Citation, commencement and interpretation

1.—(1) This Order may be cited as the Town and Country Planning (General Permitted Development) Order 1995 and shall come into force on 3rd June 1995.

(2) In this Order, unless the context otherwise requires—

• “ the Act " means the Town and Country Planning Act 1990 ;

• “ the 1960 Act " means the Caravan Sites and Control of Development Act 1960 ^M3 ;

• “ aerodrome " means an aerodrome as defined in article 106 of the Air Navigation Order 1989 ^M4 (interpretation) which is—

  (a)

  licensed under that Order,

  (b)

  a Government aerodrome,

  (c)

  one at which the manufacture, repair or maintenance of aircraft is carried out by a person carrying on business as a manufacturer or repairer of aircraft,

  (d)

  one used by aircraft engaged in the public transport of passengers or cargo or in aerial work, or

  (e)

  one identified to the Civil Aviation Authority before 1st March 1986 for inclusion in the UK Aerodrome Index,

  and, for the purposes of this definition, the terms “aerial work", “Government aerodrome" and “public transport" have the meanings given in article 106;

• “ aqueduct " does not include an underground conduit;

• “ area of outstanding natural beauty " means an area designated as such by an order made by the Countryside Commission, as respects England, or [^F2 the Natural Resources Body for Wales ^F2] , as respects Wales, under section 87 of the National Parks and Access to the Countryside Act 1949 ^M5 (designation of areas of outstanding natural beauty) as confirmed by the Secretary of State;

• “ building "—

  (a)

  includes any structure or erection and, except in Parts 24, [^F3 25, 33 and 40^F3] , [^F4 , Class A of Part 31 and Class C of Part 38^F4] , of Schedule 2, includes any part of a building, as defined in this article; and

  (b)

  does not include plant or machinery and, in Schedule 2, except in Class B of Part 31 and Part 33, does not include any gate, fence, wall or other means of enclosure;

• “ caravan " has the same meaning as for the purposes of Part I of the 1960 Act (caravan sites);

• “ caravan site " means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed;

• “ classified road " means a highway or proposed highway which—

  (a)

  is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980^M6 (general provision as to principal and classified roads); or

  (b)

  is classified by the Secretary of State for the purposes of any enactment by virtue of section 12(3) of that Act;

• [^F5 “ Crown land ” has the meaning given by section 293 of the Act; ^F5]

• “ cubic content " means the cubic content of a structure or building measured externally;

• “ dwellinghouse " does not include a building containing one or more flats, or a flat contained within such a building;

• [^F6 “ electronic communication ” has the meaning given in section 15(1) of the Electronic Communications Act 2000 ; ^F6]

• “ erection ", in relation to buildings as defined in this article, includes extension, alteration, or re-erection;

• “ existing ", in relation to any building or any plant or machinery or any use, means (except in the definition of “original") existing immediately before the carrying out, in relation to that building, plant, machinery or use, of development described in this Order;

• “ flat " means a separate and self-contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;

• “ floor space " means the total floor space in a building or buildings;

• “ industrial process " means a process for or incidental to any of the following purposes—

  (a)

  the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);

  (b)

  the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or

  (c)

  the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine;

• “ land drainage " has the same meaning as in section 116 of the Land Drainage Act 1976 ^M7 (interpretation);

• [^F7 “ listed building ” has the meaning given by section 76 of the Historic Environment (Wales) Act 2023 ; ^F7]

• “ by local advertisement " means by publication of the notice in at least one newspaper circulating in the locality in which the area or, as the case may be, the whole or relevant part of the conservation area to which the direction relates is situated;

• “ machinery " includes any structure or erection in the nature of machinery;

• “ microwave " means that part of the radio spectrum above 1,000 MHz;

• “ microwave antenna " means a satellite antenna or a terrestrial microwave antenna;

• “ mine " means any site on which mining operations are carried out;

• “ mining operations " means the winning and working of minerals in, on or under land, whether by surface or underground working;

• “ notifiable pipe-line " means a pipe-line, as defined in section 65 of the Pipe-lines Act 1962 ^M8 (meaning of pipe-line), which contains or is intended to contain a hazardous substance, as defined in regulation 2(1) of the Notification Regulations (interpretation), except—

  (a)

  a pipe-line the construction of which has been authorised under section 1 of the Pipe-lines Act 1962 (cross-country pipe-lines not to be constructed without the Minister’s authority); or

  (b)

  a pipe-line which contains or is intended to contain no hazardous substance other than—

  (i)

  a flammable gas (as specified in item 1 of Part II of Schedule 1 to the Notification Regulations (classes of hazardous substances not specifically named in Part I)) at a pressure of less than 8 bars absolute; or

  (ii)

  a liquid or mixture of liquids, as specified in item 4 of Part II of that Schedule;

• “ Notification Regulations " means the Notification of Installations Handling Hazardous Substances Regulations 1982 ^M9 ;

• [^F8 “ operational Crown building ” means a building which is operational Crown land;

• “ operational Crown land ” means–

  (a)

  Crown land which is used for operational purposes; and

  (b)

  Crown land which is held for those purposes,

  but does not include–

  (i)

  land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or held, for operational purposes;

  (ii)

  Crown land–

  (aa)

  belonging to Her Majesty in right of the Crown and forming part of the Crown Estate;

  (bb)

  in which there is an interest belonging to Her Majesty in right of Her private estates;

  (cc)

  in which there is an interest belonging to Her Majesty in right of the Duchy of Lancaster; or

  (dd)

  belonging to the Duchy of Cornwall;

• “ operational purposes ” means the purposes of carrying on the functions of the Crown or of either House of Parliament; ^F8]

• [^F9 “ original ” means–

  (a)

  in relation to a building, other than a building which is Crown land, existing on 1st July 1948, as existing on that date and, in relation to a building, other than a building which is Crown land, built on or after 1st July 1948, as so built;

  (b)

  in relation to a building which is Crown land on 7th June 2006, as existing on that date and, in relation to a building built on or after 7th June 2006 which is Crown land on the date of its completion, as so built;^F9]

• “ plant " includes any structure or erection in the nature of plant;

• “ private way " means a highway not maintainable at the public expense and any other way other than a highway;

• “ proposed highway " has the same meaning as in section 329 of the Highways Act 1980 (further provision as to interpretation) ;

• “ public service vehicle " means a public service vehicle within the meaning of section 1 of the Public Passenger Vehicles Act 1981 ^M10 (definition of public service vehicles) or a tramcar or trolley vehicle within the meaning of section 192(1) of the Road Traffic Act 1988 ^M11 (general interpretation);

• “ satellite antenna " means apparatus designed for transmitting microwave radio energy to satellites or receiving it from them, and includes any mountings or brackets attached to such apparatus;

• [^F10 “ scheduled monument ” has the meaning given by section 3(7) of the Historic Environment (Wales) Act 2023 ; ^F10]

• “ by site display " means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;

• ^F11 ...

• “ site of special scientific interest " means land to which section 28(1) of the Wildlife and Countryside Act 1981 ^M12 (areas of special scientific interest) applies;

• [^F12 “ solar PV ” means solar photovoltaics; ^F12]

• “ statutory undertaker " includes, in addition to any person mentioned in section 262(1) of the Act (meaning of statutory undertakers), [^F13 a universal service provider (within the meaning of [^F14 Part 3 of the Postal Services Act 2011 ^F14] ) in connection with the provision of a universal postal service (within the meaning of [^F15 that Part ^F15] ) ^F13] , the Civil Aviation [^F16 Authority, the Environment Agency, the Natural Resources Body for Wales, any water ^F16] undertaker, any [^F17 public gas transporter ^F17] , and any licence holder within the meaning of section 64(1) of the Electricity Act 1989 ^M13 (interpretation etc. of Part 1);

• “ terrestrial microwave antenna " means apparatus designed for transmitting or receiving terrestrial microwave radio energy between two fixed points;

• “ trunk road " means a highway or proposed highway which is a trunk road by virtue of section 10(1) or 19 of the Highways Act 1980 ^M14 (general provisions as to trunk roads, and certain special roads and other highways to become trunk roads) or any other enactment or any instrument made under any enactment;

• “ the Use Classes Order " means the Town and Country Planning (Use Classes) Order 1987 ^M15[^F18 ; and ^F18]

• [^F19 “ World Heritage Site ” means a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage. ^F19]

(3) Unless the context otherwise requires, any reference in this Order to the height of a building or of plant or machinery shall be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph “ground level" means the level of the surface of the ground immediately adjacent to the building or plant or machinery in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.

^F20(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The land referred to elsewhere in this Order as article 1(5) land is the land described in Part 2 of Schedule 1 to this Order (National Parks, areas of outstanding natural beauty and conservation areas etc.).

(6) The land referred to elsewhere in this Order as article 1(6) land is the land described in Part 3 of Schedule 1 to this Order (National Parks and adjoining land and the Broads).

[^F21 (7) Paragraphs (8) to (12) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in this Order or in any Schedule to this Order to give or send any statement, notice or other document to any other person (“the recipient”).

(8) The requirement shall be taken to be fulfilled where the notice or other document transmitted by means of the electronic communication is—

(a)capable of being accessed by the recipient,

(b)legible in all material respects, and

(c)sufficiently permanent to be used for subsequent reference.

(9) In paragraph (8), “legible in all material respects” means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

(10) Where the electronic communication is received by the recipient outside the recipient’s business hours, it shall be taken to have been received on the next working day; and for this purpose “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

(11) A requirement in this Order or in any Schedule to this Order that any document should be in writing is fulfilled where that document meets the criteria in paragraph (8), and “written” and cognate expressions are to be construed accordingly.

(12) References in this Order or in any Schedule to this Order to plans, drawings, notices or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.^F21]

[^F22 (13) For the purposes of this Order, development carried out by or on behalf of any person in whom control of accommodation in any part of the Palace of Westminster or its precincts is vested shall be treated (so far as it would not otherwise be treated) as development by or on behalf of the Crown.^F22]

Application

2.—(1) This Order applies to all land in England and Wales, but where land is the subject of a special development order, whether made before or after the commencement of this Order, this Order shall apply to that land only to such extent and subject to such modifications as may be specified in the special development order.

(2) Nothing in this Order shall apply to any permission which is deemed to be granted under section 222 of the Act (planning permission not needed for advertisements complying with regulations).

Permitted development _cross-notes

3.—(1) Subject to the provisions of this Order and regulations 60 to 63 of the Conservation (Natural Habitats, & c.) Regulations 1994 ^M16 (general development orders), planning permission is hereby granted for the classes of development described as permitted development in Schedule 2.

(2) Any permission granted by paragraph (1) is subject to any relevant exception, limitation or condition specified in Schedule 2.

(3) References in the following provisions of this Order to permission granted by Schedule 2 or by any Part, Class or paragraph of that Schedule are references to the permission granted by this article in relation to development described in that Schedule or that provision of that Schedule.

(4) Nothing in this Order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part III of the Act otherwise than by this Order.

(5) The permission granted by Schedule 2 shall not apply if—

(a)in the case of permission granted in connection with an existing building, the building operations involved in the construction of that building are unlawful;

(b)in the case of permission granted in connection with an existing use, that use is unlawful.

(6) The permission granted by Schedule 2 shall not, except in relation to development permitted by Parts 9, 11, 13 or 30, authorise any development which requires or involves the formation, laying out or material widening of a means of access to an existing highway which is a trunk road or classified road, or creates an obstruction to the view of persons using any highway used by vehicular traffic, so as to be likely to cause danger to such persons.

(7) Any development falling within Part 11 of Schedule 2 authorised by an Act or order subject to the grant of any consent or approval shall not be treated for the purposes of this Order as authorised unless and until that consent or approval is obtained, except where the Act was passed or the order made after 1st July 1948 and it contains provision to the contrary.

(8) Schedule 2 does not grant permission for the laying or construction of a notifiable pipe-line, except in the case of the laying or construction of a notifiable pipe-line by a [^F23 public gas transporter^F23] in accordance with Class F of Part 17 of that Schedule.

(9) Except as provided in Part 31, Schedule 2 does not permit any development which requires or involves the demolition of a building, but in this paragraph “building" does not include part of a building.

[^F24 (10) Subject to paragraph (12), Schedule 1 development or Schedule 2 development within the meaning of [^F25 the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations [^F26 2017 ^F26,F25]] (“the EIA Regulations") is not permitted by this Order unless:

(a)the local planning authority has adopted a screening opinion under regulation 5 of those Regulations that the development is not EIA development;

(b)the Secretary of State has [^F27 , or the Welsh Ministers have,^F27] made a screening direction under [^F28 regulation 5(11)^F28] or [^F29 7(6)^F29] of those Regulations that the development is not EIA development; or

(c)the Secretary of State has [^F27 , or the Welsh Ministers have,^F27] given a direction under [^F30 regulation 5(4)^F30] of those Regulations that the development is exempted from the application of those Regulations.

(11) Where:

(a)the local planning authority has adopted a screening opinion pursuant to regulation 5 of the EIA Regulations that development is EIA development and the Secretary of State has [^F31 , or the Welsh Ministers have,^F31] in relation to that development neither made a screening direction to the contrary under [^F32 regulation 5(11)^F32] or [^F33 7(6)^F33] of those Regulations nor directed under [^F34 regulation 5(4)^F34] of those Regulations that the development is exempted from the application of those Regulations; or

(b)the Secretary of State has [^F31 , or the Welsh Ministers have,^F31] directed that development is EIA development,

that development shall be treated, for the purposes of paragraph (10), as development which is not permitted by this Order.^F24]

(12) Paragraph (10) does not apply to—

^F35(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)development which consists of the carrying out by a drainage body within the meaning of the Land Drainage Act 1991 ^M17 of improvement works within the meaning of [^F36 the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999^F36] ;

^F37(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)development for which permission is granted by Part 7, Class D of Part 8, Part 11, Class B of Part 12, Class F(a) of Part 17, Class A or Class B of Part 20 or Class B of Part 21 of Schedule 2;

(e)development for which permission is granted by Class C or Class D of Part 20, Class A of Part 21 or Class B of Part 22 of Schedule 2 where the land in, on or under which the development is to be carried out is—

(i)in the case of Class C or Class D of Part 20, on the same authorised site,

(ii)in the case of Class A of Part 21, on the same premises or, as the case may be, the same ancillary mining land,

(iii)in the case of Class B of Part 22, on the same land or, as the case may be, on land adjoining that land,

as that in, on or under which development of any description permitted by the same Class has been carried out before [^F38 14th March 1999^F38] ;

(f)the completion of any development begun before [^F39 14th March 1999^F39] ;

[^F40 (g)development for which permission is granted by Class B of Part 13.^F40]

[^F41 (13) Where a person uses electronic communications for making any application required to be made under any of Parts 6, 7, 22, 23, 24, 30 or 31 of Schedule 2, that person shall be taken to have agreed—

(a)to the use of electronic communications for all purposes relating to his application which are capable of being effected using such communications;

(b)that his address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, his application; and

(c)that his deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement (and such revocation shall be final and shall take effect on a date specified by him but not less than seven days after the date on which the notice is given).^F41]

Directions restricting permitted development

4.—(1) If the [^F42 Welsh Ministers^F42] or the appropriate local planning authority [^F43 are satisfied^F43] that it is expedient that development described in any Part, Class or paragraph in Schedule 2, other than Class B of Part 22 or Class B of Part 23, should not be carried out unless permission is granted for it on an application, ^F44... they may give a direction under this paragraph that the permission granted by article 3 shall not apply to—

(a)all or any development of the Part, Class or paragraph in question in an area specified in the direction; or

(b)any particular development, falling within that Part, Class or paragraph, which is specified in the direction,

and the direction shall specify that it is made under this paragraph.

^F45(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A direction under paragraph (1) ^F46... shall not affect the carrying out of—

(a)development permitted by Part 11 authorised by an Act passed after 1st July 1948 or by an order requiring the approval of both Houses of Parliament approved after that date;

[^F47 (aa)development permitted by Class B of Part 13;

[^F48 (aaa)development permitted by Part 24 which consists of the installation, alteration or replacement of a Regulation 2020/1070 small cell system;^F48]

(ab)development permitted by Part 37 or Part 38;^F47]

(b)any development in an emergency [^F49 other than development permitted by Part 37^F49] ; or

(c)any development mentioned in Part 24, unless the direction specifically so provides [^F50 but this is subject to paragraph (3A)^F50] .

[^F51 (3A) A direction under paragraph (1) ^F52... may not affect the carrying out of development consisting of the installation, alteration or replacement of a Regulation 2020/1070 small cell system.^F51]

(4) A direction given or having effect as if given under this article shall not, unless the direction so provides, affect the carrying out by a statutory undertaker of the following descriptions of development—

(a)the maintenance of bridges, buildings and railway stations;

(b)the alteration and maintenance of railway track, and the provision and maintenance of track equipment, including signal boxes, signalling apparatus and other appliances and works required in connection with the movement of traffic by rail;

(c)the maintenance of docks, harbours, quays, wharves, canals and towing paths;

(d)the provision and maintenance of mechanical apparatus or appliances (including signalling equipment) required for the purposes of shipping or in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, quay, harbour, bank, wharf or basin;

(e)any development required in connection with the improvement, maintenance or repair of watercourses or drainage works;

(f)the maintenance of buildings, runways, taxiways or aprons at an aerodrome;

(g)the provision, alteration and maintenance of equipment, apparatus and works at an aerodrome, required in connection with the movement of traffic by air (other than buildings, the construction, erection, reconstruction or alteration of which is permitted by Class A of Part 18 of Schedule 2).

^F53(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F54 (5A) The procedures which must be followed in making, varying or withdrawing any direction made under paragraph (1), are set out in Schedule 2A.^F54]

(6) In this article and in [^F55 Schedule 2A^F55] —

• “appropriate local planning authority" means—

  (a)

  in relation to a conservation area in a non-metropolitan county [^F56 in England^F56] , the county planning authority or the district planning authority; and

  (b)

  in relation to any other area, the local planning authority whose function it would be to determine an application for planning permission for the development to which the direction relates or is proposed to relate;

• [^F57 “Regulation 2020/1070 small cell system” has the same meaning as in Part 24 of Schedule 2; ^F57]

• ^F58 ...

Procedure for article 4(1) directions

^F595. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions with immediate effect

^F606. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions restricting permitted development under Class B of Part 22 or Class B of Part 23

7.—(1) If, on receipt of a notification from any person that he proposes to carry out development within Class B of Part 22 or Class B of Part 23 of Schedule 2, a mineral planning authority are satisfied as mentioned in paragraph (2) below, they may, within a period of 21 days beginning with the receipt of the notification, direct that the permission granted by article 3 of this Order shall not apply to the development, or to such part of the development as is specified in the direction.

(2) The mineral planning authority may make a direction under this article if they are satisfied that it is expedient that the development, or any part of it, should not be carried out unless permission for it is granted on an application because—

(a)the land on which the development is to be carried out is within—

(i)a National Park,

(ii)an area of outstanding natural beauty,

^F61(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)a site of special scientific interest, or

(v)the Broads;

(b)the development, either taken by itself or taken in conjunction with other development which is already being carried out in the area or in respect of which notification has been given in pursuance of the provisions of Class B of Part 22 or Class B of Part 23, would cause serious detriment to the amenity of the area in which it is to be carried out or would adversely affect the setting of a building shown as Grade I in the list of buildings of special architectural or historic interest [^F62 maintained by the Welsh Ministers under section 76(1) of the Historic Environment (Wales) Act 2023 (duty to maintain list of buildings);^F62]

(c)the development would constitute a serious nuisance to the inhabitants of a nearby residential building, hospital or school; or

(d)the development would endanger aircraft using a nearby aerodrome.

(3) A direction made under this article shall contain a statement as to the day on which (if it is not disallowed under paragraph (5) below) it will come into force, which shall be 29 days from the date on which notice of it is sent to the Secretary of State in accordance with paragraph (4) below.

(4) As soon as is reasonably practicable a copy of a direction under this article shall be sent by the mineral planning authority to the Secretary of State and to the person who gave notice of the proposal to carry out development.

(5) The Secretary of State may, at any time within a period of 28 days beginning with the date on which the direction is made, disallow the direction; and immediately upon receipt of notice in writing from the Secretary of State that he has disallowed the direction, the mineral planning authority shall give notice in writing to the person who gave notice of the proposal that he is authorised to proceed with the development.

Directions

8. Any power conferred by this Order to give a direction includes power to cancel or vary the direction by a subsequent direction.

Revocations

9. The statutory instruments specified in column 1 of Schedule 3 are hereby revoked to the extent specified in column 3.

Article 1

SCHEDULE 1

^F63PART 1 ARTICLE 1(4) LAND

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 ARTICLE 1(5) LAND

Land within—

(a)a National Park;

(b)an area of outstanding natural beauty;

(c)an area designated as a conservation area under [^F64 section 158 of the Historic Environment (Wales) Act 2023^F64] (designation of conservation areas);

(d)an area specified by the Secretary of State and the Minister of Agriculture, Fisheries and Food for the purposes of section 41(3) of the Wildlife and Countryside Act 1981 ^M18 (enhancement and protection of the natural beauty and amenity of the countryside);

(e)the Broads.

PART 3 ARTICLE 1(6) LAND

Land within a National Park or within the following areas—

(a)In England, the Broads or land outside the boundaries of a National Park, which is within the parishes listed below—

• in the district of Allerdale—

  Blindcrake, Bothel and Threapland, Bridekirk, Brigham, Broughton, Broughton Moor, Camerton, Crosscanonby, Dean, Dearham, Gilcrux, Great Clifton, Greysouthen, Little Clifton, Loweswater, Oughterside and Allerby, Papcastle, Plumbland, Seaton, Winscales;

• in the borough of Copeland—

  Arlecdon and Frizington, Cleator Moor, Distington, Drigg and Carleton, Egremont, Gosforth, Haile, Irton with Santon, Lamplugh, Lowca, Lowside Quarter, Millom, Millom Without, Moresby, Parton, Ponsonby, St Bees, St Bridget’s Beckermet, St John’s Beckermet, Seascale, Weddicar;

• in the district of Eden—

  Ainstable, Asby, Bandleyside, Bolton, Brough, Brough Sowerby, Brougham, Castle Sowerby, Catterlen, Clifton, Cliburn, Crackenthorpe, Crosby Garrett, Crosby Ravensworth, Culgaith, Dacre, Dufton, Glassonby, Great Salkeld, Great Strickland, Greystoke, Hartley, Hesket, Hillbeck, Hunsonby, Hutton, Kaber, Kings Meaburn, Kirkby Stephen, Kirby Thore, Kirkoswald, Langwathby, Lazonby, Little Strickland, Long Marton, Lowther, Mallerstang, Milburn, Morland, Mungrisdale, Murton, Musgrave, Nateby, Newbiggin, Newby, Orton, Ousby, Ravenstonedale, Shap, Skelton, Sleagill, Sockbridge and Tirril, Soulby, Stainmore, Tebay, Temple Sowerby, Thrimby, Waitby, Warcop, Wharton, Winton, Yanwath and Eamont Bridge;

• in the borough of High Peak—

  Chapel-en-le-Frith, Charlesworth, Chinley Buxworth and Brownside, Chisworth, Green Fairfield, Hartington Upper Quarter, Hayfield, King Sterndale, Tintwistle, Wormhill;

• in the district of South Lakeland—

  Aldingham, Angerton, Arnside, Barbon, Beetham, Blawith and Subberthwaite, Broughton West, Burton, Casterton, Docker, Egton-with-Newland, Fawcett Forest, Firbank, Grayrigg, Helsington, Heversham, Hincaster, Holme, Hutton Roof, Killington, Kirkby Ireleth, Kirkby Lonsdale, Lambrigg, Levens, Lower Allithwaite, Lower Holker, Lowick, Lupton, Mansergh, Mansriggs, Middleton, Milnthorpe, Natland, New Hutton, Old Hutton and Holmescales, Osmotherley, Pennington, Preston Patrick, Preston Richard, Scalthwaiterigg, Sedgwick, Skelsmergh, Stainton, Strickland Ketel, Strickland Roger, Urswick, Whinfell, Whitwell and Selside;

• in the district of West Derbyshire—

  Aldwark, Birchover, Stanton; and

  (b)

  [^F65 In Wales, land outside the boundaries of a National Park which is—

(i)within the communities listed below—

• in the county borough of Aberconwy and Colwyn—

  • Caerhun, Dolgarrog;

• in the county of Caernarfonshire and Merionethshire—

  • Arthog, Betws Garmon, Bontnewydd, Corris, Llanberis, Llanddeiniolen, Llandwrog, Llanfrothen, Llanllyfni, Llanwnda, Penrhyndeudraeth, Waunfawr; or

(ii)within the specified parts of the communities listed below—

• in the county borough of Aberconwy and Colwyn—

  • those parts of the following communities which were on 31st March 1974 within the former rural district of Nant Conway—

  • Conwy, Henryd, Llanddoged and Maenan, and Llanrwst;

  • that part of the community of Llangwm which was on 31st March 1974 within the former rural district of Penllyn;

• in the county of Caernarfonshire and Merionethshire:

  • those parts of the following communities which were on 31st March 1974 within the former rural district of Gwyrfai—

  • Caernarfon, Clynnog, Dolbenmaen, Llandygai, Llanaelhaearn, Llanrug, Pentir, Y Felinheli;

  • that part of the community of Talsarnau which was on 31st March 1974 within the former rural district of Deudraeth;

  • that part of the community of Barmouth which was on 31st March 1974 within the former rural district of Dolgellau;

  • that part of the community of Llandderfel which was on 31st March 1974 within the former rural district of Penllyn;

• in the county of Denbighshire, that part of the community of Llandrillo which was on 31st March 1974 within the former rural district of Penllyn.^F65]

^F1 PART 4

^F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 3

SCHEDULE 2

[^F66PART 1 DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

Class A

Permitted development

A. The enlargement, improvement or other alteration of a dwellinghouse.

Development not permitted

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

(a)as a result of the works, the total area of ground covered by buildings within the curtilage of the dwellinghouse (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

(b)the height of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the highest part of the roof of the existing dwellinghouse;

(c)the height of the eaves of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the eaves of the existing dwellinghouse;

(d)the enlarged part of the dwellinghouse would be within 2 metres of the boundary of the curtilage of the dwellinghouse and—

(i)the height of the eaves of any part of the enlarged part which is within 2 metres of the boundary of the curtilage of the dwellinghouse would exceed 3 metres; or

(ii)the height of any part of the enlarged part which is within 2 metres of the boundary of the curtilage of the dwellinghouse would exceed 4 metres;

(e)the enlarged part of the dwellinghouse would extend beyond a wall comprised in the principal elevation of the original dwellinghouse;

(f)the enlarged part of the dwellinghouse would extend beyond a wall comprised in a side elevation of the existing dwellinghouse, and would be nearer to the highway than—

(i)the wall comprised in that side elevation which is nearest to the highway; or

(ii)any point 5 metres from the highway;

whichever is the nearer to the highway;

(g)the enlarged part of the dwellinghouse would extend beyond a wall comprised in a side elevation of the original dwellinghouse, would have a single storey and—

(i)the enlarged part of the dwellinghouse would exceed 4 metres in height; or

(ii)the width of the widest part of the resulting dwellinghouse would exceed the width of the widest part of the original dwellinghouse by more than 50%;

(h)the enlarged part of the dwellinghouse would extend beyond a wall comprised in a side elevation of the original dwellinghouse, would have more than one storey, either in its own right or if considered together with any part of the existing dwellinghouse, and—

(i)the enlarged part of the dwellinghouse would be within 10.5 metres of any boundary which is—

(aa)a boundary of the curtilage of the dwellinghouse; and

(bb)opposite the relevant side elevation;

(ii)the enlarged part of the dwellinghouse would be set back, by less than 1 metre, from the point nearest to that part in any wall comprised in the principal elevation of the original dwellinghouse; or

(iii)the width of the widest part of the resulting dwellinghouse would exceed the width of the widest part of the original dwellinghouse by more than 50%;

(i)the enlarged part of the dwellinghouse would extend beyond the rear wall of the original dwellinghouse, would have a single storey and would —

(i)extend beyond the relevant part or, as the case may be, any of the relevant parts of the rear wall of the original dwellinghouse by more than 4 metres; or

(ii)exceed 4 metres in height;

(j)the enlarged part of the dwellinghouse would extend beyond the rear wall of the original dwellinghouse, would have more than one storey, either in its own right or if considered together with any part of the existing dwellinghouse, and—

(i)the ground floor storey would extend beyond the relevant part or, as the case may be, any of the relevant parts of the rear wall of the original dwellinghouse by more than 4 metres;

(ii)the first floor or higher storey would extend beyond the relevant part or, as the case may be, any of the relevant parts of the rear wall of the original dwellinghouse by more than 3 metres; or

(iii)the first floor or higher storey would be within 10.5 metres of any boundary which is—

(aa)a boundary of the curtilage of the dwellinghouse; and

(bb)opposite the rear wall of the dwellinghouse;

(k)it would consist of or include external wall insulation which projects from that part of the exterior of the dwellinghouse to which it is affixed by more than 16 centimetres; or

(l)it would consist of or include—

(i)the construction or provision of a veranda or raised platform;

(ii)the construction or provision of a balcony which—

(aa)contains a platform of any description;

(bb)projects from the part of the exterior of the dwellinghouse to which it is affixed by more than 30 centimetres;

(cc)if projected downwards in a vertical line to ground level, is within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant side elevation; or

(dd)would be affixed to a wall comprised in the principal elevation of the dwellinghouse;

(iii)the construction or provision of a roof terrace, whether or not it would incorporate associated railings, fencing or other means of enclosure;

(iv)the installation, alteration or replacement of a microwave antenna;

(v)the installation, alteration or replacement of a chimney;

(vi)the installation, alteration or replacement of an air source heat pump, solar PV or solar thermal equipment or a flue forming part of a biomass heating system or combined heat and power system;

(vii)the installation of shutters on any part of the principal elevation of the dwellinghouse; or

(viii)an alteration to any part of the roof of the dwellinghouse, being an alteration which does not fall within paragraphs A.1(l)(i) to(vii).

A.2. In the case of a dwellinghouse on article 1(5) land or within a World Heritage Site, development is not permitted by Class A if—

(a)it would consist of or include the cladding of any part of the exterior of the existing dwellinghouse with stone, artificial stone, pebble dash, render, timber, plastic, metal or tiles;

(b)it would consist of or include external wall insulation;

(c)the enlarged part of the dwellinghouse would have a single storey, would extend beyond a wall comprised in a side elevation of the original dwellinghouse and would—

(i)extend beyond the relevant part or, as the case may be, any of the relevant parts of a wall comprised in a side elevation of the original dwellinghouse by more than 3 metres; or

(ii)be set back, by less than 1 metre, from the nearest point in any wall comprised in the principal elevation of the original dwellinghouse; or

(d)the enlarged part of the dwellinghouse would have more than one storey, either in its own right or if considered together with any part of the existing dwellinghouse.

Conditions

A.3. Development is permitted by Class A subject to the following conditions—

(a)the appearance of the materials used in the walls, roof or other element of any exterior work must so far as practicable match the appearance of the materials used in the majority of the equivalent element of the existing dwellinghouse;

(b)if any element of an upper-floor window located in a wall, roof slope or other element of a side elevation of the dwellinghouse would, if projected downwards in a vertical line to ground level, be within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant wall or roof slope, then the window must be—

(i)obscure-glazed;

(ii)non-opening unless any part of the window which can be opened is, when measured at any point along the lowest edge of that part, at least 1.7 metres above the internal floor or stair of the dwellinghouse directly below that point; and

(iii)permanently maintained in compliance with paragraphs A.3(b)(i) and (ii); and

(c)where the enlarged part of the dwellinghouse has more than one storey, the roof pitch of the enlarged part must, so far as practicable, match the roof pitch of the existing dwellinghouse.

Interpretation of Class A

A.4. For the purposes of paragraph A.1(b)—

(a)in determining the height of the highest part of the roof of the existing dwellinghouse, no account is to be taken of any relevant structure projecting from that roof;

(b)in the determination of the height of the highest part of the dwellinghouse enlarged, improved or altered, account is to be taken of any relevant structure comprised in that part; and

(c) “relevant structure” means any parapet wall, firewall, chimney or other roof furniture or similar structure.

A.5. In determining the height of the eaves for the purposes of paragraphs A.1(c) and A.1(d)—

(a)the determination is to be made by reference to the point where the external walls of the dwellinghouse would, if projected upwards, meet the lowest point of the upper surface of the roof; but

(b)no account is to be taken of any parapet wall or any part of the roof slope which overhangs the external walls of the dwellinghouse; and

(c)where the existing dwellinghouse has eaves at differing heights, a determination for the purposes of paragraph A.1(c) is to be made by reference to the eaves of the part of the existing dwellinghouse from which the enlarged, improved or altered part of the dwellinghouse extends.

A.6. For the purposes of paragraphs A.1(e) and A.1(f), the enlarged part of the dwellinghouse is to be determined to extend beyond a wall referred to in those paragraphs if it would be in front of —

(a)In the case of a wall referred to in paragraph A.1(e)—

(i)that wall in its original form; or

(ii)that wall as it would exist if its original form were to have been extended, continuing the line of the wall, from each of its side edges to the boundary of the present curtilage of the dwellinghouse; or

(b)In the case of a wall referred to in paragraph A.1(f)—

(i)that wall as it exists; or

(ii)that wall as it would exist if it were to be extended, continuing the line of the wall, from each of its side edges to the boundary of the curtilage of the dwellinghouse.

A.7. In determining the height of the enlarged part of the dwellinghouse for the purposes of paragraph A.1(g)(i) or A.1(i)(ii), account is to be taken of any parapet wall, firewall, chimney or other roof furniture or similar structure comprised in that part.

A.8. For the purposes of paragraph A.1(g)(ii) or A.1 (h)(iii) “resulting dwellinghouse” means the dwellinghouse as enlarged, improved or altered, taking into account any enlargement, improvement or alteration to the original dwellinghouse, whether permitted by this Part or not.

Class B

Permitted development

B. The enlargement of a dwellinghouse consisting of an addition or alteration to its roof.

Development not permitted

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

(a)any part of the dwellinghouse would, as a result of the works, exceed the height of the highest part of the existing roof;

(b)any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse;

(c)any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope which—

(i)is comprised in a side elevation of the existing dwellinghouse; and

(ii)is within 10.5 metres from a highway opposite the side elevation of the dwellinghouse;

(d)the cubic content of the resulting roof space would exceed the cubic content of the original roof space by more than—

(i)40 cubic metres in the case of a terrace house; or

(ii)50 cubic metres in any other case;

(e)other than in the case of a hip to gable enlargement, any part of the enlargement would be less than 20 centimetres from the eaves of the existing roof;

(f)it would consist of or include—

(i)the construction or provision of a veranda or raised platform ;

(ii)the construction or provision of a balcony which—

(aa)contains a platform of any description;

(bb)projects from the part of the exterior of the dwellinghouse to which it is affixed by more than 30 centimetres; or

(cc)if projected downwards in a vertical line to ground level, is within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant side elevation; or

(iii)the construction or provision of a roof terrace, whether or not it would incorporate associated railings, fencing or other means of enclosure; or

(g)the dwellinghouse is on article 1(5) land or within a World Heritage Site.

Conditions

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

(a)the appearance of the materials used in each element of any exterior work must so far as practicable match the appearance of the materials used in the equivalent element of the existing dwellinghouse; and

(b)if any element of a window inserted on a roof slope or other element of a side elevation of the dwellinghouse would, if projected downwards in a vertical line to ground level, be within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant side elevation, then the window must be—

(i)obscure-glazed;

(ii)non-opening unless any part of the window which can be opened is, when measured at any point along the lowest edge of that part, at least 1.7 metres above the internal floor or stair of the dwellinghouse directly below that point; and

(iii)permanently maintained in compliance with the requirements of paragraphs B.2 (b) (i) and (ii).

Interpretation of Class B

B.3. For the purposes of Class B “resulting roof space” means the roof space as enlarged, taking into account any enlargement to the original roof space, whether permitted by this Class or not.

B.4. In determining the height of the highest part of the existing roof for the purposes of paragraph B.1(a), no account is to be taken of any parapet wall, firewall, chimney or other roof furniture or similar structure projecting from that roof.

B.5. For the purposes of paragraph B.1(b), a hip to gable extension which would result in the enlargement of the area of an existing roof slope forming the principal elevation of the dwellinghouse is not to be taken to be development extending beyond the plane of that roof slope.

B.6. For the purposes of paragraph B.1(e)—

(a)measurement to the eaves is to be made to the point where the external walls of the dwellinghouse would, if projected upwards, meet the lowest point of the upper surface of the roof; but

(b)no account is to be taken of any parapet wall or any part of the roof surface which overhangs the external walls of the dwellinghouse.

Class C

Permitted development

C. Any other alteration to the roof of a dwellinghouse.

Development not permitted

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

(a)the alteration would protrude more than 15 centimetres beyond the plane of the slope of the original roof when measured from the perpendicular with the external surface of the original roof;

(b)it would result in the highest part of the alteration being higher than the highest part of the original roof;

(c)it would consist of or include—

(i)the installation, alteration or replacement of a chimney;

(ii)the installation, alteration or replacement of a microwave antenna;

(iii)the installation, alteration or replacement of an air source heat pump, solar PV, solar thermal equipment or a flue forming part of a biomass heating system or combined heat and power system;

(iv)the construction or provision of a veranda or raised platform;

(v)the construction or provision of a balcony which—

(aa)contains a platform of any description;

(bb)projects from the part of the exterior of the dwellinghouse to which it is affixed by more than 30 centimetres; or

(cc)if projected downwards in a vertical line to ground level, is within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant side elevation;

(vi)the construction or provision of a roof terrace, whether or not it would incorporate associated railings, fencing or other means of enclosure;

(vii)the removal of a chimney from a dwellinghouse on article 1(5) land or within a World Heritage Site; or

(d)the alteration would consist of or include the insertion of a roof light into a roof slope and the dwellinghouse is on article 1(5) land or within a World Heritage Site.

Conditions

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

(a)the appearance of the materials used in each element of any exterior work must so far as practicable match the appearance of the materials used in the equivalent element of the existing dwellinghouse; and

(b)if any element of a window inserted on a roof slope or other element of a side elevation of the dwellinghouse would, if projected downwards in a vertical line to ground level, be within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant side elevation, the window must be—

(i)obscure-glazed;

(ii)non-opening unless any part of the window which can be opened is, when measured at any point along the lowest edge of that part, at least 1.7 metres above the internal floor or stair of the dwellinghouse directly below that point; and

(iii)permanently maintained in compliance with paragraphs C.2(b)(i) and (ii).

Interpretation of Class C

C.3. For the purposes of paragraph C.1(b)—

(a)in the determination of the height of the highest part of the original roof, no account is to be taken of any relevant structure projecting from that roof;

(b)in the determination of the height of the highest part of the alteration, account is to be taken of any relevant structure comprised in the alteration; and

(c) “relevant structure” means any parapet wall, firewall, chimney or other roof furniture or similar structure.

Class D

Permitted development

D. The erection or construction of a porch outside any external door of a dwellinghouse.

Development not permitted

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

(a)the ground area (measured externally) of the structure would exceed 3 square metres;

(b)any part of the structure would be more than 3 metres above ground level; or

(c)any part of the structure would be within 2 metres of any boundary between the curtilage of the dwellinghouse and a highway.

Class E

Permitted development

E. The provision within the curtilage of the dwellinghouse of—

(a)any building or enclosure, raised platform, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building, enclosure, platform or pool; or

(b)a container used for domestic heating purposes for the storage of oil or liquid petroleum gas.

Development not permitted

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

(a)the total area of ground covered by buildings, enclosures, raised platforms, pools and containers within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

(b)any part of the building, enclosure, raised platform, pool or container would extend beyond a wall comprised in the principal elevation of the original dwellinghouse;

(c)any part of the building, enclosure, raised platform, pool or container would extend beyond a wall comprised in a side elevation of the existing dwellinghouse, and would be nearer to the highway than—

(i)the wall comprised in that side elevation which is nearest to the highway; or

(ii)any point 5 metres from the highway;

whichever is the nearer to the highway;

(d)the building would have more than one storey;

(e)the height of any part of the building, enclosure or container, measured from the surface of the ground immediately adjacent to that part, would exceed—

(i)4 metres in the case of a building having a roof with more than one pitch;

(ii)3 metres in any other case;

(f)any part of the building, enclosure or container would be—

(i)within 2 metres of the boundary of the curtilage of the dwellinghouse; and

(ii)exceed 2.5 metres in height above the surface of the ground immediately adjacent to it;

(g)the height of the eaves of the building, measured at any point along their length, would exceed 2.5 metres;

(h)any part of the building, enclosure, pool or container would —

(i)be situated within 2 metres of the dwellinghouse; and

(ii)exceed 1.5 metres in height above the surface of the ground immediately adjacent to it;

(i)the building, enclosure, pool or container would be situated within the curtilage of a listed building;

(j)it would include the construction or provision of a veranda, balcony or raised platform of which any part is more than 30 centimetres above the surface of the ground directly below it;

(k)it would include the enlargement, improvement or other alteration of any part of a dwellinghouse;

(l)it would include the installation, alteration or replacement of a microwave antenna; or

(m)the capacity of the container would exceed 3,500 litres.

E.2. In the case of any land within the curtilage of the dwellinghouse which is on article 1(5) land or within a World Heritage Site, development is not permitted by Class E if—

(a)the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres;

(b)any part of the building, enclosure, pool or container would be situated on land between a wall comprised in a side elevation of the existing dwellinghouse and the section of the boundary of the curtilage of the dwellinghouse which faces that wall.

Interpretation of Class E

E.3. For the purposes of Class E, “purpose incidental to the enjoyment of the dwellinghouse as such” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.

E.4. For the purposes of paragraphs E.1(b) and E.1(c), a part of a building, enclosure, pool or container is to be determined to extend beyond a wall referred to in those paragraphs if it would be in front of—

(a)in the case of a wall referred to in paragraph E.1(b)—

(i)that wall in its original form; or

(ii)that wall as it would exist if its original form were to have been extended, continuing the line of the wall, from each of its side edges to the boundary of the present curtilage of the dwellinghouse; or

(b)in the case of a wall referred to in paragraph E.1 (c)—

(i)that wall as it exists; or

(ii)that wall as it would exist if it were to be extended, continuing the line of the wall, from each of its side edges to the boundary of the curtilage of the dwellinghouse.

E.5. In determining the height of the eaves for the purposes of paragraph E.1(g)—

(a)the determination is to be made by reference to the point where the external walls or other structure supporting the roof meet, or would meet if projected upwards, the lowest point of the upper surface of the roof; but

(b)no account is to be taken of any parapet wall or any part of the roof slope which overhangs the external walls or other structure supporting the roof.

Class F

Permitted development

F. Development consisting of—

(a)the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such; or

(b)the replacement in whole or in part of such a surface.

Development not permitted

F.1. Development is not permitted by Class F within the curtilage of a listed building.

Conditions

F.2. Development is permitted by Class F subject to the condition that where:

(a)the area of ground to be covered by the hard surface is situated forward of the principal elevation of the dwellinghouse and between the principal elevation and a highway, or

(b)the area of hard surface to be replaced would be forward of the principal elevation of the dwellinghouse and between the principal elevation and a highway, and (taking into account any area of hard surface previously replaced) would exceed 5 square metres,

the hard surface must be —

(i)porous or permeable; or

(ii)provided to direct run-off water from the hard surface to a porous or permeable area or surface within the curtilage of the dwellinghouse; and

(iii)permanently maintained so that it continues to comply with the requirements of paragraph (i) and (ii).

Interpretation of Class F

F.3. For the purposes of F.2—

“previously replaced” means replaced without compliance with that condition within the 6 month period prior to undertaking the development in question; and

the “principal elevation” is (i) the wall of the principal elevation in its original form; or (ii) that wall as it would exist if its original form were to have been extended, continuing the line of the wall, from each of its side edges to the boundary of the present curtilage of the dwellinghouse.

Class G

Permitted development

G. The installation, alteration or replacement of a chimney on a dwellinghouse.

Development not permitted

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

(a)the height of the chimney would exceed the highest part of the roof by 1 metre or more; or

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

Interpretation of Class G

G.2. In determining the height of the highest part of the roof for the purposes of paragraph G.1(a), no account is to be taken of any parapet wall, firewall, chimney or other roof furniture or similar structure projecting from the roof.

Class H

Permitted development

H. The installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a dwellinghouse.

Development not permitted

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

(a)it would result in the presence on the dwellinghouse or within its curtilage of—

(i)more than two antennas;

(ii)a single antenna exceeding one metre in length;

(iii)two antennas which do not meet the relevant size criteria;

(iv)an antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres;

(v)an antenna installed on a chimney, where the antenna would protrude above the chimney; or

(vi)an antenna with a cubic capacity in excess of 35 litres;

(b)in the case of an antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof;

(c)in the case of an antenna to be installed on a roof with a chimney, the highest part of the antenna would be higher than the highest part of the chimney, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lower; or

(d)in the case of article 1(5) land or a World Heritage Site, it would consist of the installation of an antenna—

(i)on a chimney, wall or roof slope which fronts, and is visible from, a highway; or

(ii)on a building which exceeds 15 metres in height.

Conditions

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

(a)an antenna installed on a building must, so far as practicable, be sited so as to minimise its effect on the external appearance of the building; and

(b)an antenna no longer needed for reception or transmission purposes must be removed as soon as reasonably practicable.

Interpretation of Class H

H.3. For the purposes of paragraph H.1(a), the length of an antenna is to be measured in any linear direction, and any projecting feed element, reinforcing rim, mounting or bracket is to be excluded.

H.4. The maximum number of antennas for the purpose of paragraph H.1(a) includes any [^F67 small cell system^F67] permitted under Class A of Part 24 [^F68 , but excludes Regulation 2020/1070 small cell systems to the extent that they are permitted by paragraph A.1(q) of Part 24^F68] .

H.5. The relevant size criteria for the purposes of paragraph H.1(a)(iii) are that—

(a)only one of the antennas may exceed 60 centimetres in length; and

(b)any antenna which exceeds 60 centimetres in length must not exceed one metre in length.

H.6. For the purposes of paragraph H.1(d)(i), an antenna is to be treated as visible from a highway if it would be so visible save for intervening trees or other vegetation.

Interpretation of Part 1

I.1. For the purposes of Part 1—

“raised” in relation to a platform means a platform with a height greater than 30 centimetres; and

“terrace house” means a dwellinghouse situated in a row of three or more dwellinghouses used or designed for use as single dwellings, where—

I.2. In the determination of the principal and other elevations of a dwellinghouse for the purposes of Part 1—

(a)an elevation may comprise more than one wall;

(b)a principal elevation must be determined in relation to the dwellinghouse;

(c)the principal elevation—

(i)is the elevation of the dwellinghouse which is the first in importance, taking into account the design and architectural features of the dwellinghouse; and

(ii)is not to comprise more than one elevation of the dwellinghouse;

(d)the elevation of the dwellinghouse which is determined to be the principal elevation—

(i)is to be deemed also to be the front elevation of the dwellinghouse; and

(ii)the side and rear elevations of the dwellinghouse are to be determined accordingly.^F66]

PART 2 MINOR OPERATIONS

Class A

Permitted development

A. The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

Development not permitted

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

(a)the height of any gate, fence, wall or means of enclosure erected or constructed adjacent to a highway used by vehicular traffic would, after the carrying out of the development, exceed one metre above ground level;

(b)the height of any other gate, fence, wall or means of enclosure erected or constructed would exceed two metres above ground level;

(c)the height of any gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in sub-paragraph (a) or (b) as the height appropriate to it if erected or constructed, whichever is the greater; or

(d)it would involve development within the curtilage of, or to a gate, fence, wall or other means of enclosure surrounding, a listed building.

Interpretation of Class A

^F1A.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class B

Permitted development

B. The formation, laying out and construction of a means of access to a highway which is not a trunk road or a classified road, where that access is required in connection with development permitted by any Class in this Schedule (other than by Class A of this Part).

Class C

Permitted development

C. The painting of the exterior of any building or work.

Development not permitted

C.1 Development is not permitted by Class C where the painting is for the purpose of advertisement, announcement or direction.

Interpretation of Class C

C.2 In Class C, “painting" includes any application of colour.

[^F69Class D

Permitted development

D. The installation, alteration or replacement within an area lawfully used for off-street parking, of an electrical outlet mounted on a wall for recharging electric vehicles.

Development not permitted

D.1. Development is not permitted by Class D if the outlet and its casing would—

(a)exceed 0.2 cubic metres;

(b)face onto and be within two metres of a highway; or

(c)be within a site designated as a scheduled monument.

Class E

Permitted development

E. E. The installation, alteration or replacement within an area lawfully used for off-street parking, of an upstand with an electrical outlet mounted on it for recharging electric vehicles.

Development not permitted

E.1. E.1 Development is not permitted by Class E if the upstand and the outlet would—

(a)exceed 1.6 metres in height from the level of the surface used for the parking of vehicles;

(b)be within two metres of a highway;

(c)be within a site designated as a scheduled monument; or

(d)result in more than one upstand being provided for each parking space.^F69]

PART 3 CHANGES OF USE

Class A

Permitted development

A. Development consisting of a change of the use of a building to a use falling within Class A1 (shops) of the Schedule to the Use Classes Order from a use falling within Class A3 (food and drink) of that Schedule or from a use for the sale, or display for sale, of motor vehicles.

Development not permitted

^F1A.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions

^F1A.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class A

^F1A.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1Class AA

Permitted development

^F1AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted

^F1AA.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions

^F1AA.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class AA

^F1AA.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class B

Permitted development

B. Development consisting of a change of the use of a building—

(a)to a use for any purpose falling within Class B1 (business) of the Schedule to the Use Classes Order from any use falling within Class B2 (general industrial) or B8 (storage and distribution) of that Schedule;

(b)to a use for any purpose falling within Class B8 (storage and distribution) of that Schedule from any use falling within Class B1 (business) or B2 (general industrial).

Development not permitted

B.1 Development is not permitted by Class B where the change is to or from a use falling within Class B8 of that Schedule, if the change of use relates to more than [^F70 500^F70] square metres of floor space in the building.

Class C

Permitted development

C. Development consisting of a change of use to a use falling within Class A2 (financial and professional services) of the Schedule to the Use Classes Order from a use falling within Class A3 (food and drink) of that Schedule.

Development not permitted

^F1C.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions

^F1C.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class C

^F1C.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1Class CA

Permitted development

^F1CA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted

^F1CA.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions

^F1CA.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class CA

^F1CA.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class D

Permitted development

D. Development consisting of a change of use of any premises with a display window at ground floor level to a use falling within Class A1 (shops) of the Schedule to the Use Classes Order from a use falling within Class A2 (financial and professional services) of that Schedule.

Class E

Permitted development

E. Development consisting of a change of the use of a building or other land from a use permitted by planning permission granted on an application, to another use which that permission would have specifically authorised when it was granted.

Development not permitted

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

(a)the application for planning permission referred to was made before the 5th December 1988;

(b)it would be carried out more than 10 years after the grant of planning permission; or

(c)it would result in the breach of any condition, limitation or specification contained in that planning permission in relation to the use in question.

Class F

Permitted development

F. Development consisting of a change of the use of a building—

(a)to a mixed use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A1 of that Schedule;

(b)to a mixed use for any purpose within Class A2 (financial and professional services) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A2 of that Schedule;

(c)where that building has a display window at ground floor level, to a mixed use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order and as a single flat, from a use for any purpose within Class A2 (financial and professional services) of that Schedule.

Conditions

F.1 Development permitted by Class F is subject to the following conditions—

(a)some or all of the parts of the building used for any purposes within Class A1 or Class A2, as the case may be, of the Schedule to the Use Classes Order shall be situated on a floor below the part of the building used as a single flat;

(b)where the development consists of a change of use of any building with a display window at ground floor level, the ground floor shall not be used in whole or in part as the single flat;

(c)the single flat shall not be used otherwise than as a dwelling (whether or not as a sole or main residence)—

(i)by a single person or by people living together as a family, or

(ii)by not more than six residents living together as a single household (including a household where care is provided for residents).

Interpretation of Class F

F.2 For the purposes of Class F—

Class G

Permitted development

G. Development consisting of a change of the use of a building—

(a)to a use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A1 of that Schedule and as a single flat;

(b)to a use for any purpose within Class A2 (financial and professional services) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A2 of that Schedule and as a single flat;

(c)where that building has a display window at ground floor level, to a use for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order from a mixed use for any purpose within Class A2 (financial and professional services) of that Schedule and as a single flat.

Development not permitted

G.1 Development is not permitted by Class G unless the part of the building used as a single flat was immediately prior to being so used used for any purpose within Class A1 or Class A2 of the Schedule to the Use Classes Order.

[^F71Class H

Permitted Development

H. Development consisting of a change of use of a building to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order from a use falling within Class C4 (houses in multiple occupation) of that Schedule.^F71]

[^F72Class I

Permitted development

I. Development consisting of a change of use of a building—

(a)from a use falling within Class C3 (dwellinghouses, used as sole or main residences) of the Schedule to the Use Classes Order —

(i)to a use falling within Class C5 (dwellinghouses, used otherwise than as sole or main residences) of that Schedule;

(ii)to a use falling within Class C6 (short-term lets) of that Schedule;

(iii)to a mixed use combining use as a dwellinghouse within Class C3 (dwellinghouses, used as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule;

(iv)to a mixed use combining use as a dwellinghouse within Class C5 (dwellinghouses, used otherwise than as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule;

(b)from a use falling within Class C5 (dwellinghouses, used otherwise than as sole or main residences) of the Schedule to the Use Classes Order —

(i)to a use falling within Class C3 (dwellinghouses, used as sole or main residences) of that Schedule;

(ii)to a use falling within Class C6 (short-term lets) of that Schedule;

(iii)to a mixed use combining use as a dwellinghouse within Class C5 (dwellinghouses, used otherwise than as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule;

(iv)to a mixed use combining use as a dwellinghouse within Class C3 (dwellinghouses, used as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule;

(c)from a use falling within Class C6 (short-term lets) of the Schedule to the Use Classes Order—

(i)to a use falling within Class C3 (dwellinghouses, used as sole or main residences) of that Schedule;

(ii)to a use falling within Class C5 (dwellinghouses, used otherwise than as sole or main residences) of that Schedule;

(iii)to a mixed use combining use as a dwellinghouse within Class C3 (dwellinghouses, used as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule;

(iv)to a mixed use combining use as a dwellinghouse within Class C5 (dwellinghouses, used otherwise than as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule;

(d)from a mixed use combining uses falling within Class C3 (dwellinghouses, used as sole or main residences) and Class C6 (short-term lets) of the Schedule to the Use Classes Order—

(i)to a use falling within Class C3 (dwellinghouses, used as sole or main residences) of that Schedule;

(ii)to a use falling within Class C5 (dwellinghouses, used otherwise than as sole or main residences) of that Schedule;

(iii)to a use falling within Class C6 (short-term lets) of that Schedule;

(iv)to a mixed use combining use as a dwellinghouse within Class C5 (dwellinghouses, used otherwise than as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule;

(e)from a mixed use combining uses falling within Class C5 (dwellinghouses, used otherwise than as sole or main residences) and Class C6 (short-term lets) of the Schedule to the Use Classes Order—

(i)to a use falling within Class C3 (dwellinghouses, used as sole or main residences) of that Schedule;

(ii)to a use falling within Class C5 (dwellinghouses, used otherwise than as sole or main residences) of that Schedule;

(iii)to a use falling within Class C6 (short-term lets) of that Schedule;

(iv)to a mixed use combining use as a dwellinghouse within Class C3 (dwellinghouses, used as sole or main residences) with a use falling within Class C6 (short-term lets) of that Schedule.

Development not permitted

I.1. Development is not permitted by Class I if it would result in the use as two or more separate dwellinghouses falling within Class C3 (dwellinghouses, used as sole or main residences), Class C5 (dwellinghouses, used otherwise than as sole or main residences) or Class C6 (short-term lets) of the Schedule to the Use Classes Order of any building previously used as a single dwellinghouse.^F72]

^F1Class IA

Permitted development

^F1IA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted

^F1IA.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions

^F1IA.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F72Class J

Permitted development

J. Development consisting of a change of use of a building—

(a)from a use as a betting office—

(i)to a use for any purpose falling within Class A1 (shops) of the Schedule to the Use Classes Order;

(ii)to a mixed use for any purpose falling within Class A1 (shops) of the Schedule to the Use Classes Order and as a single flat;

(iii)to a use for any purpose within Class A2 (financial and professional services) of the Schedule to the Use Classes Order;

(iv)to a mixed use for any purpose falling within Class A2 (financial and professional services) of the Schedule to the Use Classes Order and as a single flat;

(v)to mixed use as a betting office and as a single flat;

(b)from a mixed use as a betting office and as a single flat—

(i)to a use for any purpose falling within Class A1 (shops) of the Schedule to the Use Classes Order;

(ii)to a mixed use for any purpose falling within Class A1 (shops) of the Schedule to the Use Classes Order and as a single flat;

(iii)to a use for any purpose within Class A2 (financial and professional services) of the Schedule to the Use Classes Order;

(iv)to a mixed use for any purpose falling within Class A2 (financial and professional services) of the Schedule to the Use Classes Order and as a single flat;

(v)to a use as a betting office.

Conditions

J1. Development permitted by Class J is subject to the following conditions—

(a)some or all of the parts of the building used for any purposes within Class A1, Class A2 or as a betting office, as the case may be, of the Schedule to the Use Classes Order must be situated on a floor below the part of the building used as a single flat;

(b)where the development consists of a change of use of any building with a display window at ground floor level, the ground floor must not be used in whole or in part as the single flat;

(c)the single flat must not be used otherwise than as a dwelling (whether or not as a sole or main residence)—

(i)by a single person or by people living together as a family;

(ii)by not more than six residents living together as a single household (including a household where care is provided for residents).

Interpretation of Class J

J2. For the purposes of Class J—

“ care ” means personal care for people in need of such care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder. ^F72]

^F1Class K

Permitted Development

^F1K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted

^F1K.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions

^F1K.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1Class L

Permitted development

^F1L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1Class M

Permitted development

^F1M. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted

^F1M.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions

^F1M.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1M.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1Class MA

Permitted development

^F1MA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted

^F1MA.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions

^F1MA.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1Class MB

Permitted development

^F1MB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted

^F1MB.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions

^F1MB.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1Procedure for applications for prior approval under Part 3

^F1N. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1Interpretation of Part 3

^F1O. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F73PART 3A Temporary Building and Changes of Use for Public Health Emergency Purposes

Class A

Permitted development

A. Development for the purpose of preventing, controlling or mitigating the effects of, or taking other action in connection with a public health emergency in the United Kingdom, consisting of—

(a)a change of the use of a building or land to a use falling within Class C2 (Residential institutions) or Class D1 (Non-residential institutions) of the Schedule to the Use Classes Order,

(b)the provision on land of buildings, moveable structures, works, plant or machinery.

Development not permitted

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

(a)any part of the development is on land which is, or forms part of—

(i)a military explosive storage area;

(ii)a safety hazard area;

(iii)a site of special scientific interest; or

(b)the land or building is, or contains, a scheduled monument.

Conditions

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

(a)the development must be undertaken by or on behalf of an NHS body;

(b)if the developer is not also the local planning authority, the developer must, as soon as reasonably practicable notify the local planning authority of that development; ^F74...

[^F75 (c)on or before the expiry date—

(i)any use of that building or land for the purpose of Class A must cease;

(ii)any building, moveable structure, works, plant or machinery permitted by Class A must be removed; and

(iii)the building or land must be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer; and^F75]

[^F76 (d) in sub-paragraph (c), “the expiry date” means—

(i)for developments which begin before 10 April 2021 the date eighteen months after the date on which the development began; and

(ii)for developments which begin on or after 10 April 2021 the date twelve months after the date on which the development began.^F76]

Interpretation of Class A

A.3.—(1) For the purposes of Class A—

“military explosives storage area” means any area, including an aerodrome, depot, mooring or port, at which the storage of military explosives may be undertaken and for which the associated explosives safeguarding zone is identified on a safeguarding map, issued by the Secretary of State provided to the local planning authority for the purposes of a direction made by the Welsh Ministers in exercise of powers conferred by article 18(1) of the Procedure Order (or any previous powers to the like effect);

“NHS body” has the same meaning as in section 206 of the National Health Service (Wales) Act 2006 ;

“Procedure Order” means the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 ;

“public health emergency” means an event or situation which threatens serious damage to human welfare in a place in the United Kingdom;

“safety hazard area” means an area notified to the local planning authority—

(2) For the purposes of the definition of “public health emergency” in paragraph (1), an event or situation threatens damage to human welfare only if it involves, causes or may cause—

(a)loss of human life;

(b)human illness or injury;

(c)disruption of services relating to health.^F73]

PART 4 TEMPORARY BUILDINGS AND USES

Class A

Permitted development

A. The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land.

Development not permitted

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

(a)the operations referred to are mining operations, or

(b)planning permission is required for those operations but is not granted or deemed to be granted.

Conditions

A.2 Development is permitted by Class A subject to the conditions that, when the operations have been carried out—

(a)any building, structure, works, plant or machinery permitted by Class A shall be removed, and

(b)any adjoining land on which development permitted by Class A has been carried out shall, as soon as reasonably practicable, be reinstated to its condition before that development was carried out.

Class B

Permitted development

B. The use of any land for any purpose for not more than 28 days in total in any calendar year, of which not more than 14 days in total may be for the purposes referred to in paragraph B.2, and the provision on the land of any moveable structure for the purposes of the permitted use.

Development not permitted

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

(a)the land in question is a building or is within the curtilage of a building,

(b)the use of the land is for a caravan site,

(c)the land is, or is within, a site of special scientific interest and the use of the land is for—

(i)a purpose referred to in paragraph B.2(b) or other motor sports;

(ii)clay pigeon shooting; or

(iii)any war game,

(d)the use of the land is for the display of an advertisement.

Interpretation of Class B

B.2 The purposes mentioned in Class B above are—

(a)the holding of a market;

(b)motor car and motorcycle racing including trials of speed, and practising for these activities.

B.3 In Class B, “war game" means an enacted, mock or imaginary battle conducted with weapons which are designed not to injure (including smoke bombs, or guns or grenades which fire or spray paint or are otherwise used to mark other participants), but excludes military activities or training exercises organised by or with the authority of the Secretary of State for Defence.

^F1Class C

Permitted development

^F1C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted

^F1C.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions

^F1C.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class C

^F1C.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1Class D

Permitted development

^F1D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development not permitted

^F1D.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions

^F1D.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class D

^F1D.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1Interpretation of Part 4

^F1E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F77PART 4A TEMPORARY CHANGES OF USE

Class A Additional temporary use of land during the relevant period

Permitted Development

A. The use of any land for any purposes for not more than 28 days in total during the relevant period, of which no more than 14 days in total may be for the purposes of—

(a)the holding of a market;

(b)motor car and motorcycle racing including trials of speed, and practising for these activities,

and the provision on the land of any moveable structure for the purposes of the permitted use.

In calculating the number of days during which development is permitted, no account is to be taken of any day during which development is permitted under Class B of Part 4, or Class B of Part 4A, of this Schedule.

Development not permitted

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

(a)the land in question is a building;

(b)the land is within the curtilage of a building and there is a scheduled monument within that curtilage;

(c)the land is within a National Park and the use of the land is for a car park that is not ancillary to a temporary use under Class A of this part;

(d)the use of the land is for a caravan site;

(e)the land is, or is within, a site of special scientific interest or is within the curtilage of a listed building and the use of the land is for—

(i)motor car and motorcycle racing including trials of speed or other motor sports, and practising for these activities;

(ii)clay pigeon shooting;

(iii)any war game;

(f)the use of the land is for the display of an advertisement.

Interpretation of Class A

A.2. For the purposes of Class A—

• “the relevant period” means the period beginning on 30 April 2021 and ending on 3 January 2022;

• “war game” means an enacted, mock or imaginary battle conducted with weapons which are designed not to injure (including smoke bombs, or guns or grenades which fire or spray paint or are otherwise used to mark other participants), but excludes military activities or training exercises organised by or with the authority of the Secretary of State for Defence.

Class B Holding of a market by or on behalf of a local authority

Permitted Development

B. The use of any land for the purposes of holding a market by or on behalf of a local authority during the relevant period and the provision on the land of any moveable structure for the permitted use.

Development not permitted

B.1. Development is not permitted by Class B if the land is, or is within, a site of special scientific interest.

Interpretation of Class B

B.2. For the purposes of Class B “the relevant period” means the period beginning on 30 April 2021 and ending on 3 January 2022.

Class C Temporary uses – Class A1 buildings in town centres

Permitted Development

C. Development consisting of a change of use of a building—

(a)during the relevant period, from a use falling within Class A1 (shops) of Schedule 1 to the Use Classes Order to a use falling within the following classes of Schedule 1 to the Use Classes Order—

(i)A2 (financial and professional services);

(ii)A3 (food and drink);

(iii)B1 (business);

(iv)D1 (non-residential institutions);

(v)D2 (assembly and leisure).

(b)during or at the end of the six month period beginning with the date on which the development began, from the new use to the original use;

(c)at the end of the relevant period, from the new use to the original use.

Development not permitted

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

(a)the whole of the building does not fall within a town centre;

(b)the proposed A3 use is the sale of hot food for consumption off the premises;

(c)the proposed use is Class B1(c) of Schedule 1 to the Use Classes Order.

Conditions

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

(a)the developer must, as soon as reasonably practicable, notify the local planning authority of the development;

(b)the change of use may last no more than six months beginning with the date on which the development began;

(c)the change of use must end on or before the end of the relevant period.

Interpretation of Class C

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

Class D Temporary uses – Class A2 buildings in town centres

Permitted Development

D. Development consisting of a change of use of a building—

(a)during the relevant period, from a use falling within Class A2 (financial and professional services) of Schedule 1 to the Use Classes Order to a use falling within the following classes of Schedule 1 to the Use Classes Order—

(i)A1 (shops);

(ii)A3 (food and drink);

(iii)B1 (business);

(iv)D1 (non-residential institutions);

(v)D2 (assembly and leisure);

(b)during or at the end of the six month period beginning with the date on which the development began, from the new use the original use;

(c)at the end of the relevant period, from the new use to the original use.

Development not permitted

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

(a)the whole of the building does not fall within a town centre;

(b)the proposed use is sale of hot food for consumption off the premises;

(c)the proposed use is Class B1(c) of Schedule 1 to the Use Classes Order.

Conditions

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

(a)the developer must, as soon as reasonably practicable, notify the local planning authority of the development;

(b)the change of use may last no more than six months beginning with the date on which the development began;

(c)the change of use must end on or before the end of 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.

Class E Temporary uses – Class A3 buildings in town centres

Permitted Development

E. E. Development consisting of a change of use of a building—

(a)during the relevant period, from a use falling within Class A3 (food and drink) of Schedule 1 to the Use Classes Order to a use falling within the following classes of Schedule 1 to the Use Classes Order—

(i)A1 (shops);

(ii)A2 (financial and professional services);

(iii)B1 (business);

(iv)D1 (non-residential institutions);

(v)D2 (assembly and leisure);

(b)during or at the end of the six month period beginning with the date on which the development began, from the new use to the original use;

(c)at the end of the relevant period, from the new use to the original use.

Development not permitted

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

(a)the whole of the building does not fall within a town centre;

(b)the proposed use falls within Class B1(c) of Schedule 1 to the Use Classes Order.

Conditions

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

(a)the developer must, as soon as reasonably practicable, notify the local planning authority of the development;

(b)the change of use may last no more than six months beginning with the date on which the development began;

(c)the change of use must end on or before the end of the relevant period.

Interpretation of Class E

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

Class F Hospitality uses - outdoor servery provision

Permitted Development

F. The use, during the relevant period, of part of a relevant highway adjacent to premises falling within Class A3 (food and drink) of Schedule 1 to the Use Classes Order for the purposes of placing removable furniture, used for the purposes of selling or serving food or drink supplied from those premises or consuming food or drink supplied from those premises.

Conditions

F.1. Development is permitted by Class F subject to the following conditions—

(a)permission for the use of the part of the relevant highway must have been obtained from the relevant council under section 115E of the Highways Act 1980;

(b)the use must be in accordance with any conditions imposed by the relevant council under section 115F of the Highways Act 1980;

(c)the removable furniture must not be used between 10 pm and 8 am.

Interpretation of Class F

F.2. For the purposes of Class F—

“furniture” means—

“relevant highway” means—

“the relevant period” means the period beginning on 30 April 2021 and ending on 3 January 2022.

Interpretation of Part 4A

G. For the purposes of Part 4A—

“within a town centre” means within an area identified in a development plan as a—

“development plan” has the same meaning as in section 336 of the Act. ^F77]

PART 5 CARAVAN SITES

Class A

Permitted development

A. The use of land, other than a building, as a caravan site in the circumstances referred to in paragraph A.2.

Condition

A.1 Development is permitted by Class A subject to the condition that the use shall be discontinued when the circumstances specified in paragraph A.2 cease to exist, and all caravans on the site shall be removed as soon as reasonably practicable.

Interpretation of Class A

A.2 The circumstances mentioned in Class A are those specified in paragraphs 2 to 10 of Schedule 1 to the 1960 Act (cases where a caravan site licence is not required), but in relation to those mentioned in paragraph 10 do not include use for winter quarters.

Class B

Permitted development

B. Development required by the conditions of a site licence for the time being in force under the 1960 Act [^F78 and the Mobile Homes (Wales) Act 2013^F78] .

PART 6 AGRICULTURAL BUILDINGS AND OPERATIONS

Class A Development on units of 5 hectares or more

Permitted development

A. The carrying out on agricultural land comprised in an agricultural unit of 5 hectares or more in area of—

(a)works for the erection, extension or alteration of a building; or

(b)any excavation or engineering operations,

which are reasonably necessary for the purposes of agriculture within that unit.

Development not permitted

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

(a)the development would be carried out on a separate parcel of land forming part of the unit which is less than 1 hectare in area;

(b)it would consist of, or include, the erection, extension or alteration of a dwelling;

(c)it would involve the provision of a building, structure or works not designed for agricultural purposes;

(d)the ground area which would be covered by—

(i)any works or structure (other than a fence) for accommodating livestock or any plant or machinery arising from engineering operations; or

(ii)any building erected or extended or altered by virtue of Class A,

would exceed 465 square metres, calculated as described in paragraph D.2 below;

(e)the height of any part of any building, structure or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres;

(f)the height of any part of any building, structure or works not within 3 kilometres of the perimeter of an aerodrome would exceed 12 metres;

(g)any part of the development would be within 25 metres of a metalled part of a trunk road or classified road;

(h)it would consist of, or include, the erection or construction of, or the carrying out of any works to, a building, structure or an excavation used or to be used for the accommodation of livestock or for the storage of slurry or sewage sludge where the building, structure or excavation is, or would be, within 400 metres of the curtilage of a protected building; ^F79...

(i)it would involve excavations or engineering operations on or over article 1(6) land which are connected with fish farming [^F80 ; or^F80]

[^F81 (j)any building for storing fuel for or waste from a biomass boiler or an anaerobic digestion system—

(i)would be used for storing waste not produced by that boiler or system or for storing fuel not produced on land within the unit; or

(ii)is or would be within 400 metres of the curtilage of a protected building.^F81]

Conditions

A.2—(1) Development is permitted by Class A subject to the following conditions—

(a)where development is carried out within 400 metres of the curtilage of a protected building, any building, structure, excavation or works resulting from the development shall not be used for the accommodation of livestock except in the circumstances described in paragraph D.3 below or for the storage of slurry or sewage sludge [^F82 , for housing a biomass boiler or an anaerobic digestion system, for storage of fuel or waste from that boiler or system, or for housing a hydro-turbine;^F82]

(b)where the development involves—

(i)the extraction of any mineral from the land (including removal from any disused railway embankment); or

(ii)the removal of any mineral from a mineral-working deposit,

the mineral shall not be moved off the unit;

(c)waste materials shall not be brought on to the land from elsewhere for deposit except for use in works described in Class A(a) or in the provision of a hard surface and any materials so brought shall be incorporated forthwith into the building or works in question.

(2) Subject to paragraph (3), development consisting of—

(a)the erection, extension or alteration of a building;

(b)the formation or alteration of a private way;

(c)the carrying out of excavations or the deposit of waste material (where the relevant area, as defined in paragraph D.4 below, exceeds 0.5 hectare); or

(d)the placing or assembly of a tank in any waters,

is permitted by Class A subject to the following conditions—

(i)the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be;

(ii)the application shall be accompanied by a written description of the proposed development and of the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii)the development shall not be begun before the occurrence of one of the following—

(aa)the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(bb)where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval; or

(cc)the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(iv)(aa)where the local planning authority give the applicant notice that such prior approval is required the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant;

(bb)where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to in sub-paragraph (aa) has elapsed, he shall be treated as having complied with the requirements of that sub-paragraph if he has taken reasonable steps for protection of the notice and, if need be, its replacement;

(v)the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—

(aa)where prior approval is required, in accordance with the details approved;

(bb)where prior approval is not required, in accordance with the details submitted with the application; and

(vi)the development shall be carried out—

(aa)where approval has been given by the local planning authority, within a period of five years from the date on which approval was given;

(bb)in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (d)(ii).

(3) The conditions in paragraph (2) do not apply to the extension or alteration of a building if the building is not on article 1(6) land except in the case of a significant extension or a significant alteration.

(4) Development consisting of the significant extension or the significant alteration of a building may only be carried out once by virtue of Class A(a).

[^F83 (5) Where development consists of works for the erection, significant extension or significant alteration of a building and

(a)the use of the building or extension for the purposes of agriculture within the unit permanently ceases within ten years from the date on which the development was substantially completed; and

(b)planning permission has not been granted on an application, or has not been deemed to be granted under Part III of the Act, for development for purposes other than agriculture, within three years from the date on which the use of the building or extension for the purposes of agriculture within the unit permanently ceased,

then, unless the local planning authority have otherwise agreed in writing, the building or, in the case of development consisting of an extension, the extension, shall be removed from the land and the land shall, so far as is practicable, be restored to its condition before the development took place, or to such condition as may have been agreed in writing between the local planning authority and the developer.

(6) Where an appeal has been made, under the Act, in relation to an application for development described in paragraph 5(b), within the period described in that paragraph, that period shall be extended until the appeal is finally determined or withdrawn.

(7) Where development is permitted by Class A(a), the developer shall notify the local planning authority, in writing and within 7 days, of the date on which the development was substantially completed.^F83]

Class B Development on units of less than 5 hectares

Permitted development

B. The carrying out on agricultural land comprised in an agricultural unit of not less than 0.4 but less than 5 hectares in area of development consisting of—

(a)the extension or alteration of an agricultural building;

(b)the installation of additional or replacement plant or machinery;

(c)the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus;

(d)the provision, rearrangement or replacement of a private way;

(e)the provision of a hard surface;

(f)the deposit of waste; or

(g)the carrying out of any of the following operations in connection with fish farming, namely, repairing ponds and raceways; the installation of grading machinery, aeration equipment or flow meters and any associated channel; the dredging of ponds; and the replacement of tanks and nets,

where the development is reasonably necessary for the purposes of agriculture within the unit.

Development not permitted

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

(a)the development would be carried out on a separate parcel of land forming part of the unit which is less than 0.4 hectare in area;

(b)the external appearance of the premises would be materially affected;

(c)any part of the development would be within 25 metres of a metalled part of a trunk road or classified road;

(d)it would consist of, or involve, the carrying out of any works to a building or structure used or to be used for the accommodation of livestock or the storage of slurry or sewage sludge where the building or structure is within 400 metres of the curtilage of a protected building; ^F84...

(e)it would relate to fish farming and would involve the placing or assembly of a tank on land or in any waters or the construction of a pond in which fish may be kept or an increase (otherwise than by the removal of silt) in the size of any tank or pond in which fish may be kept [^F85 ; or^F85]

[^F86 (f)any building for storing fuel for or waste from a biomass boiler or an anaerobic digestion system would be used for storing waste not produced by that boiler or system or for storing fuel not produced on land within the unit.^F86]

B.2 Development is not permitted by Class B(a) if—

(a) the height of any building would be increased;

(b) the cubic content of the original building would be increased by more than 10%;

(c) any part of any new building would be more than 30 metres from the original building;

(d) the development would involve the extension, alteration or provision of a dwelling;

(e) any part of the development would be carried out within 5 metres of any boundary of the unit; or

(f) the ground area of any building extended by virtue of Class B(a) would exceed 465 square metres.

B.3 Development is not permitted by Class B(b) if—

(a) the height of any additional plant or machinery within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres;

(b) the height of any additional plant or machinery not within 3 kilometres of the perimeter of an aerodrome would exceed 12 metres;

(c) the height of any replacement plant or machinery would exceed that of the plant or machinery being replaced; or

(d) the area to be covered by the development would exceed 465 square metres calculated as described in paragraph D.2 below.

B.4 Development is not permitted by Class B(e) if the area to be covered by the development would exceed 465 square metres calculated as described in paragraph D.2 below.

Conditions

B.5 Development permitted by Class B and carried out within 400 metres of the curtilage of a protected building is subject to the condition that any building which is extended or altered, or any works resulting from the development, shall not be used for the accommodation of livestock except in the circumstances described in paragraph D.3 below or for the storage of slurry or sewage sludge [^F87 , for housing a biomass boiler or an anaerobic digestion system, for storage of fuel or waste from that boiler or system, or for housing a hydro-turbine.^F87]

B.6 Development consisting of the extension or alteration of a building situated on article 1(6) land or the provision, rearrangement or replacement of a private way on such land is permitted subject to—

(a) the condition that the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building as extended or altered or the siting and means of construction of the private way; and

(b) the conditions set out in paragraphs A.2(2)(ii) to (vi) above.

B.7 Development is permitted by Class B(f) subject to the following conditions—

(a) that waste materials are not brought on to the land from elsewhere for deposit unless they are for use in works described in Class B(a), (d) or (e) and are incorporated forthwith into the building or works in question; and

(b) that the height of the surface of the land will not be materially increased by the deposit.

[^F88 B.8 Development is permitted by Class B(a) subject to the following conditions—

(a) Where development consists of works for the significant extension or significant alteration of a building and

(i) the use of the building or extension for the purposes of agriculture within the unit permanently ceases within ten years from the date on which the development was substantially completed; and

(ii) planning permission has not been granted on an application, or has not been deemed to be granted under Part III of the Act, for development for purposes other than agriculture, within three years from the date on which the use of the building or extension for the purposes of agriculture within the unit permanently ceased,

then, unless the local planning authority have otherwise agreed in writing, the extension, in the case of development consisting of an extension, shall be removed from the land and the land shall, so far as is practicable, be restored to its condition before the development took place, or to such condition as may have been agreed in writing between the local planning authority and the developer.

(b) Where an appeal has been made, under the Act, in relation to an application for development described in paragraph B.8(a)(ii), within the period described in that paragraph, that period shall be extended until the appeal is finally determined or withdrawn.

(c) The developer shall notify the local planning authority in writing and within 7 days, of the date on which the development was substantially completed.^F88]

Class C Mineral working for agricultural purposes

Permitted development

C. The winning and working on land held or occupied with land used for the purposes of agriculture of any minerals reasonably necessary for agricultural purposes within the agricultural unit of which it forms part.

Development not permitted

C.1 Development is not permitted by Class C if any excavation would be made within 25 metres of a metalled part of a trunk road or classified road.

Condition

C.2 Development is permitted by Class C subject to the condition that no mineral extracted during the course of the operation shall be moved to any place outside the land from which it was extracted, except to land which is held or occupied with that land and is used for the purposes of agriculture.

Interpretation of Part 6

D.1 For the purposes of Part 6—

• “agricultural land" means land which, before development permitted by this Part is carried out, is land in use for agriculture and which is so used for the purposes of a trade or business, and excludes any dwellinghouse or garden;

• “agricultural unit" means agricultural land which is occupied as a unit for the purposes of agriculture, including—

  (a)

  any dwelling or other building on that land occupied for the purpose of farming the land by the person who occupies the unit, or

  (b)

  any dwelling on that land occupied by a farmworker;

• “building" does not include anything resulting from engineering operations;

• “fish farming" means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean and mollusc);

• “livestock" includes fish or shellfish which are farmed;

• “protected building" means any permanent building which is normally occupied by people or would be so occupied, if it were in use for purposes for which it is apt; but does not include—

  (i)

  a building within the agricultural unit; or

  (ii)

  a dwelling or other building on another agricultural unit which is used for or in connection with agriculture;

• “significant extension" and “significant alteration" mean any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 10% or the height of the building as extended or altered would exceed the height of the original building;

• “slurry" means animal faeces and urine (whether or not water has been added for handling); and

• “tank" includes any cage and any other structure for use in fish farming.

D.2 For the purposes of Part 6—

(a) an area calculated as described in this paragraph comprises the ground area which would be covered by the proposed development, together with the ground area of any building (other than a dwelling), or any structure, works, plant, machinery, ponds or tanks within the same unit which are being provided or have been provided within the preceding two years and any part of which would be within 90 metres of the proposed development;

(b) 400 metres is to be measured along the ground.

D.3 The circumstances referred to in paragraphs A.2(1)(a) and B.5 are—

(a) that no other suitable building or structure, 400 metres or more from the curtilage of a protected building, is available to accommodate the livestock; and

(b) (i) that the need to accommodate the livestock arises from—

(aa) quarantine requirements; or

(bb) an emergency due to another building or structure in which the livestock could otherwise be accommodated being unavailable because it has been damaged or destroyed by fire, flood or storm; or

(ii) in the case of animals normally kept out of doors, they require temporary accommodation in a building or other structure—

(aa) because they are sick or giving birth or newly born; or

(bb) to provide shelter against extreme weather conditions.

D.4 For the purposes of paragraph A.2(2)(c), the relevant area is the area of the proposed excavation or the area on which it is proposed to deposit waste together with the aggregate of the areas of all other excavations within the unit which have not been filled and of all other parts of the unit on or under which waste has been deposited and has not been removed.

D.5 In paragraph A.2(2)(iv), “site notice" means a notice containing—

(a) the name of the applicant,

(b) the address or location of the proposed development,

(c) a description of the proposed development and of the materials to be used,

(d) a statement that the prior approval of the authority will be required to the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be,

(e) the name and address of the local planning authority, and which is signed and dated by or on behalf of the applicant.

D.6 For the purposes of Class B—

(a) the erection of any additional building within the curtilage of another building is to be treated as the extension of that building and the additional building is not to be treated as an original building;

(b) where two or more original buildings are within the same curtilage and are used for the same undertaking they are to be treated as a single original building in making any measurement in connection with the extension or alteration of either of them.

D.7 In Class C, “the purposes of agriculture" includes fertilising land used for the purposes of agriculture and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used.

[^F89 D.8. In Class A(a), “reasonably necessary for the purposes of agriculture” includes, in relation to the erection, extension or alteration of a building, for housing a biomass boiler or an anaerobic digestion system; for storage of fuel for or waste from that boiler or system; or for housing a hydro-turbine.

D.9. In Class B(a), “reasonably necessary for the purposes of agriculture” includes, in relation to the extension or alteration of an agricultural building, for housing a biomass boiler or an anaerobic digestion system; for storage of fuel for or waste from that boiler or system; or for housing a hydro-turbine. ^F89]

[^F90PART 6A Community Growing Spaces

Class A

Permitted development

A. Development consisting of the erection, extension, alteration or replacement of storage sheds and greenhouses on community growing spaces.

Development not permitted

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

(a)the development would be carried out on a community growing space of less than 62 square metres in area;

(b)on a community growing space of less than 125 square metres in area, it would result in the presence of more than either—

(i)one storage shed; or

(ii)one greenhouse;

(c)on a community growing space of 125 square metres or more in area, it would result in the presence of more than one storage shed and one greenhouse;

(d)the ground area of the storage shed or greenhouse would exceed 6 square metres when measured externally;

(e)any part of the storage shed or greenhouse would exceed 2.2 metres in height;

(f)the development would be on article 1(5) land;

(g)the development would be on land within a World Heritage Site;

(h)the development would be within the curtilage of a listed building; or

(i)the development would be within—

(i)8 metres of a non-tidal main river (or within 8 metres of any flood defence structure or culvert on that river); or

(ii)within 16 metres of a tidal main river (or within 16 metres of any flood defence structure or culvert on that river).

Interpretation of Class A

A.2. For the purposes of Class A—

“community growing space” means—

“culvert” means a covered channel or pipe which prevents the obstruction of a main river or drainage path by an artificial construction;

“flood defence structure” means any permanent works constructed, operated or maintained by the Natural Resources Body for Wales, for the purposes of managing flood risk;

“greenhouse” means a structure such as a glasshouse or polytunnel in which vegetables, fruit, herbs or flowers are cultivated under cover in an enclosed space, but does not include a structure in which livestock are kept;

“main river” has the meaning given in section 113(1) of the Water Resources Act 1991 ;

“non-tidal main river” means any part of a main river that is not a tidal main river;

“normal tidal limit” means the normal tidal limit as marked on the Ordnance Maps (1:25,000 scale);

“tidal main river” means that part of a main river downstream of the normal tidal limit. ^F90]

PART 7 FORESTRY BUILDINGS AND OPERATIONS