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

Class B – dock, pier, harbour, water transport, canal or inland navigation undertakings E+W

Permitted development E+W

B.  Development on operational land by statutory undertakers or their lessees [F1 or agents of development (including the erection or alteration of an operational building)] in respect of dock, pier, harbour, water transport, or canal or inland navigation undertakings, required—

(a) for the purposes of shipping, F2 ...

(b) in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, pier or harbour, or with the movement of traffic by canal or inland navigation or by any railway forming part of the undertaking [F3 , or

(c) in connection with the provision of services and facilities]

Textual Amendments

F1 Words in Sch. 2 Pt. 8 Class B para. B inserted (21.4.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 (S.I. 2021/428), arts. 1(1), 10(2)(a) (with art. 15(3))

F2 Word in Sch. 2 Pt. 8 Class B para. B(a) omitted (21.4.2021) by virtue of The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 (S.I. 2021/428), arts. 1(1), 10(2)(b) (with art. 15(3))

F3 Sch. 2 Pt. 8 Class B para. B(c) and word inserted (21.4.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 (S.I. 2021/428), arts. 1(1), 10(2)(c) (with art. 15(3))

Development not permitted E+W

B.1  Development is not permitted by Class B if it consists of or includes—

(a) the construction or erection of a hotel, or of a bridge or other building not required in connection with the handling of traffic; or

(b) the construction or erection otherwise than wholly within the limits of a dock, pier or harbour of—

(i) an educational building, F4 ...

(ii) a car park, shop, restaurant, garage, petrol filling station or other building provided under transport legislation [F5 ,

(c) where the development falls within paragraph B(c)—

(i) the erection of a building other than an operational building; or

(ii) the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected].

Textual Amendments

F4 Word in Sch. 2 Pt. 8 Class B para. B.1(b)(i) omitted (21.4.2021) by virtue of The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 (S.I. 2021/428), arts. 1(1), 10(3)(a) (with art. 15(3))

F5 Sch. 2 Pt. 8 Class B para. B.1(c) and word inserted (21.4.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 (S.I. 2021/428), arts. 1(1), 10(3)(b) (with art. 15(3))

[F6 Condition E+W

B.1A.— (1) Development is permitted by Class B subject to the condition that the relevant statutory undertaker consults the local planning authority before carrying out any development, unless that development falls within the description in paragraph B.3.]

Textual Amendments

F6 Sch. 2 Pt. 8 Class B para. B.1A inserted (21.4.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 (S.I. 2021/428), arts. 1(1), 10(4) (with art. 15(1)(b)(3))

Interpretation of Class B E+W

B.2  For the purposes of Class B—

(a) references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected, and

(b) the reference to operational land includes land designated by an order made under section 14 or 16 of the Harbours Act 1964 (orders for securing harbour efficiency etc., and orders conferring powers for improvement, construction etc., of harbours) M1 , and which has come into force, whether or not the order was subject to the provisions of the Statutory Orders (Special Procedure) Act 1945 M2 .

Marginal Citations

M1 1964 c. 40; relevant amendments are made by Schedules 6 and 12 to the Transport Act 1981 (c. 56), section 46 of the Criminal Justice Act 1982 (c. 48), Schedule 3 to the Transport and Works Act 1992 (c. 42), Schedule 2 to the Planning Act 2008 (c. 29), Schedule 21 to the Marine and Coastal Access Act 2009 (c. 23) and S.I. 2006/1177 and 2009/1941.

M2 1945 c. 18. An order is subject to special parliamentary procedure under the Act if it is one which the Secretary of State makes which authorises the compulsory purchase of land (see paragraph 22 of Schedule 3 to the Harbours Act 1964).

[F7 B.3.   Development falls within this paragraph if—

(a) it is urgently required for the efficient running of the dock, pier, harbour, water transport, canal or inland navigation undertaking, and

(b) it consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building, or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.]

Textual Amendments

F7 Sch. 2 Pt. 8 Class B para. B. 3 inserted (21.4.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 (S.I. 2021/428), arts. 1(1), 10(5) (with art. 15(3))