The Town and Country Planning (General Permitted Development) (England) Order 2015 No. 596

SCHEDULE 2 E+W Permitted development rights

PART 7 E+W Non-domestic extensions, alterations etc

Class L – development at waste management facilities E+W

Permitted development E+W

L.  Development carried out on land used for the purposes of a waste management facility consisting of—

(a) the extension or alteration of a building; and

(b) the installation of replacement plant or machinery.

Development not permitted E+W

L.1  Development described in Class L is not permitted if—

(a) the gross floor space occupied by the replacement plant or machinery would exceed by more than 15% the gross floor space of the plant or machinery it replaced;

(b) the development under Class L (together with any previous development under Class L) would result in the area occupied by buildings, plant or machinery on the site exceeding the original area occupied by buildings, plant or machinery by more than—

(i) 50%; or

(ii) 100 square metres,

whichever is the lesser;

(c) the height of any building as extended or altered would exceed—

(i) if within 10 metres of a boundary of the curtilage of the site, 5 metres; or

(ii) in all other cases, the height of the building being extended or altered or 15 metres, whichever is the lower;

(d) the height of any replacement plant or machinery would exceed—

(i) if within 10 metres of a boundary of the curtilage of the site, 5 metres; or

(ii) in all other cases, 15 metres;

(e) any part of the development would be within 5 metres of any boundary of the curtilage of the site;

(f) the development would lead to a reduction in the space available for the parking or turning of vehicles;

(g) the development would be—

(i) on article 2(3) land; or

(ii) in a site of special scientific interest;

(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.

Conditions E+W

L.2  Development is permitted by Class L subject to the condition that any building as extended or altered is only used as part of, or for a purpose incidental to, the use of the site as a waste management facility.

Interpretation E+W

L.3  For the purposes of Class L—

“waste management facility” means premises and associated land used for the purposes of any waste operation for which an environmental permit is required under Part 2 of [F1 the Environmental Permitting (England and Wales) Regulations 2016] or which is an exempt facility under those Regulations; and

“waste operation” has the meaning given in [F1 the Environmental Permitting (England and Wales) Regulations 2016].

Textual Amendments

F1 Words in Sch. 2 Pt. 7 para. L.3 substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 Pt. 2 para. 86(a) (with regs. 1(3), 77-79, Sch. 4)