The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends, in England, the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) (“the 1995 Order”).

Article 3 amends article 1 of the 1995 Order to insert a definition of article 1(6A) land. It also inserts a new Part 4 into Schedule 1 to the 1995 Order which provides a list of article 1(6A) land. The new permitted development right in class J of Part 3 of Schedule 2 to the 1995 Order (inserted by article 6(2) of this Order) does not apply in relation to any building on article 1(6A) land.

Article 4 amends Part 1 of Schedule 2 to the 1995 Order to allow larger home extensions to be built until 30th May 2016. This temporary permitted development right is subject to a new procedure. Before beginning the development the person relying on the right must notify the local planning authority. The authority will then notify neighbouring properties. If neighbours object to the proposed development the authority must consider whether the extension should be approved. The development may not be started until the authority has notified the person of their decision or until the expiry of 42 days without such a decision being notified.

Article 5 amends Class A of Part 2 of Schedule 2 to the 1995 Order to allow schools to build a higher boundary fence or wall adjacent to a highway, provided it does not create an obstruction which is likely to be a danger for highway users. “School” is defined to include buildings which qualify for the right to change temporarily to use as a state-funded school under new Class C of Part 4 of Schedule 2 (see article 7 of this Order), from the date the local planning authority is notified by the relevant Minister that the site has been approved for temporary school use.

Article 6 amends Part 3 of Schedule 2 to the 1995 Order as follows. Article 6(1) amends Class B of Part 3 to increase the size of floor space in business premises which may change use from use classes B1 or B2 in the Schedule to the Town and Country Planning (Use Classes) Order 1987 (S.I. 1987/764) (“the Use Classes Order”) to use class B8, or from use classes B2 or B8 to use class B1, from 235 square metres to 500 square metres.

Article 6(2) inserts new Class J into Part 3 (changes of use). The new permitted development right is temporary, will expire on 30th May 2016, and does not apply on land in certain areas. Those areas are certain military sites, safety hazard areas and areas described as article 1(6A) land and are defined in article 1(6A) of, and Part 4 of Schedule 1 to, the 1995 Order (inserted by article 3 of this Order). The new permitted development right is subject to the conditions in paragraph J.2 – this requires prior approval of the local planning authority in relation to transport and highways, contamination and flooding. Paragraph N sets out the procedure for applying for approval.

Article 6(2) also inserts new Class K into Part 3 (changes of use). This new permitted development right enables various types of building to change use to use as a state-funded school, subject to the approval of the local planning authority regarding transport and highways, noise impacts and contamination, and Class L allows reversion to the previous use.

Article 6(2) also inserts new Class M into Part 3 (changes of use). This new permitted development right allows existing agricultural buildings to change use to a flexible use falling within use class A1, A2, A3, B1, B8, C1 or D2 in the Schedule to the Use Classes Order. To qualify the building must have been in agricultural use since 3rd July 2012 or if the use began later than that date, for a period of at least 10 years. No more than 500 square metres of floor space in the building can be converted to a new use under the new right. Before beginning the development the person relying on the right must notify the local planning authority. If the change of use relates to more than 150 square metres of floor space the new permitted development right is subject to prior approval of the local planning authority in relation to transport and highways, noise impacts, contamination and flooding. Paragraph N sets out the procedure for applying for approval.

Article 6(2) also inserts, a new paragraph N into Part 3 (change of use), which is a new provision setting out the procedure to be followed where a developer is required to apply to the local planning authority for prior approval under Part 3. The procedure is similar to the existing procedures for other prior approvals under Schedule 2 to the 1995 Order.

Article 6(2) also inserts a new interpretation provision at paragraph O of Part 3 (change of use).

Article 7 amends Part 4 of Schedule 2 to the 1995 Order as follows. Article 7 inserts a new class C into Part 4 which is a temporary permitted development right allowing any building being used for a purpose which falls within one of the use classes set out in the Schedule to the Use Classes Order to change to use as a state-funded school for a single period of one academic year, provided the building has been approved for school use by the relevant Minister, the Secretary of State responsible for schools.

Article 7 also inserts a new class D into Part 4 of Schedule 2 to the 1995 Order which is a new permitted development right allowing any building within use classes A1, A2, A3, A4, A5, B1, D1 and D2 in the Schedule to the Use Classes Order to change to a flexible use falling within either use class A1, A2, A3 or B1. The new use may only be for a single continuous period of up to 2 years. The change of use may only relate to a floor space of no more than 150 square metres.

Article 8 amends Part 8 of Schedule 2 to the 1995 Order to increase the permitted development right to erect, extend or alter industrial and warehouse premises from 25% of gross floor space or 100 square metres (whichever is the lesser) to 50% or 200 square metres. The new permitted development right is temporary and will expire on 30th May 2016.

Article 9 amends Part 24 of Schedule 2 to the 1995 Order which sets out permitted development rights in relation to developments by electronic communications code operators. Article 9 provides that, in relation to article 1(5) land, the construction, installation or replacement of telegraph poles, cabinets or lines for fixed-line broadband services will not require prior approval under paragraph A.3 of Part 24 for a 5 year period. In order to rely on this change to the permitted development rights, development must be completed before 30th May 2018.

Article 10 amends Part 32 of Schedule 2 to the 1995 Order to give buildings which qualify for the right to change temporarily to school use under new Class C of Part 4 of Schedule 2 (see article 7) the benefit of existing permitted development rights which allow schools to carry out building works (including the erection, extension or alteration of buildings and the provision of hard surfaces) subject to various conditions and limitations. This will apply from the date the local planning authority is notified by the relevant Minister that the site has been approved for school use.

Article 11 amends Part 41 of Schedule 2 to the 1995 Order to increase the permitted development right to extend or alter an office building from 25% of gross floor space or 50 square metres (whichever is the lesser) to 50% or 100 square metres. The new permitted development right is temporary and will expire on 30th May 2016.

Article 12 amends Part 42 of Schedule 2 to the 1995 Order to increase the permitted development right to extend or alter a shop, catering, professional or financial services establishment from 25% of gross floor space or 50 square metres (whichever is the lesser) to 50% or 100 square metres. The new permitted development right is temporary and will expire on 30th May 2016. The exclusion of development within 2 metres of the boundary of the curtilage is removed during the same period except in relation to premises which adjoin land or buildings in residential use.

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 or from the Department’s website:

https://www.gov.uk/government/organisations/department-for-communities-and-local-government.