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

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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 [F1G,] M, [F2MA,] N, P [F3, 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)F4...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

[F5(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; F6...

[F7(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 [F8; or]

[F9(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;

[F10(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

[F11(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;

[F12(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 [F13and 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,

[F14together 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—

[F15(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.

F16(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(16) When computing the number of days in sub-paragraph (5)(d), any day which is a public holiday must be disregarded.]

Textual Amendments

F17Sch. 2 Pt. 1 Class A para. A.4(16) 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(1)

[F18Class AA - enlargement of a dwellinghouse by construction of additional storeysE+W

Textual Amendments

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 [F19G,] M, [F20MA,] 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.

Textual Amendments

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.

[F21together 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 [F22July 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 [F23July 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.

Textual Amendments

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 [F24G,] M, [F25MA,] N, P [F26, 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; F27...

(f)the dwellinghouse is on article 2(3) land [F28; F29... ]

[F30(g)the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses)] [F31; 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

F29Word 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.

[F32B.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.]

Textual Amendments

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 [F33G,] M, [F34MA,] N, P [F35, 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; F36...

(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 [F37; or]

[F38(e)the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).]

Textual Amendments

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 [F39G,] M, [F40MA,] N, P [F41, 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; F42...

(d)any part of the structure would be within 2 metres of any boundary of the curtilage of the dwellinghouse with a highway [F43; or]

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

Textual Amendments

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 [F45G,] M, [F46MA,] N, P [F47, 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; F48...

(j)the capacity of the container would exceed 3,500 litres [F49; or]

[F50(k)the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).]

Textual Amendments

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

[F51F.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 [F52G,] M, [F53MA,] 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).]

Textual Amendments

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 [F54G,] M, [F55MA,] N, P [F56, 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;F57...

(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 [F58; or]

[F59(d)the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).]

Textual Amendments

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 [F60G,] M, [F61MA,] N, P [F62, 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; F63...

(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 [F64; or]

[F65(f)the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).]

Textual Amendments

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” [F66except 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 M1.

Textual Amendments

Marginal Citations

M11980 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.

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