Gorchymyn Cynllunio Gwlad a Thref (Datblygu Cyffredinol a Ganiateir) (Diwygio) (Rhif 2) (Cymru) 2021

Diwygio Rhan 42 o Atodlen 2

4.—( 1) Yn y pennawd i Ran 42 (siopau, sefydliadau gwasanaethau ariannol neu broffesiynol) o Atodlen 2, ar ôl “Shops,” mewnosoder “Food and Drink Establishments and”.

(2) Ar ddiwedd Rhan 42 o Atodlen 2 mewnosoder—

“Class D Hospitality uses – awnings

Permitted Development

D. The installation of an awning over the frontage of premises falling within Class A3 (food and drink) of Schedule 1 to the Use Classes Order.

Development not permitted

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

(a) the land is within the curtilage of a listed building;

(b) the land is located on article 1(5) land or within a World Heritage Site;

(c) an awning would constitute an advertisement.

Conditions

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

(a) the awning must be fully retractable;

(b) the awning must be fully retracted between 10 pm and 8 am;

(c) the awning must not have—

(i) any means of support from the public highway;

(ii) any side or front panels extending towards the ground;

(d) where an awning extends over a highway, permission must have been obtained from the relevant council under section 115E of the Highways Act 1980 for—

(i) the installation of an awning;

(ii) any connected use of the highway under Class F of Part 4A of this Schedule;

(e) where permission has been given under section 115E for any connected use of the highway under Class F of Part 4A of this Schedule, an awning must not project beyond the part of the highway for which permission has been given for that connected use;

(f) the erection of the awning must be completed within the relevant period.

Interpretation of Class D

D.3 For the purposes of Class D “the relevant period” means the period beginning on 30 April 2021 and ending on 29 April 2022.”