The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the General Permitted Development Order”) (S.I. 2015/596).

Article 3 amends the definitions used in the General Permitted Development Order. It disapplies the definition of “buildings”, in Article 2(1) of the Order, as including part of a building for the purposes of development consisting of the change of use of storage or distribution centres (Class P of Part 3 of Schedule 2) and of premises in light industrial use (Class PA of Part 3 of Schedule 2) to dwellinghouses. It also updates the definition of a “military explosive storage area”, within which certain development is not permitted, so that this includes safeguarding zones around sites at which military explosives may be stored. It further includes definitions of “railway undertakers” and “transport undertakers” for the purposes of interpreting, respectively, Class A of Part 8 and Class C of Part 9 of Schedule 2 to the General Permitted Development Order.

Article 4 inserts a new article 7ZA into the General Permitted Development Order to modify the time limits on periods for consideration of prior approval applications in instances where the Secretary of State is considering, or decides to, call-in such an application for his own consideration (in exercise of his power under section 77(1) Town and Country Planning Act 1990). Time will cease to be counted from the date the Secretary of State gives notice that he is considering calling-in a prior approval application until he either makes a direction in respect of that application or gives notice that he declines to do so. Any provisions in Schedule 2 which require the local planning authority to notify consultees and/or adjoining owners or occupiers of the proposed development, such as those set out in paragraphs W.(6) to (8) of Part 3 of Schedule 2, will continue to apply.

Articles 6, 7 and 8 amend Class C (retail, betting office or pay day loan shop or casino to restaurant or café), Class M (retail and specified sui generis uses to dwellinghouses) and Class N (specified sui generis uses to dwellinghouses) of Part 3 of Schedule 2 to clarify that any development under paragraphs C.(b), M.(b) and N.(b) is permitted provided that it takes place together with development permitted by paragraphs C.(a), M.(a) or N.(a) respectively, and is not separate. Article 10 makes the same amendments in respect of development under Class Q of Part 3 of Schedule 2: development under paragraph Q.(b) is permitted provided that it takes place together with development permitted by paragraph Q.(a). Article 11(a) amends paragraph W of Part 3 (procedure for applications for prior approval under Part 3) to clarify that where development is proposed under paragraphs C.(b), M.(b), N.(b) or Q.(b) this should be described on the same application as that describing the relevant proposed development under paragraph C.(a), M.(a), N.(a) or Q.(a) respectively.

Article 9 extends the existing temporary right to change use of a building from a storage or distribution centre to a dwellinghouse (Class P of Part 3 of Schedule 2), for a further period. Development under Class P is permitted provided that the prior approval date (defined in paragraph X of Part 3 of Schedule 2) falls before 10th June 2019 and the change of use is completed within 3 years of the prior approval date.

Article 10 extends Class Q of Part 3 of Schedule 2 (agricultural buildings to dwellinghouses) to increase the number of dwellinghouses permitted from a total maximum of 3 to a total maximum of 5 (including any previous development under Class Q). It introduces new definitions of smaller and larger dwellinghouses; the former having no more than 100 square metres of floor space (as defined in article 2) in use as a dwellinghouse and the latter having between more than 100 and no more than 465 square metres of floor space in use as a dwellinghouse. The existing floor space limitation on agricultural buildings that may change use under Class Q is extended from 450 square metres to 465 square metres, for larger dwellinghouses. Including any previous development under Class Q, up to 3 larger dwellinghouses are permitted in total (with a maximum cumulative floor space of 465 square metres in use as a larger dwellinghouse or houses) and up to 5 smaller dwellinghouses are permitted (each to have no more than 100 square metres of floor space in use as a dwellinghouse). In total, no more than 5 dwellinghouses can be developed under Class Q (including any previous development under Class Q).

Article 11(b) amends paragraph W of Class 3 (procedure for applications for prior approval under Part 3) to require that a prior approval application in respect of proposed Class Q development must specify how many larger or smaller dwellinghouses are proposed, whether any previous development has taken place under Class Q within the established agricultural unit (defined in paragraph X of Part 3) and the number of smaller and larger dwellinghouses previously developed.

Articles 12 and 13 extend the size limits that apply to development on agricultural land permitted by Classes A and B of Part 6 of Schedule 2.

Article 14 clarifies that development under Class B of Part 9 of Schedule 2 may only be undertaken by transport undertakers.

Article 15 makes permanent the previously temporary removal (which ran until 30th May 2018) of the requirement to submit a prior approval application for telecommunications installations under Class A of Part 16 of Schedule 2 in connection with the provision of fixed-line broadband in protected areas, as defined in article 2(3), such as National Parks.

An assessment of impact in relation to this Order will be published at www.legislation.gov.uk or copies may be inspected at the Planning Directorate, Ministry of Housing, Communities and Local Government, 2 Marsham Street, London SW1P 4DF.