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

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Status:

Point in time view as at 22/03/2007.

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Article 1

SCHEDULE 1E+W

F1PART 1E+W ARTICLE 1(4) LAND

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 2E+W ARTICLE 1(5) LAND

Land within—

(a)a National Park;

(b)an area of outstanding natural beauty;

(c)an area designated as a conservation area under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 M1(designation of conservation areas);

(d)an area specified by the Secretary of State and the Minister of Agriculture, Fisheries and Food for the purposes of section 41(3) of the Wildlife and Countryside Act 1981 M2 (enhancement and protection of the natural beauty and amenity of the countryside);

(e)the Broads.

Marginal Citations

PART 3E+W ARTICLE 1(6) LAND

Land within a National Park or within the following areas—

(a)In England, the Broads or land outside the boundaries of a National Park, which is within the parishes listed below—

  • in the district of Allerdale—

    Blindcrake, Bothel and Threapland, Bridekirk, Brigham, Broughton, Broughton Moor, Camerton, Crosscanonby, Dean, Dearham, Gilcrux, Great Clifton, Greysouthen, Little Clifton, Loweswater, Oughterside and Allerby, Papcastle, Plumbland, Seaton, Winscales;

  • in the borough of Copeland—

    Arlecdon and Frizington, Cleator Moor, Distington, Drigg and Carleton, Egremont, Gosforth, Haile, Irton with Santon, Lamplugh, Lowca, Lowside Quarter, Millom, Millom Without, Moresby, Parton, Ponsonby, St Bees, St Bridget’s Beckermet, St John’s Beckermet, Seascale, Weddicar;

  • in the district of Eden—

    Ainstable, Asby, Bandleyside, Bolton, Brough, Brough Sowerby, Brougham, Castle Sowerby, Catterlen, Clifton, Cliburn, Crackenthorpe, Crosby Garrett, Crosby Ravensworth, Culgaith, Dacre, Dufton, Glassonby, Great Salkeld, Great Strickland, Greystoke, Hartley, Hesket, Hillbeck, Hunsonby, Hutton, Kaber, Kings Meaburn, Kirkby Stephen, Kirby Thore, Kirkoswald, Langwathby, Lazonby, Little Strickland, Long Marton, Lowther, Mallerstang, Milburn, Morland, Mungrisdale, Murton, Musgrave, Nateby, Newbiggin, Newby, Orton, Ousby, Ravenstonedale, Shap, Skelton, Sleagill, Sockbridge and Tirril, Soulby, Stainmore, Tebay, Temple Sowerby, Thrimby, Waitby, Warcop, Wharton, Winton, Yanwath and Eamont Bridge;

  • in the borough of High Peak—

    Chapel-en-le-Frith, Charlesworth, Chinley Buxworth and Brownside, Chisworth, Green Fairfield, Hartington Upper Quarter, Hayfield, King Sterndale, Tintwistle, Wormhill;

  • in the district of South Lakeland—

    Aldingham, Angerton, Arnside, Barbon, Beetham, Blawith and Subberthwaite, Broughton West, Burton, Casterton, Docker, Egton-with-Newland, Fawcett Forest, Firbank, Grayrigg, Helsington, Heversham, Hincaster, Holme, Hutton Roof, Killington, Kirkby Ireleth, Kirkby Lonsdale, Lambrigg, Levens, Lower Allithwaite, Lower Holker, Lowick, Lupton, Mansergh, Mansriggs, Middleton, Milnthorpe, Natland, New Hutton, Old Hutton and Holmescales, Osmotherley, Pennington, Preston Patrick, Preston Richard, Scalthwaiterigg, Sedgwick, Skelsmergh, Stainton, Strickland Ketel, Strickland Roger, Urswick, Whinfell, Whitwell and Selside;

  • in the district of West Derbyshire—

    Aldwark, Birchover, Stanton; and

    (b)

    [F2In Wales, land outside the boundaries of a National Park which is—

(i)within the communities listed below—

  • in the county borough of Aberconwy and Colwyn—

    • Caerhun, Dolgarrog;

  • in the county of Caernarfonshire and Merionethshire—

    • Arthog, Betws Garmon, Bontnewydd, Corris, Llanberis, Llanddeiniolen, Llandwrog, Llanfrothen, Llanllyfni, Llanwnda, Penrhyndeudraeth, Waunfawr; or

(ii)within the specified parts of the communities listed below—

  • in the county borough of Aberconwy and Colwyn—

    • those parts of the following communities which were on 31st March 1974 within the former rural district of Nant Conway—

    • Conwy, Henryd, Llanddoged and Maenan, and Llanrwst;

    • that part of the community of Llangwm which was on 31st March 1974 within the former rural district of Penllyn;

  • in the county of Caernarfonshire and Merionethshire:

    • those parts of the following communities which were on 31st March 1974 within the former rural district of Gwyrfai—

    • Caernarfon, Clynnog, Dolbenmaen, Llandygai, Llanaelhaearn, Llanrug, Pentir, Y Felinheli;

    • that part of the community of Talsarnau which was on 31st March 1974 within the former rural district of Deudraeth;

    • that part of the community of Barmouth which was on 31st March 1974 within the former rural district of Dolgellau;

    • that part of the community of Llandderfel which was on 31st March 1974 within the former rural district of Penllyn;

  • in the county of Denbighshire, that part of the community of Llandrillo which was on 31st March 1974 within the former rural district of Penllyn.]

Textual Amendments

Article 3

SCHEDULE 2E+W

PART 1E+W DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

Class AE+W

Permitted developmentE+W

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

Development not permittedE+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 F3[F4a microwave antenna];

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

(h)it would consist of or include an alteration to any part of the roof.

Textual Amendments

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.E+W

Interpretation of Class AE+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 BE+W

Permitted developmentE+W

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

Development not permittedE+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 CE+W

Permitted developmentE+W

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

Development not permittedE+W

C.1  Development is not permitted by Class C if it would result in a material alteration to the shape of the dwellinghouse.

Class DE+W

Permitted developmentE+W

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

Development not permittedE+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 EE+W

Permitted developmentE+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 permittedE+W

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

(a)it relates to a dwelling or F5[F6a 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

Interpretation of Class EE+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 FE+W

Permitted developmentE+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 GE+W

Permitted developmentE+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 permittedE+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 HE+W

Permitted developmentE+W

H.  The installation, alteration or replacement of F7[F8a microwave antenna] on a dwellinghouse or within the curtilage of a dwellinghouse.

Textual Amendments

Development not permittedE+W

F9[F10H.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;

[F7(ii)in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway;]

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

Textual Amendments

F9Sch. 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)

ConditionsE+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;

F11[F12(b)an antenna no longer needed for reception or transmission purposes shall be removed as soon as reasonably practicable]

Textual Amendments

F13[F14H.3.  The relevant size criteria for the purpose of paragraph H.1(a)(iii) are that:E

(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

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.]E+W

Textual Amendments

[F13H.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.]E+W

Textual Amendments

Interpretation of Part 1E+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.

PART 2E+W MINOR OPERATIONS

Class AE+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 one metre above ground level;

(b)the height of any other gate, fence, wall or means of enclosure erected or constructed would exceed two 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 sub-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.

Class BE+W

Permitted developmentE+W

B.  The formation, laying out and construction of a means of access to a highway which is not a trunk road or a classified road, where that access is required in connection with development permitted by any Class in this Schedule (other than by Class A of this Part).

Class CE+W

Permitted developmentE+W

C.  The painting of the exterior of any building or work.

Development not permittedE+W

C.1  Development is not permitted by Class C where the painting is for the purpose of advertisement, announcement or direction.

Interpretation of Class CE+W

C.2  In Class C, “painting" includes any application of colour.

PART 3E+W CHANGES OF USE

Class AE+W

Permitted developmentE+W

A.  [F15Development consisting of a change of the use of a building to a use falling within Class A1 (shops) of the Schedule to the Use Classes Order from a use falling within Class A3 (food and drink) of that Schedule or from a use for the sale, or display for sale, of motor vehicles.]

[F15Development consisting of a change of use of a building to a use falling within Class A1 (shops) of the Schedule to the Use Classes Order from a use falling within Class A3 (restaurants and cafes), A4 (drinking establishments) or A5 (hot food takeaways) of the Schedule.]

Textual Amendments

[F15Class AAE+W

Permitted developmentE+W

AA.  Development consisting of a change of use of a building to a use falling within Class A3 (restaurants and cafes) cafes) of the Schedule to the Use Classes Order from a use falling within Class A4 (drinking establishments) or Class A5 (hot food takeaways) of that Schedule.]

Class BE+W

Permitted developmentE+W

B.  Development consisting of a change of the use of a building—

(a)to a use for any purpose falling within Class B1 (business) of the Schedule to the Use Classes Order from any use falling within Class B2 (general industrial) or B8 (storage and distribution) of that Schedule;

(b)to a use for any purpose falling within Class B8 (storage and distribution) of that Schedule from any use falling within Class B1 (business) or B2 (general industrial).

Development not permittedE+W

B.1  Development is not permitted by Class B where the change is to or from a use falling within Class B8 of that Schedule, if the change of use relates to more than 235 square metres of floor space in the building.

Class CE+W

Permitted developmentE+W

C.  Development consisting of a change of use to a use falling within Class A2 (financial and professional services) of the Schedule to the Use Classes Order from a use falling within Class A3 [F16(food and drink)] [F16(restaurants and cafes), Class A4 (drinking establishments) or Class A5 (hot food takeaways)] of that Schedule.

Textual Amendments

Class DE+W

Permitted developmentE+W

D.  Development consisting of a change of use of any premises with a display window at ground floor level to a use falling within Class A1 (shops) of the Schedule to the Use Classes Order from a use falling within Class A2 (financial and professional services) of that Schedule.

Class EE+W

Permitted developmentE+W

E.  Development consisting of a change of the use of a building or other land from a use permitted by planning permission granted on an application, to another use which that permission would have specifically authorised when it was granted.

Development not permittedE+W

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

(a)the application for planning permission referred to was made before the 5th December 1988;

(b)it would be carried out more than 10 years after the grant of planning permission; or

(c)it would result in the breach of any condition, limitation or specification contained in that planning permission in relation to the use in question.

Class FE+W

Permitted developmentE+W

F.  Development consisting of a change of the use of a building—

(a)to a mixed use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A1 of that Schedule;

(b)to a mixed use for any purpose within Class A2 (financial and professional services) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A2 of that Schedule;

(c)where that building has a display window at ground floor level, to a mixed use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A2 (financial and professional services) of that Schedule.

ConditionsE+W

F.1  Development permitted by Class F is subject to the following conditions—

(a)some or all of the parts of the building used for any purposes within Class A1 or Class A2, as the case may be, of the Schedule to the Use Classes Order shall be situated on a floor below the part of the building used as a single flat;

(b)where the development consists of a change of use of any building with a display window at ground floor level, the ground floor shall not be used in whole or in part as the single flat;

(c)the single flat shall not be used otherwise than as a dwelling (whether or not as a sole or main residence)—

(i)by a single person or by people living together as a family, or

(ii)by not more than six residents living together as a single household (including a household where care is provided for residents).

Interpretation of Class FE+W

F.2  For the purposes of Class F—

“care" means personal care for people in need of such care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder.

Class GE+W

Permitted developmentE+W

G.  Development consisting of a change of the use of a building—

(a)to a use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A1 of that Schedule and as a single flat;

(b)to a use for any purpose within Class A2 (financial and professional services) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A2 of that Schedule and as a single flat;

(c)where that building has a display window at ground floor level, to a use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A2 (financial and professional services) of that Schedule and as a single flat.

Development not permittedE+W

G.1  Development is not permitted by Class G unless the part of the building used as a single flat was immediately prior to being so used used for any purpose within Class A1 or Class A2 of the Schedule to the Use Classes Order.

[F17Class HE+W

Textual Amendments

Permitted DevelopmentE+W

H.  Development consisting of a change of use of a building from use as a casino to a use falling within Class D2 (Assembly and leisure) of the Schedule to the Use Classes Order.]

PART 4E+WTEMPORARY BUILDINGS AND USES

Class AE+W

Permitted developmentE+W

A.  The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land.

Development not permittedE+W

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

(a)the operations referred to are mining operations, or

(b)planning permission is required for those operations but is not granted or deemed to be granted.

ConditionsE+W

A.2  Development is permitted by Class A subject to the conditions that, when the operations have been carried out—

(a)any building, structure, works, plant or machinery permitted by Class A shall be removed, and

(b)any adjoining land on which development permitted by Class A has been carried out shall, as soon as reasonably practicable, be reinstated to its condition before that development was carried out.

Class BE+W

Permitted developmentE+W

B.  The use of any land for any purpose for not more than 28 days in total in any calendar year, of which not more than 14 days in total may be for the purposes referred to in paragraph B.2, and the provision on the land of any moveable structure for the purposes of the permitted use.

Development not permittedE+W

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

(a)the land in question is a building or is within the curtilage of a building,

(b)the use of the land is for a caravan site,

(c)the land is, or is within, a site of special scientific interest and the use of the land is for—

(i)a purpose referred to in paragraph B.2(b) or other motor sports;

(ii)clay pigeon shooting; or

(iii)any war game,

or

(d)the use of the land is for the display of an advertisement.

Interpretation of Class BE+W

B.2  The purposes mentioned in Class B above are—

(a)the holding of a market;

(b)motor car and motorcycle racing including trials of speed, and practising for these activities.

B.3  In Class B, “war game" means an enacted, mock or imaginary battle conducted with weapons which are designed not to injure (including smoke bombs, or guns or grenades which fire or spray paint or are otherwise used to mark other participants), but excludes military activities or training exercises organised by or with the authority of the Secretary of State for Defence.E+W

PART 5E+WCARAVAN SITES

Class AE+W

Permitted developmentE+W

A.  The use of land, other than a building, as a caravan site in the circumstances referred to in paragraph A.2.

ConditionE+W

A.1  Development is permitted by Class A subject to the condition that the use shall be discontinued when the circumstances specified in paragraph A.2 cease to exist, and all caravans on the site shall be removed as soon as reasonably practicable.

Interpretation of Class AE+W

A.2  The circumstances mentioned in Class A are those specified in paragraphs 2 to 10 of Schedule 1 to the 1960 Act (cases where a caravan site licence is not required), but in relation to those mentioned in paragraph 10 do not include use for winter quarters.

Class BE+W

Permitted developmentE+W

B.  Development required by the conditions of a site licence for the time being in force under the 1960 Act.

PART 6E+WAGRICULTURAL BUILDINGS AND OPERATIONS

Class A Development on units of 5 hectares or moreE+W

Permitted developmentE+W

A.  The carrying out on agricultural land comprised in an agricultural unit of 5 hectares or more in area of—

(a)works for the erection, extension or alteration of a building; or

(b)any excavation or engineering operations,

which are reasonably necessary for the purposes of agriculture within that unit.

Development not permittedE+W

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

(a)the development would be carried out on a separate parcel of land forming part of the unit which is less than 1 hectare in area;

(b)it would consist of, or include, the erection, extension or alteration of a dwelling;

(c)it would involve the provision of a building, structure or works not designed for agricultural purposes;

(d)the ground area which would be covered by—

(i)any works or structure (other than a fence) for accommodating livestock or any plant or machinery arising from engineering operations; or

(ii)any building erected or extended or altered by virtue of Class A,

would exceed 465 square metres, calculated as described in paragraph D.2 below;

(e)the height of any part of any building, structure or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres;

(f)the height of any part of any building, structure or works not within 3 kilometres of the perimeter of an aerodrome would exceed 12 metres;

(g)any part of the development would be within 25 metres of a metalled part of a trunk road or classified road;

(h)it would consist of, or include, the erection or construction of, or the carrying out of any works to, a building, structure or an excavation used or to be used for the accommodation of livestock or for the storage of slurry or sewage sludge where the building, structure or excavation is, or would be, within 400 metres of the curtilage of a protected building; or

(i)it would involve excavations or engineering operations on or over article 1(6) land which are connected with fish farming.

ConditionsE+W

A.2(1)  Development is permitted by Class A subject to the following conditions—

(a)where development is carried out within 400 metres of the curtilage of a protected building, any building, structure, excavation or works resulting from the development shall not be used for the accommodation of livestock except in the circumstances described in paragraph D.3 below or for the storage of slurry or sewage sludge;

(b)where the development involves—

(i)the extraction of any mineral from the land (including removal from any disused railway embankment); or

(ii)the removal of any mineral from a mineral-working deposit,

the mineral shall not be moved off the unit;

(c)waste materials shall not be brought on to the land from elsewhere for deposit except for use in works described in Class A(a) or in the provision of a hard surface and any materials so brought shall be incorporated forthwith into the building or works in question.

(2) Subject to paragraph (3), development consisting of—

(a)the erection, extension or alteration of a building;

(b)the formation or alteration of a private way;

(c)the carrying out of excavations or the deposit of waste material (where the relevant area, as defined in paragraph D.4 below, exceeds 0.5 hectare); or

(d)the placing or assembly of a tank in any waters,

is permitted by Class A subject to the following conditions—

(i)the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be;

(ii)the application shall be accompanied by a written description of the proposed development and of the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii)the development shall not be begun before the occurrence of one of the following—

(aa)the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(bb)where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval; or

(cc)the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(iv)(aa)where the local planning authority give the applicant notice that such prior approval is required the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant;

(bb)where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to in sub-paragraph (aa) has elapsed, he shall be treated as having complied with the requirements of that sub-paragraph if he has taken reasonable steps for protection of the notice and, if need be, its replacement;

(v)the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—

(aa)where prior approval is required, in accordance with the details approved;

(bb)where prior approval is not required, in accordance with the details submitted with the application; and

(vi)the development shall be carried out—

(aa)where approval has been given by the local planning authority, within a period of five years from the date on which approval was given;

(bb)in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (d)(ii).

(3) The conditions in paragraph (2) do not apply to the extension or alteration of a building if the building is not on article 1(6) land except in the case of a significant extension or a significant alteration.

(4) Development consisting of the significant extension or the significant alteration of a building may only be carried out once by virtue of Class A(a).

[F18(5) Where development consists of works for the erection, significant extension or significant alteration of a building and

(a)the use of the building or extension for the purposes of agriculture within the unit permanently ceases within ten years from the date on which the development was substantially completed; and

(b)planning permission has not been granted on an application, or has not been deemed to be granted under Part III of the Act, for development for purposes other than agriculture, within three years from the date on which the use of the building or extension for the purposes of agriculture within the unit permanently ceased,

then, unless the local planning authority have otherwise agreed in writing, the building or, in the case of development consisting of an extension, the extension, shall be removed from the land and the land shall, so far as is practicable, be restored to its condition before the development took place, or to such condition as may have been agreed in writing between the local planning authority and the developer.

(6) Where an appeal has been made, under the Act, in relation to an application for development described in paragraph 5(b), within the period described in that paragraph, that period shall be extended until the appeal is finally determined or withdrawn.

(7) Where development is permitted by Class A(a), the developer shall notify the local planning authority, in writing and within 7 days, of the date on which the development was substantially completed.]

Textual Amendments

Class B Development on units of less than 5 hectaresE+W

Permitted developmentE+W

B.  The carrying out on agricultural land comprised in an agricultural unit of not less than 0.4 but less than 5 hectares in area of development consisting of—

(a)the extension or alteration of an agricultural building;

(b)the installation of additional or replacement plant or machinery;

(c)the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus;

(d)the provision, rearrangement or replacement of a private way;

(e)the provision of a hard surface;

(f)the deposit of waste; or

(g)the carrying out of any of the following operations in connection with fish farming, namely, repairing ponds and raceways; the installation of grading machinery, aeration equipment or flow meters and any associated channel; the dredging of ponds; and the replacement of tanks and nets,

where the development is reasonably necessary for the purposes of agriculture within the unit.

Development not permittedE+W

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

(a)the development would be carried out on a separate parcel of land forming part of the unit which is less than 0.4 hectare in area;

(b)the external appearance of the premises would be materially affected;

(c)any part of the development would be within 25 metres of a metalled part of a trunk road or classified road;

(d)it would consist of, or involve, the carrying out of any works to a building or structure used or to be used for the accommodation of livestock or the storage of slurry or sewage sludge where the building or structure is within 400 metres of the curtilage of a protected building; or

(e)it would relate to fish farming and would involve the placing or assembly of a tank on land or in any waters or the construction of a pond in which fish may be kept or an increase (otherwise than by the removal of silt) in the size of any tank or pond in which fish may be kept.

B.2  Development is not permitted by Class B(a) if—E+W

(a)the height of any building would be increased;

(b)the cubic content of the original building would be increased by more than 10%;

(c)any part of any new building would be more than 30 metres from the original building;

(d)the development would involve the extension, alteration or provision of a dwelling;

(e)any part of the development would be carried out within 5 metres of any boundary of the unit; or

(f)the ground area of any building extended by virtue of Class B(a) would exceed 465 square metres.

B.3  Development is not permitted by Class B(b) if—E+W

(a)the height of any additional plant or machinery within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres;

(b)the height of any additional plant or machinery not within 3 kilometres of the perimeter of an aerodrome would exceed 12 metres;

(c)the height of any replacement plant or machinery would exceed that of the plant or machinery being replaced; or

(d)the area to be covered by the development would exceed 465 square metres calculated as described in paragraph D.2 below.

B.4  Development is not permitted by Class B(e) if the area to be covered by the development would exceed 465 square metres calculated as described in paragraph D.2 below.E+W

ConditionsE+W

B.5  Development permitted by Class B and carried out within 400 metres of the curtilage of a protected building is subject to the condition that any building which is extended or altered, or any works resulting from the development, shall not be used for the accommodation of livestock except in the circumstances described in paragraph D.3 below or for the storage of slurry or sewage sludge.

B.6  Development consisting of the extension or alteration of a building situated on article 1(6) land or the provision, rearrangement or replacement of a private way on such land is permitted subject to—E+W

(a)the condition that the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building as extended or altered or the siting and means of construction of the private way; and

(b)the conditions set out in paragraphs A.2(2)(ii) to (vi) above.

B.7  Development is permitted by Class B(f) subject to the following conditions—E+W

(a)that waste materials are not brought on to the land from elsewhere for deposit unless they are for use in works described in Class B(a), (d) or (e) and are incorporated forthwith into the building or works in question; and

(b)that the height of the surface of the land will not be materially increased by the deposit.

[F19B.8  Development is permitted by Class B(a) subject to the following conditions—E+W

(a)Where development consists of works for the significant extension or significant alteration of a building and

(i)the use of the building or extension for the purposes of agriculture within the unit permanently ceases within ten years from the date on which the development was substantially completed; and

(ii)planning permission has not been granted on an application, or has not been deemed to be granted under Part III of the Act, for development for purposes other than agriculture, within three years from the date on which the use of the building or extension for the purposes of agriculture within the unit permanently ceased,

then, unless the local planning authority have otherwise agreed in writing, the extension, in the case of development consisting of an extension, shall be removed from the land and the land shall, so far as is practicable, be restored to its condition before the development took place, or to such condition as may have been agreed in writing between the local planning authority and the developer.

(b)Where an appeal has been made, under the Act, in relation to an application for development described in paragraph B.8(a)(ii), within the period described in that paragraph, that period shall be extended until the appeal is finally determined or withdrawn.

(c)The developer shall notify the local planning authority in writing and within 7 days, of the date on which the development was substantially completed.]

Textual Amendments

Class C Mineral working for agricultural purposesE+W

Permitted developmentE+W

C.  The winning and working on land held or occupied with land used for the purposes of agriculture of any minerals reasonably necessary for agricultural purposes within the agricultural unit of which it forms part.

Development not permittedE+W

C.1  Development is not permitted by Class C if any excavation would be made within 25 metres of a metalled part of a trunk road or classified road.

ConditionE+W

C.2  Development is permitted by Class C subject to the condition that no mineral extracted during the course of the operation shall be moved to any place outside the land from which it was extracted, except to land which is held or occupied with that land and is used for the purposes of agriculture.

Interpretation of Part 6E+W

D.1  For the purposes of Part 6—

  • “agricultural land" means land which, before development permitted by this Part is carried out, is land in use for agriculture and which is so used for the purposes of a trade or business, and excludes any dwellinghouse or garden;

  • “agricultural unit" means agricultural land which is occupied as a unit for the purposes of agriculture, including—

    (a)

    any dwelling or other building on that land occupied for the purpose of farming the land by the person who occupies the unit, or

    (b)

    any dwelling on that land occupied by a farmworker;

  • “building" does not include anything resulting from engineering operations;

  • “fish farming" means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean and mollusc);

  • “livestock" includes fish or shellfish which are farmed;

  • “protected building" means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt; but does not include—

    (i)

    a building within the agricultural unit; or

    (ii)

    a dwelling or other building on another agricultural unit which is used for or in connection with agriculture;

  • “significant extension" and “significant alteration" mean any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 10% or the height of the building as extended or altered would exceed the height of the original building;

  • “slurry" means animal faeces and urine (whether or not water has been added for handling); and

  • “tank" includes any cage and any other structure for use in fish farming.

D.2  For the purposes of Part 6—E+W

(a)an area calculated as described in this paragraph comprises the ground area which would be covered by the proposed development, together with the ground area of any building (other than a dwelling), or any structure, works, plant, machinery, ponds or tanks within the same unit which are being provided or have been provided within the preceding two years and any part of which would be within 90 metres of the proposed development;

(b)400 metres is to be measured along the ground.

D.3  The circumstances referred to in paragraphs A.2(1)(a) and B.5 are—E+W

(a)that no other suitable building or structure, 400 metres or more from the curtilage of a protected building, is available to accommodate the livestock; and

(b)(i)that the need to accommodate the livestock arises from—

(aa)quarantine requirements; or

(bb)an emergency due to another building or structure in which the livestock could otherwise be accommodated being unavailable because it has been damaged or destroyed by fire, flood or storm; or

(ii)in the case of animals normally kept out of doors, they require temporary accommodation in a building or other structure—

(aa)because they are sick or giving birth or newly born; or

(bb)to provide shelter against extreme weather conditions.

D.4  For the purposes of paragraph A.2(2)(c), the relevant area is the area of the proposed excavation or the area on which it is proposed to deposit waste together with the aggregate of the areas of all other excavations within the unit which have not been filled and of all other parts of the unit on or under which waste has been deposited and has not been removed.E+W

D.5  In paragraph A.2(2)(iv), “site notice" means a notice containing—E+W

(a)the name of the applicant,

(b)the address or location of the proposed development,

(c)a description of the proposed development and of the materials to be used,

(d)a statement that the prior approval of the authority will be required to the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be,

(e)the name and address of the local planning authority, and which is signed and dated by or on behalf of the applicant.

D.6  For the purposes of Class B—E+W

(a)the erection of any additional building within the curtilage of another building is to be treated as the extension of that building and the additional building is not to be treated as an original building;

(b)where two or more original buildings are within the same curtilage and are used for the same undertaking they are to be treated as a single original building in making any measurement in connection with the extension or alteration of either of them.

D.7  In Class C, “the purposes of agriculture" includes fertilising land used for the purposes of agriculture and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used.E+W

PART 7E+WFORESTRY BUILDINGS AND OPERATIONS

Class AE+W

Permitted developmentE+W

A.  The carrying out on land used for the purposes of forestry, including afforestation, of development reasonably necessary for those purposes consisting of—

(a)works for the erection, extension or alteration of a building;

(b)the formation, alteration or maintenance of private ways;

(c)operations on that land, or on land held or occupied with that land, to obtain the materials required for the formation, alteration or maintenance of such ways;

(d)other operations (not including engineering or mining operations).

Development not permittedE+W

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

(a)it would consist of or include the provision or alteration of a dwelling;

(b)the height of any building or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres in height; or

(c)any part of the development would be within 25 metres of the metalled portion of a trunk road or classified road.

A.2(1)  Subject to paragraph (3), development consisting of the erection of a building or the extension or alteration of a building or the formation or alteration of a private way is permitted by Class A subject to the following conditions—E+W

(a)the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way;

(b)the application shall be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site together with any fee required to be paid;

(c)the development shall not be begun before the occurrence of one of the following—

(i)the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(ii)where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

(iii)the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(d)(i)where the local planning authority give the applicant notice that such prior approval is required the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant;

(ii)where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to in sub-paragraph (i) has elapsed, he shall be treated as having complied with the requirements of that sub-paragraph if he has taken reasonable steps for protection of the notice and, if need be, its replacement;

(e)the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—

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

(ii)where prior approval is not required, in accordance with the details submitted with the application;

(f)the development shall be carried out—

(i)where approval has been given by the local planning authority, within a period of five years from the date on which approval was given,

(ii)in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (b).

(2) In the case of development consisting of the significant extension or the significant alteration of the building such development may be carried out only once.

(3) Paragraph (1) does not preclude the extension or alteration of a building if the building is not on article 1(6) land except in the case of a significant extension or a significant alteration.

Interpretation of Class AE+W

A.3  For the purposes of Class A—

  • “significant extension" and “significant alteration" mean any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 10% or the height of the building as extended or altered would exceed the height of the original building; and

  • “site notice" means a notice containing—

    (a)

    the name of the applicant,

    (b)

    the address or location of the proposed development,

    (c)

    a description of the proposed development and of the materials to be used,

    (d)

    a statement that the prior approval of the authority will be required to the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way,

    (e)

    the name and address of the local planning authority,

    and which is signed and dated by or on behalf of the applicant.

PART 8E+WINDUSTRIAL AND WAREHOUSE DEVELOPMENT

Class AE+W

Permitted developmentE+W

A.  The extension or alteration of an industrial building or a warehouse.

Development not permittedE+W

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

(a)the building as extended or altered is to be used for purposes other than those of the undertaking concerned;

(b)the building is to be used for a purpose other than—

(i)in the case of an industrial building, the carrying out of an industrial process or the provision of employee facilities;

(ii)in the case of a warehouse, storage or distribution or the provision of employee facilities;

(c)the height of the building as extended or altered would exceed the height of the original building;

(d)the cubic content of the original building would be exceeded by more than—

(i)10%, in respect of development on any article 1(5) land, or

(ii)25%, in any other case;

(e)the floor space of the original building would be exceeded by more than—

(i)500 square metres in respect of development on any article 1(5) land, or

(ii)1,000 square metres in any other case;

(f)the external appearance of the premises of the undertaking concerned would be materially affected;

(g)any part of the development would be carried out within 5 metres of any boundary of the curtilage of the premises; or

(h)the development would lead to a reduction in the space available for the parking or turning of vehicles.

ConditionsE+W

A.2  Development is permitted by Class A subject to the conditions that any building extended or altered—

(a)shall only be used—

(i)in the case of an industrial building, for the carrying out of an industrial process for the purposes of the undertaking or the provision of employee facilities;

(ii)in the case of a warehouse, for storage or distribution for the purposes of the undertaking or the provision of employee facilities;

(b)shall not be used to provide employee facilities between 7.00 p.m. and 6.30 a.m. for employees other than those present at the premises of the undertaking for the purpose of their employment;

(c)shall not be used to provide employee facilities if a notifiable quantity of a hazardous substance is present at the premises of the undertaking.

Interpretation of Class AE+W

A.3  For the purposes of Class A—

(a)the erection of any additional building within the curtilage of another building (whether by virtue of Class A or otherwise) and used in connection with it is to be treated as the extension of that building, and the additional building is not to be treated as an original building;

(b)where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement;

(c)“employee facilities" means social, care or recreational facilities provided for employees of the undertaking, including creche facilities provided for the children of such employees.

Class BE+W

Permitted developmentE+W

B.  Development carried out on industrial land for the purposes of an industrial process consisting of—

(a)the installation of additional or replacement plant or machinery,

(b)the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus, or

(c)the provision, rearrangement or replacement of a private way, private railway, siding or conveyor.

Development not permittedE+W

B.1  Development described in Class B(a) is not permitted if—

(a)it would materially affect the external appearance of the premises of the undertaking concerned, or

(b)any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.

Interpretation of Class BE+W

B.2  In Class B, “industrial land" means land used for the carrying out of an industrial process, including land used for the purposes of an industrial undertaking as a dock, harbour or quay, but does not include land in or adjacent to and occupied together with a mine.

Class CE+W

Permitted developmentE+W

C.  The provision of a hard surface within the curtilage of an industrial building or warehouse to be used for the purpose of the undertaking concerned.

Class DE+W

Permitted developmentE+W

D.  The deposit of waste material resulting from an industrial process on any land comprised in a site which was used for that purpose on 1st July 1948 whether or not the superficial area or the height of the deposit is extended as a result.

Development not permittedE+W

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

(a)the waste material is or includes material resulting from the winning and working of minerals, or

(b)the use on 1st July 1948 was for the deposit of material resulting from the winning and working of minerals.

Interpretation of Part 8E+W

E.  For the purposes of Part 8, in Classes A and C—

  • “industrial building" means a building used for the carrying out of an industrial process and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purposes of an industrial undertaking but does not include a building on land in or adjacent to and occupied together with a mine; and

  • “warehouse" means a building used for any purpose within Class B8 (storage or distribution) of the Schedule to the Use Classes Order but does not include a building on land in or adjacent to and occupied together with a mine.

PART 9E+WREPAIRS TO UNADOPTED STREETS AND PRIVATE WAYS

Class AE+W

Permitted developmentE+W

A.  The carrying out on land within the boundaries of an unadopted street or private way of works required for the maintenance or improvement of the street or way.

Interpretation of Class AE+W

A.1  For the purposes of Class A—

“unadopted street" means a street not being a highway maintainable at the public expense within the meaning of the Highways Act 1980 M3.

Marginal Citations

PART 10E+WREPAIRS TO SERVICES

Class AE+W

Permitted developmentE+W

The carrying out of any works for the purposes of inspecting, repairing or renewing any sewer, main, pipe, cable or other apparatus, including breaking open any land for that purpose.

PART 11E+WDEVELOPMENT UNDER LOCAL OR PRIVATE ACTS OR ORDERS

Modifications etc. (not altering text)

Class AE+W

Permitted developmentE+W

A.  Development authorised by—

(a)a local or private Act of Parliament,

(b)an order approved by both Houses of Parliament, or

(c)an order under section 14 or 16 of the Harbours Act 1964 M4(orders for securing harbour efficiency etc., and orders conferring powers for improvement, construction etc. of harbours)

which designates specifically the nature of the development authorised and the land upon which it may be carried out.

Marginal Citations

M41964 c. 40; section 14 was amended by paragaph 2, and sections 14 and 16 were amended by paragraphs 3, 4 and 14, of Schedule 6 to, and by Part II of Schedule 12 to, the Transport Act 1981 (c. 56); section 14 was amended by paragraph 1, and section 16 was amended by paragraph 2, of Schedule 3 to the Transport and Works Act 1992 (c. 42).

ConditionE+W

A.1  Development is not permitted by Class A if it consists of or includes—

(a)the erection, construction, alteration or extension of any building, bridge, aqueduct, pier or dam, or

(b)the formation, laying out or alteration of a means of access to any highway used by vehicular traffic,

unless the prior approval of the appropriate authority to the detailed plans and specifications is first obtained.

Prior approvalsE+W

A.2  The prior approval referred to in paragraph A.1 is not to be refused by the appropriate authority nor are conditions to be imposed unless they are satisfied that—

(a)the development (other than the provision of or works carried out to a dam) ought to be and could reasonably be carried out elsewhere on the land; or

(b)the design or external appearance of any building, bridge, aqueduct, pier or dam would injure the amenity of the neighbourhood and is reasonably capable of modification to avoid such injury.

Interpretation of Class AE+W

A. 3  In Class A, “appropriate authority" means—

(a)in Greater London or a metropolitan county, the local planning authority,

(b)in a National Park [F20in England], outside a metropolitan county, the county planning authority,

(c)in any other case [F21in England], the district planning authority M5.

[F22(d)in Wales, the local planning authority.]

Textual Amendments

Marginal Citations

M5For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.

PART 12E+WDEVELOPMENT BY LOCAL AUTHORITIES

Class AE+W

Permitted developmentE+W

A.  The erection or construction and the maintenance, improvement or other alteration by a local authority or by an urban development corporation of—

(a)any small ancillary building, works or equipment on land belonging to or maintained by them required for the purposes of any function exercised by them on that land otherwise than as statutory undertakers;

(b)lamp standards, information kiosks, passenger shelters, public shelters and seats, telephone boxes, fire alarms, public drinking fountains, horse troughs, refuse bins or baskets, barriers for the control of people waiting to enter public service vehicles, and similar structures or works required in connection with the operation of any public service administered by them.

Interpretation of Class AE+W

A.1  For the purposes of Class A—

“urban development corporation" has the same meaning as in Part XVI of the Local Government, Planning and Land Act 1980 M6 (urban development).

Marginal Citations

A.2  The reference in Class A to any small ancillary building, works or equipment is a reference to any ancillary building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity.E+W

Class BE+W

Permitted developmentE+W

B.  The deposit by a local authority of waste material on any land comprised in a site which was used for that purpose on 1st July 1948 whether or not the superficial area or the height of the deposit is extended as a result.

Development not permittedE+W

B.1  Development is not permitted by Class B if the waste material is or includes material resulting from the winning and working of minerals.

Interpretation of Part 12E+W

C.  For the purposes of Part 12—

“local authority" includes a parish or community council.

PART 13E+W[F23DEVELOPMENT BY LOCAL HIGHWAY AUTHORITIES] [F23DEVELOPMENT BY HIGHWAY AUTHORITIES]

Textual Amendments

Class AE+W

Permitted developmentE+W

[F24A.  The carrying out by a local highway authority—

(a)on land within the boundaries of a road, of any works required for the maintenance or improvement of the road, where such works involve development by virtue of section 55(2)(b) of the Act; or

(b)on land outside but adjoining the boundary of an existing highway of works required for or incidental to the maintenance or improvement of the highway.]

[F23The carrying out by a highway authority—

(a)on land within the boundaries of a road, of any works required for the maintenance or improvement of the road, where such works involve development by virtue of section 55(2)(b) of the Act; or

(b)on land outside but adjoining the boundary of an existing highway of works required for or incidental to the maintenance or improvement of the highway.]

Textual Amendments

[F23Class BE+W

Permitted developmentE+W

B.  The carrying out by the Secretary of State of works in exercise of the functions of the Secretary of State under the Highways Act 1980, or works in connection with, or incidental to, the exercise of those functions.]

PART 14E+WDEVELOPMENT BY DRAINAGE BODIES

Class AE+W

Permitted developmentE+W

A.  Development by a drainage body in, on or under any watercourse or land drainage works and required in connection with the improvement, maintenance or repair of that watercourse or those works.

Interpretation of Class AE+W

A.1  For the purposes of Class A—

“drainage body" has the same meaning as in section 72(1) of the Land Drainage Act 1991 M7 (interpretation) other than the National Rivers Authority.

Marginal Citations

PART 15E+WDEVELOPMENT BY THE NATIONAL RIVERS AUTHORITY

Class AE+W

Permitted developmentE+W

A.  Development by the National Rivers Authority, for the purposes of their functions, consisting of—

(a)development not above ground level required in connection with conserving, redistributing or augmenting water resources,

(b)development in, on or under any watercourse or land drainage works and required in connection with the improvement, maintenance or repair of that watercourse or those works,

(c)the provision of a building, plant, machinery or apparatus in, on, over or under land for the purpose of survey or investigation,

(d)the maintenance, improvement or repair of works for measuring the flow in any watercourse or channel,

(e)any works authorised by or required in connection with an order made under section 73 of the Water Resources Act 1991 M8 (power to make ordinary and emergency drought orders),

(f)any other development in, on, over or under their operational land, other than the provision of a building but including the extension or alteration of a building.

Marginal Citations

Development not permittedE+W

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

(a)in the case of any Class A(a) development, it would include the construction of a reservoir,

(b)in the case of any Class A(f) development, it would consist of or include the extension or alteration of a building so that—

(i)its design or external appearance would be materially affected,

(ii)the height of the original building would be exceeded, or the cubic content of the original building would be exceeded by more than 25%, or

(iii)the floor space of the original building would be exceeded by more than 1,000 square metres,

or

(c)in the case of any Class A(f) development, it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.

ConditionE+W

A.2  Development is permitted by Class A(c) subject to the condition that, on completion of the survey or investigation, or at the expiration of six months from the commencement of the development concerned, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery and apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition (or to any other condition which may be agreed with the local planning authority).

PART 16E+WDEVELOPMENT BY OR ON BEHALF OF SEWERAGE UNDERTAKERS

Class AE+W

Permitted developmentE+W

A.  Development by or on behalf of a sewerage undertaker consisting of—

(a)development not above ground level required in connection with the provision, improvement, maintenance or repair of a sewer, outfall pipe, sludge main or associated apparatus;

(b)the provision of a building, plant, machinery or apparatus in, on, over or under land for the purpose of survey or investigation;

(c)the maintenance, improvement or repair of works for measuring the flow in any watercourse or channel;

(d)any works authorised by or required in connection with an order made under section 73 of the Water Resources Act 1991 (power to make ordinary and emergency drought orders);

(e)any other development in, on, over or under their operational land, other than the provision of a building but including the extension or alteration of a building.

Development not permittedE+W

A.1  Development is not permitted by Class A(e) if—

(a)it would consist of or include the extension or alteration of a building so that—

(i)its design or external appearance would be materially affected;

(ii)the height of the original building would be exceeded, or the cubic content of the original building would be exceeded, by more than 25%; or

(iii)the floor space of the original building would be exceeded by more than 1,000 square metres;

or

(b)it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.

ConditionE+W

A.2  Development is permitted by Class A(b) subject to the condition that, on completion of the survey or investigation, or at the expiration of 6 months from the commencement of the development concerned, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery and apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition (or to any other condition which may be agreed with the local planning authority).

Interpretation of Class AE+W

A.3  For the purposes of Class A—

  • “associated apparatus", in relation to any sewer, main or pipe, means pumps, machinery or apparatus associated with the relevant sewer, main or pipe;

  • “sludge main" means a pipe or system of pipes (together with any pumps or other machinery or apparatus associated with it) for the conveyance of the residue of water or sewage treated in a water or sewage treatment works as the case may be, including final effluent or the products of the dewatering or incineration of such residue, or partly for any of those purposes and partly for the conveyance of trade effluent or its residue.

PART 17E+WDEVELOPMENT BY STATUTORY UNDERTAKERS

Class A Railway or light railway undertakingsE+W

Permitted developmentE+W

A.  Development by railway undertakers on their operational land, required in connection with the movement of traffic by rail.

Development not permittedE+W

A.1  Development is not permitted by Class A if it consists of or includes—

(a)the construction of a railway,

(b)the construction or erection of a hotel, railway station or bridge, or

(c)the construction or erection otherwise than wholly within a railway station of—

(i)an office, residential or educational building, or a building used for an industrial process, or

(ii)a car park, shop, restaurant, garage, petrol filling station or other building or structure provided under transport legislation.

Interpretation of Class AE+W

A.2  For the purposes of Class A, references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected.

Class B Dock, pier, harbour, water transport, canal or inland navigation undertakingsE+W

Modifications etc. (not altering text)

Permitted developmentE+W

B.  Development on operational land by statutory undertakers or their lessees in respect of dock, pier, harbour, water transport, or canal or inland navigation undertakings, required—

(a)for the purposes of shipping, or

(b)in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, pier or harbour, or with the movement of traffic by canal or inland navigation or by any railway forming part of the undertaking.

Development not permittedE+W

B.1  Development is not permitted by Class B if it consists of or includes—

(a)the construction or erection of a hotel, or of a bridge or other building not required in connection with the handling of traffic,

(b)the construction or erection otherwise than wholly within the limits of a dock, pier or harbour of—

(i)an educational building, or

(ii)a car park, shop, restaurant, garage, petrol filling station or other building provided under transport legislation.

Interpretation of Class BE+W

B.2  For the purposes of Class B, references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected, and the reference to operational land includes land designated by an order made under section 14 or 16 of the Harbours Act 1964 M9 (orders for securing harbour efficiency etc., and orders conferring powers for improvement, construction etc. of harbours), and which has come into force, whether or not the order was subject to the provisions of the Statutory Orders (Special Procedure) Act 1945 M10.

Marginal Citations

M91964 c. 40; section 14 was amended by paragaph 2, and sections 14 and 16 were amended by paragraphs 3, 4 and 14, of Schedule 6 to, and by Part II of Schedule 12 to, the Transport Act 1981 (c. 56); section 14 was amended by paragraph 1, and section 16 was amended by paragraph 2, of Schedule 3 to the Transport and Works Act 1992 (c. 42).

Class C Works to inland waterwaysE+W

Permitted developmentE+W

C.  The improvement, maintenance or repair of an inland waterway (other than a commercial waterway or cruising waterway) to which section 104 of the Transport Act 1968 M11 (classification of the Board’s waterways) applies, and the repair or maintenance of a culvert, weir, lock, aqueduct, sluice, reservoir, let-off valve or other work used in connection with the control and operation of such a waterway.

Marginal Citations

Class D DredgingsE+W

Permitted developmentE+W

D.  The use of any land by statutory undertakers in respect of dock, pier, harbour, water transport, canal or inland navigation undertakings for the spreading of any dredged material.

Class E Water or hydraulic power undertakingsE+W

Permitted developmentE+W

E.  Development for the purposes of their undertaking by statutory undertakers for the supply of water or hydraulic power consisting of—

(a)development not above ground level required in connection with the supply of water or for conserving, redistributing or augmenting water resources, or for the conveyance of water treatment sludge,

(b)development in, on or under any watercourse and required in connection with the improvement or maintenance of that watercourse,

(c)the provision of a building, plant, machinery or apparatus in, on, over or under land for the purpose of survey or investigation,

(d)the maintenance, improvement or repair of works for measuring the flow in any watercourse or channel,

(e)the installation in a water distribution system of a booster station, valve house, meter or switch-gear house,

(f)any works authorised by or required in connection with an order made under section 73 of the Water Resources Act 1991 M12 (power to make ordinary and emergency drought orders),

(g)any other development in, on, over or under operational land other than the provision of a building but including the extension or alteration of a building.

Marginal Citations

Development not permittedE+W

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

(a)in the case of any Class E(a) development, it would include the construction of a reservoir,

(b)in the case of any Class E(e) development involving the installation of a station or house exceeding 29 cubic metres in capacity, that installation is carried out at or above ground level or under a highway used by vehicular traffic,

(c)in the case of any Class E(g) development, it would consist of or include the extension or alteration of a building so that—

(i)its design or external appearance would be materially affected;

(ii)the height of the original building would be exceeded, or the cubic content of the original building would be exceeded by more than 25%, or

(iii)the floor space of the original building would be exceeded by more than 1,000 square metres, or

(d)in the case of any Class E(g) development, it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.

ConditionE+W

E.2  Development is permitted by Class E(c) subject to the condition that, on completion of the survey or investigation, or at the expiration of six months from the commencement of the development, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery and apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition (or to any other condition which may be agreed with the local planning authority).

Class F [F25Public gas transporters] E+W

Textual Amendments

Permitted developmentE+W

F.  Development by a [F25public gas transporter] required for the purposes of its undertaking consisting of—

(a)the laying underground of mains, pipes or other apparatus;

(b)the installation in a gas distribution system of apparatus for measuring, recording, controlling or varying the pressure, flow or volume of gas, and structures for housing such apparatus;

(c)the construction in any storage area or protective area specified in an order made under section 4 of the Gas Act 1965 M13 (storage authorisation orders), of boreholes, and the erection or construction in any such area of any plant or machinery required in connection with the construction of such boreholes;

(d)the placing and storage on land of pipes and other apparatus to be included in a main or pipe which is being or is about to be laid or constructed in pursuance of planning permission granted or deemed to be granted under Part III of the Act (control over development);

(e)the erection on operational land of the [F25public gas transporter] of a building solely for the protection of plant or machinery;

(f)any other development carried out in, on, over or under the operational land of the [F25public gas transporter].

Marginal Citations

M131965 c. 36; section 4 was amended by paragraph 6 of Schedule 7, and Part I of Schedule 9, to the Gas Act 1986 (c. 44), and by paragraph 12 of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11).

Development not permittedE+W

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

(a)in the case of any Class F(b) development involving the installation of a structure for housing apparatus exceeding 29 cubic metres in capacity, that installation would be carried out at or above ground level, or under a highway used by vehicular traffic,

(b)in the case of any Class F(c) development—

(i)the borehole is shown in an order approved by the Secretary of State for Trade and Industry for the purpose of section 4(6) of the Gas Act 1965; or

(ii)any plant or machinery would exceed 6 metres in height, or

(c)in the case of any Class F(e) development, the building would exceed 15 metres in height, or

(d)in the case of any Class F(f) development—

(i)it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected;

(ii)it would involve the installation of plant or machinery exceeding 15 metres in height, or capable without the carrying out of additional works of being extended to a height exceeding 15 metres; or

(iii)it would consist of or include the replacement of any plant or machinery, by plant or machinery exceeding 15 metres in height or exceeding the height of the plant or machinery replaced, whichever is the greater.

ConditionsE+W

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

(a)in the case of any Class F(a) development, not less than eight weeks before the beginning of operations to lay a notifiable pipe-line, the [F25public gas transporter] shall give notice in writing to the local planning authority of its intention to carry out that development, identifying the land under which the pipe-line is to be laid,

(b)in the case of any Class F(d) development, on completion of the laying or construction of the main or pipe, or at the expiry of a period of nine months from the beginning of the development, whichever is the sooner, any pipes or other apparatus still stored on the land shall be removed and the land restored as soon as reasonably practicable to its condition before the development took place (or to any other condition which may be agreed with the local planning authority),

(c)in the case of any Class F(e) development, approval of the details of the design and external appearance of the building shall be obtained, before the development is begun, from—

(i)in Greater London or a metropolitan county, the local planning authority,

(ii)in a National Park [F26in England], outside a metropolitan county, the county planning authority,

(iii)in any other case [F27in England], the district planning authority M14.

[F28(iv)in Wales, the local planning authority.]

Textual Amendments

Marginal Citations

M14For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.

Class G Electricity undertakingsE+W

Permitted developmentE+W

G.  Development by statutory undertakers for the generation, transmission or supply of electricity for the purposes of their undertaking consisting of—

(a)the installation or replacement in, on, over or under land of an electric line and the construction of shafts and tunnels and the installation or replacement of feeder or service pillars or transforming or switching stations or chambers reasonably necessary in connection with an electric line;

(b)the installation or replacement of any [F29electronic communications line] which connects any part of an electric line to any electrical plant or building, and the installation or replacement of any support for any such line;

(c)the sinking of boreholes to ascertain the nature of the subsoil and the installation of any plant or machinery reasonably necessary in connection with such boreholes;

(d)the extension or alteration of buildings on operational land;

(e)the erection on operational land of the undertaking or a building solely for the protection of plant or machinery;

(f)any other development carried out in, on, over or under the operational land of the undertaking.

Textual Amendments

Development not permittedE+W

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

(a)in the case of any Class G(a) development—

(i)it would consist of or include the installation or replacement of an electric line to which section 37(1) of the Electricity Act 1989 M15 (consent required for overhead lines) applies; or

(ii)it would consist of or include the installation or replacement at or above ground level or under a highway used by vehicular traffic, of a chamber for housing apparatus and the chamber would exceed 29 cubic metres in capacity;

(b)in the case of any Class G(b) development—

(i)the development would take place in a National Park, an area of outstanding natural beauty, or a site of special scientific interest;

(ii)the height of any support would exceed 15 metres; or

(iii)the [F29electronic communications line] would exceed 1,000 metres in length;

(c)in the case of any Class G(d) development—

(i)the height of the original building would be exceeded;

(ii)the cubic content of the original building would be exceeded by more than 25% or, in the case of any building on article 1(5) land, by more than 10%, or

(iii)the floor space of the original building would be exceeded by more than 1,000 square metres or, in the case of any building on article 1(5) land, by more than 500 square metres;

(d)in the case of any Class G(e) development, the building would exceed 15 metres in height, or

(e)in the case of any Class G(f) development, it would consist of or include—

(i)the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected, or

(ii)the installation or erection by way of addition or replacement of any plant or machinery exceeding 15 metres in height or the height of any plant or machinery replaced, whichever is the greater.

Textual Amendments

Marginal Citations

ConditionsE+W

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

(a)in the case of any Class G(a) development consisting of or including the replacement of an existing electric line, compliance with any conditions contained in a planning permission relating to the height, design or position of the existing electric line which are capable of being applied to the replacement line;

(b)in the case of any Class G(a) development consisting of or including the installation of a temporary electric line providing a diversion for an existing electric line, on the ending of the diversion or at the end of a period of six months from the completion of the installation (whichever is the sooner) the temporary electric line shall be removed and the land on which any operations have been carried out to install that line shall be restored as soon as reasonably practicable to its condition before the installation took place;

(c)in the case of any Class G(c) development, on the completion of that development, or at the end of a period of six months from the beginning of that development (whichever is the sooner) any plant or machinery installed shall be removed and the land shall be restored as soon as reasonably practicable to its condition before the development took place;

(d)in the case of any Class G(e) development, approval of details of the design and external appearance of the buildings shall be obtained, before development is begun, from—

(i)in Greater London or a metropolitan county, the local planning authority,

(ii)in a National Park [F30in England], outside a metropolitan county, the county planning authority,

(iii)in any other case [F31in England], the district planning authority M16.

[F32(iv)in Wales, the local planning authority.]

Textual Amendments

Marginal Citations

M16For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.

Interpretation of Class GE+W

G.3  For the purposes of Class G(a), “electric line" has the meaning assigned to that term by section 64(1) of the Electricity Act 1989 (interpretation etc. of Part 1).

G.4  For the purposes of Class G(b), “electrical plant" has the meaning assigned to that term by the said section 64(1) and “[F29electronic communications line]" means a wire or cable (including its casing or coating) which forms part of [F29an electronic communications apparatus] within the meaning assigned to that term by paragraph 1 of Schedule 2 to the Telecommunications Act 1984 M17 (the [F29electronic communications code]).E+W

Textual Amendments

Marginal Citations

G.5  For the purposes of Class G(d), (e) and (f), the land of the holder of a licence under section 6(2) of the Electricity Act 1989 (licences authorising supply etc.) shall be treated as operational land if it would be operational land within section 263 of the Act M18 (meaning of “operational land") if such licence holders were statutory undertakers for the purpose of that section.E+W

Marginal Citations

M18Section 263 was amended by paragraph 23 of Schedule 6 to the Planning and Compensation Act 1991 (c. 34).

Class H Tramway or road transport undertakingsE+W

Permitted developmentE+W

H.  Development required for the purposes of the carrying on of any tramway or road transport undertaking consisting of—

(a)the installation of posts, overhead wires, underground cables, feeder pillars or transformer boxes in, on, over or adjacent to a highway for the purpose of supplying current to public service vehicles;

(b)the installation of tramway tracks, and conduits, drains and pipes in connection with such tracks for the working of tramways;

(c)the installation of telephone cables and apparatus, huts, stop posts and signs required in connection with the operation of public service vehicles;

(d)the erection or construction and the maintenance, improvement or other alteration of passenger shelters and barriers for the control of people waiting to enter public service vehicles;

(e)any other development on operational land of the undertaking.

Development not permittedE+W

H.1  Development is not permitted by Class H if it would consist of—

(a)in the case of any Class H(a) development, the installation of a structure exceeding 17 cubic metres in capacity,

(b)in the case of any Class H(e) development—

(i)the erection of a building or the reconstruction or alteration of a building where its design or external appearance would be materially affected,

(ii)the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any plant or machinery it replaces, whichever is the greater,

(iii)development, not wholly within a bus or tramway station, in pursuance of powers contained in transport legislation.

Class I Lighthouse undertakingsE+W

Permitted developmentE+W

I.  Development required for the purposes of the functions of a general or local lighthouse authority under the Merchant Shipping Act 1894 M19 and any other statutory provision made with respect to a local lighthouse authority, or in the exercise by a local lighthouse authority of rights, powers or duties acquired by usage prior to the 1894 Act.

Marginal Citations

Development not permittedE+W

I.1  Development is not permitted by Class I if it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected.

Class J [F33Universal Services Providers]E+W

Textual Amendments

Permitted developmentE+W

J.  Development required for the purposes of [F34a universal service provider (within the meaning of the Postal Services Act 2000) in connection with the provision of a universal postal service (within the meaning of that Act )] consisting of—

(a)the installation of posting boxes or self-service machines,

(b)any other development carried out in, on, over or under the operational land of the undertaking.

Textual Amendments

Development not permittedE+W

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

(a)it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected, or

(b)it would consist of or include the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any existing plant or machinery, whichever is the greater.

Interpretation of Part 17E+W

K.  For the purposes of Part 17—

“transport legislation" means section 14(1)(d) of the Transport Act 1962 M20 (supplemental provisions relating to the Boards’ powers) or section 10(1)(x) of the Transport Act 1968 M21 (general powers of Passenger Transport Executive).

Marginal Citations

PART 18E+WAVIATION DEVELOPMENT

Class A Development at an airportE+W

Permitted developmentE+W

A.  The carrying out on operational land by a relevant airport operator or its agent of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at a relevant airport.

Development not permittedE+W

A.1  Development is not permitted by Class A if it would consist of or include—

(a)the construction or extension of a runway;

(b)the construction of a passenger terminal the floor space of which would exceed 500 square metres;

(c)the extension or alteration of a passenger terminal, where the floor space of the building as existing at 5th December 1988 or, if built after that date, of the building as built, would be exceeded by more than 15%;

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

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

ConditionE+W

A.2  Development is permitted by Class A subject to the condition that the relevant airport operator consults the local planning authority before carrying out any development, unless that development falls within the description in paragraph A.4.

Interpretation of Class AE+W

A.3  For the purposes of paragraph A.1, floor space shall be calculated by external measurement and without taking account of the floor space in any pier or satellite.

A.4  Development falls within this paragraph if—E+W

(a)it is urgently required for the efficient running of the airport, 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.

[F35Class B Air traffic services development at an airportE+W

Textual Amendments

Permitted developmentE+W

B.  The carrying out on operational land within the perimeter of a relevant airport by a relevant airport operator or its agent of development in connection with the provision of air traffic services.]

[F36Class C Air traffic services development near an airportE+W

Textual Amendments

Permitted developmentE+W

C.  The carrying out on operational land outside but within 8 kilometres of the perimeter of a relevant airport, by a relevant airport operator or its agent, of development in connection with the provision of air traffic services.

Development not permittedE+W

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

(a)any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b)any building erected would exceed a height of 4 metres;

(c)it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast antenna or apparatus, if greater.]

[F37Class D Development by an air traffic services licence holder within an airportE+W

Textual Amendments

Permitted developmentE+W

D.  The carrying out by an air traffic services licence holder or its agents within the perimeter of an airport of development in connection with the provision of air traffic services.]

[F38Class E Development by an air traffic services licence holder on operational landE+W

Textual Amendments

Permitted developmentE+W

E.  The carrying out on operational land of an air traffic services licence holder by that licence holder or its agents of development in connection with the provision of air traffic services.

Development not permittedE+W

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

(a)any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b)any building erected would exceed a height of 4 metres; or

(c)it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.]

[F39Class F Development by an air traffic services licence holder in an emergencyE+W

Textual Amendments

Permitted developmentE+W

F  The use of land by or on behalf of an air traffic services licence holder in an emergency to station moveable apparatus replacing unserviceable apparatus.

ConditionE+W

F.1.  Development is permitted by Class F subject to the condition that on or before the expiry of a period of six months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer.]

[F40Class G Development by an air traffic services licence holder involving moveable structuresE+W

Textual Amendments

Permitted developmentE+W

G.  The use of land by or on behalf of an air traffic services licence holder to provide services and facilities in connection with the provision of air traffic services and the erection or placing of moveable structures on the land for the purposes of that use.

ConditionE+W

G.1.  Development is permitted by Class G subject to the condition that, on or before the expiry of the period of six months beginning with the date on which the use began, the use shall cease, and any structure shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer.]

Class H Development by the Civil Aviation Authority for surveys etc.E+W

Permitted developmentE+W

H.  The use of land by or on behalf of the Civil Aviation Authority for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations.

ConditionE+W

H.1  Development is permitted by Class H subject to the condition that on or before the expiry of the period of six months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer.

Class I Use of airport buildings managed by relevant airport operatorsE+W

Permitted developmentE+W

I.  The use of buildings within the perimeter of an airport managed by a relevant airport operator for purposes connected with air transport services or other flying activities at that airport.

Interpretation of Part 18E+W

J.  For the purposes of Part 18—

  • “operational building" means a building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at a relevant airport;

  • “relevant airport" means an airport to which Part V of the Airports Act 1986 M22 (status of certain airports as statutory undertakers etc.) applies; and

  • “relevant airport operator" means a relevant airport operator within the meaning of section 57 of the Airports Act 1986 (scope of Part V).

Marginal Citations

PART 19E+WDEVELOPMENT ANCILLARY TO MINING OPERATIONS

Class AE+W

Permitted developmentE+W

A.  The carrying out of operations for the erection, extension, installation, rearrangement, replacement, repair or other alteration of any—

(a)plant or machinery,

(b)buildings,

(c)private ways or private railways or sidings, or

(d)sewers, mains, pipes, cables or other similar apparatus,

on land used as a mine.

Development not permittedE+W

A.1  Development is not permitted by Class A—

(a)in relation to land at an underground mine—

(i)on land which is not an approved site; or

(ii)on land to which the description in paragraph D.1(b) applies, unless a plan of that land was deposited with the mineral planning authority before 5th June 1989;

(b)if the principal purpose of the development would be any purpose other than—

(i)purposes in connection with the winning and working of minerals at that mine or of minerals brought to the surface at that mine; or

(ii)the treatment, storage or removal from the mine of such minerals or waste materials derived from them;

(c)if the external appearance of the mine would be materially affected;

(d)if the height of any building, plant or machinery which is not in an excavation would exceed—

(i)15 metres above ground level; or

(ii)the height of the building, plant or machinery, if any, which is being rearranged, replaced or repaired or otherwise altered,

whichever is the greater;

(e)if the height of any building, plant or machinery in an excavation would exceed—

(i)15 metres above the excavated ground level; or

(ii)15 metres above the lowest point of the unexcavated ground immediately adjacent to the excavation; or

(iii)the height of the building, plant or machinery, if any, which is being rearranged, replaced or repaired or otherwise altered,

whichever is the greatest;

(f)if any building erected (other than a replacement building) would have a floor space exceeding 1,000 square metres; or

(g)if the cubic content of any replaced, extended or altered building would exceed by more than 25% the cubic content of the building replaced, extended or altered or the floor space would exceed by more than 1,000 square metres the floor space of that building.

ConditionE+W

A.2  Development is permitted by Class A subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the mineral planning authority agree in writing—

(a)all buildings, plant and machinery permitted by Class A shall be removed from the land unless the mineral planning authority have otherwise agreed in writing; and

(b)the land shall be restored, so far as is practicable, to its condition before the development took place, or restored to such condition as may have been agreed in writing between the mineral planning authority and the developer.

Class BE+W

Permitted developmentE+W

B.  The carrying out, on land used as a mine or on ancillary mining land, with the prior approval of the mineral planning authority, of operations for the erection, installation, extension, rearrangement, replacement, repair or other alteration of any—

(a)plant or machinery,

(b)buildings, or

(c)structures or erections.

Development not permittedE+W

B.1  Development is not permitted by Class B—

(a)in relation to land at an underground mine—

(i)on land which is not an approved site; or

(ii)on land to which the description in paragraph D.1(b) applies, unless a plan of that land was deposited with the mineral planning authority before 5th June 1989;

or

(b)if the principal purpose of the development would be any purpose other than—

(i)purposes in connection with the operation of the mine,

(ii)the treatment, preparation for sale, consumption or utilization of minerals won or brought to the surface at that mine, or

(iii)the storage or removal from the mine of such minerals, their products or waste materials derived from them.

B.2  The prior approval referred to in Class B shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—E+W

(a)the proposed development would injure the amenity of the neighbourhood and modifications can reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury, or

(b)the proposed development ought to be, and could reasonably be, sited elsewhere.

ConditionE+W

B.3  Development is permitted by Class B subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the mineral planning authority agree in writing—

(a)all buildings, plant, machinery, structures and erections permitted by Class B shall be removed from the land unless the mineral planning authority have otherwise agreed in writing; and

(b)the land shall be restored, so far as is practicable, to its condition before the development took place or restored to such condition as may have been agreed in writing between the mineral planning authority and the developer.

Class CE+W

Permitted developmentE+W

C.  The carrying out with the prior approval of the mineral planning authority of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or a disused mine.

Development not permittedE+W

C.1  Development is not permitted by Class C if it is carried out by the Coal Authority or any licensed operator within the meaning of section 65 of the Coal Industry Act 1994 M23 (interpretation).

Marginal Citations

Prior approvalsE+W

C.2(1)  The prior approval of the mineral planning authority to development permitted by Class C is not required if—

(a)the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

(b)no building, plant, machinery, structure or erection—

(i)would exceed a height of 15 metres above ground level, or

(ii)where any building, plant, machinery, structure or erection is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was rearranged, replaced or repaired, whichever is the greater,

and

(c)the development consists of the extension, alteration or replacement of an existing building, within the limits set out in paragraph (3).

(2) The approval referred to in Class C shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a)the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury, or

(b)the proposed development ought to be, and could reasonably be, sited elsewhere.

(3) The limits referred to in paragraph C.2(1)(c) are—

(a)that the cubic content of the building as extended, altered or replaced does not exceed that of the existing building by more than 25%, and

(b)that the floor space of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

Interpretation of Part 19E+W

D.1  An area of land is an approved site for the purposes of Part 19 if—

(a)it is identified in a grant of planning permission or any instrument by virtue of which planning permission is deemed to be granted, as land which may be used for development described in this Part; or

(b)in any other case, it is land immediately adjoining an active access to an underground mine which, on 5th December 1988, was in use for the purposes of that mine, in connection with the purposes described in paragraph A.1(b)(i) or (ii) or paragraph B.1(b)(i) to (iii) above.

D.2  For the purposes of Part 19—E+W

  • “active access" means a surface access to underground workings which is in normal and regular use for the transportation of minerals, materials, spoil or men;

  • “ancillary mining land" means land adjacent to and occupied together with a mine at which the winning and working of minerals is carried out in pursuance of planning permission granted or deemed to be granted under Part III of the Act (control over development);

  • “minerals" does not include any coal other than coal won or worked during the course of operations which are carried on exclusively for the purpose of exploring for coal or confined to the digging or carrying away of coal that it is necessary to dig or carry away in the course of activities carried on for purposes which do not include the getting of coal or any product of coal;

  • “the prior approval of the mineral planning authority" means prior written approval of that authority of detailed proposals for the siting, design and external appearance of the building, plant or machinery proposed to be erected, installed, extended or altered;

  • “underground mine" is a mine at which minerals are worked principally by underground methods.

PART 20E+WCOAL MINING DEVELOPMENT BY THE COAL AUTHORITYAND LICENSED OPERATORS

Class AE+W

Permitted developmentE+W

A.  Development by a licensee of the Coal Authority, in a mine started before 1st July 1948, consisting of—

(a)the winning and working underground of coal or coal-related minerals in a designated seam area; or

(b)the carrying out of development underground which is required in order to gain access to and work coal or coal-related minerals in a designated seam area.

ConditionsE+W

A.1  Development is permitted by Class A subject to the following conditions—

(a)subject to sub-paragraph (b)—

(i)except in a case where there is an approved restoration scheme or mining operations have permanently ceased, the developer shall, before 31st December 1995 or before any later date which the mineral planning authority may agree in writing, apply to the mineral planning authority for approval of a restoration scheme;

(ii)where there is an approved restoration scheme, reinstatement, restoration and aftercare shall be carried out in accordance with that scheme;

(iii)if an approved restoration scheme does not specify the periods within which reinstatement, restoration or aftercare should be carried out, it shall be subject to conditions that–

(aa)reinstatement or restoration, if any, shall be carried out before the end of the period of 24 months from either the date when the mining operations have permanently ceased or the date when any application for approval of a restoration scheme under sub-paragraph (a)(i) has been finally determined, whichever is later, and

(bb)aftercare, if any, in respect of any part of a site, shall be carried out throughout the period of five years from either the date when any reinstatement or restoration in respect of that part is completed or the date when any application for approval of a restoration scheme under sub-paragraph (a)(i) has been finally determined, whichever is later;

(iv)where there is no approved restoration scheme–

(aa)all buildings, plant, machinery, structures and erections used at any time for or in connection with any previous coal-mining operations at that mine shall be removed from any land which is an authorised site unless the mineral planning authority have otherwise agreed in writing, and

(bb)that land shall, so far as practicable, be restored to its condition before any previous coal-mining operations at that mine took place or to such condition as may have been agreed in writing between the mineral planning authority and the developer,

before the end of the period specified in sub-paragraph (v);

(v)the period referred to in sub-paragraph (iv) is–

(aa)the period of 24 months from the date when the mining operations have permanently ceased or, if an application for approval of a restoration scheme has been made under sub-paragraph (a)(i) before that date, 24 months from the date when that application has been finally determined, whichever is later, or

(bb)any longer period which the mineral planning authority have agreed in writing;

(vi)for the purposes of sub-paragraph (a), an application for approval of a restoration scheme has been finally determined when the following conditions have been met–

(aa)any proceedings on the application, including any proceeding on or in consequence of an application under section 288 of the Act (proceedings for questioning the validity of certain orders, decisions and directions), have been determined, and

(bb)any time for appealing under section 78 (right to appeal against planning decisions and failure to take such decisions), or applying or further applying under section 288, of the Act (where there is a right to do so) has expired;

(b)sub-paragraph (a) shall not apply to land in respect of which there is an extant planning permission which—

(i)has been granted on an application under Part III of the Act, and

(ii)has been implemented.

Interpretation of Class AE+W

A.2  For the purposes of Class A—

  • “a licensee of the Coal Authority" means any person who is for the time being authorised by a licence under Part II of the Coal Industry Act 1994 to carry on coal-mining operations to which section 25 of that Act (coal-mining operations to be licensed) applies;

  • “approved restoration scheme" means a restoration scheme which is approved when an application made under paragraph A.1(a)(i) is finally determined, as approved (with or without conditions), or as subsequently varied with the written approval of the mineral planning authority (with or without conditions);

  • “coal-related minerals" means minerals other than coal which are, or may be, won and worked by coal-mining operations;

  • “designated seam area" means land identified, in accordance with paragraph (a) of the definition of “seam plan", in a seam plan which was deposited with the mineral planning authority before 30th September 1993;

  • “previous coal-mining operations" has the same meaning as in section 54(3) of the Coal Industry Act 1994 (obligations to restore land affected by coal-mining operations) and references in Class A to the use of anything in connection with any such operations shall include references to its use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;

  • “restoration scheme" means a scheme which makes provision for the reinstatement, restoration or aftercare (or a combination of these) of any land which is an authorised site and has been used at any time for or in connection with any previous coal-mining operations at that mine; and

  • “seam plan" means a plan or plans on a scale of not less than 1 to 25,000 showing—

    (a)

    land comprising the maximum extent of the coal seam or seams that could have been worked from shafts or drifts existing at a mine at 13th November 1992, without further development on an authorised site other than development permitted by Class B of Part 20 of Schedule 2 to the Town and Country Planning General Development Order 1988 M24, as originally enacted;

    (b)

    any active access used in connection with the land referred to in paragraph (a) of this definition;

    (c)

    the National Grid lines and reference numbers shown on Ordnance Survey maps;

    (d)

    a typical stratigraphic column showing the approximate depths of the coal seam referred to in paragraph (a) of this definition.

Marginal Citations

M24S.I. 1988/1813; Schedule 2 to the Town and Country Planning General Development Order 1988 is revoked by this Order.

Class BE+W

Permitted developmentE+W

B.  Development by a licensee of the British Coal Corporation, in a mine started before 1st July 1948, consisting of—E+W

(a)the winning and working underground of coal or coal-related minerals in a designated seam area; or

(b)the carrying out of development underground which is required in order to gain access to and work coal or coal-related minerals in a designated seam area.

Interpretation of Class BE+W

B.1  For the purposes of Class B—

  • “designated seam area" has the same meaning as in paragraph A.2 above;

  • “coal-related minerals" means minerals other than coal which can only be economically worked in association with the working of coal or which can only be economically brought to the surface by the use of a mine of coal; and

  • “a licensee of the British Coal Corporation" means any person who is for the time being authorised by virtue of section 25(3) of the Coal Industry Act 1994 (coal-mining operations to be licensed) to carry on coal-mining operations to which section 25 of that Act applies.

Class CE+W

Permitted developmentE+W

C.  Any development required for the purposes of a mine which is carried out on an authorised site at that mine by a licensed operator, in connection with coal-mining operations.E+W

Development not permittedE+W

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

(a)the external appearance of the mine would be materially affected;

(b)any building, plant or machinery, structure or erection or any deposit of minerals or waste—

(i)would exceed a height of 15 metres above ground level, or

(ii)where a building, plant or machinery would be rearranged, replaced or repaired, the resulting development would exceed a height of 15 metres above ground level or the height of what was rearranged, replaced or repaired, whichever is the greater;

(c)any building erected (other than a replacement building) would have a floor space exceeding 1,000 square metres;

(d)the cubic content of any replaced, extended or altered building would exceed by more than 25% the cubic content of the building replaced, extended or altered or the floor space would exceed by more than 1,000 square metres, the floor space of that building;

(e)it would be for the purpose of creating a new surface access to underground workings or of improving an existing access (which is not an active access) to underground workings; or

(f)it would be carried out on land to which the description in paragraph F.2(1)(b) applies, and a plan of that land had not been deposited with the mineral planning authority before 5th June 1989.

ConditionsE+W

C.2  Development is permitted by Class C subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the mineral planning authority agree in writing—

(a)all buildings, plant, machinery, structures and erections and deposits of minerals or waste permitted by Class C shall be removed from the land unless the mineral planning authority have otherwise agreed in writing; and

(b)the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the mineral planning authority and the developer.

Class DE+W

Permitted developmentE+W

D.  Any development required for the purposes of a mine which is carried out on an authorised site at that mine by a licensed operator in connection with coal-mining operations and with the prior approval of the mineral planning authority.E+W

Development not permittedE+W

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

(a)it would be for the purpose of creating a new surface access or improving an existing access (which is not an active access) to underground workings; or

(b)it would be carried out on land to which the description in paragraph F.2(1)(b) applies, and a plan of that land had not been deposited with the mineral planning authority before 5th June 1989.

ConditionE+W

D.2  Development is permitted by Class D subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the mineral planning authority agree in writing—

(a)all buildings, plant, machinery, structures and erections and deposits of minerals or waste permitted by Class D shall be removed from the land, unless the mineral planning authority have otherwise agreed in writing; and

(b)the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the mineral planning authority and the developer.

Interpretation of Class DE+W

D.3  The prior approval referred to in Class D shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a)the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury, or

(b)the proposed development ought to be, and could reasonably be, sited elsewhere.

Class EE+W

Permitted developmentE+W

E.  The carrying out by the Coal Authority or a licensed operator, with the prior approval of the mineral planning authority, of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or a disused mine.E+W

Prior approvalsE+W

E.1(1)  The prior approval of the mineral planning authority to development permitted by Class E is not required if—

(a)the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

(b)no building, plant or machinery, structure or erection—

(i)would exceed a height of 15 metres above ground level, or

(ii)where any building, plant, machinery, structure or erection is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was rearranged, replaced or repaired, whichever is the greater,

and

(c)the development consists of the extension, alteration or replacement of an existing building, within the limits set out in paragraph (3).

(2) The approval referred to in Class E shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a)the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury, or

(b)the proposed development ought to be, and could reasonably be, sited elsewhere.

(3) The limits referred to in paragraph E.1(1)(c) are—

(a)that the cubic content of the building as extended, altered or replaced does not exceed that of the existing building by more than 25%, and

(b)that the floor space of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

Interpretation of Part 20E+W

F.1  For the purposes of Part 20—

  • “active access" means a surface access to underground workings which is in normal and regular use for the transportation of coal, materials, spoil or men;

  • “coal-mining operations" has the same meaning as in section 65 of the Coal Industry Act 1994 (interpretation) and references to any development or use in connection with coal-mining operations shall include references to development or use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;

  • “licensed operator" has the same meaning as in section 65 of the Coal Industry Act 1994;

  • “normal and regular use" means use other than intermittent visits to inspect and maintain the fabric of the mine or any plant or machinery; and

  • “prior approval of the mineral planning authority" means prior written approval of that authority of detailed proposals for the siting, design and external appearance of the proposed building, plant or machinery, structure or erection as erected, installed, extended or altered.

F.2(1)  Subject to sub-paragraph (2), land is an authorised site for the purposes of Part 20 if—E+W

(a)it is identified in a grant of planning permission or any instrument by virtue of which planning permission is deemed to be granted as land which may be used for development described in this Part; or

(b)in any other case, it is land immediately adjoining an active access which, on 5th December 1988, was in use for the purposes of that mine in connection with coal-mining operations.

(2) For the purposes of sub-paragraph (1), land is not to be regarded as in use in connection with coal-mining operations if—

(a)it is used for the permanent deposit of waste derived from the winning and working of minerals; or

(b)there is on, over or under it a railway, conveyor, aerial ropeway, roadway, overhead power line or pipe-line which is not itself surrounded by other land used for those purposes.

PART 21E+WWASTE TIPPING AT A MINE

Class AE+W

Permitted developmentE+W

A.  The deposit, on premises used as a mine or on ancillary mining land already used for the purpose, of waste derived from the winning and working of minerals at that mine or from minerals brought to the surface at that mine, or from the treatment or the preparation for sale, consumption or utilization of minerals from the mine.E+W

Development not permittedE+W

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

(a)in the case of waste deposited in an excavation, waste would be deposited at a height above the level of the land adjoining the excavation, unless that is provided for in a waste management scheme or a relevant scheme;

(b)in any other case, the superficial area or height of the deposit (measured as at 21st October 1988) would be increased by more than 10%, unless such an increase is provided for in a waste management scheme or in a relevant scheme.

ConditionsE+W

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

(a)except in a case where a relevant scheme or a waste management scheme has already been approved by the mineral planning authority, the developer shall, if the mineral planning authority so require, within three months or such longer period as the authority may specify, submit a waste management scheme for that authority’s approval;

(b)where a waste management scheme or a relevant scheme has been approved, the depositing of waste and all other activities in relation to that deposit shall be carried out in accordance with the scheme as approved.

Interpretation of Class AE+W

A.3  For the purposes of Class A—

  • “ancillary mining land" means land adjacent to and occupied together with a mine at which the winning and working of minerals is carried out in pursuance of planning permission granted or deemed to be granted under Part III of the Act (control over development); and

  • “waste management scheme" means a scheme required by the mineral planning authority to be submitted for their approval in accordance with the condition in paragraph A.2(a) which makes provision for—

    (a)

    the manner in which the depositing of waste (other than waste deposited on a site for use for filling any mineral excavation in the mine or on ancillary mining land in order to comply with the terms of any planning permission granted on an application or deemed to be granted under Part III of the Act) is to be carried out after the date of the approval of that scheme;

    (b)

    where appropriate, the stripping and storage of the subsoil and topsoil;

    (c)

    the restoration and aftercare of the site.

Class BE+W

Permitted developmentE+W

B.  The deposit on land comprised in a site used for the deposit of waste materials or refuse on 1st July 1948 of waste resulting from coal-mining operations.E+W

Development not permittedE+W

B.1  Development is not permitted by Class B unless it is in accordance with a relevant scheme approved by the mineral planning authority before 5th December 1988.

Interpretation of Class BE+W

B.2  For the purposes of Class B—

“coal-mining operations" has the same meaning as in section 65 of the Coal Industry Act 1994 M25(interpretation).

Marginal Citations

Interpretation of Part 21E+W

C.  For the purposes of Part 21—

“relevant scheme" means a scheme, other than a waste management scheme, requiring approval by the mineral planning authority in accordance with a condition or limitation on any planning permission granted or deemed to be granted under Part III of the Act (control over development), for making provision for the manner in which the deposit of waste is to be carried out and for the carrying out of other activities in relation to that deposit.

PART 22E+WMINERAL EXPLORATION

Class AE+W

Permitted developmentE+W

A.  Development on any land during a period not exceeding 28 consecutive days consisting of–E+W

(a)the drilling of boreholes;

(b)the carrying out of seismic surveys; or

(c)the making of other excavations,

for the purpose of mineral exploration, and the provision or assembly on that land or adjoining land of any structure required in connection with any of those operations.

Development not permittedE+W

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

(a)it consists of the drilling of boreholes for petroleum exploration;

(b)any operation would be carried out within 50 metres of any part of an occupied residential building or a building occupied as a hospital or school;

(c)any operation would be carried out within a National Park, an area of outstanding natural beauty, a site of archaeological interest or a site of special scientific interest;

(d)any explosive charge of more than 1 kilogram would be used;

(e)any excavation referred to in paragraph A(c) would exceed 10 metres in depth or 12 square metres in surface area;

(f)in the case described in paragraph A(c) more than 10 excavations would, as a result, be made within any area of 1 hectare within the land during any period of 24 months; or

(g)any structure assembled or provided would exceed 12 metres in height, or, where the structure would be within 3 kilometres of the perimeter of an aerodrome, 3 metres in height.

ConditionsE+W

A.2  Development is permitted by Class A subject to the following conditions–

(a)no operations shall be carried out between 6.00 p.m. and 7.00 a.m.;

(b)no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless the mineral planning authority have so agreed in writing;

(c)before any excavation (other than a borehole) is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;

(d)within a period of 28 days from the cessation of operations unless the mineral planning authority have agreed otherwise in writing–

(i)any structure permitted by Class A and any waste material arising from other development so permitted shall be removed from the land,

(ii)any borehole shall be adequately sealed,

(iii)any other excavation shall be filled with material from the site,

(iv)the surface of the land on which any operations have been carried out shall be levelled and any topsoil replaced as the uppermost layer, and

(v)the land shall, so far as is practicable, be restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting.

Class BE+W

Permitted developmentE+W

B.  Development on any land consisting of—E+W

(a)the drilling of boreholes;

(b)the carrying out of seismic surveys; or

(c)the making of other excavations,

for the purposes of mineral exploration, and the provision or assembly on that land or on adjoining land of any structure required in connection with any of those operations.

Development not permittedE+W

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

(a)it consists of the drilling of boreholes for petroleum exploration;

(b)the developer has not previously notified the mineral planning authority in writing of his intention to carry out the development (specifying the nature and location of the development);

(c)the relevant period has not elapsed;

(d)any explosive charge of more than 2 kilograms would be used;

(e)any excavation referred to in paragraph B(c) would exceed 10 metres in depth or 12 square metres in surface area; or

(f)any structure assembled or provided would exceed 12 metres in height.

ConditionsE+W

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

(a)the development shall be carried out in accordance with the details in the notification referred to in paragraph B.1(b), unless the mineral planning authority have otherwise agreed in writing;

(b)no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless specified in detail in the notification refered to in paragraph B.1(b) or the mineral planning authority have otherwise agreed in writing;

(c)before any excavation other than a borehole is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;

(d)within a period of 28 days from operations ceasing, unless the mineral planning authority have agreed otherwise in writing—

(i)any structure permitted by Class B and any waste material arising from other development so permitted shall be removed from the land,

(ii)any borehole shall be adequately sealed,

(iii)any other excavation shall be filled with material from the site,

(iv)the surface of the land shall be levelled and any topsoil replaced as the uppermost layer, and

(v)the land shall, so far as is practicable, be restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting,

and

(e)the development shall cease no later than a date six months after the elapse of the relevant period, unless the mineral planning authority have otherwise agreed in writing.

Interpretation of Class BE+W

B.3  For the purposes of Class B—

“relevant period" means the period elapsing—

(a)

where a direction is not issued under article 7, 28 days after the notification referred to in paragraph B.1(b) or, if earlier, on the date on which the mineral planning authority notify the developer in writing that they will not issue such a direction, or

(b)

where a direction is issued under article 7, 28 days from the date on which notice of that decision is sent to the Secretary of State, or, if earlier, the date on which the mineral planning authority notify the developer that the Secretary of State has disallowed the direction.

Interpretation of Part 22E+W

C.  For the purposes of Part 22—

  • “mineral exploration" means ascertaining the presence, extent or quality of any deposit of a mineral with a view to exploiting that mineral; and

  • “structure" includes a building, plant or machinery.

PART 23E+WREMOVAL OF MATERIAL FROM MINERAL-WORKING DEPOSITS

Class AE+W

Permitted developmentE+W

A.  The removal of material of any description from a stockpile.

Class BE+W

Permitted developmentE+W

B.  The removal of material of any description from a mineral-working deposit other than a stockpile.

Development not permittedE+W

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

(a)the developer has not previously notified the mineral planning authority in writing of his intention to carry out the development and supplied them with the appropriate details;

(b)the deposit covers a ground area exceeding 2 hectares, unless the deposit contains no mineral or other material which was deposited on the land more than 5 years before the development; or

(c)the deposit derives from the carrying out of any operations permitted under Part 6 of this Schedule or any Class in a previous development order which it replaces.

ConditionsE+W

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

(a)it shall be carried out in accordance with the details given in the notice sent to the mineral planning authority referred to in paragraph B.1(a) above, unless that authority have agreed otherwise in writing;

(b)if the mineral planning authority so require, the developer shall within a period of three months from the date of the requirement (or such other longer period as that authority may provide) submit to them for approval a scheme providing for the restoration and aftercare of the site;

(c)where such a scheme is required, the site shall be restored and aftercare shall be carried out in accordance with the provisions of the approved scheme;

(d)development shall not be commenced until the relevant period has elapsed.

Interpretation of Class BE+W

B.3  For the purposes of Class B—

  • “appropriate details" means the nature of the development, the exact location of the mineral-working deposit from which the material would be removed, the proposed means of vehicular access to the site at which the development is to be carried out, and the earliest date at which any mineral presently contained in the deposit was deposited on the land; and

  • “relevant period" means the period elapsing—

    (a)

    where a direction is not issued under article 7, 28 days after the notification referred to in paragraph B.1(a) or, if earlier, on the date on which the mineral planning authority notify the developer in writing that they will not issue such a direction; or

    (b)

    where a direction is issued under article 7, 28 days from the date on which notice of that direction is sent to the Secretary of State, or, if earlier, the date on which the mineral planning authority notify the developer that the Secretary of State has disallowed the direction.

Interpretation of Part 23E+W

C.  For the purposes of Part 23—

“stockpile" means a mineral-working deposit consisting primarily of minerals which have been deposited for the purposes of their processing or sale.

[F41PART 24EDEVELOPMENT BY [F42ELECTRONIC COMMUNICATIONS CODE OPERATOR]S

Extent Information

E1This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

Class A Permitted DevelopmentE

A.  Development by or on behalf of a [F42electronic communications code operator] for the purpose of the operator’s [F42electronic communications network] in, on, over or under land controlled by that operator [F43or] [F42in accordance with the electronic communications code], consisting of—

(a)the installation, alteration or replacement of any [F42electronic communications apparatus],

(b)the use of land in an emergency for a period not exceeding six months to station and operate moveable [F42electronic communications apparatus] required for the replacement of unserviceable [F42electronic communications apparatus], including the provision of moveable structures on the land for the purposes of that use, or

(c)development ancillary to radio equipment housing.

Textual Amendments

Development not permittedE

A.1.  Development is not permitted by Class A(a) if—

(a)in the case of the installation of apparatus (other than on a building or other structure) the apparatus, excluding any antenna, would exceed a height of 15 metres above ground level;

(b)in the case of the alteration or replacement of apparatus already installed (other than on a building or other structure), the apparatus, excluding any antenna, would when altered or replaced exceed the height of the existing apparatus or a height of 15 metres above ground level, whichever is the greater;

(c)in the case of the installation, alteration or replacement of apparatus on a building or other structure, the height of the apparatus (taken by itself) would exceed—

(i)15 metres, where it is installed, or is to be installed, on a building or other structure which is 30 metres or more in height; or

(ii)10 metres in any other case;

(d)in the case of the installation, alteration or replacement of apparatus on a building or other structure, the highest part of the apparatus when installed, altered or replaced would exceed the height of the highest part of the building or structure by more than—

(i)10 metres, in the case of a building or structure which is 30 metres or more in height;

(ii)8 metres, in the case of a building or structure which is more than 15 metres but less than 30 metres in height; or

(iii)6 metres in any other case;

(e)in the case of the installation, alteration or replacement of apparatus (other than an antenna) on a mast, the height of the mast would, when the apparatus was installed, altered or replaced, exceed any relevant height limit specified in respect of apparatus in paragraphs A.1(a), (b), (c) and (d), and for the purposes of applying the limit specified in sub-paragraph (c), the words “(taken by itself)” shall be omitted;

(f)in the case of the installation, alteration or replacement of any apparatus other than—

(i)a mast,

(ii)an antenna,

(iii)a public call box,

(iv)any apparatus which does not project above the level of the surface of the ground, or

(v)radio equipment housing,

the ground or base area of the structure would exceed 1.5 square metres;

(g)in the case of the installation, alteration or replacement of an antenna on a building or structure (other than a mast) which is less than 15 metres in height; on a mast located on such a building or structure; or, where the antenna is to be located below a height of 15 metres above ground level, on a building or structure (other than a mast) which is 15 metres or more in height—

(i)the antenna is to be located on a wall or roof slope facing a highway which is within 20 metres of the building or structure on which the antenna is to be located;

(ii)in the case of dish antennas, the size of any dish would exceed 0.9 metres or the aggregate size of all of the dishes on the building, structure or mast would exceed 1.5 metres, when measured in any dimension;

(iii)in the case of antennas other than dish antennas, the development (other than the installation, alteration or replacement of one small antenna) would result in the presence on the building or structure of more than two antenna systems; or

(iv)the building or structure is a listed building or a scheduled monument;

(h)in the case of the installation, alteration or replacement of an antenna on a building or structure (other than a mast) which is 15 metres or more in height, or on a mast located on such a building or structure, where the antenna is located at a height of 15 metres or above, measured from ground level—

(i)in the case of dish antennas, the size of any dish would exceed 1.3 metres or the aggregate size of all of the dishes on the building, structure or mast would exceed 3.5 metres, when measured in any dimension;

(ii)in the case of antennas other than dish antennas, the development (other than the installation, alteration or replacement of a maximum of two small antennas) would result in the presence on the building or structure of more than three antenna systems; or

(iii)the building or structure is a listed building or a scheduled monument;

(i)in the case of development (other than the installation, alteration or replacement of one small antenna on a dwellinghouse or within the curtilage of a dwellinghouse) on any article 1(5) land or any land which is, or is within, a site of special scientific interest, it would consist of—

(i)the installation or alteration of an antenna or of any apparatus which includes or is intended for the support of such an antenna; or

(ii)the replacement of such an antenna or such apparatus by an antenna or apparatus which differs from that which is being replaced,

unless the development is carried out in an emergency;

(j)it would consist of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 (definitions of driver information systems etc.);

(k)in the case of the installation of a mast, on a building or structure which is less than 15 metres in height, such a mast would be within 20 metres of a highway;

(l)in the case of the installation, alteration or replacement of radio equipment housing—

(i)the development is not ancillary to the use of any other [F42electronic communications apparatus];

(ii)the development would exceed 90 cubic metres or, if located on the roof of a building, the development would exceed 30 cubic metres; or

(iii)on any article 1(5) land, or on any land which is, or is within, a site of special scientific interest, the development would exceed 2.5 cubic metres, unless the development is carried out in an emergency;

(m)in the case of the installation, alteration or replacement on a dwellinghouse or within the curtilage of a dwellinghouse of any [F42electronic communications apparatus], that apparatus—

(i)is not a small antenna;

(ii)being a small antenna, would result in the presence on that dwellinghouse or within the curtilage of that dwellinghouse of more than one such antenna; or

(iii)being a small antenna, is to be located on a roof or on a chimney so that the highest part of the antenna would exceed in height the highest part of that roof or chimney respectively;

(n)in the case of the installation, alteration or replacement on article 1(5) land of a small antenna on a dwellinghouse or within the curtilage of a dwellinghouse, the antenna is to be located—

(i)on a chimney;

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

(iii)on a wall or roof slope which fronts a highway; or

(iv)in the Broads, on a wall or roof slope which fronts a waterway;

(o)in the case of the installation, alteration or replacement of a small antenna on a building which is not a dwellinghouse or within the curtilage of a dwellinghouse—

(i)the building is on article 1(5) land;

(ii)the building is less than 15 metres in height, and the development would result in the presence on that building of more than one such antenna; or

(iii)the building is 15 metres or more in height, and the development would result in the presence on that building of more than two such antennas.

ConditionsE

A.2.—(1) Class A(a) and Class A(c) development is permitted subject to the condition that any antenna or supporting apparatus, radio equipment housing or development ancillary to radio equipment housing constructed, installed, altered or replaced on a building in accordance with that permission shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.

(2) Class A(a) and Class A(c) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall be removed from the land, building or structure on which it is situated—

(a)if such development was carried out in an emergency on any article 1(5) land or on any land which is, or is within, a site of special scientific interest, at the expiry of the relevant period, or

(b)in any other case, as soon as reasonably practicable after it is no longer required for [F42electronic communications purposes],

and such land, building or structure shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer.

(3) Class A(b) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall at the expiry of the relevant period be removed from the land and the land restored to its condition before the development took place.

(4) Class A development—

(a)on article 1(5) land or land which is, or is within, a site of special scientific interest, or

(b)on any other land and consisting of the construction, installation, alteration or replacement of a mast; or of an antenna on a building or structure (other than a mast) where the antenna (including any supporting structure) would exceed the height of the building or structure at the point where it is installed or to be installed by 4 metres or more; or of a public call box; or of radio equipment housing with a volume in excess of 2.5 cubic metres; or of development ancillary to radio equipment housing—

is permitted subject, except in case of emergency, to the conditions set out in A.3.

A.3.—(1) The developer shall give notice of the proposed development to any person (other than the developer) who is an owner of the land to which the development relates, or a tenant, before making the application required by paragraph (3)—

(a)by serving a developer’s notice on every such person whose name and address is known to him; and

(b)where he has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement.

(2) Where the proposed development consists of the installation of a mast within 3 kilometres of the perimeter of an aerodrome, the developer shall notify the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate, before making the application required by paragraph (3).

(3) Before beginning the development, the developer shall apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development.

(4) The application shall be accompanied—

(a)by a written description of the proposed development and a plan indicating its proposed location together with any fee required to be paid;

(b)where paragraph (1) applies, by evidence that the requirements of paragraph (1) have been satisfied; and

(c)where paragraph (2) applies, by evidence that the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as the case may be, has been notified of the proposal.

(5) Subject to paragraphs (7)(c) and (d), upon receipt of the application under paragraph (4) the local planning authority shall—

(a)for development which, in their opinion, falls within a category set out in the table of article 10 of the Procedure Order, consult the authority or person mentioned in relation to that category, except where—

(i)the local planning authority are the authority so mentioned; or

(ii)the authority or person so mentioned has advised the local planning authority that they do not wish to be consulted,

and shall give the consultees at least 14 days within which to comment;

(b)in the case of development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated or which would affect a right of way to which Part III of the Wildlife and Countryside Act 1981 (public rights of way) applies, shall give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order—

(i)(aa)by site display in at least one place on or near the land to which the application relates for not less than 21 days, and

(ii)(bb)by local advertisement;

(c)in the case of development which does not fall within paragraph (b) but which involves development carried out on a site having an area of 1 hectare or more, shall give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order—

(i)(aa)by site display in at least one place on or near the land to which the application relates for not less than 21 days, or

(bb)by serving notice on any adjoining owner or occupier, and

(ii)by local advertisement;

(d)in the case of development which does not fall within (b) or (c), shall give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order—

(i)by site display in at least one place on or near the land to which the application relates for not less than 21 days, or

(ii)by serving the notice on any adjoining owner or occupier.

(6) The local planning authority shall take into account any representations made to them as a result of consultations or notices given under A.3, when determining the application made under paragraph (3).

(7) The development shall not be begun before the occurrence of one of the following—

(a)the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(b)where the local planning authority gives the applicant written notice that such prior approval is required, the giving of that approval to the applicant, in writing, within a period of 56 days beginning with the date on which they received his application;

(c)where the local planning authority gives the applicant written notice that such prior approval is required, the expiry of a period of 56 days beginning with the date on which the local planning authority received his application without the local planning authority notifying the applicant, in writing, that such approval is given or refused; or

(d)the expiry of a period of 56 days beginning with the date on which the local planning authority received the application without the local planning authority notifying the applicant, in writing, of their determinaton as to whether such prior approval is required.

(8) The development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—

(a)where prior approval has been given as mentioned in paragraph (7)(b) in accordance with the details approved;

(b)in any other case, in accordance with the details submitted with the application.

(9) The development shall be begun—

(a)where prior approval has been given as mentioned in paragraph (7)(b), not later than the expiration of five years beginning with the date on which the approval was given;

(b)in any other case, not later than the expiration of five years beginning with the date on which the local planning authority were given the information referred to in paragraph (4).

(10) In a case of emergency, development is permitted by Class A subject to the condition that the operator shall give written notice to the local planning authority of such development as soon as possible after the emergency begins.

Interpretation Of Class AE

A.4.  For the purposes of Class A—

“aerodrome operator” means the person for the time being having the management of an aerodrome or, in relation to a particular aerodrome, the management of that aerodrome;

“antenna system” means a set of antennas installed on a building or structure and operated by a single [F42electronic communications code operator] [F43or] [F42in accordance with the electronic communications code];

“development ancillary to radio equipment housing” means the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of the radio equipment housing;

F44...

“developer’s notice” means a notice signed and dated by or on behalf of the developer and containing—

(i)

the name of the developer;

(ii)

the address or location of the proposed development;

(iii)

a description of the proposed development (including its siting and appearance and the height of any mast);

(iv)

a statement that the developer will apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development;

(v)

the name and address of the local planning authority to whom the application will be made;

(vi)

a statement that the application shall be available for public inspection at the offices of the local planning authority during usual office hours;

(vii)

a statement that any person who wishes to make representations about the siting and appearance of the proposed development may do so in writing to the local planning authority;

(viii)

the date by which any such representations should be received by the local planning authority, being a date not less than 14 days from the date of the notice; and

(ix)

the address to which such representations should be made.

“land controlled by the operator” means land occupied by the operator in right of a freehold interest or a leasehold interest under a lease granted for a term of not less than 10 years;

“local advertisement” means by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated;

“mast” means a radio mast or a radio tower;

“owner” means any person who is the estate owner in respect of the fee simple, or who is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired;

“Procedure Order” means the Town and Country Planning (General Development Procedure) Order 1995;

“relevant period” means a period which expires—

(i)

six months from the commencement of the construction, installation, alteration or replacement of any apparatus or structure permitted by Class A(a) or Class A(c) or from the commencement of the use permitted by Class A(b), as the case may be, or

(ii)

when the need for such apparatus, structure or use ceases,

whichever occurs first;

“site display” means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;

“small antenna” means an antenna which—

(i)

is for use in connection with a telephone system operating on a point to fixed multi-point basis;

(ii)

does not exceed 50 centimetres in any linear measurement; and

(iii)

does not, in two-dimensional profile, have an area exceeding 1,591 square centimetres,

and any calculation for the purposes of (ii) and (iii) shall exclude any feed element, reinforcing rim mountings and brackets;

F44...

F44...

F44...

F44...

“tenant” means the tenant of an agricultural holding any part of which is comprised in the land to which the application relates.]

Textual Amendments

[F45PART 24WDEVELOPMENT BY [F42ELECTRONIC COMMUNICATIONS CODE OPERATOR]S (WALES)

Extent Information

E2This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

Class A Permitted DevelopmentW

A.  Development by or on behalf of a [F42electronic communications code operator] for the purpose of the operator’s [F42electronic communications network] in, on, over or under land controlled by that operator [F43or] [F42in accordance with the electronic communications code], consisting of —

(a)the installation, alteration or replacement of any [F42electronic communications apparatus],

(b)the use of land in an emergency for a period not exceeding six months to station and operate moveable [F42electronic communications apparatus] required for the replacement of unserviceable [F42electronic communications apparatus], including the provision of moveable structures on the land for the purposes of that use, or

(c)development ancillary to radio equipment housing.

Textual Amendments

Development not permittedW

A.1  Development is not permitted by Class A(a) if—

(a)in the case of the installation of apparatus (other than on a building or other structure) the apparatus, excluding any antenna, would exceed a height of 15 metres above ground level;

(b)in the case of the alteration or replacement of apparatus already installed (other than on a building or other structure), the apparatus, excluding any antenna, would when altered or replaced exceed the height of the existing apparatus or a height of 15 metres above ground level, whichever is the greater;

(c)in the case of the installation, alteration or replacement of apparatus on a building or other structure, the height of the apparatus (taken by itself) would exceed—

(i)15 metres, where it is installed, or is to be installed, on a building or other structure which is 30 metres or more in height; or

(ii)10 metres in any other case;

(d)in the case of the installation, alteration or replacement of apparatus on a building or other structure, the highest part of the apparatus when installed, altered or replaced would exceed the height of the highest part of the building or structure by more than—

(i)10 metres, in the case of a building or structure which is 30 metres or more in height;

(ii)8 metres, in the case of a building or structure which is more than 15 metres but less than 30 metres in height; or

(iii)6 metres in any other case;

(e)in the case of the installation, alteration or replacement of apparatus (other than an antenna) on a mast, the height of the mast would, when the apparatus was installed, altered or replaced, exceed any relevant height limit specified in respect of apparatus in paragraphs A.1(a), (b), (c) and (d), and for the purposes of applying the limit specified in sub-paragraph (c), the words “(taken by itself)” are to be omitted;

(f)in the case of the installation, alteration or replacement of any apparatus other than—

(i)a mast,

(ii)an antenna,

(iii)a public call box,

(iv)any apparatus which does not project above the level of the surface of the ground, or

(v)radio equipment housing,

the ground or base area of the structure would exceed 1.5 square metres;

(g)in the case of the installation, alteration or replacement of an antenna on a building or structure (other than a mast) which is less than 15 metres in height; on a mast located on such a building or structure; or, where the antenna is to be located below a height of 15 metres above ground level, on a building or structure (other than a mast) which is 15 metres or more in height—

(i)the antenna is to be located on a wall or roof slope facing a highway which is within 20 metres of the building or structure on which the antenna is to be located;

(ii)in the case of dish antennas, the size of any dish would exceed 0.9 metres or the aggregate size of all of the dishes on the building, structure or mast would exceed 1.5 metres, when measured in any dimension;

(iii)in the case of antennas other than dish antennas, the development (other than the installation, alteration or replacement of one small antenna) would result in the presence on the building or structure of more than two antenna systems; or

(iv)the building or structure is a listed building or a scheduled monument;

(h)in the case of the installation, alteration or replacement of an antenna on a building or structure (other than a mast) which is 15 metres or more in height, or on a mast located on such a building or structure, where the antenna is located at a height of 15 metres or above, measured from ground level—

(i)in the case of dish antennas, the size of any dish would exceed 1.3 metres or the aggregate size of all of the dishes on the building, structure or mast would exceed 3.5 metres, when measured in any dimension;

(ii)in the case of antennas other than dish antennas, the development (other than the installation, alteration or replacement of a maximum of two small antennas) would result in the presence on the building or structure of more than three antenna systems; or

(iii)the building or structure is a listed building or a scheduled monument;

(i)in the case of development (other than the installation, alteration or replacement of one small antenna on a dwellinghouse or within the curtilage of a dwellinghouse) on any article 1(5) land or any land which is, or is within, a site of special scientific interest, it would consist of—

(i)the installation or alteration of an antenna or of any apparatus which includes or is intended for the support of such an antenna; or

(ii)the replacement of such an antenna or such apparatus by an antenna or apparatus which differs from that which is being replaced,

unless the development is carried out in an emergency;

(j)it would consist of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 (definitions of driver information systems etc.);

(k)in the case of the installation of a mast, on a building or structure which is less than 15 metres in height, such a mast would be within 20 metres of a highway;

(l)in the case of the installation, alteration or replacement of radio equipment housing—

(i)the development is not ancillary to the use of any other [F42electronic communications apparatus];

(ii)the development would exceed 90 cubic metres or, if located on the roof of a building, the development would exceed 30 cubic metres; or

(iii)on any article 1(5) land, or on any land which is, or is within, a site of special scientific interest, the development would exceed 2.5 cubic metres, unless the development is carried out in an emergency;

(m)in the case of the installation, alteration or replacement on a dwellinghouse or within the curtilage of a dwellinghouse of any [F42electronic communications apparatus], that apparatus—

(i)is not a small antenna;

(ii)being a small antenna, would result in the presence on that dwellinghouse or within the curtilage of that dwellinghouse of more than one such antenna; or

(iii)being a small antenna, is to be located on a roof or on a chimney so that the highest part of the antenna would exceed in height the highest part of that roof or chimney respectively;

(n)in the case of the installation, alteration or replacement on article 1(5) land of a small antenna on a dwellinghouse or within the curtilage of a dwellinghouse, the antenna is to be located—

(i)on a chimney;

(ii)on a building which exceeds 15 metres in height; or

(iii)on a wall or roof slope which fronts a highway;

(o)in the case of the installation, alteration or replacement of a small antenna on a building which is not a dwellinghouse or within the curtilage of a dwellinghouse—

(i)the building is on article 1(5) land;

(ii)the building is less than 15 metres in height, and the development would result in the presence on that building of more than one such antenna; or

(iii)the building is 15 metres or more in height, and the development would result in the presence on that building of more than two such antennas.

ConditionsW

A.2—(1) Class A(a) and Class A(c) development is permitted subject to the condition that any antenna or supporting apparatus, radio equipment housing or development ancillary to radio equipment housing constructed, installed, altered or replaced on a building in accordance with that permission must, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.

(2) Class A(a) and Class A(c) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission must be removed from the land, building or structure on which it is situated—

(a)if such development was carried out in an emergency on any article 1(5) land or on any land which is, or is within, a site of special scientific interest, at the expiry of the relevant period, or

(b)in any other case, as soon as reasonably practicable after it is no longer required for [F42electronic communications purposes],

and such land, building or structure must be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer.

(3) Class A(b) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission must at the expiry of the relevant period be removed from the land and the land restored to its condition before the development took place.

(4) Class A development—

(a)on article 1(5) land or land which is, or is within, a site of special scientific interest, or

(b)on any other land and consisting of the construction, installation, alteration or replacement of a mast; or of an antenna on a building or structure (other than a mast) where the antenna (including any supporting structure) would exceed the height of the building or structure at the point where it is installed or to be installed by 4 metres or more; or of a public call box; or of radio equipment housing with a volume in excess of 2.5 cubic metres; or of development ancillary to radio equipment housing—

is permitted subject, except in case of emergency, to the conditions set out in A.3.

A.3—(1) The developer must give notice of the proposed development to any person (other than the developer) who is an owner of the land to which the development relates, or a tenant, before making the application required by paragraph (3)—

(a)by serving a developer’s notice on every such person whose name and address is known to the developer; and

(b)where the developer has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement.

(2) Where the proposed development consists of the installation of a mast within 3 kilometres of the perimeter of an aerodrome, the developer must notify the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate, before making the application required by paragraph (3).

(3) Before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development.

(4) The application must be accompanied—

(a)by a written description of the proposed development and a plan indicating its proposed location together with any fee required to be paid; and

(b)if the development involves the construction or installation of one or more antennas, by a written declaration that the equipment and installation to which the application relates is so designed that it will, when constructed or installed, operate, having regard to its location and the manner in which it has been constructed or installed, in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non-ionising Radiation Protection, as expressed in the EU Council recommendation of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz); and

(c)where paragraph (1) applies, by evidence that the requirements of paragraph (1) have been satisfied; and

(d)where paragraph (2) applies, by evidence that the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as the case may be, has been notified of the proposal.

(5) Subject to paragraphs (7)(c) and (d), upon receipt of the application under paragraph (4) the local planning authority must—

(a)for development which, in their opinion, falls within a category set out in the table of article 10 of the Procedure Order, consult the authority or person mentioned in relation to that category, except where—

(i)the local planning authority are the authority so mentioned; or

(ii)the authority or person so mentioned has advised the local planning authority that they do not wish to be consulted,

and must give the consultees at least 14 days within which to comment;

(b)in the case of development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated or which would affect a right of way to which Part III of the Wildlife and Countryside Act 1981 (public rights of way) applies, must give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order—

(i)by site display in at least one place on or near the land to which the application relates for not less than 21 days, and

(ii)by local advertisement;

(c)in the case of development which does not fall within paragraph (b) but which involves development carried out on a site having an area of 1 hectare or more, must give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order—

(i)(a)by site display in at least one place on or near the land to which the application relates for not less than 21 days, or

(b)by serving notice on any adjoining owner or occupier, and

(ii)by local advertisement;

(d)in the case of development which does not fall within (b) or (c), must give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order—

(i)by site display in at least one place on or near the land to which the application relates for not less than 21 days, or

(ii)by serving the notice on any adjoining owner or occupier.

(6) The local planning authority must take into account any representations made to them as a result of consultations or notices given under A.3, when determining the application made under paragraph (3).

(7) The development must not be begun before the occurrence of one of the following—

(a)the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(b)where the local planning authority gives the applicant written notice that such prior approval is required, the giving of that approval to the applicant, in writing, within a period of 56 days beginning with the date on which they received the application;

(c)where the local planning authority gives the applicant written notice that such prior approval is required, the expiry of a period of 56 days beginning with the date on which the local planning authority received the application without the local planning authority notifying the applicant, in writing, that such approval is given or refused; or

(d)the expiry of a period of 56 days beginning with the date on which the local planning authority received the application without the local planning authority notifying the applicant, in writing, of their determination as to whether such prior approval is required.

(8) The development must, except to the extent that the local planning authority otherwise agree in writing, be carried out—

(a)where prior approval has been given as mentioned in paragraph (7)(b) in accordance with the details approved;

(b)in any other case, in accordance with the details submitted with the application.

(9) The development must be begun—

(a)where prior approval has been given as mentioned in paragraph (7)(b), not later than the expiration of five years beginning with the date on which the approval was given;

(b)in any other case, not later than the expiration of five years beginning with the date on which the local planning authority were given the information referred to in paragraph (4).

(10) In a case of emergency, development is permitted by Class A subject to the condition that the operator must give written notice to the local planning authority of such development as soon as possible after the emergency begins.

Interpretation of Class AW

A.4  For the purposes of Class A—

“aerodrome operator” means the person for the time being having the management of an aerodrome or, in relation to a particular aerodrome, the management of that aerodrome;

“antenna system” means a set of antennas installed on a building or structure and operated by a single [F42electronic communications code operator] [F43or] [F42in accordance with the electronic communications code];

“development ancillary to radio equipment housing” means the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of the radio equipment housing;

“development in accordance with a licence” means development carried out by an operator in pursuance of a right conferred on that operator under the telecommunications code, and in accordance with any conditions, relating to the application of that code by the terms of the operator’s licence;

“developer’s notice” means a notice signed and dated by or on behalf of the developer and containing—

(i)

the name of the developer;

(ii)

the address or location of the proposed development;

(iii)

a description of the proposed development (including its siting and appearance and the height of any mast);

(iv)

a statement that the developer will apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development;

(v)

the name and address of the local planning authority to whom the application will be made;

(vi)

a statement that the application must be available for public inspection at the offices of the local planning authority during usual office hours;

(vii)

a statement that any person who wishes to make representations about the siting and appearance of the proposed development may do so in writing to the local planning authority;

(viii)

the date by which any such representations should be received by the local planning authority, being a date not less than 14 days from the date of the notice; and

(ix)

the address to which such representations should be made.

“land controlled by the operator” means land occupied by the operator in right of a freehold interest or a leasehold interest under a lease granted for a term of not less than 10 years;

“local advertisement” means by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated;

“mast” means a radio mast or a radio tower;

“owner” means any person who is the estate owner in respect of the fee simple, or who is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired;

“Procedure Order” means the Town and Country Planning (General Development Procedure) Order 1995;

“relevant period” means a period which expires—

(i)

six months from the commencement of the construction, installation, alteration or replacement of any apparatus or structure permitted by Class A(a) or Class A(c) or from the commencement of the use permitted by Class A(b), as the case may be, or

(ii)

when the need for such apparatus, structure or use ceases,

whichever occurs first;

“site display” means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;

“small antenna” means an antenna which—

(i)

is for use in connection with a telephone system operating on a point to fixed multi-point basis;

(ii)

does not exceed 50 centimetres in any linear measurement; and

(iii)

does not, in two-dimensional profile, have an area exceeding 1,591 square centimetres,

and any calculation for the purposes of (ii) and (iii) must exclude any feed element, reinforcing rim mountings and brackets;

F44...

F44...

F44...

F44...

“tenant” means the tenant of an agricultural holding any part of which is comprised in the land to which the application relates.]

Textual Amendments

PART 25E+WOTHER TELECOMMUNICATIONS DEVELOPMENT

Class AE+W

Permitted developmentE+W

A.  The installation, alteration or replacement on any building or other structure of a height of 15 metres or more of a microwave antenna and any structure intended for the support of a microwave antenna.

Development not permittedE+W

F46[F47A.1  Development is not permitted by Class A if—

(a)the building is a dwellinghouse or the building or structure is within the curtilage of a dwellinghouse;

(b)it would consist of development of a kind described in paragraph A of Part 24;

(c)it would consist of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 (definitions of driver information systems etc);

(d)it would result in the presence on the building or structure of more than four antennas;

(e)in the case of an antenna installed on a chimney, the length of the antenna would exceed 60cm;

(f)in all other cases, the length of the antenna would exceed 130cm;

(g)it would consist of the installation of an antenna with a cubic capacity in excess of 35 litres;

(h)the highest part of the antenna or its supporting structure would be more than three metres higher than the highest part of the building or structure on which it is installed or is to be installed;

(i)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;

[F46(ii)in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway.]]

Textual Amendments

F46Sch. 2 Pt. 25 Class A para. A. 1 substituted (except that para. A.1(i)(ii) ("in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway") is excluded and the sub-paragraphs numbered accordingly) (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 4(1)(a)

ConditionsE+W

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

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

F48[F49(b)an antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as reasonably practicable.]

Textual Amendments

[F50A.3.  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.]E

[F51For the purposes of Class A—

(a) the length of an antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mountings or brackets;

(b) the maximum number of antenna for the purpose of paragraph A1.(d) includes any small antenna permitted under Class A of Part 24.]

Textual Amendments

Class BE+W

Permitted developmentE+W

B.  The installation, alteration or replacement on any building or other structure of a height of less than 15 metres of F52[F53a microwave antenna].

Textual Amendments

Development not permittedE+W

F54[F55B.1  Development is not permitted by Class B if—

(a)the building is a dwellinghouse or other structure within the curtilage of a dwellinghouse;

(b)it would consist of development of a kind described in paragraph A [F54Class A] of Part 24;

(c)it would consist of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 (definitions of driver information systems etc);

(d)it would result in the presence on the building or structure 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 60cm;

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

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

(e)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;

(f)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 [F54stack], or 60cm measured from the highest part of the ridge tiles of the roof, whichever is the lowest;

(g)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)[F54in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway.]]

Textual Amendments

F54Sch. 2 Pt. 25 Class B para. B.1 substituted (with minor differences and except that para. B.1(g)(ii) ("in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway") is excluded and the sub-paragraphs numbered accordingly) (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 4(2)(b)

ConditionE+W

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

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

F56[F57(b)an antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as reasonably practicable]

Textual Amendments

F58[F59B.3.  The relevant size criteria for the purposes of paragraph B.1(d)[F58(iii)] are that:E

(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

F58Sch. 2 Pt. 25 Class B paras. B.3-B.5 added (with minor differences in paras. B.3 and B.4) (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 4(2)(d)

B.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.]E+W

Textual Amendments

[F58B.5.  The maximum number of antenna for the purpose of paragraph B.1(d) includes any small antenna permitted under Class A of Part 24.]E+W

Textual Amendments

F58Sch. 2 Pt. 25 Class B paras. B.3-B.5 added (with minor differences in paras. B.3 and B.4) (W.) (31.1.2006) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2006 (S.I. 2006/124), arts. 1(1), 4(2)(d)

PART 26E+WDEVELOPMENT BY THE HISTORIC BUILDINGS AND MONUMENTSCOMMISSION FOR ENGLAND

Class AE+W

Permitted developmentE+W

A.  Development by or on behalf of the Historic Buildings and Monuments Commission for England, consisting of—

(a)the maintenance, repair or restoration of any building or monument;

(b)the erection of screens, fences or covers designed or intended to protect or safeguard any building or monument; or

(c)the carrying out of works to stabilise ground conditions by any cliff, watercourse or the coastline;

where such works are required for the purposes of securing the preservation of any building or monument.

Development not permittedE+W

A.1  Development is not permitted by Class A(a) if the works involve the extension of the building or monument.

ConditionE+W

A.2  Except for development also falling within Class A(a), Class A(b) development is permitted subject to the condition that any structure erected in accordance with that permission shall be removed at the expiry of a period of six months (or such longer period as the local planning authority may agree in writing) from the date on which work to erect the structure was begun.

Interpretation of Class AE+W

A.3  For the purposes of Class A—

“building or monument" means any building or monument in the guardianship of the Historic Buildings and Monuments Commission for England or owned, controlled or managed by them.

PART 27E+WUSE BY MEMBERS OF CERTAIN RECREATIONAL ORGANISATIONS

Class AE+W

Permitted developmentE+W

A.  The use of land by members of a recreational organisation for the purposes of recreation or instruction, and the erection or placing of tents on the land for the purposes of the use.

Development not permittedE+W

A.1  Development is not permitted by Class A if the land is a building or is within the curtilage of a dwellinghouse.

Interpretation of Class AE+W

A.2  For the purposes of Class A—

“recreational organisation" means an organisation holding a certificate of exemption under section 269 of the Public Health Act 1936 M26 (power of local authority to control use of moveable dwellings).

Marginal Citations

PART 28E+WDEVELOPMENT AT AMUSEMENT PARKS

Class AE+W

Permitted developmentE+W

A.  Development on land used as an amusement park consisting of—

(a)the erection of booths or stalls or the installation of plant or machinery to be used for or in connection with the entertainment of the public within the amusement park; or

(b)the extension, alteration or replacement of any existing booths or stalls, plant or machinery so used.

Development not permittedE+W

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

(a)the plant or machinery would—

(i)if the land or pier is within 3 kilometres of the perimeter of an aerodrome, exceed a height of 25 metres or the height of the highest existing structure (whichever is the lesser), or

(ii)in any other case, exceed a height of 25 metres;

(b)in the case of an extension to an existing building or structure, that building or structure would as a result exceed 5 metres above ground level or the height of the roof of the existing building or structure, whichever is the greater, or

(c)in any other case, the height of the building or structure erected, extended, altered or replaced would exceed 5 metres above ground level.

Interpretation of Class AE+W

A.2  For the purposes of Class A—

  • “amusement park" means an enclosed area of open land, or any part of a seaside pier, which is principally used (other than by way of a temporary use) as a funfair or otherwise for the purposes of providing public entertainment by means of mechanical amusements and side-shows; but, where part only of an enclosed area is commonly so used as a funfair or for such public entertainment, only the part so used shall be regarded as an amusement park; and

  • “booths or stalls" includes buildings or structures similar to booths or stalls.

PART 29E+WDRIVER INFORMATION SYSTEMS

Class AE+W

Permitted developmentE+W

A.  The installation, alteration or replacement of system apparatus by or on behalf of a driver information system operator.E+W

Development not permittedE+W

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

(a)in the case of the installation, alteration or replacement of system apparatus other than on a building or other structure—

(i)the ground or base area of the system apparatus would exceed 1.5 square metres; or

(ii)the system apparatus would exceed a height of 15 metres above ground level;

(b)in the case of the installation, alteration or replacement of system apparatus on a building or other structure—

(i)the highest part of the apparatus when installed, altered, or replaced would exceed in height the highest part of the building or structure by more than 3 metres; or

(ii)the development would result in the presence on the building or structure of more than two microwave antennas.

ConditionsE+W

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

(a)any system apparatus shall, so far as practicable, be sited so as to minimise its effect on the external appearance of any building or other structure on which it is installed;

(b)any system apparatus which is no longer needed for a driver information system shall be removed as soon as reasonably practicable.

Interpretation of Class AE+W

A.3  For the purposes of Class A—

  • “driver information system operator" means a person granted an operator’s licence under section 10 of the Road Traffic (Driver Licensing and Information Systems) Act 1989 M27 (operators’ licences); and

  • “system apparatus" has the meaning assigned to that term by section 8(6) of that Act (definitions of driver information systems etc.).

Marginal Citations

PART 30E+WTOLL ROAD FACILITIES

Class AE+W

Permitted developmentE+W

A.  Development consisting of—

(a)the setting up and the maintenance, improvement or other alteration of facilities for the collection of tolls;

(b)the provision of a hard surface to be used for the parking of vehicles in connection with the use of such facilities.

Development not permittedE+W

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

(a)it is not located within 100 metres (measured along the ground) of the boundary of a toll road;

(b)the height of any building or structure would exceed—

(i)7.5 metres excluding any rooftop structure; or

(ii)10 metres including any rooftop structure;

(c)the aggregate area of the floor space at or above ground level of any building or group of buildings within a toll collection area, excluding the floor space of any toll collection booth, would exceed 1,500 square metres.

ConditionsE+W

A.2  In the case of any article 1(5) land, development is permitted by Class A subject to the following conditions—

(a)the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the facilities for the collection of tolls;

(b)the application shall be accompanied by a written description, together with plans and elevations, of the proposed development and any fee required to be paid;

(c)the development shall not be begun before the occurrence of one of the following—

(i)the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(ii)where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval; or

(iii)the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(d)the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—

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

(ii)where prior approval is not required, in accordance with the details submitted with the application;

and

(e)the development shall be carried out—

(i)where approval has been given by the local planning authority, within a period of five years from the date on which the approval was given;

(ii)in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (b).

Interpretation of Class AE+W

A.3  For the purposes of Class A—

  • “facilities for the collection of tolls" means such buildings, structures, or other facilities as are reasonably required for the purpose of or in connection with the collection of tolls in pursuance of a toll order;

  • “ground level" means the level of the surface of the ground immediately adjacent to the building or group of buildings in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it;

  • “rooftop structure" means any apparatus or structure which is reasonably required to be located on and attached to the roof, being an apparatus or structure which is–

    (a)

    so located for the provision of heating, ventilation, air conditioning, water, gas or electricity;

    (b)

    lift machinery; or

    (c)

    reasonably required for safety purposes;

  • “toll" means a toll which may be charged pursuant to a toll order;

  • “toll collection area" means an area of land where tolls are collected in pursuance of a toll order, and includes any facilities for the collection of tolls;

  • “toll collection booth" means any building or structure designed or adapted for the purpose of collecting tolls in pursuance of a toll order;

  • “toll order" has the same meaning as in Part I of the New Roads and Street Works Act 1991 M28 (new roads in England and Wales); and

  • “toll road" means a road which is the subject of a toll order.

Marginal Citations

PART 31E+WDEMOLITION OF BUILDINGS

Class AE+W

Permitted developmentE+W

A.  Any building operation consisting of the demolition of a building.

Development not permittedE+W

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

(a)the building has been rendered unsafe or otherwise uninhabitable by the action or inaction of any person having an interest in the land on which the building stands; and

(b)it is practicable to secure safety or health by works of repair or works for affording temporary support.

ConditionsE+W

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

(a)where demolition is urgently necessary in the interests of safety or health and the measures immediately necessary in such interests are the demolition of the building the developer shall, as soon as reasonably practicable, give the local planning authority a written justification of the demolition;

(b)where the demolition does not fall within sub-paragraph (a) and is not excluded demolition—

(i)the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the method of demolition and any proposed restoration of the site;

(ii)the application shall be accompanied by a written description of the proposed development, a statement that a notice has been posted in accordance with sub-paragraph (iii) and any fee required to be paid;

(iii)subject to sub-paragraph (iv), the applicant shall display a site notice by site display on or near the land on which the building to be demolished is sited and shall leave the notice in place for not less than 21 days in the period of 28 days beginning with the date on which the application was submitted to the local planning authority;

(iv)where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to in sub-paragraph (iii) has elapsed, he shall be treated as having complied with the requirements of that sub-paragraph if he has taken reasonable steps for protection of the notice and, if need be, its replacement;

(v)the development shall not be begun before the occurrence of one of the following—

(aa)the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(bb)where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval; or

(cc)the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(vi)the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—

(aa)where prior approval is required, in accordance with the details approved;

(bb)where prior approval is not required, in accordance with the details submitted with the application;

and

(vii)the development shall be carried out—

(aa)where approval has been given by the local planning authority, within a period of five years from the date on which approval was given;

(bb)in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (ii).

Interpretation of Class AE+W

A.3  For the purposes of Class A—

  • “excluded demolition" means demolition—

    (a)

    on land which is the subject of a planning permission, for the redevelopment of the land, granted on an application or deemed to be granted under Part III of the Act (control over development),

    (b)

    required or permitted to be carried out by or under any enactment, or

    (c)

    required to be carried out by virtue of a relevant obligation;

  • “relevant obligation" means—

    (a)

    an obligation arising under an agreement made under section 106 of the Act, as originally enacted (agreements regulating development or use of land);

    (b)

    a planning obligation entered into under section 106 of the Act, as substituted by section 12 of the Planning and Compensation Act 1991 M29 (planning obligations), or under section 299A of the Act M30 (Crown planning obligations);

    (c)

    an obligation arising under or under an agreement made under any provision corresponding to section 106 of the Act, as originally enacted or as substituted by the Planning and Compensation Act 1991, or to section 299A of the Act; and

  • “site notice" means a notice containing—

    (a)

    the name of the applicant,

    (b)

    a description, including the address, of the building or buildings which it is proposed be demolished,

    (c)

    a statement that the applicant has applied to the local planning authority for a determination as to whether the prior approval of the authority will be required to the method of demolition and any proposed restoration of the site,

    (d)

    the date on which the applicant proposes to carry out the demolition, and

    (e)

    the name and address of the local planning authority,

    and which is signed and dated by or on behalf of the applicant.

Marginal Citations

M30Section 299A was inserted by section 12(3) of the Planning and Compensation Act 1991 (c. 34).

Class BE+W

Permitted developmentE+W

B.  Any building operation consisting of the demolition of the whole or any part of any gate, fence, wall or other means of enclosure.

PART 32E+WSCHOOLS, COLLEGES, UNIVERSITIES AND HOSPITALS

Class AE+W

Permitted developmentE+W

A.  The erection on the site of any school, college, university or hospital of any building required for use as part of, or for a purpose incidental to the use of, the school, college, university or hospital as such, as the case may be.

Development not permittedE+W

A.1  Development is not permitted by Class A—

(a)unless—

(i)in the case of school, college or university buildings, the predominant use of the existing buildings on the site is for the provision of education, or

(ii)in the case of hospital buildings, the predominant use of the existing buildings on the site is for the provision of any medical or health services;

(b)where the cumulative total floor space of any buildings erected on a particular site (other than the original school, college, university or hospital buildings) would exceed 10% of the total floor space of the original school, college, university or hospital buildings on that site;

(c)where the cumulative total cubic content of buildings erected on a particular site (other than the original school, college, university or hospital buildings) would exceed 250 cubic metres;

(d)where any part of a building erected would be within 20 metres of the boundary of the site;

(e)where, as a result of the development, any land, used as a playing field immediately before the development took place, could no longer be so used.

ConditionE+W

A.2  Development is permitted by Class A subject to the condition that, in the case of any article 1(5) land, any materials used shall be of a similar appearance to those used for the original school, college, university or hospital buildings.

Interpretation of Class AE+W

A.3  For the purposes of Class A—

  • “cumulative total floor space" or “cumulative total cubic content", as the case may be, of buildings erected, includes the total floor space or total cubic content of any existing buildings previously erected at any time under Class A; and

  • “original school, college, university or hospital buildings" means any school, college, university or hospital buildings, as the case may be, other than any buildings erected at any time under Class A.

PART 33E+WCLOSED CIRCUIT TELEVISION CAMERAS

Class AE+W

Permitted developmentE+W

A.  The installation, alteration or replacement on a building of a closed circuit television camera to be used for security purposes.

Development not permittedE+W

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

(a)the building on which the camera would be installed, altered or replaced is a listed building or a scheduled monument;

(b)the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres;

(c)any part of the camera would, when installed, altered or replaced, be less than 250 centimetres above ground level;

(d)any part of the camera would, when installed, altered or replaced, protrude from the surface of the building by more than one metre when measured from the surface of the building;

(e)any part of the camera would, when installed, altered or replaced, be in contact with the surface of the building at a point which is more than one metre from any other point of contact;

(f)any part of the camera would be less than 10 metres from any part of another camera installed on a building;

(g)the development would result in the presence of more than four cameras on the same side of the building; or

(h)the development would result in the presence of more than 16 cameras on the building.

ConditionsE+W

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

(a)the camera shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building on which it is situated;

(b)the camera shall be removed as soon as reasonably practicable after it is no longer required for security purposes.

Interpretation of Class AE+W

A.3  For the purposes of Class A—

  • “camera", except in paragraph A.1(b), includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets; and

  • “ground level" means the level of the surface of the ground immediately adjacent to the building or, where the level of the surface of the ground is not uniform, the level of the highest part of the surface of the ground adjacent to it.

[F60PART 34E+WDEVELOPMENT BY THE CROWN

Textual Amendments

Class AE+W

Permitted developmentE+W

A.  The erection or construction and the maintenance, improvement or other alteration by or on behalf of the Crown of—

(a)any small ancillary building, works or equipment on Crown land required for operational purposes;

(b)lamp standards, information kiosks, passenger shelters, shelters and seats, telephone boxes, fire alarms, drinking fountains, refuse bins or baskets, barriers for the control of people and vehicles, and similar structures or works required in connection with the operational purposes of the Crown.

Interpretation of Class AE+W

A.1  The reference in Class A to any small ancillary building, works or equipment is a reference to any ancillary building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity.

Class BE+W

Permitted developmentE+W

B.  The extension or alteration by or on behalf of the Crown of an operational Crown building.

Development not permittedE+W

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

(a)the building as extended or altered is to be used for purposes other than those of—

(i)the Crown; or

(ii)the provision of employee facilities;

(b)the height of the building as extended or altered would exceed the height of the original building;

(c)the cubic content of the original building would be exceeded by more than—

(i)10%, in respect of development on any article 1(5) land; or

(ii)25%, in any other case;

(d)the floor space of the original building would be exceeded by more than—

(i)500 square metres in respect of development on any article 1(5) land; or

(ii)1,000 square metres in any other case;

(e)the external appearance of the original building would be materially affected;

(f)any part of the building as extended or altered would be within 5 metres of any boundary of the curtilage of the original building; or

(g)the development would lead to a reduction in the space available for the parking or turning of vehicles.

Interpretation of Class BE+W

B.2  For the purposes of Class B—

(a)the erection of any additional building within the curtilage of another building (whether by virtue of Class B or otherwise) and used in connection with it is to be treated as the extension of that building, and the additional building is not to be treated as an original building;

(b)where two or more original buildings are within the same curtilage and are used for the same operational purposes, they are to be treated as a single original building in making any measurement;

(c)“employee facilities”means social, care or recreational facilities provided for employees or servants of the Crown, including crèche facilities provided for the children of such employees or servants.

Class CE+W

Permitted developmentE+W

C.  Development carried out by or on behalf of the Crown on operational Crown land for operational purposes consisting of—

(a)the installation of additional or replacement plant or machinery;

(b)the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus; or

(c)the provision, rearrangement or replacement of a private way, private railway, siding or conveyor.

Development not permittedE+W

C.1  Development described in Class C(a) is not permitted if—

(a)it would materially affect the external appearance of the premises; or

(b)any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.

Interpretation of Class CE+W

C.2  In Class C, “Crown land”does not include land in or adjacent to and occupied together with a mine.

Class DE+W

Permitted developmentE+W

D.  The provision by or on behalf of the Crown of a hard surface within the curtilage of an operational Crown building.

PART 35E+WAVIATION DEVELOPMENT BY THE CROWN

Class AE+W

Permitted developmentE+W

A.  The carrying out on operational Crown land, by or on behalf of the Crown, of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at an airbase.

Development not permittedE+W

A.1  Development is not permitted by Class A if it would consist of or include—

(a)the construction or extension of a runway;

(b)the construction of a passenger terminal the floor space of which would exceed 500 square metres;

(c)the extension or alteration of a passenger terminal, where the floor space of the building as existing at 7th June 2006 or, if built after that date, of the building as built, would be exceeded by more than 15%;

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

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

ConditionE+W

A.2  Development is permitted by Class A subject to the condition that the relevant airbase operator consults the local planning authority before carrying out any development, unless that development falls within the description in paragraph A.4.

Interpretation of Class AE+W

A.3  For the purposes of paragraph A.1, floor space shall be calculated by external measurement and without taking account of the floor space in any pier or satellite.

A.4  Development falls within this paragraph if—

(a)it is urgently required for the efficient running of the airbase, 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.

A.5  For the purposes of Class A, “operational building”means an operational Crown building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, military or civilian personnel, goods, military equipment, munitions and other items.

Class BE+W

Permitted developmentE+W

B.  The carrying out on operational land within the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

Class CE+W

Permitted developmentE+W

C.  The carrying out on operational land outside but within 8 kilometres of the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

Development not permittedE+W

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

(a)any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b)any building erected would exceed a height of 4 metres; or

(c)it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast antenna or apparatus, if greater.

Class DE+W

Permitted developmentE+W

D.  The carrying out on operational land, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

Development not permittedE+W

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

(a)any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b)any building erected would exceed a height of 4 metres; or

(c)it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

Class EE+W

Permitted developmentE+W

E.  The use of land by or on behalf of the Crown in an emergency to station moveable apparatus replacing unserviceable apparatus in connection with the provision of air traffic services.

ConditionE+W

E.1  Development is permitted by Class E subject to the condition that on or before the expiry of a period of six months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

Class FE+W

Permitted developmentE+W

F.  The use of land by or on behalf of the Crown to provide services and facilities in connection with the provision of air traffic services and the erection or placing of moveable structures on the land for the purposes of that use.

ConditionE+W

F.1  Development is permitted by Class F subject to the condition that, on or before the expiry of the period of six months beginning with the date on which the use began, the use shall cease, any structure shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

Class GE+W

Permitted developmentE+W

G.  The use of land by or on behalf of the Crown for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations.

ConditionE+W

G.1  Development is permitted by Class G subject to the condition that on or before the expiry of the period of six months beginning with the date on which the use began, the use will cease, any apparatus will be removed, and the land must be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

Class HE+W

Permitted developmentE+W

H.  The use of buildings by or on behalf of the Crown within the perimeter of an airbase for purposes connected with air transport services or other flying activities at that airbase.

Interpretation of Part 35E+W

I.  For the purposes of Part 35—

“airbase” means the aggregate of the land, buildings and works comprised in a Government aerodrome within the meaning of article 155 of the Air Navigation Order 2005; and

“air traffic services” has the same meaning as in section 98 of the Transport Act 2000(air traffic services).

PART 36E+WCROWN RAILWAYS, DOCKYARDSETC.AND LIGHTHOUSES

Class AE+W

Permitted developmentE+W

A.  Development by or on behalf of the Crown on operational Crown land, required in connection with the movement of traffic by rail.

Development not permittedE+W

A.1  Development is not permitted by Class A if it consists of or includes—

(a)the construction of a railway;

(b)the construction or erection of a hotel, railway station or bridge; or

(c)the construction or erection otherwise than wholly within a railway station of an office, residential or educational building, car park, shop, restaurant, garage, petrol filling station or a building used for an industrial process.

Interpretation of Class AE+W

A.2  For the purposes of Class A, references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected.

Class BE+W

Permitted developmentE+W

B.  Development by or on behalf of the Crown or its lessees on operational Crown land where the development is required—

(a)for the purposes of shipping; or

(b)at a dock, pier, pontoon or harbour in connection with the embarking, disembarking, loading, discharging or transport of military or civilian personnel, military equipment, munitions, or other items.

Development not permittedE+W

B.1  Development is not permitted by Class B if it consists of or includes the construction or erection of a bridge or other building not required in connection with the handling of traffic.

Interpretation of Class BE+W

B.2  For the purposes of Class B, references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected.

Class CE+W

Permitted developmentE+W

C.  The use of any land by or on behalf of the Crown for the spreading of any dredged material resulting from a dock, pier, harbour, water transport, canal or inland navigation undertaking.

Class DE+W

Permitted developmentE+W

D.  Development by or on behalf of the Crown on operational Crown land, or for operational purposes, consisting of—

(a)the use of the land as a lighthouse, with all requisite works, roads and appurtenances;

(b)the extension of, alteration, or removal of a lighthouse; or

(c)the erection, placing, alteration or removal of a buoy or beacon.

Development not permittedE+W

D.1  Development is not permitted by Class D if it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected.

Interpretation of Class DE+W

D.2  For the purposes of Class D—

“buoys and beacons” includes all other marks and signs of the sea; and

“lighthouse” includes any floating and other light exhibited for the guidance of ships, and also any sirens and any other description of fog signals.

PART 37E+WEMERGENCY DEVELOPMENT BY THE CROWN

Class AE+W

Permitted developmentE+W

A.  Development by or on behalf of the Crown on Crown land for the purposes of—

(a)preventing an emergency;

(b)reducing, controlling or mitigating the effects of an emergency; or

(c)taking other action in connection with an emergency.

ConditionsE+W

A.1  Development is permitted by Class A subject to the following conditions—

(a)the developer shall, as soon as practicable after commencing development, notify the local planning authority of that development; and

(b)on or before the expiry of the period of six months beginning with the date on which the development began—

(i)any use of that land for a purpose of Class A must cease and any buildings, plant, machinery, structures and erections permitted by Class A must be removed; and

(iii)the land must be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

Interpretation of Class AE+W

A2.—(1) For the purposes of Class A, “emergency”means an event or situation which threatens serious damage to—

(a)human welfare in a place in the United Kingdom;

(b)the environment of a place in the United Kingdom; or

(c)the security of the United Kingdom.

(2) For the purposes of paragraph (1)(a) an event or situation threatens damage to human welfare only if it involves, causes or may cause—

(a)loss of human life;

(b)human illness or injury;

(c)homelessness;

(d)damage to property;

(e)disruption of a supply of money, food, water, energy or fuel;

(f)disruption of a system of communication;

(g)disruption of facilities for transport; or

(h)disruption of services relating to health.

(3) For the purposes of paragraph (1)(b) an event or situation threatens damage to the environment only if it involves, causes or may cause—

(a)contamination of land, water or air with biological, chemical or radio-active matter; or

(b)disruption or destruction of plant life or animal life.

PART 38E+WDEVELOPMENT FOR NATIONAL SECURITY PURPOSES

Class AE+W

Permitted developmentE+W

A.  The erection, construction, maintenance, improvement or alteration of a gate, fence, wall of other means of enclosure by or on behalf of the Crown on Crown land for national security purposes.

Development not permittedE+W

A.1  Development is not permitted by Class A if the height of any gate, fence, wall or other means of enclosure erected or constructed would exceed 4.5 metres above ground level.

Class BE+W

Permitted developmentE+W

B.  The installation, alteration or replacement by or on behalf of the Crown on Crown land of a closed circuit television camera and associated lighting for national security purposes.

Development not permittedE+W

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

(a)the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres;

(b)the uniform level of lighting provided exceeds 10 lux measured at ground level.

ConditionsE+W

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

(a)the camera must, so far as practicable, be sited so as to minimise its effect on the external appearance of any building to which it is fixed;

(b)the camera must be removed as soon as reasonably practicable after it is no longer required for national security purposes.

Interpretation of Class BE+W

B.3  For the purposes of Class B—

  • “camera” except in paragraph B1(a) includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets; and

  • “ground level” means the level of the surface of the ground immediately adjacent to the building to which the camera is attached or, where the level of the surface of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it.

Class CE+W

Permitted developmentE+W

C.  Development by or on behalf of the Crown for national security purposes in, on, over or under Crown land, consisting of—

(a)the installation, alteration or replacement of any electronic communications apparatus;

(b)the use of land in an emergency for a period not exceeding six months to station and operate moveable electronic communications apparatus required for the replacement of unserviceable electronic communications apparatus, including the provision of moveable structures on the land for the purposes of that use; or

(c)development ancillary to radio equipment housing.

Development not permittedE+W

C.1  Development is not permitted by Class C(a) if—

(a)in the case of the installation of apparatus (other than on a building) the apparatus, excluding any antenna, would exceed a height of 15 metres above ground level;

(b)in the case of the alteration or replacement of apparatus already installed (other than on a building), the apparatus, excluding any antenna, would, when altered or replaced, exceed the height of the existing apparatus or a height of 15 metres above ground level, whichever is the greater;

(c)in the case of the installation, alteration or replacement of apparatus on a building, the height of the apparatus (taken by itself) would exceed the height of the existing apparatus or—

(i)15 metres, where it is installed, or is to be installed, on a building which is 30 metres or more in height; or

(ii)10 metres in any other case,

whichever is the greater;

(d)in the case of the installation, alteration or replacement of apparatus on a building, the highest part of the apparatus when installed, altered or replaced would exceed the height of the highest part of the building by more than the height of the existing apparatus or—

(i)10 metres, where it is installed, or is to be installed, on a building which is 30 metres or more in height;

(ii)8 metres, in the case of a building which is more than 15 metres but less than 30 metres in height; or

(iii)6 metres in any other case.

whichever is the greater;

(e)in the case of the installation, alteration or replacement of apparatus (other than an antenna) on a mast, the height of the mast and the apparatus supported by it would, when the apparatus was installed, altered or replaced, exceed any relevant height limit specified in respect of apparatus in paragraphs C.1(a), (b), (c) and (d), and for the purposes of applying the limit specified in sub-paragraph (c), the words “(taken by itself)”must be disregarded;

(f)in the case of the installation, alteration or replacement of any apparatus other than—

(i)a mast;

(ii)an antenna;

(iii)any apparatus which does not project above the level of the surface of the ground; or

(iv)radio equipment housing,

the ground or base area of the structure would exceed the ground or base area of the existing structure or 1.5 square metres, whichever is the greater;

(g)in the case of the installation, alteration or replacement of an antenna on a building (other than a mast) which is less than 15 metres in height; on a mast located on such a building; or, where the antenna is to be located below a height of 15 metres above ground level, on a building (other than a mast) which is 15 metres or more in height—

(i)the antenna is to be located on a wall or roof slope facing a highway which is within 20 metres of the building on which the antenna is to be located, unless it is essential for operational purposes that the antenna is located in that position; or

(ii)in the case of dish antennas, the size of any dish would exceed the size of the existing dish when measured in any dimension or 1.3 metres when measured in any dimension, whichever is the greater;

(h)in the case of the installation, alteration or replacement of a dish antenna on a building (other than a mast) which is 15 metres or more in height, or on a mast located on such a building , where the antenna is located at a height of 15 metres or above, measured from ground level the size of any dish would exceed the size of the existing dish when measured in any dimension or 1.3 metres when measured in any dimension, whichever is the greater;

(i)in the case of the installation of a mast, on a building which is less than 15 metres in height, such a mast would be within 20 metres of a highway, unless it is essential for operational purposes that the mast is installed in that position;

(j)in the case of the installation, alteration or replacement of radio equipment housing—

(i)the development is not ancillary to the use of any other electronic communications apparatus; or

(ii)the development would exceed 90 cubic metres or, if located on the roof of a building, the development would exceed 30 cubic metres.

C.2.  Development consisting of the installation of apparatus is not permitted by Class C(a) on article 1(5) land unless—

(a)the land on which the apparatus is to be installed is, or forms part of, a site on which there is existing electronic communication apparatus;

(b)the existing apparatus was installed on the site on or before the relevant day; and

(c)the site was Crown land on the relevant day.

C.3—(1) Subject to paragraph (2), development is not permitted by Class C(a) if it will result in the installation of more than one item of apparatus (“the original apparatus”) on a site in addition to any item of apparatus already on that site on the relevant day.

(2) In addition to the original apparatus which may be installed on a site by virtue of Class C(a), for every four items of apparatus which existed on that site on the relevant day, one additional item of small apparatus may be installed.

(3) In paragraph (2), “small apparatus” means—

(a)a dish antenna, other than on a building, not exceeding 5 metres in diameter and 7 metres in height;

(b)an antenna, other than a dish antenna and other than on a building, not exceeding 7 metres in height;

(c)a hard standing or other base for any apparatus described in sub-paragraphs (a) and (b), not exceeding 7 metres in diameter;

(d)a dish antenna on a building, not exceeding 1.3 metres in diameter and 3 metres in height;

(e)an antenna, other than a dish antenna, on a building, not exceeding 3 metres in height;

(f)a mast on a building, not exceeding 3 metres in height;

(g)equipment housing not exceeding 3 metres in height and of which the area, when measured at ground level, does not exceed 9 square metres.

ConditionsE+W

C.4—(1) Class C(a) and Class C(c) development is permitted subject to the condition that any antenna or supporting apparatus, radio equipment housing or development ancillary to radio equipment housing constructed, installed, altered or replaced on a building in accordance with that permission must, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.

(2) Class C(a) development consisting of the installation of any additional apparatus on article 1(5) land is permitted subject to the condition that the apparatus must be installed as close as is reasonably practicable to any existing apparatus.

(3) Class C(b) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission must, at the expiry of the relevant period be removed from the land and the land restored to its condition before the development took place.

(4) Class C development—

(a)on article 1(5) land or land which is, or is within, a site of special scientific interest; or

(b)on any other land and consisting of the construction, installation, alteration or replacement of a mast; or of an antenna on a building or structure (other than a mast) where the antenna (including any supporting structure) would exceed the height of the building or structure at the point where it is installed or to be installed by 4 metres or more; or of radio equipment housing with a volume in excess of 2.5 cubic metres; or of development ancillary to radio equipment housing—

is permitted subject, except in case of emergency, to the conditions set out in C.5.

C.5—(1) The developer must, before commencing development, give notice of the proposed development to any person (other than the developer) who is an owner or tenant of the land to which the development relates—

(a)by serving the appropriate notice on every such person whose name and address is known to the developer; and

(b)where the developer has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement.

(2) Where the proposed development consists of the installation of a mast within 3 kilometres of the perimeter of an aerodrome, the developer shall, before commencing development, notify the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate.

Interpretation of Class CE+W

C.6  For the purposes of Class C—

“aerodrome operator” means the person who is for the time being responsible for the management of the aerodrome;

“development ancillary to radio equipment housing” means the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of the radio equipment housing;

“appropriate notice” means a notice signed and dated by or on behalf of the developer and containing—

(a)

the name of the developer;

(b)

the address or location of the proposed development;

(c)

a description of the proposed development (including its siting and appearance and the height of any mast);

“local advertisement” means by publication of the notice in a newspaper circulating in the locality in which the land to which the proposed development relates is situated;

“mast” means a radio mast or a radio tower;

“owner” means any person who is the estate owner in respect of the fee simple, or who is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired;

“relevant day” means—

(a)

7th June 2006; or

(b)

where apparatus is installed pursuant to planning permission granted on or after 7th June 2006, the date when that apparatus is finally installed pursuant to that permission,

whichever is later;

“relevant period” means a period which expires—

(a)

six months from the commencement of the construction, installation, alteration or replacement of any apparatus or structure permitted by Class C(a) or Class C(c) or from the commencement of the use permitted by Class C(b), as the case may be; or

(b)

when the need for such apparatus, structure or use ceases,

whichever occurs first; and

“tenant” means the tenant of an agricultural holding any part of which is comprised in the land to which the proposed development relates.]

F61[F62PART 39E+WTEMPORARY PROTECTION OF POULTRY AND OTHER CAPTIVE BIRDS

Textual Amendments

F61Sch. 2 Pt. 39 added (with the minor difference that the definition of "relevant date" in para. A.3 refers to 21.3.2008 rather than 19.2.2008) (W.) (22.3.2007) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2007 (S.I. 2007/952), arts. 1(1), 2(2)

Class AE+W

Permitted developmentE+W

A.  The erection of a building where that is necessary for the purpose of housing poultry or other captive birds to protect them from avian influenza.

Development not permittedE+W

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

(a)the development would affect a listed building or its setting;

(b)the height of the building would exceed 12 metres;

(c)where the development is within three kilometres of an aerodrome, the height of the building would exceed three metres;

(d)the area of ground which would be covered by the building would exceed 465 square metres;

(e)where development permitted by Class A is carried out more than once on land in the occupation of a particular person, the aggregate of the area of ground covered by any such development would exceed 465 square metres;

(f)where the development consists of the extension of a building, the area of ground covered by the building as extended would exceed the area of ground covered by the existing building by more than 50 per cent.

ConditionsE+W

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

(a)the development shall not be used for any purpose other than to house poultry or other captive birds to protect them from avian influenza;

(b)the developer shall, as soon as practicable, and in any event no later than 14 days, after commencing development, serve the relevant notice on the local planning authority; and

(c)on or before the relevant date—

(i)any building permitted by Class A shall be removed from the land; and

(ii)the land shall be restored to its condition before the development took place, or restored to such other condition as may be agreed in writing between the local planning authority and the developer.

Interpretation of Class AE+W

A.3.  For the purposes of Class A—

“approved body” means a body approved in accordance with Article 2(1)(c) of Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/EEC;

“avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;

“other captive bird” means a bird kept in captivity which is not poultry and includes a bird kept as a pet; for shows, races, exhibitions or competitions; for breeding; for sale; or for use by an approved body;

“poultry” means birds reared or kept in captivity for the production of meat or eggs for consumption, for the production of other products, for restocking supplies of game or for the purposes of any breeding programme for the production of such categories of birds;

“relevant date” means—

(a)

[F6119th February 2008][F6121 March 2008]; or

(b)

the date on which the use of the building permitted by Class A ceases to be necessary for the purposes of protecting poultry or other captive birds from avian influenza,

whichever is the earlier;

“relevant notice” means a notice signed and dated by or on behalf of the developer and containing—

(a)

the name of the developer;

(b)

the address or location of the development (including a site plan and grid reference);

(c)

the name and address of the owner and occupier of the land on which the development is being carried out (if not the developer);

(d)

a description of the development (including the type of poultry or other captive birds to be protected); and

(e)

the date on which the development commenced.]

Article 9

SCHEDULE 3E+W STATUTORY INSTRUMENTS REVOKED

123
Title of InstrumentReferenceExtent of Revocation
The Town and Country Planning General Development Order 1988S.I. 1988/1813Paragraphs (3), (5), (6) and (7) of article 1 and articles 3, 4, 5 and 6 and Schedules 1 and 2
The Town and Country Planning General Development (Amendment) Order 1989S.I. 1989/603Paragraphs (2) to (8) of article 2
The Town and Country Planning General Development (Amendment) (No. 2) Order 1989S.I. 1989/1590Paragraphs (3) and (4) of article 2
The Town and Country Planning General Development (Amendment) Order 1990S.I. 1990/457The whole Order to the extent not already revoked
The Town and Country Planning General Development (Amendment) (No. 2) Order 1990S.I. 1990/2032The whole Order
The Town and Country Planning General Development (Amendment) Order 1991S.I. 1991/1536The whole Order to the extent not already revoked
The Town and Country Planning General Development (Amendment) (No. 2) Order 1991S.I. 1991/2268The whole Order to the extent not already revoked
The Town and Country Planning General Development (Amendment) (No. 3) Order 1991S.I. 1991/2805Articles 8, 9 and 10 and the Schedule
The Town and Country Planning General Development (Amendment) Order 1992S.I. 1992/609The whole Order
The Town and Country Planning General Development (Amendment) (No. 2) Order 1992S.I. 1992/658Article 3
The Town and Country Planning General Development (Amendment) (No. 3) Order 1992S.I. 1992/1280The whole Order
The Town and Country Planning General Development (Amendment) (No. 4) Order 1992S.I. 1992/1493Articles 8, 9 and 12(2)
The Town and Country Planning General Development (Amendment) (No. 5) Order 1992S.I. 1992/1563Paragraph 2 of the Schedule
The Town and Country Planning General Development (Amendment) (No. 6) Order 1992S.I. 1992/2450Articles 2, 3, 4 and 6
The Town and Country Planning General Development (Amendment) Order 1994S.I. 1994/678Article 4
The Town and Country Planning General Development (Amendment) (No. 2) Order 1994S.I. 1994/2595Articles 4, 5 and 6 and paragraph (3) of article 7
The Town and Country Planning General Development (Amendment) Order 1995S.I. 1995/298The whole Order except article 3(1)

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