The Town and Country Planning (General Permitted Development) Order 1995

PART 1 W DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

Extent Information

E1 This version of this provision applies to Wales only; a separate version has been created for England only

Class A W

Permitted development W

A.  The enlargement, improvement or other alteration of a dwellinghouse.

Development not permitted W

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

(a) the cubic content of the resulting building would exceed the cubic content of the original dwellinghouse—

(i) in the case of a terrace house or in the case of a dwellinghouse on article 1(5) land, by more than 50 cubic metres or 10 %, whichever is the greater,

(ii) in any other case, by more than 70 cubic metres or 15%, whichever is the greater,

(iii) in any case, by more than 115 cubic metres;

(b) the part of the building enlarged, improved or altered would exceed in height the highest part of the roof of the original dwellinghouse;

(c) the part of the building enlarged, improved or altered would be nearer to any highway which bounds the curtilage of the dwellinghouse than—

(i) the part of the original dwellinghouse nearest to that highway, or

(ii) any point 20 metres from that highway,

whichever is nearer to the highway;

(d) in the case of development other than the insertion, enlargement, improvement or other alteration of a window in an existing wall of a dwellinghouse, the part of the building enlarged, improved or altered would be within 2 metres of the boundary of the curtilage of the dwellinghouse and would exceed 4 metres in height;

(e) the total area of ground covered by buildings within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

(f) it would consist of or include the installation, alteration or replacement of [F1 a microwave antenna];

(g) it would consist of or include the erection of a building within the curtilage of a listed building; F2 ...

(h) it would consist of or include an alteration to any part of the roof [F3 ; or]

[F4 (i) it would consist of or include the installation, alteration or replacement of solar PV, solar thermal equipment or a flue forming part of a biomass heating system or combined heating and power system]

Textual Amendments

F1 Words in Sch. 2 Pt. 1 Class para. A.1(f) substituted (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 3(1)

F2 Word in Sch. 2 Pt. 1 para. A.1(g) omitted (W.) (1.9.2009) by virtue of The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2009 (S.I. 2009/2193), arts. 1(1), 2(3)(a)

F3 Sch. 2 Pt. 1 para. A.1(h): word and semicolon substituted for full stop (W.) (1.9.2009) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2009 (S.I. 2009/2193), arts. 1(1), 2(3)(b)

F4 Sch. 2 Pt. 1 para. A.1(i) inserted (W.) (1.9.2009) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2009 (S.I. 2009/2193), arts. 1(1), 2(3)(c)

A.2  In the case of a dwellinghouse on any article 1(5) land, development is not permitted by Class A if it would consist of or include the cladding of any part of the exterior with stone, artificial stone, timber, plastic or tiles. W

Interpretation of Class A W

A.3  For the purposes of Class A—

(a) the erection within the curtilage of a dwellinghouse of any building with a cubic content greater than 10 cubic metres shall be treated as the enlargement of the dwellinghouse for all purposes (including calculating cubic content) where—

(i) the dwellinghouse is on article 1(5) land, or

(ii) in any other case, any part of that building would be within 5 metres of any part of the dwellinghouse;

(b) where any part of the dwellinghouse would be within 5 metres of an existing building within the same curtilage, that building shall be treated as forming part of the resulting building for the purpose of calculating the cubic content.

Class B W

Permitted development W

B.  The enlargement of a dwellinghouse consisting of an addition or alteration to its roof.

Development not permitted W

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

(a) any part of the dwellinghouse would, as a result of the works, exceed the height of the highest part of the existing roof;

(b) any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope which fronts any highway;

(c) it would increase the cubic content of the dwellinghouse by more than 40 cubic metres, in the case of a terrace house, or 50 cubic metres in any other case;

(d) the cubic content of the resulting building would exceed the cubic content of the original dwellinghouse—

(i) in the case of a terrace house by more than 50 cubic metres or 10%, whichever is the greater,

(ii) in any other case, by more than 70 cubic metres or 15%, whichever is the greater, or

(iii) in any case, by more than 115 cubic metres; or

(e) the dwellinghouse is on article 1(5) land.

Class C W

Permitted development W

C.  Any other alteration to the roof of a dwellinghouse.

Development not permitted W

[F5 C.1   Development is not permitted by Class C if it would—

(i) consist of or include the installation, alteration or replacement of solar PV, solar thermal equipment or a flue forming part of a biomass heating system or combined heating and power system; or

(ii) result in a material alteration to the shape of the dwellinghouse.]

Textual Amendments

F5 Sch. 2 Pt. 1 para. C.1 substituted (1.9.2009) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2009 (S.I. 2009/2193), arts. 1(1), 2(3)(d)

Class D W

Permitted development W

D.  The erection or construction of a porch outside any external door of a dwellinghouse.

Development not permitted W

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

(a) the ground area (measured externally) of the structure would exceed 3 square metres;

(b) any part of the structure would be more than 3 metres above ground level; or

(c) any part of the structure would be within 2 metres of any boundary of the curtilage of the dwellinghouse with a highway.

Class E W

Permitted development W

E.  The provision within the curtilage of a dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure.

Development not permitted W

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

(a) it relates to a dwelling or [F6 a microwave antenna];

(b) any part of the building or enclosure to be constructed or provided would be nearer to any highway which bounds the curtilage than—

(i) the part of the original dwellinghouse nearest to that highway, or

(ii) any point 20 metres from that highway,

whichever is nearer to the highway;

(c) where the building to be constructed or provided would have a cubic content greater than 10 cubic metres, any part of it would be within 5 metres of any part of the dwellinghouse;

(d) the height of that building or enclosure would exceed—

(i) 4 metres, in the case of a building with a ridged roof; or

(ii) 3 metres, in any other case;

(e) the total area of ground covered by buildings or enclosures within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse); or

(f) in the case of any article 1(5) land or land within the curtilage of a listed building, it would consist of the provision, alteration or improvement of a building with a cubic content greater than 10 cubic metres.

Textual Amendments

F6 Words in Sch. 2 Pt. 1 Class E para. E.1(a) substituted (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 3(2)

Interpretation of Class E W

E.2  For the purposes of Class E—

“purpose incidental to the enjoyment of the dwellinghouse as such" includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.

Class F W

Permitted development W

F.  The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such.

Class G W

Permitted development W

G.  The erection or provision within the curtilage of a dwellinghouse of a container for the storage of oil for domestic heating.

Development not permitted W

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

(a) the capacity of the container would exceed 3,500 litres;

(b) any part of the container would be more than 3 metres above ground level; or

(c) any part of the container would be nearer to any highway which bounds the curtilage than—

(i) the part of the original building nearest to that highway, or

(ii) any point 20 metres from that highway,

whichever is nearer to the highway.

Class H W

Permitted development W

H.  The installation, alteration or replacement of [F7 a microwave antenna] on a dwellinghouse or within the curtilage of a dwellinghouse.

Textual Amendments

F7 Words in Sch. 2 Pt. 1 Class H para. H substituted (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 3(3)(a)

Development not permitted W

[F8 H.1   Development is not permitted by Class H if—

(a) it would result in the presence on the dwellinghouse or within its curtilage of—

(i) more than two antennas;

(ii) a single antenna exceeding 100 centimetres in length;

(iii) two antennas which do not meet the relevant size criteria;

(iv) an antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres;

(v) an antenna installed on a chimney, where the antenna would protrude above the chimney;

(vi) an antenna with a cubic capacity in excess of 35 litres;

(b) in the case of an antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof;

(c) in the case of an antenna to be installed on a roof with a chimney, the highest part of the antenna would be higher than the highest part of the chimney, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lower;

(d) in the case of article 1(5) land, it would consist of the installation of an antenna—

(i) on a chimney, wall or roof slope which faces onto, and is visible from, a highway;

(ii) on a building which exceeds 15 metres in height.]

Textual Amendments

F8 Sch. 2 Pt. 1 Class H para. H.1 substituted (except that para. H.1(d)(ii) ("in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway;") is excluded and para. H.1(d)(iii) is instead numbered as (ii)) (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 3(3)(b)

Conditions W

H.2  Development is permitted by Class H subject to the following conditions—

(a) an antenna installed on a building shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building;

[F9 (b) an antenna no longer needed for reception or transmission purposes shall be removed as soon as reasonably practicable]

Textual Amendments

F9 Sch. 2 Pt. 1 Class H para. H.2(b) substituted (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 3(3)(c)

[F10 H.3.   The relevant size criteria for the purpose of paragraph H.1(a)(iii) are that: W

(a) only one of the antennas may exceed 60 centimetres in length; and

(b) any antenna which exceeds 60 centimetres in length must not exceed 100 centimetres in length.

Textual Amendments

F10 Sch. 2 Pt. 1 Class H paras. H.3-H.5 inserted (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 3(3)(d)

H.4.   The length of an antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mounting or brackets. W

Textual Amendments

F10 Sch. 2 Pt. 1 Class H paras. H.3-H.5 inserted (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 3(3)(d)

H.5.   The maximum number of antenna for the purpose of paragraph H.1(a) includes any small antenna permitted under Class A of Part 24.] W

Textual Amendments

F10 Sch. 2 Pt. 1 Class H paras. H.3-H.5 inserted (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 3(3)(d)

Interpretation of Part 1 W

I.  For the purposes of Part 1—

• “resulting building" means the dwellinghouse as enlarged, improved or altered, taking into account any enlargement, improvement or alteration to the original dwellinghouse, whether permitted by this Part or not; and

• “terrace house" means a dwellinghouse situated in a row of three or more dwellinghouses used or designed for use as single dwellings, where—

  (a)

  it shares a party wall with, or has a main wall adjoining the main wall of, the dwellinghouse on either side; or

  (b)

  if it is at the end of a row, it shares a party wall with or has a main wall adjoining the main wall of a dwellinghouse which fulfils the requirements of sub-paragraph (a) above.