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

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) in relation to permitted development rights, in England, for the installation of certain microgeneration equipment. Where permitted development rights apply, no specific application for planning permission is required.

Articles 2 and 3 amend Parts 6 and 7 (agricultural and forestry buildings and operations) of Schedule 2 to clarify that permitted development rights apply to buildings on agricultural or forestry land to house microgeneration equipment, and in particular to house hydro turbines, to house biomass boilers and anaerobic digestion systems, and to store associated waste and fuel, as long as the fuel or waste is produced on the agriculture or forestry land or by the boiler or system.

Article 4 amends Part 40 of Schedule 2 to clarify the meaning of “MSC Planning Standards” in relation to the installation of domestic microgeneration equipment.

Article 5 and the Schedule to this Order insert a new Part 43 of Schedule 2 to the Order. The new Part 43 confers permitted development rights for the installation of specified types of microgeneration equipment on or within the curtilage of buildings other than dwellinghouses or blocks of flats subject to certain criteria. It introduces six new classes of permitted development rights to install certain types of microgeration equipment, specifically solar panels (Class A), stand alone solars (Class B), ground source heat pumps (Class C), water source heat pumps (Class D), biomass heating system flues (Class E), and combined heat and power system flues (Class F).

An impact assessment has been prepared in relation to this Order. The assessment has been placed in the Library of each House of Parliament and copies may be obtained from the Department for Communities and Local Government, Bressenden Place, London, SW1E 5DU (Telephone 0303 44 41729).

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