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The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2023

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the GPDO”). The GPDO provides 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.

Article 3 amends Class B of Part 4 (temporary use of land) of Schedule 2 to the GPDO to disapply the use of this permitted development right for a recreational campsite other than in connection with a festival. It also specifies that development is not permitted for the siting of any caravan except a caravan which is a motor vehicle designed or adapted for human habitation, in connection with a festival. Further, article 3 also inserts new Class BC (temporary recreational campsites) into Part 4 of Schedule 2 to the GPDO to allow the temporary use of land as a recreational campsite for up to 60 days total in a calendar year. Article 3 additionally amends Class E of Part 4 (temporary use of buildings or land for film-making purposes) of Schedule 2 to the GPDO to increase the maximum period of time that land or a building can be used for the purpose of commercial film-making from 9 months to 12 months in any 27 month period; doubles the maximum area of land that the permitted development right applies to from 1.5 hectares to 3 hectares; and increases the maximum height of any temporary structure, works, plant or machinery provided under the permitted development right from 15 metres to 20 metres.

Article 4 inserts new Class MA (alteration etc. of prison fences) into Part 7 of Schedule 2 to the GPDO to allow for the erection or alteration etc of a prison fence of up to 5.5 metres above ground level.

Article 5 amends Class A (development by local authorities) of Part 12 of Schedule 2 to the GPDO to allow bodies acting on behalf of a local authority or urban development corporation to undertake the works prescribed in the permitted development right. Article 5 also adds a National Park authority and the Broads Authority to the definition of local authority for the purposes of Part 12 of the GPDO.

Article 6 makes an amendment to the Town and Country Planning (Compensation) (England) Regulations 2015 to add Class B of Part 4, Class BC of Part 4 and Class MA of Part 7 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.

Article 7 makes an amendment to the Town and Country Planning (Development Management Procedure) (England) Order 2015 to add Class BC of Part 4 to Article 22 placing a duty on the Environment Agency to respond to consultation.

Article 8 introduces a transitional provision for the amendments made to Class B of Part 4 so that they do not come into effect until the end of 25th July 2024.

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

An impact assessment has not been produced for this instrument.

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