The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021

Amendments to Class B of Part 8 of Schedule 2

10.—(1) Class B (dock, pier, harbour, water transport, canal or inland navigation undertakings) of Part 8 (transport related development) of Schedule 2 is amended as follows.

(2) In paragraph B (permitted development)—

(a) in the introductory words, after “lessees” insert—

“or agents of development (including the erection or alteration of an operational building)”;

(b) at the end of sub-paragraph (a), omit “or”;

(c) at the end of sub-paragraph (b) insert—

“, or

(c) in connection with the provision of services and facilities”.

(3) In paragraph B.1 (development not permitted)—

(a) at the end of sub-paragraph (b)(i), omit “or”;

(b) at the end of sub-paragraph (b)(ii), insert—

“, or

(c) where the development falls within paragraph B(c)—

(i) the erection of a building other than an operational building; or

(ii) the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected”.

(4) After paragraph B.1, insert—

“Condition

B.1A..— (1) Development is permitted by Class B subject to the condition that the relevant statutory undertaker consults the local planning authority before carrying out any development, unless that development falls within the description in paragraph B.3.”.

(5) After paragraph B.2 (interpretation of Class B), insert—

“B.3..   Development falls within this paragraph if—

(a) it is urgently required for the efficient running of the dock, pier, harbour, water transport, canal or inland navigation undertaking, and

(b) it consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building, or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.”.