The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021

Citation, commencement, extent and application

1.—(1) This Order may be cited as the Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021 and comes into force on 1st August 2021.

(2) This Order extends to England and Wales, and any amendment made by this Order has the same application as the provision amended.

Amendments to the Town and Country Planning (General Permitted Development) (England) Order 2015

2.  The Town and Country Planning (General Permitted Development) (England) Order 2015(1) is amended in accordance with articles 3 to 9.

Amendments to Part 1 of Schedule 2

3.—(1) Part 1 (development within the curtilage of a dwellinghouse) of Schedule 2 (permitted development rights) is amended as follows.

(2) In each of the following provisions, after “Class” insert “G,”—

(a) paragraph A.1(a) (development not permitted) of Class A (enlargement, improvement or other alteration of a dwellinghouse);

(b) paragraph AA.1(a) (development not permitted) of Class AA (enlargement of a dwellinghouse by construction of additional storeys);

(c) paragraph B.1(a) (development not permitted) of Class B (additions etc to the roof of a dwellinghouse);

(d) paragraph C.1(a) (development not permitted) of Class C (other alterations to the roof of a dwellinghouse);

(e) paragraph D.1(a) (development not permitted) of Class D (porches);

(f) paragraph E.1(a) (development not permitted) of Class E (buildings etc incidental to the enjoyment of a dwellinghouse);

(g) paragraph F.1(a) (development not permitted) of Class F (hard surfaces incidental to the enjoyment of a dwellinghouse);

(h) paragraph G.1(a) (development not permitted) of Class G (chimneys, flues etc on a dwellinghouse);

(i) paragraph H.1(a) (development not permitted) of Class H (microwave antenna on a dwellinghouse).

(3) In sub-paragraph (2) of paragraph AA.3 (procedure for applications for prior approval) of Class AA (enlargement of a dwellinghouse by construction of additional storeys), after paragraph (c) insert—

“together with any fee required to be paid.”.

Amendments to Part 3 of Schedule 2

4.—(1) Part 3 (changes of use) of Schedule 2 is amended as follows.

(2) For Class A (restaurants, cafes or takeaways to retail), substitute—

“Class A – casino, betting office, pay day loan shop or hot food takeaway to commercial, business and service

Permitted development

A. Development consisting of a change of use of a building from a use falling within one of the following provisions of the Use Classes Order—

(a) article 3(6)(m) (casino);

(b) article 3(6)(n) (betting office);

(c) article 3(6)(o) (pay day loan shop); or

(d) article 3(6)(r) (hot food takeaway),

to a use falling within Class E (commercial, business and service) of Schedule 2 to that Order.

Conditions

A.1.   Development under Class A is permitted subject to the condition that, before beginning the development, the developer provides written notification to the local planning authority of the date on which the use of the building will change.”.

(3) For paragraph AA (permitted development) of Class AA (drinking establishments with expanded food provision) substitute—

“Permitted development

AA. Development consisting of a change of use of a building and any land within its curtilage—

(a) from a use falling within article 3(6)(p) (public house, wine bar, or drinking establishment) of the Use Classes Order to a use falling within article 3(6)(q) (drinking establishment with expanded food provision) of that Order; or

(b) from a use falling within article 3(6)(q) to a use falling within article 3(6)(p).”.

(4) Omit Class B (takeaways to restaurants and cafes).

(5) Omit Class C (retail, betting office or pay day loan shop or casino to restaurant or cafe).

(6) Omit Class D (shops to financial and professional).

(7) Omit Class E (financial and professional or betting office or pay day loan shop to shops).

(8) Omit Class F (betting offices or pay day loan shops to financial and professional).

(9) In Class G (retail or betting office or pay day loan shop to mixed use)—

(a) in the heading, for “retail” substitute “commercial, business and service”;

(b) in paragraph G (permitted development)—

(i) for sub-paragraph (a), substitute—

“(a) from a use within Class E (commercial, business and service) of Schedule 2 to the Use Classes Order, to a mixed use for any purpose within that Class and as up to 2 flats;”;

(ii) omit sub-paragraph (b);

(iii) for sub-paragraph (c), substitute—

“(c) from a use within article 3(6)(n) (betting office) or 3(6)(o) (pay day loan shop) of the Use Classes Order, to a mixed use for any purpose within Class E (commercial, business and service) of Schedule 2 to that Order and as up to 2 flats;”;

(iv) omit sub-paragraph (d);

(v) in sub-paragraph (e), for “as a betting office or a pay day loan shop”, in both places it occurs, substitute “falling within article 3(6)(n) (betting office) or 3(6)(o) (pay day loan shop) of the Use Classes Order”;

(c) in paragraph G.1 (conditions)—

(i) in sub-paragraph (a), for the words from “as a betting office” to “of the Schedule to” substitute—

“for a use within, as the case may be, article 3(6)(n) (betting office) or 3(6)(o) (pay day loan shop) of, or Class E of Schedule 2 to,”;

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

“;

(d) before beginning 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 as to—

(i) contamination risks in relation to the building;

(ii) flooding risks in relation to the building;

(iii) impacts of noise from commercial premises on the intended occupiers of the development;

(iv) the provision of adequate natural light in all habitable rooms of the dwellinghouses;

(v) arrangements required for the storage and management of domestic waste.”.

(10) In Class H (mixed use to retail)—

(a) in the heading, for “retail” substitute “commercial, business and service or betting office or pay day loan shop”;

(b) in paragraph H (permitted development)—

(i) for sub-paragraph (a), substitute—

“(a) from a mixed use for any purpose within Class E (commercial, business and service) of Schedule 2 to the Use Classes Order and as up to 2 flats, to a use for any purpose within that Class;”;

(ii) omit sub-paragraph (b);

(iii) for sub-paragraph (c), substitute—

“(c) from a mixed use within article 3(6)(n) (betting office) or 3(6)(o) (pay day loan shop) of the Use Classes Order and as up to 2 flats, to use for any purpose within Class E (commercial, business and service) of Schedule 2 to that Order;”;

(iv) omit sub-paragraph (d);

(v) in sub-paragraph (e), for “as a betting office or a pay day loan shop”, in both places it occurs, substitute “within article 3(6)(n) (betting office) or 3(6)(o) (pay day loan shop) of the Use Classes Order”;

(c) for paragraph H.1 (development not permitted), substitute—

“Development not permitted

H.1.   Development is not permitted by Class H unless each part of the building used as a flat was, immediately prior to being so used, used for any purpose within, as the case may be, article 3(6)(n) (betting office) or 3(6)(o) (pay day loan shop) of, or Class E of Schedule 2 to, the Use Classes Order.”.

(11) For Class I (industrial and general business conversions), substitute—

“Class I – industrial conversions

Permitted development

I. Development consisting of a change of use of a building from any use falling within Class B2 (general industrial) of Schedule 1 to the Use Classes Order, to a use for any purpose falling within Class B8 (storage or distribution) of that Schedule.

Development not permitted

I.1.   Development is not permitted by Class I if the change of use relates to more than 500 square metres of floor space in the building.”.

(12) Omit Class J (retail or betting office or pay day loan shop to assembly and leisure).

(13) Omit Class JA (retail, takeaway, betting office, pay day loan shop and launderette uses to offices).

(14) Omit Class K (casinos to assembly and leisure).

(15) In Class M—

(a) for the heading, substitute “certain uses to dwellinghouses”;

(b) for paragraph M (permitted development), substitute—

“Permitted development

M. Development consisting of—

(a) a change of use of a building from—

(i) a use falling within one of the following—

(aa) launderette;

(bb) betting office;

(cc) pay day loan shop;

(dd) hot food takeaway; or

(ii) a mixed use combining use as a dwellinghouse with a use falling within one of the uses mentioned in paragraph (i)(aa), (bb) or (cc) (whether that use was granted permission under Class G of this Part or otherwise);

to a use falling within Class C3 (dwellinghouses) of Schedule 1 to the Use Classes Order; or

(b) development referred to in sub-paragraph (a) together with building operations reasonably necessary to convert the building to a use falling within Class C3 (dwellinghouses).”;

(c) in paragraph M.1 (development not permitted), omit sub-paragraph (b);

(d) in sub-paragraph (1)(d) of paragraph M.2 (conditions)—

(i) for sub-paragraph (i) substitute—

“(i) on adequate provision of services of the sort that may be provided by a building falling within article 3(6)(c) (launderette) of the Use Classes Order, but only where there is a reasonable prospect of the building being used to provide such services,”;

(ii) omit sub-paragraph (ii).

(16) In Class MA (commercial, business and service uses to dwellinghouses)—

(a) in paragraph MA.2 (conditions)—

(i) in sub-paragraph (2)—

(aa) at the end of paragraph (g), omit “and”;

(bb) at the end of paragraph (h), insert—

“; and

(i) where the development meets the fire risk condition, the fire safety impacts on the intended occupants of the building”;

(ii) in sub-paragraph (4), for the words “as if” to the end substitute—

“as if—

(a) for paragraph (e) of sub-paragraph (2) there were substituted—

“(e) where—

(i) sub-paragraph (6) requires the Environment Agency(2) to be consulted, a site-specific flood risk assessment;

(ii) sub-paragraph (6A) requires the Health and Safety Executive(3) to be consulted, a statement about the fire safety design principles, concepts and standards that have been applied to the development,”;

(b) in the introductory words in sub-paragraph (5), for “and highways impacts of the development” there were substituted “impacts of the development, particularly to ensure safe site access”;

(c) after sub-paragraph (6) there were inserted—

“(6A) Where the application relates to prior approval as to fire safety impacts, on receipt of the application, the local planning authority must consult the Health and Safety Executive.”;

(d) in sub-paragraph (7) for “(5) and (6)” there were substituted “(5), (6) and (6A)”;”;

(b) after paragraph MA.2, insert—

“Interpretation of Class MA

MA.3. Development meets the fire risk condition referred to in paragraph MA.2(2)(i) if the development relates to a building which will—

(a) contain two or more dwellinghouses; and

(b) satisfy the height condition in paragraph (3), read with paragraph (7), of article 9A (fire statements) of the Town and Country Planning (Development Management Procedure) (England) Order 2015(4).”.

(17) In Class R (agricultural buildings to a flexible commercial use)—

(a) for paragraph R (permitted development), substitute—

“Permitted development

R. Development consisting of a change of use of a building and any land within its curtilage from a use as an agricultural building to a flexible use falling within one of the following provisions of the Use Classes Order—

(a) Class B8 (storage or distribution) of Schedule 1;

(b) Class C1 (hotels) of Schedule 1; or

(c) Class E (commercial, business or service) of Schedule 2.”;

(b) in sub-paragraph (c) of paragraph R.2 (conditions), for “Class G” substitute “Class E”.

(18) In Class S (agricultural buildings to state-funded school or registered nursery)—

(a) in the heading, omit “or registered nursery”;

(b) in paragraph S (permitted development), for “or a registered nursery” substitute “falling within Class F.1(a) (provision of education) of Schedule 2 to the Use Classes Order”;

(c) in sub-paragraph (1) of paragraph S.2 (conditions)—

(i) for paragraph (a), substitute—

“(a) the site is to be used as a state-funded school falling within Class F.1(a) of Schedule 2 to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use of the site as such a state-funded school; and”

(ii) in paragraph (b)(v), omit “or, as the case may be, a registered nursery”.

(19) In Class T (business, hotels etc to state-funded schools or registered nursery)—

(a) for the heading, substitute “commercial, business and service, hotels etc to state-funded schools”;

(b) for paragraph T (permitted development), substitute—

“Permitted development

T. Development consisting of a change of use of a building and any land within its curtilage from a use falling within one of the following provisions of the Use Classes Order—

(a) Class C1 (hotels) of Schedule 1;

(b) Class C2 (residential institutions) of Schedule 1;

(c) Class C2A (secure residential institutions) of Schedule 1; or

(d) Class E (commercial, business or service) of Schedule 2,

to use as a state-funded school falling within Class F.1(a) of Schedule 2 to that Order.”;

(c) in paragraph T.1 (development not permitted), omit sub-paragraph (a);

(d) in sub-paragraph (1) of paragraph T.2 (conditions)—

(i) for paragraph (a), substitute—

“(a) the site is to be used as a state-funded school falling within Class F.1(a) of Schedule 2 to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use of the site as such a state-funded school;”.

(20) In paragraph W (procedure for applications for prior approval under Part 3)—

(a) in sub-paragraph (2)—

(i) in paragraph (a), omit “C,”;

(ii) in paragraph (ba), after “Classes” insert “G,”;

(iii) in paragraph (bc), after “Classes” insert “G,”;

(b) in sub-paragraph (3), for “M.2(1)(f),” substitute “G.1(d)(iv), paragraph M.2(1)(f), paragraph MA.2(2)(f),”.

(21) In the definition of “sui generis use” in paragraph X (interpretation of Part 3), for “the Schedule” substitute “Schedule 1 or 2”.

Amendments to Part 4 of Schedule 2

5.—(1) Part 4 (temporary buildings and uses) of Schedule 2 is amended as follows.

(2) In Class C (use as a state-funded school for 2 academic years)—

(a) in paragraph C (permitted development) after “state-funded school” insert “falling within Class F.1(a) (provision of education) of Schedule 2 to the Use Classes Order”;

(b) in paragraph C.1 (development not permitted)—

(i) in sub-paragraph (a), for “the Schedule” substitute “Schedule 1 or 2”;

(ii) in sub-paragraph (e), for the words from “Class A4” to the end substitute “Class F.2 (local community) of Schedule 2 to the Use Classes Order”;

(c) in sub-paragraph (c) of paragraph C.2 (conditions), for “Class D1 (non-residential institutions) of the Schedule” substitute “Class F.1(a) (provision of education) of Schedule 2”.

(3) In Class CA (provision of a temporary state-funded school on previously vacant commercial land)—

(a) in paragraph CA (permitted development), after “state-funded school” insert “falling within Class F.1(a) (provision of education) of Schedule 2 to the Use Classes Order”;

(b) in the definition of “vacant commercial land” in paragraph CA.3 (interpretation of Class CA), for sub-paragraph (b) substitute—

“(b) which was last used for a purpose falling within one of the following provisions of the Use Classes Order—

(i) Class C1 (hotels) of Schedule 1;

(ii) Class C2 (residential institutions) of Schedule 1;

(iii) Class C2A (secure residential institutions) of Schedule 1;

(iv) Class E (commercial, business and service) of Schedule 2.”.

(4) In Class D (shops, financial, cafes, takeaways etc to temporary flexible use)—

(a) for the heading substitute “commercial, business and service etc to temporary flexible use”;

(b) in paragraph D (permitted development), for sub-paragraphs (a) and (b) substitute—

“(a) from a use falling within one of the following provisions of the Use Classes Order—

(i) article 3(6)(n) (betting office);

(ii) article 3(6)(o) (pay day loan shop);

(iii) article 3(6)(r) (hot food takeaway); or

(iv) Class E (commercial, business and service) of Schedule 2,

(b) to a flexible use falling within one of the following provisions of Schedule 2 to that Order—

(i) Class E (commercial, business and service);

(ii) Class F.1(b) (display of art);

(iii) Class F.1(c) (museum);

(iv) Class F.1(d) (public library or public reading room); or

(v) Class F.1(e) (public hall or exhibition hall),”.

(5) In Class DA (restaurants etc to temporarily provide takeaway food)—

(a) in paragraph DA (permitted development)—

(i) for paragraphs (i) and (ii) of sub-paragraph (a), substitute—

“(i) article 3(6)(p) (drinking establishments etc.) of the Use Classes Order;

(ii) article 3(6)(q) (drinking establishments with expanded food provision) of that Order; or

(iii) Class E(b) (sale of food and drink mostly for consumption on the premises) of Schedule 2 to that Order; or”;

(ii) in sub-paragraph (b), for “that Class A3 and Class A4;” substitute “article 3(6)(p) and Class E(b),”;

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

(iv) omit sub-paragraph (c);

(b) in paragraph DA.2 (interpretation of Class DA), for “Class A5 of the Schedule to” substitute “article 3(6)(r) of”.

Amendments to Part 7 of Schedule 2

6.—(1) Part 7 (non-domestic extensions, alterations etc) of Schedule 2 is amended as follows.

(2) In Class A (extensions etc of shops or financial or professional premises)—

(a) in the heading, for “shops or financial or professional premises” substitute “commercial, business or service premises”;

(b) in paragraph A (permitted development), for “shop or financial or professional services” substitute “commercial, business or service”;

(c) in paragraph A.1 (development not permitted)—

(i) in sub-paragraph (c)(i)(aa), for “the Schedule” substitute “Schedule 1”;

(ii) in sub-paragraph (g), for “an existing shop front” substitute “the front of any existing building”;

(d) in sub-paragraph (c) of A.2 (conditions), for “shop or financial or professional services” substitute “commercial, business or service”;

(e) in paragraph A.3 (interpretation of Class A), for the definitions of “raised platform” and “shop or financial or professional services establishment” substitute—

““commercial, business or service premises” means a building, or part of a building, used for any purpose within Class E (commercial, business and service) of Schedule 2 to the Use Classes Order and includes buildings with other uses in other parts as long as the other uses are not within the parts being altered or extended;

“raised platform” means a platform with a height greater than 0.3 metres,”.

(3) In the definition of “shop” in each of—

(a) paragraph B.3 (interpretation of Class B) of Class B (construction of shop trolley stores),

(b) paragraph C.3 (interpretation of Class C) of Class C (click and collect facilities), and

(c) paragraph D.3 (interpretation of Class D) of Class D (modification of shop loading bays),

for “Class A1 (shops) of the Schedule” substitute “Class E(a) (display or retail sale of goods other than hot food) of Schedule 2”.

(4) In Class E (hard surfaces for shops, catering or financial or professional premises)—

(a) in the heading, for “shops, catering or financial or professional premises” substitute “commercial, business or service etc premises”;

(b) in paragraph E (permitted development), for sub-paragraph (a) substitute—

“(a) the provision of a hard surface within the curtilage of a building used for a purpose falling within one of the following provisions of the Use Classes Order—

(i) article 3(6)(p) (drinking establishments etc);

(ii) article 3(6)(q) (drinking establishment with expanded food provision);

(iii) article 3(6)(r) (hot food takeaway); or

(iv) Class E (commercial, business and service) of Schedule 2; or”;

(c) omit paragraph E.3 (interpretation of Class E).

(5) Omit Class F (extensions etc of office buildings).

(6) Omit Class G (hard surfaces for office buildings).

(7) In Class M (extensions etc for schools, colleges, universities, prisons and hospitals), in sub-paragraph (a)(i) of paragraph M.1 (development not permitted), after “school,” insert “college,”.

(8) In paragraph O (interpretation of Part 7)—

(a) in the definition of “office building”, for “Class B1(a) of the Schedule” substitute “Class E(g)(i) of Schedule 2”;

(b) in the definition of “school”, in each of sub-paragraph (a) and (b) omit “or registered nursery”;

(c) in the definition of “warehouse”, for “the Schedule” substitute “Schedule 1”.

Amendments to Part 8 of Schedule 2

7.  In paragraph O (interpretation of Part 8) of Part 8 (transport related development) of Schedule 2, in the definition of “operational building” after “means” insert “, for the purposes of Class F,”.

Amendments to Part 11 of Schedule 2

8.  In paragraph B.1 (development not permitted) of Class B (demolition of buildings) of Part 11 (heritage and demolition) of Schedule 2, for sub-paragraph (c) substitute—

“(c) the building is used, or was last used, for a purpose falling within—

(i) article 3(6)(p) (drinking establishments etc.) of the Use Classes Order; or

(ii) article 3(6)(q) (drinking establishments with expanded food provision) of that Order;”.

Amendments to Part 20 of Schedule 2

9.—(1) Part 20 (construction of new dwellinghouses) of Schedule 2 is amended as follows.

(2) In sub-paragraph (1) of paragraph A.2 (conditions) of Class A (new dwellinghouses on detached blocks of flats)—

(a) at the end of paragraph (h) omit “and”;

(b) in the end of paragraph (i) insert—

“; and

(j) where the development meets the fire risk condition, the fire safety impacts on the intended occupants of the building”.

(3) In paragraph B (procedure for applications for prior approval under Part 20)—

(a) for paragraph (h) of sub-paragraph (2) substitute—

“(h) where—

(i) sub-paragraph (6) requires the Environment Agency to be consulted, a site-specific flood risk assessment;

(ii) sub-paragraph (6A) requires the Health and Safety Executive to be consulted, a statement about the fire safety design principles, concepts and standards that have been applied to the development;”;

(b) after sub-paragraph (6) insert—

“(6A) Where the application relates to prior approval as to fire safety impacts, on receipt of the application, the local planning authority must consult the Health and Safety Executive.”;

(c) in sub-paragraph (11), after “(6),” insert “(6A),”.

(4) In paragraph C (interpretation of Part 20), after sub-paragraph (2) insert—

“(3) In Part 20, development meets the fire risk condition if the development relates to a building which will—

(a) contain two or more dwellinghouses; and

(b) satisfy the height condition in paragraph (3), read with paragraph (7), of article 9A (fire statements) of the Town and Country Planning (Development Management Procedure) (England) Order 2015(5).”

(5) In Class AA (new dwellinghouses on detached buildings in commercial or mixed use)—

(a) in sub-paragraph (2) of paragraph AA (permitted development)—

(i) in paragraph (a), for “the Use Classes Order” substitute “the 1987 Order”;

(ii) in paragraph (b)(ii), for “the Use Classes Order” substitute “the 1987 Order”;

(b) after sub-paragraph (2), insert—

“(3) In relation to Class AA, “the 1987 Order” means the Use Classes Order as in force on 5th March 2018.”;

(c) in sub-paragraph (1) of paragraph AA.2 (conditions)—

(i) at the end of paragraph (j) omit “and”;

(ii) at the end of paragraph (k) insert—

“; and

(l) where the development meets the fire risk condition (see paragraph C(3) of this Part), the fire safety impacts on the intended occupants of the building”.

(6) In Class AB (new dwellinghouses on terrace buildings in commercial or mixed use)—

(a) in sub-paragraph (2) of paragraph AB (permitted development)—

(i) in paragraph (a), for “the Use Classes Order” substitute “the 1987 Order”;

(ii) in paragraph (b)(ii), for “the Use Classes Order” substitute “the 1987 Order”;

(b) after sub-paragraph (3), insert—

“(4) In relation to Class AB, “the 1987 Order” means the Use Classes Order as in force on 5th March 2018.”.

Amendment to the Town and Country Planning (Development Management Procedure) (England) Order 2015

10.  In paragraph (1) of article 22 (duty to respond to consultation) of the Town and Country Planning (Development Management Procedure) (England) Order 2015(6)—

(a) after sub-paragraph (d), insert—

“(da) paragraph W(6A) of Part 3 of Schedule 2 to the Permitted Development Order as provided for by paragraph MA.2(4)(c) of that Part;”;

(b) after sub-paragraph (f), insert—

“(fa) paragraph B(5), (6) and (6A) of Part 20 of Schedule 2 to the Permitted Development Order (construction of new dwellinghouses);”.

Amendment to the Town and Country Planning (Compensation) (England) Regulations 2015

11.  In paragraph (c) of regulation 2 (prescribed development) of the Town and Country Planning (Compensation) (England) Regulations 2015(7)—

(a) after “Classes” insert “A,”;

(b) after “D,” insert “G,”;

(c) for “J,” substitute “I, J, K,”.

Amendment to the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013

12.  In paragraph (3)(b) of article 7A (fire statements) of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013(8), omit “(ignoring any storey which is below ground level)”.

Transitional and saving provision

13.  The amendments made by this Order are subject to the Schedule (transitional and saving provision).

Christopher Pincher

Minister of State

Ministry of Housing, Communities and Local Government

7th July 2021