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

Interpretation of Part 3 E+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 M1 ; or

(b)

the Agricultural Tenancies Act 1995 M2 ;

“curtilage” means, for the purposes of Class Q, 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;

[F1 “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 M3 ;

“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 M4 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 M5 ;

(b)

a school maintained by a local authority, as defined in section 142(1) of the School Standards and Framework Act 1998 M6 ; and

“sui generis use” means a use for which no class is specified in [F2 Schedule 1 or 2] to the Use Classes Order.

Textual Amendments

F1 Words in Sch. 2 Pt. 3 para. X inserted (1.8.2020) by The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 (S.I. 2020/632), regs. 1(2), 19

F2 Words in Sch. 2 Pt. 3 para. X substituted (1.8.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021 (S.I. 2021/814), arts. 1(1), 4(21) (with Sch.)

Marginal Citations

M1 1986 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.

M2 1995 c. 8; relevant amendments are made by Schedule 8 to the Civil Partnership Act 2004, and S.I. 2006/2805 and 2013/1036.

M3 S.I. 1987/764. The definition of “pay day loan shop” was inserted by S.I. 2015/597.

M4 2006 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.

M5 2010 c. 32; see in particular sections 1 to 1C. Relevant amendments are made by Part 6 of the Education Act 2011 (c. 21).

M6 1998 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.