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The Town and Country Planning General Development Order 1988

Type Statutory-Instrument

Publication 1988-10-21

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) An application to a local planning authority for an established use certificate shall be in writing, shall be accompanied by plans identifying clearly the land to which the application relates and shall give—

(a) the address or location of the land;

(b) a description of the use in respect of which a certificate is sought (being a use subsisting on the date when the application is made);

(c) if there is more than one use of the land at the date when the application is made, a full description of all uses of the land at the date and, where appropriate, an indication of the part of the land to which each of the uses relates;

(d) whether the use referred to in sub-paragraph (b) was begun before 1st January 1964 and, if not, the date when it was begun;

(e) if the use referred to in sub-paragraph (b) was begun on or after 1st January 1964, particulars of the use of the land at 31st December 1963 and all subsequent intervening uses, including the date when each such use began and ended;

(f) the nature of the applicant’s interest in the land;

(g) a statement of the grounds (as set out in section 94(1) of the Act) upon which a certificate is sought;

(h) such other information as the applicant considers necessary to substantiate or make good his claim.

(2) An application for an established use certificate shall be accompanied by such supporting evidence as the applicant can provide and, where a certificate is being sought on ground (b) of section 94(1) of the Act (use begun before 1964 under a planning permission granted subject to conditions or limitations which have not been complied with), a copy of the relevant planning permission or, where this cannot be supplied, details of the condition in question and such other particulars as the applicant can provide.

(3) The local planning authority may, by notice in writing, require the applicant for an established use certificate to provide such further information as may be specified, to enable them to deal with the application.

(4) An application for an established use certificate shall not be entertained by the local planning authority unless it is accompanied by one of the following certificates signed by or on behalf of the applicant—

(a) a certificate stating that at the beginning of the period of twenty-one days ending with the date of the application, no person (other than the applicant) was the owner of any of the land to which the application relates;

(b) a certificate stating that the applicant has given the requisite notice of the application to all the persons (other than the applicant) who, at the beginning of the period of twenty-one days ending with the date of the application, were owners of any of the land to which the application relates, and setting out the names of those persons, the addresses at which notice of the application was given to each of them, and the date of service of each such notice;

(c) a certificate stating that the applicant is unable to issue a certificate in accordance with either of the preceding sub-paragraphs, that he has given the requisite notice of the application to one or more of the persons mentioned in sub-paragraph (b) as are specified in the certificate (setting out their names, the addresses at which notice of the application was given to each of them and the date of the service of each notice), that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so; or

(d) a certificate stating that the applicant is unable to issue a certificate in accordance with sub-paragraph (a) of this paragraph, that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in sub-paragraph (b) of this paragraph and that he has been unable to do so.

(5) For the purposes of this article a person shall be treated as an owner of the land if—

(a) in respect of any part of the land, he is entitled to the freehold or a lease, the unexpired term of which at the relevant time is not less than 7 years; or

(b) he is the occupier of any part of the land.

(a) All certificates given pursuant to paragraph (4) shall contain—

(i) a statement that none of the land to which the application relates constitutes or forms part of an agricultural holding; or

(ii) a statement that the applicant has given the requisite notice of the application to every person (other than the applicant) who, at the beginning of the period of 21 days ending with the date of the application, was a tenant of any agricultural holding any part of which was comprised in the land to which the application relates, with the names of each such person, the address at which notice of the application was given to him, and the date of service of that notice.

(b) A certificate of the kind mentioned in paragraph (4)(c) or (d) shall also contain a statement that the requisite notice of the application, as set out in the certificate, has, on a date specified in the certificate (being a date not earlier than the beginning of the period mentioned in paragraph (4)(b)), been published in a local newspaper circulating in the locality in which the land in question is situated.

(7) Where an application for an established use certificate is accompanied by such a certificate as is mentioned in paragraph (4)(b),(c) or (d) of this article, or by a certificate containing a statement in accordance with paragraph (6)(a)(ii), the local planning authority—

(a) shall not determine the application before the end of the period of 21 days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate, or the date of publication of a notice as therein mentioned, whichever is the later;

(b) in determining the application, shall take into account any representations made before the end of the period mentioned in the preceding sub-paragraph, by any person who satisfies them that he is an owner of land to which the application relates or that he is the tenant of an agricultural holding the whole or part of which is comprised in that land; and

(c) shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with sub-paragraph (b).

(8) Article 10(1) and (2) and 23(4) of this order shall apply to an application for an established use certificate as they apply to an application for planning permission.

(9) In the case of an application which falls to be determined by the county planning authority, the district planning authority shall as soon as practicable notify the applicant that the application will be so determined and transmit to the county planning authority the application, all relevant plans, drawings, statements, particulars, certificates and correspondence and a statement of any action taken by the district planning authority in relation to the application.

(10) The local planning authority shall give notice to the applicant of their decision (or the reference of the application to the Secretary of State, as the case may be) within a period of eight weeks beginning with the date of receipt of the application, or (except where the applicant has already given notice of appeal to the Secretary of State) such extended period as may be agreed upon in writing between the applicant and the authority responsible for determining the application.

(11) Where an established use certificate is refused, the local planning authority shall give notice of their decision in writing with a clear and precise statement of the full grounds for their decision and a statement to the effect that if the applicant is aggrieved by the decision he may appeal to the Secretary of State under section 95(2) of the Act.

(12) An applicant who desires to appeal against a decision of a local planning authority refusing an established use certificate, or refusing it in part, or against a deemed refusal of such a certificate, shall give notice of appeal in writing to the Secretary of State within six months of the date of notice of the decision or of the expiry of the period allowed under paragraph (10) of this article, as the case may be, or such longer period as the Secretary of State may at any time allow. Such persons shall also provide the Secretary of State with copies of each of the following documents—

(a) the application;

(b) all relevant plans, drawings, statements and particulars submitted with it (including the certificate given under paragraph (4) of this article);

(d) all other relevant documents and correspondence with the local planning authority.

(13) The provisions of paragraphs (3) to (6) of this article shall apply with any necessary modifications in relation to an appeal to the Secretary of State as they apply in relation to an application to the local planning authority for an established use certificate.

(14) Article 27 of this order (registers) shall apply in relation to applications for established use certificates as it applies in relation to applications for a determination under section 53 of the Act, with the modification that for the reference in paragraph (4)(a) to the proposal forming the subject of the application there shall be substituted a reference to the use in respect of which a certificate is sought.

(15) Any certificate given pursuant to paragraph (4) of this article shall be in the appropriate form set out in Part 1 of Schedule 5 hereto, and “requisite notice” for the purposes of that paragraph means a notice in the appropriate form set out in Part 1 or Part 2 of Schedule 6.

(16) Established use certificates shall be issued in the form set out in Part 3 of Schedule 6 to this order.

Directions

30

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

Revocations and savings

31

(1) The statutory instruments specified in Schedule 7 hereto are hereby revoked.

(2) Any direction made by a local highway authority under article 12 of the Town and Country Planning General Development Order 1977[^f00044] shall cease to have effect except insofar as it relates to applications made before the date of coming into force of this order.

SCHEDULE 1

PART 1 — ARTICLE 1(5) LAND

Land within—

(a) a National Park;

(b) an area of outstanding natural beauty;

(c) an area designated by a local planning authority as a conservation area under powers conferred by section 277 of the Act[^f00045];

(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[^f00046] (enhancement and protection of the natural beauty and amenity of the countryside).

PART 2 — ARTICLE 1(6) LAND

Land within a National Park or within the following areas—

(a) In England, 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) In Wales land outside the boundaries of a National Park which is—

(i) within the communities listed below:

in the borough of Aberconwy:—

Caerhun, Dolgarrog;

in the borough of Arfon:—

Betws Garmon, Bontnewydd, Llanberis, Llanddeiniolen, Llandwrog, Llanllyfni, Llanwnda, Waunfawr;

in the district of Meirionnydd:—

Arthog, Corris, Llanfrothen, Penrhyndeudraeth; and

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

in the borough of Aberconwy, 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, Llanrwst, Llansanffraid Glan Conwy;

in the borough of Arfon, those parts of the following communities which were on 31st March 1974 within the former rural district of Gwyrfai:—

Caernarfon, Llandygai, Llanrug, Pentir, Y Felinheli;

in the district of Dwyfor, that part of the community of Porthmadog which was on 31st March 1974 within the former rural district of Deudraeth and those parts of the following communities which were on that date within the former rural district of Gwyrfai:—

Clynnog, Dolbenmaen, Llanaelhaearn;

in the district of Glyndwr, those parts of the following communities which were on 31st March 1974 within the former rural district of Penllyn:—

Llandrillo, Llangwm;

in the district of Meirionnydd, those parts of the following communities which were on 31st March 1974 within the former rural district of Deudraeth:—

Ffestiniog, Talsarnau;

and those parts of the following communities which were on that date within the former rural district of Dolgellau:—

Barmouth, Mawddwy;

and that part of the community of Llandderfel which was on that date within the former rural district of Penllyn.

SCHEDULE 2

PART 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) the cubic content of the resulting building would exceed the cubic content of the original dwellinghouse—

(i) in the case of a terrace house or in the case of a dwellinghouse on article 1(5) land, by more than 50 cubic metres or 10%, whichever is the greater;

(ii) in any other case, by more than 70 cubic metres or 15%, whichever is the greater;

(iii) in any case, by more than 115 cubic metres;

(b) the height of the resulting building would exceed the height of the highest part of the roof of the original dwellinghouse;

(i) the part of the original dwellinghouse nearest to that highway; or

(ii) 20 metres,

whichever is nearest to the highway;

(d) any part of the resulting building which is within 2 metres of the boundary of the curtilage of the dwellinghouse would exceed 4 metres in height;

(e) the total area of ground covered by buildings 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);

(f) it would consist of or include the installation, alteration or replacement of a satellite antenna;

(g) it would consist of or include the erection of a building within the curtilage of a listed building; or

(h) it would consist of or include an alteration to any part of the roof.

A.2

In the case of a dwellinghouse on any article 1(5) land, development is not permitted by Class A if it would consist of or include the cladding of any part of the exterior with stone, artificial stone, timber, plastic or tiles.

Interpretation of Class A

A.3

For the purposes of Class A—

(a) the erection within the curtilage of a dwellinghouse of any building with a cubic content greater than 10 cubic metres shall be treated as the enlargement of the dwellinghouse for all purposes including calculating cubic content where—

(i) the dwellinghouse is on article 1(5) land, or

(ii) in any other case, any part of that building is within 5 metres of any part of the dwellinghouse;

(b) where any part of the dwellinghouse would be within 5 metres of an existing building within the same curtilage, that building shall be treated as forming part of the resulting building for the purpose of calculating the cubic content.

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 fronts any highway;

(c) it would increase the cubic content of the dwellinghouse by more than 40 cubic metres, in the case of a terrace house, or 50 cubic metres in any other case;

(d) the cubic content of the resulting building would exceed the cubic content of the original dwellinghouse—

(i) in the case of a terrace house by more than 50 cubic metres or 10%, whichever is the greater,

(ii) in any other case, by more than 70 metres or 15%, whichever is the greater, or

(iii) in any case, by more than 115 cubic metres; or

(e) the dwellinghouse is on article 1(5) land.

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 it would result in a material alteration to the shape of the dwellinghouse.

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 of the curtilage of the dwellinghouse with a highway.

Class E

Permitted development

E

The provision within the curtilage of a dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse, or the maintenance, improvement or other alteration of such a building or enclosure.

Development not permitted

E.1

Development is not permitted by Class E if—

(a) it relates to a dwelling or a satellite antenna;

(b) any part of the building or enclosure to be constructed or provided would be nearer to any highway which bounds the curtilage than—

(i) the part of the original dwellinghouse nearest to that highway, or

(ii) 20 metres,

whichever is nearer to the highway;

(c) where the building to be constructed or provided would have a cubic content greater than 10 cubic metres, any part of it would be within 5 metres of any part of the dwellinghouse;

(d) the height of that building or enclosure would exceed—

(i) 4 metres, in the case of a building with a ridged roof; or

(ii) 3 metres, in any other case;

(e) the total area of ground covered by buildings or enclosures 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); or

(f) in the case of any article 1(5) land or land within the curtilage of a listed building, it would consist of the provision, alteration or improvement of a building with a cubic content greater than 10 cubic metres.

Interpretation of Class E

E.2

For the purposes of Class E “purpose incidental to the enjoyment of the dwellinghouse” 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.

Class F

Permitted development

F

The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse.

Class G

Permitted development

G

The erection or provision within the curtilage of a dwellinghouse of a container for the storage of oil for domestic heating.

Development not permitted

G.1

Development is not permitted by Class G if—

(a) the capacity of the container would exceed 3500 litres;

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

(i) the part of the original building nearest to that highway, or

(ii) 20 metres,

whichever is nearer to the highway.

Class H

Permitted development

H

The installation, alteration or replacement of a satellite 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) the size of the antenna (excluding any projecting feed element) when measured in any dimension would exceed 90 centimetres;

(b) there is any other satellite antenna on the dwellinghouse or within its curtilage;

(c) the highest part of the antenna to be installed on a dwellinghouse would be higher than the highest part of the roof on which it would be installed.

Interpretation of Part I

I

For the purposes of Part 1—

“resulting building” 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.

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.

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

C.2

In Class C “painting” includes any application of colour.

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.

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 235 square metres of floorspace 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.

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 change in the use of any building or other land from a use permitted by a 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 date of coming into force of this order;

(b) it would be carried out more than ten 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.

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 this Class shall be removed, and

(b) any adjoining land on which development permitted by this Class 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, or

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

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;

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, 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.

PART 6 — AGRICULTURAL BUILDINGS AND OPERATIONS

Class A

Permitted development

A

The carrying out on agricultural land comprised in an agricultural unit of—

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

(b) any excavation or engineering operations,

Development not permitted

A.1

Development is not permitted by Class A if—

(a) the development would be carried out on agricultural land less than 0.4 hectare in area;

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

(d) the ground area to be covered by—

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

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

would exceed 465 square metres, calculated as described in paragraph A.3.

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

(f) the height of any part of the 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 the metalled portion of a trunk or classified road;

(h) it would consist of engineering operations of a kind described in Class C below; or

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

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 or the storage of slurry or sewage sludge within a period of five years from the carrying out of those operations;

(b) where the development involves—

(i) the extraction of any mineral from the land or from any disused railway embankment on the land, or

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

the mineral shall not be moved off the land, unless planning permission for the winning and working of that mineral has been granted on an application made under Part III of the Act;

(c) in the case of development which involves the deposit of waste materials on or under the land, no waste materials shall be brought onto the land from elsewhere except for development of the kind described in Class A(a) or the creation of a hard surface, where the materials are incorporated into the building or works forthwith.

(2) In the case of any article 1(6) land, development consisting of the erection, extension or alteration of a building is permitted by Class A subject to the following conditions—

(a) the developer shall, before beginning the development give the local planning authority a written description of the proposed development, the materials to be used and a plan indicating the site, and shall not begin the development until a period of 28 days has elapsed from their receipt by the authority;

(b) if within 28 days of receiving that description and plan the local planning authority give the developer notice in writing to that effect, the development shall not be begun without the prior approval of that authority to the siting, design and external appearance of the building;

(c) the development shall, except to the extent that the local planning authority have agreed otherwise in writing, be carried out in accordance with—

(i) any details approved by that authority in accordance with subparagraph (b) above, or

(ii) the description and indication of siting given to them under subparagraph (a) above;

(d) the development shall be carried out—

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

(ii) 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 subparagraph (a).

Interpretation of Class A

A.3

(1) For the purposes of Class A—

(a) the area of 0.4 hectares shall be calculated without taking into account any separate parcels of land;

(b) the ground area referred to in paragraph A.1(d) is 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 or machinery within the same unit which is being provided or has been provided within the preceding two years and any part of which would be within 90 metres of the proposed development;

(2) For the purposes of this class—

“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;

“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— a building within the agricultural unit, a building used for a purpose referred to in classes B3 to B7 (special industrial uses) of the Schedule to the Use Classes Order, or a dwelling or other building on another agricultural unit which is used for or in connection with agriculture.

Class B

Permitted development

B

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

B.1

Development is not permitted by Class B if any excavation would be made within 25 metres of the metalled portion of a trunk or classified road.

Condition

B.2

Development is permitted by Class B 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 Class B

B.3

For the purposes of Class B the expression “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.

Class C

Permitted development

C

The carrying out on agricultural land used for the purposes of any registered business of fish farming or of shellfish farming of—

(a) operations for the construction of fishponds, or

(b) other engineering operations for the purposes of that business.

Development not permitted

C.1

Development is not permitted by Class C if—

(a) the area of the site within which the operations would be carried out exceeds 2 hectares;

(b) any part of the operation would be carried out within 25 metres of the metalled portion of a trunk or classified road;

(i) any excavation would exceed a depth of 2.5 metres; or

(ii) the area of any excavation, taken together with any other excavations carried out on the land within the preceding two years, would exceed 0.2 hectares.

Interpretation of Class C

C.2

For the purposes of Class C—

“construction of fishponds” includes the excavation of land and the winning and working of minerals for that purpose;

“fishpond” means a pond, tank, reservoir, stew or other structure used for the keeping of live fish or the cultivation or propagation of shellfish;

“registered business of fish farming or shellfish farming” means such a business registered in a register kept by the Minister of Agriculture Fisheries and Food or the Secretary of State (as the case may be) for the purposes of an order made under section 7 of the Diseases of Fish Act 1983[^f00047].

Interpretation of Part 6

D

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.

PART 7 — FORESTRY BUILDINGS AND OPERATIONS

Class A

Permitted development

A

The carrying out on land used for the purposes of forestry, including afforestation, of development reasonably necessary for those purposes consisting of—

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

(b) the formation, alteration or maintenance of private ways;

(c) operations on that land, or on land held or occupied with that land, to obtain the materials required for the formation, alteration or maintenance of such ways,

(d) other operations (not including engineering or mining operations).

Development not permitted

A.1

Development is not permitted by this Class if—

(a) it would consist of or include the provision or alteration of a dwelling;

(b) the height of any building or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres in height, or

Conditions

A.2

In the case of any article 1(6) land, development consisting of the erection, extension or alteration of a building or the formation or alteration of a private way is permitted by this class subject to the following conditions—

(a) the developer shall before beginning the development, give the local planning authority a written description of the proposed development and the materials to be used and a plan indicating the site, and shall not begin the development until a period of 28 days has elapsed from their receipt by the authority;

(b) if within 28 days of receiving that description and plan the local authority give the developer notice in writing to that effect, the development shall not be begun without the prior approval of that authority to the siting, design and external appearance of the building and the siting and means of construction of the private way;

(c) the development shall, except to the extent that the local planning authority have agreed otherwise in writing, be carried out in accordance with—

(i) any details approved by that authority in accordance with subparagraph (b), or

(ii) the description and indication of siting given to them under subparagraph (a);

(d) the development shall be carried out—

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

(ii) 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 subparagraph (a).

PART 8 — INDUSTRIAL AND WAREHOUSE DEVELOPMENT

Class A

Permitted development

A

The extension or alteration of an industrial building or a warehouse.

Development not permitted

A.1

Development is not permitted by Class A if—

(a) the building as extended or altered is to be used for purposes other than those of the undertaking concerned;

(b) the building is to be used for a purpose other than the carrying out of an industrial process, or, in the case of a warehouse, other than storage or distribution;

(d) the cubic content of the original building would be exceeded by more than—

(i) 10%, in respect of development on any article 1(5) land, or

(ii) 25%, in any other case;

(e) the floorspace of the original building would be exceeded by more than—

(i) 500 square metres in respect of development on any article 1(5) land, or

(ii) 1,000 square metres in any other case;

(f) the external appearance of the premises of the undertaking concerned would be materially affected;

(g) any part of the development would be carried out within 5 metres of any boundary of the curtilage of the premises; or

(h) the development would lead to a reduction in the space available for the parking or turning of vehicles.

Interpretation of Class A

A.2

(1) For the purposes of Class A—

(a) the erection of any additional building within the curtilage of another building (whether by virtue of this class or otherwise) and used in connection with it 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.

Class B

Permitted development

B

Development carried out on industrial land for the purposes of an industrial process consisting of—

(a) the installation of additional or replacement plant or machinery,

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

Development not permitted

B.1

Development described in Class B(a) is not permitted if—

(a) it would materially affect the external appearance of the premises of the undertaking concerned, or

(b) any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.

Interpretation of Class B

B.2

In Class B “industrial land” means land used for the carrying out of an industrial process, including land used for the purposes of an industrial undertaking as a dock, harbour or quay, but does not include land in or adjacent to and occupied together with a mine.

Class C

Permitted development

C

The creation of a hard surface within the curtilage of an industrial building or warehouse to be used for the purpose of the undertaking concerned.

Class D

Permitted development

D

The deposit of waste material resulting from an industrial process on any land comprised in a site which was used for that purpose on 1st July 1948 whether or not the superficial area or the height of the deposit is extended as a result.

Development not permitted

D.1

Development is not permitted by Class D if—

(a) the waste material is or includes material resulting from the winning and working of minerals, or

(b) the use on 1st July 1948 was for the deposit of material resulting from the winning and working of minerals.

Interpretation of Part 8

E

For the purposes of Part 8,

PART 9 — REPAIRS TO UNADOPTED STREETS AND PRIVATE WAYS

Class A

Permitted development

The carrying out on land within the boundaries of an unadopted street or private way of works required for the maintenance or improvement of the street or way

PART 10 — REPAIRS TO SERVICES

Class A

Permitted development

The carrying out of any works for the purposes of inspecting, repairing or renewing any sewer, main, pipe, cable or other apparatus, including breaking open any land for that purpose.

PART 11 — DEVELOPMENT UNDER LOCAL OR PRIVATE ACTS OR ORDERS

Class A

Permitted development

A

Development authorised by—

(a) a local or private Act of Parliament,

(b) an order approved by both Houses of Parliament, or

which designates specifically the nature of the development authorised and the land upon which it may be carried out.

Condition

A.1

Development is not permitted by Class A if it consists of or includes—

(a) the erection, construction, alteration or extension of any building, bridge, aqueduct, pier or dam, or

(b) the formation, laying out or alteration of a means of access to any highway used by vehicular traffic,

unless the prior approval of the detailed plans and specifications of the appropriate authority is first obtained.

Prior Approvals

A.2

The prior approval referred to in paragraph A.1 is not to be refused by the appropriate authority nor are conditions to be imposed unless they are satisfied that—

(a) the development (other than the provision of or works carried out to a dam) ought to be and could reasonably be carried out elsewhere on the land; or

(b) the design or external appearance of any building, bridge, aqueduct, pier or dam would injure the amenity of the neighbourhood and is reasonably capable of modification to avoid such injury.

Interpretation of Class A

A.3

In this class “appropriate authority” means—

(a) in Greater London or a metropolitan county, the local planning authority,

(b) in a National Park, outside a metropolitan county, the county planning authority,

PART 12 — DEVELOPMENT BY LOCAL AUTHORITIES

Class A

Permitted development

A

The erection or construction and the maintenance, improvement or other alteration by a local authority or by an urban development corporation of—

(a) any small ancillary building, works or equipment on land belonging to or maintained by them required for the purposes of any function exercised by them on that land otherwise than as statutory undertakers;

(b) lamp standards, information kiosks, passenger shelters, public shelters and seats, telephone boxes, fire alarms, public drinking fountains, horse-troughs, refuse bins or baskets, barriers for the control of people waiting to enter public service vehicles, and similar structures or works required in connection with the operation of any public service administered by them.

Interpretation of Class A

A.1

The reference in Class A to any small building, works or equipment is a reference to building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity.

Class B

Permitted development

B

The deposit by a local authority of waste material on any land comprised in a site which was used for that purpose on 1st July 1948 whether or not the superficial area or the height of the deposit is extended as a result.

Development not permitted

B.1

Development is not permitted by Class B if the waste material is or includes material resulting from the winning and working of minerals.

PART 13 — DEVELOPMENT BY LOCAL HIGHWAY AUTHORITIES

Class A

Permitted development

The carrying out by a local highway authority on land outside but adjoining the boundary of an existing highway of works required for or incidental to the maintenance or improvement of the highway.

PART 14 — DEVELOPMENT BY DRAINAGE BODIES

Class A

Permitted development

A

Development by a drainage body in, on or under a watercourse or land drainage works in connection with the improvement, maintenance or repair of the watercourse or works.

Interpretation of Class A

A.1

For the purposes of Class A “drainage body” means a drainage body within the meaning of the Land Drainage Act 1976[^f00049] which is not a water authority.

PART 15 — DEVELOPMENT BY WATER AUTHORITIES

Class A

Permitted development

A

Development by a water authority for the purposes of their functions consisting of—

(a) development not above ground level required in connection with the provision, improvement, maintenance or repair of a sewer, outfall pipe, sludge main or associated apparatus,

(b) development not above ground level required in connection with the supply of water or for conserving, redistributing or augmenting water resources, or for the conveyance of water treatment sludge,

(c) development in, on or under any watercourse or land drainage works and required in connection with the improvement or maintenance or repair of that watercourse or those land drainage works,

(d) the provision of a building, plant or machinery or apparatus in, on, over or under land for the purpose of survey or investigation,

(e) the maintenance, improvement or repair of works for measuring the flow in any watercourse or channel,

(f) the installation in a water distribution system of a booster station, valve house, meter or switch-gear house,

(g) any works authorised by or required in connection with an order made under section 1 or 2 of the Drought Act 1976[^f00050],

(h) any other development in, on, over or under their operational land, other than the provision of a building but including the extension or alteration of a building.

Development not permitted

A.1

Development is not permitted by Class A if—

(a) in the case of any Class A(b) development, it would include the construction of a reservoir,

(b) in the case of any Class A(f) development involving the installation of a station or house exceeding 29 cubic metres in capacity, that installation would be carried out at or above ground level or under a highway used by vehicular traffic,

(c) in the case of any Class A(h) development, it would consist of or include the extension or alteration of a building so that—

(i) its design or external appearance would be materially affected, or

(ii) the height of the original building would be exceeded, or the content of the original building would be exceeded by more than 25%, or

(iii) the floorspace of the original building would be exceeded by more than 1,000 square metres, or

(d) in the case of any Class A(h) development, it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.

Condition

A.2

Development is permitted by Class A(d) subject to the condition that, on completion of the survey or investigation, or at the expiration of 6 months from the commencement of the development concerned, whichever is the sooner, all such operations shall cease and all such buildings, plant or apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition (or to any other condition which may be agreed with the local planning authority).

PART 16 — DEVELOPMENT FOR SEWERAGE AND SEWAGE DISPOSAL

Permitted development

A

Any development not above ground level on behalf of a water authority required in connection with the provision, improvement, maintenance or repair of a sewer, outfall pipe or sludge main or associated apparatus.

Interpretation of Class A

A.1

For the purposes of Class A “water authority” includes a development corporation authorised under section 34 of the New Town Act 1981[^f00051] to exercise powers relating to sewerage or sewage disposal.

PART 17 — DEVELOPMENT BY STATUTORY UNDERTAKERS

Class A — Railway or light railway undertakings

Permitted development

A

Development by railway undertakers on their operational land, required in connection with the movement of traffic by rail.

Development not permitted

A.1

Development is not permitted by Class A if it consists of or includes—

(a) the construction of a railway,

(b) the constructions or erection of a hotel, railway station or bridge, or

(i) an office, residential or educational building, or a building used for an industrial process,

(ii) a car park, shop, restaurant, garage, petrol filling station or other building or structure provided under transport legislation.

Interpretation of Class A

A.2

For the purposes of Class A references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected.

Permitted development

B

Development on operational land by statutory undertakers or their lessees in respect of dock, pier, harbour, water transport, or canal or inland navigation undertakings, required—

(a) for the purposes of shipping, or

(b) in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, pier or harbour, or with the movement of traffic by canal or inland navigation or by any railway forming part of the undertaking.

Development not permitted

B.1

Development is not permitted by Class B if it consists of or includes—

(a) the construction or erection of a hotel, or of a bridge or other building not required in connection with the handling of traffic,

(b) the construction or erection otherwise then wholly within the limits of a dock, pier or harbour of—

(i) an educational building, or

(ii) a car park, shop, restaurant, garage, petrol filling station or other building provided under transport legislation.

Interpretation of Class B

B.2

For the purposes of Class B references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected.

Class C — Works to inland waterways

Permitted development

C

The improvement, maintenance or repair of an inland waterway (other than a commercial waterway or cruising waterway) to which section 104 of the Transport Act 1968[^f00052] applies, and the repair or maintenance of a culvert, weir, lock, aqueduct, sluice, reservoir, let-off valve or other work used in connection with the control and operation of such a waterway.

Class D — Dredgings

Permitted development

D

The use of any land by statutory undertakers in respect of dock, pier, harbour, water transport, canal or inland navigation undertaking for the spreading of any dredged material.

Class E — Water or hydraulic power undertakings

Permitted development

E

Development for the purposes of their undertaking by statutory undertakers for the supply of water or hydraulic power consisting of—

(a) development not above ground level required in connection with the supply of water or for conserving, redistributing or augmenting water resources, or for the conveyance of water treatment sludge,

(b) development in, on or under any watercourse and required in connection with the improvement or maintenance of that watercourse,

(c) the provision of a building, plant, machinery or apparatus in, on, over or under land for the purpose of survey or investigation,

(d) the maintenance, improvement or repair of works for measuring the flow in any watercourse or channel,

(e) the installation in a water distribution system of a booster station, valve house, meter or switch-gear house,

(f) any works authorised by or required in connection with an order made under section 1 or 2 of the Drought Act 1976[^f00053],

(g) any other development in, on, over or under operational land other than the provision of a building but including the extension or alteration of a building.

Development not permitted

E.1

Development is not permitted by Class E if—

(a) in the case of any Class E(a) development, it would include the construction of a reservoir,

(b) in the case of any Class E(e) development involving the installation of a station or house exceeding 29 cubic metres in capacity, that installation is carried out at or above ground level or under a highway used by vehicular traffic,

(c) in the case of any Class E(g) development, it would consist of or include the extension or alteration of a building so that—

(i) its design or external appearance would be materially affected;

(ii) the height of the original building would be exceeded, or the cubic content of the original building would be exceeded by more than 25%, or

(iii) the floor space of the original building would be exceeded by more than 1,000 square metres, or

(d) in the case of any Class E(g) development, it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.

Condition

E.2

Development is permitted by Class E(c) subject to the condition that, on completion of the survey or investigation, or at the expiration of 6 months from the commencement of the development, whichever is the sooner, all such operations shall cease and all such buildings, plant or apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition (or to any other condition which may be agreed with the local planning authority).

Class F — Gas Suppliers

Permitted development

F

Development by a public gas supplier required for the purposes of its undertaking consisting of—

(a) the laying underground of mains, pipes or other apparatus;

(b) the installation in a gas distribution system of apparatus for measuring, recording, controlling or varying the pressure, flow or volume of gas, and structures for housing such apparatus;

(c) the construction in any storage area or protective area specified in an order made under section 4 of the Gas Act 1965[^f00054], of boreholes, and the erection or construction in any such area of any plant or machinery required in connection with the construction of such boreholes;

(d) the placing and storage on land of pipes and other apparatus to be included in a main or pipe which is being or is about to be laid or constructed in pursuance of planning permission granted or deemed to be granted under Part III of the Act;

(e) the erection on operational land of the public gas supplier of a building solely for the protection of plant or machinery;

(f) any other development carried out in, on, over or under the operational land of the public gas supplier.

Development not permitted

F.1

Development is not permitted by Class F if—

(a) in the case of any Class F(b) development involving the installation of a structure for housing apparatus exceeding 29 cubic metres in capacity, that installation would be carried out at or above ground level, or under a highway used by vehicular traffic,

(b) in the case of any Class F(c) development

(i) the borehole is shown in an order approved by the Secretary of State for Energy for the purpose of section 4(6) of the Gas Act 1965; or

(ii) any plant or machinery would exceed 6 metres in height,

(d) in the case of any Class F(f) development—

(i) it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected;

(ii) it would involve the installation of plant or machinery exceeding 15 metres in height, or capable without the carrying out of additional works of being extended to a height exceeding 15 metres; or

(iii) it would consist of or include the replacement of any plant or machinery, by plant or machinery exceeding 15 metres in height or exceeding the height of the plant or machinery replaced, whichever is the greater.

Conditions

F.2

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

(a) in the case of any Class F(a) development, not less than 8 weeks before the beginning of operations to lay a notifiable pipeline, the public gas supplier shall give notice in writing to the local planning authority of its intention to carry out that development, identifying the land under which the pipeline is to be laid,

(b) in the case of any Class F(d) development, on completion of the laying or construction of the main or pipe, or at the expiry of a period of 9 months from the beginning of the development, whichever is the sooner, the pipe or apparatus shall be removed and the land restored as soon as reasonably practicable to its condition before the development took place (or to any other condition which may be agreed with the local planning authority),

(c) in the case of any Class F(e) development, approval of the details of the design and external appearance of the building shall be obtained, before the development is begun, from—

(i) in Greater London or a metropolitan county, the local planning authority,

(ii) in a National Park, outside a metropolitan county, the county planning authority,

(iii) in any other case, the district planning authority.

Class G — Electricity Undertakings

Permitted development

G

Development by statutory undertakers for the supply of electricity for the purposes of their undertaking consisting of—

(a) the laying underground of pipes, cables or any other apparatus, and the construction of shafts and tunnels reasonably necessary in connection with such pipes, cables or apparatus;

(b) the installation in an electric line of feeder or service pillars or transforming or switching stations or chambers;

(d) the sinking of boreholes to ascertain the nature of the subsoil and the installation of any plant or machinery reasonably necessary in connection with such boreholes;

(e) the extension or alteration of buildings on operational land;

(f) the erection on operational land of the undertaking of a building solely for the protection of plant or machinery;

(g) any other development carried out in, on, over or under the operational land of the undertaking.

Development not permitted

G.1

Development is not permitted by Class G if—

(a) in the case of any Class G(b) development involving the installation of a chamber for housing apparatus exceeding 29 cubic metres in capacity, that installation would be carried out at or above ground level, or under a highway used by vehicular traffic;

(b) in the case of any Class G(e) development—

(i) the height of the original building would be exceeded,

(ii) the cubic content of the original building would be exceeded by more than 25% (or 10% in the case of any building on article 1(5) land), or

(iii) the floorspace of the original building would be exceeded by more than 1000 square metres (or 500 square metres in the case of any building on article 1(5) land);

(d) in the case of any Class G(g) development, it would consist of or include—

(i) the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected, or

(ii) the installation or erection by way of addition or replacement of any plant or machinery exceeding 15 metres in height or the height of any plant or machinery replaced, whichever is the greater.

Conditions

G.2

Development is permitted by Class G subject to the following conditions—

(a) in the case of any Class G(d) development, on the completion of that development, or at the end of a period of six months from the beginning of that development (whichever is the sooner) any such plant or machinery shall be removed and the land shall be restored as soon as reasonably practicable to its condition before the development took place,

(b) in the case of any Class G(f) development, approval of details of the design and external appearance of the buildings shall be obtained, before development is begun, from—

(i) in Greater London or a metropolitan county, the local planning authority,

(ii) in a National Park, outside a metropolitan county, the county planning authority,

(iii) in any other case, the district planning authority.

Class H — Tramway or road transport undertakings

Permitted development

H

Development required for the purposes of the carrying on of any tramway or road transport undertaking consisting of—

(a) the installation of posts, overhead wires, underground cables, feeder pillars or transformer boxes in, on, over or adjacent to a highway for the purpose of supplying current to public service vehicles;

(b) the installation of tramway tracks, and conduits, drains and pipes in connection with such tracks for the working of tramways;

(c) the installation of telephone cables and apparatus, huts, stop posts and signs required in connection with the operation of public service vehicles;

(d) the erection or construction and the maintenance, improvement or other alteration of passenger shelters and barriers for the control of people waiting to enter public service vehicles;

(e) any other development on operational land of the undertaking.

Development not permitted

H.1

Development is not permitted by Class H, if it would consist of—

(a) in the case of any Class H(a) development, the installation of a structure exceeding 17 cubic metres in capacity,

(b) in the case of any Class H(e) development—

(i) the erection of a building or the reconstruction or alteration of a building where the design or external appearance would be materially affected,

(ii) the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any plant or machinery it replaces, whichever is the greater,

(iii) development, not wholly within an omnibus or tramway station, in pursuance of powers contained in transport legislation.

Class I — Lighthouse undertakings

Permitted development

I

Development required for the purposes of the functions of a general or local lighthouse authority under the Merchant Shipping Act 1894[^f00055] and any other statutory provision made with respect to a local lighthouse authority, or in the exercise by a local lighthouse authority of rights, powers or duties acquired by usage prior to the Act of 1894.

Development not permitted

I.1

Development is not permitted by Class I if it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected.

Class J — Post Office

Permitted development

J

Development required for the purposes of the Post Office consisting of—

(a) the installation of posting boxes or self-service machines,

(b) any other development carried out in, on, over or under the operational land of the undertaking.

Development not permitted

J.1

Development is not permitted by Class J if—

(a) it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected, or

(b) it would consist of or include the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any existing plant or machinery, whichever is the greater.

PART 18 — AVIATION DEVELOPMENT

Class A— — Development at an airport

Permitted development

A

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