The Town and Country Planning (General Permitted Development) (England) Order 2015

[F1 [F2 Conditions E+W

ZA.2.— (1) Development under Class ZA is permitted subject to the following conditions.

(2) Where any development under Class ZA is proposed, development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for prior approval of the authority as to—

(a) transport and highways impacts of the development;

(b) contamination risks in relation to the new building;

(c) flooding risks in relation to the new building;

(d) the design of the new building;

(e) the external appearance of the new building;

(f) the provision of adequate natural light in all habitable rooms of each new dwellinghouse in or comprising the new building;

(g) the impact of the development on the amenity of the new building and of neighbouring premises, including overlooking, privacy and light;

(h) impacts of noise from any commercial premises on the intended occupiers of the new dwellinghouses;

(i) the impact on business and new residents of the development’s introduction of, or increase in, residential use in the area in which the development is to take place;

(j) the impact of the development on heritage and archaeology;

(k) the method of demolition of the old building;

(l) the plans for landscaping of the development, including the planting and maintenance of shrubs and trees; and

(m) any—

(i) air traffic and defence asset impacts of the development, and

(ii) impact that, because of the siting of the new building, the development will have on a protected vista identified in the Directions Relating to Protected Vistas dated 15 March 2012 by the Secretary of State,

unless no part of the new building (including plant, radio masts and antennae) occupies airspace not occupied by the old building (including plant, radio masts and antennae).

(3) In sub-paragraph (1)(h), “commercial premises” means any premises in the surrounding area which are normally used for the purpose of any commercial or industrial undertaking which existed on the date of the application under sub-paragraph (2), and includes premises licensed under the Licensing Act 2003 or any other place of public entertainment.

(4) When the developer applies under sub-paragraph (2), paragraph B (procedure for applications for prior approval under Part 20) applies to the application and the material covered by paragraph B(1A) to B(1C).

(5) Any development under Class ZA is permitted subject to the condition that it must be completed within a period of 3 years starting with the date prior approval is granted.

(6) Any development under Class ZA is permitted subject to the condition that before beginning the development, the developer must provide the local planning authority with a report for the management of the construction of the development, which is acceptable to the authority and sets out the method of demolition, the proposed development hours of operation and how any adverse impact of noise, dust and vibration and traffic on occupiers of the new building and adjoining owners or occupiers will be mitigated, the proposed use of materials, and the plans for the disposal and recycling of waste generated by the development and that in carrying out the development the developer must comply with the report.

(7) The developer must notify the local planning authority of the completion of the development as soon as reasonably practicable after completion.

(8) The notification referred to in sub-paragraph (6) must be in writing and must include—

(a) the name of the developer;

(b) the address or location of the development; and

(c) the date of completion.

(9) Any new dwellinghouse created under Class ZA is to remain in use as a dwellinghouse within the meaning of Class C3 of the Schedule to the 1987 Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use as a dwellinghouse.]]

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 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)