SCHEDULE 2 E+WPermitted development rights

[F1 PART 20 E+WConstruction of New Dwellinghouses

Textual Amendments

F1 Sch. 2 Pt. 20 inserted (1.8.2020) by The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 (S.I. 2020/632), regs. 1(2), 22

[F2 Class ZA - Demolition of buildings and construction of new dwellinghouses in their place E+W

Textual Amendments

F2 Sch. 2 Pt. 20 Class ZA inserted (31.8.2020 at 10.00.a.m.) by The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 3) Order 2020 (S.I. 2020/756), arts. 1(2), 4(2)

Development not permitted E+W

ZA1.   Development is not permitted by Class ZA—

(a) if land covered by, or within the curtilage of, the old building—

(i) is occupied in any part under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained;

(ii) is or forms part of article 2(3) land;

(iii) is or forms part of a site of special scientific interest;

(iv) is or forms part of a listed building or land within its curtilage;

(v) is or forms part of a scheduled monument or land within its curtilage;

(vi) is or forms part of a safety hazard area;

(vii) is or forms part of a military explosives storage area; or

(viii) is within 3 kilometres of the perimeter of an aerodrome;

(b) if the old building was constructed after 31 December 1989;

(c) if the footprint of the old building exceeds 1,000 square metres;

(d) if the height of the highest part of the roof of the old building above ground level (not including plant, radio masts and antennae) is greater than 18 metres at any point;

(e) unless the old building has been vacant for a period of at least 6 months immediately prior to the date of the application for prior approval;

(f) if the old 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 old building stands and it is practicable to secure safety or health by works of repair or works for affording temporary support (and for this purpose keeping the old building vacant does not of itself count as action or inaction);

(g) if the demolition is “relevant demolition” for the purposes of section 196D of the Act (demolition of an unlisted etc building in a conservation area);

(h) if any of the footprint of the new building falls outside the footprint of the old building;

(i) if any part of the exterior wall of the new building nearest to a highway is nearer to the highway than the part nearest the highway of the exterior wall nearest the highway of the old building;

(j) if the height (not including plant, radio masts and antennae) of the new building would at any point exceed the lower of—

(i) 7 metres above the height (not including plant) of old building; or

(ii) 18 metres,

above ground level;

(k) if the new building has more than X + 2 storeys, where “X” is the number of storeys in the old building;

(l) if the new building has more storeys than the old building and the floor to ceiling height of any additional storey in the new building, measured internally, would at any point be greater than the lower of—

(i) the floor to ceiling height, measured internally, of any storey in the old building; or

(ii) 3 metres; or

(m) if the height of any plant on the roof of the new building as measured from the lowest surface of that roof would be greater than the height of any existing plant as measured from the lowest surface of the existing roof on the principal part of the old building.]]