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

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Class B Development on units of less than 5 hectares

B.    Permitted development

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.

B.1    Development not permitted

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; or

(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.

Development is not permitted by Class B(a) if—

(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.

Development is not permitted by Class B(b) if—

(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.

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.

B.5    Conditions

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.

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—

(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.

Development is permitted by Class B(f) subject to the following conditions—

(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.

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