The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 3) Order 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends, primarily, the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the GPDO”). The GPDO provides, for the purposes of section 59(2)(a) of the Town and Country Planning Act 1990 (c. 8), for the granting of permission for certain classes of development without the requirement for a planning application to be made under Part 3 of that Act. The classes of permission, together with their accompanying conditions, limitations and restrictions, are set out in Schedule 2 to the GPDO.

Article 3 updates various references to the National Planning Policy Framework published by the Ministry of Housing, Communities and Local Government (as it was called at the time of publication) so that they refer to the most recent version of that publication.

Article 4 inserts new Class G (moveable structures for pubs, restaurants, etc) into Part 2 of Schedule 2 to the GPDO to allow one moveable structure to be provided in the curtilage of a pub, restaurant or other building used for similar purposes without a time limitation, but subject to other limitations.

Article 5 amends Class BB of Part 4 of Schedule 2 to the GPDO so as to remove the restriction that a moveable structure may only be provided in the curtilage of a historic visitor attraction or of a listed building used for the purposes of a pub or restaurant etc until 1st January 2022. Article 5 also introduces new conditions and limitations on development under Class BB.

Article 6 amends Class BA (holding of a market by or on behalf of a local authority) of Part 12 of Schedule 2 to the GPDO to remove the restriction that development under Class BA is only permitted between 25th June 2020 and 23rd March 2022.

Article 7 amends Class A (emergency development by a local authority or health service body) of Part 12A of Schedule 2 to the GDPO to extend that right until 31st December 2022.

Article 8 inserts new Class TA (development by the Crown on a closed defence site) into Part 19 of Schedule 2 to the GPDO to allow development by or on behalf of the Crown constituting the erection, extension or alteration of buildings used exclusively for defence purposes on closed defence sites subject to conditions, limitations and restrictions.

Article 9 makes minor amendment to the Town and Country Planning (Compensation) (England) Regulations 2015 to add Class G of Part 2, Class BB of Part 4, Class BA of Part 12 and Class TA of Part 19 to the list of development prescribed for the purposes of subsections (2A)(a) and (3C)(a) of section 108 (compensation where planning permission granted by development order is withdrawn) of the Town and Country Planning Act 1990.

An Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk.

An impact assessment has not been produced for this instrument.