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

Class O – installation etc of flue for combined heat and power on non-domestic premises

Permitted development

O.  The installation, alteration or replacement of a flue, forming part of a microgeneration combined heat and power system, on a building other than—

(a) a dwellinghouse or a block of flats; or

(b) a building situated within the curtilage of a dwellinghouse or a block of flats.

Development not permitted

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

(a) the capacity of the system that the flue would serve exceeds 45 kilowatts thermal;

(b) the height of the flue would exceed either—

(i) the highest part of the roof by 1 metre or more, or

(ii) the height of an existing flue which is being replaced,

whichever is the highest;

(c) the installation of the flue would result in the installation on the same building of more than 1 flue forming part of either a biomass heating system or a combined heat and power system;

(d) the flue would be installed on a listed building, within the curtilage of a listed building, or on a site designated as a scheduled monument; or

(e) in the case of a building on article 2(3) land, the flue would be installed on a wall or roof slope which fronts a highway.

Interpretation of Part 14

P.  For the purposes of Part 14—

“aerodrome”—

(a)

means any area of land or water designed, equipped, set apart, or commonly used for affording facilities for the landing and departure of aircraft; and

(b)

includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically; but

(c)

does not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;

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

“block of flats” means a building which consists wholly of flats;

“detached dwellinghouse” or “detached building” means a dwellinghouse or building, as the case may be, which does not share a party wall with a neighbouring building;

“MCS Planning Standards” means the standards specified in the Microgeneration Certification Scheme for air source heat pumps (being MCS 007(2)) and for small and micro wind turbines (being MCS 006(3));

“microgeneration” has the same meaning as in section 82(6) of the Energy Act 2004(4);

“safeguarded land” means land which—

(a)

is necessary to be safeguarded for aviation or defence purposes; and

(b)

has been notified as such, in writing, to the Secretary of State by an aerodrome operator, an air traffic services licence holder or the Secretary of State for Defence for the purposes of this Part;

“solar PV” means solar photovoltaics;

“stand-alone solar” means solar PV or solar thermal equipment which is not installed on a building;

“stand-alone wind turbine” means a wind turbine which is not fixed to a building; and

“water source heat pump” means a heat pump where the collecting medium is water.

(1)

2000 c. 38. See in particular sections 5 to 7 and 40 (section 5 was amended by S.I. 2009/1941 and 2011/205).

(2)

Version 2.4 dated 16th December 2013, an electronic copy of which can be found here: http://www.microgenerationcertification.org/mcs-standards/product-standards/10-mcs-standards/126-product-standards-2 and a copy of the MCS Planning Standards may be inspected at the Department of Energy and Climate Change, 3 Whitehall Place, London, SW1A 2HH.

(3)

Version 2.1, dated 15th January 2014, an electronic copy of which can be found here: http://www.microgenerationcertification.org/mcs-standards/product-standards and a copy of the MCS Planning Standards may be inspected at the Department of Energy and Climate Change, 3 Whitehall Place, London, SW1A 2HH.

(4)

2004 c. 20.