The Town and Country Planning (General Permitted Development) (England) Order 2015

Type Statutory-Instrument
Publication 2015-03-18
Last updated 2026-04-09
State In force
Department King's Printer of Acts of Parliament
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  • (n) development under Class AB(3)(c) would extend beyond the curtilage of the existing building;
  • (o) development under Class AB(3)(d) would—
  • (i) extend beyond the curtilage of the existing building;
  • (ii) be situated on land forward of a wall forming the principal elevation of the existing building; or
  • (iii) be situated on land forward of a wall fronting a highway and forming a side elevation of the existing building; or
  • (p) the land or site on which the building is located, is or forms part of—
  • (i) article 2(3) land;
  • (ii) a site of special scientific interest;
  • (iii) a listed building or land within its curtilage;
  • (iv) a scheduled monument or land within its curtilage;
  • (v) a safety hazard area;
  • (vi) a military explosives storage area; or
  • (vii) land within 3 kilometres of the perimeter of an aerodrome.

Conditions

AB.2
  • (1) Where any development under Class AB is proposed, development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for prior approval of the authority as to—
  • (a) transport and highways impacts of the development;
  • (b) air traffic and defence asset impacts of the development;
  • (c) contamination risks in relation to the building;
  • (d) flooding risks in relation to the building;
  • (e) the external appearance of the building, including—
  • (i) the design and architectural features of —
  • (aa) the principal elevation; and
  • (bb) any side elevation that fronts a highway; and
  • (ii) the impact of any works under paragraph AB(3)(c) or (d);
  • (f) the provision of adequate natural light in all habitable rooms of the new dwellinghouses;
  • (g) impact on the amenity of the existing building and neighbouring premises including overlooking, privacy and the loss of light;
  • (h) impacts of noise from any commercial premises on the intended occupiers of the new dwellinghouses;
  • (i) impacts of the introduction of, or an increase in, a residential use of premises in the area on the carrying on of any trade, business or other use of land in the area;
  • (j) whether, because of the siting of the building, the development will impact on a protected view identified in the Directions Relating to Protected Vistas dated 15th March 2012 issued by the Secretary of State,

and the provisions of paragraph B (prior approval) of this Part apply in relation to that application.

  • (2) In sub-paragraph (1)(h), “commercial premises” means any premises in the building or the surrounding area which are normally used for the purpose of carrying on any trade or business, and includes any premises licensed under the Licensing Act 2003 or any other place of public entertainment..
  • (3) Any development under Class AB is permitted subject to the condition that the development must not include a window in any wall or roof slope forming a side elevation of the building.
  • (4) Any development under Class AB is permitted subject to the condition that it must be completed within a period of 3 years starting with the date prior approval is granted.
  • (5) Any development under Class AB is permitted subject to the condition that before beginning the development, the developer must provide the local planning authority with a report for the management of the construction of the development, which sets out the proposed development hours of operation and how any adverse impact of noise, dust, vibration and traffic on occupiers of the building and adjoining owners or occupiers will be mitigated.
  • (6) The developer must notify the local planning authority of the completion of the development as soon as reasonably practicable after completion.
  • (7) The notification referred to in sub-paragraph (6) must be in writing and must include—
  • (a) the name of the developer;
  • (b) the address or location of the development; and
  • (c) the date of completion.
  • (8) Following the development, every dwellinghouse in the building must remain in use as a dwellinghouse within the meaning of Class C3 of the Schedule to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use as a dwellinghouse.

Class AC - new dwellinghouses on terrace buildings in use as dwellinghouses

Permitted development

AC
  • (1) Development consisting of works for the construction of new dwellinghouses immediately above the topmost storey on a terrace building in use as a single dwellinghouse within the meaning of Class C3 of the Schedule to the Use Classes Order, where the development comprises—
  • (a) up to two additional storeys, in the case of an existing dwellinghouse consisting of two or more storeys;
  • (b) one additional storey, in the case of an existing dwellinghouse consisting of one storey,

together with any development under sub-paragraph (2).

  • (2) Development consisting of any or all—
  • (a) engineering operations reasonably necessary to construct the additional storeys and new dwellinghouses;
  • (b) works for the construction of appropriate and safe access to and egress from the new and existing dwellinghouses, including means of escape from fire, via additional external doors or external staircases;
  • (c) works for the construction of storage, waste or other ancillary facilities reasonably necessary to support the new dwellinghouses.

Development not permitted

AC.1

Development is not permitted by Class AC if—

  • (za) the permission to use the building as a dwellinghouse has been granted only by virtue of Class MA of Part 3 of this Schedule;
  • (a) the building was constructed before 1st July 1948 or after 5th March 2018;
  • (b) on 5th March 2018 the building was in a use other than—
  • (i) a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order; or
  • (ii) a use or mixed use within paragraph AA(2)(a) or (b) of this Part;
  • (c) the additional storeys are constructed other than on the principal part of the dwellinghouse;
  • (d) the floor to ceiling height of any additional storey, measured internally, would exceed the lower of—
  • (i) 3 metres; or
  • (ii) the floor to ceiling height, measured internally, of any storey of the principal part of the existing dwellinghouse;
  • (e) the new dwellinghouses are not flats;
  • (f) the height of the highest part of the roof of the extended building would be greater than 18 metres;
  • (g) the height of the highest part of the roof of the extended building would exceed by more than 3.5 metres the height of the highest part of the roof of every other building in the row of terrace buildings of which it forms part;
  • (h) the height of the highest part of the roof of the extended building would exceed the height of the highest part of the roof of the existing dwellinghouse by more than—
  • (i) 3.5 metres, where the existing dwellinghouse consists of one storey; or
  • (ii) 7 metres, where the existing dwellinghouse consists of more than one storey;
  • (i) the existing dwellinghouse has been enlarged by the addition of one or more storeys above the original dwellinghouse, whether in reliance on permission granted under Class AA of Part 1 or otherwise;
  • (j) development under Class AC(2)(a) would include the provision of visible support structures on or attached to the exterior of the building upon completion of the development;
  • (k) development under Class AC(2)(a) would consist of engineering operations other than works within the existing curtilage of the dwellinghouse to—
  • (i) strengthen existing walls;
  • (ii) strengthen existing foundations; or
  • (iii) install or replace water, drainage, electricity, gas or other services;
  • (l) development under Class AC(2)(b) would extend beyond the curtilage of the existing dwellinghouse;
  • (m) development under Class AC(2)(c) would—
  • (i) extend beyond the curtilage of the existing dwellinghouse;
  • (ii) be situated on land forward of a wall forming the principal elevation of the existing dwellinghouse; or
  • (iii) be situated on land forward of a wall fronting a highway and forming a side elevation of the existing dwellinghouse; or
  • (n) the land or site on which the dwellinghouse is located, is or forms part of—
  • (i) article 2(3) land;
  • (ii) a site of special scientific interest;
  • (iii) a listed building or land within its curtilage;
  • (iv) a scheduled monument or land within its curtilage;
  • (v) a safety hazard area;
  • (vi) a military explosives storage area; or
  • (vii) land within 3 kilometres of the perimeter of an aerodrome.

Conditions

AC.2
  • (1) Where any development under Class AC is proposed, development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for prior approval of the authority as to—
  • (a) transport and highways impacts of the development;
  • (b) air traffic and defence asset impacts of the development;
  • (c) contamination risks in relation to the building;
  • (d) flooding risks in relation to the building;
  • (e) the external appearance of the building, including—
  • (i) the design and architectural features of—
  • (aa) the principal elevation; and
  • (bb) any side elevation that fronts a highway; and
  • (ii) the impact of any works under paragraph AC(2)(b) or (c);
  • (f) the provision of adequate natural light in all habitable rooms of the new dwellinghouses;
  • (g) impact on the amenity of the neighbouring premises including overlooking, privacy and the loss of light;
  • (h) whether, because of the siting of the building, the development will impact on a protected view identified in the Directions Relating to Protected Vistas dated 15th March 2012 issued by the Secretary of State,

and the provisions of paragraph B (prior approval) of this Part apply in relation to that application.

  • (2) Any development under Class AC is permitted subject to the following conditions—
  • (a) the materials used in any exterior work must be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse;
  • (b) following the development, the roof pitch of the principal part of the building must be the same as the roof pitch of the principal part of the existing dwellinghouse; and
  • (c) the development must not include a window in any wall or roof slope forming a side elevation of the dwellinghouse.
  • (3) Any development under Class AC is permitted subject to the condition that it must be completed within a period of 3 years starting with the date prior approval is granted.
  • (4) Any development under Class AC is permitted subject to the condition that before beginning the development, the developer must provide the local planning authority with a report for the management of the construction of the development, which sets out the proposed development hours of operation and how any adverse impact of noise, dust, vibration and traffic on occupiers of the building and adjoining owners or occupiers will be mitigated.
  • (5) The developer must notify the local planning authority of the completion of the development as soon as reasonably practicable after completion.
  • (6) The notification referred to in sub-paragraph (5) must be in writing and must include—
  • (a) the name of the developer;
  • (b) the address or location of the development; and
  • (c) the date of completion.
  • (7) Following the development, every dwellinghouse in the building must remain in use as a dwellinghouse within the meaning of Class C3 of the Schedule to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use as a dwellinghouse.

Class AD - new dwellinghouses on detached buildings in use as dwellinghouses

Permitted development

  • (1) Development consisting of works for the construction of new dwellinghouses immediately above the topmost storey on a detached building in use as a single dwellinghouse within the meaning of Class C3 of the Schedule to the Use Classes Order, where the development comprises—
  • (a) up to two additional storeys, in the case of an existing dwellinghouse consisting of two or more storeys;
  • (b) one additional storey, in the case of an existing dwellinghouse consisting of one storey,

together with any development under sub‑paragraph (2).

  • (2) Development consisting of any or all—
  • (a) engineering operations reasonably necessary to construct the additional storeys and new dwellinghouses;
  • (b) works for the construction of appropriate and safe access to and egress from the new and existing dwellinghouses, including means of escape from fire, via additional external doors or external staircases;
  • (c) works for the construction of storage, waste or other ancillary facilities reasonably necessary to support the new dwellinghouses.

Development not permitted

AD.1

Development is not permitted by Class AD if—

  • (za) the permission to use the building as a dwellinghouse has been granted only by virtue of Class MA of Part 3 of this Schedule;
  • (a) the building was constructed before 1st July 1948 or after 5th March 2018;
  • (b) on 5th March 2018 the building was in a use other than—
  • (i) a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order; or
  • (ii) a use or mixed use within paragraph AA(2)(a) or (b) of this Part;
  • (c) the additional storeys are constructed other than on the principal part of the dwellinghouse;
  • (d) the floor to ceiling height of any additional storey, measured internally, would exceed the lower of—
  • (i) 3 metres; or
  • (ii) the floor to ceiling height, measured internally, of any storey of the principal part of the existing dwellinghouse;
  • (f) the new dwellinghouses are not flats;
  • (g) the height of the highest part of the roof of the extended building would be greater than 18 metres;
  • (h) the height of the highest part of the roof of the extended building would exceed the height of the highest part of the roof of the existing dwellinghouse by more than—
  • (i) 3.5 metres, where the existing dwellinghouse consists of one storey; or
  • (ii) 7 metres, where the existing dwellinghouse consists of more than one storey;
  • (i) the existing dwellinghouse has been enlarged by the addition of one or more storeys above the original building, whether in reliance on permission granted under Class AA of Part 1, or otherwise;
  • (j) development under Class AD(2)(a) would include the provision of visible support structures on or attached to the exterior of the building upon completion of the development;
  • (k) development under Class AD(2)(a) would consist of engineering operations other than works within the existing curtilage of the dwellinghouse to—
  • (i) strengthen existing walls;
  • (ii) strengthen existing foundations; or
  • (iii) install or replace water, drainage, electricity, gas or other services;
  • (l) development under Class AD(2)(b) would extend beyond the curtilage of the existing dwellinghouse;
  • (m) development under Class AD(2)(c) would—
  • (i) extend beyond the curtilage of the existing dwellinghouse;
  • (ii) be situated on land forward of a wall forming the principal elevation of the existing dwellinghouse; or
  • (iii) be situated on land forward of a wall fronting a highway and forming a side elevation of the existing dwellinghouse; or
  • (n) the land or site on which the dwellinghouse is located, is or forms part of—
  • (i) article 2(3) land;
  • (ii) a site of special scientific interest;
  • (iii) a listed building or land within its curtilage;
  • (iv) a scheduled monument or land within its curtilage;
  • (v) a safety hazard area;
  • (vi) a military explosives storage area; or
  • (vii) land within 3 kilometres of the perimeter of an aerodrome.

Conditions

AD.2
  • (1) Where any development under Class AD is proposed, development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for prior approval of the authority as to—
  • (a) transport and highways impacts of the development;
  • (b) air traffic and defence asset impacts of the development;
  • (c) contamination risks in relation to the building;
  • (d) flooding risks in relation to the building;
  • (e) the external appearance of the building, including—
  • (i) the design and architectural features of —
  • (aa) the principal elevation; and
  • (bb) any side elevation that fronts a highway; and
  • (ii) including the impact of any works under paragraph AD(2)(b) or (c);
  • (f) the provision of adequate natural light in all habitable rooms of the new dwellinghouses;
  • (g) impact on the amenity of the neighbouring premises including overlooking, privacy and the loss of light;
  • (h) whether, because of the siting of the building, the development will impact on a protected view identified in the Directions Relating to Protected Vistas dated 15th March 2012 issued by the Secretary of State,

and the provisions of paragraph B (prior approval) of this Part apply in relation to that application.

  • (2) Any development under Class AD is permitted subject to the following conditions—
  • (a) the materials used in any exterior work must be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse;
  • (b) following the development, the roof pitch of the principal part of the building must be the same as the roof pitch of the principal part of the existing dwellinghouse; and
  • (c) the development must not include a window in any wall or roof slope forming a side elevation of the building.
  • (3) Any development under Class AD is permitted subject to the condition that it must be completed within a period of 3 years starting with the date prior approval is granted.
  • (4) The developer must notify the local planning authority of the completion of the development as soon as reasonably practicable after completion.
  • (5) The notification referred to in sub-paragraph (4) must be in writing and must include—
  • (a) the name of the developer;
  • (b) the address or location of the development; and
  • (c) the date of completion.
  • (6) Following the development, every dwellinghouse in the building must remain in use as a dwellinghouse within the meaning of Class C3 of the Schedule to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use as a dwellinghouse.

Class QA – development by the Crown relating to a pandemic

Permitted development

QA

Development by or on behalf of the Crown on Crown land for the purposes of—

  • (a) preventing a pandemic;
  • (b) reducing, controlling or mitigating the effects of a pandemic; or
  • (c) taking other action in connection with a pandemic.

Conditions

QA

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

  • (a) the developer must, as soon as practicable after commencing development, notify the local planning authority of that development; and
  • (b) on or before the expiry of the period of 12 months beginning with the date on which the development began—
  • (i) any use of that land for a purpose of Class QA ceases and any buildings, plant, machinery, structures and erections permitted by Class QA is removed; and
  • (ii) the land is 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,

unless permission for the development has been granted by virtue of any provision of this Schedule or on an application under Part 3 or Part 13 of the Act.

Interpretation of Class QA

QA

For the purposes of Class QA—

  • 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 Q of Part 19 of this Schedule;
  • “pandemic” means a public health emergency of international concern within the meaning given by the International Health Regulations (2005) of the World Health Organisation adopted by the fifty-eighth World Health Assembly on 23rd May 2005;
  • “World Health Assembly” has the meaning set out in the Constitution of the World Health Organisation adopted by the International Health Conference held in New York from the 19th June to 22nd July 1946 and signed on 22nd July 1946;
  • “World Health Organisation” means the specialised agency within the terms of Article 57 of the Charter of the United Nations, established by the Constitution of the World Health Organisation.

Class BB – moveable structures for historic visitor attractions and listed pubs, restaurants etc

Permitted development

BB

The provision of one moveable structure within the curtilage, and for the purposes, of—

  • (a) a listed building used for a purpose within—
  • (i) article 3(6)(p) or (q) (drinking establishments etc.) of the Use Classes Order; or
  • (ii) Class E(b) (sale of food and drink etc.) of Schedule 2 to that Order; or
  • (b) a historic visitor attraction.

Development not permitted

BB.1

Development is not permitted by Class BB—

  • (a) on land which is or forms part of a scheduled monument or land within its curtilage;
  • (b) if any part of the moveable structure would be within 2 metres of the curtilage of any adjacent land that is used for a purpose within Part C (residential uses) of Schedule 1 to the Use Classes Order;
  • (c) if it would result in provision of a moveable structure being made within the curtilage of a building under Class BB on a total of more than 120 days in the relevant period;
  • (d) if the height of the moveable structure would exceed 3 metres;
  • (e) if the footprint of the moveable structure would exceed the lesser of—
  • (i) 50% of the footprint of the building, or
  • (ii) 50 square metres;
  • (f) if the moveable structure is used for the display of an advertisement.

Interpretation of Class BB

BB.2

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

  • (a) where the moveable structure provided under Class BB is removed, the land must, as soon as reasonably practicable and so far as reasonably practicable, be reinstated to its original condition;
  • (b) before a moveable structure is provided under Class BB (whether for the first time, or following the expiry of the relevant period), the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—
  • (i) the siting of the moveable structure, and
  • (ii) the method by which it is to be installed,

and paragraph BB.3 applies in relation to that application.

Class MA – commercial, business and service uses to dwellinghouses

Permitted development

MA

Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class E (commercial, business and service) of Schedule 2 to the Use Classes Order to a use falling within Class C3 (dwellinghouses) of Schedule 1 to that Order.

Development not permitted

MA.1
  • (1) Development is not permitted by Class MA—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) unless the use of the building fell within one or more of the classes specified in sub-paragraph (2) for a continuous period of at least 2 years prior to the date of the application for prior approval;
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (d) if land covered by, or within the curtilage of, the building—
  • (i) is or forms part of a site of special scientific interest;
  • (ii) is or forms part of a listed building or land within its curtilage;
  • (iii) is or forms part of a scheduled monument or land within its curtilage;
  • (iv) is or forms part of a safety hazard area; or
  • (v) is or forms part of a military explosives storage area;
  • (e) if the building is within—
  • (i) an area of outstanding natural beauty;
  • (ii) an area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981;
  • (iii) the Broads;
  • (iv) a National Park; or
  • (v) a World Heritage Site;
  • (f) if the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained; or
  • (g) before 1 August 2022, if—
  • (i) the proposed development is of a description falling within Class O of this Part as that Class had effect immediately before 1st August 2021; and
  • (ii) the development would not have been permitted under Class O immediately before 1st August 2021 by virtue of the operation of a direction under article 4(1) of this Order which has not since been cancelled in accordance with the provisions of Schedule 3.
  • (2) The classes mentioned in sub-paragraph (1)(b) are the following classes of the Use Classes Order—
  • (a) the following classes of the Schedule as it had effect before 1st September 2020—
  • (i) Class A1 (shops);
  • (ii) Class A2 (financial and professional services);
  • (iii) Class A3 (food and drink);
  • (iv) Class B1 (business);
  • (v) Class D1(a) (non-residential institutions – medical or health services);
  • (vi) Class D1(b) (non-residential institutions – crèche, day nursery or day centre);
  • (vii) Class D2(e) (assembly and leisure – indoor and outdoor sports), other than use as an indoor swimming pool or skating rink;
  • (b) on or after 1st September 2020, Class E (commercial, business and service) of Schedule 2.

Conditions

MA.2
  • (1) Development under Class MA is permitted subject to the following conditions.
  • (2) Before beginning development under Class MA, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—
  • (a) transport impacts of the development, particularly to ensure safe site access;
  • (b) contamination risks in relation to the building;
  • (c) flooding risks in relation to the building;
  • (d) impacts of noise from commercial premises on the intended occupiers of the development;
  • (e) where—
  • (i) the building is located in a conservation area, and
  • (ii) the development involves a change of use of the whole or part of the ground floor,

the impact of that change of use on the character or sustainability of the conservation area;

  • (f) the provision of adequate natural light in all habitable rooms of the dwellinghouses;
  • (g) the impact on intended occupiers of the development of the introduction of residential use in an area the authority considers to be important for general or heavy industry, waste management, storage and distribution, or a mix of such uses; ...
  • (h) where the development involves the loss of services provided by—
  • (i) a registered nursery, or
  • (ii) a health centre maintained under section 2 or 3 of the National Health Service Act 2006,

the impact on the local provision of the type of services lost ; and

  • (i) where the development meets the fire risk condition, the fire safety impacts on the intended occupants of the building
  • (3) An application for prior approval for development under Class MA may not be made before 1 August 2021.
  • (4) The provisions of paragraph W (prior approval) of this Part apply in relation to an application under this paragraph as if—
  • (a) for paragraph (e) of sub-paragraph (2) there were substituted—

(e) where— (i) sub-paragraph (6) requires the Environment Agency to be consulted, a site-specific flood risk assessment; (ii) sub-paragraph (6A) requires the Building Safety Regulator to be consulted, a statement about the fire safety design principles, concepts and standards that have been applied to the development,

  • (b) in the introductory words in sub-paragraph (5), for “and highways impacts of the development” there were substituted “impacts of the development, particularly to ensure safe site access”;
  • (c) after sub-paragraph (6) there were inserted—

(6A) Where the application relates to prior approval as to fire safety impacts, on receipt of the application, the local planning authority must consult the Building Safety Regulator.

  • (d) in sub-paragraph (7) for “(5) and (6)” there were substituted “(5), (6) and (6A)”;
  • (5) Development must be completed within a period of 3 years starting with the prior approval date.
  • (6) Any building permitted to be used as a dwellinghouse by virtue of Class MA is to remain in use as a dwellinghouse within the meaning of Class C3 of Schedule 1 to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the use as a dwellinghouse.

Procedure for applications for prior approval under Class M

M.2A
  • (1) The following provisions apply where a developer is required under paragraph M.2(f) to make an application to a local authority for a determination as to whether the prior approval of the authority will be required.
  • (2) The application must be accompanied by—
  • (a) a written description of the proposed development;
  • (b) a plan indicating the site and showing the proposed development;
  • (c) drawings prepared to an identified scale and showing—
  • (i) in the case of a building to be erected, the proposed external dimensions and elevations of that building; and
  • (ii) in the case of a building to be extended or altered, the external dimensions and elevations of that building both before and after the proposed extension or alteration;
  • (d) a written statement in respect of the heritage and archaeological considerations of the development;
  • (e) the developer’s contact address;
  • (f) the developer’s email address if the developer is content to receive communications electronically; and
  • (g) any fee required to be paid.
  • (3) Sub-paragraphs (3) to (5) and (7) to (14) of paragraph W of Part 3 apply to an application under this paragraph as they apply to an application under Part 3 as if—
  • (a) in sub-paragraph (3)—
  • (i) the words from “except for” to “paragraph Q.2(1)(g)” were omitted;
  • (ii) for “this Part” there were substituted “Class M”;
  • (b) sub-paragraph (10)(c) were omitted.

Interpretation of Class M

Condition

B.1A
  • (1) Development is permitted by Class B subject to the condition that the relevant statutory undertaker consults the local planning authority before carrying out any development, unless that development falls within the description in paragraph B.3.

Interpretation of Class B

B.3

Development falls within this paragraph if—

  • (a) it is urgently required for the efficient running of the dock, pier, harbour, water transport, canal or inland navigation undertaking, and
  • (b) it consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building, or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.
A

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

  • (a) article 3(6)(m) (casino);
  • (b) article 3(6)(n) (betting office);
  • (c) article 3(6)(o) (pay day loan shop); or
  • (d) article 3(6)(r) (hot food takeaway),

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

Conditions

A.1

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

Permitted Development

AA

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

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

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

I.1

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

M

Development consisting of—

  • (a) a change of use of a building from—
  • (i) a use falling within one of the following—
  • (aa) launderette;
  • (bb) betting office;
  • (cc) pay day loan shop;
  • (dd) hot food takeaway; or
  • (ii) a mixed use combining use as a dwellinghouse with a use falling within one of the uses mentioned in paragraph (i)(aa), (bb) or (cc) (whether that use was granted permission under Class G of this Part or otherwise);

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

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

Interpretation of Class MA

MA.3

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

  • (a) contain two or more dwellinghouses; and
  • (b) satisfy the height condition in paragraph (3), read with paragraph (7), of article 9A (fire statements) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.
R

Development consisting of a change of use of a building and any land within its curtilage from a use as an agricultural building to a flexible use—

  • (a) falling within one of the following provisions of the Use Classes Order—
  • (i) Class B2 (general industrial) of Schedule 1;
  • (ii) Class B8 (storage or distribution) of Schedule1;
  • (iii) Class C1 (hotels) of Schedule 1;
  • (iv) Class E (commercial, business or service) of Schedule 2; or
  • (v) Class F.2(c) (outdoor sport or recreation) of Schedule 2; or
  • (b) for the provision of agricultural training.
T

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

  • (a) Class C1 (hotels) of Schedule 1;
  • (b) Class C2 (residential institutions) of Schedule 1;
  • (c) Class C2A (secure residential institutions) of Schedule 1; or
  • (d) Class E (commercial, business or service) of Schedule 2,

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

Class G – moveable structures for pubs, restaurants etc

Permitted development

G

The provision of one moveable structure within the curtilage, and for the purposes, of a building used for a purpose within—

  • (a) article 3(6)(p) or (q) (drinking establishments etc.) of the Use Classes Order; or
  • (b) Class E(b) (sale of food and drink etc.) of Schedule 2 to that Order.

Development not permitted

G.1

Development is not permitted by Class G—

  • (a) on land which is or forms part of—
  • (i) a scheduled monument or land within its curtilage;
  • (ii) a listed building or land within its curtilage;
  • (b) if any part of the moveable structure would be within 2 metres of the curtilage of any adjacent land that is used for a purpose within Part C (residential uses) of Schedule 1 to the Use Classes Order;
  • (c) if the height of the moveable structure would exceed 3 metres;
  • (d) if the footprint of the moveable structure would exceed the lesser of—
  • (i) 50% of the footprint of the building, or
  • (ii) 50 square metres;
  • (e) if the moveable structure is used for the display of an advertisement.

Interpretation of Class G

G.2

For the purposes of Class G, “footprint”, in relation to a building or a moveable structure, means the total area of ground covered by the building or moveable structure.

Conditions

Procedure for applications for prior approval under Class BB

BB.3
  • (1) This paragraph applies where under Class BB a developer is required to make an application to the local planning authority for a determination as to whether the prior approval of the authority will be required.
  • (2) The application must be accompanied by—
  • (a) a written description of the proposed development;
  • (b) a plan indicating the site and showing the proposed development;
  • (c) a statement setting out the proposed methods of—
  • (i) installing the moveable structure; and
  • (ii) reinstating the land to its original condition once the moveable structure is removed;
  • (d) the developer’s contact address; and
  • (e) the developer’s email address if the developer is content to receive communications electronically,

together with any fee required to be paid.

  • (3) The local planning authority may refuse an application where, in the opinion of the authority—
  • (a) the proposed development does not comply with, or
  • (b) the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with,

any conditions and limitations specified in Class BB as being applicable to the development in question.

  • (4) Sub-paragraphs (5) to (7) and (9) do not apply where a local planning authority refuses an application under sub-paragraph (3) and for the purposes of section 78 (appeals) of the Act such a refusal is to be treated as a refusal of an application for approval.
  • (5) On receipt of the application, the local planning authority must consult Historic England.
  • (6) The local planning authority must notify Historic England specifying the date by which they must respond (being not less than 21 days from the date the notice is given).
  • (7) The local planning authority must give notice of the proposed development—
  • (a) by site display in at least one place on or near the land to which the application relates for not less than 21 days of a notice which—
  • (i) describes the proposed development;
  • (ii) provides the address of the proposed development;
  • (iii) specifies the date by which representations are to be received by the local planning authority; or
  • (b) by serving a notice in that form on any adjoining owner or occupier.
  • (8) The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application.
  • (9) The local planning authority must, when determining an application—
  • (a) take into account any representations made to them as a result of consultation under sub-paragraph (5) and any notice given under sub-paragraph (7); and
  • (b) have regard to the National Planning Policy Framework ..., so far as relevant to the subject matter of the prior approval, as if the application were a planning application.
  • (10) The development must not begin before the occurrence of one of the following—
  • (a) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
  • (b) the receipt by the applicant from the local planning authority of a written notice giving their prior approval; or
  • (c) the expiry of 56 days following the date on which the application referred to in sub-paragraph (2) was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.
  • (11) The development must be carried out—
  • (a) where prior approval is required, in accordance with the details approved by the local planning authority;
  • (b) where prior approval is not required, or where sub-paragraph (10)(c) applies, in accordance with the details provided in the application referred to in sub-paragraph (2), unless the local planning authority and the developer agree otherwise in writing.
  • (12) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.
  • (13) When computing the number of days in sub-paragraph (7)(a), any day which is a public holiday must be disregarded.

Interpretation of Class BB

BB.4

For the purposes of Class BB—

  • footprint”, in relation to a building or a moveable structure, means the total area of ground covered by the building or moveable structure;
  • historic visitor attraction” means a listed building accessible by members of the public (whether or not for an entry fee) for the purposes of promoting their enjoyment, and advancing their knowledge, of the building;
  • original condition”, in relation to land on which a moveable structure is provided, means the condition of the land before the moveable structure was provided;
  • relevant period” means the period of 12 months beginning with the day on which one of the events described in paragraph BB.3(10) occurs.

Class TA – development by the Crown on a closed defence site

Permitted development

TA

The erection, extension or alteration on a closed defence site by or on behalf of the Crown of—

  • (a) single living accommodation;
  • (b) a non-residential building.

Development not permitted

TA.1
  • (1) Development is not permitted by Class TA—
  • (a) within 15 metres of the closed defence site’s perimeter (“the perimeter”);
  • (b) within 25 metres of the perimeter where the development would be visible from a highway and—
  • (i) in the case of a building erected, the height of the building would exceed 10 metres;
  • (ii) in the case of a building extended or altered, the height of the building would exceed the lesser of—
  • (aa) the height of the existing building, or
  • (bb) 10 metres;
  • (c) at any other location if the height of—
  • (i) any building erected would exceed 12 metres;
  • (ii) any building extended or altered would exceed the lesser of—
  • (aa) the height of the existing building, or
  • (bb) 12 metres;
  • (d) on land which is or forms part of—
  • (i) article 2(3) land;
  • (ii) a site of special scientific interest;
  • (iii) a listed building or land within its curtilage;
  • (iv) a scheduled monument or land within its curtilage.
  • (2) Development is not permitted by Class TA(a) if the total floor space of any buildings added to the closed defence site via erection or extension under Class TA(a) would exceed 25% of the total floor space of single living accommodation on the closed defence site immediately before 11th January 2022.
  • (3) Development is not permitted by Class TA(b) if the total floor space of any buildings added to the closed defence site via erection or extension under Class TA(b) would exceed 35% of the total floor space of non-residential buildings at the closed defence site immediately before 11th January 2022.

Conditions

TA.2
  • (1) Development is permitted by Class TA subject to the conditions that before beginning development the developer must—
  • (a) assess the contamination and flood risks of the development,
  • (b) identify measures to reduce so far as practicable any contamination or flood risks of the development,
  • (c) where the development is in an area within Flood Zone 3, carry out prior consultation in accordance with paragraph TA.3, and
  • (d) in any event, provide written notification to the local planning authority—
  • (i) of the date on which it is proposed to begin development, and
  • (ii) including a description of the development containing sufficient information to enable the local authority to satisfy itself that the development complies with the provisions of Class TA.
  • (2) Development is permitted by Class TA subject to the condition that it is carried out in accordance with any measures identified under paragraph TA.2(1)(b) to reduce so far as practicable any contamination or flood risks.
  • (3) Where the total footprint of any buildings added to the closed defence site via erection or extension under Class TA exceeds (or would, as a result of the proposed development, exceed) 4,000 square metres, development is permitted by Class TA subject to the condition that before beginning the development the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the siting and scale of the development.
  • (4) The conditions in sub-paragraph (5) apply where proposed development relates to the erection or extension of a building which will be—
  • (a) visible from a highway,
  • (b) of height in excess of 10 metres, and
  • (c) either—
  • (i) single living accommodation which will be higher than the highest existing single living accommodation on the closed defence site, or
  • (ii) a non-residential building which will be higher than the highest existing non-residential building on the closed defence site.
  • (5) Proposed development described in sub-paragraph (4) is permitted by Class TA subject to the conditions that—
  • (a) the proposed development is sited and its external appearance designed so as to minimise so far as practicable its effect on the amenity of the area, and
  • (b) before beginning the development the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the external appearance of the building.
  • (6) An application under sub-paragraph (3) or (5)(b) is to be made and determined in accordance with paragraph TA.4.

Procedure for prior consultation under Class TA

TA.3
  • (1) Where a developer is required to carry out prior consultation under paragraph TA.2(1)(c), the developer must consult the Environment Agency as to the flood risks of the proposed development.
  • (2) The developer must notify the Environment Agency specifying the date by which they must respond (not being less than 21 days from the date the notice is given) (“the closing date”).
  • (3) The development must not begin—
  • (a) before the occurrence of one of the following—
  • (i) the receipt by the developer of responses to the consultation required by this paragraph, or
  • (ii) the day after the closing date.
  • (b) in any event, before the developer takes into account any representations received on or before the closing date as a result of consultation under this paragraph.
  • (4) Where the developer receives representations on or before the closing date as a result of consultation under this paragraph, the developer must as soon as reasonably practicable send to the local planning authority—
  • (a) a copy of the representations, and
  • (b) a statement explaining how the developer has taken the representations into account.

Procedure for applications for prior approval under Class TA

TA.4
  • (1) The following provisions apply where a developer is required under paragraph TA.2(3) or (5)(b) to make an application for a determination as to whether the prior approval of the authority will be required.
  • (2) The application must be accompanied by—
  • (a) a written description of the proposed development including a statement of any proposed increase in the total footprint of buildings on the closed defence site,
  • (b) where the proposed development relates to the erection or extension of—
  • (i) single living accommodation, a statement showing the total floor space of single living accommodation—
  • (aa) on the closed defence site immediately before 11th January 2022,
  • (bb) already added to the closed defence site via development under Class TA(a), and
  • (cc) to be added to the closed defence site via the proposed development;
  • (ii) a non-residential building, a statement showing the total floor space of non-residential buildings—
  • (aa) on the closed defence site immediately before 11th January 2022,
  • (bb) already added to the closed defence site via development under Class TA(b), and
  • (cc) to be added to the closed defence site via the proposed development;
  • (c) a plan indicating the closed defence site and showing the proposed development,
  • (d) drawings prepared to an identified scale and showing—
  • (i) in the case of a building to be erected, the proposed external dimensions and elevations of that building;
  • (ii) in the case of a building to be extended or altered, the external dimensions and elevations of that building both before and after the proposed extension or alteration,
  • (e) the developer’s contact address and, if they are content to receive communications electronically, the developer’s email address, and
  • (f) any fee required to be paid.
  • (3) The local planning authority may refuse an application where, in the opinion of the authority—
  • (a) the proposed development does not comply with, or
  • (b) the developer has, following a requirement imposed under paragraph TA.4(6), provided insufficient information to enable the authority to establish whether the proposed development complies with,

any conditions, limitations or restrictions specified in Class TA applicable to the development in question.

  • (4) Sub-paragraphs (5) and (7) do not apply where a local planning authority refuses an application under sub-paragraph (3) and for the purposes of section 78 (appeals) of the Act such a refusal is to be treated as a refusal of an application for approval.
  • (5) The local planning authority must give notice of the proposed development—
  • (a) by site display in at least one place on or near the land to which the application relates for not less than 21 days of a notice which—
  • (i) describes the proposed development,
  • (ii) provides the address of the proposed development, and
  • (iii) specifies the date by which representations are to be received by the local planning authority (not being less than 21 days from the date the notice is displayed), or
  • (b) by serving a notice in that form on any owner or occupier of any premises which adjoin the closed defence site.
  • (6) The local planning authority may require the developer to submit such information as the authority may reasonably require to determine the application.
  • (7) The local planning authority must, when determining an application—
  • (a) take into account any representations made to them as a result of any notice given under sub-paragraph (5), and
  • (b) have regard to the National Planning Policy Framework ..., so far as relevant to the subject matter of the prior approval, as if the application were a planning application.
  • (8) The development must not begin before the occurrence of one of the following—
  • (a) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
  • (b) the receipt by the applicant from the local planning authority of a written notice giving their prior approval;
  • (c) the expiry of 56 days following the date on which the application was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.
  • (9) The development must be carried out—
  • (a) where prior approval is required, in accordance with the details approved by the local planning authority;
  • (b) where prior approval is not required, or where sub-paragraph (8)(c) applies, in accordance with the details provided in the application referred to in sub-paragraph (2),

unless the local planning authority and the developer agree otherwise in writing.

  • (10) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the approval.
  • (11) When computing the number of days in sub-paragraph (5)(a), any day which is a public holiday must be disregarded.

Interpretation of Class TA

TA.5

For the purposes of Class TA—

  • closed defence site” means a site which is—on Crown land,used exclusively for defence purposes, andsurrounded by a closed perimeter;
  • footprint”, in relation to a building, means the total area of ground covered by it;
  • non-residential building” means a building which is used exclusively for defence purposes other than as—single living accommodation, ora dwellinghouse within the meaning of Class C3 of Schedule 1 to the Use Classes Order;
  • single living accommodation” means a building used for the purpose of providing living accommodation for single or unaccompanied persons.

Interpretation of Part 19

Class BC – temporary recreational campsites

Permitted development

BC

Development consisting of—

  • (a) the use of any land as a recreational campsite for not more than 60 days in total in any calendar year; and
  • (b) the provision on such land of—
  • (i) not more than 50 pitches; and
  • (ii) any moveable structure reasonably necessary for the purposes of the permitted use.

Development not permitted

BC.1

Development is not permitted by Class BC—

  • (a) on a site of a scheduled monument;
  • (b) in a safety hazard area;
  • (c) in a military explosives storage area;
  • (d) on a site of special scientific interest;
  • (e) on a site of a listed building;
  • (f) for the siting of any caravan except a caravan which is used as a motor vehicle designed or adapted for human habitation.

Conditions

BC.2

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

  • (a) the developer must make on-site provision for users of the campsite of toilet and waste disposal facilities;
  • (b) the developer must notify the local planning authority in writing before commencement of development in each calendar year, providing a copy of the site plan, which must include particulars of—
  • (i) toilet and waste disposal facilities; and
  • (ii) the dates on which the site will be in use;
  • (c) the local planning authority (if not the same body as the fire and rescue authority in an area) must as soon as practicable provide to the relevant fire and rescue authority the notice described in paragraph BC.2(b); and
  • (d) where the proposed development is on land within Flood Zone 2 or Flood Zone 3, the permitted development is subject to prior approval by the local planning authority before commencement of development in each calendar year.

Procedure for applications for prior approval under Class BC

BC.3
  • (1) The following provisions apply where under Class BC a developer is required to apply to the local planning authority for prior approval.
  • (2) The application must be accompanied by—
  • (a) a site-specific flood risk assessment, including provision for warning and evacuation; and
  • (b) any fee required to be paid.
  • (3) On receipt of the application, the local planning authority must notify and consult the Environment Agency specifying the date by which they must respond (being not less than 21 days from the date the notice is given).
  • (4) The local planning authority must, when determining the application—
  • (a) take into account the response by the Environment Agency; and
  • (b) have regard to the National Planning Policy Framework ... so far as relevant to the subject matter of the prior approval, as if the application were a planning application.
  • (5) The development must not begin before either—
  • (a) the receipt by the developer from the local planning authority of a written notice giving their prior approval; or
  • (b) the expiry of 56 days following the date on which the application was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.
  • (6) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.

Class MA – alteration etc. of prison fences

Permitted development

MA

The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure in connection with a prison.

Development not permitted

MA.1

Development is not permitted by Class MA if the height of any gate, fence, wall or other means of enclosure would exceed 5.5 metres above ground level.

Interpretation

MA.2

For the purposes of Class MA “prison” has the same meaning as in Class M of this Part.

Class CB – temporary provision of buildings for a school with a RAAC-affected building

Permitted Development

CB

The temporary provision of buildings on school land where the school has a RAAC-affected building.

Development not permitted

CB.1

Development is not permitted by Class CB—

  • (a) if the school land covered by the building provided is, or forms part of—
  • (i) a site of special scientific interest,
  • (ii) a safety hazard area,
  • (iii) a military explosives storage area, or
  • (iv) a scheduled monument or land within its curtilage;
  • (b) if any part of any building provided would be within 5 metres of the boundary of the curtilage of land adjacent to the school land, where that adjacent land is used for a purpose within Part C (residential purposes) of Schedule 1 to the Use Classes Order;
  • (c) if any building provided would have more than two storeys;
  • (d) if the height of any building provided would exceed 9 metres;
  • (e) after the end of the period of three years beginning on 25th October 2023 and ending at 11.59 p.m. on 24th October 2026.

Conditions

CB.2

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

  • (a) the combined floor space of any buildings provided under Class CB is not more than 125% of the combined floor space of the parts of the RAAC-affected buildings which have been vacated due to the presence of RAAC;
  • (b) at the relevant time, the school must provide a written notification to the local planning authority which includes all of the following—
  • (i) the date or expected date of the beginning of development;
  • (ii) the address of the school;
  • (iii) the contact address for the school;
  • (iv) the size of the area, in square metres, of the combined floor space of the parts of the RAAC-affected buildings which have been vacated due to the presence of RAAC;
  • (v) the size of the area, in square metres, of the combined floor space of any buildings which form part of this development and any buildings provided under previous developments under Class CB (excluding buildings which are no longer provided);
  • (vi) a written description of the development;
  • (vii) a plan indicating the school’s school land, and any buildings on that land, and showing the development;
  • (viii) confirmation that there is a RAAC-affected building on the school’s school land;
  • (c) at the relevant time, the school must also provide to the relevant fire and rescue authority a copy of the notification described in sub-paragraph (b);
  • (d) the development does not result in an increase to the school’s published admission number;
  • (e) buildings are placed so as to minimise, so far as practicable, any reduction in the amount of the school land—
  • (i) used as playing fields;
  • (ii) used as space available for the parking or turning of vehicles;
  • (f) any building provided under Class CB is removed from the school’s school land—
  • (i) as soon as reasonably practicable after such time as each RAAC-affected building on the school’s school land has been remediated or replaced; or
  • (ii) before the period in CB.1(e) has elapsed,

whichever is the sooner;

  • (g) following the removal of any building provided under Class CB, as soon as reasonably practicable the school land used in connection with the provision of that building is restored to the condition it was in before the development took place.

Interpretation of Class CB

CB.3

For the purposes of Class CB—

  • published admission number” has the meaning given in paragraph M.3 of Part 7 of this Schedule;
  • RAAC” means reinforced autoclaved aerated concrete;
  • RAAC-affected building” means a building on school land which has been vacated, in whole or in part, pursuant to a decision by the school, in discharge of its health and safety obligations, that the building should be vacated due to the presence of RAAC;
  • relevant time” means—where development begins after 25th October 2023, before development begins or as soon as reasonably practicable after it has begun;where development begins on or before 25th October 2023, as soon as reasonably practicable after that date;
  • school” does not include buildings or land provided at any time under Class C or CA;
  • school land” means land available for use by a school for a purpose falling within Class F.1(a) (provision of education) of Schedule 2 to the Use Classes Order.

Procedure for prior consultation under Class M

M.2B
  • (1) Where a developer is required to carry out prior consultation under paragraph M.2(i)(iii), the developer must consult the Environment Agency as to the flood risks of the proposed development.
  • (2) The developer must notify the Environment Agency specifying the date by which the Environment Agency must respond (being 21 days from the date the notice is received or such other period as may be agreed with the Environment Agency) (“the closing date”).
  • (3) The development must not begin—
  • (a) before the occurrence of one of the following—
  • (i) the receipt by the developer of responses to the consultation required by this paragraph, or
  • (ii) the day after the closing date;
  • (b) in any event, before the developer takes into account any representations received on or before the closing date as a result of consultation under this paragraph.
  • (4) Where the developer receives representations on or before the closing date, as a result of consultation under this paragraph, the developer must as soon as reasonably practicable send to the local planning authority—
  • (a) a copy of the representations, and
  • (b) a statement explaining how the developer has taken the representations into account.

Interpretation of Class M

Class OA - installation etc of a solar canopy on non-domestic, off-street parking

Permitted development

OA

The installation, alteration or replacement of a solar canopy within an area lawfully used as off-street parking other than for a dwellinghouse or a block of flats

Development not permitted

OA.1

Development is not permitted by Class OA—

  • (a) if any part of the development—
  • (i) exceeds 4 metres in height above ground level;
  • (ii) is within 10 metres of the curtilage of a dwellinghouse or a block of flats;
  • (b) within the curtilage of a dwellinghouse or a block of flats;
  • (c) on a site designated as a scheduled monument or on land within the curtilage of a scheduled monument;
  • (d) within the curtilage of a listed building;
  • (e) for the display of an advertisement; or
  • (f) if the off-street parking area is in use by virtue of Class B (temporary use of land) of Part 4 (temporary buildings and uses).

Conditions

OA.2
  • (1) Development is permitted by Class OA subject to the following conditions.
  • (2) In the case of development above a permeable surface, provision is made to direct run-off water from the solar canopy to a permeable or porous area or surface within the off-street parking area.
  • (3) Before beginning development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the local planning authority will be required with respect to—
  • (a) the solar canopy’s siting, design and external appearance, in particular the impact of glare on the occupiers of neighbouring premises; and
  • (b) in the case of a solar canopy on article 2(3) land, the impact of the appearance of the solar canopy on that land.
  • (4) Paragraphs J.4(3) to J.4(12) of this Part apply in relation to an application under sub-paragraph (3) as if “Class OA” substitutes the reference to “Class J” in paragraph J.4(4).
  • (5) Development must be completed within a period of 3 years starting with the date on which—
  • (a) prior approval is given; or
  • (b) a determination that such approval is not required is given or the period for giving such a determination set out in paragraph J.4(9)(c) of this Part has expired without the applicant being notified whether prior approval is required, given or refused.
  • (6) Where the solar canopy is no longer needed, it is removed as soon as reasonably practicable and the land is restored to its condition before the development took place so far as reasonably practicable.

Interpretation of Part 14

Q

Development consisting of—

  • (a) a change of use of—
  • (i) a building that is part of an established agricultural unit and any land within that building’s curtilage, or
  • (ii) a former agricultural building that was (but is no longer) part of an established agricultural unit and any land within that building’s curtilage,

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

  • (b) development referred to in sub-paragraph (a) together with the extension of the building referred to in sub-paragraph (a), or
  • (c) development referred to in sub-paragraph (a) together with building operations reasonably necessary to convert the building referred to in sub-paragraph (a) to a use falling within Class C3 (dwellinghouses) of that Schedule or to extend that building.
Q1

Development is not permitted by Class Q if—

  • (a) in the case of a site that is part of an established agricultural unit, the site was not part of the established agricultural unit—
  • (i) on 24th July 2023, or
  • (ii) where the site became part of the established agricultural unit after 24th July 2023, for a period of at least 10 years before the date development under Class Q begins,
  • (b) in the case of a site that was (but is no longer) part of an established agricultural unit—
  • (i) the site was part of an established agricultural unit on 24th July 2023,
  • (ii) where the site ceased to be part of an established agricultural unit after 24th July 2023, the site has not been part of the established agricultural unit for a period of at least 10 years before the date development under Class Q begins, or
  • (iii) since ceasing to be part of an established agricultural unit, the site has been used for any non-agricultural purpose,
  • (c) the floor space of any dwellinghouse developed under Class Q having a use falling within Class C3 (dwellinghouses) of Schedule 1 to the Use Classes Order exceeds 150 square metres,
  • (d) the development under Class Q, together with any previous development under Class Q, within the original limits of an established agricultural unit (see paragraph Q.3(2) of this Part) would result in—
  • (i) the cumulative number of separate dwellinghouses having a use falling within Class C3 (dwellinghouses) of Schedule 1 to the Use Classes Order exceeding 10, or
  • (ii) the cumulative floor space of dwellinghouses having a use falling within Class C3 (dwellinghouses) of Schedule 1 to the Use Classes Order exceeding 1,000 square metres,
  • (e) the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained,
  • (f) less than 1 year before the date development begins—
  • (i) an agricultural tenancy over the site has been terminated, and
  • (ii) the termination was for the purpose of carrying out development under Class Q,

unless both the landlord and the tenant have agreed in writing that the site is no longer required for agricultural use,

  • (g) development under Class A(a) or Class B(a) of Part 6 of this Schedule (agricultural buildings and operations) has been carried out on the established agricultural unit during the period which is 10 years before the date development under Class Q begins,
  • (h) the development would result in the external dimensions of the building extending beyond the external dimensions of the existing building at any given point, other than—
  • (i) extension of the building allowed by paragraph Q.1(i);
  • (ii) protrusions of up to 0.2 metres to accommodate building operations allowed by paragraph Q.1(j)(i),
  • (i) the development under Class Q(b) would result in an extension that—
  • (i) has more than one storey,
  • (ii) is sited anywhere other than to the rear of the existing building,
  • (iii) extends beyond the rear wall of the existing building by more than 4 metres,
  • (iv) has eaves the height of which exceed the height of the eaves of the existing building,
  • (v) is higher than whichever is the lower of—
  • (aa) the highest part of the roof of the existing building, or
  • (bb) a height of 4 metres above the ground,
  • (vi) extends beyond a wall that forms a side or principal elevation of the existing building, or
  • (vii) would be sited on land that, before the development under Class Q(b), is not covered by a hard surface that was provided on the land by virtue of any development, and—
  • (aa) the hard surface was not provided on the land on or before 24th July 2023, or
  • (bb) where the hard surface was provided on the land after 24th July 2023, the hard surface has not been situated on the land for a period of at least 10 years before the date development under Class Q(b) begins,
  • (j) the development under Class Q(c) would consist of building operations other than—
  • (i) the installation or replacement of—
  • (aa) windows, doors, roofs, or exterior walls, or
  • (bb) water, drainage, electricity, gas or other services,

to the extent reasonably necessary for the building to function as a dwellinghouse, and

  • (ii) partial demolition to the extent reasonably necessary to carry out building operations allowed by paragraph Q.1(j)(i),
  • (k) the site is on article 2(3) land,
  • (l) the site is, or forms part of—
  • (i) a site of special scientific interest;
  • (ii) a safety hazard area;
  • (iii) a military explosives storage area,
  • (m) the site is, or contains, a scheduled monument,
  • (n) the building is a listed building,
  • (o) the existing building, excluding any proposed extension under Class Q(b) but including any proposed building operations under Class Q(c), would not be capable of complying with the nationally described space standard issued by the Department for Communities and Local Government on 27th March 2015 as read with the notes dated 19th May 2016 which apply to it, or
  • (p) the building does not have suitable existing access to a public highway.
Q2
  • (1) Where the development proposed is development under Class Q(a) together with development under Class Q(c), development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—
  • (a) transport and highways impacts of the development,
  • (b) noise impacts of the development,
  • (c) contamination risks on the site,
  • (d) flooding risks on the site,
  • (e) whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to a use falling within Class C3 (dwellinghouses) of Schedule 1 to the Use Classes Order,
  • (f) the design or external appearance of the building, and
  • (g) the provision of adequate natural light in all habitable rooms of the dwellinghouses,

and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

  • (2) Where the development proposed is development under Class Q(a) only, development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the items referred to in sub-paragraphs (1)(a) to (e) and (g), and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.
  • (3) Where the development proposed includes development under Class Q(b), the developer must also apply, as part of the application under sub-paragraph (1) or (2) (as the case may be), for a determination as to whether the prior approval of the authority will be required as to the impact of the proposed extension on the amenity of any adjoining premises.
  • (4) Development under Class Q is permitted subject to the condition that development under Class Q(a), and under Class Q(b) or (c), if any, must be completed within a period of 3 years starting with the prior approval date.
Q3
  • (1) For the purposes of Class Q, “curtilage” means the lesser of—
  • (a) the piece of land, whether enclosed or unenclosed, immediately beside or around the building on an established agricultural unit or former agricultural building (as the case may be), closely associated with and serving the purposes of that building, and
  • (b) an area of land immediately beside or around the building on an established agricultural unit or former agricultural building (as the case may be) no larger than the land area occupied by that building.
  • (2) For the purposes of Class Q.1(d), “the original limits of an established agricultural unit” means—
  • (a) in the case of an established agricultural unit which ceased to exist prior to 24th July 2023, all the land which comprised the established agricultural unit at the time it came into existence;
  • (b) in the case of an established agricultural unit which exists on 24th July 2023, all the land which comprised the established agricultural unit at the time it came into existence;
  • (c) in any other case, all the land which comprises the established agricultural unit at the time it comes into existence.

Class DB: Use of qualifying high-street premises changing to a suitable high-street use

Permitted development

DB

Development consisting of a change of use of a building which is a qualifying high-street premises within the meaning of section 192(2) of the Levelling-up and Regeneration Act 2023 (“the 2023 Act”) and any land within the curtilage of that building to a suitable high-street use (as defined by section 192(4) of the 2023 Act) for the duration of a tenancy granted following a rental auction of the premises held under Part 10 of the 2023 Act.

Development not permitted

DB.1

Development is not permitted by Class DB if the premises form part of a site which is, or forms part of—

  • (a) a military explosives storage area, or
  • (b) a safety hazard area.

Conditions

DB.2

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

  • (a) the local authority responsible for the rental auction must notify the local planning authority of—
  • (i) the suitable high-street use for which the premises will be used;
  • (ii) the date on which that use will commence;
  • (iii) the date on which that use will cease;
  • (b) at the end of the tenancy granted in relation to the premises, the premises must revert to their former use.

Class CA — installation etc of a reverse vending machine

Permitted development

CA

Development consisting of the installation, alteration or replacement of a reverse vending machine in a wall of a shop or within the curtilage of a shop.

Development not permitted

CA1

Development is not permitted by Class CA if—

  • (a) the gross floor space of the reverse vending machine would exceed 80 square metres;
  • (b) the height of the reverse vending machine would exceed 4 metres;
  • (c) in the case of a reverse vending machine installed, or to be installed, in a wall of a shop, where any part of the reverse vending machine would protrude 2 metres or more beyond the outer surface of that wall;
  • (d) where any land adjacent to the shop is used for a purpose within Part C of the Schedule to the Use Classes Order (residential purposes), any part of the reverse vending machine would be within 15 metres of the boundary of the curtilage of that residential land;
  • (e) any part of the reverse vending machine would face onto and be within 5 metres of a highway; or
  • (f) any part of the reverse vending machine would be—
  • (i) on article 2(3) land;
  • (ii) in a site of special scientific interest;
  • (iii) within the curtilage of a listed building; or
  • (iv) on the site of a scheduled monument.

Condition

CA2

Development is permitted by Class CA subject to the condition that where the reverse vending machine is no longer in operation—

  • (a) the development must be removed as soon as reasonably practicable; and
  • (b) the land on which the development was situated, including any wall in which the development was installed, must be, as soon as reasonably practicable, and so far as reasonably practicable, reinstated to its condition before that development was carried out.

Interpretation of Class CA

CA3

For the purposes of Class CA—

  • reverse vending machine” means a machine for the purpose of accepting deposit items, reimbursing deposits for each deposit item accepted, and retaining the deposit item for collection and any associated enclosure, building, canopy or other structure;
  • shop” means a building used for any purpose within Class E(a) (display or retail sale of goods other than hot food) of Schedule 2 to the Use Classes Order.

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