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The Town and Country Planning (General Permitted Development) Order 1995

Type Statutory-Instrument

Publication 1995-02-22

Last updated 2025-12-15

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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

(g) the development would be within 5 metres of the 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.

Condition

B.2

Development is permitted by Class B subject to the condition that the building or enclosure is only used for the storage of shopping trolleys.

Interpretation of Class B

B.3

For the purposes of Class B—

“residential purposes” means a building used for any purpose within Part C of the Schedule to the Use Classes Order, as a hostel or as a flat and includes buildings used in part for residential purposes and in part for other purposes;

“shop” means a building used for any purpose within Class A1 of the Schedule to the Use Classes Order; and

“trolley store” means a building or enclosure designed to be used for the storage of shopping trolleys.

Class C

Permitted Development

C

C. The erection or construction of a refuse or cycle store within the curtilage of a shop or financial or professional services establishment.

Development not permitted

C.1

Development is not permitted by Class C if—

(a) the gross floor space of the building or enclosure would exceed 20 square metres;

(b) any part of the building or enclosure erected would be within;

(i) 5 metres of the boundary of the curtilage of the premises; or

(ii) 20 metres of any building used for residential purposes;

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

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

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

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

Condition

C.2

Development is permitted by Class C subject to the condition that the building or enclosure is only used for the storage of refuse or bicycles.

Interpretation of Class C

C.3

For the purposes of Class C—

“cycle store” means a building or enclosure designed to be used for the storage of bicycles;

“refuse store” means a building or enclosure designed to be used for the storage of refuse which may include recycling;

“residential purposes” means a building used for any purpose within Part C of the Schedule to the Use Classes Order, as a hostel or as a flat and includes buildings used in part for residential purposes and in part for other purposes; and

“shop or financial or professional services establishment” means a building used for any purpose within Classes A1 or A2 of the Schedule to the Use Classes Order.

A.4A

Where Class A permits the installation, alteration or replacement of any electronic communications apparatus, the permission extends to any—

(a) casing or covering;

(b) mounting, fixing, bracket or other support structure;

(d) handrails, steps or ramps; or

(e) security equipment;

reasonably required for the purposes of the electronic communications apparatus.

A.4B

Nothing in paragraph A.4A extends the permission in Class A to include the installation, alteration or replacement of anything mentioned in paragraph A.4A(a) to (e) on any land which is, or is within, a site of special scientific interest if the inclusion of such an item would not have been permitted by Class A, as read without reference to paragraph A.4A.

Interpretation of Class B

B.1

For the purposes of Class B “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.

Development not permitted

A.1

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Conditions

A.2

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Interpretation of Class A

A.3

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Development not permitted

AA.1

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Conditions

AA.2

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Interpretation of Class AA

AA.3

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Development not permitted

C.1

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Conditions

C.2

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Interpretation of Class C

C.3

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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.

Class 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

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;

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

Development not permitted

PART 17A — Installation of devolved associated lines

Class A

Permitted Development

A

Development by statutory undertakers for the generation, transmission or supply of electricity for the purposes of their statutory undertaking consisting of—

(a) the installation of a devolved associated line with a nominal voltage not exceeding 20 kilovolts used or intended to be used for supplying a single consumer;

(b) the installation of so much of a devolved associated line as is or will be within premises in the occupation or control of the person responsible for its installation;

(i) connects an electric line installed below ground with apparatus mounted on a pole or structure; and

(ii) is attached to the pole or structure throughout its length except where it passes through a fuse or other apparatus;

(d) the installation for a period not exceeding six months of a devolved associated line which connects two points on an existing line which are no further apart than the maximum distance so as to provide a diversion for the existing line;

(e) the installation of a devolved associated line attached to a building where the building in question crosses a road, railway or watercourse and its principal purpose is not the support of the line;

(f) the installation of a devolved associated line which replaces an existing line whether or not it is installed in the same position as the existing line in question;

(g) the installation of one or more additional poles to support an existing devolved associated line;

(h) the installation of a devolved associated line which has been, or is to be, installed in accordance with a power conferred by, or by an order made under, an Act of Parliament or an Act of the National Assembly for Wales.

Development not permitted

A.1

(1) Development is not permitted by Class A if:

(a) in the case of any Class A(d) and (f) development, any part of the line is within a European site or a site of special scientific interest;

(b) (save as provided for in paragraph A.2(3)) in the case of any Class A(d), (f) or (g) development—

(i) the line is to be installed in a different position from the existing line; or

(ii) the height above the surface of the ground of any support for the line will exceed the height of the highest support which is to be replaced;

(iii) the installation will be in a National Park or an area of outstanding natural beauty,

and it is determined there is likely to be a significant adverse effect on the environment;

(c) in the case of any Class A(e) development, the building in question is a scheduled monument, a listed building or in a conservation area;

(d) in the case of any Class A(f) development the line has a nominal voltage greater than the nominal voltage of the existing line.

(2) For the purposes of paragraph A.1(b) it is determined that there is likely to be a significant adverse effect on the environment if—

(a) notice is given by the person proposing to carry out the installation to the local planning authority of that proposal; and

(b) the authority, within six weeks of receiving that notice—

(i) determines that if the installation were completed in accordance with the proposal it would in the opinion of that authority be likely to have a significant adverse effect on the environment; and

(ii) notifies the person by whom the notice was given and the Welsh Ministers of that determination.

Conditions

A.2

(1) Development is permitted in the case of any Class A (f) and (g) development subject to the following conditions—

(a) that any conditions applicable to the existing line contained in—

(i) a consent granted under section 37(1) of the Electricity Act 1989 (consent required for overhead lines) or paragraph 10(b) of the Schedule to the Electric Lighting (Clauses) Act 1899; or

(ii) an order granting development consent under the Planning Act 2008, or

(iii) a planning permission relating to the height, design or position of the existing line which are capable of being applied to the installation; or

(iv) an order granting infrastructure consent under the Infrastructure (Wales) Act 2024;

are complied with;

(b) that the height above the surface of the ground of any support for the line does not exceed the height of the highest existing support or support which is being replaced by more than 10 per cent;

(c) that where the line is installed in a different position from the existing line the distance between any small support and the existing line does not exceed 30 metres and the distance between any other support and the existing line does not exceed 60 metres; and

(d) that where the line is installed in a different position from the existing line, the existing line is removed within twelve months from the date on which the installation of the line which replaces it is completed.

(2) Development is permitted in the case of any Class A(d) development subject to the conditions that—

(a) at the end of a period of six months from the date on which the installation is completed or on the ending of the diversion (whichever is the sooner) the devolved associated line is removed; and

(b) the land on which any operations have been carried out is restored as soon as reasonably practicable to its condition before the development took place.

(3) Where it is necessary to make emergency repairs to an existing devolved associated line in a National Park or an area of outstanding natural beauty—

(a) the limitation in paragraph A.1.(1)(b) does not apply; and

(b) development is permitted subject to the condition that the person making those emergency repairs must notify the local planning authority as soon as practicable that those repairs have been, are being or will be made.

Interpretation of Class A

A.3

(1) For the purposes of this Part—

“devolved associated line” means an electric line which—is above ground;has a nominal voltage of 132 kilovolts or less, andis associated with the construction or extension of a devolved Welsh generating station granted planning permission or consented to on or after 1 April 2019;

“devolved Welsh generating station” has the same meaning as in section 37(2B) of the Electricity Act 1989;

“electric line” has the meaning assigned to that term by section 64(1) of the Electricity Act 1989 (interpretation etc. of Part 1);

“European site” has the same meaning as in regulation 8 of the Conservation of Habitats and Species Regulations 2017);

“an existing line” means an electric line which—has been installed or is kept installed above ground in accordance with a consent granted under section 37(1) of the Electricity Act 1989 or an order granting development consent under the Planning Act 2008 or planning permission; orhas been installed above ground and is an electric line to which section 37(1) of the Electricity Act 1989 does not apply by virtue of paragraph 5(4) or (5) of Schedule 17 to that Act;

“small support” means a support for an electric line which does not exceed 10 metres in height.

(2) For the purposes of Class A(d) development “maximum distance” means—

(a) in relation to a devolved associated line which has a nominal voltage less than 66 kilovolts, 500 metres; and

(b) in relation to any other devolved associated line, 850 metres.

(3) For the purposes of paragraph A.2(1)(c), any reference to the distance between a support and an existing line is a reference to the shortest distance between the centre of the base of that support and an imaginary line through the centre of the base of each support for the existing line.

Class A

Permitted Development

Development not permitted

Conditions

Prior approval

Interpretation of Class A

Extent of Permission

A.5

Where Class A permits the installation, alteration or replacement of any electronic communications apparatus, the permission extends to any—

(a) casing or covering;

(b) mounting, fixing, bracket or other support structure;

(d) handrails, steps or ramps; or

(e) security equipment;

reasonably required for the purposes of the electronic communications apparatus.

A.6

Nothing in paragraph A.5 extends the permission in Class A to include the installation, alteration or replacement of anything mentioned in paragraph A.5(a) to (e) on any land which is, or is within, a site of special scientific interest if the inclusion of such an item would not have been permitted by Class A, as read without reference to paragraph A.5.

Development not permitted

PART 12A — Emergency Development by Local Authorities

Class A

Permitted development

A

Development by a local authority on land owned, leased, occupied or maintained by it for the purposes of—

(a) preventing an emergency;

(b) reducing, controlling or mitigating the effects of an emergency; or

Conditions

A.1

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

(a) 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; ...

(b) on or before the expiry date—

(i) any use of that land for a purpose of Class A must cease and any buildings, plant, machinery, structures and erections permitted by Class A must be removed; and

(ii) the 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

(i) for developments which begin before 30 March 2021 the date eighteen months after the date on which the development began; and

(ii) for developments which begin on or after 30 March 2021 the date twelve months after the date on which the development began.

Interpretation of Class A

A.2

(1) For the purposes of Class A, “emergency” means an event or situation which threatens serious damage to human welfare in a place in the United Kingdom.

(2) For the purposes of 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;

(d) damage to property;

(e) disruption of a supply of money, food, water, energy or fuel;

(f) disruption of a system of communication;

(g) disruption of facilities for transport; or

(h) disruption of services relating to health.

PART 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; ...

(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

(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.

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—by the Health and Safety Executive for the purposes of paragraph (c) of the Table in Schedule 4 to the Procedure Order (or any previous powers to the like effect); orby the Office for Nuclear Regulation for the purposes of paragraph (d) of that Table.

(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;

PART 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—an allotment including an allotment garden within the meaning of the Allotments Act 1922; orany other land used or intended for use—by one or more communities,wholly or mainly for the cultivation of vegetables, fruit, herbs or flowers, andotherwise than with a view to making a profit;

“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.

PART 4A — TEMPORARY CHANGES OF USE

Class A

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

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

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;

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;

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;

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

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;

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;

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;

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

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;

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;

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

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;

Interpretation of Class F

F.2

For the purposes of Class F—

“furniture” means—counters or stalls for selling or serving food or drink,tables, counters or shelves on which food or drink can be placed,chairs, benches or other forms of seating, andumbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink;

“relevant highway” means—a highway to which Part 7A of the Highways Act 1980 applies, andwhich is not over Crown land or maintained by Network Rail;

“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—city centre shopping area;central shopping area;central shopping centre;district centre;district, local, village or neighbourhood centre;district shopping centre;local centre;principal town centre boundary;shopping area;shopping zone;Swansea central area;town and district retail centre;town centre;town centre area;town centre boundary;town/district centre boundary;retail area;retail and commercial hierarchy; orretail centre;

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

Class D — Hospitality uses – awnings

Permitted Development

D

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

Development not permitted

D.1

Development is not permitted by Class D if—

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

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

Conditions

D.2

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

(a) the awning must be fully retractable;

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

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

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

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

(i) the installation of an awning;

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

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

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

Interpretation of Class D

D.3

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

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;

(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.

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;

(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.

SCHEDULE 2A — Procedures for Article 4 directions

Procedure for article 4(1) directions without immediate effect

1

(1) Unless paragraph 2 applies, notice of any direction made under article 4(1) of this Order must, as soon as practicable after the direction has been made, be given by the local planning authority—

(a) by local advertisement;

(b) by site display for a period of not less than 6 weeks—

(i) at no fewer than 2 locations within the area to which the direction relates, or

(ii) if the direction is made under article 4(1)(b), on the site of the particular development to which the direction relates; and

(c) by serving the notice on the owner and occupier of every part of the land within the area or site to which the direction relates, but this is subject to sub-paragraph (2).

(2) The local planning authority need not serve notice on an owner or occupier in accordance with sub-paragraph (1)(c), if they consider that—

(a) individual service on that owner or occupier is impracticable because it is difficult to identify or locate that person, or

(b) the number of owners or occupiers within the area to which the direction relates makes individual service impracticable, but this is subject to sub-paragraph (3).

(3) Sub-paragraph (2) does not apply where the owner or occupier is a statutory undertaker or the Crown.

(4) The notice referred to in sub-paragraph (1) must—

(a) include a description of the development and the area or site to which it relates,

(b) include a statement of the effect of the direction,

(d) name a place where a copy of the direction, and a copy of a map defining the area or site to which it relates, may be seen during normal working hours,

(e) specify a period of at least 21 days, stating the date on which that period begins, within which any representations concerning the direction may be made to the local planning authority, and

(f) specify the date on which it is proposed that the direction will take effect, which must be at least 28 days but no longer than 2 years after the date specified under paragraph (e).

(5) Where a notice given by site display is, without any fault or intention of the local planning authority, removed, obscured, or defaced before the end of the period specified under sub-paragraph (4)(e), the authority is treated as having complied with that sub-paragraph if they have taken reasonable steps for the protection of the notice, including, if need be, its replacement.

(6) The local planning authority must send a copy of the direction and the notice under sub-paragraph (1), and a copy of a map defining the area or site to which it relates, to the Welsh Ministers on the same day that notice of the direction is first published or displayed in accordance with sub-paragraph (1).

(7) The direction takes effect on the date specified in accordance with sub-paragraph 4(f) but only if it is confirmed by the local planning authority in accordance with sub-paragraphs (8) and (9).

(8) In deciding whether to confirm a direction made under article 4(1) the local planning authority must take into account any representations received during the period specified under sub-paragraph 4(e).

(9) The local planning authority must not confirm a direction until after the later of—

(a) a period of at least 28 days beginning with the latest day any notice relating to the direction was served or published, or

(b) such longer period as may be specified by the Welsh Ministers following the notification of the direction by the local planning authority to the Welsh Ministers.

(10) The local planning authority must, as soon as practicable after a direction has been confirmed—

(a) give notice of confirmation and the date on which the direction takes effect, in accordance with sub paragraph (11), and

(b) send a copy of the direction as confirmed to the Welsh Ministers.

(11) Notice under sub-paragraph 10(a) must be given in the manner described in sub-paragraphs (1) and (4)(a) to (c); and sub-paragraphs (2) and (3) apply for this purpose as they apply for the purpose of sub-paragraph (1)(c).

(12) A local planning authority may, by making a subsequent direction, withdraw any direction made by them under article 4(1).

(13) The Welsh Ministers may make a direction withdrawing or varying any direction under article 4(1) made by a local planning authority or by the Welsh Ministers, at any time before or after its confirmation.

(14) Sub-paragraphs (1) to (11) apply in relation to any direction made under sub-paragraph (12) by a local planning authority unless the direction it is withdrawing is a direction to which paragraph 2 applied.

(15) Paragraphs 2(2) and (4) to (7) apply in relation to any direction made by a local planning authority under sub-paragraph (12) withdrawing a direction to which paragraph 2 applied.

(16) The Welsh Ministers must notify the local planning authority as soon as practicable after making a direction under article 4(1) or sub-paragraph (13).

(17) Sub-paragraphs (1) to (3) and (4)(a) to (c) apply to any direction made under sub-paragraph (13) by the Welsh Ministers.

(18) A direction made under sub-paragraph (13) by the Welsh Ministers takes effect —

(a) on the date on which the notice is served under sub-paragraph (1)(c) on the occupier, or if there is no occupier, on the owner; or

(b) if sub-paragraph (2) applies, on the date on which the notice was first advertised or displayed in accordance with sub-paragraph (1).

Procedure for article 4(1) directions with immediate effect

2

(1) This paragraph applies where—

(a) a direction relating only to development permitted by any of—

(i) Part 1 (development within the curtilage of a dwellinghouse);

(ii) Part 2 (minor operations);

(iii) Part 3 (changes of use), excluding development permitted by paragraphs (b)(i) and (c)(i) of Class I;

(iv) Part 4 (temporary buildings and uses);

(v) Part 31 (demolition of buildings);

of Schedule 2 has been made by the local planning authority or the Welsh Ministers under article 4(1) and the planning authority consider that the development to which the direction relates would be prejudicial to the proper planning of their area or constitute a threat to the amenities of their area; or

(b) a direction within the whole or part of any conservation area has been made by the local planning authority or the Welsh Ministers under article 4(1) which the planning authority considers should have immediate effect and the development to which the direction relates is described in sub-paragraph (3).

(2) Paragraphs 1(1) to (3), (4)(a) to (e), (5), and (8) and (9) apply in relation to a direction to which this paragraph applies; and the planning authority must notify the Welsh Ministers of the direction on the same day that notice is given under paragraph 1(1).

(3) The development referred to in sub-paragraph (1)(b) is development described in—

(a) Class A of Part 1 of Schedule 2, consisting of the enlargement, improvement or other alteration of a dwellinghouse, where any part of the enlargement, improvement or alteration would front a relevant location;

(b) Class C of Part 1 of that Schedule, where the alteration would be to a roof slope which fronts a relevant location;

(d) Class E of Part 1 of that Schedule, where the building or enclosure, raised platform, swimming or other pool to be provided would front a relevant location, or where the part of the building or enclosure maintained, improved or altered would front a relevant location;

(e) Class F of Part 1 of that Schedule, where the hard surface would front a relevant location;

(f) Class H of Part 1 of that Schedule, where the part of the building or other structure on which the antenna is to be installed, altered or replaced fronts a relevant location;

(g) Part 1 of that Schedule, consisting of the installation, alteration or removal of a chimney on a dwellinghouse or on a building within the curtilage of a dwellinghouse;

(h) Class A of Part 2 of that Schedule, where the gate, fence, wall or other means of enclosure would be within the curtilage of a dwellinghouse and would front a relevant location;

(i) Class C of Part 2 of that Schedule, consisting of the painting of the exterior of any part, which fronts a relevant location, of—

(i) a dwellinghouse; or

(ii) any building or enclosure within the curtilage of a dwellinghouse;

(j) Class B of Part 31 of that Schedule, where the gate, fence, wall or other means of enclosure is within the curtilage of a dwellinghouse and fronts a relevant location.

(4) The direction takes effect —

(a) on the date on which the notice is served under paragraph 1(1)(c) on the occupier of that part of the land or, if there is no occupier, on the owner; or

(b) if paragraph 1(2) applies, on the date on which the notice is first published or displayed in accordance with paragraph 1(1).

(5) A direction to which this paragraph applies expires at the end of 6 months beginning with the day on which it takes effect, unless it is confirmed by the local planning authority in accordance with paragraphs 1(8) and (9), before the end of that period.

(6) The local planning authority must, as soon as practicable after a direction has been confirmed—

(a) give notice of their confirmation; and

(b) send a copy of the direction as confirmed to the Welsh Ministers.

(7) Notice under sub-paragraph (6)(a) must be given in the manner described in paragraphs 1(1) and 4(a) to (c); and paragraphs 1(2) and (3) apply for this purpose as they apply for the purpose of paragraph 1(1)(c).

(8) In this paragraph, “relevant location” means a highway, waterway or open space.

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