The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2026

Welsh Statutory Instruments

2026 No. 79

TOWN AND COUNTRY PLANNING, WALES

The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2026

Made

10 March 2026

Coming into force in accordance with article 1(2) and (3)

The Welsh Ministers, in exercise of the powers conferred by sections 59, 60(1) and (3), 61(1), 108(2A)(a), (3C)(a), (5) and (6) and 333(4B), (7) and (8) of the Town and Country Planning Act 1990(1) and now vested in them(2), make the following Order(3).

Title and coming into force

1.—(1) The title of this Order is the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2026.

(2) Articles 1, 2, and 3(1) and (3) and articles 4 to 7 come into force on 1 June 2026.

(3) Article 3(2) comes into force on 1 September 2026.

Amendment of Part 4 of Schedule 2 (temporary buildings and uses)

2.  Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995(4) is amended in accordance with articles 3 to 6.

Amendment of Part 4 of Schedule 2 (temporary buildings and uses)

3.—(1) Part 4 is amended as follows.

(2) In Class B (temporary use of land for not more than 28 days), in paragraph B.1 (development not permitted)—

(a) for sub-paragraph (b) substitute—

“(b) the use of the land is for the siting of any caravan(5) except a caravan which—

(i) is a motor vehicle designed or adapted for human habitation, and

(ii) is sited on the land in connection with a festival,”;

(b) after sub-paragraph (c) omit “or”;

(c) at the end of sub-paragraph (d), for “.” substitute—

“, or

(e) the use of land is for camping except in connection with a festival.”

(3) After Class B insert—

“Class BA

Permitted development

BA.   Development consisting of—

(a) the use of any land, other than that described in sub-paragraph (b), as a recreational campsite, for not more than 60 days in total in any calendar year;

(b) the use of any land within a National Park, an area of outstanding natural beauty, or a World Heritage Site as a recreational campsite, for not more than 28 days in total in any calendar year;

(c) the provision on land described in sub-paragraphs (a) and (b) of any moveable structure reasonably necessary for the purposes of the permitted use of that land.

Development not permitted

BA1.   Development is not permitted by Class BA—

(a) on a site of a scheduled monument;

(b) on a site in a special area of conservation;

(c) in a safety hazard area;

(d) in a military explosives storage area;

(e) on a site of special scientific interest;

(f) on a Ramsar site;

(g) on a site of a listed building;

(h) on a site in a special protection area;

(i) on a site within Flood Zones 2 or 3;

(j) on land within 100 metres of a protected dwelling other than for the use of any private way;

(k) for the siting of any caravan except a caravan which is used as a motor vehicle designed or adapted for human habitation.

Conditions

BA2.   Development is permitted by Class BA subject to the following conditions—

(a) the developer must, before beginning the development in each calendar year, apply to the local planning authority in accordance with the procedure set out in paragraph BA.3, for a determination as to whether the prior approval of the authority is required as to—

(i) arrangements for toilet and wastewater facilities,

(ii) arrangements for waste disposal facilities, and

(iii) the proposed means of vehicular access to the site at which the development is to be carried out;

(b) where the local planning authority has given the developer written notice under paragraph BA.3 that prior approval is required, the developer must, before beginning the development, apply to the local planning authority for prior approval under the procedure in paragraph BA.4;

(c) the development must not begin before the occurrence of one of the following—

(i) the receipt by the developer of the local planning authority’s written notice of their determination that prior approval is not required;

(ii) the expiry of 28 days following the date on which the application for a determination made under paragraph BA3 was received by the local planning authority without the local planning authority—

(aa) notifying the developer that the application does not comply with paragraph BA.3(a), or

(bb) notifying the developer of their determination;

(iii) where a developer is required to apply to the local planning authority for prior approval as a result of a determination under paragraph BA.3—

(aa) the developer has made an application under paragraph BA.4, and

(bb) the developer has received the local planning authority’s written notice that prior approval has been granted;

(d) the development must be carried out—

(i) where prior approval is required, in accordance with the details approved by the local planning authority;

(ii) where prior approval is not required, in accordance with the site plan and particulars submitted by the developer under paragraph BA.3(a).

Procedure for applications for a determination as to whether prior approval is required under Class BA

BA3.   Where, under paragraph BA.2(a), a developer is required to apply to the local planning authority for a determination as to whether the prior approval of the authority will be required in respect of the development—

(a) an application for a determination must be accompanied by a copy of the site plan which must include particulars of—

(i) toilet and wastewater facilities,

(ii) waste disposal facilities,

(iii) the siting of pitches and amenities,

(iv) details of access from the highway, and

(v) the dates on which the site will be in use;

(b) an application for determination must be accompanied by any fee required to be paid;

(c) the local planning authority must provide the developer within 28 days of the receipt of the application for determination with either—

(i) written notice of the local planning authority’s determination, or

(ii) notice in the form required by section 62ZA of the Act that the application does not comply with paragraph (a) or (b);

(d) where, in the opinion of the local planning authority, the development is likely to result in a material increase, or a material change in the character of traffic in the vicinity of the site to be developed, the local planning authority must determine that the developer must apply for prior approval.

Prior approval under Class BA

BA4.   Where a developer is required to apply to the local planning authority for prior approval as a result of a determination under paragraph BA.3—

(a) the local planning authority may require the developer to submit such information, including assessment of impacts or risks, as the authority may reasonably require to determine the application;

(b) where the application relates to prior approval as to transport and highways impacts of the development, on receipt of the application, if, in the opinion of the local planning authority the development is likely to result in a material increase or a material change in the character of traffic in the vicinity of the site, the local planning authority must consult—

(i) the highway authority for the trunk road, where the increase or change relates to traffic entering or leaving a trunk road,

(ii) the local highway authority, where the increase or change relates to traffic entering or leaving a classified road or proposed highway, except where the local planning authority is the local highway authority, and

(iii) the operator of the network which includes or consists of the railway in question, and the Welsh Ministers, where the increase or change relates to traffic using a level crossing over a railway;

(c) before granting prior approval on an application made under this paragraph the local planning authority may consult authorities or persons falling within a category set out in the table in Schedule 4 to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012(6);

(d) where a local planning authority consults any authority or person (“the consultee”) under sub-paragraph (c), the authority must not determine the application until at least 21 days after the date on which notice is given to the consultee;

(e) the local planning authority must, in determining the application, have due regard to any representations received from a consultee;

(f) the local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter requiring prior approval.

Interpretation

BA5.   For the purposes of Class BA—

“Flood Zone 2” and “Flood Zone 3” mean the zones identified in the Flood Map for Wales and referred to in Technical Advice note 15: Development, flooding and coastal erosion(7);

“military explosives storage area” means any area, including an aerodrome, depot, mooring or port, at which the storage of military explosives may be undertaken and for which the associated explosives safeguarding zone is identified on a safeguarding map, issued by the Secretary of State provided to the local planning authority for the purposes of a direction made by the Welsh Ministers in exercise of powers conferred by article 18(1) of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (or any previous powers to the like effect);

“protected dwelling” means a dwellinghouse or a flat occupied by someone other than the campsite owner or operator;

“Ramsar site” is a wetland designated under paragraph 1 of article 2 of the Ramsar Convention, as defined in section 37A(4) and (5) of the Wildlife and Countryside Act 1981(8);

“safety hazard area” means an area notified to the local planning authority for the purposes of article 14 of, and Schedule 4 to, the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 by—

(a)

the Health and Safety Executive, or

(b)

the Office for Nuclear Regulation;

“special area of conservation” means an area designated under regulation 7 (duty to designate special areas of conservation) of the Conservation of Offshore Marine Habitats and Species Regulations 2017(9);

“special protection area” means an area classified as an area of special conservation under regulation 12 (classification of sites as special protection areas) of the Conservation of Offshore Marine Habitats and Species Regulations 2017.”

Amendment of Class G of Part 40 of Schedule 2 (air source heat pumps)

4.—(1) In Part 40 (installation of domestic microgeneration equipment), Class G (installation or alteration etc. of air source heat pumps on domestic premises) is amended as follows.

(2) In paragraph G.1 (development not permitted, compliance with MCS Planning Standards), omit “or equivalent standards”.

(3) In paragraph G.2 (development not permitted)—

(a) for sub-paragraph (a) substitute—

“(a) in the case of the installation of an air source heat pump, it would result in the presence of—

(i) more than one air source heat pump on, or within the curtilage of—

(aa) a dwellinghouse which is not a detached dwellinghouse;

(bb) a block of flats;

(ii) more than two air source heat pumps on, or within the curtilage of, a detached dwellinghouse;”;

(b) for sub-paragraph (c) substitute—

“(c) the volume of the air source heat pump's outdoor compressor unit (including any housing) would—

(i) in the case of the installation of an air source heat pump on, or within the curtilage of, a dwellinghouse, exceed 1.5 cubic metres;

(ii) in the case of the installation of an air source heat pump on, or within the curtilage of, a block of flats, exceed 1 cubic metre;”;

(c) omit sub-paragraph (d);

(d) for sub-paragraph (g) substitute—

“(g) the air source heat pump would be installed on a building or on land within the curtilage of the dwellinghouse or the block of flats if the dwellinghouse or the block of flats is a listed building;”;

(e) for sub-paragraph (i) substitute—

“(i) in the case of land within a conservation area, the air source heat pump—

(i) would be installed on a wall or a roof which fronts a highway;

(ii) would be installed so that it is nearer to any highway which bounds the curtilage than the part of the dwellinghouse or block of flats which is nearest to that highway;”;

(f) after sub-paragraph (i) insert—

“(j) in the case of land, other than land within a conservation area, the air source heat pump would be installed on a wall of a dwellinghouse or block of flats if—

(i) that wall fronts a highway, and

(ii) the air source heat pump would be installed on any part of that wall which is above the level of the ground floor storey.”

(4) In paragraph G.3 (conditions), for sub-paragraph (a) substitute—

“(a) the air source heat pump must not be solely used for the purpose of cooling;”.

Amendment of Class H of Part 40 of Schedule 2 (the installation, alteration or replacement of a stand alone wind turbine within the curtilage of a dwellinghouse)

5.   In Part 40 (the installation, alteration or replacement of a stand alone wind turbine within the curtilage of a dwellinghouse), in paragraph H.1 (development not permitted, compliance with MCS Planning Standards), omit “or equivalent standards”.

Amendment of paragraph J of Part 40 of Schedule 2 (interpretation of Part 40)

6.  In Part 40 (air source heat pumps), in paragraph J (interpretation of Part 40)—

(a) for the definition of “dwellinghouse” substitute—

““dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;”;

(b) for the definition of “MSC Planning Standards” substitute—

““MCS Planning Standards” means the product and installation standards for air source heat pumps and wind turbines specified in Microgeneration Certificate Scheme MCS 020(a) and MCS 020(b) respectively(10)”;

(c) after the definition of “anemometry mast” insert—

““block of flats” means a building which consists wholly of flats;

“detached” means that the building does not share a party wall with a neighbouring building;

“detached dwellinghouse” means a dwellinghouse or building, as the case may be, which does not share a party wall with a neighbouring building;”;

(d) after the definition of “dwellinghouse” insert—

““flat” means a separate and self-contained premises constructed for use for the purposes of a dwellinghouse;”.

Amendment of the Town and Country Planning (Compensation) (Wales) (No.2) Regulations 2014

7.—(1) The Town and Country Planning (Compensation) (Wales) (No. 2) Regulations 2014(11) are amended as follows.

(2) In regulation 2 (prescribed development – planning permission granted by development order), after paragraph (aa) insert—

“(ab) development permitted by Class BA of Part 4 of Schedule 2 (temporary buildings and uses);”.

Rebecca Evans

Cabinet Secretary for Economy, Energy and Planning, one of the Welsh Ministers

10 March 2026

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Permitted Development) Order 1995 (“the GPDO”) and the Town and Country Planning (Compensation) (Wales) (No. 2) Regulations 2014 (“the 2014 Regulations”).

Article 3 of, and Schedule 2 to, the GPDO confer permitted development rights in respect of certain developments. Where such rights are conferred, an application for planning permission is not required.

Article 3 of this Order amends Part 4 of Schedule 2 (temporary buildings and uses) to the GPDO. It makes minor amendments to paragraph B.1(b) in relation to the use of land for a caravan site and adds a new class of permitted development (temporary use of land for campsites) at Class BA.

Paragraph BA details permitted development.

Paragraph BA.1 sets out development which is not permitted.

Paragraph BA.2 sets out the conditions for development.

Paragraph BA.3 provides the procedure for an application by a developer for a determination from a local planning authority as to whether prior approval is required.

Paragraph BA.4 sets out the procedure for making an application for prior approval by a developer and the granting of prior approval by a local planning authority.

Paragraph BA.5 is the interpretation clause.

Article 4 of this Order amends Class G (air source heat pumps) in Part 40 of Schedule 2 to the GPDO.

Article 4(2) amends paragraph G.1 (development not permitted, compliance with MCS Planning Standards) taking out a superfluous reference to equivalent standards.

Article 4(3) amends paragraph G.2 (development not permitted) to expand the circumstances in which the installation of an air source heat pump will be permitted development.

Paragraph G.3 (conditions) sets out the conditions attached to permitted development. Article 4(4) amends paragraph G.3(a) to provide that the air source heat pump must not be used solely for the purpose of cooling.

Article 5 of this Order amends Class H (the installation, alteration or replacement of a stand alone wind turbine within the curtilage of a dwellinghouse) of Part 40 of Schedule 2 to the GPDO to remove a superfluous reference to equivalent standards.

Article 6 of this Order makes amendments to paragraph J (interpretation of Part 40) of Part 40 of Schedule 2 to the GPDO by amending and inserting definitions.

Article 7 of this Order amends the 2014 Regulations by adding Class BA (temporary use of land as campsites) of Part 4 of Schedule 2 to the GPDO as a new class of development into the list of permitted development rights for which compensation on withdrawal of the right is limited in various ways and is provided for in the 2014 Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and is published on the Welsh Government website at www.gov.wales.

(1)

1990 c. 8. Section 59 was amended by section 27 of, and paragraphs 1 and 3 of Schedule 4 to, and section 55 of, and paragraph 5 of Schedule 7 to, the Planning (Wales) Act 2015 (anaw 4) and by section 1(2) of, and paragraphs 1 and 4 of Schedule 1 to, the Growth and Infrastructure Act 2013 (c. 27). Section 108(2A)(a), (3C), (5) and (6) was inserted by the Planning Act 2008 (c. 29), section 189, and amended by S.I. 2012/210 (W. 36). Section 333(4B) was inserted by the Planning (Wales) Act 2015, Schedule 7, paragraph 6(3). There have been other amendments to the 1990 Act which are not relevant to this instrument.

(2)

The functions of the Secretary of State were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672): see the entry in Schedule 1 for the 1990 Act as substituted by S.I. 2000/253. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). See also section 59(4) of the 1990 Act which provides that a development order in relation to Wales means a development order made by the Welsh Ministers.

(3)

The power to make regulations under section 108 of the Town and Country Planning Act 1990 may be exercised to make an order by virtue of section 39 of the Legislation (Wales) Act 2019 (anaw 4).

(4)

S.I. 1995/418, amended by S.I. 2012/1346 (W. 167). There have been other amendments which are not relevant to this instrument.

(5)

“Caravan” is defined in section 29(1) of the Caravan Sites and Control of Development Act 1960 (c. 62) (that definition being relied on in the Town and Country Planning (General Permitted Development) Order 1995 (see article 1(2)).

(6)

S.I. 2012/801 (W. 110) to which there are amendments which are not relevant to this instrument.

(7)

https://www.gov.wales/sites/default/files/publications/2025-03/technical-advice-note-15-development-flooding-and-coastal-erosion.pdf

(8)

1981 c. 69.

(9)

S.I. 2017/1013 as amended by S.I. 2019/579.

(10)

MCS 020(a) and MCS 020(b) published by The MCS Service Company Ltd on behalf of the MCS Charitable Foundation. MCS 020(a) (air source heat pumps) Issue 1.1 dated 14th April 2025. An electronic copy can be found at: https://mcscertified.com/wp-content/uploads/2025/07/MCS-020-a-Issue-1.1-Final.pdf. MCS 020(b) (microgeneration wind turbines) Issue 1.0 dated 20th March 2025. An electronic copy can be found at: https://mcscertified.com/wp-content/uploads/2025/07/MCS-020-b-Issue-1.0-Final.pdf.

(11)

S.I. 2014/2693 (W. 268) as amended by S.I. 2022/997 (W. 213).