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

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Changes over time for: Cross Heading: Class A - New dwellinghouses on detached blocks of flats

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[F1Class A - New dwellinghouses on detached blocks of flatsE+W

Textual Amendments

Permitted developmentE+W

A.  Development consisting of works for the construction of up to two additional storeys of new dwellinghouses immediately above the existing topmost residential storey on a building which is a purpose-built, detached block of flats, together with any or all—

(a)engineering operations reasonably necessary to construct the additional storeys and new dwellinghouses;

(b)works for the replacement of existing plant or installation of additional plant on the roof of the extended building reasonably necessary to service the new dwellinghouses;

(c)works for the construction of appropriate and safe [F2access to and egress from] the new and existing dwellinghouses, including means of escape from fire, via additional external doors or external staircases;

(d)works for the construction of storage, waste or other ancillary facilities reasonably necessary to support the new dwellinghouses.

Textual Amendments

Development not permittedE+W

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

(a)the permission to use any building as a dwellinghouse has been granted only by virtue of Class M, [F3MA,] N, O, P, PA or Q of Part 3 of this Schedule;

(b)above ground level, the building is less than 3 storeys in height;

(c)the building was constructed before 1st July 1948, or after 5th March 2018;

(d)the additional storeys are constructed other than on the principal part of the building;

[F4(e)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 building;]

(f)the new dwellinghouses are not flats;

[F5(g)the height of the highest part of the roof of the extended building would exceed the height of the highest part of the roof of the existing building by more than 7 metres (not including plant, in each case);]

[F6(h)the height of the highest part of the roof of the extended building (not including plant) would be greater than 30 metres;]

(i)development under Class A.(a) would include the provision of visible support structures on or attached to the exterior of the building upon completion of the development;

(j)development under Class A.(a) would consist of engineering operations other than works within the existing curtilage of the building to—

(i)strengthen existing walls;

(ii)strengthen existing foundations; or

(iii)install or replace water, drainage, electricity, gas or other services;

(k)in the case of Class A.(b) development there is no existing plant on the building;

(l)in the case of Class A.(b) development the height of any replaced or additional plant as measured from the lowest surface of the new roof on the principal part of the [F7extended building] would exceed the height of any existing plant as measured from the lowest surface of the existing roof on the principal part of the existing building;

(m)development under Class A.(c) would extend beyond the curtilage of the existing building;

(n)development under Class A.(d) would—

(i)extend beyond the curtilage of the existing building;

(ii)be situated on land forward of a wall forming the principal elevation of the existing building; or

(iii)be situated on land forward of a wall fronting a highway and forming a side elevation of the existing building;

(o)the land or site on which the building is located, is or forms part of—

(i)article 2(3) land;

(ii)a site of special scientific interest;

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

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

(v)a safety hazard area;

(vi)a military explosives storage area; or

(vii)land within 3 kilometres of the perimeter of an aerodrome.

Textual Amendments

ConditionsE+W

A.2.  —

(1)   Where any development under Class A is proposed, development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for prior approval of the authority as to—

(a)transport and highways impacts of the development;

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

(c)contamination risks in relation to the building;

(d)flooding risks in relation to the building;

(e)the external appearance of the building;

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

(g)impact on the amenity of the existing building and neighbouring premises including overlooking, privacy and the loss of light; F8...

(h)whether because of the siting of the building, the development will impact on a protected view identified in the Directions Relating to Protected Vistas dated 15 March 2012 issued by the Secretary of State, F9...

[F10(i)where the existing building is 18 metres or more in height, the fire safety of the external wall construction of the existing building,] [F11; and

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

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

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

(3)   Any development under Class A is permitted subject to the condition that 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 occupiers of the building and adjoining owners or occupiers will be mitigated.

(4)   The developer must notify the local planning authority of the completion of the development as soon as reasonably practicable after completion.

(5) The notification referred to in sub-paragraph (4) must be in writing and must include—

(a)the name of the developer;

(b)the address or location of the development; and

(c)the date of completion.

(6)  Any new dwellinghouse created under Class A is to remain in use 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.

Textual Amendments

Procedure for applications for prior approval under Part 20E+W

B.  —

(1)  The following provisions apply where under this Part, a developer is required to make an application to a local planning authority for prior approval.

[F12(1A) The application, if made in relation to development proposed under Class ZA, must be accompanied by—

(a)a written description of the proposed development, which must include details of the building proposed for demolition, the building proposed as replacement and the operations proposed under paragraph ZA(3);

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

(c)drawings prepared to an identified scale and showing external dimensions and elevations of—

(i)the building proposed for demolition,

(ii)the building scheduled as replacement,

and, in the direction of North, the positioning of each, together with the applicable information called for by sub-paragraph (1B);

(d)a written statement specifying—

(i)the number of dwellinghouses in the building proposed for demolition, and

(ii)the number of new dwellinghouses proposed in the building proposed as replacement,

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

(f)a written statement in respect of heritage and archaeological considerations of the development;

(g)the developer’s contact address; and

(h)the developer’s email address if the developer is content to receive communications electronically;

together with any fee required to be paid.

(1B) The information referred to in sub-paragraph (1A)(c), which so far as practicable, is to be presented in the direction of North and to show elevations is—

(a)where the building proposed as replacement is a block of flats—

(i)the position and dimensions of windows, doors and walls in the block and in each dwellinghouse in it, and

(ii)the dimensions and use of all habitable and other rooms in each dwellinghouse in it;

(b)where the building proposed as replacement is a single dwellinghouse—

(i)the position and dimensions of the windows, doors and walls in it, and

(ii)the dimensions and use of all habitable and other rooms in it.

(1C) Sub-paragraph (2) does not apply to any application made in relation to development proposed under Class ZA.]

(2)  The application must be accompanied by—

(a)a written description of the proposed development, which, in relation to development proposed under [F13any of Classes A to AD], must include details of any dwellinghouse and other works proposed under [F14paragraph A(a) to (d), AA(1)(a) to (d), AB(3)(a) to (d), AC(2)(a) to (c), or AD(2)(a) to (c) (as the case may be)];

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

(c)floor plans which are drawn to an identified scale and show the direction of North indicating [F15the 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 existing and proposed elevations of the building;

(d)a written statement specifying the number of new dwellinghouses proposed by the development [F16(that is, additional to any dwellinghouses in the existing building)];

(e)a list of all addresses of [F17any flats and any other premises in the existing building];

(f)the developer’s contact address;

(g)the developer’s email address if the developer is content to receive communications electronically; F18...

[F19(h)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;] [F20, and

(i)where the application for prior approval relates to the requirement mentioned in paragraph A.2(1)(i) or AA.2(1)(k), a report from a chartered engineer or other competent professional confirming that the external wall construction of the existing building complies with paragraph B4(1) of Schedule 1 to the Building Regulations 2010,]

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 this Part as being applicable to the development in question.

(4)  Sub-paragraphs (5) to (10) and (12) 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 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.

[F21(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.]

(7)  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.

(8) 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.

(9)  Where the application relates to prior approval as to 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.

[F22(9A) Where the application relates to prior approval under paragraph A.2(1)(i) or AA.2(1)(k), the local planning authority must refuse prior approval if the application is not accompanied by the report mentioned in subparagraph (2)(i) above.]

(10)  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.

[F23(10A) Where the application relates to a prior approval as to the impact of the development on heritage and archaeology, the local planning authority must so far as they consider reasonably practicable consult any bodies that they consider to have heritage and archaeological expertise relevant to their functions under Part 3 of the Act and this Order.]

(11)  The local planning authority must notify the consultees referred to in sub-paragraphs (5), (6), [F24(6A)] [F25(7), (10) and (10A)] specifying the date by which they must respond, being not less than 21 days from the date the notice is given.

(12)  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; and

(iii)specifies the date by which representations are to be received by the local planning authority;

(b)[F26unless the proposed development falls within Class ZA,] by serving a notice in that form on all owners and occupiers of [F27any flats and any other premises within the existing building]; and

(c)by serving a notice in that form on any adjoining owner or occupier.

(13)  When computing the number of days in sub-paragraphs (11) and (12)(a), any day which is a public holiday must be disregarded.

(14)  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 [F28July 2021]; or

(c)details of proposed building or other operations.

(15)  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-paragraph (5), (6), (7) or (10) and any notice given under sub-paragraph (12);

(b)have regard to the National Planning Policy Framework issued by the Ministry of Housing, Communities and Local Government in [F29July 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 development, taking into account any proposed mitigation, the site will be contaminated land as described in Part 2A of the Environmental Protection Act 1990, 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, and

(ii)if they determine that the site will be contaminated land, refuse to give prior approval.

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

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

(18)  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 Part 20E+W

C.—[F30(1)]  For the purposes of Part 20—

[F31“agricultural tenancy” means a tenancy under—

(a)

the Agricultural Holdings Act 1986; or

(b)

the Agricultural Tenancies Act 1995;]

“block of flats” means a building which is divided horizontally and consists of separate and self-contained premises constructed for use for the purposes of a dwellinghouse, and any ancillary facilities constructed solely for use by occupiers of the building;

“defence asset” is 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” means that the building does not share a party wall with a neighbouring building;

“flat” means a separate and self-contained premises constructed for use for the purposes of a dwellinghouse;

[F32“footprint”, in relation to a building, means the total area of ground covered by it;]

“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;

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

[F33“purpose-built”, in relation to a building (whether a block of flats or a dwellinghouse), means built as such and remaining as such;] F34...

[F35“row”, in relation to a terrace building, means the row of two or more terrace buildings of which it forms part, where each building in the row—

(a)

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 the end of a row—

(i)

in the case of a row comprising more than two buildings, 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); or

(ii)

in the case of a row comprising only two buildings, it shares a party wall with, or has a main wall adjoining the main wall of, the other building in the row;]

“technical sites” has the same meaning as in F36... the Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) Direction 2002.

[F37“terrace building” means a building which is not detached.]

(a)any storey below ground level; or

(b)any accommodation within the roof of a building, whether comprising part of the original building 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 this Part which replaces accommodation within the roof of the existing building.

[F38(2) In Part 20 references to a “storey” do not include—

(a)any storey below ground level; or

(b)any accommodation within the roof of a building, whether comprising part of the original building 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 this Part which replaces accommodation within the roof of the existing building.]

[F39(3) In Part 20, development meets the fire risk condition 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.]]

Textual Amendments

F30Sch. 2 Pt. 20 para. C renumbered as Sch. 2 Pt. 20 para. C(1) (31.8.2020 at 9.00 a.m.) by The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020 (S.I. 2020/755), arts. 1, 4(5)(e)

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