have been worked from shafts or drifts existing at a mine at 13th November 1992, without further development on an authorised site other than development permitted by Class B of Part 20 of Schedule 2 to the Town and Country Planning General Development Order 1988 M21 , as originally enacted;

  (b)

  any active access used in connection with the land referred to in paragraph (a) of this definition;

  (c)

  the National Grid lines and reference numbers shown on Ordnance Survey maps;

  (d)

  a typical stratigraphic column showing the approximate depths of the coal seam referred to in paragraph (a) of this definition.

Marginal Citations

M21 S.I. 1988/1813; Schedule 2 to the Town and Country Planning General Development Order 1988 is revoked by this Order.

Class B E+W

Permitted development E+W

B.  Development by a licensee of the British Coal Corporation, in a mine started before 1st July 1948, consisting of— E+W

(a) the winning and working underground of coal or coal-related minerals in a designated seam area; or

(b) the carrying out of development underground which is required in order to gain access to and work coal or coal-related minerals in a designated seam area.

Interpretation of Class B E+W

B.1   For the purposes of Class B—

• “designated seam area" has the same meaning as in paragraph A.2 above;

• “coal-related minerals" means minerals other than coal which can only be economically worked in association with the working of coal or which can only be economically brought to the surface by the use of a mine of coal; and

• “a licensee of the British Coal Corporation" means any person who is for the time being authorised by virtue of section 25(3) of the Coal Industry Act 1994 (coal-mining operations to be licensed) to carry on coal-mining operations to which section 25 of that Act applies.

Class C E+W

Permitted development E+W

C.  Any development required for the purposes of a mine which is carried out on an authorised site at that mine by a licensed operator, in connection with coal-mining operations. E+W

Development not permitted E+W

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

(a) the external appearance of the mine would be materially affected;

(b) any building, plant or machinery, structure or erection or any deposit of minerals or waste—

(i) would exceed a height of 15 metres above ground level, or

(ii) where a building, plant or machinery would be rearranged, replaced or repaired, the resulting development would exceed a height of 15 metres above ground level or the height of what was rearranged, replaced or repaired, whichever is the greater;

(c) any building erected (other than a replacement building) would have a floor space exceeding 1,000 square metres;

(d) the cubic content of any replaced, extended or altered building would exceed by more than 25% the cubic content of the building replaced, extended or altered or the floor space would exceed by more than 1,000 square metres, the floor space of that building;

(e) it would be for the purpose of creating a new surface access to underground workings or of improving an existing access (which is not an active access) to underground workings; or

(f) it would be carried out on land to which the description in paragraph F.2(1)(b) applies, and a plan of that land had not been deposited with the mineral planning authority before 5th June 1989.

Conditions E+W

C.2   Development is permitted by Class C subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the mineral planning authority agree in writing—

(a) all buildings, plant, machinery, structures and erections and deposits of minerals or waste permitted by Class C shall be removed from the land unless the mineral planning authority have otherwise agreed in writing; and

(b) the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the mineral planning authority and the developer.

Class D E+W

Permitted development E+W

D.  Any development required for the purposes of a mine which is carried out on an authorised site at that mine by a licensed operator in connection with coal-mining operations and with the prior approval of the mineral planning authority. E+W

Development not permitted E+W

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

(a) it would be for the purpose of creating a new surface access or improving an existing access (which is not an active access) to underground workings; or

(b) it would be carried out on land to which the description in paragraph F.2(1)(b) applies, and a plan of that land had not been deposited with the mineral planning authority before 5th June 1989.

Condition E+W

D.2   Development is permitted by Class D subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the mineral planning authority agree in writing—

(a) all buildings, plant, machinery, structures and erections and deposits of minerals or waste permitted by Class D shall be removed from the land, unless the mineral planning authority have otherwise agreed in writing; and

(b) the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the mineral planning authority and the developer.

Interpretation of Class D E+W

D.3   The prior approval referred to in Class D shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury, or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

Class E E+W

Permitted development E+W

E.  The carrying out by the Coal Authority or a licensed operator, with the prior approval of the mineral planning authority, of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or a disused mine. E+W

Prior approvals E+W

E.1.— (1) The prior approval of the mineral planning authority to development permitted by Class E is not required if—

(a) the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

(b) no building, plant or machinery, structure or erection—

(i) would exceed a height of 15 metres above ground level, or

(ii) where any building, plant, machinery, structure or erection is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was rearranged, replaced or repaired, whichever is the greater,

and

(c) the development consists of the extension, alteration or replacement of an existing building, within the limits set out in paragraph (3).

(2) The approval referred to in Class E shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury, or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

(3) The limits referred to in paragraph E.1(1)(c) are—

(a) that the cubic content of the building as extended, altered or replaced does not exceed that of the existing building by more than 25%, and

(b) that the floor space of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

Interpretation of Part 20 E+W

F.1   For the purposes of Part 20—

• “active access" means a surface access to underground workings which is in normal and regular use for the transportation of coal, materials, spoil or men;

• “coal-mining operations" has the same meaning as in section 65 of the Coal Industry Act 1994 (interpretation) and references to any development or use in connection with coal-mining operations shall include references to development or use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;

• “licensed operator" has the same meaning as in section 65 of the Coal Industry Act 1994;

• “normal and regular use" means use other than intermittent visits to inspect and maintain the fabric of the mine or any plant or machinery; and

• “prior approval of the mineral planning authority" means prior written approval of that authority of detailed proposals for the siting, design and external appearance of the proposed building, plant or machinery, structure or erection as erected, installed, extended or altered.

F.2.— (1) Subject to sub-paragraph (2), land is an authorised site for the purposes of Part 20 if— E+W

(a) it is identified in a grant of planning permission or any instrument by virtue of which planning permission is deemed to be granted as land which may be used for development described in this Part; or

(b) in any other case, it is land immediately adjoining an active access which, on 5th December 1988, was in use for the purposes of that mine in connection with coal-mining operations.

(2) For the purposes of sub-paragraph (1), land is not to be regarded as in use in connection with coal-mining operations if—

(a) it is used for the permanent deposit of waste derived from the winning and working of minerals; or

(b) there is on, over or under it a railway, conveyor, aerial ropeway, roadway, overhead power line or pipe-line which is not itself surrounded by other land used for those purposes.

PART 21 E+W WASTE TIPPING AT A MINE

Class A E+W

Permitted development E+W

A.  The deposit, on premises used as a mine or on ancillary mining land already used for the purpose, of waste derived from the winning and working of minerals at that mine or from minerals brought to the surface at that mine, or from the treatment or the preparation for sale, consumption or utilization of minerals from the mine. E+W

Development not permitted E+W

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

(a) in the case of waste deposited in an excavation, waste would be deposited at a height above the level of the land adjoining the excavation, unless that is provided for in a waste management scheme or a relevant scheme;

(b) in any other case, the superficial area or height of the deposit (measured as at 21st October 1988) would be increased by more than 10%, unless such an increase is provided for in a waste management scheme or in a relevant scheme.

Conditions E+W

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

(a) except in a case where a relevant scheme or a waste management scheme has already been approved by the mineral planning authority, the developer shall, if the mineral planning authority so require, within three months or such longer period as the authority may specify, submit a waste management scheme for that authority’s approval;

(b) where a waste management scheme or a relevant scheme has been approved, the depositing of waste and all other activities in relation to that deposit shall be carried out in accordance with the scheme as approved.

Interpretation of Class A E+W

A.3   For the purposes of Class A—

• “ancillary mining land" means land adjacent to and occupied together with a mine at which the winning and working of minerals is carried out in pursuance of planning permission granted or deemed to be granted under Part III of the Act (control over development); and

• “waste management scheme" means a scheme required by the mineral planning authority to be submitted for their approval in accordance with the condition in paragraph A.2(a) which makes provision for—

  (a)

  the manner in which the depositing of waste (other than waste deposited on a site for use for filling any mineral excavation in the mine or on ancillary mining land in order to comply with the terms of any planning permission granted on an application or deemed to be granted under Part III of the Act) is to be carried out after the date of the approval of that scheme;

  (b)

  where appropriate, the stripping and storage of the subsoil and topsoil;

  (c)

  the restoration and aftercare of the site.

Class B E+W

Permitted development E+W

B.  The deposit on land comprised in a site used for the deposit of waste materials or refuse on 1st July 1948 of waste resulting from coal-mining operations. E+W

Development not permitted E+W

B.1   Development is not permitted by Class B unless it is in accordance with a relevant scheme approved by the mineral planning authority before 5th December 1988.

Interpretation of Class B E+W

B.2   For the purposes of Class B—

“coal-mining operations" has the same meaning as in section 65 of the Coal Industry Act 1994 M22 (interpretation).

Marginal Citations

M22 1994 c. 21.

Interpretation of Part 21 E+W

C.   For the purposes of Part 21—

“relevant scheme" means a scheme, other than a waste management scheme, requiring approval by the mineral planning authority in accordance with a condition or limitation on any planning permission granted or deemed to be granted under Part III of the Act (control over development), for making provision for the manner in which the deposit of waste is to be carried out and for the carrying out of other activities in relation to that deposit.

PART 22 E+W MINERAL EXPLORATION

Class A E+W

Permitted development E+W

A.  Development on any land during a period not exceeding 28 consecutive days consisting of– E+W

(a) the drilling of boreholes;

(b) the carrying out of seismic surveys; or

(c) the making of other excavations,

for the purpose of mineral exploration, and the provision or assembly on that land or adjoining land of any structure required in connection with any of those operations.

Development not permitted E+W

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

(a) it consists of the drilling of boreholes for petroleum exploration;

(b) any operation would be carried out within 50 metres of any part of an occupied residential building or a building occupied as a hospital or school;

(c) any operation would be carried out within a National Park, an area of outstanding natural beauty, a site of archaeological interest or a site of special scientific interest;

(d) any explosive charge of more than 1 kilogram would be used;

(e) any excavation referred to in paragraph A(c) would exceed 10 metres in depth or 12 square metres in surface area;

(f) in the case described in paragraph A(c) more than 10 excavations would, as a result, be made within any area of 1 hectare within the land during any period of 24 months; or

(g) any structure assembled or provided would exceed 12 metres in height, or, where the structure would be within 3 kilometres of the perimeter of an aerodrome, 3 metres in height.

Conditions E+W

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

(a) no operations shall be carried out between 6.00 p.m. and 7.00 a.m.;

(b) no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless the mineral planning authority have so agreed in writing;

(c) before any excavation (other than a borehole) is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;

(d) within a period of 28 days from the cessation of operations unless the mineral planning authority have agreed otherwise in writing–

(i) any structure permitted by Class A and any waste material arising from other development so permitted shall be removed from the land,

(ii) any borehole shall be adequately sealed,

(iii) any other excavation shall be filled with material from the site,

(iv) the surface of the land on which any operations have been carried out shall be levelled and any topsoil replaced as the uppermost layer, and

(v) the land shall, so far as is practicable, be restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting.

Class B E+W

Permitted development E+W

B.  Development on any land consisting of— E+W

(a) the drilling of boreholes;

(b) the carrying out of seismic surveys; or

(c) the making of other excavations,

for the purposes of mineral exploration, and the provision or assembly on that land or on adjoining land of any structure required in connection with any of those operations.

Development not permitted E+W

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

(a) it consists of the drilling of boreholes for petroleum exploration;

(b) the developer has not previously notified the mineral planning authority in writing of his intention to carry out the development (specifying the nature and location of the development);

(c) the relevant period has not elapsed;

(d) any explosive charge of more than 2 kilograms would be used;

(e) any excavation referred to in paragraph B(c) would exceed 10 metres in depth or 12 square metres in surface area; or

(f) any structure assembled or provided would exceed 12 metres in height.

Conditions E+W

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

(a) the development shall be carried out in accordance with the details in the notification referred to in paragraph B.1(b), unless the mineral planning authority have otherwise agreed in writing;

(b) no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless specified in detail in the notification refered to in paragraph B.1(b) or the mineral planning authority have otherwise agreed in writing;

(c) before any excavation other than a borehole is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;

(d) within a period of 28 days from operations ceasing, unless the mineral planning authority have agreed otherwise in writing—

(i) any structure permitted by Class B and any waste material arising from other development so permitted shall be removed from the land,

(ii) any borehole shall be adequately sealed,

(iii) any other excavation shall be filled with material from the site,

(iv) the surface of the land shall be levelled and any topsoil replaced as the uppermost layer, and

(v) the land shall, so far as is practicable, be restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting,

and

(e) the development shall cease no later than a date six months after the elapse of the relevant period, unless the mineral planning authority have otherwise agreed in writing.

Interpretation of Class B E+W

B.3   For the purposes of Class B—

“relevant period" means the period elapsing—

(a)

where a direction is not issued under article 7, 28 days after the notification referred to in paragraph B.1(b) or, if earlier, on the date on which the mineral planning authority notify the developer in writing that they will not issue such a direction, or

(b)

where a direction is issued under article 7, 28 days from the date on which notice of that decision is sent to the Secretary of State, or, if earlier, the date on which the mineral planning authority notify the developer that the Secretary of State has disallowed the direction.

Interpretation of Part 22 E+W

C.   For the purposes of Part 22—

• “mineral exploration" means ascertaining the presence, extent or quality of any deposit of a mineral with a view to exploiting that mineral; and

• “structure" includes a building, plant or machinery.

PART 23 E+W REMOVAL OF MATERIAL FROM MINERAL-WORKING DEPOSITS

Class A E+W

Permitted development E+W

A.  The removal of material of any description from a stockpile.

Class B E+W

Permitted development E+W

B.  The removal of material of any description from a mineral-working deposit other than a stockpile.

Development not permitted E+W

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

(a) the developer has not previously notified the mineral planning authority in writing of his intention to carry out the development and supplied them with the appropriate details;

(b) the deposit covers a ground area exceeding 2 hectares, unless the deposit contains no mineral or other material which was deposited on the land more than 5 years before the development; or

(c) the deposit derives from the carrying out of any operations permitted under Part 6 of this Schedule or any Class in a previous development order which it replaces.

Conditions E+W

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

(a) it shall be carried out in accordance with the details given in the notice sent to the mineral planning authority referred to in paragraph B.1(a) above, unless that authority have agreed otherwise in writing;

(b) if the mineral planning authority so require, the developer shall within a period of three months from the date of the requirement (or such other longer period as that authority may provide) submit to them for approval a scheme providing for the restoration and aftercare of the site;

(c) where such a scheme is required, the site shall be restored and aftercare shall be carried out in accordance with the provisions of the approved scheme;

(d) development shall not be commenced until the relevant period has elapsed.

Interpretation of Class B E+W

B.3   For the purposes of Class B—

• “appropriate details" means the nature of the development, the exact location of the mineral-working deposit from which the material would be removed, the proposed means of vehicular access to the site at which the development is to be carried out, and the earliest date at which any mineral presently contained in the deposit was deposited on the land; and

• “relevant period" means the period elapsing—

  (a)

  where a direction is not issued under article 7, 28 days after the notification referred to in paragraph B.1(a) or, if earlier, on the date on which the mineral planning authority notify the developer in writing that they will not issue such a direction; or

  (b)

  where a direction is issued under article 7, 28 days from the date on which notice of that direction is sent to the Secretary of State, or, if earlier, the date on which the mineral planning authority notify the developer that the Secretary of State has disallowed the direction.

Interpretation of Part 23 E+W

C.   For the purposes of Part 23—

“stockpile" means a mineral-working deposit consisting primarily of minerals which have been deposited for the purposes of their processing or sale.

[F65 PART 24 E+W DEVELOPMENT BY ELECTRONIC COMMUNICATIONS CODE OPERATORS (WALES)

Textual Amendments

F65 Sch. 2 Pt. 24 substituted (W.) (1.4.2019) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), art. 1(2), Sch. 2

Class A E+W

Permitted Development E+W

A.   Development by or on behalf of an electronic communications code operator for the purpose of the operator’s electronic communications network in, on, over or under land controlled by that operator or in accordance with the electronic communications code, consisting of—

(a) the installation, alteration or replacement of any electronic communications apparatus,

(b) the use of land in an emergency for a period not exceeding eighteen months to station and operate moveable electronic communications apparatus required for the replacement of unserviceable electronic communications apparatus, including the provision of moveable structures on the land for the purposes of that use, or

(c) development ancillary to radio equipment housing.

Development not permitted E+W

A.1   Development is not permitted by Class A(a) if—

(a) in the case of the installation of ground-based apparatus (other than a mast), the apparatus, excluding any antenna, would exceed a height of 15 metres above ground level;

(b) in the case of the alteration or replacement of ground-based apparatus (other than a mast), the apparatus excluding any antenna, would when altered or replaced exceed—

(i) the height of the existing apparatus, or

(ii) a height of 15 metres above ground level,

whichever is the greater;

(c) in the case of the installation of a ground-based mast, the mast, excluding any antenna, would exceed a height of—

(i) 20 metres above ground level where the mast is on protected land; or

(ii) 25 metres above ground level where the mast is on unprotected land;

(d) in the case of the alteration or replacement of a ground-based mast on protected land, the mast, excluding any antenna, would when altered or replaced exceed—

(i) the height of the existing mast, or

(ii) a height of 20 metres above ground level,

whichever is the greater;

(e) in the case of the alteration or replacement of a ground-based mast on unprotected land, the mast, excluding any antenna, would when altered or replaced exceed—

(i) the height of the existing mast, or

(ii) a height of 25 metres above ground level,

whichever is the greater;

(f) in the case of the alteration or replacement of a ground-based mast—

(i) where the mast is on article 1(5) land or on unprotected land, the mast would when altered or replaced exceed its original width at any given height by more than one metre or one third whichever is the greater;

(ii) where the mast is on land which is or is within a site of special scientific interest, the mast would when altered or replaced exceed its original width at any given height;

(g) in the case of the installation, alteration or replacement of apparatus on a building or other structure—

(i) the height of the apparatus (taken by itself) would exceed—

(aa) 15 metres, where it is installed, or is to be installed, on a building or other structure which is 30 metres or more in height; or

(bb) 10 metres in any other case;

(ii) the highest part of the apparatus when installed, altered or replaced would exceed the height of the highest part of the building or structure by more than—

(aa) 10 metres, in the case of a building or structure which is 30 metres or more in height;

(bb) 8 metres, in the case of a building or structure which is more than 15 metres but less than 30 metres in height; or

(cc) 6 metres in any other case;

(h) in the case of the installation, alteration or replacement of apparatus (other than an antenna) on a mast, the height of the mast would, when the apparatus was installed, altered or replaced, exceed any relevant height limit specified in respect of apparatus in [F66 sub-paragraphs] (c) to (g) and for the purposes of applying the limit specified in [F66 sub-paragraph] (g)(i), the words “(taken by itself)” are to be omitted;

(i) in the case of the installation, alteration or replacement of any apparatus other than—

(i) a mast,

(ii) an antenna,

(iii) a public call box,

(iv) any apparatus which does not project above the level of the surface of the ground, or

(v) radio equipment housing,

the ground or base area of the structure would exceed 1.5 square metres;

(j) in the case of the installation, alteration or replacement of an antenna on a building or structure (other than a mast) which is less than 15 metres in height, on a mast located on such a building or structure, or, where the antenna is to be located below a height of 15 metres above ground level, on a building or structure (other than a mast) which is 15 metres or more in height—

(i) in the case of antennas other than [F67 Regulation 2020/1070 small cell systems or small cell systems], the antenna is to be located on a wall or roof slope facing a highway which is within 20 metres of the building or structure on which the antenna is to be located;

(ii) in the case of dish antennas, the size of any dish would exceed 0.9 metres or the aggregate size of all of the dishes on the building, structure or mast would exceed 4.5 metres, when measured in any dimension;

[F68 (iii) in the case of antennas other than dish antennas, Regulation 2020/1070 small cell systems or small cell systems, the development would result in the presence on the building or structure of—

(aa) more than four antenna systems; or

(bb) any antenna system operated by more than four electronic communications code operators; or]

(iv) the building or structure is a listed building or a scheduled monument;

(k) in the case of the installation, alteration or replacement of an antenna on a building or structure (other than a mast) which is 15 metres or more in height, or on a mast located on such a building or structure, where the antenna is located at a height of 15 metres or above, measured from ground level—

(i) in the case of dish antennas, the size of any dish would exceed 1.3 metres or the aggregate size of all of the dishes on the building, structure or mast would exceed 10 metres, when measured in any dimension;

[F69 (ii) in the case of antennas other than dish antennas, Regulation 2020/1070 small cell systems or small cell systems, the development would result in the presence on the building or structure of—

(aa) more than five antenna systems; or

(bb) any antenna system operated by more than four electronic communications code operators; or]

(iii) the building or structure is a listed building or a scheduled monument;

[F70 (l) in the case of development on any protected land it would consist of—

(i) the installation or alteration of an antenna other than a Regulation 2020/1070 small cell system or a small cell system, or of any apparatus which includes or is intended for the support of such an antenna; or

(ii) the replacement of an antenna or such apparatus by an antenna other than a Regulation 2020/1070 small cell system or a small cell system, or apparatus which differs from that which is being replaced,

unless the development is carried out in an emergency or is development described in the introductory words to sub-paragraph (m) and which is allowed by the paragraphs which follow those introductory words;]

(m) in the case of the installation of an additional antenna on existing electronic communications apparatus on a building or structure (including a mast) on any protected land—

(i) in the case of dish antennas, the size of any additional dishes would exceed 0.6 metres, and the number of additional dishes on the building or structure would exceed three; or

(ii) in the case of antennas other than dish antennas, [F71 Regulation 2020/1070 small cell systems or small cell systems,] any additional antennas would exceed three metres in height, and the number of additional antennas on the building or structure would exceed three;

(n) it would consist of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 (definitions of driver information systems etc.);

(o) in the case of the installation of a mast, on a building or structure which is less than 15 metres in height, such a mast would be within 20 metres of a highway;

(p) in the case of the installation, alteration or replacement of radio equipment housing—

(i) the development is not ancillary to the use of any other electronic communications apparatus;

(ii) the cumulative volume of such development would exceed 90 cubic metres or, if located on the roof of a building, the cumulative volume of such development would exceed 30 cubic metres; or

(iii) on any protected land, any single development would exceed 2.5 cubic metres, unless the development is carried out in an emergency;

[F72 (q) in the case of the installation, alteration or replacement on a dwellinghouse or within the curtilage of a dwellinghouse of any electronic communications apparatus, that apparatus—

(i) is not a Regulation 2020/1070 small cell system or a small cell system;

(ii) being a Regulation 2020/1070 small cell system or a small cell system, is or would be on any protected land or within a World Heritage Site, unless the development is carried out in an emergency or is development which is allowed by sub-paragraph (r);

(iii) being a small cell system, would result in the presence on that dwellinghouse or within the curtilage of that dwellinghouse of more than two small cell systems; or

(iv) being a small cell system, is to be located on a roof or on a chimney so that the highest part of the antenna would exceed in height the highest part of that roof or chimney respectively;

(r) in the case of the installation, alteration or replacement on protected land or within a World Heritage Site of a Regulation 2020/1070 small cell system or a small cell system on a dwellinghouse or within the curtilage of a dwellinghouse, the antenna—

(i) is to be located—

(aa) on a chimney;

(bb) on a building which exceeds 15 metres in height;

(cc) on a wall or roof slope which fronts a highway; or

(dd) on a roof, other than a roof slope which fronts a highway, so that the highest part of the antenna would exceed in height the highest part of that roof;

(ii) is or would be on protected land (other than a conservation area) and would result in the presence on that dwellinghouse or within the curtilage of that dwellinghouse of more than either—

(aa) two Regulation 2020/1070 small cell systems;

(bb) two small cell systems; or

(cc) one Regulation 2020/1070 small cell system and one small cell system; or

(iii) is or would be in a conservation area or within a World Heritage site and would result in the presence on that dwellinghouse or within the curtilage of that dwellinghouse of more than one Regulation 2020/1070 small cell system or one small cell system;

(s) in the case of the installation, alteration or replacement of a Regulation 2020/1070 small cell system or a small cell system on a building or other structure, which is not a dwellinghouse or within the curtilage of a dwellinghouse, in a conservation area or World Heritage Site—

(i) unless the development is carried out in an emergency;

(ii) the installation of a Regulation 2020/1070 small cell system or a small cell system would result in the presence on the building or other structure of more than either—

(aa) two Regulation 2020/1070 small cell systems;

(bb) two small cell systems; or

(cc) one Regulation 2020/1070 small cell system and one small cell system; or

(iii) the replacement or alteration of a Regulation 2020/1070 small cell system or a small cell system would result in the presence on the building or other structure of more than either—

(aa) two Regulation 2020/1070 small cell systems;

(bb) two small cell systems;

(cc) one Regulation 2020/1070 small cell system and one small cell system; or

(dd) if greater, the number of Regulation 2020 small cell systems or small cell systems on the building or other structure before alteration or replacement of the antenna.]

Textual Amendments

F66 Words in Sch. 2 Pt. 24 Class A para. A.1(h) substituted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 4(5)(a)

F67 Words in Sch. 2 Pt. 24 Class A para. A.1(j)(i) substituted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 4(5)(b)(i)

F68 Sch. 2 Pt. 24 Class A para. A.1(j)(iii) substituted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 4(5)(b)(ii)

F69 Sch. 2 Pt. 24 Class A para. A.1(k)(ii) substituted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 4(5)(c)

F70 Sch. 2 Pt. 24 Class A para. A.1(l) substituted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 4(5)(d)

F71 Words in Sch. 2 Pt. 24 Class A para. A.1(m)(ii) inserted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 4(5)(e)

F72 Sch. 2 Pt. 24 Class A para. A.1(q)-(s) substituted for Sch. 2 Pt. 24 Class A para. A.1(q)-(t) (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 4(5)(f)

Conditions E+W

A.2— (1) Class A(a) and Class A(c) development is permitted subject to the condition that any antenna or supporting apparatus, radio equipment housing or development ancillary to radio equipment housing installed, altered or replaced on a building in accordance with that permission must, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.

(2) Class A(a) and Class A(c) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission must be removed from the land, building or structure on which it is situated—

(a) if such development was carried out in an emergency on any protected land, at the expiry of the relevant period, or

(b) in any other case, as soon as reasonably practicable after it is no longer required for any electronic communications purposes,

and such land, building or structure must be restored to its condition before the development took place or to any other condition as may be agreed in writing between the local planning authority and the developer.

(3) Class A(b) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission must be removed from the land at the expiry of the relevant period and the land restored to its condition before the development took place.

(4) Except in relation to development described in paragraph (5) and subject to paragraph (7), class A development on—

(a) protected land, or

(b) unprotected land consisting of the installation, alteration or replacement of—

(i) a mast;

(ii) an antenna on a building or structure (other than a mast) where the antenna (including any supporting structure) would exceed the height of the building or structure at the point where it is installed or to be installed by six metres or more;

(iii) a public call box;

(iv) radio equipment housing, where the volume of any single development is in excess of 2.5 cubic metres,

is permitted subject, except in case of emergency, to the conditions set out in A.3.

(5) Class A development on any article 1(5) land, which consists of the installation, alteration or replacement of a telegraph pole, cabinet or line, in connection with the provision of fixed-line broadband, is permitted, subject to the conditions set out in paragraph (6).

(6) The conditions are—

(a) the developer must give one month’s notice, in writing, to the relevant local planning authority and to the Natural Resources Body for Wales where the development, or any part of it, is in—

(i) a National Park, or

(ii) an area of outstanding natural beauty;

(b) the notice to be given under paragraph (a) must state the developer’s intention to install electronic communications apparatus, describe the apparatus and identify the location where it is proposed to install it;

(c) any cabinet must be:

(i) green;

(ii) black (except matt black); or

(iii) a colour which has the written approval of the local planning authority prior to the commencement of the development;

(d) any telegraph pole must have the same appearance and be made of the same material as the nearest existing telegraph pole to it which has planning permission, unless an alternative appearance or material has been approved in writing by the local planning authority prior to the commencement of the development.

(7) Paragraph (4) does not apply to development consisting of the alteration or replacement of a mast—

(a) on any protected land which excluding any antenna would not, when altered or replaced, exceed the greater of the height of the existing mast and 15 metres above ground level;

(b) on unprotected land which excluding any antenna would not, when altered or replaced, exceed the greater of the height of the existing mast and 20 metres above ground level.

Prior approval E+W

A.3— (1) The developer must give notice of the proposed development to any person (other than the developer) who is an owner of the land to which the development relates, or a tenant, before making the application required by paragraph (3)—

(a) by serving a developer’s notice on every such person whose name and address is known to the developer; and

(b) where the developer has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement.

(2) Where the proposed development consists of the installation of a mast within three kilometres of the perimeter of an aerodrome, the developer must notify the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate, before making the application required by paragraph (3).

(3) Before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development.

(4) The application must be accompanied by–

(a) a written description of the proposed development and a plan indicating its proposed location together with any fee required to be paid;

(b) the developer’s contact address, and the developer’s email address if the developer has one; and

(c) if the development involves the installation of one or more antennas, unless they are all [F73 Regulation 2020/1070 small cell systems or small cell systems,] a written declaration that the equipment and installation to which the application relates is so designed that it will, when installed, operate, having regard to its location and the manner in which it has been installed, in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non-ionising Radiation Protection F74 ...; and

(d) where paragraph (1) applies, by evidence that the requirements of paragraph (1) have been satisfied; and

(e) where paragraph (2) applies, by evidence that the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as the case may be, has been notified of the proposal.

(5) Subject to paragraphs (7)(c) and (d), upon receipt of the application under paragraph (4) the local planning authority must—

(a) for development which, in their opinion, falls within a category set out in the table of schedule 4 to the Procedure Order, consult the authority or person mentioned in relation to that category, except where–

(i) the local planning authority are the authority so mentioned; or

(ii) the authority or person so mentioned has advised the local planning authority that they do not wish to be consulted,

and give the consultees at least 14 days within which to comment;

(b) in the case of development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated or which would affect a right of way to which Part 3 of the Wildlife and Countryside Act 1981 (public rights of way) applies, give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order—

(i) by site display in at least one place on or near the land to which the application relates for not less than 21 days and

(ii) by local advertisement;

(c) in the case of development which does not fall within paragraph (b) but which involves development carried out on a site having an area of one hectare or more, give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order—

(i) by site display in least one place on or near the land to which the application relates for not less than 21 days, or

(ii) by serving notice on any adjoining owner or occupier, and

(iii) by local advertisement;

(d) in the case of development which does not fall within (b) or (c), give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order—

(i) by site display in at least one place on or near the land to which the application relates for not less than 21 days, or

(ii) by serving the notice on any adjoining owner or occupier.

(6) The local planning authority must take into account any representations made to them as a result of consultations or notices given under A.3(5), when determining the application made under paragraph (3).

(7) The development must not be begun before the occurrence of one of the following—

(a) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(b) where the local planning authority gives the applicant written notice that such prior approval is required, the giving of that approval to the applicant, in writing, within a period of 56 days beginning with the date on which they received the application;

(c) where the local planning authority gives the applicant written notice that such prior approval is required, the expiry of a period of 56 days beginning with the date on which the authority received the application without the authority notifying the applicant, in writing, that such approval is given or refused;

(d) the expiry of a period of 56 days beginning with the date on which the local planning authority received the application without the authority notifying the applicant, in writing, of their determination as to whether such prior approval is required.

(8) The development must, except to the extent that the local planning authority otherwise agree in writing, be carried out–

(a) where prior approval has been given as mentioned in paragraph (7)(b) in accordance with the details approved;

(b) in any other case, in accordance with the details submitted with the application.

(9) The agreement in writing referred to in paragraph (8) requires no special form of writing, and in particular there is no requirement on the developer to submit a new application for prior approval in the case of minor amendments to the details submitted with the application for prior approval.

(10) The development must be begun—

(a) where prior approval has been given as mentioned in paragraph (7)(b), not later than the expiration of five years beginning with the date on which the approval was given;

(b) in any other case, not later than the expiration of five years beginning with the date on which the local planning authority were given the information referred to in paragraph (4).

(11) In a case of emergency, development is permitted by Class A subject to the condition that the operator must give written notice to the local planning authority of such development as soon as possible after the emergency begins.

Textual Amendments

F73 Words in Sch. 2 Pt. 24 Class A para. A.3(4)(c) substituted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 4(6)(a)

F74 Words in Sch. 2 Pt. 24 Class A para. A.3(4)(c) omitted (W.) (21.12.2020) by virtue of The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 4(6)(b)

Interpretation of Class A E+W

A.4— (1) For the purposes of Class A—

“aerodrome operator” means the person for the time being having the management of an aerodrome or, in relation to a particular aerodrome, the management of that aerodrome;

“antenna system” means a set of antennas installed on a building or structure and operated in accordance with the electronic communications code;

[F75 “Commission Regulation 2020/1070” means Commission Implementing Regulation (EU) 2020/1070 on specifying the characteristics of small-area wireless access points pursuant to Article 57 paragraph 2 of the Directive;]

“development ancillary to radio equipment housing” means the installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of the radio equipment housing, and except on any land which is, or is within, a site of special scientific interest includes—

(a)

security equipment;

(b)

perimeter walls and fences; and

(c)

handrails, steps and ramps;

“developer’s notice” means a notice signed and dated by or on behalf of the developer and containing—

(a)

the name of the developer;

(b)

the address or location of the proposed development;

(c)

a description of the proposed development (including its siting and appearance and the height of any mast);

(d)

a statement that the developer will apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development;

(e)

the name and address of the local planning authority to whom the application will be made;

(f)

a statement that the application must be available for public inspection at the offices of the local planning authority during usual office hours;

(g)

a statement that any person who wishes to make representations about the siting and appearance of the proposed development may do so in writing to the local planning authority;

(h)

the date by which any such representations should be received by the local planning authority, being a date not less than 14 days from the date of the notice; and

(i)

the address to which such representations should be made.

[F75 “the Directive” means Directive (EU) 2018/1972 of the European Parliament and Council establishing the European Electronic Communications Code (recast);]

“electronic communications apparatus”, “electronic communications code”, “electronic communications network” and “electronic communications service” have the same meaning as in the Communications Act 2003;

“existing electronic communications apparatus” means electronic communications apparatus which is already sending or receiving electronic communications;”

“fixed-line broadband” means a service or connection (commonly referred to as being ‘always on’), via a fixed-line network, providing a bandwidth greater than narrowband;

“land controlled by the operator” means land occupied by the operator in right of a freehold interest or a leasehold interest under a lease granted for a term of not less than 10 years;

“local advertisement” means by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated;

“mast” means a radio mast or a radio tower;

“narrowband” means a service or connection providing data speeds up to 128 k bit/s;

“owner” means any person who is the estate owner in respect of the fee simple, or who is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired;

“Procedure Order” means the Town and Country Planning (Development Management Procedure) (Wales) Order 2012;

“protected land” means any land which is article 1(5) land or land which is, or is within, a site of special scientific interest;

[F75 Regulation 2020/1070 small cell system” means a small cell system—

(a)

to which Commission Regulation 2020/1070 applies;

(b)

which complies with the requirements of the European Standard laid down at point B of the Annex to Commission Regulation 2020/1070; and

(c)

meets the conditions set out in Point A of the Annex to Commission Regulation 2020/1070;]

“relevant period” means a period which expires–

(a)

six months from the commencement of the installation, alteration or replacement of any apparatus or structure permitted by Class A(a) or Class A(c);

(b)

eighteen months from the commencement of the use permitted by Class A(b);or

(c)

when the need for such apparatus, structure or use ceases,

whichever occurs first;

F76 ...

F76 ...

[F75 “small cell system” means an antenna which may be referred to as a femtocell, picocell, metrocell or microcell antenna, together with any ancillary apparatus, which—

(a)

operates on a point to multi point or area basis in connection with an electronic communications service;

(b)

does not, in any two dimensional measurement, have a surface area exceeding 5000 square centimetres; and

(c)

does not have a volume exceeding 50,000 cubic centimetres;

but does not include a Regulation 2020/1070 small cell system and any calculation for the purposes of paragraph (b) or (c) includes any power supply unit or casing, but excludes any mounting, fixing, bracket or other support structure;.]

“tenant” means the tenant of an agricultural holding any part of which is comprised in the land to which the application relates;

“unprotected land” means any land which is not protected land.

(2) For the purposes of this Part—

(a) the height of a mast is calculated by—

(i) adding together the height, measured at its highest point, of the mast or apparatus of—

(aa) the mast;

(bb) any apparatus attached to the mast; and

(cc) any plinth or other structure required for the purpose of supporting the mast; and

(ii) deducting from that sum the height, also measured at its highest point, of any antenna attached to the mast to the extent that it protrudes above the highest point of the mast;

(b) the width of a ground-based mast is to be calculated by adding together the width of—

(i) the mast; and

(ii) any apparatus attached to the mast (other than an antenna).

[F77 (3) Any reference in this Order to Commission Regulation 2020/1070 is a reference to that Regulation as amended from time to time.]

Textual Amendments

F75 Words in Sch. 2 Pt. 24 Class A para. A.4(1) inserted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 4(7)(b)

F76 Words in Sch. 2 Pt. 24 Class A para. A.4(1) omitted (W.) (21.12.2020) by virtue of The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 4(7)(a)

F77 Sch. 2 Pt. 24 Class A para. A.4(3) inserted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 4(8)

Extent of Permission E+W

A.5   Where Class A permits the installation, alteration or replacement of any electronic communications apparatus, the permission extends to any—

(a) casing or covering;

(b) mounting, fixing, bracket or other support structure;

(c) perimeter walls or fences;

(d) handrails, steps or ramps; or

(e) security equipment;

reasonably required for the purposes of the electronic communications apparatus.

A.6   Nothing in paragraph A.5 extends the permission in Class A to include the installation, alteration or replacement of anything mentioned in paragraph A.5(a) to (e) on any land which is, or is within, a site of special scientific interest if the inclusion of such an item would not have been permitted by Class A, as read without reference to paragraph A.5.]

PART 25 E+W OTHER TELECOMMUNICATIONS DEVELOPMENT

Class A E+W

Permitted development E+W

A.  The installation, alteration or replacement on any building or other structure of a height of 15 metres or more of a microwave antenna and any structure intended for the support of a microwave antenna.

Development not permitted E+W

[F78 A.1   Development is not permitted by Class A if—

(a) the building is a dwellinghouse or the building or structure is within the curtilage of a dwellinghouse;

(b) it would consist of development of a kind described in paragraph A of Part 24;

(c) it would consist of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 (definitions of driver information systems etc);

(d) it would result in the presence on the building or structure of more than four antennas;

(e) in the case of an antenna installed on a chimney, the length of the antenna would exceed 60cm;

(f) in all other cases, the length of the antenna would exceed 130cm;

(g) it would consist of the installation of an antenna with a cubic capacity in excess of 35 litres;

(h) the highest part of the antenna or its supporting structure would be more than three metres higher than the highest part of the building or structure on which it is installed or is to be installed;

(i) in the case of article 1(5) land, it would consist of the installation of an antenna on a chimney, wall or roof slope which faces onto, and is visible from, a highway.]

Textual Amendments

F78 Sch. 2 Pt. 25 Class A para. A. 1 substituted (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 4(1)(a)

Conditions E+W

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

(a) the antenna shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is installed;

[F79 (b) an antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as reasonably practicable.]

Textual Amendments

F79 Sch. 2 Pt. 25 Class A para. A.2(b) substituted (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 4(1)(b)

[F80 A.3.   For the purposes of Class A— E

(a) the length of an antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mountings or brackets;

(b) the maximum number of antenna for the purpose of paragraph A1.(d) includes any [F81 small cell system] permitted under Class A of Part 24 [F82 , but excludes Regulation 2010/1070 small cell systems to the extent that they are permitted by paragraph A.1(q) of Part 24].]

Textual Amendments

F80 Sch. 2 Pt. 25 Class A para. A.3 added (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 4(1)(c)

F81 Words in Sch. 2 Pt. 25 Class A para. A.3(b) substituted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 5(2)(a)(i)

F82 Words in Sch. 2 Pt. 25 Class A para. A.3(b) inserted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 5(2)(a)(ii)

Class B E+W

Permitted development E+W

B.  The installation, alteration or replacement on any building or other structure of a height of less than 15 metres of [F83 a microwave antenna].

Textual Amendments

F83 Words in Sch. 2 Pt. 25 Class B para. B substituted (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 4(2)(a)

Development not permitted E+W

[F84 B.1   Development is not permitted by Class B if—

(a) the building is a dwellinghouse or other structure within the curtilage of a dwellinghouse;

(b) it would consist of development of a kind described in Class A of Part 24;

(c) it would consist of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 (definitions of driver information systems etc);

(d) it would result in the presence on the building or structure of—

(i) more than two antennas;

(ii) a single antenna exceeding 100 centimetres in length;

(iii) two antennas which do not meet the relevant size criteria;

(iv) an antenna installed on a chimney, where the length of the antenna would exceed 60cm;

(v) an antenna installed on a chimney, where the antenna would protrude over the chimney;

(vi) an antenna with a cubic capacity in excess of 35 litres;

(e) in the case of an antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof;

(f) in the case of an antenna to be installed on a roof with a chimney, the highest part of the antenna would be higher than the highest part of the chimney, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lowest;

(g) in the case of article 1(5) land, it would consist of the installation of an antenna on a chimney, wall or roof slope which faces onto, and is visible from, a highway.]

Textual Amendments

F84 Sch. 2 Pt. 25 Class B para. B.1 substituted (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 4(2)(b)

Condition E+W

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

(a) the antenna shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is installed;

[F85 (b) an antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as reasonably practicable]

Textual Amendments

F85 Sch. 2 Pt. 25 Class B para. B.2(b) substituted (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 4(2)(c)

[F86 B.3.   B.3 The relevant size criteria for the purposes of paragraph B.1(d) are that— E+W

(a) only one of the antennas may exceed 60 centimetres in length; and

(b) any antenna which exceeds 60 centimetres in length must not exceed 100 centimetres in length.

Textual Amendments

F86 Sch. 2 Pt. 25 Class B paras. B.3-B.5 added (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 4(2)(d)

B.4.   The length of an antenna is to be measured in any linear direction and shall exclude any projecting feed element, reinforcing rim, mounting or brackets. E+W

Textual Amendments

F86 Sch. 2 Pt. 25 Class B paras. B.3-B.5 added (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 4(2)(d)

B.5.   The maximum number of antenna for the purpose of paragraph B.1(d) includes any [F87 small cell system] permitted under Class A of Part 24 [F88 , but excludes Regulation 2010/1070 small cell systems to the extent that they are permitted by paragraph A.1(q) of Part 24].] E+W

Textual Amendments

F86 Sch. 2 Pt. 25 Class B paras. B.3-B.5 added (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 4(2)(d)

F87 Words in Sch. 2 Pt. 25 Class B para. B.5 substituted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 5(2)(b)(i)

F88 Words in Sch. 2 Pt. 25 Class B para. B.5 inserted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 5(2)(b)(ii)

F1 PART 26 E+W

F1 Class A E+W

Permitted development E+W

F1 A.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted E+W

F1 A.1   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Condition E+W

F1 A.2   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class A E+W

F1 A.3   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 27 E+W USE BY MEMBERS OF CERTAIN RECREATIONAL ORGANISATIONS

Class A E+W

Permitted development E+W

A.  The use of land by members of a recreational organisation for the purposes of recreation or instruction, and the erection or placing of tents on the land for the purposes of the use.

Development not permitted E+W

A.1   Development is not permitted by Class A if the land is a building or is within the curtilage of a dwellinghouse.

Interpretation of Class A E+W

A.2   For the purposes of Class A—

“recreational organisation" means an organisation holding a certificate of exemption under section 269 of the Public Health Act 1936 M23 (power of local authority to control use of moveable dwellings).

Marginal Citations

M23 1936 c. 49.

PART 28 E+W DEVELOPMENT AT AMUSEMENT PARKS

Class A E+W

Permitted development E+W

A.  Development on land used as an amusement park consisting of—

(a) the erection of booths or stalls or the installation of plant or machinery to be used for or in connection with the entertainment of the public within the amusement park; or

(b) the extension, alteration or replacement of any existing booths or stalls, plant or machinery so used.

Development not permitted E+W

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

(a) the plant or machinery would—

(i) if the land or pier is within 3 kilometres of the perimeter of an aerodrome, exceed a height of 25 metres or the height of the highest existing structure (whichever is the lesser), or

(ii) in any other case, exceed a height of 25 metres;

(b) in the case of an extension to an existing building or structure, that building or structure would as a result exceed 5 metres above ground level or the height of the roof of the existing building or structure, whichever is the greater, or

(c) in any other case, the height of the building or structure erected, extended, altered or replaced would exceed 5 metres above ground level.

Interpretation of Class A E+W

A.2   For the purposes of Class A—

• “amusement park" means an enclosed area of open land, or any part of a seaside pier, which is principally used (other than by way of a temporary use) as a funfair or otherwise for the purposes of providing public entertainment by means of mechanical amusements and side-shows; but, where part only of an enclosed area is commonly so used as a funfair or for such public entertainment, only the part so used shall be regarded as an amusement park; and

• “booths or stalls" includes buildings or structures similar to booths or stalls.

PART 29 E+W DRIVER INFORMATION SYSTEMS

Class A E+W

Permitted development E+W

A.  The installation, alteration or replacement of system apparatus by or on behalf of a driver information system operator. E+W

Development not permitted E+W

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

(a) in the case of the installation, alteration or replacement of system apparatus other than on a building or other structure—

(i) the ground or base area of the system apparatus would exceed 1.5 square metres; or

(ii) the system apparatus would exceed a height of 15 metres above ground level;

(b) in the case of the installation, alteration or replacement of system apparatus on a building or other structure—

(i) the highest part of the apparatus when installed, altered, or replaced would exceed in height the highest part of the building or structure by more than 3 metres; or

(ii) the development would result in the presence on the building or structure of more than two microwave antennas.

Conditions E+W

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

(a) any system apparatus shall, so far as practicable, be sited so as to minimise its effect on the external appearance of any building or other structure on which it is installed;

(b) any system apparatus which is no longer needed for a driver information system shall be removed as soon as reasonably practicable.

Interpretation of Class A E+W

A.3   For the purposes of Class A—

• “driver information system operator" means a person granted an operator’s licence under section 10 of the Road Traffic (Driver Licensing and Information Systems) Act 1989 M24 (operators’ licences); and

• “system apparatus" has the meaning assigned to that term by section 8(6) of that Act (definitions of driver information systems etc.).

Marginal Citations

M24 1989 c. 22.

PART 30 E+W TOLL ROAD FACILITIES

Class A E+W

Permitted development E+W

A.  Development consisting of—

(a) the setting up and the maintenance, improvement or other alteration of facilities for the collection of tolls;

(b) the provision of a hard surface to be used for the parking of vehicles in connection with the use of such facilities.

Development not permitted E+W

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

(a) it is not located within 100 metres (measured along the ground) of the boundary of a toll road;

(b) the height of any building or structure would exceed—

(i) 7.5 metres excluding any rooftop structure; or

(ii) 10 metres including any rooftop structure;

(c) the aggregate area of the floor space at or above ground level of any building or group of buildings within a toll collection area, excluding the floor space of any toll collection booth, would exceed 1,500 square metres.

Conditions E+W

A.2   In the case of any article 1(5) land, development is permitted by Class A subject to the following conditions—

(a) the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the facilities for the collection of tolls;

(b) the application shall be accompanied by a written description, together with plans and elevations, of the proposed development and any fee required to be paid;

(c) the development shall not be begun before the occurrence of one of the following—

(i) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(ii) where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval; or

(iii) the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(d) the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—

(i) where prior approval is required, in accordance with the details approved;

(ii) where prior approval is not required, in accordance with the details submitted with the application;

and

(e) the development shall be carried out—

(i) where approval has been given by the local planning authority, within a period of five years from the date on which the approval was given;

(ii) in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (b).

Interpretation of Class A E+W

A.3   For the purposes of Class A—

• “facilities for the collection of tolls" means such buildings, structures, or other facilities as are reasonably required for the purpose of or in connection with the collection of tolls in pursuance of a toll order;

• “ground level" means the level of the surface of the ground immediately adjacent to the building or group of buildings in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it;

• “rooftop structure" means any apparatus or structure which is reasonably required to be located on and attached to the roof, being an apparatus or structure which is–

  (a)

  so located for the provision of heating, ventilation, air conditioning, water, gas or electricity;

  (b)

  lift machinery; or

  (c)

  reasonably required for safety purposes;

• “toll" means a toll which may be charged pursuant to a toll order;

• “toll collection area" means an area of land where tolls are collected in pursuance of a toll order, and includes any facilities for the collection of tolls;

• “toll collection booth" means any building or structure designed or adapted for the purpose of collecting tolls in pursuance of a toll order;

• “toll order" has the same meaning as in Part I of the New Roads and Street Works Act 1991 M25 (new roads in England and Wales); and

• “toll road" means a road which is the subject of a toll order.

Marginal Citations

M25 1991 c. 22.

PART 31 E+W DEMOLITION OF BUILDINGS

Class A E+W

Permitted development E+W

A.  Any building operation consisting of the demolition of a building.

Development not permitted E+W

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

(a) the building has been rendered unsafe or otherwise uninhabitable by the action or inaction of any person having an interest in the land on which the building stands; and

(b) it is practicable to secure safety or health by works of repair or works for affording temporary support.

Conditions E+W

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

(a) where demolition is urgently necessary in the interests of safety or health and the measures immediately necessary in such interests are the demolition of the building the developer shall, as soon as reasonably practicable, give the local planning authority a written justification of the demolition;

(b) where the demolition does not fall within sub-paragraph (a) and is not excluded demolition—

(i) the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the method of demolition and any proposed restoration of the site;

(ii) the application shall be accompanied by a written description of the proposed development, a statement that a notice has been posted in accordance with sub-paragraph (iii) and any fee required to be paid;

(iii) subject to sub-paragraph (iv), the applicant shall display a site notice by site display on or near the land on which the building to be demolished is sited and shall leave the notice in place for not less than 21 days in the period of 28 days beginning with the date on which the application was submitted to the local planning authority;

(iv) where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to in sub-paragraph (iii) has elapsed, he shall be treated as having complied with the requirements of that sub-paragraph if he has taken reasonable steps for protection of the notice and, if need be, its replacement;

(v) the development shall not be begun before the occurrence of one of the following—

(aa) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(bb) where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval; or

(cc) the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(vi) the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—

(aa) where prior approval is required, in accordance with the details approved;

(bb) where prior approval is not required, in accordance with the details submitted with the application;

and

(vii) the development shall be carried out—

(aa) where approval has been given by the local planning authority, within a period of five years from the date on which approval was given;

(bb) in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (ii).

Interpretation of Class A E+W

A.3   For the purposes of Class A—

• “excluded demolition" means demolition—

  (a)

  on land which is the subject of a planning permission, for the redevelopment of the land, granted on an application or deemed to be granted under Part III of the Act (control over development),

  (b)

  required or permitted to be carried out by or under any enactment, or

  (c)

  required to be carried out by virtue of a relevant obligation;

• “relevant obligation" means—

  (a)

  an obligation arising under an agreement made under section 106 of the Act, as originally enacted (agreements regulating development or use of land);

  (b)

  a planning obligation entered into under section 106 of the Act, as substituted by section 12 of the Planning and Compensation Act 1991 M26 (planning obligations), or under section 299A of the Act M27 (Crown planning obligations);

  (c)

  an obligation arising under or under an agreement made under any provision corresponding to section 106 of the Act, as originally enacted or as substituted by the Planning and Compensation Act 1991, or to section 299A of the Act; and

• “site notice" means a notice containing—

  (a)

  the name of the applicant,

  (b)

  a description, including the address, of the building or buildings which it is proposed be demolished,

  (c)

  a statement that the applicant has applied to the local planning authority for a determination as to whether the prior approval of the authority will be required to the method of demolition and any proposed restoration of the site,

  (d)

  the date on which the applicant proposes to carry out the demolition, and

  (e)

  the name and address of the local planning authority,

  and which is signed and dated by or on behalf of the applicant.

Marginal Citations

M26 1991 c. 34.

M27 Section 299A was inserted by section 12(3) of the Planning and Compensation Act 1991 (c. 34).

Class B E+W

Permitted development E+W

B.  Any building operation consisting of the demolition of the whole or any part of any gate, fence, wall or other means of enclosure.

Development not permitted E+W

F1 B.1   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F89 PART 32 E+W SCHOOLS, COLLEGES, UNIVERSITIES AND HOSPITALS

Textual Amendments

F89 Sch. 2 Pt. 32 substituted (W.) (28.4.2014) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2014 (S.I. 2014/592), arts. 1(1), 2(4)

Class A E+W

Permitted development E+W

A.  The erection, extension or alteration of a school, college, university or hospital building.

Development not permitted E+W

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

(a) if the cumulative gross floor space of any buildings erected, extended or altered would exceed—

(i) 25% of the gross floor space of the original school, college, university or hospital buildings; or

(ii) 100 square metres,

whichever is the lesser;

(b) if any part of the development would be within 5 metres of a boundary of the curtilage of the premises;

(c) if, as a result of the development, any land used as a playing field at any time in the 5 years before the development commenced and remaining in this use could no longer be so used;

(d) if the height of any new building erected would exceed 5 metres;

(e) if the height of the building as extended or altered would exceed—

(i) if within 10 metres of a boundary of the curtilage of the premises, 5 metres; or

(ii) in all other cases, the height of the building being extended or altered;

(f) if the development would be within the curtilage of a listed building;

(g) the development would lead to a reduction in the space available for the parking or turning of vehicles; or

(h) unless—

(i) in the case of school, college or university buildings, the predominant use of the existing buildings on the premises is for the provision of education; or

(ii) in the case of hospital buildings, the predominant use of the existing buildings on the premises is for the provision of any medical or health services.

Conditions E+W

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

(a) the development must be within the curtilage of an existing school, college, university or hospital;

(b) the development may only be used as part of, or for a purpose incidental to, the use of that school, college, university or hospital;

(c) any new building erected must, in the case of article 1(5) land or land within a World Heritage Site, be constructed using materials which have a similar external appearance to those used for the original school, college, university or hospital buildings; and

(d) any extension or alteration must, in the case of article 1(5) land or land within a World Heritage Site be constructed using materials which have a similar external appearance to those used for the building being extended or altered.

Interpretation E+W

A.3.   For the purposes of Class A—

(a) where two or more original buildings are within the same curtilage and are used for the same institution, they are to be treated as a single original building in making any measurement; and

(b) “original school, college, university or hospital building” means any original building which is a school, college, university or hospital building, as the case may be, other than any building erected at any time under Class A.

Class B E+W

Permitted Development E+W

B.  The erection or construction of a refuse or cycle store within the curtilage of a school, college, university or hospital building.

Development not permitted E+W

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

(a) the gross floor space of the building or enclosure would exceed 20 square metres;

(b) any part of the building or enclosure erected would be within;

(i) 5 metres of any boundary of the curtilage of the premises; or

(ii) 20 metres of any building used for residential purposes;

(c) the height of the building or enclosure would exceed 2.5 metres;

(d) the development would be on article 1(5) land;

(e) the development would be on land within a World Heritage Site;

(f) the development would be within the curtilage of a listed building; or

(g) the development would lead to a reduction in the space available for the parking and turning of vehicles.

Condition E+W

B.2.   Development is permitted by Class B subject to the condition that the building or enclosure is only used for the storage of refuse or bicycles.

Interpretation of Class B E+W

B.3.   For the purposes of Class B—

“cycle store” means a building or enclosure designed to be used for the storage of bicycles;

“refuse store” means a building or enclosure designed to be used for the storage of refuse which may include recycling; and

“residential purposes” means a building used for any purpose within Part C of the Schedule to the Use Classes Order, as a hostel or as a flat and includes buildings used in part for residential purposes and in part for other purposes.]

PART 33 E+W CLOSED CIRCUIT TELEVISION CAMERAS

Class A E+W

Permitted development E+W

A.  The installation, alteration or replacement on a building of a closed circuit television camera to be used for security purposes.

Development not permitted E+W

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

(a) the building on which the camera would be installed, altered or replaced is a listed building or a scheduled monument;

(b) the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres;

(c) any part of the camera would, when installed, altered or replaced, be less than 250 centimetres above ground level;

(d) any part of the camera would, when installed, altered or replaced, protrude from the surface of the building by more than one metre when measured from the surface of the building;

(e) any part of the camera would, when installed, altered or replaced, be in contact with the surface of the building at a point which is more than one metre from any other point of contact;

(f) any part of the camera would be less than 10 metres from any part of another camera installed on a building;

(g) the development would result in the presence of more than four cameras on the same side of the building; or

(h) the development would result in the presence of more than 16 cameras on the building.

Conditions E+W

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

(a) the camera shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building on which it is situated;

(b) the camera shall be removed as soon as reasonably practicable after it is no longer required for security purposes.

Interpretation of Class A E+W

A.3   For the purposes of Class A—

• “camera", except in paragraph A.1(b), includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets; and

• “ground level" means the level of the surface of the ground immediately adjacent to the building or, where the level of the surface of the ground is not uniform, the level of the highest part of the surface of the ground adjacent to it.

[F90 PART 34 E+W DEVELOPMENT BY THE CROWN

Textual Amendments

F90 Sch. 2 Pts. 34-38 inserted (W.) (7.6.2006) byThe Town and Country Planning (Miscellaneous Amendments and Modifications relating to Crown Land) (Wales) Order 2006 (S.I. 2006/1386), arts. 1(1), 3(6)(a), Sch. Pt. 2

Class A E+W

Permitted development E+W

A.   The erection or construction and the maintenance, improvement or other alteration by or on behalf of the Crown of—

(a) any small ancillary building, works or equipment on Crown land required for operational purposes;

(b) lamp standards, information kiosks, passenger shelters, shelters and seats, telephone boxes, fire alarms, drinking fountains, refuse bins or baskets, barriers for the control of people and vehicles, and similar structures or works required in connection with the operational purposes of the Crown.

Interpretation of Class A E+W

A.1   The reference in Class A to any small ancillary building, works or equipment is a reference to any ancillary building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity.

Class B E+W

Permitted development E+W

B.   The extension or alteration by or on behalf of the Crown of an operational Crown building.

Development not permitted E+W

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

(a) the building as extended or altered is to be used for purposes other than those of—

(i) the Crown; or

(ii) the provision of employee facilities;

(b) the height of the building as extended or altered would exceed the height of the original building;

(c) the cubic content of the original building would be exceeded by more than—

(i) 10%, in respect of development on any article 1(5) land; or

(ii) 25%, in any other case;

(d) the floor space of the original building would be exceeded by more than—

(i) 500 square metres in respect of development on any article 1(5) land; or

(ii) 1,000 square metres in any other case;

(e) the external appearance of the original building would be materially affected;

(f) any part of the building as extended or altered would be within 5 metres of any boundary of the curtilage of the original building; or

(g) the development would lead to a reduction in the space available for the parking or turning of vehicles.

Interpretation of Class B E+W

B.2   For the purposes of Class B—

(a) the erection of any additional building within the curtilage of another building (whether by virtue of Class B or otherwise) and used in connection with it is to be treated as the extension of that building, and the additional building is not to be treated as an original building;

(b) where two or more original buildings are within the same curtilage and are used for the same operational purposes, they are to be treated as a single original building in making any measurement;

(c) “employee facilities”means social, care or recreational facilities provided for employees or servants of the Crown, including crèche facilities provided for the children of such employees or servants.

Class C E+W

Permitted development E+W

C.   Development carried out by or on behalf of the Crown on operational Crown land for operational purposes consisting of—

(a) the installation of additional or replacement plant or machinery;

(b) the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus; or

(c) the provision, rearrangement or replacement of a private way, private railway, siding or conveyor.

Development not permitted E+W

C.1   Development described in Class C(a) is not permitted if—

(a) it would materially affect the external appearance of the premises; or

(b) any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.

Interpretation of Class C E+W

C.2   In Class C, “Crown land”does not include land in or adjacent to and occupied together with a mine.

Class D E+W

Permitted development E+W

D.   The provision by or on behalf of the Crown of a hard surface within the curtilage of an operational Crown building.

PART 35 E+W AVIATION DEVELOPMENT BY THE CROWN

Class A E+W

Permitted development E+W

A.   The carrying out on operational Crown land, by or on behalf of the Crown, of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at an airbase.

Development not permitted E+W

A.1   Development is not permitted by Class A if it would consist of or include—

(a) the construction or extension of a runway;

(b) the construction of a passenger terminal the floor space of which would exceed 500 square metres;

(c) the extension or alteration of a passenger terminal, where the floor space of the building as existing at 7th June 2006 or, if built after that date, of the building as built, would be exceeded by more than 15%;

(d) the erection of a building other than an operational building;

(e) the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected.

Condition E+W

A.2   Development is permitted by Class A subject to the condition that the relevant airbase operator consults the local planning authority before carrying out any development, unless that development falls within the description in paragraph A.4.

Interpretation of Class A E+W

A.3   For the purposes of paragraph A.1, floor space shall be calculated by external measurement and without taking account of the floor space in any pier or satellite.

A.4   Development falls within this paragraph if—

(a) it is urgently required for the efficient running of the airbase, and

(b) it consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building, or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.

A.5   For the purposes of Class A, “operational building”means an operational Crown building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, military or civilian personnel, goods, military equipment, munitions and other items.

Class B E+W

Permitted development E+W

B.   The carrying out on operational land within the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

Class C E+W

Permitted development E+W

C.   The carrying out on operational land outside but within 8 kilometres of the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

Development not permitted E+W

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

(a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b) any building erected would exceed a height of 4 metres; or

(c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast antenna or apparatus, if greater.

Class D E+W

Permitted development E+W

D.   The carrying out on operational land, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

Development not permitted E+W

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

(a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b) any building erected would exceed a height of 4 metres; or

(c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

Class E E+W

Permitted development E+W

E.   The use of land by or on behalf of the Crown in an emergency to station moveable apparatus replacing unserviceable apparatus in connection with the provision of air traffic services.

Condition E+W

E.1   Development is permitted by Class E subject to the condition that on or before the expiry of a period of six months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

Class F E+W

Permitted development E+W

F.   The use of land by or on behalf of the Crown to provide services and facilities in connection with the provision of air traffic services and the erection or placing of moveable structures on the land for the purposes of that use.

Condition E+W

F.1   Development is permitted by Class F subject to the condition that, on or before the expiry of the period of six months beginning with the date on which the use began, the use shall cease, any structure shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

Class G E+W

Permitted development E+W

G.   The use of land by or on behalf of the Crown for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations.

Condition E+W

G.1   Development is permitted by Class G subject to the condition that on or before the expiry of the period of six months beginning with the date on which the use began, the use will cease, any apparatus will be removed, and the land must be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

Class H E+W

Permitted development E+W

H.   The use of buildings by or on behalf of the Crown within the perimeter of an airbase for purposes connected with air transport services or other flying activities at that airbase.

Interpretation of Part 35 E+W

I.   For the purposes of Part 35—

“airbase” means the aggregate of the land, buildings and works comprised in a Government aerodrome within the meaning of article 155 of the Air Navigation Order 2005; and

“air traffic services” has the same meaning as in section 98 of the Transport Act 2000(air traffic services).

PART 36 E+W CROWN RAILWAYS, DOCKYARDSETC.AND LIGHTHOUSES

Class A E+W

Permitted development E+W

A.   Development by or on behalf of the Crown on operational Crown land, required in connection with the movement of traffic by rail.

Development not permitted E+W

A.1   Development is not permitted by Class A if it consists of or includes—

(a) the construction of a railway;

(b) the construction or erection of a hotel, railway station or bridge; or

(c) the construction or erection otherwise than wholly within a railway station of an office, residential or educational building, car park, shop, restaurant, garage, petrol filling station or a building used for an industrial process.

Interpretation of Class A E+W

A.2   For the purposes of Class A, references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected.

Class B E+W

Permitted development E+W

B.   Development by or on behalf of the Crown or its lessees on operational Crown land where the development is required—

(a) for the purposes of shipping; or

(b) at a dock, pier, pontoon or harbour in connection with the embarking, disembarking, loading, discharging or transport of military or civilian personnel, military equipment, munitions, or other items.

Development not permitted E+W

B.1   Development is not permitted by Class B if it consists of or includes the construction or erection of a bridge or other building not required in connection with the handling of traffic.

Interpretation of Class B E+W

B.2   For the purposes of Class B, references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected.

Class C E+W

Permitted development E+W

C.   The use of any land by or on behalf of the Crown for the spreading of any dredged material resulting from a dock, pier, harbour, water transport, canal or inland navigation undertaking.

Class D E+W

Permitted development E+W

D.   Development by or on behalf of the Crown on operational Crown land, or for operational purposes, consisting of—

(a) the use of the land as a lighthouse, with all requisite works, roads and appurtenances;

(b) the extension of, alteration, or removal of a lighthouse; or

(c) the erection, placing, alteration or removal of a buoy or beacon.

Development not permitted E+W

D.1   Development is not permitted by Class D if it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected.

Interpretation of Class D E+W

D.2   For the purposes of Class D—

“buoys and beacons” includes all other marks and signs of the sea; and

“lighthouse” includes any floating and other light exhibited for the guidance of ships, and also any sirens and any other description of fog signals.

PART 37 E+W EMERGENCY DEVELOPMENT BY THE CROWN

Class A E+W

Permitted development E+W

A.   Development by or on behalf of the Crown on Crown land for the purposes of—

(a) preventing an emergency;

(b) reducing, controlling or mitigating the effects of an emergency; or

(c) taking other action in connection with an emergency.

Conditions E+W

A.1   Development is permitted by Class A subject to the following conditions—

(a) the developer shall, as soon as practicable after commencing development, notify the local planning authority of that development; and

(b) on or before the expiry of the period of six months beginning with the date on which the development began—

(i) any use of that land for a purpose of Class A must cease and any buildings, plant, machinery, structures and erections permitted by Class A must be removed; and

(iii) the land must be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

Interpretation of Class A E+W

A2.— (1) For the purposes of Class A, “emergency”means an event or situation which threatens serious damage to—

(a) human welfare in a place in the United Kingdom;

(b) the environment of a place in the United Kingdom; or

(c) the security of the United Kingdom.

(2) For the purposes of paragraph (1)(a) an event or situation threatens damage to human welfare only if it involves, causes or may cause—

(a) loss of human life;

(b) human illness or injury;

(c) homelessness;

(d) damage to property;

(e) disruption of a supply of money, food, water, energy or fuel;

(f) disruption of a system of communication;

(g) disruption of facilities for transport; or

(h) disruption of services relating to health.

(3) For the purposes of paragraph (1)(b) an event or situation threatens damage to the environment only if it involves, causes or may cause—

(a) contamination of land, water or air with biological, chemical or radio-active matter; or

(b) disruption or destruction of plant life or animal life.

PART 38 E+W DEVELOPMENT FOR NATIONAL SECURITY PURPOSES

Class A E+W

Permitted development E+W

A.   The erection, construction, maintenance, improvement or alteration of a gate, fence, wall of other means of enclosure by or on behalf of the Crown on Crown land for national security purposes.

Development not permitted E+W

A.1   Development is not permitted by Class A if the height of any gate, fence, wall or other means of enclosure erected or constructed would exceed 4.5 metres above ground level.

Class B E+W

Permitted development E+W

B.   The installation, alteration or replacement by or on behalf of the Crown on Crown land of a closed circuit television camera and associated lighting for national security purposes.

Development not permitted E+W

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

(a) the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres;

(b) the uniform level of lighting provided exceeds 10 lux measured at ground level.

Conditions E+W

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

(a) the camera must, so far as practicable, be sited so as to minimise its effect on the external appearance of any building to which it is fixed;

(b) the camera must be removed as soon as reasonably practicable after it is no longer required for national security purposes.

Interpretation of Class B E+W

B.3   For the purposes of Class B—

• “camera” except in paragraph B1(a) includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets; and

• “ground level” means the level of the surface of the ground immediately adjacent to the building to which the camera is attached or, where the level of the surface of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it.

Class C E+W

Permitted development E+W

C.   Development by or on behalf of the Crown for national security purposes in, on, over or under Crown land, consisting of—

(a) the installation, alteration or replacement of any electronic communications apparatus;

(b) the use of land in an emergency for a period not exceeding six months to station and operate moveable electronic communications apparatus required for the replacement of unserviceable electronic communications apparatus, including the provision of moveable structures on the land for the purposes of that use; or

(c) development ancillary to radio equipment housing.

Development not permitted E+W

C.1   Development is not permitted by Class C(a) if—

(a) in the case of the installation of apparatus (other than on a building) the apparatus, excluding any antenna, would exceed a height of 15 metres above ground level;

(b) in the case of the alteration or replacement of apparatus already installed (other than on a building), the apparatus, excluding any antenna, would, when altered or replaced, exceed the height of the existing apparatus or a height of 15 metres above ground level, whichever is the greater;

(c) in the case of the installation, alteration or replacement of apparatus on a building, the height of the apparatus (taken by itself) would exceed the height of the existing apparatus or—

(i) 15 metres, where it is installed, or is to be installed, on a building which is 30 metres or more in height; or

(ii) 10 metres in any other case,

whichever is the greater;

(d) in the case of the installation, alteration or replacement of apparatus on a building, the highest part of the apparatus when installed, altered or replaced would exceed the height of the highest part of the building by more than the height of the existing apparatus or—

(i) 10 metres, where it is installed, or is to be installed, on a building which is 30 metres or more in height;

(ii) 8 metres, in the case of a building which is more than 15 metres but less than 30 metres in height; or

(iii) 6 metres in any other case.

whichever is the greater;

(e) in the case of the installation, alteration or replacement of apparatus (other than an antenna) on a mast, the height of the mast and the apparatus supported by it would, when the apparatus was installed, altered or replaced, exceed any relevant height limit specified in respect of apparatus in paragraphs C.1(a), (b), (c) and (d), and for the purposes of applying the limit specified in sub-paragraph (c), the words “(taken by itself)”must be disregarded;

(f) in the case of the installation, alteration or replacement of any apparatus other than—

(i) a mast;

(ii) an antenna;

(iii) any apparatus which does not project above the level of the surface of the ground; or

(iv) radio equipment housing,

the ground or base area of the structure would exceed the ground or base area of the existing structure or 1.5 square metres, whichever is the greater;

(g) in the case of the installation, alteration or replacement of an antenna on a building (other than a mast) which is less than 15 metres in height; on a mast located on such a building; or, where the antenna is to be located below a height of 15 metres above ground level, on a building (other than a mast) which is 15 metres or more in height—

(i) the antenna is to be located on a wall or roof slope facing a highway which is within 20 metres of the building on which the antenna is to be located, unless it is essential for operational purposes that the antenna is located in that position; or

(ii) in the case of dish antennas, the size of any dish would exceed the size of the existing dish when measured in any dimension or 1.3 metres when measured in any dimension, whichever is the greater;

(h) in the case of the installation, alteration or replacement of a dish antenna on a building (other than a mast) which is 15 metres or more in height, or on a mast located on such a building , where the antenna is located at a height of 15 metres or above, measured from ground level the size of any dish would exceed the size of the existing dish when measured in any dimension or 1.3 metres when measured in any dimension, whichever is the greater;

(i) in the case of the installation of a mast, on a building which is less than 15 metres in height, such a mast would be within 20 metres of a highway, unless it is essential for operational purposes that the mast is installed in that position;

(j) in the case of the installation, alteration or replacement of radio equipment housing—

(i) the development is not ancillary to the use of any other electronic communications apparatus; or

(ii) the development would exceed 90 cubic metres or, if located on the roof of a building, the development would exceed 30 cubic metres.

C.2.   Development consisting of the installation of apparatus is not permitted by Class C(a) on article 1(5) land unless—

(a) the land on which the apparatus is to be installed is, or forms part of, a site on which there is existing electronic communication apparatus;

(b) the existing apparatus was installed on the site on or before the relevant day; and

(c) the site was Crown land on the relevant day.

C.3— (1) Subject to paragraph (2), development is not permitted by Class C(a) if it will result in the installation of more than one item of apparatus (“the original apparatus”) on a site in addition to any item of apparatus already on that site on the relevant day.

(2) In addition to the original apparatus which may be installed on a site by virtue of Class C(a), for every four items of apparatus which existed on that site on the relevant day, one additional item of small apparatus may be installed.

(3) In paragraph (2), “small apparatus” means—

(a) a dish antenna, other than on a building, not exceeding 5 metres in diameter and 7 metres in height;

(b) an antenna, other than a dish antenna and other than on a building, not exceeding 7 metres in height;

(c) a hard standing or other base for any apparatus described in sub-paragraphs (a) and (b), not exceeding 7 metres in diameter;

(d) a dish antenna on a building, not exceeding 1.3 metres in diameter and 3 metres in height;

(e) an antenna, other than a dish antenna, on a building, not exceeding 3 metres in height;

(f) a mast on a building, not exceeding 3 metres in height;

(g) equipment housing not exceeding 3 metres in height and of which the area, when measured at ground level, does not exceed 9 square metres.

Conditions E+W

C.4— (1) Class C(a) and Class C(c) development is permitted subject to the condition that any antenna or supporting apparatus, radio equipment housing or development ancillary to radio equipment housing constructed, installed, altered or replaced on a building in accordance with that permission must, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.

(2) Class C(a) development consisting of the installation of any additional apparatus on article 1(5) land is permitted subject to the condition that the apparatus must be installed as close as is reasonably practicable to any existing apparatus.

(3) Class C(b) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission must, at the expiry of the relevant period be removed from the land and the land restored to its condition before the development took place.

(4) Class C development—

(a) on article 1(5) land or land which is, or is within, a site of special scientific interest; or

(b) on any other land and consisting of the construction, installation, alteration or replacement of a mast; or of an antenna on a building or structure (other than a mast) where the antenna (including any supporting structure) would exceed the height of the building or structure at the point where it is installed or to be installed by 4 metres or more; or of radio equipment housing with a volume in excess of 2.5 cubic metres; or of development ancillary to radio equipment housing—

is permitted subject, except in case of emergency, to the conditions set out in C.5.

C.5— (1) The developer must, before commencing development, give notice of the proposed development to any person (other than the developer) who is an owner or tenant of the land to which the development relates—

(a) by serving the appropriate notice on every such person whose name and address is known to the developer; and

(b) where the developer has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement.

(2) Where the proposed development consists of the installation of a mast within 3 kilometres of the perimeter of an aerodrome, the developer shall, before commencing development, notify the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate.

Interpretation of Class C E+W

C.6   For the purposes of Class C—

“aerodrome operator” means the person who is for the time being responsible for the management of the aerodrome;

“development ancillary to radio equipment housing” means the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of the radio equipment housing;

“appropriate notice” means a notice signed and dated by or on behalf of the developer and containing—

(a)

the name of the developer;

(b)

the address or location of the proposed development;

(c)

a description of the proposed development (including its siting and appearance and the height of any mast);

“local advertisement” means by publication of the notice in a newspaper circulating in the locality in which the land to which the proposed development relates is situated;

“mast” means a radio mast or a radio tower;

“owner” means any person who is the estate owner in respect of the fee simple, or who is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired;

“relevant day” means—

(a)

7th June 2006; or

(b)

where apparatus is installed pursuant to planning permission granted on or after 7th June 2006, the date when that apparatus is finally installed pursuant to that permission,

whichever is later;

“relevant period” means a period which expires—

(a)

six months from the commencement of the construction, installation, alteration or replacement of any apparatus or structure permitted by Class C(a) or Class C(c) or from the commencement of the use permitted by Class C(b), as the case may be; or

(b)

when the need for such apparatus, structure or use ceases,

whichever occurs first; and

“tenant” means the tenant of an agricultural holding any part of which is comprised in the land to which the proposed development relates.]

[F91 PART 39 E+W TEMPORARY PROTECTION OF POULTRY AND OTHER CAPTIVE BIRDS

Textual Amendments

F91 Sch. 2 Pt. 39 added (W.) (22.3.2007) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2007 (S.I. 2007/952), arts. 1(1), 2(2)

Class A E+W

Permitted development E+W

A.   The erection of a building where that is necessary for the purpose of housing poultry or other captive birds to protect them from avian influenza.

Development not permitted E+W

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

(a) the development would affect a listed building or its setting;

(b) the height of the building would exceed 12 metres;

(c) where the development is within three kilometres of an aerodrome, the height of the building would exceed three metres;

(d) the area of ground which would be covered by the building would exceed 465 square metres;

(e) where development permitted by Class A is carried out more than once on land in the occupation of a particular person, the aggregate of the area of ground covered by any such development would exceed 465 square metres;

(f) where the development consists of the extension of a building, the area of ground covered by the building as extended would exceed the area of ground covered by the existing building by more than 50 per cent.

Conditions E+W

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

(a) the development shall not be used for any purpose other than to house poultry or other captive birds to protect them from avian influenza;

(b) the developer shall, as soon as practicable, and in any event no later than 14 days, after commencing development, serve the relevant notice on the local planning authority; and

(c) [F92 as soon as practicable on or after the relevant date]—

(i) any building permitted by Class A shall be removed from the land; and

(ii) the land shall be restored to its condition before the development took place, or restored to such other condition as may be agreed in writing between the local planning authority and the developer.

Textual Amendments

F92 Words in Sch. 2 Pt. 39 substituted (W.) (21.3.2008) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2008 (S.I. 2008/502), arts. 1(1), 2(2)(a)

Interpretation of Class A E+W

A.3.   For the purposes of Class A—

“approved body” means a body approved in accordance with Article 2(1)(c) of Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/EEC;

“avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;

“other captive bird” means a bird kept in captivity which is not poultry and includes a bird kept as a pet; for shows, races, exhibitions or competitions; for breeding; for sale; or for use by an approved body;

“poultry” means birds reared or kept in captivity for the production of meat or eggs for consumption, for the production of other products, for restocking supplies of game or for the purposes of any breeding programme for the production of such categories of birds;

“relevant date” means—

(a)

21 March [F93 2009]; or

(b)

the date on which the use of the building permitted by Class A ceases to be necessary for the purposes of protecting poultry or other captive birds from avian influenza,

whichever is the earlier;

“relevant notice” means a notice signed and dated by or on behalf of the developer and containing—

(a)

the name of the developer;

(b)

the address or location of the development (including a site plan and grid reference);

(c)

the name and address of the owner and occupier of the land on which the development is being carried out (if not the developer);

(d)

a description of the development (including the type of poultry or other captive birds to be protected); and

(e)

the date on which the development commenced.]

Textual Amendments

F93 Word in Sch. 2 Pt. 39 substituted (W.) (21.3.2008) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2008 (S.I. 2008/502), arts. 1(1), 2(2)(b)

[F94 PART 40 E+W INSTALLATION OF DOMESTIC MICROGENERATION EQUIPMENT

Textual Amendments

F94 Sch. 2 Pt. 40 substituted (W.) (18.6.2012) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2012 (S.I. 2012/1346), arts. 1(1), 2(3)

Class A E+W

Permitted development E+W

A.  The installation, alteration or replacement of solar PV or solar thermal equipment on—

(a) a dwellinghouse; or

(b) a building situated within the curtilage of a dwellinghouse.

Development not permitted E+W

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

(a) in the case of solar PV or solar thermal equipment installed on a wall or pitched roof—

(i) the solar PV or solar thermal equipment would protrude more than 20 centimetres beyond the plane of the wall or the roof slope when measured from the perpendicular with the external surface of the wall or roof slope; or

(ii) it would result in the highest part of the solar PV or solar thermal equipment being higher than the highest part of the roof (excluding any chimney);

(b) in the case of solar PV or solar thermal equipment installed on a flat roof—

(i) the solar PV or solar thermal equipment would be sited within 1 metre of the external edge of the roof; or

(ii) the solar PV or solar thermal equipment would protrude more than 1 metre above the plane of the roof;

(c) in the case of land within a conservation area or a World Heritage Site, the solar PV or solar thermal equipment would be installed—

(i) on a wall forming the principal or side elevation of the dwellinghouse and which fronts a highway; or

(ii) on a wall of a building within the curtilage of the dwellinghouse and which fronts a highway;

(d) the solar PV or solar thermal equipment would be installed on a building within the curtilage of the dwellinghouse if the dwellinghouse is a listed building; or

(e) the solar PV or solar thermal equipment would be installed on a site designated as a scheduled monument.

Conditions E+W

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

(a) solar PV or solar thermal equipment must, so far as practicable, be sited so as to minimise its effect on the external appearance of the building;

(b) solar PV or solar thermal equipment must, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and

(c) solar PV or solar thermal equipment no longer needed for or capable of microgeneration must be removed as soon as reasonably practicable.

Class B E+W

Permitted development E+W

B.  The installation, alteration or replacement of stand alone solar within the curtilage of a dwellinghouse.

Development not permitted E+W

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

(a) in the case of the installation of stand alone solar, it would result in the presence within the curtilage of more than one stand alone solar;

(b) any part of the stand alone solar—

(i) would exceed four metres in height;

(ii) would be installed within five metres of the boundary of the curtilage of the dwellinghouse and would—

(aa) exceed two metres in height; or

(bb) be installed within five metres of a highway;

(iii) would, in the case of land within a conservation area or a World Heritage Site, be installed so that it is between a highway which bounds the curtilage and the dwellinghouse; or

(iv) would be installed within the curtilage of a listed building; or

(c) the surface area of the solar panels forming part of the stand alone solar would exceed nine square metres or any dimension of its array (including any housing) would exceed three metres.

Conditions E+W

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

(a) stand alone solar must, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and

(b) stand alone solar which is no longer needed for or capable of microgeneration must be removed as soon as reasonably practicable.

Class C E+W

Permitted development E+W

C.  The installation, alteration or replacement of a ground source heat pump within the curtilage of a dwellinghouse.

Class D E+W

Permitted development E+W

D.  The installation, alteration or replacement of a water source heat pump within the curtilage of a dwellinghouse.

Class E E+W

Permitted development E+W

E.  The installation, alteration or replacement of a flue, forming part of a biomass heating system, on a dwellinghouse.

Development not permitted E+W

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

(a) the height of the flue would exceed the highest part of the roof by one metre or more; or

(b) in the case of land within a conservation area or a World Heritage Site, the flue would be installed on a wall or roof slope forming the principal or side elevation of the dwellinghouse and which fronts a highway.

Class F E+W

Permitted development E+W

F.  The installation, alteration or replacement of a flue, forming part of a combined heat and power system, on a dwellinghouse.

Development not permitted. E+W

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

(a) the height of the flue would exceed the highest part of the roof by one metre or more; or

(b) in the case of land within a conservation area or a World Heritage Site, the flue would be installed on a wall or roof slope forming the principal or side elevation of the dwellinghouse and which fronts a highway.

Class G E+W

Permitted development E+W

G.  The installation, alteration or replacement of an air source heat pump—

(a) on a dwellinghouse; or

(b) within the curtilage of a dwellinghouse, including on a building within that curtilage.

Development not permitted E+W

G.1   Development is not permitted by Class G unless the air source heat pump complies with the MCS Planning Standards or equivalent standards.

G.2   Development is not permitted by Class G if—

(a) in the case of the installation of an air source heat pump, it would result in the presence of more than one air source heat pump on the dwellinghouse or within the curtilage of the dwellinghouse;

(b) in the case of the installation of an air source heat pump, a stand alone wind turbine is installed within the curtilage of the dwellinghouse;

(c) the volume of the air source heat pump’s outdoor compressor unit (including any housing) would exceed one cubic metre;

(d) any part of the air source heat pump would be installed within three metres of the boundary of the curtilage of the dwellinghouse;

(e) the air source heat pump would be installed on a pitched roof;

(f) the air source heat pump would be installed on a flat roof where it would be sited within one metre of the external edge of that roof;

(g) the air source heat pump would be installed within the curtilage of the dwellinghouse if the dwellinghouse is a listed building;

(h) the air source heat pump would be installed on a site designated as a scheduled monument; or

(i) the air source heat pump would be installed on a wall or roof which fronts a highway.

Conditions E+W

G.3   Development is permitted by Class G subject to the following conditions—

(a) the air source heat pump must be used solely for heating purposes;

(b) the air source heat pump must, so far as practicable, be sited so as to minimise its effect on the external appearance of the building;

(c) the air source heat pump must, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and

(d) the air source heat pump when no longer needed for or capable of microgeneration must be removed as soon as reasonably practicable.

Class H E+W

Permitted development E+W

H.  The installation, alteration or replacement of a stand alone wind turbine within the curtilage of a dwellinghouse.

Development not permitted E+W

H.1   Development is not permitted by Class H unless the stand alone wind turbine complies with the MCS Planning Standards or equivalent standards.

H.2   Development is not permitted by Class H if—

(a) in the case of the installation of a stand alone wind turbine, it would result in the presence of more than one stand alone wind turbine within the curtilage of the dwellinghouse;

(b) in the case of the installation of a stand alone wind turbine, an air source heat pump is installed on the dwellinghouse or within the curtilage of the dwellinghouse;

(c) the highest part of the stand alone wind turbine (including blades) would exceed 11.1 metres in height;

(d) the distance between ground level and the lowest part of any blade of the stand alone wind turbine would be less than 5 metres;

(e) any part of the stand alone wind turbine (including blades but excluding guy lines) would be located in a position which is less than a distance equivalent to the overall height (including blades) of the stand alone wind turbine plus 10 % of its height when measured from any point along the boundary of the curtilage;

(f) the swept area of the blades of the stand alone wind turbine exceeds 9.6 square metres;

(g) the stand alone wind turbine would be installed on safeguarded land;

(h) the stand alone wind turbine would be installed within the curtilage of a listed building;

(i) the stand alone wind turbine would be installed on a site designated as a scheduled monument;

(j) in the case of land within a conservation area, the stand alone wind turbine would be installed so that it is visible from a highway which bounds the curtilage of the dwellinghouse; or

(k) the stand alone wind turbine would be installed on land which is within an area of outstanding natural beauty, a World Heritage Site or a site of special scientific interest.

Conditions E+W

H.3   Development is permitted by Class H subject to the following conditions—

(a) the blades of the stand alone wind turbine must be made of non-reflective materials;

(b) the stand alone wind turbine must, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and

(c) the stand alone wind turbine when no longer needed for or capable of microgeneration must be removed as soon as reasonably practicable.

Class I E+W

Permitted Development E+W

I.  The temporary installation of an anemometry mast within the curtilage of a dwellinghouse.

Development not permitted E+W

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

(a) it would result in the presence of more than one anemometry mast within the curtilage of the dwellinghouse;

(b) a stand alone wind turbine is installed within the curtilage of the dwellinghouse;

(c) an air source heat pump is installed on the dwellinghouse or within the curtilage of the dwellinghouse;

(d) the highest part of the anemometry mast (including apparatus fitted to the mast) would exceed 11.1 metres in height;

(e) any part of the anemometry mast (including apparatus fitted to the mast but excluding guy lines) would be located in a position which is less than a distance equivalent to the overall height (including apparatus fitted to the mast) of the anemometry mast plus 10 % of its height when measured from any point along the boundary of the curtilage;

(f) the anemometry mast would be installed on safeguarded land;

(g) the anemometry mast would be installed within the curtilage of a listed building;

(h) the anemometry mast would be installed on a site designated as a scheduled monument;

(i) in the case of land within a conservation area, the anemometry mast would be installed so that it is visible from a highway which bounds the curtilage of the dwellinghouse;

(j) the anemometry mast would be installed on land which is within an area of outstanding natural beauty, a World Heritage Site or a site of special scientific interest; or

(k) an anemometry mast has been installed within the curtilage of the dwellinghouse within the preceding 5 years.

Conditions E+W

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

(a) the anemometry mast must, so far as practicable, be sited so as to minimise its effect on the amenity of the area;

(b) the developer must, within 7 days of commencing development, notify the local planning authority in writing of the development and its location; and

(c) on or before the expiry of a period of twelve months beginning with the date on which the development began, the anemometry mast must be removed.

Interpretation of Part 40 E+W

J.   For the purposes of Part 40—

“aerodrome”—

(a)

means any area of land or water designed, equipped, set apart, or commonly used for affording facilities for the landing and departure of aircraft; and

(b)

includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically; but

(c)

does not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;

“anemometry mast” means a mast installed for the purpose of measuring wind speeds and directions;

“dwellinghouse” includes a building which consists wholly of flats or which is used for the purposes of a dwellinghouse;

“microgeneration” has the same meaning as in section 82(6) of the Energy Act 2004;

“MSC Planning Standards” means the product and installation standards for air source heat pumps and wind turbines specified in Microgeneration Certification Scheme MCS 020;

“safeguarded land” means land which—

(a)

is necessary to be safeguarded for aviation or defence purposes; and

(b)

has been notified as such, in writing, to the Secretary of State by an aerodrome operator, NATS (EN ROUTE) PLC or the Secretary of State for Defence for the purposes of this Part;

“stand alone solar” means solar PV or solar thermal equipment which is not installed on a building;

“Stand alone wind turbine” means a wind turbine which is not fixed to a building.]

[F95 PART 41 E+W OFFICE BUILDINGS

Textual Amendments

F95 Sch. 2 Pts. 41, 42 inserted (W.) (28.4.2014) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2014 (S.I. 2014/592), arts. 1(1), 2(5)

Class A E+W

Permitted development E+W

A.  A. The extension or alteration of an office building.

Development not permitted E+W

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

(a) the gross floor space of the original building would be exceeded by more than—

(i) 25%; or

(ii) 50 square metres,

whichever is the lesser;

(b) the height of the building as extended would exceed—

(i) if within 10 metres of a boundary of the curtilage of the premises, 5 metres; or

(ii) in all other cases, the height of the building being extended;

(c) any part of the development would be within 5 metres of any boundary of the curtilage of the premises;

(d) the development would be on article 1(5) land;

(e) the development would be on land within a World Heritage Site;

(f) the development would be within the curtilage of a listed building; or

(g) the development would lead to a reduction in the space available for the parking or turning of vehicles.

Conditions E+W

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

(a) any office building as extended or altered may only be used as part of, or for a purpose incidental to, the use of that office building;

(b) any office building as extended or altered must be constructed using materials which have a similar external appearance to those used for the building being extended or altered; and

(c) any alteration is at ground floor level only.

Interpretation of Class A E+W

A.3.   For the purposes of Class A where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement.

Class B E+W

Permitted Development E+W

B.  The erection or construction of a refuse or cycle store within the curtilage of an office building.

Development not permitted E+W

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

(a) the gross floor space of the building or enclosure would exceed 20 square metres;

(b) any part of the building or enclosure erected would be within;

(i) 5 metres of any boundary of the curtilage of the premises; or

(ii) 20 metres of any building used for residential purposes;

(c) the height of the building or enclosure would exceed 2.5 metres;

(d) the development would be on article 1(5) land;

(e) the development would be on land within a World Heritage Site;

(f) the development would be within the curtilage of a listed building; or

(g) the development would lead to a reduction in the space available for the parking and turning of vehicles.

Condition E+W

B.2.   Development is permitted by Class B subject to the condition that the building or enclosure is only used for the storage of refuse or bicycles.

Interpretation of Class B E+W

B.3.   For the purposes of Class B—

“cycle store” means a building or enclosure designed to be used for the storage of bicycles;

“refuse store” means a building or enclosure designed to be used for the storage of refuse which may include recycling; and

“residential purposes” means a building used for any purpose within Part C of the Schedule to the Use Classes Order, as a hostel or as a flat and includes buildings used in part for residential purposes and in part for other purposes.

Interpretation of Part 41 E+W

C.   For the purposes of Part 41 “office building” means a building used for any purpose within Class B1(a) of the Schedule to the Use Classes Order.]

[F95 PART 42 E+W SHOPS, [F96 FOOD AND DRINK ESTABLISHMENTS AND] FINANCIAL OR PROFESSIONAL SERVICES ESTABLISHMENTS

Textual Amendments

F96 Words in Sch. 2 Pt. 42 heading inserted (W.) (30.4.2021) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (Wales) Order 2021 (S.I. 2021/386), arts. 1(1), 4(1)

Class A E+W

Permitted development E+W

A.  A. The extension or alteration of a shop or financial or professional services establishment.

Development not permitted E+W

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

(a) the gross floor space of the original building would be exceeded by more than—

(i) 25%; or

(ii) 50 square metres;

whichever is the lesser.

(b) the height of the building as extended would exceed 4 metres;

(c) any part of the development, other than an alteration, would be within 2 metres of any boundary of the curtilage of the premises;

(d) the development would be within the curtilage of a listed building;

(e) the development would be on article 1(5) land;

(f) the development would be on land within a World Heritage Site;

(g) the development would consist of or include the construction or provision of a veranda, balcony or raised platform;

(h) any part of the development would extend beyond an existing shop front;

(i) the development would involve the insertion or creation of a new shop front or the alteration or replacement of an existing shop front;

(j) the development would involve the installation or replacement of a security grill or shutter on a shop front; or

(k) the development would lead to a reduction in the space available for the parking or turning of vehicles.

Conditions E+W

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

(a) any alteration is at ground floor level only; and

(b) any extension or alteration may only be used as part of, or for a purpose incidental to, the use of the shop or financial or professional services establishment.

Interpretation of Class A E+W

A.3.   For the purposes of Class A—

(a) where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement;

(b) “raised platform” means a platform with a height greater than 30 centimetres; and

(c) “shop or financial or professional services establishment” means a building used for any purpose within Classes A1 or A2 of the Schedule to the Use Classes Order and includes buildings with other uses in other parts as long as the other uses are not within the parts being altered or extended.

Class B E+W

Permitted development E+W

B.  The erection or construction of a trolley store within the curtilage of a shop.

Development not permitted E+W

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

(a) the gross floor space of the building or enclosure erected would exceed 20 square metres;

(b) any part of the building or enclosure erected would be within 20 metres of any building used for residential purposes;

(c) the height of the building or enclosure would exceed 2.5 metres;

(d) the development would be within the curtilage of a listed building;

(e) the development would be on article 1(5) land;

(f) the development would be on land within a World Heritage Site;

(g) the development would be within 5 metres of the boundary of the curtilage of the premises; or

(h) the development would lead to a reduction in the space available for the parking or turning of vehicles.

Condition E+W

B.2.   Development is permitted by Class B subject to the condition that the building or enclosure is only used for the storage of shopping trolleys.

Interpretation of Class B E+W

B.3.   For the purposes of Class B—

“residential purposes” means a building used for any purpose within Part C of the Schedule to the Use Classes Order, as a hostel or as a flat and includes buildings used in part for residential purposes and in part for other purposes;

“shop” means a building used for any purpose within Class A1 of the Schedule to the Use Classes Order; and

“trolley store” means a building or enclosure designed to be used for the storage of shopping trolleys.

Class C E+W

Permitted Development E+W

C.  C. The erection or construction of a refuse or cycle store within the curtilage of a shop or financial or professional services establishment.

Development not permitted E+W

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

(a) the gross floor space of the building or enclosure would exceed 20 square metres;

(b) any part of the building or enclosure erected would be within;

(i) 5 metres of the boundary of the curtilage of the premises; or

(ii) 20 metres of any building used for residential purposes;

(c) the height of the building or enclosure would exceed 2.5 metres;

(d) the development would be on article 1(5) land;

(e) the development would be on land within a World Heritage Site;

(f) the development would be within the curtilage of a listed building; or

(g) the development would lead to a reduction in the space available for the parking and turning of vehicles.

Condition E+W

C.2.   Development is permitted by Class C subject to the condition that the building or enclosure is only used for the storage of refuse or bicycles.

Interpretation of Class C E+W

C.3.   For the purposes of Class C—

“cycle store” means a building or enclosure designed to be used for the storage of bicycles;

“refuse store” means a building or enclosure designed to be used for the storage of refuse which may include recycling;

“residential purposes” means a building used for any purpose within Part C of the Schedule to the Use Classes Order, as a hostel or as a flat and includes buildings used in part for residential purposes and in part for other purposes; and

“shop or financial or professional services establishment” means a building used for any purpose within Classes A1 or A2 of the Schedule to the Use Classes Order.

[F97 Class D E+W Hospitality uses – awnings

Textual Amendments

F97 Sch. 2 Pt. 42 Class D inserted (W.) (30.4.2021) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (Wales) Order 2021 (S.I. 2021/386), arts. 1(1), 4(2)

Permitted Development E+W

D.   The installation of an awning over the frontage of premises falling within Class A3 (food and drink) of Schedule 1 to the Use Classes Order.

Development not permitted E+W

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

(a) the land is within the curtilage of a listed building;

(b) the land is located on article 1(5) land or within a World Heritage Site;

(c) an awning would constitute an advertisement.

Conditions E+W

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

(a) the awning must be fully retractable;

(b) the awning must be fully retracted between 10 pm and 8 am;

(c) the awning must not have—

(i) any means of support from the public highway;

(ii) any side or front panels extending towards the ground;

(d) where an awning extends over a highway, permission must have been obtained from the relevant council under section 115E of the Highways Act 1980 for—

(i) the installation of an awning;

(ii) any connected use of the highway under Class F of Part 4A of this Schedule;

(e) where permission has been given under section 115E for any connected use of the highway under Class F of Part 4A of this Schedule, an awning must not project beyond the part of the highway for which permission has been given for that connected use;

(f) the erection of the awning must be completed within the relevant period.

Interpretation of Class D E+W

D.3.   For the purposes of Class D “the relevant period” means the period beginning on 30 April 2021 and ending on 29 April 2022.]]

[F98 PART 43 E+W [F99 Installation of non-domestic energy generation equipment]

Textual Amendments

F98 Sch. 2 Pt. 43 inserted (W.) (5.10.2012) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 (S.I. 2012/2318), arts. 1(1), 4, Sch.

F99 Sch. 2 Pt. 43 heading substituted (W.) (1.4.2019) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 7(2)

EQUIPMENT E+W

Class A E+W

Permitted development E+W

A.  The installation, alteration or replacement of solar PV or solar thermal equipment on a building other than a dwellinghouse or a block of flats.

Development not permitted E+W

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

(a) the solar PV or solar thermal equipment would be installed on a wall or pitched roof and would protrude more than 20 centimetres beyond the plane of the wall or the roof slope when measured from the perpendicular with the external surface of the wall or roof slope;

(b) the solar PV or solar thermal equipment would be installed on a flat roof and would protrude more than 1 metre above the plane of the roof;

(c) the solar PV or solar thermal equipment would be installed on a roof and within 1 metre of the external edge of the roof;

(d) the solar PV or solar thermal equipment would be installed on a wall and within 1 metre of a junction of that wall with another wall or with the roof of the building;

(e) in the case of a building on article 1(5) land or on land within a World Heritage Site, the solar PV or solar thermal equipment would be installed on a wall or roof slope which fronts a highway;

(f) the solar PV or solar thermal equipment would be installed on a building within the curtilage of a listed building; F100 ...

(g) the solar PV or solar thermal equipment would be installed on a site designated as a scheduled monument[F101 ; or

(h) the solar PV or solar thermal equipment would be installed on a building within three kilometres of the perimeter of an airport or aerodrome.]

Textual Amendments

F100 Word in Sch. 2 Pt. 43 para. A.1(f) omitted (W.) (1.4.2019) by virtue of The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 7(3)

F101 Sch. 2 Pt. 43 para. A.1(h) and word inserted (1.4.2019) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 7(3)

Conditions E+W

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

(a) solar PV or solar thermal equipment must, so far as practicable, be sited so as to minimise its effect on the external appearance of the building;

(b) solar PV or solar thermal equipment must, so far as practicable, be sited so as to minimise its effect on the amenity of the area; F102 ...

[F103 (ba) solar PV or solar thermal equipment must, so far as practicable, be sited so as to minimise any impacts from glint or glare; and]

(c) solar PV or solar thermal equipment no longer needed for or [F104 capable of generation] must be removed as soon as reasonably practicable.

Textual Amendments

F102 Word in Sch. 2 Pt. 43Class A para. A.2(b) omitted (W.) (1.4.2019) by virtue of The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 7(4)(a)

F103 Sch. 2 Pt. 43 Class A para. A.2(ba) inserted (W.) (1.4.2019) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 7(4)(b)

F104 Words in Sch. 2 Pt. 43 Class A para. A.2(c) substituted (W.) (1.4.2019) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 7(4)(c)

Class B E+W

Permitted development E+W

B.  The installation, alteration or replacement of stand alone solar within the curtilage of a building other than a dwellinghouse or a block of flats.

Development not permitted E+W

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

(a) in the case of the installation of stand alone solar, it would result in the presence within the curtilage of more than one stand alone solar;

(b) any part of the stand alone solar—

(i) would exceed 4 metres in height;

(ii) would, if installed on article 1(5) land or on land within a World Heritage Site, be installed so that it is visible from a highway which bounds the curtilage;

(iii) would be installed within 5 metres of the boundary of the curtilage;

(iv) would be installed within the curtilage of a listed building; or

(v) would be installed on a site designated as a scheduled monument; F105 ...

(c) the surface area of the solar panels forming part of the stand alone solar would exceed 9 square metres or any dimension of its array (including any housing) would exceed 3 metres [F106 ; or

(d) the stand alone solar would be installed within three kilometres of the perimeter of an airport or aerodrome.]

Textual Amendments

F105 Word in Sch. 2 Pt. 43 Class B para. B.1(b)(v) omitted (W.) (1.4.2019) by virtue of The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 7(5)

F106 Sch. 2 Pt. 43 Class B para. B.1(d) and word inserted (W.) (1.4.2019) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 7(5)

Conditions E+W

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

(a) stand alone solar must, so far as practicable, be sited so as to minimise its effect on the amenity of the area; F107 ...

[F108 (aa) stand alone solar must, so far as practicable, be sited so as to minimise any impacts from glint or glare; and ]

(b) stand alone solar which is no longer needed for or [F109 capable of generation] must be removed as soon as reasonably practicable.

Textual Amendments

F107 Word in Sch. 2 Pt. 43 Class B para. B.2(a) omitted (W.) (1.4.2019) by virtue of The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 7(6)(a)

F108 Sch. 2 Pt. 43 Class B para. B.2(aa) inserted (W.) (1.4.2019) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 7(6)(b)

F109 Words in Sch. 2 Pt. 43 Class B para. B.2(b) substituted (W.) (1.4.2019) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 7(6)(c)

Class C E+W

Permitted development E+W

C.  The installation, alteration or replacement of a ground source heat pump within the curtilage of a building other than a dwellinghouse or a block of flats.

Development not permitted E+W

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

(a) in the case of the installation of a ground source heat pump, it would result in the presence within the curtilage of more than one ground source heat pump;

(b) the total area covered by the excavation to accommodate the ground source heat pump (including any pipes) exceeds 0.5 hectares;

(c) the ground source heat pump would be installed within the curtilage of a listed building; F110 ...

(d) the ground source heat pump would be installed on a site designated as a scheduled monument [F111 ; or

(e) the capacity of the ground source heat pump exceeds 45 kilowatts thermal.]

Textual Amendments

F110 Word in Sch. 2 Pt. 43 Class C para. C.1(c) omitted (W.) (1.4.2019) by virtue of The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 7(7)

F111 Sch. 2 Pt. 43 Class C para. C.1(e) and word inserted (W.) (1.4.2019) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 7(7)

Conditions E+W

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

(a) on the completion of the development the land must be restored, as soon as reasonably practicable, to its condition before the development took place, or to such condition as may have been agreed in writing between the local planning authority and the developer; and

(b) the ground source heat pump when no longer needed for or capable of microgeneration must be removed and the land must be restored, as soon as reasonably practicable, to its condition before the development took place, or to such condition as may have been agreed in writing between the local planning authority and the developer.

Class D E+W

Permitted development E+W

D.  The installation, alteration or replacement of a water source heat pump within the curtilage of a building other than a dwellinghouse or a block of flats.

Development not permitted E+W

[F112 D.1   Development is not permitted by Class D if—

(a) the total area covered by the water source heat pump (including any pipes) exceeds 0.5 hectares; or

(b) the capacity of the water source heat pump exceeds 45 kilowatts thermal.]

Textual Amendments

F112 Sch. 2 Pt. 43 Class D para. D.1 substituted (W.) (1.4.2019) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 7(8)

Class E E+W

Permitted development E+W

E.  The installation, alteration or replacement of a flue, forming part of a biomass heating system, on a building other than—

(a) a dwellinghouse or a block of flats; or

(b) a building situated within the curtilage of a dwellinghouse or a block of flats.

Development not permitted E+W

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

(a) the capacity of the system that the flue would serve exceeds 45 kilowatts thermal;

(b) the height of the flue would exceed either—

(i) the highest part of the roof by 1 metre or more, or

(ii) the height of an existing flue which is being replaced,

whichever is the highest;

(c) the installation of the flue would result in the installation on the same building of more than one flue forming part of either a biomass heating system or a combined heat and power system;

(d) the flue would be installed within the curtilage of a listed building;

(e) the flue would be installed on a site designated as a scheduled monument; or

(f) in the case of a building on article 1(5) land or on land within a World Heritage Site, the flue would be installed on a wall or roof slope which fronts a highway.

Class F E+W

Permitted development E+W

F.  The installation, alteration or replacement of a flue, forming part of a combined heat and power system, on a building other than—

(a) a dwellinghouse or a block of flats; or

(b) a building situated within the curtilage of a dwellinghouse or a block of flats.

Development not permitted E+W

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

(a) the capacity of the system that the flue would serve exceeds 45 kilowatts thermal;

(b) the height of the flue would exceed either—

(i) the highest part of the roof by 1 metre or more, or

(ii) the height of an existing flue which is being replaced,

whichever is the highest;

(c) the installation of the flue would result in the installation on the same building of more than one flue forming part of either a biomass heating system or a combined heat and power system;

(d) the flue would be installed within the curtilage of a listed building;

(e) the flue would be installed on a site designated as a scheduled monument; or

(f) in the case of a building on article 1(5) land or on land within a World Heritage Site, the flue would be installed on a wall or roof slope which fronts a highway.

Interpretation of Part 43 E+W

G.   For the purposes of Part 43—

[F113 “aerodrome” does not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;]

[F113 “airport” has the meaning given by section 66 of the Civil Aviation Act 2012;]

“block of flats” means a building which consists wholly of flats;

“microgeneration” has the same meaning as in section 82(6) of the Energy Act 2004;

“stand alone solar” means solar PV or solar thermal equipment which is not installed on a building; and

“water source heat pump” means a heat pump where the collecting medium is water.]]

Textual Amendments

F113 Words in Sch. 2 Pt. 43 Class F para. G inserted (W.) (1.4.2019) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019 (S.I. 2019/330), arts. 1(2), 7(9)