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Statutory Instruments

2015 No. 596

Town And Country Planning, England

The Town and Country Planning (General Permitted Development) (England) Order 2015

Made

18th March 2015

Laid before Parliament

24th March 2015

Coming into force

15th April 2015

The Secretary of State, in exercise of the powers conferred by sections 59, 60, 61, 74 and 333(7) of the Town and Country Planning Act 1990 M1 and section 54 of the Coal Industry Act 1994 M2, makes the following Order:

Modifications etc. (not altering text)

Marginal Citations

M11990 c. 8. Section 59 was amended by section 1 of, and Schedule 1 to, the Growth and Infrastructure Act 2013 (c. 27); section 60 was amended by section 4(1) of the Growth and Infrastructure Act 2013; section 74 was amended by section 121 of, and Schedule 12 to, the Localism Act 2011 (c. 20), sections 19(1) and 32 of, and Schedule 7 to, the Planning and Compensation Act 1991 (c. 34) and section 344 of the Greater London Authority Act 1999 (c. 29).

M21994 c. 21, to which there is an amendment not relevant to this Order.

Citation, commencement and applicationE+W

1.—(1) This Order may be cited as the Town and Country Planning (General Permitted Development) (England) Order 2015 and comes into force on 15th April 2015.

(2) This Order applies to all land in England, but where land is the subject of a special development order, whether made before or after the commencement of this Order, this Order applies to that land only to such extent and subject to such modifications as may be specified in the special development order.

(3) Nothing in this Order applies to any permission which is deemed to be granted under section 222 of the Act (planning permission not needed for advertisements complying with regulations).

InterpretationE+W

2.—(1) In this Order—

the 1960 Act” means the Caravan Sites and Control of Development Act 1960 M3;

the Act” means the Town and Country Planning Act 1990;

adjoining owner or occupier” means any owner or occupier of any premises or land adjoining the site;

aerodrome” means an aerodrome as defined in [F1paragraph 1 of Schedule 1 to the Air Navigation Order 2016] which is—

(a)

licensed under that Order,

(b)

a Government aerodrome,

(c)

one at which the manufacture, repair or maintenance of aircraft is carried out by a person carrying on business as a manufacturer or repairer of aircraft,

(d)

one used by aircraft engaged in the public transport of passengers or cargo or in aerial work, or

(e)

one identified to the Civil Aviation Authority before 1st March 1986 for inclusion in the UK Aerodrome Index,

and, for the purposes of this definition, the terms “aerial work”, “Government aerodrome” and “public transport” have the meanings given in [F2paragraph 1 of Schedule 1 to that Order];

aqueduct” does not include an underground conduit;

area of outstanding natural beauty” means an area designated as such by an order made by Natural England under section 82 of the Countryside and Rights of Way Act 2000 (designation of areas) M4 as confirmed by the Secretary of State;

“building”—

(a)

includes any structure or erection and, except in Class F of Part 2, [F3Classes P and PA of Part 3,] Class B of Part 11, Classes A to I of Part 14, Classes A, B and C of Part 16 [F4, Class T of Part 19 and Class ZA of Part 20], of Schedule 2, includes any part of a building; and

(b)

does not include plant or machinery and, in Schedule 2, except in Class F of Part 2 and Class C of Part 11, does not include any gate, fence, wall or other means of enclosure;

caravan” has the same meaning as for the purposes of Part 1 of the 1960 Act (caravan sites) M5;

caravan site” means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed;

classified road” means a highway or proposed highway which—

(a)

is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980 (general provision as to principal and classified roads) M6; or

(b)

is classified by the Secretary of State for the purposes of any enactment by virtue of section 12(3) of that Act;

cubic content” means the cubic content of a structure or building measured externally;

[F5“dwellinghouse”, except in Part 3 (changes of use), [F6Class B (demolition of buildings) of Part 11 (heritage and demolition),] Part 12A (development by local authorities and health service bodies) and Part 20 (construction of new dwellinghouses) of Schedule 2 to this Order, does not include a building containing one or more flats, or a flat contained within such a building;]

electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 M7;

erection”, in relation to buildings, includes extension, alteration, or re-erection;

existing”, in relation to any building or any plant or machinery or any use, means (except in the definition of “original”) existing immediately before the carrying out, in relation to that building, plant, machinery or use, of development described in this Order;

“flat”, except [F7in Part 20 (construction of new dwellinghouses) of Schedule 2 to this Order or] in the expression “flat roof”, means a separate and self-contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;

“Flood Zone 1”, “Flood Zone 2” and “Flood Zone 3” have the meaning given in Schedule 4 to the Procedure Order;

floor space” means the total floor space in a building or buildings;

industrial process” means a process for or incidental to any of the following purposes—

(a)

the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);

(b)

the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or

(c)

the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine;

land drainage” has the same meaning as in section 116 of the Land Drainage Act 1976 (interpretation) M8;

listed building” has the same meaning as in section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (listing of buildings of special architectural or historic interest) M9;

local advertisement” means publication of the notice in at least one newspaper circulating in the locality in which—

(a)

in the case of a direction, the area or, as the case may be, the whole or relevant part of the conservation area to which the direction relates is situated; and

(b)

in any other case, the land to which the proposed development relates is situated;

machinery” includes any structure or erection in the nature of machinery;

microwave” means that part of the radio spectrum above 1,000 MHz;

microwave antenna” means a satellite antenna or a terrestrial microwave antenna;

[F8“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 Secretary of State in exercise of powers conferred by article 31(1) of the Procedure Order (or any previous powers to the like effect);]

mine” means any site on which mining operations are carried out;

mining operations” means the winning and working of minerals in, on or under land, whether by surface or underground working;

“network” and “operator”, for the purposes of Part 3 and 4 of Schedule 2, have the same meaning as in Part 1 of the Railways Act 1993 (the provision of railway services) M10;

notifiable pipe-line” means a major accident hazard pipeline (as described in regulation 18 of the Pipelines Safety Regulations 1996 M11) but does not include a pipeline the construction of which has been authorised under section 1 of the Pipe-lines Act 1962 M12;

operational Crown building” means a building which is operational Crown land;

operational Crown land” means—

(a)

Crown land M13 which is used for operational purposes; and

(b)

Crown land which is held for those purposes,

but does not include—

(i)

land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or held, for operational purposes;

(ii)

Crown land—

(aa)

belonging to Her Majesty in right of the Crown and forming part of the Crown Estate;

(bb)

in which there is an interest belonging to Her Majesty in right of Her private estates;

(cc)

in which there is an interest belonging to Her Majesty in right of the Duchy of Lancaster; or

(dd)

belonging to the Duchy of Cornwall;

operational purposes” means the purposes of carrying on the functions of the Crown or of either House of Parliament;

original” means—

(a)

in relation to a building, other than a building which is Crown land, existing on 1st July 1948, as existing on that date;

(b)

in relation to a building, other than a building which is Crown land, built on or after 1st July 1948, as so built;

(c)

in relation to a building which is Crown land on 7th June 2006, as existing on that date; and

(d)

in relation to a building built on or after 7th June 2006 which is Crown land on the date of its completion, as so built;

plant” includes any structure or erection in the nature of plant;

private way” means a highway not maintainable at the public expense and any other way other than a highway;

Procedure Order” means the Town and Country Planning (Development Management Procedure) (England) Order 2015 M14;

proposed highway” has the same meaning as in section 329 of the Highways Act 1980 (further provision as to interpretation) M15;

[F9“public holiday” means Christmas Day, Good Friday or a day which under the Banking and Financial Dealings Act 1971 is a bank holiday in England];

public service vehicle” means—

(a)

a public service vehicle within the meaning of section 1 of the Public Passenger Vehicles Act 1981 (definition of public service vehicles) M16, or

(b)

a tramcar or trolley vehicle within the meaning of section 192(1) of the Road Traffic Act 1988 (general interpretation) M17;

[F10“railway undertakers” has the same meaning as in section 329 of the Highways Act 1980 (further provision as to interpretation);]

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

(a)

by the Health and Safety Executive for the purposes of paragraph (e) 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 (f) of that Table;

satellite antenna” means apparatus designed for transmitting microwave radio energy to satellites or receiving it from them, and includes any mountings or brackets attached to such apparatus;

scheduled monument” has the same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments) M18;

site display” means the posting of the notice by firmly attaching it to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;

site of archaeological interest” means land which—

(a)

is included in the schedule of monuments compiled by the Secretary of State under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments);

(b)

is within an area of land which is designated as an area of archaeological importance under section 33 of that Act (designation of areas of archaeological importance) M19, or

(c)

is within a site registered in any record adopted by resolution by a county council and known as the County Sites and Monuments Record;

site of special scientific interest” means land to which section 28(1) of the Wildlife and Countryside Act 1981 (sites of special scientific interest, notification of additional land and enlargement of SSSI) M20 applies;

statutory undertaker” includes, in addition to any person mentioned in section 262(1) of the Act (meaning of statutory undertakers) M21

(a)

a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011 M22) in connection with the provision of a universal postal service (within the meaning of that Part) M23;

(b)

the Civil Aviation Authority;

(c)

a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 M24 (air traffic services);

(d)

the Environment Agency M25;

(e)

any water undertaker;

(f)

any gas transporter; and

(g)

any licence holder under section 6 of the Electricity Act 1989 M26;

terrestrial microwave antenna” means apparatus designed for transmitting or receiving terrestrial microwave radio energy between two fixed points;

[F11“transport undertakers” includes, in addition to the meaning of transport undertaker in section 329 of the Highways Act 1980 (further provision as to interpretation), any person authorised to carry on—

(a)

a road transport undertaking; or

(b)

a tramway undertaking.]

trunk road” means a highway or proposed highway which is a trunk road by virtue of section 10(1) or 19 of the Highways Act 1980 (general provision as to trunk roads, and certain special roads and other highways to become trunk roads) M27 or any other enactment or any instrument made under any enactment;

the Use Classes Order” means the Town and Country Planning (Use Classes) Order 1987 M28; and

World Heritage Site” means a property appearing on the World Heritage List kept under article 11(2) of the UNESCO Convention for the Protection of the World Cultural and Natural Heritage adopted at Paris on 16th November 1972 M29.

(2) Unless the context otherwise requires, any reference in this Order to the height of a building or of plant or machinery is to be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph “ground level” means the level of the surface of the ground immediately adjacent to the building or plant or machinery 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.

(3) The land referred to elsewhere in this Order as article 2(3) land is the land described in Part 1 of Schedule 1 to this Order (National Parks, areas of outstanding natural beauty and conservation areas etc).

(4) The land referred to elsewhere in this Order as article 2(4) land is the land described in Part 2 of Schedule 1 to this Order (National Parks and adjoining land and the Broads).

F12(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Paragraphs (7) to (11) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in this Order or in any Schedule to this Order to give or send any statement, notice or other document to any other person (“the recipient”).

(7) The requirement referred to in paragraph (6) is taken to be fulfilled where the notice or other document transmitted by means of the electronic communication is—

(a)capable of being accessed by the recipient,

(b)legible in all material respects, and

(c)sufficiently permanent to be used for subsequent reference.

(8) In paragraph (7), “legible in all material respects” means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

[F13(9) Where the electronic communication is received by the recipient outside the recipient’s business hours, it is taken to have been received on the next working day; and for this purpose “working day” means a day which is not a Saturday, Sunday or public holiday.]

(10) A requirement in this Order or in any Schedule to this Order that any document should be in writing is fulfilled where that document meets the criteria in paragraph (7), and “written” and related expressions are to be construed accordingly.

(11) References in this Order or in any Schedule to this Order to plans, drawings, notices or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.

(12) For the purposes of this Order, development carried out by or on behalf of any person in whom control of accommodation in any part of the Palace of Westminster or its precincts is vested is treated (so far as it would not otherwise be treated) as development by or on behalf of the Crown.

Textual Amendments

F9Words in art. 2(1) inserted (coming into force in accordance with art. 1(6) of the amending S.I.) by The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018 (S.I. 2018/119), art. 25(a)

F13Art. 2(9) substituted (coming into force in accordance with art. 1(6) of the amending S.I.) by The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018 (S.I. 2018/119), art. 25(b)

Marginal Citations

M42000 c. 37. Section 82 was amended by Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16). There is another amendment not relevant to this Order.

M5See in particular section 29, to which there are amendments not relevant to this Order.

M72000 c. 7. Section 15 was amended by Schedule 17 to the Communications Act 2003 (c. 21).

M81976 c. 70, to which there are amendments not relevant to this Order.

M91990 c. 9. Section 1 was amended by Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24).

M101993 c. 43; see in particular sections 6 and 83. Relevant amendments to section 6 were made by S.I. 1998/1340 and 2005/3050.

M121962 c. 58. Section 1 was amended by sections 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48), Schedule 2 to the Planning Act 2008 (c. 29) and S.I. 1999/742 and 2007/1519.

M13See section 293 of the Act for the definition of Crown land.

M15There are amendments to section 329 not relevant to this Order.

M161981 c. 14. Section 1 was amended by Schedule 8 to the Transport Act 1985 (c. 67).

M171988 c. 52. The definition of “trolley vehicle” was amended by Schedule 4 to the Road Traffic Act 1991 (c. 40).

M181979 c. 46. Section 1 was amended by Schedule 4 to the National Heritage Act 1983 (c. 47), and modified by section 70 of, and Schedule 9 to, the Environment Act 1995 (c. 25).

M191979 c. 46. Section 33 was amended by Schedule 4 to the National Heritage Act 1983 (c. 47) and Schedule 2 to the Local Government Act 1985 (c. 51), and modified by section 70 of, and Schedule 9 to, the Environment Act 1995 (c. 25).

M201981 c. 69. Section 28 was substituted, and sections 28B and 28C were inserted, by Schedule 9 to the Countryside and Rights of Way Act 2000 (c. 37). Sections 28(1), 28B(1) and 28C(1) are amended by Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16), and section 28(1) was further amended by Schedule 13 to the Marine and Coastal Access Act 2009 (c. 23).

M21Section 262 was amended by Schedule 19 to the Planning and Compensation Act 1991 (c. 34), Schedule 5 to the Transport Act 2000 (c. 38) and S.I. 2001/1149 and 2013/755, and modified by sections 31 and 76 of the Utilities Act 2000 (c. 27).

M222011 c. 5. See in particular sections 35 and 65 of the Act.

M23See in particular sections 30 to 33 and 65 of the Postal Services Act 2011.

M25A body established under section 1 of the Environment Act 1995 (c. 25).

M261989 c. 29. Section 6 was substituted by section 30 of the Utilities Act 2000, and amended by sections 89, 136, 143, 145 and 197 of, and Schedule 23 to, the Energy Act 2004 (c. 20), Schedule 8 to the Climate Change Act 2008 (c. 27), Schedule 1 to the Energy Act 2011 (c. 16) and S.I. 2011/2704 and 2012/2400.

M271980 c. 66; section 10 was amended by section 22 of the New Roads and Street Works Act 1991 (c. 22) and Schedule 2 to the Planning Act 2008 (c. 29); section 19 was amended by section 21 of the New Roads and Street Works Act 1991.

M28S.I. 1987/764, relevant amendments are made by S.I. 1991/1567, 1992/610, 1992/657, 1994/724, 1995/297, 1999/293, 2005/84, 2006/220, 2006/1282, 2010/653, 2010/675, 2011/988 and 2015/597.

M29See http:/whc.unesco.org/en/list

Permitted developmentE+W

3.—(1) Subject to the provisions of this Order and [F14regulations 75 to 78 of the Conservation of Habitats and Species Regulations 2017] (general development orders), planning permission is hereby granted for the classes of development described as permitted development in Schedule 2.

(2) Any permission granted by paragraph (1) is subject to any relevant exception, limitation or condition specified in Schedule 2.

(3) References in this Order to permission granted by Schedule 2 or by any Part, Class or paragraph of that Schedule are references to the permission granted by this article in relation to development described in that Schedule or that provision of that Schedule.

(4) Nothing in this Order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part 3 of the Act otherwise than by this Order.

(5) The permission granted by Schedule 2 does not apply if—

(a)in the case of permission granted in connection with an existing building, the building operations involved in the construction of that building are unlawful;

(b)in the case of permission granted in connection with an existing use, that use is unlawful.

(6) The permission granted by Schedule 2 does not, except in relation to development permitted by Classes A, B, D and E of Part 9 and Class A of Part 18 of that Schedule, authorise any development which requires or involves the formation, laying out or material widening of a means of access to an existing highway which is a trunk road or classified road, or creates an obstruction to the view of persons using any highway used by vehicular traffic, so as to be likely to cause danger to such persons.

(7) Any development falling within Class A of Part 18 of Schedule 2 authorised by an Act or order subject to the grant of any consent or approval is not to be treated for the purposes of this Order as authorised unless and until that consent or approval is obtained, except where the Act was passed or the order made after 1st July 1948 and it contains provision to the contrary.

(8) Schedule 2 does not grant permission for the laying or construction of a notifiable pipe-line, except in the case of the laying or construction of a notifiable pipe-line by a gas transporter in accordance with Class A of Part 15 of that Schedule.

(9) Except as provided in Classes B and C of Part 11, Schedule 2 does not permit any development which requires or involves the demolition of a building, but in this paragraph “building” does not include part of a building.

[F15(9A) Schedule 2 does not grant permission for, or authorise any development of, any new dwellinghouse—

(a)where the gross internal floor area is less than 37 square metres in size; or

(b)that does not comply with the nationally described space standard issued by the Department for Communities and Local Government on 27th March 2015.

(9B) The reference in paragraph (9A) to the nationally described space standard is to that standard read together with the notes dated 19th May 2016 which apply to it.]

(10) Subject to paragraph (12), Schedule 1 development or Schedule 2 development within the meaning of [F16the Town and Country Planning (Environmental Impact Assessment) Regulations 2017] (“the EIA Regulations”) is not permitted by this Order unless—

(a)the local planning authority has adopted a screening opinion under [F17regulation 6] of those Regulations that the development is not EIA development [F18within the meaning of those Regulations];

(b)the Secretary of State has made a screening direction under [F19regulation 5(3)] of those Regulations that the development is not EIA development [F18within the meaning of those Regulations]; or

(c)the Secretary of State has given a direction under [F20regulation 63(1)] of those Regulations that the development is exempted from the application of those Regulations.

(11) Where—

(a)the local planning authority has adopted a screening opinion under [F21regulation 6] of the EIA Regulations that development is EIA development [F22within the meaning of those Regulations] and the Secretary of State has in relation to that development neither made a screening direction to the contrary under [F23regulation 5(3)] of those Regulations nor directed under [F24regulation 63(1)] of those Regulations that the development is exempted from the application of those Regulations; or

(b)the Secretary of State has directed that development is EIA development [F25within the meaning of those Regulations],

that development is treated, for the purposes of paragraph (10), as development which is not permitted by this Order.

(12) Paragraph (10) does not apply to—

(a)development which consists of the carrying out by a drainage body, within the meaning of the Land Drainage Act 1991 M30, of improvement works within the meaning of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 M31;

(b)development for which permission is granted by Class E of Part 6, Class K of Part 7, Class B of Part 12, Class A(a) of Part 15, Class D, E or I of Part 17 or Class A of Part 18 of Schedule 2;

(c)development for which permission is granted by Class F, H or K of Part 17 of Schedule 2 where the land in, on or under which the development is to be carried out is—

(i)in the case of Class F of Part 17, on the same authorised site,

(ii)in the case of Class H of Part 17, on the same premises or, as the case may be, the same ancillary mining land,

(iii)in the case of Class K of Part 17, on the same land or, as the case may be, on land adjoining that land,

as that in, on or under which development of any description permitted by the same Class has been carried out before 14th March 1999;

(d)the completion of any development begun before 14th March 1999;

(e)development for which permission is granted by Class B of Part 9 of Schedule 2.

(13) Where a person uses electronic communications for making any application required to be made under any of Part of Schedule 2, that person is taken to have agreed—

(a)to the use of electronic communications for all purposes relating to that person's application which are capable of being effected using such communications;

(b)that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, that person's application; and

(c)that the deemed agreement under this paragraph subsists until that person gives notice in writing revoking the agreement (and such revocation is final and takes effect on a date specified by the person but not less than 7 days after the date on which the notice is given).

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

M301991 c. 59. See section 72 for the definition of “drainage body”, was amended by Schedule 22 to the Environment Act 1995 (c. 25); there is another amendment which is not relevant to this Order.

M31S.I. 1999/1783. See regulation 2 for the definition of “improvement works”; the definition was amended by S.I. 2005/1399. There are other amendments not relevant to this Order.

Directions restricting permitted developmentE+W

4.—(1) If the Secretary of State or the local planning authority is satisfied that it is expedient that development described in any Part, Class or paragraph in Schedule 2, other than [F26Class DA of Part 4 or] Class K [F27, KA] or M of Part 17, should not be carried out unless permission is granted for it on an application, the Secretary of State or (as the case may be) the local planning authority, may make a direction under this paragraph that the permission granted by article 3 does not apply to—

(a)all or any development of the Part, Class or paragraph in question in an area specified in the direction; or

(b)any particular development, falling within that Part, Class or paragraph, which is specified in the direction,

and the direction must specify that it is made under this paragraph.

(2) A direction under paragraph (1) does not affect the carrying out of—

(a)development permitted by any Class in Schedule 2 which is expressed to be subject to prior approval where, in relation to that development, the prior approval date occurs before the date on which the direction comes into force and the development is completed within a period of 3 years starting with the prior approval date;

(b)development permitted by Class B of Part 9 of Schedule 2;

(c)development mentioned in Class A of Part 16 of Schedule 2, unless the direction specifically so provides;

(d)development permitted by Class A of Part 18 of Schedule 2 authorised by an Act passed after 1st July 1948 or by an order requiring the approval of both Houses of Parliament approved after that date;

(e)development permitted by Class Q, R, S or T of Part 19 of Schedule 2;

(f)development permitted under Schedule 2 in an emergency.

(3) A direction made or having effect as if made under this article does not, unless the direction so provides, affect the carrying out by a statutory undertaker of the following descriptions of development—

(a)the maintenance of bridges, buildings and railway stations;

(b)the alteration and maintenance of railway track, and the provision and maintenance of track equipment, including signal boxes, signalling apparatus and other appliances and works required in connection with the movement of traffic by rail;

(c)the maintenance of docks, harbours, quays, wharves, canals and towing paths;

(d)the provision and maintenance of mechanical apparatus or appliances (including signalling equipment) required for the purposes of shipping or in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, quay, harbour, bank, wharf or basin;

(e)any development required in connection with the improvement, maintenance or repair of watercourses or drainage works;

(f)the maintenance of buildings, runways, taxiways or aprons at an aerodrome; or

(g)the provision, alteration and maintenance of equipment, apparatus and works at an aerodrome, required in connection with the movement of traffic by air (other than buildings, the construction, erection, reconstruction or alteration of which is permitted by Class F of Part 8 of Schedule 2).

(4) The procedures which must be followed in making, modifying or cancelling any direction made under article 4(1) are set out in Schedule 3.

(5) In this article and in Schedule 3—

local planning authority” means the local planning authority whose function it would be to determine an application for planning permission for the development to which the direction relates or is proposed to relate; and

prior approval date” means the date on which—

(a)

prior approval is given;

(b)

a determination that such approval is not required is given, or

(c)

any period for giving such a determination has expired without the applicant being notified whether prior approval is required, given or refused.

Directions restricting certain minerals permitted developmentE+W

5.—(1) If, on receipt of a notification from any person proposing to carry out development within Class K [F28, KA] or M of Part 17 of Schedule 2, a mineral planning authority M32 are satisfied as mentioned in paragraph (2), they may, within a period of 21 days beginning with the receipt of the notification, direct that the permission granted by article 3 does not apply to the development, or to such part of the development as is specified in the direction.

(2) The mineral planning authority may make a direction under this article if they are satisfied that it is expedient that the development, or any part of it, should not be carried out unless permission for it is granted on an application because—

(a)the land on which the development is to be carried out is within—

(i)a National Park;

(ii)an area of outstanding natural beauty;

(iii)a site of archaeological interest, and the operation to be carried out is not one described in the Schedule to the Areas of Archaeological Importance (Notification of Operations) (Exemption) Order 1984 (exempt operations) M33;

(iv)a site of special scientific interest; or

(v)the Broads;

[F29(aa)in the case of development otherwise permitted under Class KA, the land on which the development is to be carried out is within a protected groundwater source area (as defined in Class JA of Part 17 of Schedule 2);]

(b)the development, either taken by itself or taken in conjunction with other development which is already being carried out in the area or in respect of which notification has been given under the provisions of Class K [F30, KA] or M of Part 17 of Schedule 2 would cause serious detriment to the amenity of the area in which it is to be carried out or would adversely affect the setting of a Grade I listed building;

(c)the development would constitute a serious nuisance to the inhabitants of a nearby residential building, hospital or school; or

(d)the development would endanger aircraft using a nearby aerodrome.

(3) A direction made under this article must contain a statement as to the day on which (if it is not disallowed under paragraph (5)) it comes into force, which must be 29 days from the date on which notice of it is sent to the Secretary of State in accordance with paragraph (4).

(4) As soon as is reasonably practicable a copy of a direction under this article must be sent by the mineral planning authority to the Secretary of State and to the person who gave notice of the proposal to carry out development.

(5) The Secretary of State may, at any time within a period of 28 days beginning with the date on which the direction is made, disallow the direction; and immediately upon receipt of notice in writing from the Secretary of State disallowing the direction, the mineral planning authority must give notice in writing, to the person who gave notice of the proposal, stating that the person is authorised to proceed with the development.

Directions: generalE+W

6.  Any power conferred by this Order to give a direction includes power to cancel or vary the direction by a subsequent direction.

Prior approval applications: time periods for decisionE+W

7.  Where, in relation to development permitted by any Class in Schedule 2 which is expressed to be subject to prior approval, an application has been made to a local planning authority for such approval or a determination as to whether such approval is required, the decision in relation to the application must be made by the authority—

(a)within the period specified in the relevant provision of Schedule 2,

(b)where no period is specified, within a period of 8 weeks beginning with the day immediately following that on which the application is received by the authority, or

[F31(c)within such longer period than is referred to in paragraph (a) or (b) as may be agreed by the applicant and the authority in writing.]

[F32Prior approval applications: modified procedure in relation to call-in of applicationsE+W

7ZA.(1) This article applies where the Secretary of State is considering exercising the power under section 77(1) of the Act (reference of applications to Secretary of State) in relation to a prior approval application.

(2) Where this article applies, the Secretary of State must give notice in writing (“the pause notice”) to the relevant local planning authority stating that the Secretary of State is considering exercising the power.

(3) Where the Secretary of State decides not to exercise the power the Secretary of State must give notice in writing to the local planning authority to that effect (“the release notice”).

(4) Subject to paragraph (5), the local planning authority must take no further action in relation to that prior approval application from the date it receives the pause notice until the day after the date on which—

(a)it receives the release notice; or

(b)the Secretary of State makes a direction under section 77(1) of the Act in relation to the application (“the call-in direction”).

(5) Where the local planning authority has not satisfied a consultation and notification provision at the date it receives the pause notice—

(a)such provision continues to apply to the local planning authority whether or not the Secretary of State makes a call-in direction in relation to the prior approval application in question; and

(b)the local planning authority must inform the Secretary of State as soon as they have satisfied that provision.

(6) Where the Secretary of State gives a pause notice, the period—

(a)beginning with the day after the date on which the Secretary of State gives the pause notice; and

(b)ending on the day after the date on which the Secretary of State gives the release notice,

shall not be counted for the purpose of calculating any time period for decision under article 7.

(7) Where the Secretary of State makes a call-in direction in relation to a prior approval application the provisions of Schedule 2 (except a consultation and notification provision) apply to such an application as if the references to a local planning authority were to the Secretary of State.

(8) Where the Secretary of State makes a call-in direction in relation to a prior approval application any deemed prior approval provision shall have no effect in relation to such an application.

(9) In this article—

“consultation and notification provision” means a provision in Schedule 2 in relation to a prior approval application which requires the local planning authority to—

(a)

give notice of a proposed development;

(b)

consult in relation to a proposed development; and/or

(c)

give notice to consultees;

“deemed prior approval provision” means a provision in Schedule 2 in reliance on which, after the expiry of a time period for decision under article 7 where the application has not been determined, development may begin; and

“prior approval application” has the same meaning as in section 69A(2) of the Act.]

[F33ReviewE+W

7A.(1) The Secretary of State must from time to time—

(a)carry out a review of [F34articles 1 to 7ZA];

(b)set out the conclusions of the review in a report; and

(c)publish the report.

(2) The report must in particular—

(a)set out the objectives intended to be achieved by the regulatory system established by those articles;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) The first report under this article must be published before the end of the period of five years beginning with 6th April 2016.

(4) Reports under this article are afterwards to be published at intervals not exceeding five years.]

Revocations and savingE+W

8.—(1) Subject to paragraph (2), the statutory instruments specified in Schedule 4 are revoked insofar as they apply to England.

(2) For the purposes only of development specified in article 6(2) of the Amending Order, the Town and Country Planning (General Permitted Development) Order 1995, in the form in which it existed immediately before the coming into force of the Amending Order, continues to apply in relation to that development.

(3) The saving provision in paragraph (2) ceases to have effect at the end of the 3 year period beginning with the day on which this Order comes into force.

(4) In this article, “the Amending Order” means the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015 M34.

Marginal Citations

Signed by authority of the Secretary of State for Communities and Local Government

Brandon Lewis

Minister of State

Department for Communities and Local Government

Article 2(3) to (5)

SCHEDULE 1E+W

PART 1 E+WArticle 2(3) land

1.  Land within—E+W

(a)an area designated as a conservation area under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (designation of conservation areas);

(b)an area of outstanding natural beauty;

(c)an area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981 (enhancement and protection of the natural beauty and amenity of the countryside) M35;

(d)the Broads;

(e)a National Park; and

(f)a World Heritage Site.

Marginal Citations

M351981 c. 69. Section 41 was amended by sections 20 and 24 of, and Schedules 3 and 4 to, the Agriculture Act 1986 (c. 49), Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (c. 4), Schedule 10 to the Environment Act 1995 (c. 25) and Schedules 11 and 12 to the Natural Environment and Rural Communities Act 2006 (c. 16). There are other amendments not relevant to this Order.

PART 2 E+WArticle 2(4) land

2.—(1) Land within the following areas—E+W

(a)a National Park;

(b)the Broads; or

(c)land outside the boundaries of a National Park which is within the parishes listed in sub-paragraph (2).

(2) The parishes are—

(a)in the district of Allerdale—

Blindcrake, Bothel and Threapland, Bridekirk, Brigham, Broughton, Broughton Moor, Camerton, Crosscanonby, Dean, Dearham, Gilcrux, Great Clifton, Greysouthen, Little Clifton, Loweswater, Oughterside and Allerby, Papcastle, Plumbland, Seaton, Winscales;

(b)in the borough of Copeland—

Arlecdon and Frizington, Cleator Moor, Distington, Drigg and Carleton, Egremont, Gosforth, Haile, Irton with Santon, Lamplugh, Lowca, Lowside Quarter, Millom, Millom Without, Moresby, Parton, Ponsonby, St Bees, St Bridget's Beckermet, St John's Beckermet, Seascale, Weddicar;

(c)in the district of Eden—

Ainstable, Asby, Bandleyside, Bolton, Brough, Brough Sowerby, Brougham, Castle Sowerby, Catterlen, Clifton, Cliburn, Crackenthorpe, Crosby Garrett, Crosby Ravensworth, Culgaith, Dacre, Dufton, Glassonby, Great Salkeld, Great Strickland, Greystoke, Hartley, Hesket, Hillbeck, Hunsonby, Hutton, Kaber, Kings Meaburn, Kirkby Stephen, Kirby Thore, Kirkoswald, Langwathby, Lazonby, Little Strickland, Long Marton, Lowther, Mallerstang, Milburn, Morland, Mungrisdale, Murton, Musgrave, Nateby, Newbiggin, Newby, Orton, Ousby, Ravenstonedale, Shap, Skelton, Sleagill, Sockbridge and Tirril, Soulby, Stainmore, Tebay, Temple Sowerby, Thrimby, Waitby, Warcop, Wharton, Winton, Yanwath and Eamont Bridge;

(d)in the borough of High Peak—

Chapel-en-le-Frith, Charlesworth, Chinley Buxworth and Brownside, Chisworth, Green Fairfield, Hartington Upper Quarter, Hayfield, King Sterndale, Tintwistle, Wormhill;

(e)in the district of South Lakeland—

Aldingham, Angerton, Arnside, Barbon, Beetham, Blawith and Subberthwaite, Broughton West, Burton, Casterton, Docker, Egton-with-Newland, Fawcett Forest, Firbank, Grayrigg, Helsington, Heversham, Hincaster, Holme, Hutton Roof, Killington, Kirkby Ireleth, Kirkby Lonsdale, Lambrigg, Levens, Lower Allithwaite, Lower Holker, Lowick, Lupton, Mansergh, Mansriggs, Middleton, Milnthorpe, Natland, New Hutton, Old Hutton and Holmescales, Osmotherley, Pennington, Preston Patrick, Preston Richard, Scalthwaiterigg, Sedgwick, Skelsmergh, Stainton, Strickland Ketel, Strickland Roger, Urswick, Whinfell, Whitwell and Selside;

(f)in the district of West Derbyshire—

Aldwark, Birchover, Stanton.

F35PART 3E+WArticle 2(5) land

F353.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F354.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Article 3

SCHEDULE 2E+WPermitted development rights

PART 1E+WDevelopment within the curtilage of a dwellinghouse

Class A – enlargement, improvement or other alteration of a dwellinghouseE+W

Permitted DevelopmentE+W

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

Development not permittedE+W

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

(a)permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class [F36G,] M, [F37MA,] N, P [F38, PA] or Q of Part 3 of this Schedule (changes of use);

(b)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);

(c)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;

(d)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;

(e)the enlarged part of the dwellinghouse would extend beyond a wall which—

(i)forms the principal elevation of the original dwellinghouse; or

(ii)fronts a highway and forms a side elevation of the original dwellinghouse;

(f)subject to paragraph (g), the enlarged part of the dwellinghouse would have a single storey and—

(i)extend beyond the rear wall of the original dwellinghouse by more than 4 metres in the case of a detached dwellinghouse, or 3 metres in the case of any other dwellinghouse, or

(ii)exceed 4 metres in height;

(g)F39...for a dwellinghouse not on article 2(3) land nor on a site of special scientific interest, the enlarged part of the dwellinghouse would have a single storey and—

(i)extend beyond the rear wall of the original dwellinghouse by more than 8 metres in the case of a detached dwellinghouse, or 6 metres in the case of any other dwellinghouse, or

(ii)exceed 4 metres in height;

(h)the enlarged part of the dwellinghouse would have more than a single storey and—

(i)extend beyond the rear wall of the original dwellinghouse by more than 3 metres, or

[F40(ii)be within 7 metres of any boundary of the curtilage of the dwellinghouse being enlarged which is opposite the rear wall of that dwellinghouse;]

(i)the enlarged part of the dwellinghouse would be within 2 metres of the boundary of the curtilage of the dwellinghouse, and the height of the eaves of the enlarged part would exceed 3 metres;

(j)the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse, and would—

(i)exceed 4 metres in height,

(ii)have more than a single storey, or

(iii)have a width greater than half the width of the original dwellinghouse; F41...

[F42(ja)any total enlargement (being the enlarged part together with any existing enlargement of the original dwellinghouse to which it will be joined) exceeds or would exceed the limits set out in sub-paragraphs (e) to (j);]

(k)it would consist of or include—

(i)the construction or provision of a verandah, balcony or raised platform,

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

(iii)the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or

(iv)an alteration to any part of the roof of the dwellinghouse [F43; or]

[F44(l)the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).]

Textual Amendments

A.2  In the case of a dwellinghouse on article 2(3) land, development is not permitted by Class A if—E+W

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

(b)the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse; or

(c)the enlarged part of the dwellinghouse would have more than a single storey and extend beyond the rear wall of the original dwellinghouse;

[F45(d)any total enlargement (being the enlarged part together with any existing enlargement of the original dwellinghouse to which it will be joined) exceeds or would exceed the limits set out in sub-paragraphs (b) and (c).]

Textual Amendments

ConditionsE+W

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

(a)the materials used in any exterior work (other than materials used in the construction of a conservatory) must be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse;

(b)any upper-floor window located in a wall or roof slope forming a side elevation of the dwellinghouse must be—

(i)obscure-glazed, and

(ii)non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed; and

[F46(c)where the enlarged part of the dwellinghouse has more than a single storey, or forms an upper storey on an existing enlargement of the original dwellinghouse, the roof pitch of the enlarged part must, so far as practicable, be the same as the roof pitch of the original dwellinghouse.]

Textual Amendments

A.4—(1) The following conditions apply to development permitted by Class A which exceeds the limits in paragraph A.1(f) but is allowed by paragraph A.1(g).E+W

(2) Before beginning the development the developer must provide the following information to the local planning authority—

(a)a written description of the proposed development including—

(i)how far the enlarged part of the dwellinghouse extends beyond the rear wall of the original dwellinghouse;

(ii)the maximum height of the enlarged part of the dwellinghouse; and

(iii)the height of the eaves of the enlarged part of the dwellinghouse;

[F47(iv)where the enlarged part will be joined to an existing enlargement of the dwellinghouse, the information in sub-paragraphs (i) to (iii) must be provided in respect of the total enlargement (being the enlarged part together with the existing enlargement to which it will be joined);]

(b)a plan indicating the site and showing the proposed development [F48and any existing enlargement of the original dwellinghouse to which the enlarged part will be joined];

(c)the addresses of any adjoining premises;

(d)the developer's contact address; and

(e)the developer's email address if the developer is content to receive communications electronically,

[F49together with any fee required to be paid.]

(3) The local planning authority may refuse an application where, in the opinion of the authority—

(a)the proposed development does not comply with, or

(b)the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with,

the conditions, limitations or restrictions applicable to development permitted by Class A which exceeds the limits in paragraph A.1(f) but is allowed by paragraph A.1(g).

(4) Sub-paragraphs (5) to (7) and (9) do not apply where a local planning authority refuses an application under sub-paragraph (3) and for the purposes of section 78 (appeals) of the Act such a refusal is to be treated as a refusal of an application for approval.

(5) The local planning authority must notify each adjoining owner or occupier about the proposed development by serving on them a notice which—

[F50(a)describes the development by setting out the information provided to the authority by the developer under paragraph A.4(2)(a);]

(b)provides the address of the proposed development;

(c)specifies the date when the information referred to in sub-paragraph (2) was received by the local planning authority and the date when the period referred to in sub-paragraph (10)(c) would expire; and

(d)specifies the date (being not less than 21 days from the date of the notice) by which representations are to be received by the local planning authority.

(6) The local planning authority must send a copy of the notice referred to in sub-paragraph (5) to the developer.

(7) Where any owner or occupier of any adjoining premises objects to the proposed development, the prior approval of the local planning authority is required as to the impact of the proposed development on the amenity of any adjoining premises.

(8) The local planning authority may require the developer to submit such further information regarding the proposed development as the authority may reasonably require in order to determine the application.

(9) The local planning authority must, when considering the impact referred to in sub-paragraph (7)—

(a)take into account any representations made as a result of the notice given under sub-paragraph (5); and

(b)consider the amenity of all adjoining premises, not just adjoining premises which are the subject of representations.

(10) The development must not begin before the occurrence of one of the following—

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

(b)the receipt by the developer from the local planning authority of a written notice giving their prior approval; or

(c)the expiry of 42 days following the date on which the information referred to in sub-paragraph (2) was received by the local planning authority without the local planning authority notifying the developer as to whether prior approval is given or refused.

(11) The development must be carried out—

(a)where prior approval is required, in accordance with the details approved by the local planning authority;

(b)where prior approval is not required, or where sub-paragraph (10)(c) applies, in accordance with the information provided under sub-paragraph (2),

unless the local planning authority and the developer agree otherwise in writing.

(12) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the impact of the proposed development on the amenity of any adjoining premises.

F51(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F52(16) When computing the number of days in sub-paragraph (5)(d), any day which is a public holiday must be disregarded.]

[F53Class AA - enlargement of a dwellinghouse by construction of additional storeysE+W

Permitted developmentE+W

AA.  The enlargement of a dwellinghouse consisting of the construction of—

(a)up to two additional storeys, where the existing dwellinghouse consists of two or more storeys; or

(b)one additional storey, where the existing dwellinghouse consists of one storey,

immediately above the topmost storey of the dwellinghouse, together with any engineering operations reasonably necessary for the purpose of that construction.

Development not permittedE+W

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

(a)permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class [F54G,] M, [F55MA,] N, O, P, PA or Q of Part 3 of this Schedule (changes of use);

(b)the dwellinghouse is located on—

(i)article 2(3) land; or

(ii)a site of special scientific interest;

(c)the dwellinghouse was constructed before 1st July 1948 or after 28th October 2018;

(d)the existing dwellinghouse has been enlarged by the addition of one or more storeys above the original dwellinghouse, whether in reliance on the permission granted by Class AA or otherwise;

(e)following the development the height of the highest part of the roof of the dwellinghouse would exceed 18 metres;

(f)following the development the height of the highest part of the roof of the dwellinghouse would exceed the height of the highest part of the roof of the existing dwellinghouse by more than—

(i)3.5 metres, where the existing dwellinghouse consists of one storey; or

(ii)7 metres, where the existing dwellinghouse consists of more than one storey;

(g)the dwellinghouse is not detached and following the development the height of the highest part of its roof would exceed by more than 3.5 metres—

(i)in the case of a semi-detached house, the height of the highest part of the roof of the building with which it shares a party wall (or, as the case may be, which has a main wall adjoining its main wall); or

(ii)in the case of a terrace house, the height of the highest part of the roof of every other building in the row in which it is situated;

(h)the floor to ceiling height of any additional storey, measured internally, would exceed the lower of—

(i)3 metres; or

(ii)the floor to ceiling height, measured internally, of any storey of the principal part of the existing dwellinghouse;

(i)any additional storey is constructed other than on the principal part of the dwellinghouse;

(j)the development would include the provision of visible support structures on or attached to the exterior of the dwellinghouse upon completion of the development; or

(k)the development would include any engineering operations other than works within the curtilage of the dwellinghouse to strengthen its existing walls or existing foundations.

ConditionsE+W

AA.2.(1) Development is permitted by Class AA subject to the conditions set out in sub-paragraphs (2) and (3).

(2) The conditions in this sub-paragraph are as follows—

(a)the materials used in any exterior work must be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse;

(b)the development must not include a window in any wall or roof slope forming a side elevation of the dwelling house;

(c)the roof pitch of the principal part of the dwellinghouse following the development must be the same as the roof pitch of the existing dwellinghouse; and

(d)following the development, the dwellinghouse must be used as a dwellinghouse within the meaning of Class C3 of the Schedule to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use as a dwellinghouse.

(3) The conditions in this sub-paragraph are as follows—

(a)before beginning the development, the developer must apply to the local planning authority for prior approval as to—

(i)impact on the amenity of any adjoining premises including overlooking, privacy and the loss of light;

(ii)the external appearance of the dwellinghouse, including the design and architectural features of—

(aa)the principal elevation of the dwellinghouse, and

(bb)any side elevation of the dwellinghouse that fronts a highway;

(iii)air traffic and defence asset impacts of the development; and

(iv)whether, as a result of the siting of the dwellinghouse, the development will impact on a protected view identified in the Directions Relating to Protected Vistas dated 15th March 2012 issued by the Secretary of State;

(b)before beginning the development, the developer must provide the local planning authority with a report for the management of the construction of the development, which sets out the proposed development hours of operation and how any adverse impact of noise, dust, vibration and traffic on adjoining owners or occupiers will be mitigated;

(c)the development must be completed within a period of 3 years starting with the date prior approval is granted;

(d)the developer must notify the local planning authority of the completion of the development as soon as reasonably practicable after completion; and

(e)that notification must be in writing and include—

(i)the name of the developer;

(ii)the address of the dwellinghouse; and

(iii)the date of completion.

Procedure for applications for prior approvalE+W

AA.3.(1) The following sub-paragraphs apply where an application to the local planning authority for prior approval is required by paragraph AA.2(3)(a)

(2) The application must be accompanied by—

(a)a written description of the proposed development, including details of any works proposed;

(b)a plan which is drawn to an identified scale and shows the direction of North, indicating the site and showing the proposed development; and

(c)a plan which is drawn to an identified scale and shows—

(i)the existing and proposed elevations of the dwellinghouse, and

(ii)the position and dimensions of the proposed windows.

[F56together with any fee required to be paid.]

(3) The local planning authority may refuse an application where, in its opinion—

(a)the proposed development does not comply with, or

(b)the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with,

any conditions, limitations or restrictions specified in paragraphs AA.1 and AA.2.

(4) Sub-paragraphs (5) to (8) do not apply where a local planning authority refuses an application under sub-paragraph (3); and for the purposes of section 78 (appeals) of the Act, such a refusal is to be treated as a refusal of an application for approval.

(5) The local planning authority must notify each adjoining owner or occupier about the proposed development by serving on them a notice which—

(a)describes the proposed development, including the maximum height of the proposed additional storeys;

(b)provides the address of the proposed development; and

(c)specifies the date, which must not be less than 21 days from the date the notice is given, by which representations are to be received by the local planning authority.

(6) Where the application relates to prior approval as to the impact on air traffic or defence assets, the local planning authority must consult any relevant operators of aerodromes, technical sites or defence assets and where appropriate the Civil Aviation Authority and the Secretary of State for Defence.

(7) Where an aerodrome, technical site or defence asset is identified on a safeguarding map provided to the local planning authority, the local planning authority must not grant prior approval contrary to the advice of the operator of the aerodrome, technical site or defence asset, the Civil Aviation Authority or the Secretary of State for Defence.

(8) Where the application relates to prior approval as to the impact on protected views, the local planning authority must consult Historic England, the Mayor of London and any local planning authorities identified in the Directions Relating to Protected Vistas dated 15th March 2012 issued by the Secretary of State.

(9) The local planning authority must notify the consultees referred to in sub-paragraphs (6) and (8) specifying the date by which they must respond, being not less than 21 days from the date the notice is given.

(10) When computing the number of days in sub-paragraphs (5)(c) and (9), any day which is a public holiday must be disregarded.

(11) The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application, which may include—

(a)assessments of impacts or risks;

(b)statements setting out how impacts or risks are to be mitigated, having regard to the National Planning Policy Framework issued by the Ministry of Housing, Communities and Local Government in [F57July 2021]; and

(c)details of proposed building or other operations.

(12) The local planning authority must, when determining an application—

(a)take into account any representations made to them as a result of any notice given under sub-paragraph (5) and any consultation under sub-paragraph (6) or (8); and

(b)have regard to the National Planning Policy Framework issued by the Ministry of Housing, Communities and Local Government in [F58July 2021], so far as relevant to the subject matter of the prior approval, as if the application were a planning application.

(13) The development must not begin before the receipt by the applicant from the local planning authority of a written notice giving their prior approval.

(14) The development must be carried out in accordance with the details approved by the local planning authority.

(15) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.

Interpretation of Class AAE+W

AA4.(1) For the purposes of Class AA—

“defence asset” means a site identified on a safeguarding map provided to the local planning authority for the purposes of a direction made by the Secretary of State in exercise of the powers conferred by article 31(1) of the Procedure Order or any previous powers to the like effect;

“detached”, in relation to a dwellinghouse, means that the dwellinghouse does not—

(a)

share a party wall with another building; or

(b)

have a main wall adjoining the main wall of another building;

“principal part”, in relation to a dwellinghouse, means the main part of the dwellinghouse excluding any front, side or rear extension of a lower height, whether this forms part of the original dwellinghouse or is a subsequent addition;

“semi-detached”, in relation to a dwellinghouse, means that the dwellinghouse is neither detached nor a terrace house;

“technical sites” has the same meaning as in the Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) Direction 2002;

“terrace house” means a dwellinghouse situated in a row of three or more buildings, where—

(a)

it shares a party wall with, or has a main wall adjoining the main wall of, the building 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 building which fulfils the requirements of paragraph a.

(2) In Class AA references to a “storey” do not include—

(a)any storey below ground level; or

(b)any accommodation within the roof of a dwellinghouse, whether comprising part of the original dwellinghouse or created by a subsequent addition or alteration,

and accordingly, references to an “additional storey” include a storey constructed in reliance on the permission granted by Class AA which replaces accommodation within the roof of the existing dwellinghouse.]

Class B – additions etc to the roof of a dwellinghouseE+W

Permitted developmentE+W

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

Development not permittedE+W

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

(a)permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class [F59G,] M, [F60MA,] N, P [F61, PA] or Q of Part 3 of this Schedule (changes of use);

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

(c)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 and fronts a highway;

(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)it would consist of or include—

(i)the construction or provision of a verandah, balcony or raised platform, or

(ii)the installation, alteration or replacement of a chimney, flue or soil and vent pipe; F62...

(f)the dwellinghouse is on article 2(3) land [F63; F64... ]

[F65(g)the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses)] [F66; or

(h)the existing dwellinghouse has been enlarged in reliance on the permission granted by Class AA (enlargement of a dwellinghouse by construction of additional storeys).]

Textual Amendments

F64Word in Sch. 2 Pt. 1 Class B para. B.1(f) omitted (31.8.2020 at 9.00 a.m.) by virtue of The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020 (S.I. 2020/755), arts. 1, 3(3)(a)

ConditionsE+W

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

(a)the materials used in any exterior work must be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse;

(b)the enlargement must be constructed so that—

(i)other than in the case of a hip-to-gable enlargement or an enlargement which joins the original roof to the roof of a rear or side extension—

(aa)the eaves of the original roof are maintained or reinstated; and

(bb)the edge of the enlargement closest to the eaves of the original roof is, so far as practicable, not less than 0.2 metres from the eaves, measured along the roof slope from the outside edge of the eaves; and

(ii)other than in the case of an enlargement which joins the original roof to the roof of a rear or side extension, no part of the enlargement extends beyond the outside face of any external wall of the original dwellinghouse; and

(c)any window inserted on a wall or roof slope forming a side elevation of the dwellinghouse must be—

(i)obscure-glazed, and

(ii)non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

Interpretation of Class BE+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.

[F67B.4  For the purposes of paragraph B.2(b)(ii)—E+W

(a)roof tiles, guttering, fascias, barge boards and other minor roof details overhanging the external wall of the original dwellinghouse are not to be considered part of the enlargement; and

(b)“rear or side extension” includes an original part of, or a subsequent extension of, the dwellinghouse that extends from the rear or side of the principal part of the original dwellinghouse.]

Class C – other alterations to the roof of a dwellinghouseE+W

Permitted developmentE+W

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

Development not permittedE+W

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

(a)permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class [F68G,] M, [F69MA,] N, P [F70, PA] or Q of Part 3 of this Schedule (changes of use);

(b)the alteration would protrude more than 0.15 metres beyond the plane of the slope of the original roof when measured from the perpendicular with the external surface of the original roof;

(c)it would result in the highest part of the alteration being higher than the highest part of the original roof; F71...

(d)it would consist of or include—

(i)the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or

(ii)the installation, alteration or replacement of solar photovoltaics or solar thermal equipment [F72; or]

[F73(e)the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).]

ConditionsE+W

C.2  Development is permitted by Class C subject to the condition that any window located on a roof slope forming a side elevation of the dwellinghouse must be—

(a)obscure-glazed; and

(b)non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

Class D – porchesE+W

Permitted developmentE+W

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

Development not permittedE+W

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

(a)permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class [F74G,] M, [F75MA,] N, P [F76, PA] or Q of Part 3 of this Schedule (changes of use);

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

(c)any part of the structure would be more than 3 metres above ground level; F77...

(d)any part of the structure would be within 2 metres of any boundary of the curtilage of the dwellinghouse with a highway [F78; or]

[F79(e)the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).]

Class E – buildings etc incidental to the enjoyment of a dwellinghouseE+W

Permitted developmentE+W

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

(a)any building or enclosure, 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 or enclosure; or

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

Development not permittedE+W

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

(a)permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class [F80G,] M, [F81MA,] N, P [F82, PA] or Q of Part 3 of this Schedule (changes of use);

(b)the total area of ground covered by buildings, enclosures 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);

(c)any part of the building, enclosure, pool or container would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse;

(d)the building would have more than a single storey;

(e)the height of the building, enclosure or container would exceed—

(i)4 metres in the case of a building with a dual-pitched roof,

(ii)2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwellinghouse, or

(iii)3 metres in any other case;

(f)the height of the eaves of the building would exceed 2.5 metres;

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

(h)it would include the construction or provision of a verandah, balcony or raised platform;

(i)it relates to a dwelling or a microwave antenna; F83...

(j)the capacity of the container would exceed 3,500 litres [F84; or]

[F85(k)the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).]

E.2  In the case of any land within the curtilage of the dwellinghouse which is within—E+W

(a)an area of outstanding natural beauty;

(b)the Broads;

(c)a National Park; or

(d)a World Heritage Site,

development is not permitted by Class E if 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.

E.3  In the case of any land within the curtilage of the dwellinghouse which is article 2(3) land, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse.E+W

Interpretation of Class EE+W

E.4.  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.

Class F – hard surfaces incidental to the enjoyment of a dwellinghouseE+W

Permitted developmentE+W

F.  Development consisting of—

(a)he 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 permittedE+W

[F86F.1  Development is not permitted by Class F if—

(a)permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class [F87G,] M, [F88MA,] N, P, PA or Q of Part 3 of this Schedule (changes of use); or

(b)the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).]

ConditionsE+W

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

(a)the hard surface would be situated on land between a wall forming the principal elevation of the dwellinghouse and a highway, and

(b)the area of ground covered by the hard surface, or the area of hard surface replaced, would exceed 5 square metres,

either the hard surface is made of porous materials, or provision is made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse.

Class G – chimneys, flues etc on a dwellinghouseE+W

Permitted developmentE+W

G.  The installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse.

Development not permittedE+W

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

(a)permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class [F89G,] M, [F90MA,] N, P [F91, PA] or Q of Part 3 of this Schedule (changes of use);

(b)the height of the chimney, flue or soil and vent pipe would exceed the highest part of the roof by 1 metre or more;F92...

(c)in the case of a dwellinghouse on article 2(3) land, the chimney, flue or soil and vent pipe would be installed on a wall or roof slope which—

(i)fronts a highway, and

(ii)forms either the principal elevation or a side elevation of the dwellinghouse [F93; or]

[F94(d)the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).]

Class H – microwave antenna on a dwellinghouseE+W

Permitted developmentE+W

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

Development not permittedE+W

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

(a)permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class [F95G,] M, [F96MA,] N, P [F97, PA] or Q of Part 3 of this Schedule (changes of use);

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

(i)more than 2 antennas;

(ii)a single antenna exceeding 1 metre in length;

(iii)2 antennas which do not meet the relevant size criteria;

(iv)an antenna installed on a chimney, where the length of the antenna would exceed 0.6 metres;

(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;

(c)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;

(d)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 0.6 metres measured from the highest part of the ridge tiles of the roof, whichever is the lower; F98...

(e)in the case of article 2(3) land, it would consist of the installation of an antenna—

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

(ii)in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway; or

(iii)on a building which exceeds 15 metres in height [F99; or]

[F100(f)the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).]

ConditionsE+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 is removed as soon as reasonably practicable.

Interpretation of Class HE+W

H.3  For the purposes of Class H—

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

(i)only 1 of the antennas may exceed 0.6 metres in length; and

(ii)any antenna which exceeds 0.6 metres in length must not exceed 1 metre in length;

(b)the length of the antenna is to be measured in any linear direction, and excludes any projecting feed element, reinforcing rim, mounting or brackets.

Interpretation of Part 1E+W

I.  For the purposes of Part 1—

highway” includes an unadopted street or a private way;

raised” in relation to a platform means a platform with a height greater than 0.3 metres; and

terrace house[F101except in Class AA (enlargement of a dwellinghouse by construction of additional storeys),] means a dwellinghouse situated in a row of 3 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 paragraph (a); and

unadopted street” means a street not being a highway maintainable at the public expense within the meaning of the Highways Act 1980 M36.

Textual Amendments

Marginal Citations

M361980 c. 66. See in particular sections 36, 328 and 329; section 36 was amended by Schedule 4 to the Local Government Act 1985 (c. 51), Schedule 2 to the Housing (Consequential Provisions) Act 1985 (c. 71), Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11), section 64 of, and Schedule 4 to, the Transport and Works Act 1992 (c. 42), Schedule 6 to the Countryside and Rights of Way Act 2000 (c. 37) and S.I. 2006/1177. There are amendments to section 329 but none are relevant to this Order.

PART 2E+WMinor operations

Class A – gates, fences, walls etcE+W

Permitted developmentE+W

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

Development not permittedE+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—

(i)for a school, 2 metres above ground level, provided that any part of the gate, fence, wall or means of enclosure which is more than 1 metre above ground level does not create an obstruction to the view of persons using the highway as to be likely to cause danger to such persons;

(ii)in any other case, 1 metre above ground level;

(b)the height of any other gate, fence, wall or means of enclosure erected or constructed would exceed 2 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 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 AE+W

A.2  For the purposes of Class A, “school” includes—

(a)premises which have changed use under Class S or T of Part 3 of this Schedule (changes of use) to become a state-funded school or registered nursery as defined in paragraph X of Part 3; and

(b)a building permitted by Class C of Part 4 of this Schedule (temporary buildings and uses) to be used temporarily as a school, from the date the local planning authority is notified as provided in paragraph C.2(b) of Part 4.

Class B – means of access to a highwayE+W

Permitted developmentE+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 – exterior paintingE+W

Permitted developmentE+W

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

Development not permittedE+W

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

Interpretation of Class CE+W

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

Class D – electrical outlet for recharging vehiclesE+W

Permitted developmentE+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 permittedE+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 2 metres of a highway;

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

(d)be within the curtilage of a listed building.

ConditionsE+W

D.2  Development is permitted by Class D subject to the conditions that when no longer needed as a charging point for electric vehicles—

(a)the development is removed as soon as reasonably practicable; and

(b)the wall on which the development was mounted or into which the development was set is, as soon as reasonably practicable, and so far as reasonably practicable, reinstated to its condition before that development was carried out.

Class E – electrical upstand for recharging vehiclesE+W

Permitted developmentE+W

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 permittedE+W

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

[F102(a) in relation to an upstand and outlet—

(i)within the curtilage of a dwellinghouse or a block of flats, exceed 1.6 metres in height from the level of the surface used for the parking of vehicles; or

(ii)in any other case, exceed 2.3 metres in height from the level of the surface used for the parking of vehicles;]

(b)be within 2 metres of a highway;

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

(d)be within the curtilage of a listed building; or

(e)result in more than 1 upstand being provided for each parking space.

ConditionsE+W

E.2  Development is permitted by Class E subject to the conditions that when the development is no longer needed as a charging point for electric vehicles—

(a)the development is removed as soon as reasonably practicable; and

(b)the land on which the development was mounted or into which the development was set is, as soon as reasonably practicable, and so far as reasonably practicable, reinstated to its condition before that development was carried out.

[F103Interpretation of Class EE+W

E.3.  For the purposes of Class E—

“block of flats” means a building which consists of at least two flats.]

Class F – closed circuit television camerasE+W

Permitted developmentE+W

F.  The installation, alteration or replacement on a building of a closed circuit television camera to be used for security purposes.

Development not permittedE+W

F.1  Development is not permitted by Class F 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 0.75 metres by 0.25 metres by 0.25 metres;

(c)any part of the camera would, when installed, altered or replaced, be less than 2.5 metres 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 1 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 1 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 4 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.

ConditionsE+W

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

(a)the camera is, so far as practicable, sited so as to minimise its effect on the external appearance of the building on which it is situated; and

(b)the camera is removed as soon as reasonably practicable after it is no longer required for security purposes.

Interpretation of Class FE+W

F.3  For the purposes of Class F—

  • “camera”, except in paragraph F.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.

[F104Class G – moveable structures for pubs, restaurants etcE+W

Permitted developmentE+W

G.  The provision of one moveable structure within the curtilage, and for the purposes, of a building used for a purpose within—

(a)article 3(6)(p) or (q) (drinking establishments etc.) of the Use Classes Order; or

(b)Class E(b) (sale of food and drink etc.) of Schedule 2 to that Order.

Development not permittedE+W

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

(a)on land which is or forms part of—

(i)a scheduled monument or land within its curtilage;

(ii)a listed building or land within its curtilage;

(b)if any part of the moveable structure would be within 2 metres of the curtilage of any adjacent land that is used for a purpose within Part C (residential uses) of Schedule 1 to the Use Classes Order;

(c)if the height of the moveable structure would exceed 3 metres;

(d)if the footprint of the moveable structure would exceed the lesser of—

(i)50% of the footprint of the building, or

(ii)50 square metres;

(e)if the moveable structure is used for the display of an advertisement.

Interpretation of Class GE+W

G.2.  For the purposes of Class G, “footprint”, in relation to a building or a moveable structure, means the total area of ground covered by the building or moveable structure.]

PART 3E+WChanges of use

[F105Class A – casino, betting office, pay day loan shop or hot food takeaway to commercial, business and serviceE+W

Permitted developmentE+W

A.  Development consisting of a change of use of a building from a use falling within one of the following provisions of the Use Classes Order—

(a)article 3(6)(m) (casino);

(b)article 3(6)(n) (betting office);

(c)article 3(6)(o) (pay day loan shop); or

(d)article 3(6)(r) (hot food takeaway),

to a use falling within Class E (commercial, business and service) of Schedule 2 to that Order.

ConditionsE+W

A.1.  Development under Class A is permitted subject to the condition that, before beginning the development, the developer provides written notification to the local planning authority of the date on which the use of the building will change.]

[F106Class AA – drinking establishments with expanded food provisionE+W

[F107Permitted DevelopmentE+W

AA.  Development consisting of a change of use of a building and any land within its curtilage—

(a)from a use falling within article 3(6)(p) (public house, wine bar, or drinking establishment) of the Use Classes Order to a use falling within article 3(6)(q) (drinking establishment with expanded food provision) of that Order; or

(b)from a use falling within article 3(6)(q) to a use falling within article 3(6)(p).]]

Class B – takeaways F108... to restaurants and cafesE+W

Textual Amendments

  F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class C – retail, betting office or pay day loan shop or casino to restaurant or cafeE+W

  F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class D – shops to financial and professionalE+W

  F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class E – financial and professional or betting office or pay day loan shop to shopsE+W

  F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class F – betting offices or pay day loan shops to financial and professionalE+W

  F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class G – [F114commercial, business and service] or betting office or pay day loan shop to mixed useE+W

Permitted developmentE+W

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

[F115(a)from a use within Class E (commercial, business and service) of Schedule 2 to the Use Classes Order, to a mixed use for any purpose within that Class and as up to 2 flats;]

F116(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F117(c)from a use within article 3(6)(n) (betting office) or 3(6)(o) (pay day loan shop) of the Use Classes Order, to a mixed use for any purpose within Class E (commercial, business and service) of Schedule 2 to that Order and as up to 2 flats;]

F118(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)from a use [F119falling within article 3(6)(n) (betting office) or 3(6)(o) (pay day loan shop) of the Use Classes Order] to a mixed use [F119falling within article 3(6)(n) (betting office) or 3(6)(o) (pay day loan shop) of the Use Classes Order] and as up to 2 flats.

ConditionsE+W

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

(a)some or all of the parts of the building used [F120for a use within, as the case may be, article 3(6)(n) (betting office) or 3(6)(o) (pay day loan shop) of, or Class E of Schedule 2 to,] the Use Classes Order is situated on a floor below the lowest part of the building used as a 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 a flat;

(c)a 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, or

(ii)by not more than 6 residents living together as a single household (including a household where care is provided for residents)[F121;

(d)before beginning 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 as to—

(i)contamination risks in relation to the building;

(ii)flooding risks in relation to the building;

(iii)impacts of noise from commercial premises on the intended occupiers of the development;

(iv)the provision of adequate natural light in all habitable rooms of the dwellinghouses;

(v)arrangements required for the storage and management of domestic waste.]

Interpretation of Class GE+W

G.2  For the purposes of Class G, “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 H – mixed use to [F122commercial, business and service or betting office or pay day loan shop] E+W

Permitted developmentE+W

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

[F123(a)from a mixed use for any purpose within Class E (commercial, business and service) of Schedule 2 to the Use Classes Order and as up to 2 flats, to a use for any purpose within that Class;]

F124(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F125(c)from a mixed use within article 3(6)(n) (betting office) or 3(6)(o) (pay day loan shop) of the Use Classes Order and as up to 2 flats, to use for any purpose within Class E (commercial, business and service) of Schedule 2 to that Order;]

F126(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)from a mixed use [F127within article 3(6)(n) (betting office) or 3(6)(o) (pay day loan shop) of the Use Classes Order] and as up to 2 flats to a use [F127within article 3(6)(n) (betting office) or 3(6)(o) (pay day loan shop) of the Use Classes Order] .

[F128Development not permittedE+W

H.1  Development is not permitted by Class H unless each part of the building used as a flat was, immediately prior to being so used, used for any purpose within, as the case may be, article 3(6)(n) (betting office) or 3(6)(o) (pay day loan shop) of, or Class E of Schedule 2 to, the Use Classes Order.]

[F129Class I – industrial conversionsE+W

Permitted developmentE+W

I.  Development consisting of a change of use of a building from any use falling within Class B2 (general industrial) of Schedule 1 to the Use Classes Order, to a use for any purpose falling within Class B8 (storage or distribution) of that Schedule.

Development not permittedE+W

I.1.  Development is not permitted by Class I if the change of use relates to more than 500 square metres of floor space in the building.]

Class J – retail or betting office or pay day loan shop to assembly and leisureE+W

F130  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class JA – retail, takeaway, betting office, pay day loan shop, and launderette uses to officesE+W

F131  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class K – casinos to assembly and leisureE+W

F132  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class L – small HMOs to dwellinghouses and vice versaE+W

Permitted developmentE+W

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

(a)from a use falling within Class C4 (houses in multiple occupation) of the Schedule to the Use Classes Order, to a use falling within Class C3 (dwellinghouses) of that Schedule;

(b)from a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order, to a use falling within Class C4 (houses in multiple occupation) of that Schedule.

Development not permittedE+W

L.1  Development is not permitted by Class L if it would result in the use—

(a)as two or more separate dwellinghouses falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order of any building previously used as a single dwellinghouse falling within Class C4 (houses in multiple occupation) of that Schedule; or

(b)as two or more separate dwellinghouses falling within Class C4 (houses in multiple occupation) of that Schedule of any building previously used as a single dwellinghouse falling within Class C3 (dwellinghouses) of that Schedule.

[F133Class M – [F134certain uses to dwellinghouses]E+W

[F135Permitted developmentE+W

M.   Development consisting of—

(a)a change of use of a building from—

(i)a use falling within one of the following—

(aa)launderette;

(bb)betting office;

(cc)pay day loan shop;

(dd)hot food takeaway; or

(ii)a mixed use combining use as a dwellinghouse with a use falling within one of the uses mentioned in paragraph (i)(aa), (bb) or (cc) (whether that use was granted permission under Class G of this Part or otherwise);

to a use falling within Class C3 (dwellinghouses) of Schedule 1 to the Use Classes Order; or

(b)development referred to in sub-paragraph (a) together with building operations reasonably necessary to convert the building to a use falling within Class C3 (dwellinghouses).]

Development not permittedE+W

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

(a)the building was not used for one of the uses referred to in Class M(a)—

(i)on 20th March 2013, or

(ii)in the case of a building which was in use before that date but was not in use on that date, when it was last in use;

F136(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the cumulative floor space of the existing building changing use under Class M exceeds 150 square metres;

(d)the development (together with any previous development under Class M) would result in more than 150 square metres of floor space in the building having changed use under Class M;

(e)the development would result in the external dimensions of the building extending beyond the external dimensions of the existing building at any given point;

(f)the development consists of demolition (other than partial demolition which is reasonably necessary to convert the building to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order); or

(g)the building is—

(i)on article 2(3) land;

(ii)in a site of special scientific interest;

(iii)in a safety hazard area;

(iv)in a military explosives storage area;

(v)a listed building; or

(vi)a scheduled monument.

ConditionsE+W

M.2(1) Where the development proposed is development under Class M(a) together with development under Class M(b), development is permitted subject to the condition that 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 as to—

(a)transport and highways impacts of the development,

(b)contamination risks in relation to the building,

(c)flooding risks in relation to the building,

(d)whether it is undesirable for the building to change to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order because of the impact of the change of use—

[F137(i)on adequate provision of services of the sort that may be provided by a building falling within article 3(6)(c) (launderette) of the Use Classes Order, but only where there is a reasonable prospect of the building being used to provide such services,]

F138(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the design or external appearance of the building [F139, and]

[F140(f)the provision of adequate natural light in all habitable rooms of the dwellinghouses,]

and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

(2) Where the development proposed is development under Class M(a) only, development is permitted subject to the condition that 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 as to the items referred to in sub-paragraphs (1)(a) to (d) [F141and (f),] and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

(3) Development under Class M is permitted subject to the condition that—

(a)development under Class M(a), and under Class M(b), if any, must be completed within a period of 3 years starting with the prior approval date; F142...

(b)a building which has changed use under Class M is to be used as a dwellinghouse within the meaning of Class C3 of the Schedule to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use as such a dwellinghouse [F143; and]

[F143(c)where the proposed development includes a change of use of a building from a use falling within Class A1 or Class A2 of the Use Classes Order, the developer must apply for a determination under sub-paragraph (1) or (2) on or before 31 July 2021].]

Textual Amendments

[F144Class MA – commercial, business and service uses to dwellinghousesE+W

Permitted developmentE+W

MA.  Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class E (commercial, business and service) of Schedule 2 to the Use Classes Order to a use falling within Class C3 (dwellinghouses) of Schedule 1 to that Order.

Development not permittedE+W

MA.1.(1) Development is not permitted by Class MA—

F145(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)unless the use of the building fell within one or more of the classes specified in sub-paragraph (2) for a continuous period of at least 2 years prior to the date of the application for prior approval;

F146(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)if land covered by, or within the curtilage of, the building—

(i)is or forms part of a site of special scientific interest;

(ii)is or forms part of a listed building or land within its curtilage;

(iii)is or forms part of a scheduled monument or land within its curtilage;

(iv)is or forms part of a safety hazard area; or

(v)is or forms part of a military explosives storage area;

(e)if the building is within—

(i)an area of outstanding natural beauty;

(ii)an area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981;

(iii)the Broads;

(iv)a National Park; or

(v)a World Heritage Site;

(f)if the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained; or

(g)before 1 August 2022, if—

(i)the proposed development is of a description falling within Class O of this Part as that Class had effect immediately before 1st August 2021; and

(ii)the development would not have been permitted under Class O immediately before 1st August 2021 by virtue of the operation of a direction under article 4(1) of this Order which has not since been cancelled in accordance with the provisions of Schedule 3.

(2) The classes mentioned in sub-paragraph (1)(b) are the following classes of the Use Classes Order—

(a)the following classes of the Schedule as it had effect before 1st September 2020—

(i)Class A1 (shops);

(ii)Class A2 (financial and professional services);

(iii)Class A3 (food and drink);

(iv)Class B1 (business);

(v)Class D1(a) (non-residential institutions – medical or health services);

(vi)Class D1(b) (non-residential institutions – crèche, day nursery or day centre);

(vii)Class D2(e) (assembly and leisure – indoor and outdoor sports), other than use as an indoor swimming pool or skating rink;

(b)on or after 1st September 2020, Class E (commercial, business and service) of Schedule 2.

ConditionsE+W

MA.2.(1) Development under Class MA is permitted subject to the following conditions.

(2) Before beginning development under Class MA, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—

(a)transport impacts of the development, particularly to ensure safe site access;

(b)contamination risks in relation to the building;

(c)flooding risks in relation to the building;

(d)impacts of noise from commercial premises on the intended occupiers of the development;

(e)where—

(i)the building is located in a conservation area, and

(ii)the development involves a change of use of the whole or part of the ground floor,

the impact of that change of use on the character or sustainability of the conservation area;

(f)the provision of adequate natural light in all habitable rooms of the dwellinghouses;

(g)the impact on intended occupiers of the development of the introduction of residential use in an area the authority considers to be important for general or heavy industry, waste management, storage and distribution, or a mix of such uses; F147...

(h)where the development involves the loss of services provided by—

(i)a registered nursery, or

(ii)a health centre maintained under section 2 or 3 of the National Health Service Act 2006,

the impact on the local provision of the type of services lost [F148; and

(i)where the development meets the fire risk condition, the fire safety impacts on the intended occupants of the building]

(3) An application for prior approval for development under Class MA may not be made before 1 August 2021.

(4) The provisions of paragraph W (prior approval) of this Part apply in relation to an application under this paragraph [F149as if—

(a)for paragraph (e) of sub-paragraph (2) there were substituted—

(e)where—

(i)sub-paragraph (6) requires the Environment Agency to be consulted, a site-specific flood risk assessment;

(ii)sub-paragraph (6A) requires the Health and Safety Executive to be consulted, a statement about the fire safety design principles, concepts and standards that have been applied to the development,;

(b)in the introductory words in sub-paragraph (5), for “and highways impacts of the development” there were substituted “impacts of the development, particularly to ensure safe site access”;

(c)after sub-paragraph (6) there were inserted—

(6A) Where the application relates to prior approval as to fire safety impacts, on receipt of the application, the local planning authority must consult the Health and Safety Executive.;

(d)in sub-paragraph (7) for “(5) and (6)” there were substituted “(5), (6) and (6A)”;]

(5) Development must be completed within a period of 3 years starting with the prior approval date.

(6) Any building permitted to be used as a dwellinghouse by virtue of Class MA is to remain in use as a dwellinghouse within the meaning of Class C3 of Schedule 1 to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the use as a dwellinghouse.]

[F150Interpretation of Class MAE+W

MA.3.   Development meets the fire risk condition referred to in paragraph MA.2(2)(i) if the development relates to a building which will—

(a)contain two or more dwellinghouses; and

(b)satisfy the height condition in paragraph (3), read with paragraph (7), of article 9A (fire statements) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.]

Class N – specified sui generis uses to dwellinghousesE+W

Permitted developmentE+W

N.  Development consisting of—

(a)a change of use of a building and any land within its curtilage from a use as—

(i)an amusement arcade or centre, or

(ii)a casino,

to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order; [F151or]

(b) [F152development referred to in paragraph (a) together with] building operations reasonably necessary to convert the building referred to in paragraph (a) to a use falling within Class C3 (dwellinghouses) of that Schedule.

Development not permittedE+W

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

(a)the building was not used solely for one of the uses specified in Class N(a)—

(i)on 19th March 2014, or

(ii)in the case of a building which was in use before that date but was not in use on that date, when it was last in use;

(b)the cumulative floor space of the existing building changing use under Class N exceeds 150 square metres;

(c)the development (together with any previous development under Class N) would result in more than 150 square metres of floor space in the building having changed use under Class N;

(d)the development under Class N(b) would consist of building operations other than—

(i)the installation or replacement of—

(aa)windows, doors, roofs, or exterior walls, or

(bb)water, drainage, electricity, gas or other services,

to the extent reasonably necessary for the building to function as a dwellinghouse; and

(ii)partial demolition to the extent reasonably necessary to carry out building operations allowed by paragraph (d)(i);

(e)the building is within—

(i)an area of outstanding natural beauty;

(ii)an area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981 M37;

(iii)the Broads;

(iv)a National Park; or

(v)a World Heritage Site;

(f)the site is, or forms part of—

(i)a site of special scientific interest;

(ii)a safety hazard area;

(iii)a military explosives storage area;

(g)the building is a listed building or is within the curtilage of a listed building; or

(h)the site is, or contains, a scheduled monument.

Marginal Citations

M371981 c. 69. Section 41 was amended by sections 20 and 24 of, and Schedules 3 and 4 to, the Agriculture Act 1986 (c. 49), Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (c. 4), Schedule 10 to the Environment Act 1995 (c. 25) and Schedules 11 and 12 to the Natural Environment and Rural Communities Act 2006 (c. 16). There are other amendments not relevant to this Order.

ConditionsE+W

N.2—(1) Where the development proposed is development under Class N(a) together with development under Class N(b), development is permitted subject to the condition that 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 as to—

(a)transport and highways impacts of the development,

(b)contamination risks in relation to the building,

(c)flooding risks in relation to the building, F153...

(d)the design or external appearance of the building, [F154and]

[F155(e)the provision of adequate natural light in all habitable rooms of the dwellinghouses,]

and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

(2) Where the development proposed is development under Class N(a) only, development is permitted subject to the condition that 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 as to the items referred to in sub-paragraphs (1)(a) to (c) [F156and (e),] and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

(3) Development under Class N is permitted subject to the condition that development under Class N(a), and under Class N(b), if any, must be completed within a period of 3 years starting with the prior approval date.

Class O – offices to dwellinghousesE+W

Permitted developmentE+W

O.  Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class B1(a) (offices) of the Schedule to the Use Classes Order, to a use falling within Class C3 (dwellinghouses) of that Schedule.

Development not permittedE+W

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

F157(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the building was not used for a use falling within Class B1(a) (offices) of the Schedule to the Use Classes Order—

(i)on 29th May 2013, or

(ii)in the case of a building which was in use before that date but was not in use on that date, when it was last in use;

F158(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the site is, or forms part of, a safety hazard area;

(e)the site is, or forms part of, a military explosives storage area;

(f)the building is a listed building or is within the curtilage of a listed building; or

(g)the site is, or contains, a scheduled monument.

Textual Amendments

F157Sch. 2 Pt. 3 Class O para. O.1(a) omitted (31.5.2019) by virtue of The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (S.I. 2016/332), art. 7(2)(iii)

ConditionsE+W

[F159O.2(1) Development under Class O is permitted subject to the condition that 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 as to—

(a)transport and highways impacts of the development,

(b)contamination risks on the site,

(c)flooding risks on the site, F160...

(d)impacts of noise from commercial premises on the intended occupiers of the development [F161, and]

[F162(e)the provision of adequate natural light in all habitable rooms of the dwellinghouses.]

and the provisions of paragraph W (prior approval) apply in relation to that application.

(2) Development under Class O is permitted subject to the [F163following conditions—

(a)the development must be completed within a period of 3 years starting with the prior approval date; and

(b)the developer must apply for a determination under sub-paragraph (1) on or before 31st July 2021]]

[F164Interpretation of Class OE+W

O.3.  For the purposes of Class O, “commercial premises” means any premises normally used for the purpose of any commercial or industrial undertaking which existed on the date of application under paragraph O.2(1), and includes any premises licensed under the Licensing Act 2003 or any other place of public entertainment.]

Class P – storage or distribution centre to dwellinghousesE+W

Permitted developmentE+W

P.  Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class B8 (storage or distribution centre) of the Schedule to the Use Classes Order to a use falling within Class C3 (dwellinghouses) of that Schedule.

Development not permittedE+W

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

(a)the building was not used solely for a storage or distribution centre use on 19th March 2014 or in the case of a building which was in use before that date but was not in use on that date, when it was last in use;

(b)the building was not used solely for a storage or distribution centre use for a period of at least 4 years before the date development under Class P begins;

[F165(c)the prior approval date falls on or after 10th June 2019;]

(d)the gross floor space of the existing building exceeds 500 square metres;

(e)the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained;

(f)less than 1 year before the date the development begins—

(i)an agricultural tenancy over the site has been terminated, and

(ii)the termination was for the purpose of carrying out development under this Class,

unless both the landlord and the tenant have agreed in writing that the site is no longer required for agricultural purposes;

(g)the building is within—

(i)an area of outstanding natural beauty;

(ii)an area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981 M38;

(iii)the Broads; or

(iv)a National Park;

(v)a World Heritage Site;

(h)the site is, or forms part of—

(i)a site of special scientific interest;

(ii)a safety hazard area;

(iii)a military explosives storage area;

(i)the building is a listed building or is within the curtilage of a listed building; or

(j)the site is, or contains, a scheduled monument;

[F166(k)the development is not completed within a period of 3 years starting with the prior approval date.]

Textual Amendments

Marginal Citations

M381981 c. 69. Section 41 was amended by sections 20 and 24 of, and Schedules 3 and 4 to, the Agriculture Act 1986 (c. 49), Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (c. 4), Schedule 10 to the Environment Act 1995 (c. 25) and Schedules 11 and 12 to the Natural Environment and Rural Communities Act 2006 (c. 16). There are other amendments not relevant to this Order.

ConditionsE+W

P.2  Development is permitted by Class P subject to the condition that before beginning the development, the developer must—

(a)submit a statement, which must accompany the application referred to in paragraph (b), to the local planning authority setting out the evidence the developer relies upon to demonstrate that the building was used solely for a storage or distribution centre use on the date referred to in paragraph P.1(a) and for the period referred to in paragraph P.1(b);

(b)apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—

(i)impacts of air quality on the intended occupiers of the development;

(ii)transport and highways impacts of the development,

(iii)contamination risks in relation to the building,

(iv)flooding risks in relation to the building,

(v)noise impacts of the development, and

(vi)where the authority considers the building to which the development relates is located in an area that is important for providing storage or distribution services or industrial services or a mix of those services, whether the introduction of, or an increase in, a residential use of premises in the area would have an adverse impact on the sustainability of the provision of those services,

and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

Interpretation of Class PE+W

P.3  For the purposes of Class P—

  • “curtilage” (except in paragraph P.1(i)) means—

    (a)

    the piece of land, whether enclosed or unenclosed, immediately beside or around the building in storage or distribution centre use, closely associated with and serving the purposes of that building, or

    (b)

    an area of land immediately beside or around the building in storage or distribution centre use no larger than the land area occupied by the building,

    whichever is the lesser;

  • general industrial use” means a use falling within Class B2 (general industrial) of the Schedule to the Use Classes Order;

  • industrial services” means services provided from premises with a light industrial use or general industrial use;

  • light industrial use” means a use falling within Class B1(c) (light industrial) of the Schedule to the Use Classes Order;

  • storage or distribution centre use” means a use falling within Class B8 (storage or distribution) of the Schedule to the Use Classes Order; and

  • storage or distribution services” means services provided from premises with a storage or distribution centre use.

[F167Class PA – premises in light industrial use to dwellinghousesE+W

Textual Amendments

Permitted developmentE+W

PA.  Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class B1(c) (light industrial) of the Schedule to the Use Classes Order to a use falling within Class C3 (dwellinghouses) of that Schedule.

Development not permittedE+W

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

(a)an application under paragraph PA.2(1) in respect of the development is received by the local planning authority on or before 30th September 2017;

(b)the building was not used solely for a light industrial use on 19th March 2014 or, in the case of a building which was in use before that date but was not in use on that date, when it was last in use;

(c)the prior approval date falls on or after 1st October 2020;

(d)the gross floor space of the existing building exceeds 500 square metres;

(e)the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained;

(f)less than 1 year before the date the development begins—

(i)an agricultural tenancy over the site has been terminated, and

(ii)the termination was for the purpose of carrying out development under this Class,

unless both the landlord and the tenant have agreed in writing that the site is no longer required for agricultural purposes;

(g)the site is, or forms part of—

(i)a site of special scientific interest;

(ii)a safety hazard area;

(iii)a military explosives storage area;

(h)the building is a listed building or is within the curtilage of a listed building; or

(i)the site is, or contains, a scheduled monument.

ConditionsE+W

PA.2.(1) Development is permitted by Class PA subject to the condition that before beginning the development, the developer must—

(a)submit a statement, which must accompany the application referred to in paragraph (b), to the local planning authority setting out the evidence the developer relies upon to demonstrate that the building was used solely for a light industrial use on the date referred to in paragraph PA.1(b);

(b)apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—

(i)transport and highways impacts of the development,

(ii)contamination risks in relation to the building,

(iii)flooding risks in relation to the building,

(iv)where the authority considers the building to which the development relates is within an area that is important for providing industrial services or storage or distribution services or a mix of those services (which includes, where the development relates to part of a building, services provided from any other part of the building), whether the introduction of, or an increase in, a residential use of premises in the area would have an adverse impact on the sustainability of the provision of those services,

[F168(v)the provision of adequate natural light in all habitable rooms of the dwellinghouses,]

and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

(2) Development under Class PA is permitted subject to the condition that it must be completed within a period of 3 years starting with the prior approval date.

Interpretation of Class PAE+W

PA.3.  For the purposes of Class PA—

“curtilage” (except in paragraph PA.1(h)) means—

(a)

the piece of land, whether enclosed or unenclosed, immediately beside or around the building in light industrial use, closely associated with and serving the purposes of that building, or

(b)

an area of land immediately beside or around the building in light industrial use no larger than the land area occupied by the building,

whichever is the lesser;

“industrial services” means services provided from premises with a light industrial use or a use falling within Class B2 (general industrial) of the Schedule to the Use Classes Order;

“light industrial use” means a use falling within Class B1(c) (light industrial) of the Schedule to the Use Classes Order;

“storage or distribution services” means services provided from premises with a use falling within Class B8 (storage or distribution) of the Schedule to the Use Classes Order.]

[F169Class Q — buildings on agricultural units and former agricultural buildings to dwellinghousesE+W

Permitted developmentE+W

Q.  Development consisting of—

(a)a change of use of—

(i)a building that is part of an established agricultural unit and any land within that building’s curtilage, or

(ii)a former agricultural building that was (but is no longer) part of an established agricultural unit and any land within that building’s curtilage,

to a use falling within Class C3 (dwellinghouses) of Schedule 1 to the Use Classes Order,

(b)development referred to in sub-paragraph (a) together with the extension of the building referred to in sub-paragraph (a), or

(c)development referred to in sub-paragraph (a) together with building operations reasonably necessary to convert the building referred to in sub-paragraph (a) to a use falling within Class C3 (dwellinghouses) of that Schedule or to extend that building.

Development not permittedE+W

Q1.  Development is not permitted by Class Q if—

(a)in the case of a site that is part of an established agricultural unit, the site was not part of the established agricultural unit—

(i)on 24th July 2023, or

(ii)where the site became part of the established agricultural unit after 24th July 2023, for a period of at least 10 years before the date development under Class Q begins,

(b)in the case of a site that was (but is no longer) part of an established agricultural unit—

(i)the site was part of an established agricultural unit on 24th July 2023,

(ii)where the site ceased to be part of an established agricultural unit after 24th July 2023, the site has not been part of the established agricultural unit for a period of at least 10 years before the date development under Class Q begins, or

(iii)since ceasing to be part of an established agricultural unit, the site has been used for any non-agricultural purpose,

(c)the floor space of any dwellinghouse developed under Class Q having a use falling within Class C3 (dwellinghouses) of Schedule 1 to the Use Classes Order exceeds 150 square metres,

(d)the development under Class Q, together with any previous development under Class Q, within the original limits of an established agricultural unit (see paragraph Q.3(2) of this Part) would result in—

(i)the cumulative number of separate dwellinghouses having a use falling within Class C3 (dwellinghouses) of Schedule 1 to the Use Classes Order exceeding 10, or

(ii)the cumulative floor space of dwellinghouses having a use falling within Class C3 (dwellinghouses) of Schedule 1 to the Use Classes Order exceeding 1,000 square metres,

(e)the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained,

(f)less than 1 year before the date development begins—

(i)an agricultural tenancy over the site has been terminated, and

(ii)the termination was for the purpose of carrying out development under Class Q,

unless both the landlord and the tenant have agreed in writing that the site is no longer required for agricultural use,

(g)development under Class A(a) or Class B(a) of Part 6 of this Schedule (agricultural buildings and operations) has been carried out on the established agricultural unit during the period which is 10 years before the date development under Class Q begins,

(h)the development would result in the external dimensions of the building extending beyond the external dimensions of the existing building at any given point, other than—

(i)extension of the building allowed by paragraph Q.1(i);

(ii)protrusions of up to 0.2 metres to accommodate building operations allowed by paragraph Q.1(j)(i),

(i)the development under Class Q(b) would result in an extension that—

(i)has more than one storey,

(ii)is sited anywhere other than to the rear of the existing building,

(iii)extends beyond the rear wall of the existing building by more than 4 metres,

(iv)has eaves the height of which exceed the height of the eaves of the existing building,

(v)is higher than whichever is the lower of—

(aa)the highest part of the roof of the existing building, or

(bb)a height of 4 metres above the ground,

(vi)extends beyond a wall that forms a side or principal elevation of the existing building, or

(vii)would be sited on land that, before the development under Class Q(b), is not covered by a hard surface that was provided on the land by virtue of any development, and—

(aa)the hard surface was not provided on the land on or before 24th July 2023, or

(bb)where the hard surface was provided on the land after 24th July 2023, the hard surface has not been situated on the land for a period of at least 10 years before the date development under Class Q(b) begins,

(j)the development under Class Q(c) would consist of building operations other than—

(i)the installation or replacement of—

(aa)windows, doors, roofs, or exterior walls, or

(bb)water, drainage, electricity, gas or other services,

to the extent reasonably necessary for the building to function as a dwellinghouse, and

(ii)partial demolition to the extent reasonably necessary to carry out building operations allowed by paragraph Q.1(j)(i),

(k)the site is on article 2(3) land,

(l)the site is, or forms part of—

(i)a site of special scientific interest;

(ii)a safety hazard area;

(iii)a military explosives storage area,

(m)the site is, or contains, a scheduled monument,

(n)the building is a listed building,

(o)the existing building, excluding any proposed extension under Class Q(b) but including any proposed building operations under Class Q(c), would not be capable of complying with the nationally described space standard issued by the Department for Communities and Local Government on 27th March 2015 as read with the notes dated 19th May 2016 which apply to it, or

(p)the building does not have suitable existing access to a public highway.

ConditionsE+W

Q2.(1) Where the development proposed is development under Class Q(a) together with development under Class Q(c), development is permitted subject to the condition that 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 as to—

(a)transport and highways impacts of the development,

(b)noise impacts of the development,

(c)contamination risks on the site,

(d)flooding risks on the site,

(e)whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a use falling within Class C3 (dwellinghouses) of Schedule 1 to the Use Classes Order,

(f)the design or external appearance of the building, and

(g)the provision of adequate natural light in all habitable rooms of the dwellinghouses,

and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

(2) Where the development proposed is development under Class Q(a) only, development is permitted subject to the condition that 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 as to the items referred to in sub-paragraphs (1)(a) to (e) and (g), and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

(3) Where the development proposed includes development under Class Q(b), the developer must also apply, as part of the application under sub-paragraph (1) or (2) (as the case may be), for a determination as to whether the prior approval of the authority will be required as to the impact of the proposed extension on the amenity of any adjoining premises.

(4) Development under Class Q is permitted subject to the condition that development under Class Q(a), and under Class Q(b) or (c), if any, must be completed within a period of 3 years starting with the prior approval date.

Interpretation of Class QE+W

Q3.(1) For the purposes of Class Q, “curtilage” means the lesser of—

(a)the piece of land, whether enclosed or unenclosed, immediately beside or around the building on an established agricultural unit or former agricultural building (as the case may be), closely associated with and serving the purposes of that building, and

(b)an area of land immediately beside or around the building on an established agricultural unit or former agricultural building (as the case may be) no larger than the land area occupied by that building.

(2) For the purposes of Class Q.1(d), “the original limits of an established agricultural unit” means—

(a)in the case of an established agricultural unit which ceased to exist prior to 24th July 2023, all the land which comprised the established agricultural unit at the time it came into existence;

(b)in the case of an established agricultural unit which exists on 24th July 2023, all the land which comprised the established agricultural unit at the time it came into existence;

(c)in any other case, all the land which comprises the established agricultural unit at the time it comes into existence.]

Class R – agricultural buildings to a flexible commercial useE+W

[F170Permitted developmentE+W

R.  Development consisting of a change of use of a building and any land within its curtilage from a use as an agricultural building to a flexible use—

(a)falling within one of the following provisions of the Use Classes Order—

(i)Class B2 (general industrial) of Schedule 1;

(ii)Class B8 (storage or distribution) of Schedule1;

(iii)Class C1 (hotels) of Schedule 1;

(iv)Class E (commercial, business or service) of Schedule 2; or

(v)Class F.2(c) (outdoor sport or recreation) of Schedule 2; or

(b)for the provision of agricultural training.]

Development not permittedE+W

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

(a)the building was not used solely for an agricultural use as part of an established agricultural unit—

(i)on 3rd July 2012;

(ii)in the case of a building which was in use before that date but was not in use on that date, when it was last in use, or

(iii)in the case of a building which was brought into use after 3rd July 2012, for a period of at least 10 years before the date development under Class R begins;

(b)the cumulative floor space of buildings which have changed use under Class R within an established agricultural unit exceeds [F1711,000 square metres];

(c)the site is, or forms part of, a military explosives storage area;

(d)the site is, or forms part of, a safety hazard area; or

(e)the building is a listed building or a scheduled monument.

Textual Amendments

ConditionsE+W

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

(a)a site which has changed use under Class R may, subject to paragraph R.3, subsequently change use to another use falling within one of the use classes comprising the flexible use;

(b)for the purposes of the Use Classes Order and this Order, after a site has changed use under Class R the site is to be treated as having a sui generis use;

(c)after a site has changed use under Class R, the planning permissions granted by [F172Class E] of Part 7 of this Schedule apply to the building, subject to the following modifications—

(i)curtilage” has the meaning given in paragraph X (interpretation) of this Part;

(ii)any reference to “office building” is to be read as a reference to the building which has changed use under Class R.

[F173(d)where the site is to be used for general industrial purposes within Class B2, it must only be used for the processing of—

(i)raw goods, excluding livestock, which are produced on the site and are to be sold on the site, or

(ii)raw goods mentioned in paragraph (i) together with goods ancillary to the processing of those raw goods]

R.3—(1) Before changing the use of the site under Class R, and before any subsequent change of use to another use falling within one of the use classes comprising the flexible use, the developer must—E+W

(a)where the cumulative floor space of the building or buildings which have changed use under Class R within an established agricultural unit does not exceed 150 square metres, provide the following information to the local planning authority—

(i)the date the site will begin to be used for any of the flexible uses;

(ii)the nature of the use or uses; and

(iii)a plan indicating the site and which buildings have changed use;

(b)where the cumulative floor space of the building or buildings which have changed use under Class R within an established agricultural unit exceeds 150 square metres, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—

(i)transport and highways impacts of the development;

(ii)noise impacts of the development;

(iii)contamination risks on the site; and

(iv)flooding risks on the site,

and the provisions of paragraph W (prior approval) apply in relation to that application.

(2) Subject to sub-paragraph (3), development under Class R of the type described in paragraph R.3(1)(b) must begin within a period of 3 years starting with the prior approval date.

(3) Where, in relation to a particular development under Class R of the type described in paragraph R.3(1)(b), planning permission is granted on an application in respect of associated operational development before the end of the period referred to in sub-paragraph (2), then development under Class R must begin within the period of 3 years starting with the date that planning permission is granted.

(4) For the purposes of sub-paragraph (3), “associated operational development” means building or other operations in relation to the same building or land which are reasonably necessary to use the building or land for the use proposed under Class R.

Interpretation of Class RE+W

R.4  For the purposes of Class R, “flexible use” means use of any building or land for a use falling within the list of uses set out in Class R and change of use (in accordance with Class R) between any use in that list.

Class S – agricultural buildings to state-funded school F174...E+W

Textual Amendments

Permitted developmentE+W

S.  Development consisting of a change of use of a building and any land within its curtilage from a use as an agricultural building to use as a state-funded school [F175falling within Class F.1(a) (provision of education) of Schedule 2 to the Use Classes Order] .

Development not permittedE+W

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

(a)the building was not used solely for an agricultural use as part of an established agricultural unit—

(i)on 20th March 2013, or

(ii)in the case of a building which was in use before that date but was not in use on that date, when it was last in use, or

(iii)in the case of a building which was brought into use after 20th March 2013, for a period of at least 10 years before the date development under Class S begins;

(b)the cumulative area of—

(i)floor space within the existing building or buildings, and

(ii)land within the curtilage of that building or those buildings,

changing use under Class S within an established agricultural unit exceeds 500 square metres;

(c)the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained;

(d)less than 1 year before the date development begins—

(i)an agricultural tenancy over the site has been terminated, and

(ii)the termination was for the purpose of carrying out development under Class S,

unless both the landlord and the tenant have agreed in writing that the site is no longer required for agricultural use;

(e)development under Class A(a) or Class B(a) of Part 6 of this Schedule (agricultural buildings and operations) has been carried out on the established agricultural unit—

(i)since 20th March 2013; or

(ii)where development under Class Q begins after 20th March 2023, during the period which is 10 years before the date development under Class Q begins;

(f)the site is, or forms part of—

(i)a site of special scientific interest;

(ii)a safety hazard area; or

(iii)a military explosives storage area;

(g)the site is, or contains, a scheduled monument; or

(h)the building is a listed building.

ConditionsE+W

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

[F176(a)the site is to be used as a state-funded school falling within Class F.1(a) of Schedule 2 to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use of the site as such a state-funded school; and]

(b)before changing the use of the site under Class S the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—

(i)transport and highways impacts of the development,

(ii)noise impacts of the development,

(iii)contamination risks on the site,

(iv)flooding risks on the site, and

(v)whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change to use as a state-funded school F177...,

and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

(2) Subject to sub-paragraph (3), development under Class S must begin within a period of 3 years starting with the prior approval date.

(3) Where, in relation to a particular development under Class S, planning permission is granted on an application in respect of associated operational development before the end of the period referred to in sub-paragraph (2), then development under Class S must begin within the period of 3 years starting with the date that planning permission is granted.

(4) For the purposes of sub-paragraph (3), “associated operational development” means building or other operations in relation to the same building or land which are reasonably necessary to use the building or land for the use proposed under Class S.

Class T – [F178commercial, business and service, hotels etc to state-funded schools]E+W

[F179Permitted developmentE+W

T.   Development consisting of a change of use of a building and any land within its curtilage from a use falling within one of the following provisions of the Use Classes Order—

(a)Class C1 (hotels) of Schedule 1;

(b)Class C2 (residential institutions) of Schedule 1;

(c)Class C2A (secure residential institutions) of Schedule 1; or

(d)Class E (commercial, business or service) of Schedule 2,

to use as a state-funded school falling within Class F.1(a) of Schedule 2 to that Order.]

Development not permittedE+W

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

F180(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the site is, or forms part of, a military explosives storage area;

(c)the site is, or forms part of, a safety hazard area; or

(d)the building is a listed building or a scheduled monument.

ConditionsE+W

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

[F181(a)the site is to be used as a state-funded school falling within Class F.1(a) of Schedule 2 to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use of the site as such a state-funded school;]

(b)before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the local planning authority will be required as to—

(i)transport and highways impacts of the development;

(ii)noise impacts of the development; and

(iii)contamination risks on the site,

and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

(2) Subject to sub-paragraph (3), development under Class T must begin within a period of 3 years starting with the prior approval date.

(3) Where, in relation to a particular development under Class T, planning permission is granted on an application in respect of associated operational development before the end of the period referred to in sub-paragraph (2), then development under Class T must begin within the period of 3 years starting with the date that planning permission is granted.

(4) For the purposes of sub-paragraph (3), “associated operational development” means building or other operations in relation to the same building or land which are reasonably necessary to use the building or land for the use proposed under Class T.

Class U – return to previous use from converted state-funded school or registered nurseryE+W

Permitted developmentE+W

U.  Development consisting of a change of use of land from a use permitted by Class T to the previous lawful use of the land.

Class V – changes of use permitted under a permission granted on an applicationE+W

Permitted developmentE+W

V.  Development consisting of a change of 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 permittedE+W

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

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

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

(c)the development would consist of a change of use of a building to use as betting office or pay day loan shop; or

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

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

W.—(1) The following provisions apply where under this Part a developer is required to make an application to a local planning authority for a determination as to whether the prior approval of the authority will be required.

(2) The application must be accompanied by—

(a)a written description of the proposed development, which, in relation to development proposed under Class F182... M, N or Q of this Part, must [F183in the same application] include any building or other operations;

(b)a plan indicating the site and showing the proposed development;

[F184(ba)in relation to development proposed under Classes [F185G] M, [F186MA,] N, O, P, PA and Q of this Part, a statement specifying the net increase in dwellinghouses proposed by the development (for the purposes of this sub-paragraph, “net increase in dwellinghouses” is the number of dwellinghouses proposed by the development that is additional to the number of dwellinghouses on the site immediately prior to the development);]

[F187(bb)in relation to development proposed under Class Q of this Part, a statement specifying—

(i)the number of dwellinghouses proposed, and

(ii)whether previous development has taken place under Class Q within the established agricultural unit and, if so, the number of dwellinghouses and the cumulative floor space developed under Class Q;]

[F188(bc)in relation to development proposed under Class [F189G,] M, [F190MA,] N, O, PA or Q of this Part, a floor plan indicating [F191the total floor space in square metres of each dwellinghouse,] the dimensions and proposed use of each room, the position and dimensions of windows, doors and walls, and the elevations of the dwellinghouses;]

(c)the developer's contact address;

(d)the developer's email address if the developer is content to receive communications electronically; and

(e)where sub-paragraph (6) requires the Environment Agency M39 to be consulted, a site-specific flood risk assessment,

together with any fee required to be paid.

[F192(2ZA) For the purposes of sub-paragraph (2)(bb)(ii), previous development within the established agricultural unit includes any development under Class Q that—

(a)ceased to be part of the established agricultural unit after it was developed, or

(b)was developed after the site ceased to be part of the established agricultural unit where any other site on the established agricultural unit had already been developed under Class Q;]

[F193(2A)   Where the application relates to prior approval as to adequate natural light, the local planning authority must refuse prior approval if adequate natural light is not provided in all the habitable rooms of the dwellinghouses.]

(3) The local planning authority may refuse an application where, in the opinion of the authority—

(a)the proposed development does not comply with, or

(b)the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with,

any conditions, [F194except for conditions in paragraph [F195G.1(d)(iv), paragraph M.2(1)(f), paragraph MA.2(1)(f),] paragraph N.2(1)(e), paragraph O.2(1)(e), paragraph PA.2(1)(v), or paragraph Q.2(1)(g),] limitations or restrictions specified in this Part as being applicable to the development in question.

(4) Sub-paragraphs (5) to (8) and (10) do not apply where a local planning authority refuses an application under sub-paragraph (3) and for the purposes of section 78 (appeals) of the Act such a refusal is to be treated as a refusal of an application for approval.

(5) Where the application relates to prior approval as to transport and highways impacts of the development, on receipt of the application, where in the opinion of the local planning authority the development is likely to result in a material increase or a material change in the character of traffic in the vicinity of the site, the local planning authority must consult—

(a)where the increase or change relates to traffic entering or leaving a trunk road, the highway authority for the trunk road;

(b)the local highway authority, where the increase or change relates to traffic entering or leaving a classified road or proposed highway, except where the local planning authority is the local highway authority; and

(c)the operator of the network which includes or consists of the railway in question, and the Secretary of State for Transport, where the increase or change relates to traffic using a level crossing over a railway.

(6) Where the application relates to prior approval as to the flooding risks on the site, on receipt of the application, the local planning authority must consult the Environment Agency M40 where the development is—

(a)in an area within Flood Zone 2 or Flood Zone 3; or

(b)in an area within Flood Zone 1 which has critical drainage problems and which has been notified to the local planning authority by the Environment Agency for the purpose of paragraph (zc)(ii) in the Table in Schedule 4 to the Procedure Order.

(7) The local planning authority must notify the consultees referred to in sub-paragraphs (5) and (6) specifying the date by which they must respond (being not less than 21 days from the date the notice is given).

(8) The local planning authority must give notice of the proposed development—

(a)by site display in at least one place on or near the land to which the application relates for not less than 21 days of a notice which—

(i)describes the proposed development;

(ii)provides the address of the proposed development;

(iii)specifies the date by which representations are to be received by the local planning authority; or

(b)by serving a notice in that [F196form—]

[F196(i)on any adjoining owner or occupier; and

(ii)where the proposed development relates to part of a building, on any owner or occupier of the other part or parts of the building]

(9) The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application, which may include—

(a)assessments of impacts or risks;

(b)statements setting out how impacts or risks are to be mitigated; or

(c)details of proposed building or other operations.

(10) The local planning authority must, when determining an application—

(a)take into account any representations made to them as a result of any consultation under sub-paragraphs (5) or (6) and any notice given under sub-paragraph (8);

[F197(b) have regard to the National Planning Policy Framework issued by the Ministry of Housing, Communities and Local Government in [F198July 2021], so far as relevant to the subject matter of the prior approval, as if the application were a planning application; and]

(c)in relation to the contamination risks on the site—

(i)determine whether, as a result of the proposed change of use, taking into account any proposed mitigation, the site will be contaminated land as described in Part 2A of the Environmental Protection Act 1990 M41, and in doing so have regard to the Contaminated Land Statutory Guidance issued by the Secretary of State for the Environment, Food and Rural Affairs in April 2012 M42, and

(ii)if they determine that the site will be contaminated land, refuse to give prior approval.

(11) The development must not begin 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)the receipt by the applicant from the local planning authority of a written notice giving their prior approval; or

(c)the expiry of 56 days following the date on which the application under sub-paragraph (2) was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.

(12) The development must be carried out—

(a)where prior approval is required, in accordance with the details approved by the local planning authority;

(b)where prior approval is not required, or where sub-paragraph (11)(c) applies, in accordance with the details provided in the application referred to in sub-paragraph (1),

unless the local planning authority and the developer agree otherwise in writing.

(13) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.

[F199(14) When computing the number of days in sub-paragraph (8)(a), any day which is a public holiday must be disregarded.]

Textual Amendments

F199Sch. 2 Pt. 3 para. W.(14) inserted (coming into force in accordance with art. 1(6) of the amending S.I.) by The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018 (S.I. 2018/119), art. 26(2)

Marginal Citations

M39A body established under section 1 of the Environment Act 1995 (c. 25).

M40A body established under section 1 of the Environment Act 1995 (c. 25).

M411990 c. 25. Part 2A was inserted by section 57 of the Environment Act 1995 (c. 25). See in particular section 78(2), was amended by section 86 of the Water Act 2003 (c. 37).

M42https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/223705/pb13735cont-land-guidance.pdf

Interpretation of Part 3E+W

X.  For the purposes of Part 3—

agricultural building” means a building (excluding a dwellinghouse) used for agriculture and which is so used for the purposes of a trade or business; and “agricultural use” refers to such uses;

agricultural tenancy” means a tenancy under—

(a)

the Agricultural Holdings Act 1986 M43; or

(b)

the Agricultural Tenancies Act 1995 M44;

curtilage” means, for the purposes of Class F200... R or S only—

(a)

the piece of land, whether enclosed or unenclosed, immediately beside or around the agricultural building, closely associated with and serving the purposes of the agricultural building, or

(b)

an area of land immediately beside or around the agricultural building no larger than the land area occupied by the agricultural building,

whichever is the lesser;

established agricultural unit” means agricultural land occupied as a unit for the purposes of agriculture—

(a)

for the purposes of Class R, on or before 3rd July 2012 or for 10 years before the date the development begins; or

(b)

for the purposes of Class Q or S, on or before 20th March 2013 or for 10 years before the date the development begins;

[F201“habitable rooms” means any rooms used or intended to be used for sleeping or living which are not solely used for cooking purposes, but does not include bath or toilet facilities, service rooms, corridors, laundry rooms, hallways or utility rooms;]

pay day loan shop” has the meaning given in the Use Classes Order M45;

prior approval date” means the date on which—

(a)

prior approval is given; or

(b)

a determination that such approval is not required is given or the period for giving such a determination set out in paragraph W(11)(c) of this Part has expired without the applicant being notified whether prior approval is required, given or refused;

registered nursery” means non-domestic premises in respect of which a person is registered under Part 3 of the Childcare Act 2006 M46 to provide early years provision;

site” means the building and any land within its curtilage;

state-funded school” means a school funded wholly or mainly from public funds, including—

(a)

an Academy school, an alternative provision Academy or a 16 to 19 Academy established under the Academies Act 2010 M47;

(b)

a school maintained by a local authority, as defined in section 142(1) of the School Standards and Framework Act 1998 M48; and

sui generis use” means a use for which no class is specified in [F202Schedule 1 or 2] to the Use Classes Order.

Textual Amendments

Marginal Citations

M431986 c. 5; relevant amendments are made by Schedule 12 to the Education Reform Act 1988 (c. 40), the Schedule to the Agricultural Tenancies Act 1995 (c. 8), Schedule 8 to the Civil Partnership Act 2004 (c. 33) and S.I. 2006/2805 and 2013/1036.

M441995 c. 8; relevant amendments are made by Schedule 8 to the Civil Partnership Act 2004, and S.I. 2006/2805 and 2013/1036.

M45S.I. 1987/764. The definition of “pay day loan shop” was inserted by S.I. 2015/597.

M462006 c. 21. See in particular: section 34 regarding the need for a person to be registered in respect of premises; section 96 in relation to the definition of “early years provision”; and section 98 in relation to the definition of “premises” (to which there are amendments not relevant to this Order). There are other amendments to the 2006 Act but none are relevant to this Order.

M472010 c. 32; see in particular sections 1 to 1C. Relevant amendments are made by Part 6 of the Education Act 2011 (c. 21).

M481998 c. 31. The definition was amended by S.I. 2010/1158; there are other amendments to section 142(1) but none are relevant to this Order.

PART 4E+WTemporary buildings and uses

Class A – temporary buildings and structuresE+W

Permitted developmentE+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 permittedE+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.

ConditionsE+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 is removed, and

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

Class B – temporary use of landE+W

Permitted developmentE+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 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.

Development not permittedE+W

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

F203(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F204(c)the use of the land is for the siting of any caravan except a caravan which—

(i)is a motor vehicle designed or adapted for human habitation; and

(ii)is sited on the land in connection with a festival;]

(d)the land is, or is within, a site of special scientific interest 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; or

(iii)any war game[F205;]

(e)the use of the land is for the display of an advertisement[F206; or

(f)the use of land is for camping, except when in connection with a festival.]

[F207 Class BA - additional temporary use of land during the relevant period E+W

Permitted developmentE+W

BA.  The use of any land, in addition to that permitted by Class B of Part 4 of Schedule 2, 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.

Development not permittedE+W

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

(a)the land in question is a building or is within the curtilage of a listed 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)motor car and motorcycle racing including trials of speed or other motor sports, and practising for these activities;

(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 BAE+W

BA.2  For the purposes of Class BA—

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 BA of Part 12, of this Schedule; and

“the relevant period” means [F2081st January 2021 to 31st December 2021].]

Textual Amendments

[F209Class BB – moveable structures for historic visitor attractions and listed pubs, restaurants etcE+W

Permitted developmentE+W

BB.  The provision of one moveable structure within the curtilage, and for the purposes, of—

(a)a listed building used for a purpose within—

(i)article 3(6)(p) or (q) (drinking establishments etc.) of the Use Classes Order; or

(ii)Class E(b) (sale of food and drink etc.) of Schedule 2 to that Order; or

(b)a historic visitor attraction.

Development not permittedE+W

BB.1.   Development is not permitted by Class BB—

(a)on land which is or forms part of a scheduled monument or land within its curtilage;

(b)if any part of the moveable structure would be within 2 metres of the curtilage of any adjacent land that is used for a purpose within Part C (residential uses) of Schedule 1 to the Use Classes Order;

(c)if it would result in provision of a moveable structure being made within the curtilage of a building under Class BB on a total of more than 120 days in the relevant period;

(d)if the height of the moveable structure would exceed 3 metres;

(e)if the footprint of the moveable structure would exceed the lesser of—

(i)50% of the footprint of the building, or

(ii)50 square metres;

(f)if the moveable structure is used for the display of an advertisement.

ConditionsE+W

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

(a)where the moveable structure provided under Class BB is removed, the land must, as soon as reasonably practicable and so far as reasonably practicable, be reinstated to its original condition;

(b)before a moveable structure is provided under Class BB (whether for the first time, or following the expiry of the relevant period), the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—

(i)the siting of the moveable structure, and

(ii)the method by which it is to be installed,

and paragraph BB.3 applies in relation to that application.

Procedure for applications for prior approval under Class BBE+W

BB.3.(1) This paragraph applies where under Class BB a developer is required to make an application to the local planning authority for a determination as to whether the prior approval of the authority will be required.

(2) The application must be accompanied by—

(a)a written description of the proposed development;

(b)a plan indicating the site and showing the proposed development;

(c)a statement setting out the proposed methods of—

(i)installing the moveable structure; and

(ii)reinstating the land to its original condition once the moveable structure is removed;

(d)the developer’s contact address; and

(e)the developer’s email address if the developer is content to receive communications electronically,

together with any fee required to be paid.

(3) The local planning authority may refuse an application where, in the opinion of the authority—

(a)the proposed development does not comply with, or

(b)the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with,

any conditions and limitations specified in Class BB as being applicable to the development in question.

(4) Sub-paragraphs (5) to (7) and (9) do not apply where a local planning authority refuses an application under sub-paragraph (3) and for the purposes of section 78 (appeals) of the Act such a refusal is to be treated as a refusal of an application for approval.

(5) On receipt of the application, the local planning authority must consult Historic England.

(6) The local planning authority must notify Historic England specifying the date by which they must respond (being not less than 21 days from the date the notice is given).

(7) The local planning authority must give notice of the proposed development—

(a)by site display in at least one place on or near the land to which the application relates for not less than 21 days of a notice which—

(i)describes the proposed development;

(ii)provides the address of the proposed development;

(iii)specifies the date by which representations are to be received by the local planning authority; or

(b)by serving a notice in that form on any adjoining owner or occupier.

(8) The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application.

(9) The local planning authority must, when determining an application—

(a)take into account any representations made to them as a result of consultation under sub-paragraph (5) and any notice given under sub-paragraph (7); and

(b)have regard to the National Planning Policy Framework issued by the Ministry of Housing, Communities and Local Government in July 2021, so far as relevant to the subject matter of the prior approval, as if the application were a planning application.

(10) The development must not begin 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)the receipt by the applicant from the local planning authority of a written notice giving their prior approval; or

(c)the expiry of 56 days following the date on which the application referred to in sub-paragraph (2) was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.

(11) The development must be carried out—

(a)where prior approval is required, in accordance with the details approved by the local planning authority;

(b)where prior approval is not required, or where sub-paragraph (10)(c) applies, in accordance with the details provided in the application referred to in sub-paragraph (2), unless the local planning authority and the developer agree otherwise in writing.

(12) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.

(13) When computing the number of days in sub-paragraph (7)(a), any day which is a public holiday must be disregarded.

Interpretation of Class BBE+W

BB.4.  For the purposes of Class BB—

footprint”, in relation to a building or a moveable structure, means the total area of ground covered by the building or moveable structure;

historic visitor attraction” means a listed building accessible by members of the public (whether or not for an entry fee) for the purposes of promoting their enjoyment, and advancing their knowledge, of the building;

original condition”, in relation to land on which a moveable structure is provided, means the condition of the land before the moveable structure was provided;

relevant period” means the period of 12 months beginning with the day on which one of the events described in paragraph BB.3(10) occurs.]

[F210Class BC – temporary recreational campsitesE+W

Permitted developmentE+W

BC.  Development consisting of—

(a)the use of any land as a recreational campsite for not more than 60 days in total in any calendar year; and

(b)the provision on such land of—

(i)not more than 50 pitches; and

(ii)any moveable structure reasonably necessary for the purposes of the permitted use.

Development not permittedE+W

BC.1  Development is not permitted by Class BC—

(a)on a site of a scheduled monument;

(b)in a safety hazard area;

(c)in a military explosives storage area;

(d)on a site of special scientific interest;

(e)on a site of a listed building;

(f)for the siting of any caravan except a caravan which is used as a motor vehicle designed or adapted for human habitation.

ConditionsE+W

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

(a)the developer must make on-site provision for users of the campsite of toilet and waste disposal facilities;

(b)the developer must notify the local planning authority in writing before commencement of development in each calendar year, providing a copy of the site plan, which must include particulars of—

(i)toilet and waste disposal facilities; and

(ii)the dates on which the site will be in use;

(c)the local planning authority (if not the same body as the fire and rescue authority in an area) must as soon as practicable provide to the relevant fire and rescue authority the notice described in paragraph BC.2(b); and

(d)where the proposed development is on land within Flood Zone 2 or Flood Zone 3, the permitted development is subject to prior approval by the local planning authority before commencement of development in each calendar year.

Procedure for applications for prior approval under Class BCE+W

BC.3(1) The following provisions apply where under Class BC a developer is required to apply to the local planning authority for prior approval.

(2) The application must be accompanied by—

(a)a site-specific flood risk assessment, including provision for warning and evacuation; and

(b)any fee required to be paid.

(3) On receipt of the application, the local planning authority must notify and consult the Environment Agency specifying the date by which they must respond (being not less than 21 days from the date the notice is given).

(4) The local planning authority must, when determining the application—

(a)take into account the response by the Environment Agency; and

(b)have regard to the National Planning Policy Framework issued by the Department for Levelling Up, Housing and Communities in July 2021 so far as relevant to the subject matter of the prior approval, as if the application were a planning application.

(5) The development must not begin before either—

(a)the receipt by the developer from the local planning authority of a written notice giving their prior approval; or

(b)the expiry of 56 days following the date on which the application was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.

(6) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval. ]

Class C – use as a state-funded school for [F2112 academic years] E+W

Textual Amendments

Permitted developmentE+W

C.  The use of a building and any land within its curtilage as a state-funded school [F212falling within Class F.1(a) (provision of education) of Schedule 2 to the Use Classes Order] for [F2132 academic years].

Development not permittedE+W

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

(a)the existing use of the site is not a class of use specified in [F214Schedule 1 or 2] to the Use Classes Order;

(b)the site is, or forms part of, a military explosives storage area;

(c)the site is, or forms part of, a safety hazard area;

(d)the building is a listed building or a scheduled monument; or

[F215(e)the building is used for a purpose falling within [F216Class F.2 (local community) of Schedule 2 to the Use Classes Order].]

ConditionsE+W

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

(a)the site must be approved for use as a state-funded school by the relevant Minister;

(b)the relevant Minister must notify the local planning authority of the approval and of the proposed opening date of the school;

(c)the site is to be used as a state-funded school and for no other purpose, including any other purpose falling within [F217Class F.1(a) (provision of education) of Schedule 2] to the Use Classes Order, except to the extent that the other purpose is ancillary to the primary use of the site as a state-funded school;

[F218(d)the permission is granted for up to 2 academic years and it may only be used once in relation to a particular site;] F219...

[F220(da)for the purposes of the Use Classes Order as it applies to Class T of Part 3 of Schedule 2 to this Order, during the period of use as a state-funded school the building and any land within its curtilage retains the use class it had before changing to the use as a state-funded school;

(db)for the purposes of Class S of Part 3 of Schedule 2 to this Order, during the period of use as a state-funded school the building and any land within its curtilage retains the use as an agricultural building before changing to the use as a state-funded school; and]

[F221(e)the site reverts to its previous lawful use at the end of the second academic year or when it is no longer required for use as a state-funded school, whichever is earlier; and]

F222(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class CE+W

C.3  For the purposes of Class C—

academic year” means any period beginning with 1st August and ending with the next 31st July;

F223...

F223...

F223...

relevant Minister” means the Secretary of State with policy responsibility for schools;

state-funded school” means a school funded wholly or mainly from public funds, including—

(a)

an Academy school, an alternative provision Academy or a 16 to 19 Academy established under the Academies Act 2010;

(b)

a school maintained by a local authority, as defined in section 142(1) of the School Standards and Framework Act 1998;

F223...

F223...

Textual Amendments

[F224Class CA – provision of a temporary state-funded school on previously vacant commercial landE+W

Permitted DevelopmentE+W

CA.  Development consisting of the provision of temporary school buildings on vacant commercial land and the use of that land as a state-funded school [F225falling within Class F.1(a) (provision of education) of Schedule 2 to the Use Classes Order] for up to 3 academic years.

Development not permittedE+W

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

(a)the new buildings provided would cover more than 50% of the total area of the site;

(b)the total floor space of the new buildings provided would exceed 2,500 square metres;

(c)the land was last used more than 10 years before the date on which the developer applies for prior approval under paragraph CA.2(1)(b);

(d)the site is, or forms part of—

(i)a site of special scientific interest,

(ii)a safety hazard area, or

(iii)a military explosives storage area;

(e)where any land adjacent to the site is used for a purpose within Part C of the Schedule to the Use Classes Order (residential purposes), any part of any temporary building provided is within 5 metres of the boundary of the curtilage of that residential land; or

(f)the height of any new building provided would exceed 7 metres.

ConditionsE+W

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

(a)the site must be approved for use as a state-funded school by the relevant Minister;

(b)before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the local planning authority will be required as to—

(i)transport and highways impacts of the development,

(ii)noise impacts of the development,

(iii)contamination risks of the site,

(iv)flooding risks on the site, and

(v)the siting and design of the development,

and the provisions of sub-paragraphs (2) to (13) of paragraph W (prior approval) of Part 3 of this Schedule apply in relation to that application, subject to the modifications in paragraph CA.2(2);

(c)development under Class CA must begin within a period of 3 years starting with the prior approval date;

(d)the permission is granted for 3 academic years and it may be used only once in relation to a particular site; and

(e)any building is removed from the land at the end of the third academic year or, if earlier, when it is no longer required for use as a state-funded school, and the land is 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.

(2) Sub-paragraphs (2) to (13) of paragraph W (prior approval) of Part 3 of this Schedule are to be read as if—

(a)in sub-paragraph (2)(a), the words following “proposed development” were omitted;

(b)sub-paragraph (2)(ba) were omitted; and

(c)in sub-paragraph (3), the words “in this Part” were omitted.

Interpretation of Class CAE+W

CA.3.  For the purposes of Class CA—

“academic year”, “relevant Minister” and “state-funded school” have the meanings given in paragraph C.3;

“prior approval date” means the date on which—

(a)

prior approval is given; or

(b)

a determination that such prior approval is not required is given or the period for giving such a determination set out in paragraph W(11)(c) of Part 3 of this Schedule (as applied with modifications by paragraph CA.2(2)) has expired without the applicant being notified whether prior approval is required, given or refused; and

“vacant commercial land” means any land on which—

(a)

all buildings have been demolished; and

(b)

[F226which was last used for a purpose falling within one of the following provisions of the Use Classes Order—

(i)

Class C1 (hotels) of Schedule 1;

(ii)

Class C2 (residential institutions) of Schedule 1;

(iii)

Class C2A (secure residential institutions) of Schedule 1;

(iv)

Class E (commercial, business and service) of Schedule 2.]]

[F227Class CB – temporary provision of buildings for a school with a RAAC-affected building E+W

Permitted Development E+W

CB.  The temporary provision of buildings on school land where the school has a RAAC-affected building.

Development not permitted E+W

CB.1.  Development is not permitted by Class CB—

(a)if the school land covered by the building provided is, or forms part of—

(i)a site of special scientific interest,

(ii)a safety hazard area,

(iii)a military explosives storage area, or

(iv)a scheduled monument or land within its curtilage;

(b)if any part of any building provided would be within 5 metres of the boundary of the curtilage of land adjacent to the school land, where that adjacent land is used for a purpose within Part C (residential purposes) of Schedule 1 to the Use Classes Order;

(c)if any building provided would have more than two storeys;

(d)if the height of any building provided would exceed 9 metres;

(e)after the end of the period of three years beginning on 25th October 2023 and ending at 11.59 p.m. on 24th October 2026.

Conditions E+W

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

(a)the combined floor space of any buildings provided under Class CB is not more than 125% of the combined floor space of the parts of the RAAC-affected buildings which have been vacated due to the presence of RAAC;

(b)at the relevant time, the school must provide a written notification to the local planning authority which includes all of the following—

(i)the date or expected date of the beginning of development;

(ii)the address of the school;

(iii)the contact address for the school;

(iv)the size of the area, in square metres, of the combined floor space of the parts of the RAAC-affected buildings which have been vacated due to the presence of RAAC;

(v)the size of the area, in square metres, of the combined floor space of any buildings which form part of this development and any buildings provided under previous developments under Class CB (excluding buildings which are no longer provided);

(vi)a written description of the development;

(vii)a plan indicating the school’s school land, and any buildings on that land, and showing the development;

(viii)confirmation that there is a RAAC-affected building on the school’s school land;

(c)at the relevant time, the school must also provide to the relevant fire and rescue authority a copy of the notification described in sub-paragraph (b);

(d)the development does not result in an increase to the school’s published admission number;

(e)buildings are placed so as to minimise, so far as practicable, any reduction in the amount of the school land—

(i)used as playing fields;

(ii)used as space available for the parking or turning of vehicles;

(f)any building provided under Class CB is removed from the school’s school land—

(i)as soon as reasonably practicable after such time as each RAAC-affected building on the school’s school land has been remediated or replaced; or

(ii)before the period in CB.1(e) has elapsed,

whichever is the sooner;

(g)following the removal of any building provided under Class CB, as soon as reasonably practicable the school land used in connection with the provision of that building is restored to the condition it was in before the development took place.

Interpretation of Class CB E+W

CB.3.  For the purposes of Class CB—

published admission number” has the meaning given in paragraph M.3 of Part 7 of this Schedule;

RAAC” means reinforced autoclaved aerated concrete;

RAAC-affected building” means a building on school land which has been vacated, in whole or in part, pursuant to a decision by the school, in discharge of its health and safety obligations, that the building should be vacated due to the presence of RAAC;

relevant time” means—

(a)

where development begins after 25th October 2023, before development begins or as soon as reasonably practicable after it has begun;

(b)

where development begins on or before 25th October 2023, as soon as reasonably practicable after that date;

school” does not include buildings or land provided at any time under Class C or CA;

school land” means land available for use by a school for a purpose falling within Class F.1(a) (provision of education) of Schedule 2 to the Use Classes Order.]

Class D – [F228commercial, business and service etc to temporary flexible use]E+W

Permitted developmentE+W

D.  Development consisting of a change of use of a building and any land within its curtilage—

[F229(a)from a use falling within one of the following provisions of the Use Classes Order—

(i)article 3(6)(n) (betting office);

(ii)article 3(6)(o) (pay day loan shop);

(iii)article 3(6)(r) (hot food takeaway); or

(iv)Class E (commercial, business and service) of Schedule 2,

(b)to a flexible use falling within one of the following provisions of Schedule 2 to that Order—

(i)Class E (commercial, business and service);

(ii)Class F.1(b) (display of art);

(iii)Class F.1(c) (museum);

(iv)Class F.1(d) (public library or public reading room); or

(v)Class F.1(e) (public hall or exhibition hall),]

for a single continuous period of up to [F2303 years] beginning on the date the building and any land within its curtilage begins to be used for the flexible use or on the date given in the notice under paragraph D.2(a), whichever is the earlier.

Development not permittedE+W

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

(a)the change of use relates to more than 150 square metres of floor space in the building;

(b)the site has at any time in the past relied upon the permission granted by Class D;

(c)the site is, or forms part of, a military explosives storage area;

(d)the site is, or forms part of, a safety hazard area;

(e)the building is a listed building or a scheduled monument; or

F231(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ConditionsE+W

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

(a)the developer must notify the local planning authority of the date the site will begin to be used for one of the flexible uses, and what that use will be, before the use begins;

(b)at any given time during the [F2323 year] period referred to in Class D the site is used for a purpose or purposes falling within just one of the use classes comprising the flexible use;

(c)the site may at any time during the [F2333 year] period change use to a use falling within one of the other use classes comprising the flexible use, subject to further notification as provided in paragraph (a);

(d)for the purposes of the Use Classes Order and this Order, during the period of flexible use the site retains the use class it had before changing to any of the flexible uses under Class D;

(e)the site reverts to its previous lawful use at the end of the period of flexible use;

F234(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class DE+W

D.3  For the purposes of Class D—

  • F235...

  • flexible use” means use of any building or land for a use falling within the list of uses set out in Class D(b) and change of use (in accordance with Class D) between any use in that list.

Textual Amendments

[F236Class DA - Restaurants and cafes, drinking establishments and drinking establishments with expanded food provision to temporarily provide takeaway foodE+W

Textual Amendments

Permitted DevelopmentE+W

DA.  Development consisting of a change of use of a building and any land within its curtilage from—

(a)a use falling within—

[F237(i)article 3(6)(p) (drinking establishments etc.) of the Use Classes Order;

(ii)article 3(6)(q) (drinking establishments with expanded food provision) of that Order; or

(iii)Class E(b) (sale of food and drink mostly for consumption on the premises) of Schedule 2 to that Order; or]

(b)a mixed use for any purpose within [F238article 3(6)(p) and Class E(b),] F239...

F240(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to a use, at any time during the period beginning with 10.00 a.m. on 24th March 2020 and ending with [F24123rd March 2022] (“the relevant period”), for the provision of takeaway food.

ConditionsE+W

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

(a)the developer must notify the local planning authority if the building and any land within its curtilage is being used, or will be used, for the provision of takeaway food at any time during the relevant period;

(b)for the purposes of the Use Classes Order and this Order, change of use to the provision of takeaway food under Class DA during the relevant period does not affect the use class which the building and any land within its curtilage had before the change of use; and

(c)if the developer changes use to the provision of takeaway food under Class DA during the relevant period, the use of the building and any land within its curtilage reverts to its previous lawful use at the end of the relevant period or, if earlier, when the developer ceases to provide takeaway food under Class DA.

Interpretation of Class DAE+W

DA.2.  For the purposes of Class DA—

the “provision of takeaway food” includes any use for any purpose within [F242article 3(6)(r) of] the Use Classes Order, and any use for the provision of hot or cold food that has been prepared for consumers for collection or delivery to be consumed, reheated or cooked by consumers off the premises.]

Class E – temporary use of buildings or land for film-making purposesE+W

Permitted developmentE+W

E.  Development consisting of—

(a)the temporary use of any land or buildings for a period not exceeding [F24312 months] in any 27 month period for the purpose of commercial film-making; and

(b)the provision on such land, during the filming period, of any temporary structures, works, plant or machinery required in connection with that use.

Development not permittedE+W

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

(a)the land in question, or the land on which the building in question is situated, is more than [F2443 hectares];

(b)the use of the land is for overnight accommodation;

(c)the height of any temporary structure, works, plant or machinery provided under Class E(b) exceeds [F24520 metres], or 5 metres where any part of the structure, works, plant or machinery is within 10 metres of the curtilage of the land;

(d)the land or building is on article 2(3) land;

(e)the land or the site on which the building is located is or forms part of—

(i)a site of special scientific interest;

(ii)a safety hazard area; or

(iii)a military explosives storage area;

(f)the land or building is, or contains, a scheduled monument; or

(g)the land or building is a listed building or is within the curtilage of a listed building.

ConditionsE+W

E.2—(1) Class E development is permitted subject to the condition that—

(a)any structure, works, plant or machinery provided under the permission must, as soon as practicable after the end of each filming period, be removed from the land; and

(b)the land on which any development permitted by Class E has been carried out must, as soon as reasonably practicable after the end of the filming period, be reinstated to its condition before that development was carried out.

(2) Class E development is permitted subject to the condition that before the start of each new filming period the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—

(a)the schedule of dates which make up the filming period in question and the hours of operation,

(b)transport and highways impacts of the development,

(c)noise impacts of the development,

(d)light impacts of the development, in particular the effect on any occupier of neighbouring land of any artificial lighting to be used, and

(e)flooding risks on the site,

and the provisions of paragraph E.3 apply in relation to that application.

Procedure for applications for prior approval under Class EE+W

E.3—(1) The following provisions apply where under Class E a developer is required to make an application to a local planning authority for a determination as to whether the prior approval of the authority will be required.

(2) The application must be accompanied by—

(a)a written description of the proposed development;

(b)a plan indicating the site and showing the proposed development;

(c)the developer's contact address;

(d)the developer's email address if the developer is content to receive communications electronically; and

(e)a site-specific flood risk assessment,

together with any fee required to be paid.

(3) The local planning authority may refuse an application where, in the opinion of the authority—

(a)the proposed development does not comply with, or

(b)the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with,

any conditions, limitations or restrictions specified in Class E as being applicable to the development in question.

(4) Sub-paragraphs (5) to (8) and (10) do not apply where a local planning authority refuses an application under sub-paragraph (3) and for the purposes of section 78 (appeals) of the Act such a refusal is to be treated as a refusal of an application for approval.

(5) On receipt of the application, where in the opinion of the local planning authority the development is likely to result in a material increase or a material change in the character of traffic in the vicinity of the site, the local planning authority must consult—

(a)where the increase or change relates to traffic entering or leaving a trunk road, the highway authority for the trunk road;

(b)the local highway authority, where the increase or change relates to traffic entering or leaving a classified road or proposed highway, except where the local planning authority is the local highway authority; and

(c)the operator of the network which includes or consists of the railway in question, and the Secretary of State for Transport, where the increase or change relates to traffic using a level crossing over a railway.

(6) On receipt of the application, the local planning authority must consult the Environment Agency M49 where the development is—

(a)in an area within Flood Zone 2 or Flood Zone 3; or

(b)in an area within Flood Zone 1 which has critical drainage problems and which has been notified to the local planning authority by the Environment Agency for the purpose of paragraph (zc)(ii) in the Table in Schedule 4 to the Procedure Order.

(7) The local planning authority must notify the consultees referred to in sub-paragraphs (5) and (6) specifying the date by which they must respond (being not less than 21 days from the date the notice is given).

(8) The local planning authority must give notice of the proposed development—

(a)by site display in at least one place on or near the land to which the application relates for not less than 21 days of a notice which—

(i)describes the proposed development;

(ii)provides the address of the proposed development;

(iii)specifies the date by which representations are to be received by the local planning authority; or

(b)by serving a notice in that form on any adjoining owner or occupier.

(9) The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application, which may include—

(a)assessments of impacts or risks; or

(b)statements setting out how impacts or risks are to be mitigated.

(10) The local planning authority must, when determining an application—

(a)take into account any representations made to them as a result of any consultation under sub-paragraphs (5) or (6) and any notice given under sub-paragraph (8); and

[F246(b) have regard to the National Planning Policy Framework issued by the Ministry of Housing, Communities and Local Government in [F247July 2021], so far as relevant to the subject matter of the prior approval, as if the application were a planning application.]

(11) The development must not begin 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)the receipt by the applicant from the local planning authority of a written notice giving their prior approval; or

(c)the expiry of 56 days following the date on which the application under sub-paragraph (2) was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.

(12) The development must be carried out—

(a)where prior approval is required, in accordance with the details approved by the local planning authority;

(b)where prior approval is not required, or where sub-paragraph (11)(c) applies, in accordance with the details provided in the application referred to in sub-paragraph (2),

unless the local planning authority and the developer agree otherwise in writing.

(13) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.

[F248(14) When computing the number of days in sub-paragraph (8)(a), any day which is a public holiday must be disregarded.]

Interpretation of Class EE+W

E.4  For the purposes of Class E—

broadcast or transmission” means—

(a)

broadcast of the film or television programme by—

(i)

a television programme provider, or

(ii)

any other person for commercial gain,

(b)

transmission of it, including over the internet, by—

(i)

a television programme provider, or

(ii)

any other person for commercial gain, or

(c)

theatrical release of it at the commercial cinema;

commercial film-making” means filming for broadcast or transmission but does not include the filming of persons paying to visit the site to participate in any leisure activity on that site including—

(a)

motor car and motorcycle racing including trials of speed or other motor sports, and practising for those activities, or

(b)

clay pigeon shooting or any war game;

filming period” means a period, not exceeding [F24912 months] in total, during which the land or building is used for commercial film-making (including activities preparatory to, or otherwise related to, that film-making) under Class E; and

television programme provider” has the meaning given in section 99(2) of the Broadcasting Act 1996 M50.

Textual Amendments

Marginal Citations

M501996 c. 55. There are amendments to section 99 which are not relevant to this Order.

Interpretation of Part 4E+W

F.  For the purposes of Part 4—

site” means the building and any land within its curtilage; and

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.

PART 5E+WCaravan sites and recreational campsites

Class A – use of land as caravan siteE+W

Permitted developmentE+W

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

ConditionE+W

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

Interpretation of Class AE+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 – development on caravan site required by conditionsE+W

Permitted developmentE+W

B.  Development required by the conditions of a site licence for the time being in force under the 1960 Act.

Class C – use of land by members of certain recreational organisationsE+W

Permitted developmentE+W

C.  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 permittedE+W

C.1  Development is not permitted by Class C if the land is a building or is within the curtilage of a dwellinghouse.

Interpretation of Class CE+W

C.2  For the purposes of Class C, “recreational organisation” means an organisation holding a certificate of exemption under section 269 of the Public Health Act 1936 (power of local authority to control use of moveable dwellings) M51.

Marginal Citations

M511936 c. 49; relevant amendments are made by section 30(1) of, and Schedule 4 to, the Caravan Sites and Control of Development Act 1960 (c. 62) and Schedule 6 to the Building Act 1984 (c. 55).

PART 6E+WAgricultural and forestry

Class A – agricultural development on units of 5 hectares or moreE+W

Permitted developmentE+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 permittedE+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 the erection or extension of any agricultural building on an established agricultural unit (as defined in paragraph X of Part 3 of this Schedule) where development under Class Q or S of Part 3 (changes of use) of this Schedule has been carried out within a period of 10 years ending with the date on which development under Class A(a) begins;

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

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

(e)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 [F250would exceed 1,000 square metres]; or

(ii)any building erected or extended or altered by virtue of Class A [F251would exceed 1,500 square metres],

F252... calculated as described in paragraph D.1(2)(a) of this Part;

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

(g)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;

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

(i)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;

(j)it would involve excavations or engineering operations on or over article 2(4) land which are connected with fish farming; F253...

(k)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 [F254; or

(l)the erection or extension of a building would be carried out on land or a building that is, or is within the curtilage of, a scheduled monument].

ConditionsE+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 are not used for the accommodation of livestock except in the circumstances described in paragraph D.1(3) of this Part or for the storage of slurry or sewage sludge, 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 is not moved off the unit;

(c)waste materials are not 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 are incorporated forthwith into the building or works in question.

(2) Subject to sub-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.1(4) of this Part, exceeds 0.5 hectares); 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 must, 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 as 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 must 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 must not begin 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 the applicant's 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 under sub-paragraph (2)(ii) 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)where the local planning authority give the applicant notice that such prior approval is required, the applicant must—

(aa)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; and

(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 (iv)(aa) has elapsed, the applicant is treated as having complied with the requirements of that sub-paragraph if the applicant has taken reasonable steps for protection of the notice and, if need be, its replacement;

(v)the development must, 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 must be carried out—

(aa)where approval has been given by the local planning authority, within a period of 5 years from the date on which approval was given;

(bb)in any other case, within a period of 5 years from the date on which the local planning authority were given the information referred to in paragraph (d)(ii).

(3) The conditions in sub-paragraph (2) do not apply to the extension or alteration of a building if the building is not on article 2(4) 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).

(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 10 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 3 of the Act, for development for purposes other than agriculture, within 3 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, must be removed from the land and the land must, 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 sub-paragraph (5)(b), within the period described in that paragraph, that period is extended until the appeal is finally determined or withdrawn.

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

Class B – agricultural development on units of less than 5 hectaresE+W

Permitted developmentE+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;