Legalize / United Kingdom / Statutory-Instrument

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

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

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

Condition

A

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

Class B – development by or on behalf of sewerage undertakers

Permitted development

B

Development by or on behalf of a sewerage undertaker consisting of—

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

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

(d) the installation in a sewerage system of a pumping station, valve house, control panel house or switch-gear house;

(e) any works authorised by or required in connection with an order made under section 73 of the Water Resources Act 1991 (power to make ordinary and emergency drought orders);

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

Development not permitted

B

Development is not permitted by Class B if—

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

(b) in the case of Class B(f) development, it would consist of or include the extension or alteration of a building so that—

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

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

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

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

Condition

B

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

Interpretation of Class B

B

For the purposes of Class B—

“associated apparatus”, in relation to any sewer, main or pipe, means pumps, machinery or apparatus associated with the relevant sewer, main or pipe; and

“sludge main” means a pipe or system of pipes (together with any pumps or other machinery or apparatus associated with it) for the conveyance of the residue of water or sewage treated in a water or sewage treatment works as the case may be, including final effluent or the products of the dewatering or incineration of such residue, or partly for any of those purposes and partly for the conveyance of trade effluent or its residue.

Class C – development by drainage bodies

Permitted development

C

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

Interpretation of Class C

C

For the purposes of Class C, “drainage body” has the same meaning as in section 72(1) of the Land Drainage Act 1991 (interpretation) other than the Environment Agency.

Class D – development by the Environment Agency

Permitted development

D

Development by the Environment Agency for the purposes of its functions, consisting of—

(a) development not above ground level required in connection with conserving, redistributing or augmenting water resources;

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

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

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

(e) any works authorised by or required in connection with an order made under section 73 of the Water Resources Act 1991 (power to make ordinary and emergency drought orders);

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

Development not permitted

D

Development is not permitted by Class D if—

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

(b) in the case of any Class D(f) development, it would consist of or include the extension or alteration of a building so that—

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

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

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

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

Condition

D

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

PART 14 — Renewable energy

Class A – installation or alteration etc of solar equipment on domestic premises

Permitted development

A

The installation, alteration or replacement of microgeneration solar PV or solar thermal equipment on—

(a) a dwellinghouse or a block of flats; or

(b) a building situated within the curtilage of a dwellinghouse or a block of flats.

Development not permitted

A

Development is not permitted by Class A if—

(a) the solar PV or solar thermal equipment would protrude more than 0.2 metres beyond the plane of the wall or , in the case of a pitched roof, the roof slope when measured from the perpendicular with the external surface of the wall or pitched roof slope;

(b) in the case of solar PV or solar thermal equipment on a pitched roof, it would result in the highest part of the solar PV or solar thermal equipment being higher than the highest part of the roof (excluding any chimney);

(ba) in the case of solar PV or solar thermal equipment on a flat roof, it would result in the highest part of the solar PV or solar thermal equipment being more than 0.6 metres higher than the highest part of the roof (excluding any chimney);

(c) in the case of land within a conservation area or which is a World Heritage Site, the solar PV or solar thermal equipment would be installed on a wall which fronts a highway;

(d) the solar PV or solar thermal equipment would be installed on a site designated as a scheduled monument; or

(e) the solar PV or solar thermal equipment would be installed on a building within the curtilage of the dwellinghouse or block of flats if the dwellinghouse or block of flats is a listed building.

Conditions

A

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

(a) solar PV or solar thermal equipment is, so far as practicable, sited so as to minimise its effect on the external appearance of the building;

(b) solar PV or solar thermal equipment is, so far as practicable, sited so as to minimise its effect on the amenity of the area; ...

(ba) in the case of solar PV or solar thermal equipment installed on a flat roof located on article 2(3) land, 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 the impact of the appearance of the solar PV or solar thermal equipment on that land;

(bb) in relation to an application under sub-paragraph (ba), paragraphs J.4(3) to J.4(12) of this Part apply as if “Class A” substitutes the reference to “Class J” in paragraph J.4(4); and

Class B - installation or alteration etc of stand-alone solar equipment on domestic premises

Permitted development

B

The installation, alteration or replacement of stand-alone solar for microgeneration within the curtilage of a dwellinghouse or a block of flats.

Development not permitted

B

Development is not permitted by Class B if—

(a) in the case of the installation of stand-alone solar, the development would result in the presence within the curtilage of more than 1 stand-alone solar;

(b) any part of the stand-alone solar—

(i) would exceed 4 metres in height or, in the case of stand-alone solar on land in a conservation area which would be installed so that it is nearer to any highway which bounds the curtilage than the part of the dwellinghouse or block of flats which is nearest to that highway, 2 metres in height;

(ii) would, in the case of land ... which is a World Heritage Site, be installed so that it is nearer to any highway which bounds the curtilage than the part of the dwellinghouse or block of flats which is nearest to that highway;

(iii) would be installed within 5 metres of the boundary of the curtilage;

(iv) would be installed within the curtilage of a listed building; or

(v) would be installed on a site designated as a scheduled monument; or

(c) the surface area of the solar panels forming part of the stand-alone solar would exceed 9 square metres or any dimension of its array (including any housing) would exceed 3 metres.

Conditions

B

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

(a) stand-alone solar is, so far as practicable, sited so as to minimise its effect on the amenity of the area; ...

(aa) in the case of stand-alone solar installed in a conservation area nearer to any highway which bounds the curtilage than the part of the dwellinghouse or block of flats which is nearest to that highway, 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 the impact of the appearance of the stand-alone solar on the character of the conservation area;

(ab) in relation to an application under sub-paragraph (aa), paragraphs J.4(3) to J.4(12) of this Part apply as if “Class B” substitutes the reference to “Class J” in paragraph J.4(4); and

(b) stand-alone solar is removed as soon as reasonably practicable when no longer needed.

Class C – installation or alteration etc of ground source heat pumps on domestic premises

Permitted development

C

The installation, alteration or replacement of a microgeneration ground source heat pump within the curtilage of a dwellinghouse or a block of flats.

Class D – installation or alteration etc of water source heat pumps on domestic premises

Permitted development

D

The installation, alteration or replacement of a microgeneration water source heat pump within the curtilage of a dwellinghouse or a block of flats.

Class E – installation or alteration etc of flue for biomass heating system on domestic premises

Permitted development

E

The installation, alteration or replacement of a flue, forming part of a microgeneration biomass heating system, on a dwellinghouse or a block of flats.

Development not permitted

E

Development is not permitted by Class E if—

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

(b) in the case of land within a conservation area or which is a World Heritage Site, the flue would be installed on a wall or roof slope which fronts a highway.

Class F – installation or alteration etc of flue for combined heat and power on domestic premises

Permitted development

F

The installation, alteration or replacement of a flue, forming part of a microgeneration combined heat and power system, on a dwellinghouse or a block of flats.

Development not permitted

F

Development is not permitted by Class F if—

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

(b) in the case of land within a conservation area or which is a World Heritage Site, the flue would be installed on a wall or roof slope which fronts a highway.

Class G – installation or alteration etc of air source heat pumps on domestic premises

Permitted Development

G

The installation, alteration or replacement of a microgeneration air source heat pump—

(a) on a dwellinghouse or a block of flats; or

(b) within the curtilage of a dwellinghouse or a block of flats, including on a building within that curtilage.

Development not permitted

G

Development is not permitted by Class G unless the air source heat pump complies with the MCS Planning Standards ....

G

Development is not permitted by Class G if—

(a) in the case of the installation of an air source heat pump, the development would result in the presence of —

(i) more than one air source heat pump on, or within the curtilage of—

(aa) a dwellinghouse which is not a detached dwellinghouse;

(bb) a block of flats;

(ii) more than two air source heat pumps on, or within the curtilage of, a detached dwellinghouse;

(b) in the case of the installation of an air source heat pump, a wind turbine is installed on the same building or within the curtilage of the dwellinghouse or block of flats;

(c) in the case of the installation of an air source heat pump, a stand-alone wind turbine is installed within the curtilage of the dwellinghouse or block of flats;

(d) the volume of the air source heat pump's outdoor compressor unit (including any housing) would —

(i) in the case of the installation of an air source heat pump on, or within the curtilage of, a dwellinghouse, exceed 1.5 cubic metres;

(ii) in the case of the installation of an air source heat pump on, or within the curtilage of, a block of flats, exceed 0.6 cubic metres;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the air source heat pump would be installed on a pitched roof;

(g) the air source heat pump would be installed on a flat roof where it would be within 1 metre of the external edge of that roof;

(h) the air source heat pump would be installed on a site designated as a scheduled monument;

(i) the air source heat pump would be installed on a building or on land within the curtilage of the dwellinghouse or the block of flats if the dwellinghouse or the block of flats is a listed building;

(j) in the case of land within a conservation area or which is a World Heritage Site the air source heat pump—

(i) would be installed on a wall or a roof which fronts a highway; or

(ii) would be installed so that it is nearer to any highway which bounds the curtilage than the part of the dwellinghouse or block of flats which is nearest to that highway; or

(k) in the case of land, other than land within a conservation area or which is a World Heritage Site, the air source heat pump would be installed on a wall of a dwellinghouse or block of flats if—

(i) that wall fronts a highway; and

(ii) the air source heat pump would be installed on any part of that wall which is above the level of the ground floor storey.

Conditions

G.3

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

(a) the air source heat pump is used solely for heating purposes;

(b) the air source heat pump is, so far as practicable, sited so as to minimise its effect on the external appearance of the building;

(c) the air source heat pump is, so far as practicable, sited so as to minimise its effect on the amenity of the area; and

(d) the air source heat pump is removed as soon as reasonably practicable when no longer needed.

Class H – installation or alteration etc of wind turbine on domestic premises

Permitted Development

H

The installation, alteration or replacement of a microgeneration wind turbine on—

(a) a detached dwellinghouse; or

(b) a detached building situated within the curtilage of a dwellinghouse or a block of flats.

Development not permitted

H

Development is not permitted by Class H unless the wind turbine complies with the MCS Planning Standards or equivalent standards.

H

Development is not permitted by Class H if—

(a) in the case of the installation of a wind turbine the development would result in the presence of more than 1 wind turbine on the same building or within the curtilage;

(b) in the case of the installation of a wind turbine, a stand-alone wind turbine is installed within the curtilage of the dwellinghouse or the block of flats;

(c) in the case of the installation of a wind turbine, an air source heat pump is installed on the same building or within its curtilage;

(d) the highest part of the wind turbine (including blades) would either—

(i) protrude more than 3 metres above the highest part of the roof (excluding the chimney); or

(ii) exceed more than 15 metres in height,

whichever is the lesser;

(e) the distance between ground level and the lowest part of any blade of the wind turbine would be less than 5 metres;

(f) any part of the wind turbine (including blades) would be positioned so that it would be within 5 metres of any boundary of the curtilage of the dwellinghouse or the block of flats;

(g) the swept area of any blade of the wind turbine would exceed 3.8 square metres;

(h) the wind turbine would be installed on safeguarded land;

(i) the wind turbine would be installed on a site designated as a scheduled monument;

(j) the wind turbine would be installed within the curtilage of a building which is a listed building;

(k) in the case of land within a conservation area, the wind turbine would be installed on a wall or roof slope of—

(i) the detached dwellinghouse; or

(ii) a building within the curtilage of the dwellinghouse or block of flats,

which fronts a highway; or

(l) the wind turbine would be installed on article 2(3) land other than land within a conservation area.

Conditions

H

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

(a) the blades of the wind turbine is made of non-reflective materials;

(b) the wind turbine is, so far as practicable, sited so as to minimise its effect on the external appearance of the building;

(d) the wind turbine is removed as soon as reasonably practicable when no longer needed.

Class I – installation or alteration etc of stand-alone wind turbine on domestic premises

Permitted Development

I

The installation, alteration or replacement of a stand-alone wind turbine for microgeneration within the curtilage of a dwellinghouse or a block of flats.

Development not permitted

I

Development is not permitted by Class I unless the stand-alone wind turbine complies with the MCS Planning Standards or equivalent standards.

I

Development is not permitted by Class I if—

(a) in the case of the installation of a stand-alone wind turbine, the development would result in the presence of more than 1 stand-alone wind turbine within the curtilage of the dwellinghouse or block of flats;

(b) in the case of the installation of a stand-alone wind turbine, a wind turbine is installed on the dwellinghouse or on a building within the curtilage of the dwellinghouse or the block of flats;

(c) in the case of the installation of a stand-alone wind turbine, an air source heat pump is installed on the dwellinghouse or block of flats or within the curtilage of the dwellinghouse or block of flats;

(d) the highest part of the stand-alone wind turbine would exceed 11.1 metres in height;

(e) the distance between ground level and the lowest part of any blade of the stand-alone wind turbine would be less than 5 metres;

(f) any part of the stand-alone wind turbine (including blades) would be located in a position which is less than a distance equivalent to the overall height (including blades) of the stand-alone wind turbine plus 10% of its height when measured from any point along the boundary of the curtilage;

(g) the swept area of any blade of the stand-alone wind turbine exceeds 3.8 square metres;

(h) the stand-alone wind turbine would be installed on safeguarded land;

(i) the stand-alone wind turbine would be installed on a site designated as a scheduled monument;

(j) the stand-alone wind turbine would be installed within the curtilage of a building which is a listed building;

(k) in the case of land within a conservation area, the stand-alone wind turbine would be installed so that it is nearer to any highway which bounds the curtilage than the part of the dwellinghouse or block of flats which is nearest to that highway; or

(l) the stand-alone wind turbine would be installed on article 2(3) land other than land within a conservation area.

Conditions

I.3

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

(a) the blades of the stand-alone wind turbine is made of non-reflective materials;

(b) the stand-alone wind turbine is, so far as practicable, sited so as to minimise its effect on the amenity of the area; and

Class J – installation or alteration etc of solar equipment on non-domestic premises

Permitted development

J

The installation, alteration or replacement of—

(a) microgeneration solar thermal equipment on a building;

(b) microgeneration solar PV equipment on a building; or

Development not permitted

J

Development is not permitted by Class J if—

(a) the solar PV equipment or solar thermal equipment would be installed on a pitched roof and would protrude more than 0.2 metres beyond the plane of the roof slope when measured from the perpendicular with the external surface of the roof slope;

(b) the solar PV equipment or solar thermal equipment would be installed on a flat roof, where the highest part of the solar PV equipment would be higher than 1 metre above the highest part of the roof (excluding any chimney);

(c) the solar PV equipment or solar thermal equipment would be installed on a roof and within 1 metre of the external edge of that roof;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) the solar PV equipment or solar thermal equipment would be installed on a site designated as a scheduled monument; or

(f) the solar PV equipment or solar thermal equipment would be installed on a listed building or on a building within the curtilage of a listed building.

J

Development is not permitted by Class J(a) or (b) if—

(a) the solar PV equipment or solar thermal equipment would be installed on a wall and would protrude more than 0.2 metres beyond the plane of the wall when measured from the perpendicular with the external surface of the wall;

(b) the solar PV equipment or solar thermal equipment would be installed on a wall and within 1 metre of a junction of that wall with another wall or with the roof of the building; or

(c) in the case of a building on article 2(3) land, the solar PV equipment or solar thermal equipment would be installed on a wall which fronts a highway.

J.3

Development is not permitted by Class J(c) if the capacity of the solar PV equipment installed (together with any solar PV equipment installed under Class J(b)) to generate electricity exceeds 1 megawatt.

Conditions

J.4

(1) Class J development is permitted subject to the following conditions—

(a) the solar PV equipment or solar thermal equipment must, so far as practicable, be sited so as to minimise its effect on the external appearance of the building and the amenity of the area; and

(b) the solar PV equipment or solar thermal equipment is removed as soon as reasonably practicable when no longer needed.

(2) Class J(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 the design or external appearance of the development, in particular the impact of glare on occupiers of neighbouring land, and the following sub-paragraphs apply in relation to that application.

(3) 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;

(d) the developer’s email address if the developer is content to receive communications electronically;

together with any fee required to be paid.

(4) 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, limitations or restrictions specified in Class J applicable to the development in question.

(5) Sub-paragraphs (6) and (8) do not apply where a local planning authority refuses an application under sub-paragraph (4) 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.

(6) 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.

(7) The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application.

(8) 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 (6); and

(b) have regard to the National Planning Policy Framework issued by the Department for Communities and Local Government in March 2012[^f00101], so far as relevant to the subject matter of the prior approval, as if the application were a planning application.

(9) 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 under sub-paragraph (3) was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.

(10) 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 (9)(c) applies, in accordance with the details provided in the application referred to in sub-paragraph (3),

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

(11) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.

Class K – installation or alteration etc of stand-alone solar equipment on non-domestic premises

Permitted development

K

The installation, alteration or replacement of stand-alone solar for microgeneration within the curtilage of a building other than a dwellinghouse or a block of flats.

Development not permitted

K

Development is not permitted by Class K if—

(a) in the case of the installation of stand-alone solar, the development would result in the presence within the curtilage of more than 1 stand-alone solar;

(b) any part of the stand-alone solar—

(i) would exceed 4 metres in height or, in the case of stand-alone solar installed on article 2(3) land so that it is nearer to any highway which bounds the curtilage than the part of the building which is nearest to that highway, 2 metres in height;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) would be installed within 5 metres of the boundary of the curtilage;

(iv) would be installed within the curtilage of a listed building; or

(v) would be installed on a site designated as a scheduled monument; or

(c) the surface area of the solar panels forming part of the stand-alone solar would exceed 9 square metres or any dimension of its array (including any housing) would exceed 3 metres.

Conditions

K

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

(a) the stand-alone solar must, so far as practicable, be sited so as to minimise its effect on the amenity of the area; ...

(aa) in the case of stand-alone solar installed on article 2(3) land nearer to any highway which bounds the curtilage than the part of the building which is nearest to that highway, 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 the impact of the appearance of the stand-alone solar on that land;

(ab) in relation to an application under sub-paragraph (aa), paragraphs J.4(3) to J.4(12) of this Part apply as if “Class K” substitutes the reference to “Class J” in paragraph J.4(4); and

(b) the stand-alone solar is removed as soon as reasonably practicable when no longer needed.

Class L – installation or alteration etc of ground source heat pump on non-domestic premises

Permitted development

L

The installation, alteration or replacement of a microgeneration ground source heat pump within the curtilage of a building other than a dwellinghouse or a block of flats.

Conditions

L

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

(a) the total area of excavation must not exceed 0.5 hectares;

(b) the development must not result in the presence within the curtilage of more than 1 ground source heat pump; and

(c) a pump is removed as soon as reasonably practicable when no longer needed and the land is, as far as reasonably practicable, restored to its condition before the development took place, or to such condition as may have been agreed in writing between the local planning authority and the developer.

Class M – installation or alteration etc of water source heat pump on non-domestic premises

Permitted development

M

The installation, alteration or replacement of a microgeneration water source heat pump within the curtilage of a building other than a dwellinghouse or a block of flats.

Conditions

M

Development is permitted by Class M subject to the condition that the total surface area covered by the water source heat pump (including any pipes) must not exceed 0.5 hectares.

Class N – installation etc of flue for biomass heating system on non-domestic premises

Permitted development

N

The installation, alteration or replacement of a flue, forming part of a microgeneration biomass heating system, on a building other than—

(a) a dwellinghouse or a block of flats; or

(b) a building situated within the curtilage of a dwellinghouse or a block of flats.

Development not permitted

N

Development is not permitted by Class N if—

(a) the capacity of the system that the flue would serve exceeds 45 kilowatts thermal;

(b) the height of the flue would exceed either—

(i) the highest part of the roof by 1 metre or more, or

(ii) the height of an existing flue which is being replaced,

whichever is the highest;

(c) the installation of the flue would result in the installation on the same building of more than 1 flue forming part of either a biomass heating system or a combined heat and power system;

(d) the flue would be installed on a listed building, within the curtilage of a listed building or on a site designated as a scheduled monument; or

(e) in the case of a building on article 2(3) land, the flue would be installed on a wall or roof slope which fronts a highway.

Class O – installation etc of flue for combined heat and power on non-domestic premises

Permitted development

O

The installation, alteration or replacement of a flue, forming part of a microgeneration combined heat and power system, on a building other than—

(a) a dwellinghouse or a block of flats; or

(b) a building situated within the curtilage of a dwellinghouse or a block of flats.

Development not permitted

O

Development is not permitted by Class O if—

(a) the capacity of the system that the flue would serve exceeds 45 kilowatts thermal;

(b) the height of the flue would exceed either—

(i) the highest part of the roof by 1 metre or more, or

(ii) the height of an existing flue which is being replaced,

whichever is the highest;

(c) the installation of the flue would result in the installation on the same building of more than 1 flue forming part of either a biomass heating system or a combined heat and power system;

(d) the flue would be installed on a listed building, within the curtilage of a listed building, or on a site designated as a scheduled monument; or

(e) in the case of a building on article 2(3) land, the flue would be installed on a wall or roof slope which fronts a highway.

Interpretation of Part 14

P

For the purposes of Part 14—

“aerodrome”—means any area of land or water designed, equipped, set apart, or commonly used for affording facilities for the landing and departure of aircraft; andincludes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically; butdoes not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;

“air traffic services licence holder” means a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 ;

“block of flats” means a building which consists wholly of flats;

“detached dwellinghouse” or “detached building” means a dwellinghouse or building, as the case may be, which does not share a party wall with a neighbouring building;

“MCS Planning Standards” means the standards specified in the Microgeneration Certification Scheme for air source heat pumps (being MCS 020 a) - Air Source Heat Pump Sound Calculation (For Permitted Development Installations)) and for small and micro wind turbines (being MCS 020 b) - Wind Turbine Sound Calculation (For Permitted Development Installations)) ;

“microgeneration” has the same meaning as in section 82(6) of the Energy Act 2004 ;

“safeguarded land” means land which—is necessary to be safeguarded for aviation or defence purposes; andhas been notified as such, in writing, to the Secretary of State by an aerodrome operator, an air traffic services licence holder or the Secretary of State for Defence for the purposes of this Part;

“solar canopy” means a canopy structure—installed with solar PV or solar thermal equipment, andopen on all sides or, in the case of development adjoining a building, on three sides;

“solar PV” means solar photovoltaics;

“stand-alone solar” means solar PV or solar thermal equipment which is not installed on a building;

“stand-alone wind turbine” means a wind turbine which is not fixed to a building; and

“water source heat pump” means a heat pump where the collecting medium is water.

Class A – gas transporters

Permitted development

A

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

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

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

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

(d) the placing and storage on land of pipes and other apparatus to be included in a main or pipe which is being or is about to be laid or constructed in pursuance of planning permission granted or deemed to be granted under Part 3 (control over development) or Part 13 (application of Act to Crown land) of the Act;

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

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

Development not permitted

A

Development is not permitted by Class A if—

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

(b) in the case of any Class A(c) development—

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

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

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

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

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

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

Conditions

A

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

(a) in the case of any Class A(a) development, not less than 8 weeks before the beginning of operations to lay a notifiable pipe-line, the gas transporter must give notice in writing to the local planning authority of its intention to carry out that development, identifying the land under which the pipe-line is to be laid;

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

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

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

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

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

Class B – electricity undertakings

Permitted development

B

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

(a) the installation or replacement in, on, over or under land of an electric line and the construction of shafts and tunnels and the installation or replacement of feeder or service pillars or transforming or switching stations or chambers reasonably necessary in connection with an electric line;

(b) the installation or replacement of any electronic communications line which connects any part of an electric line to any electrical plant or building, and the installation or replacement of any support for any such line;

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

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

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

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

Development not permitted

B

Development is not permitted by Class B if—

(a) in the case of any Class B(a) development—

(i) it would consist of or include the installation or replacement of an electric line to which section 37(1) of the Electricity Act 1989 (consent required for overhead lines) applies; or

(ii) it would consist of or include the installation or replacement at or above ground level or under a highway used by vehicular traffic, of a chamber for housing apparatus and the chamber would exceed 29 cubic metres in capacity;

(b) in the case of any Class B(b) development—

(i) the development would take place in a National Park, an area of outstanding natural beauty, or a site of special scientific interest;

(ii) the height of any support would exceed 15 metres; or

(iii) the electronic communications line would exceed 1,000 metres in length;

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

(ii) the cubic content of the original building would be exceeded by more than 25% or, in the case of any building on article 2(3) land, by more than 10%, or

(iii) the floor space of the original building would be exceeded by more than 1,000 square metres or, in the case of any building on article 2(3) land, by more than 500 square metres;

(d) in the case of any Class B(e) development, the building would exceed 15 metres in height, or

(e) in the case of any Class B(f) development, it would consist of or include—

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

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

Conditions

B

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

(a) in the case of any Class B(a) development consisting of or including the replacement of an existing electric line, compliance with any conditions contained in a planning permission relating to the height, design or position of the existing electric line which are capable of being applied to the replacement line;

(b) in the case of any Class B(a) development consisting of or including the installation of a temporary electric line providing a diversion for an existing electric line, on the ending of the diversion or at the end of a period of 6 months from the completion of the installation (whichever is the sooner) the temporary electric line is removed and the land on which any operations have been carried out to install that line is restored as soon as reasonably practicable to its condition before the installation took place;

(c) in the case of any Class B(c) development, on the completion of that development, or at the end of a period of 6 months from the beginning of that development (whichever is the sooner) any plant or machinery installed is removed and the land is restored as soon as reasonably practicable to its condition before the development took place; and

(d) in the case of any Class B(e) development, approval of details of the design and external appearance of the buildings must be obtained, before development is begun, from—

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

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

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

Interpretation of Class B

B

For the purposes of Class B(a), “electric line” has the meaning given by section 64(1) of the Electricity Act 1989 (interpretation etc. of Part 1) .

B

For the purposes of Class B(b)—

“electrical plant” has the meaning given by section 64(1) to that Act; and

“electronic communications line” means a line which forms part of an electronic communications apparatus, (and both line and electronic communications apparatus have the meaning given in paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003 (the electronic communications code)).

B

For the purposes of Class B(d), (e) and (f), the land of the holder of a licence under section 6(1) of the Electricity Act 1989 (licensing of supply etc.) is treated as operational land if it would be operational land within section 263 of the Act (meaning of “operational land”) if such licence holders were statutory undertakers for the purpose of that section.

PART 16 — Communications

Class A – electronic communications code operators

Permitted development

A

Development by or on behalf of an electronic communications code operator for the purpose of the operator’s electronic communications network in, on, over or under land controlled by that operator or in accordance with the electronic communications code, consisting of—

(a) the installation, alteration or replacement of any electronic communications apparatus,

(b) the use of land in an emergency for a period not exceeding 18 months to station and operate moveable electronic communications apparatus required for the replacement of unserviceable electronic communications apparatus, including the provision of moveable structures on the land for the purposes of that use, or

Development not permitted

A.1

Development not permitted: ground-based apparatus

(1) Development consisting of the installation, alteration or replacement of electronic communications apparatus (other than on a building) is not permitted by Class A(a) if—

(a) in the case of the installation of electronic communications apparatus (other than a mast), the apparatus, excluding any antenna, would exceed a height of 15 metres above ground level;

(b) in the case of the alteration or replacement of electronic communications apparatus (other than a mast) that is already installed, the apparatus, excluding any antenna, would when altered or replaced exceed the height of the existing apparatus or a height of 15 metres above ground level, whichever is the greater;

(i) 30 metres above ground level on unprotected land; or

(ii) 25 metres above ground level on article 2(3) land or land which is on a highway; ...

(d) in the case of the alteration or replacement of a mast, the height of the mast, excluding any antenna, would when altered or replaced exceed the greater of the height of the existing mast or a height of—

(i) 30 metres above ground level on unprotected land; or

(ii) 25 metres above ground level on article 2(3) land or land which is on a highway; or

(e) in the case of the alteration or replacement of a mast—

(i) the mast is on any land which is, or is within, a site of special scientific interest; and

(ii) the mast would, when altered or replaced, exceed the original width of the mast by more than one third.

Development not permitted: building-based apparatus other than small antenna and small cell systems

(2) Development consisting of the installation, alteration or replacement of electronic communications apparatus (other than small antenna and small cell systems) on a building is not permitted by Class A(a) if—

(a) the height of the electronic communications apparatus (taken by itself) would exceed—

(i) 15 metres, where it is installed on a building which is 30 metres or more in height; or

(ii) 10 metres in any other case;

(b) the highest part of the electronic communications apparatus when installed, altered or replaced would exceed the height of the highest part of the building by more than—

(i) 10 metres, in the case of a building which is 30 metres or more in height;

(ii) 8 metres, in the case of a building which is more than 15 metres but less than 30 metres in height; or

(iii) 6 metres in any other case;

(i) on article 2(3) land or land which is, or is within, a site of special scientific interest; and

(ii) less than 15 metres in height,

the mast would be within 20 metres of the highway (unless the siting remains the same and the dimensions of the altered or replaced mast are no greater);

(d) in the case of the installation, alteration or replacement of an antenna on a building (other than a mast) which is less than 15 metres in height; on a mast located on such a building; or, where the antenna is to be located below a height of 15 metres above ground level, on a building (other than a mast) which is 15 metres or more in height—

(i) the antenna is to be located on a wall or roof slope facing a highway which is within 20 metres of the building on which the antenna is to be located;

(ii) in the case of dish antennas, the size of any dish would exceed 0.9 metres or the aggregate size of all the dishes on the building would exceed 4.5 metres, when measured in any dimension;

(iii) in the case of antennas other than dish antennas, the development would result in the presence on the building of—

(aa) more than 3 antenna systems; or

(bb) any antenna system operated by more than 3 electronic communications code operators; or

(iv) the building is a listed building or a scheduled monument;

(e) in the case of the installation, alteration or replacement of an antenna on a building (other than a mast) which is 15 metres or more in height, or on a mast located on such a building, where the antenna is located at a height of 15 metres or above, measured from ground level—

(i) in the case of dish antennas, the size of any dish would exceed 1.3 metres or the aggregate size of all the dishes on the building would exceed 10 metres, when measured in any dimension;

(ii) in the case of antennas other than dish antennas, the development would be on a building which is less than 30 metres in height and would result in the presence on the building of—

(aa) more than 5 antenna systems; or

(bb) any antenna system operated by more than 3 electronic communications code operators; or

(iii) the building is a listed building or a scheduled monument; or

(f) in the case of the installation of an antenna on electronic communications apparatus on a building on article 2(3) land—

(i) the size of any dish antenna to be installed would exceed 0.6 metres or the number of dish antenna which have been installed on the building since 21st August 2013 would exceed 3; or

(ii) the height of any antenna other than dish antenna to be installed would exceed 3 metres, or the number of such antennas which have been installed on the building since 21st August 2013 would exceed 3.

Development not permitted: apparatus on masts

(3) Development consisting of the installation, alteration or replacement of electronic communications apparatus (other than an antenna) on a mast is not permitted by Class A(a) if the height of the mast (including the apparatus installed, altered or replaced) would exceed any relevant height limit specified in paragraph A.1(1)(c) or (d) or A.1(2)(a) or (b). For the purposes of applying the limit specified in paragraph A.1(2)(a), the words “taken by itself” in that paragraph are omitted.

Development not permitted: antennas and supporting structures installed, replaced or altered on article 2(3) land or land which is a site of special scientific interest

(4) Development consisting of the installation, alteration or replacement of an antenna, a mast or any other apparatus which includes or is intended for the support of an antenna, or the replacement of an antenna or such apparatus by an antenna or apparatus which differs from that which is being replaced, is not permitted by Class A(a)—

(a) on any article 2(3) land unless—

(i) the development (excluding the installation, alteration or replacement of a mast) is carried out in an emergency and is within any limitations specified in paragraph A.1 for development of the same type on unprotected land;

(ii) the antenna or apparatus comprises or is part of a small cell system and is on a building which is not a dwellinghouse or within the curtilage of a dwellinghouse;

(iii) the antenna is a small antenna and the development is within the limitations specified in paragraph A.1(5) or (6); or

(iv) where the antenna or apparatus is not a small cell system or a small antenna, the development is within the limitations specified in paragraphs A.1(1)(c)(ii), A.1(1)(d)(ii) or A.1(2)(f);

(b) on any land which is, or is within, a site of special scientific interest unless—

(i) the development (excluding the installation, alteration or replacement of a mast) is carried out in an emergency and is within any limitations specified in paragraph A.1 for development of the same type on unprotected land; or

(ii) the development is within the limitations specified in paragraph A.1(5).

Development not permitted: electronic communications apparatus installed, replaced or altered on a dwellinghouse

(5) Development consisting of the installation, alteration or replacement of any electronic communications apparatus on a dwellinghouse or within the curtilage of a dwellinghouse is not permitted by Class A(a) if that apparatus—

(a) is not a small antenna;

(b) is to be located on a wall or roof slope facing a highway which is within 20 metres of the building on which the antenna is to be located;

(c) would result in the presence on that dwellinghouse or within the curtilage of the dwellinghouse of more than 1 small antenna;

(d) is to be located on a roof or chimney so that the highest part of the antenna would exceed in height the highest part of that roof or chimney respectively; or

(e) is on article 2(3) land and would be located—

(i) on a chimney;

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

(iii) on a wall or roof slope which fronts a highway; or

(iv) in the Broads, on a wall or roof slope which fronts a waterway.

Development not permitted: small antennas installed, replaced or altered on a building which is not a dwellinghouse

(6) Development consisting of the installation, alteration or replacement of a small antenna on a building which is not a dwellinghouse or within the curtilage of a dwellinghouse is not permitted by Class A(a) if—

(a) that antenna is to be located on a wall or roof slope facing a highway which is within 20 metres of the building on which the antenna is to be located;

(b) the building is less than 15 metres in height, and the installation, alteration or replacement would result in the presence on that building of more than 1 small antenna; or

(c) the building is 15 metres or more in height, but less than 30 metres in height, and the installation, alteration or replacement would result in the presence on that building of more than 2 small antennas.

Development not permitted: ground or base area

(7) Development consisting of the installation, alteration or replacement of any electronic communications apparatus other than—

(a) a mast;

(b) an antenna;

(d) any apparatus which does not project above the level of the surface of the ground; or

(e) radio equipment housing,

is not permitted by Class A(a) if the ground or base area of the structure would exceed 1.5 square metres.

Development not permitted: driver information systems

(8) Development consisting of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 (definitions of driver information systems etc.) is not permitted by Class A(a).

Development not permitted: radio equipment housing

(9) Development consisting of the installation, alteration or replacement of radio equipment housing is not permitted by Class A(a) if—

(a) the development is not ancillary to the use of any other electronic communications apparatus;

(b) the cumulative volume of such development would exceed 90 cubic metres or, if located on the roof of a building, the cumulative volume of such development would exceed 30 cubic metres; or

(c) ... on any land which is, or is within, a site of special scientific interest, any single development would exceed 2.5 cubic metres, unless the development is carried out in an emergency.

(9A) Sub-paragraph (9)(b) and (c) does not apply where the development is carried out within a permitted compound (and accordingly the development described in that sub-paragraph is permitted by Class A(a)).

Development not permitted: public call box

(10) Development consisting of the installation, alteration or replacement of a public call box is not permitted by Class A.

Conditions

A.2

(1) Class A(a) and A(c) development is permitted subject to the condition that—

(a) the siting and appearance of any—

(i) mast;

(ii) electronic communications apparatus installed, altered or replaced on a mast;

(iii) antenna or supporting apparatus;

(iv) radio equipment housing; or

(v) development ancillary to radio equipment housing,

constructed, installed, altered or replaced on a building (other than a building which is a mast) are such that the effect of the development on the external appearance of that building is minimised, so far as practicable;

(b) the siting and appearance of any—

(i) mast;

(ii) electronic communications apparatus installed, altered or replaced on a mast;

(iii) antenna or supporting apparatus;

(iv) radio equipment housing; or

(v) development ancillary to radio equipment housing,

which has been constructed, installed, altered or replaced in a manner which does not require prior approval under paragraph A.2(3) are such that the visual impact of the development on the surrounding area is minimised, so far as practicable;

(i) article 2(3) land;

(ii) a scheduled monument or a listed building;

(iii) the curtilage of a schedule monument or a listed building;

(iv) a World Heritage Site;

(v) a site designated by the Secretary of State under section 1 of the Protection of Wrecks Act 1973; or

(vi) land registered by Historic England in a register described in section 8C of the Historic Buildings and Ancient Monuments Act 1953,

are such that the visual impact of the development on the site is minimised so far as practicable, taking into account the nature and purposes of the site;

(d) the siting of any development is such that it—

(i) does not prevent pedestrians from passing along a footway;

(ii) does not prevent access to premises adjoining a footway; and

(iii) is determined having regard to—

(aa) the needs of disabled people; and

(bb) the guidance document “Inclusive Mobility” issued by the Department for Transport in December 2021.

(2) Class A development is permitted subject to the condition that—

(a) any electronic communications apparatus provided in accordance with that permission is removed from the land or building on which it is situated—

(i) if such development was carried out in an emergency, at the expiry of the relevant period; or

(ii) in any other case, as soon as reasonably practicable after it is no longer required for electronic communications purposes; and

(b) such land or building is restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer.

(3) Subject to sub-paragraph (5), Class A development—

(a) on article 2(3) land, excluding development specified in sub-paragraph (4);

(b) on land which is, or is within, a site of special scientific interest; ...

(i) the installation of a mast , other than the installation of a mast on a building where the height of the mast (including any antenna and supporting apparatus) does not exceed the height of the highest part of the building by more than 6 metres;

(ii) the alteration or replacement of a mast , other than on a building, which, when completed—

(aa) is taller than the mast which existed prior to such alteration or replacement; and

(bb) exceeds a height of 25 metres above ground level excluding any antenna;

(iia) the alteration or replacement of a mast , other than on a building, which—

(aa) is less than one metre wide where the mast would, when altered or replaced, exceed the original width of the mast by two thirds; or

(bb) is one metre wide or wider where the mast would, when altered or replaced, exceed the original width of the mast by more than one half or 2 metres, whichever is the greater; or

(iii) the construction, installation, alteration or replacement of radio equipment housing, where the volume of any single development , other than a single development within a permitted compound, exceeds 2.5 cubic metres;

(d) on a highway where that development consists of—

(i) the alteration or replacement of a mast , other than on a building, which, when completed—

(aa) is taller than the mast which existed prior to such alteration or replacement; and

(bb) exceeds a height of 20 metres above ground level excluding any antenna;

(ii) the alteration or replacement of a mast which—

(aa) is less than one metre wide where the mast would, when altered or replaced, exceed the original width of the mast by two thirds; or

(bb) is one metre wide or wider where the mast would, when altered or replaced, exceed the original width of the mast by more than one half or 2 metres, whichever is the greater; or

(e) which consists of the installation, alteration or replacement of a mast on a defence safeguarding area.

is permitted subject, except in case of emergency (in which case only paragraph A.3(12) applies), to the conditions set out in paragraph A.3 (prior approval).

(4) Development is specified for the purposes of sub-paragraph (3)(a), if it consists of—

(a) the installation, alteration or replacement of a small cell system on a building which is not a dwellinghouse or within the curtilage of a dwellinghouse; ...

(b) development which is within the limitations specified in paragraph ... A.1(2)(f), A.1(5) or A.1(6) ;

(i) within a permitted compound; or

(ii) in any other location, where the volume of any single development does not exceed 2.5 cubic metres;

(d) the alteration or replacement of a mast , other than on a building, which, when completed, is no taller (excluding any antenna) than the taller of—

(i) the height of the mast prior to such alteration or replacement; or

(ii) 20 metres above ground level; or

(e) the alteration or replacement of a mast , other than on a building, which—

(i) is less than one metre wide where the mast would, when altered or replaced, not exceed the original width of the mast by two thirds; or

(ii) is one metre wide or wider where the mast would, when altered or replaced, not exceed the original width of the mast by more than one half or 2 metres, whichever is the greater.

(5) The conditions set out in paragraph A.3 (prior approval) do not apply in relation to Class A development on any article 2(3) land which consists of the construction, installation, alteration or replacement of a telegraph pole, cabinet or line, in connection with the provision of fixed-line broadband ...

(5A) Except in case of emergency, Class A development which consists of the installation, alteration or replacement of a mast on a civil safeguarding area or a defence safeguarding area is permitted subject (in addition to any other condition imposed by this paragraph) to the conditions that—

(a) the developer notifies in writing—

(i) the Civil Aviation Authority, in respect of development on a civil safeguarding area;

(ii) the Secretary of State for Defence, in respect of development on a defence safeguarding area;

(iii) the operator of the civil safeguarding area (if the operator is not the Civil Aviation Authority) or defence safeguarding area (if the operator is not the Secretary of State for Defence); and

(b) the development does not begin until the end of 28 days after the day the last notification required by paragraph (a) is given.

(5B) In case of emergency, Class A development which consists of the installation, alteration or replacement of a mast on a civil safeguarding area or a defence safeguarding area is permitted subject to the condition that the developer notifies the person mentioned in sub-paragraph (5A)(a)(i) to (iii) (as appropriate) as soon as practicable after the emergency begins.

(6) In this paragraph—

“fixed-line broadband” means a service or connection (commonly referred to as being ‘always on’), via a fixed-line network, providing a bandwidth greater than narrowband (and for these purposes, “narrowband” means a service or connection providing data speeds up to 128 k bit/s); and

“relevant period” means a period which expires when the need for any electronic communications apparatus, structure or use permitted by Class A ceases or, if sooner, 18 months from the commencement of the construction, installation, alteration or replacement of apparatus or structures permitted by Class A(a) or Class A(c), or the commencement of the use permitted by Class A(b), as the case may be.

A.3

(1) Before making the application required by sub-paragraph (4), the developer must give notice of the proposed development to—

(a) any person (other than the developer) who is an owner of the land to which the development relates, or

(b) a tenant of an agricultural holding any part of which is comprised in the land to which the application relates.

(2) Notice must be given by or on behalf of the developer as follows—

(a) by serving a signed and dated notice on every person described in sub-paragraph (1) whose name and address is known to the developer, stating—

(i) the name of the developer;

(ii) the address or location of the proposed development;

(iii) a description of the proposed development (including its siting and appearance which includes the height of any mast);

(iv) a statement that the developer will 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 appearance of the development;

(v) the name and address of the local planning authority to whom the application will be made;

(vi) a statement that the application is available for public inspection at the offices of the local planning authority during usual office hours;

(vii) a statement that any person who wishes to make representations about the siting and appearance of the proposed development may do so in writing to the local planning authority;

(viii) the date by which any such representations should be received by the local planning authority, being a date not less than 14 days from the date of the notice; and

(ix) the address to which such representations should be made; or

(b) if the developer has been unable to ascertain the names and addresses of every such person after taking reasonable steps, by local advertisement.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Before beginning the development described in paragraph A.2(3), 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 appearance of the development.

(5) The application must be accompanied by—

(a) a written description of the proposed development and a plan indicating its proposed location together with any fee required to be paid;

(b) the developer’s contact address, and the developer’s email address if the developer is content to receive communications electronically;

(d) where the condition in paragraph A.2(5A) applies, evidence that the Civil Aviation Authority, the Secretary of State for Defence or the operator of the civil safeguarding area or defence safeguarding area, as the case may be, has been notified of the proposal.

(6) Subject to sub-paragraphs (8)(b)(ii) and (c), upon receipt of the application in accordance with sub-paragraph (5), the local planning authority must—

(a) for development which, in their opinion, falls within a category set out in the Table in Schedule 4 to the Procedure Order (consultations before the grant of permission), consult the authority or person mentioned in relation to that category, except where—

(i) the local planning authority are the authority so mentioned; or

(ii) the authority or person so mentioned has advised the local planning authority that they do not wish to be consulted,

and must give the consultees at least 14 days within which to comment;

(ab) for development which is subject to the condition in paragraph A.2(5A), consult—

(i) the Civil Aviation Authority, in respect of development on a civil safeguarding area;

(ii) the Secretary of State for Defence, in respect of development on a defence safeguarding area;

(iii) the operator of the civil safeguarding area (if the operator is not the Civil Aviation Authority) or defence safeguarding area (if the operator is not the Secretary of State for Defence);

(b) in the case of development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated, or which would affect a right of way to which Part 3 of the Wildlife and Countryside Act 1981 (public rights of way) applies, must give notice of the proposed development, in the appropriate form set out in Schedule 2 to the Procedure Order (notice of applications for planning permission)—

(i) by site display in at least one place on or near the land to which the application relates, for not less than 21 days, and

(ii) by local advertisement;

(c) in the case of development which does not fall within paragraph (b) but which involves development carried out on a site having an area of 1 hectare or more, must give notice of the proposed development, in the appropriate form set out in Schedule 2 to the Procedure Order by local advertisement and either—

(i) by site display in at least one place on or near the land to which the application relates, for not less than 21 days, or

(ii) by serving notice on any adjoining owner or occupier;

(d) in the case of development which does not fall within paragraph (b) or (c), must give notice of the proposed development, in the appropriate form set out in Schedule 2 to the Procedure Order—

(i) by site display in at least one place on or near the land to which the application relates for not less than 21 days, or

(ii) by serving notice on any adjoining owner or occupier.

(7) When determining the application made under sub-paragraph (4), the local planning authority must—

(a) take into account any representations made to them as a result of consultations or notices given under paragraph A.3; and

(b) not grant prior approval contrary to the advice of any person consulted in accordance with sub-paragraph (6)(ab).

(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 prior approval is not required;

(b) where the local planning authority gives the applicant written notice that prior approval is required—

(i) the giving of that approval to the applicant, in writing, within a period of 56 days beginning with the date on which the local planning authority received the application in accordance with sub-paragraph (5);

(ii) the expiry of a period of 56 days beginning with the date on which the local planning authority received the application in accordance with sub-paragraph (5) without the local planning authority notifying the applicant, in writing, that such approval is given or refused; or

(c) the expiry of a period of 56 days beginning with the date on which the local planning authority received the application in accordance with sub-paragraph (5) without the local planning authority notifying the applicant, in writing, of their determination as to whether such prior approval is required.

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

(a) where prior approval has been given as mentioned in sub-paragraph (8)(b)(i), in accordance with the details approved;

(b) in any other case, in accordance with the details submitted with the application.

(10) The agreement in writing referred to in sub-paragraph (9) requires no special form of writing, and, where that agreement is in place, there is no requirement on the developer to submit a new application for prior approval in the case of minor amendments to the details submitted with the application for prior approval.

(11) The development must begin—

(a) where prior approval has been given as mentioned in sub-paragraph (8)(b)(i), not later than the expiration of 5 years beginning with the date on which the approval was given;

(b) in any other case, not later than the expiration of 5 years beginning with the date on which the local planning authority received the application in accordance with sub-paragraph (5).

(12) In the case of emergency, development is permitted by Class A subject to the condition that the operator must give written notice of such development as soon as possible after the emergency begins, to—

(a) the local planning authority; and

(b) in the case of development carried out on land which is, or is within, a site of special scientific interest, to Natural England.

(13) When computing the number of days in sub-paragraphs (6)(b)(i), (6)(c)(i) and (6)(d)(i), any day which is a public holiday must be disregarded.

Interpretation of Class A

A.4

For the purposes of Class A—

“aerodrome” has the meaning given by the Safeguarding Direction;

“antenna system” means a set of antennas installed on a building and operated in accordance with the electronic communications code;

“civil safeguarding area” means the area identified on a safeguarding map issued by the Civil Aviation Authority in relation to an aerodrome or technical site;

“defence safeguarding area” means the area identified on a safeguarding map issued by the Secretary of State for Defence in relation to an aerodrome, a military explosives storage area or a technical site;

“development ancillary to radio equipment housing” means the construction installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of the radio equipment housing, and except on any land which is, or is within, a site of special scientific interest includes—security equipment;perimeter walls and fences; andhandrails, steps and ramps;

“electronic communications apparatus” and “electronic communications code” have the same meaning as in the Communications Act 2003;

“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106(3)(a) of the Communications Act 2003;

“electronic communications service” means a service falling within the definition of that term in section 32(2) of the Communications Act 2003;

“footway” has the meaning given by section 329(1) (further provisions as to interpretation) of the Highways Act 1980;

“mast” means a radio mast or radio tower;

“military explosives storage area” has the meaning given by the Safeguarding Direction;

“original width”, in relation to a mast, means the width of the mast approved by the most recent—prior approval given in respect of the mast under this Class; orexpress grant of planning permission following an express application for planning permission in respect of the mast;

“owner” means any person who is the estate owner in respect of the fee simple, or who is entitled to a tenancy granted or extended for a term of years certain of which not less than 7 years remain unexpired;

“permitted compound” means a compound which—is no more than 100 square metres in area; andhas a closed perimeter;

“public call box” means any kiosk, booth, acoustic hood, shelter or similar structure which is erected or installed for the purpose of housing or supporting electronic communications apparatus and at which an electronic communications service is provided (or is to be provided) by an electronic communications code operator;

“the Safeguarding Direction” means the Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) Direction 2002;

“safeguarding map” means—a map which meets the definition of “safeguarding map” in the Safeguarding Direction;a map issued under article 31(1) of the Procedure Order or any previous powers to the like effect;

“single development”, in relation to radio equipment housing, means development in relation to a single, discrete unit of radio equipment housing (irrespective of when the development takes place);

“small antenna” means an antenna which—is for use in connection with a telephone system operating on a point to fixed multi-point basis;does not exceed 0.5 metres in any linear measurement; anddoes not, in two-dimensional profile, have an area exceeding 1,591 square centimetres,and any calculation for the purposes of paragraph (b) or (c) excludes any feed element, reinforcing rim mountings and brackets;

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.