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SCHEDULE 2E+WPermitted development rights

PART 2E+WMinor operations

Class A – gates, fences, walls etcE+W

Permitted developmentE+W

A.  The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

Development not permittedE+W

A.1  Development is not permitted by Class A if—

(a)the height of any gate, fence, wall or means of enclosure erected or constructed adjacent to a highway used by vehicular traffic would, after the carrying out of the development, exceed—

(i)for a school, 2 metres above ground level, provided that any part of the gate, fence, wall or means of enclosure which is more than 1 metre above ground level does not create an obstruction to the view of persons using the highway as to be likely to cause danger to such persons;

(ii)in any other case, 1 metre above ground level;

(b)the height of any other gate, fence, wall or means of enclosure erected or constructed would exceed 2 metres above ground level;

(c)the height of any gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in paragraph (a) or (b) as the height appropriate to it if erected or constructed, whichever is the greater; or

(d)it would involve development within the curtilage of, or to a gate, fence, wall or other means of enclosure surrounding, a listed building.

Interpretation of Class AE+W

A.2  For the purposes of Class A, “school” includes—

(a)premises which have changed use under Class S or T of Part 3 of this Schedule (changes of use) to become a state-funded school or registered nursery as defined in paragraph X of Part 3; and

(b)a building permitted by Class C of Part 4 of this Schedule (temporary buildings and uses) to be used temporarily as a school, from the date the local planning authority is notified as provided in paragraph C.2(b) of Part 4.