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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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(b) where the developer has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement.

(2) Where the proposed development consists of the installation of a mast within 3 kilometres of the perimeter of an aerodrome, the developer must, before commencing development, notify the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate.

Interpretation of Class T

T.6

For the purposes of Class T—

“aerodrome operator” means the person who is for the time being responsible for the management of the aerodrome;

“appropriate notice” means a notice signed and dated by or on behalf of the developer and containing— the name of the developer; the address or location of the proposed development; a description of the proposed development (including its siting and appearance and the height of any mast);

“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;

“mast” means a radio mast or a radio tower;

“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;

“relevant day” means— 7th June 2006; or where apparatus is installed pursuant to planning permission granted on or after 7th June 2006, the date when that apparatus is finally installed pursuant to that permission, whichever is later;

“relevant period” means a period which expires— 6 months from the commencement of the construction, installation, alteration or replacement of any apparatus or structure permitted by Class T(a) or Class T(c) or from the commencement of the use permitted by Class T(b), as the case may be; or when the need for such apparatus, structure or use ceases, whichever occurs first; and

“tenant” means the tenant of an agricultural holding any part of which is comprised in the land to which the proposed development relates.

Interpretation of Part 19

U

For the purposes of Part 19—

“airbase” means the aggregate of the land, buildings and works comprised in a Government aerodrome within the meaning of paragraph 1 of Schedule 1 to the Air Navigation Order 2016; and

“air traffic services” has the same meaning as in section 98 of the Transport Act 2000 (air traffic services) .

SCHEDULE 3 — Procedures for Article 4 directions

Procedure for article 4(1) directions without immediate effect

1

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

(a) by local advertisement;

(b) by site display at no fewer than 2 locations within the area to which the direction relates, or, if the direction is made under article 4(1)(b), on the site of the particular development to which the direction relates, for a period of not less than 6 weeks; and

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

(2) In a case where this paragraph applies, the local planning authority need not serve notice on an owner or occupier in accordance with sub-paragraph (1)(c), if they consider that—

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

(b) the number of owners or occupiers within the area to which the direction relates makes individual service impracticable.

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

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

(a) include a description of the development and the area to which the direction relates, or the site to which it relates, as the case may be, and a statement of the effect of the direction;

(b) specify that the direction is made under article 4(1) of this Order;

(c) name a place where a copy of the direction, and a copy of a map defining the area to which it relates, or the site to which it relates, as the case may be, may be seen at all reasonable hours;

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

(e) specify the date on which it is proposed that the direction will come into force, which must be at least 28 days but no longer than 2 years after the date referred to in paragraph (d).

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

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

(7) The direction comes into force in respect of any part of the land within the area to which it relates on the date specified in accordance with sub-paragraph (4)(e) but does not come into force unless confirmed by the local planning authority in accordance with sub-paragraphs (9) and (10).

(8) On making a direction under article 4(1)—

(a) a county planning authority must give notice of it to any district planning authority in whose district the area or part of the area to which the direction relates is situated; and

(b) except in metropolitan districts, a district planning authority must give notice of it to the county planning authority, if any.

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

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

(a) a period of at least 28 days following the latest date on which any notice relating to the direction was served or published; or

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

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

(a) give notice of such confirmation and the date on which the direction will come into force; and

(b) send a copy of the direction as confirmed to the Secretary of State.

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

(13) A local planning authority may, by making a subsequent direction, cancel any direction made by them under article 4(1); and the Secretary of State may, subject to paragraphs 2(3) and (4), make a direction cancelling or modifying any direction under article 4(1) made by a local planning authority at any time before or after its confirmation.

(14) Sub-paragraphs (1) to (12) apply in relation to any direction made under sub-paragraph (13) by a local planning authority unless the direction it is cancelling is a direction to which paragraph 2 applied.

(15) Paragraphs 2(2) to (10) apply in relation to any direction made by a local planning authority under sub-paragraph (13) cancelling a direction to which paragraph 2 applied.

(16) The Secretary of State must notify the local planning authority as soon as practicable after making a direction under sub-paragraph (13).

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

(18) A direction made under sub-paragraph (13) by the Secretary of State comes into force in respect of any part of the land within the area to which it relates—

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

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

Procedure for article 4(1) directions with immediate effect

2

(1) This paragraph applies where—

(a) a direction relating only to development permitted by any of Parts 1 to 4, or Class B or C of Part 11, of Schedule 2 has been made by the local planning authority under article 4(1) and the authority consider that the development to which the direction relates would be prejudicial to the proper planning of their area or constitute a threat to the amenities of their area; or

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

(2) Subject to sub-paragraphs (3), (4) and (9), paragraphs 1(1) to (3), (4)(a) to (d), (5), and (8) to (10) apply in relation to a direction to which this paragraph applies; and the planning authority must notify the Secretary of State of the direction on the same day that notice is given under paragraph 1(1).

(3) The Secretary of State may not make a direction under paragraph 1(13) within the whole or part of any conservation area where the development to which the direction relates is described in—

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

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

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

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

(f) Class G of Part 1 of that Schedule, consisting of the installation, alteration or replacement of a chimney on a dwellinghouse;

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

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

(i) Class C of Part 2 of the Schedule, consisting of the painting of the exterior of any part of—

(i) a dwellinghouse; or

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

which fronts a relevant location;

(j) Class C of Part 11 of that Schedule, where the gate, fence, wall or other means of enclosure is within the curtilage of a dwellinghouse and fronts a relevant location.

(4) The Secretary of State may not modify a direction to which this paragraph applies or a direction which relates to—

(a) a listed building;

(b) a building which is notified to the authority by the Secretary of State as a building of architectural or historic interest; or

and does not relate to land of any other description.

(5) The direction comes into force in respect of any part of the land within the area to which it relates—

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

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

(6) A direction to which this paragraph applies expires at the end of the period of 6 months beginning with the date on which it comes into force unless confirmed by the local planning authority in accordance with paragraphs 1(9) and (10) before the end of the 6 month period.

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

(a) give notice of their confirmation; and

(b) send a copy of the direction as confirmed to the Secretary of State.

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

(9) Sub-paragraph (7)(b) does not apply in relation to a direction to which sub-paragraph (3) applies or to a direction which relates to—

(a) a listed building;

(b) a building which is notified to the authority by the Secretary of State as a building of architectural or historic interest; or

and does not relate to land of any other description.

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

SCHEDULE 4 — Statutory Instruments revoked in so far as they apply to England

1

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

2

The Town and Country Planning (General Permitted Development) (Amendment) Order 1996 .

3

The Town and Country Planning (General Permitted Development) (Amendment) Order 1997 .

4

The Town and Country Planning (General Permitted Development) (Amendment) Order 1998 .

5

The Town and Country Planning (General Permitted Development) (Amendment) Order 1999 .

6

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2001 .

7

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2005 ;

8

The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2005 .

9

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2006 .

10

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2007 .

11

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2008 .

12

The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 .

13

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2010 .

14

The Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2010 .

15

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2011 .

16

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2012 .

17

The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2012 .

18

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 .

19

The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2013 .

20

The Town and Country Planning (General Permitted Development) (Amendment) (England) (No. 3) Order 2013 .

21

The Town and Country Planning (General Permitted Development) (Amendment) (England) (No. 4) Order 2013 .

22

The Town and Country Planning (General Permitted Development) (Amendment and Consequential Provisions) (England) Order 2014 .

23

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

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Brandon Lewis — Minister of State — 2015-03-18

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1990 c. 8. Section 59 was amended by section 1 of, and Schedule 1 to, the Growth and Infrastructure Act 2013 (c. 27); section 60 was amended by section 4(1) of the Growth and Infrastructure Act 2013; section 74 was amended by section 121 of, and Schedule 12 to, the Localism Act 2011 (c. 20), sections 19(1) and 32 of, and Schedule 7 to, the Planning and Compensation Act 1991 (c. 34) and section 344 of the Greater London Authority Act 1999 (c. 29).

[^f00002]: 1994 c. 21, to which there is an amendment not relevant to this Order.

[^f00003]: 1960 c. 62; which was amended by the Town and Country Planning Act 1962 (c. 38), Local Government Act 1963 (c. 33), Courts Act 1971 (c. 23), Local Government Act 1972 (c. 70), Local Government Act 1974 (c. 7), Statute Law (Repeals) Act 1974 (c. 22), Greater London Council (General Powers) Act 1976 (c. 26), Local Government, Planning and Land Act 1980 (c. 65), Acquisition of Land Act 1981 (c. 67), Local Government (Miscellaneous Provisions) Act 1982 (c. 30), Criminal Justice Act 1982 (c. 48), Planning (Consequential Provisions) Act 1990 (c. 11), Statute Law (Repeals) Act 1993 (c. 50), Criminal Justice and Public Order Act 1994 (c. 33), Environment Act 1995 (c. 25), Courts Act 2003 (c. 39), Fire and Rescue Services Act 2004 (c. 21), Mobile Homes Act 2013 (c. 14), and S.I. 1975/1636 and 2005/1541. There are other amendments not relevant to this Order.

[^f00004]: S.I. 2009/3015, to which there are amendments not relevant to this Order.

[^f00005]: 2000 c. 37. Section 82 was amended by Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16). There is another amendment not relevant to this Order.

[^f00006]: See in particular section 29, to which there are amendments not relevant to this Order.

[^f00007]: 1980 c. 66.

[^f00008]: 2000 c. 7. Section 15 was amended by Schedule 17 to the Communications Act 2003 (c. 21).

[^f00009]: 1976 c. 70, to which there are amendments not relevant to this Order.

[^f00010]: 1990 c. 9. Section 1 was amended by Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24).

[^f00011]: See the Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) Direction 2002, which is annexed to Joint Circular 01/2003 issued on 27 January 2003 by the Office of the Deputy Prime Minister, a copy of which can be inspected at the Planning Directorate, Department for Communities and Local Government, 2 Marsham Street, London SW1P 4DF.

[^f00012]: 1993 c. 43; see in particular sections 6 and 83. Relevant amendments to section 6 were made by S.I. 1998/1340 and 2005/3050.

[^f00013]: S.I. 1996/825.

[^f00014]: 1962 c. 58. Section 1 was amended by sections 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48), Schedule 2 to the Planning Act 2008 (c. 29) and S.I. 1999/742 and 2007/1519.

[^f00015]: See section 293 of the Act for the definition of Crown land.

[^f00016]: S.I. 2015/595.

[^f00017]: There are amendments to section 329 not relevant to this Order.

[^f00018]: 1981 c. 14. Section 1 was amended by Schedule 8 to the Transport Act 1985 (c. 67).

[^f00019]: 1988 c. 52. The definition of “trolley vehicle” was amended by Schedule 4 to the Road Traffic Act 1991 (c. 40).

[^f00020]: 1979 c. 46. Section 1 was amended by Schedule 4 to the National Heritage Act 1983 (c. 47), and modified by section 70 of, and Schedule 9 to, the Environment Act 1995 (c. 25).

[^f00021]: 1979 c. 46. Section 33 was amended by Schedule 4 to the National Heritage Act 1983 (c. 47) and Schedule 2 to the Local Government Act 1985 (c. 51), and modified by section 70 of, and Schedule 9 to, the Environment Act 1995 (c. 25).

[^f00022]: 1981 c. 69. Section 28 was substituted, and sections 28B and 28C were inserted, by Schedule 9 to the Countryside and Rights of Way Act 2000 (c. 37). Sections 28(1), 28B(1) and 28C(1) are amended by Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16), and section 28(1) was further amended by Schedule 13 to the Marine and Coastal Access Act 2009 (c. 23).

[^f00023]: Section 262 was amended by Schedule 19 to the Planning and Compensation Act 1991 (c. 34), Schedule 5 to the Transport Act 2000 (c. 38) and S.I. 2001/1149 and 2013/755, and modified by sections 31 and 76 of the Utilities Act 2000 (c. 27).

[^f00024]: 2011 c. 5. See in particular sections 35 and 65 of the Act.

[^f00025]: See in particular sections 30 to 33 and 65 of the Postal Services Act 2011.

[^f00026]: 2000 c. 38.

[^f00027]: A body established under section 1 of the Environment Act 1995 (c. 25).

[^f00028]: 1989 c. 29. Section 6 was substituted by section 30 of the Utilities Act 2000, and amended by sections 89, 136, 143, 145 and 197 of, and Schedule 23 to, the Energy Act 2004 (c. 20), Schedule 8 to the Climate Change Act 2008 (c. 27), Schedule 1 to the Energy Act 2011 (c. 16) and S.I. 2011/2704 and 2012/2400.

[^f00029]: 1980 c. 66; section 10 was amended by section 22 of the New Roads and Street Works Act 1991 (c. 22) and Schedule 2 to the Planning Act 2008 (c. 29); section 19 was amended by section 21 of the New Roads and Street Works Act 1991.

[^f00030]: S.I. 1987/764, relevant amendments are made by S.I. 1991/1567, 1992/610, 1992/657, 1994/724, 1995/297, 1999/293, 2005/84, 2006/220, 2006/1282, 2010/653, 2010/675, 2011/988 and 2015/597.

[^f00031]: See http:/whc.unesco.org/en/list

[^f00032]: 1971 c. 80.

[^f00033]: S.I. 2010/490.

[^f00034]: S.I. 2011/1824, was amended by S.I. 2012/637, 2013/2140 and 2013/2879. See regulation 2 for the definition of Schedule 1 development and Schedule 2 development.

[^f00035]: See regulation 2 of S.I. 2011/1824 for the definition of “EIA development”.

[^f00036]: 1991 c. 59. See section 72 for the definition of “drainage body”, was amended by Schedule 22 to the Environment Act 1995 (c. 25); there is another amendment which is not relevant to this Order.

[^f00037]: S.I. 1999/1783. See regulation 2 for the definition of “improvement works”; the definition was amended by S.I. 2005/1399. There are other amendments not relevant to this Order.

[^f00038]: See section 1(4) of the Act.

[^f00039]: S.I. 1984/1286.

[^f00040]: S.I. 2015/659.

[^f00041]: 1981 c. 69. Section 41 was amended by sections 20 and 24 of, and Schedules 3 and 4 to, the Agriculture Act 1986 (c. 49), Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (c. 4), Schedule 10 to the Environment Act 1995 (c. 25) and Schedules 11 and 12 to the Natural Environment and Rural Communities Act 2006 (c. 16). There are other amendments not relevant to this Order.

[^f00042]: 1980 c. 66. See in particular sections 36, 328 and 329; section 36 was amended by Schedule 4 to the Local Government Act 1985 (c. 51), Schedule 2 to the Housing (Consequential Provisions) Act 1985 (c. 71), Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11), section 64 of, and Schedule 4 to, the Transport and Works Act 1992 (c. 42), Schedule 6 to the Countryside and Rights of Way Act 2000 (c. 37) and S.I. 2006/1177. There are amendments to section 329 but none are relevant to this Order.

[^f00043]: Classes A3 and A4 were inserted into the Use Classes Order by S.I. 2005/84.

[^f00044]: S.I. 2012/2421.

[^f00045]: 2011 c.20.

[^f00046]: 1981 c. 69. Section 41 was amended by sections 20 and 24 of, and Schedules 3 and 4 to, the Agriculture Act 1986 (c. 49), Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (c. 4), Schedule 10 to the Environment Act 1995 (c. 25) and Schedules 11 and 12 to the Natural Environment and Rural Communities Act 2006 (c. 16). There are other amendments not relevant to this Order.

[^f00047]: 1981 c. 69. Section 41 was amended by sections 20 and 24 of, and Schedules 3 and 4 to, the Agriculture Act 1986 (c. 49), Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (c. 4), Schedule 10 to the Environment Act 1995 (c. 25) and Schedules 11 and 12 to the Natural Environment and Rural Communities Act 2006 (c. 16). There are other amendments not relevant to this Order.

[^f00048]: A body established under section 1 of the Environment Act 1995 (c. 25).

[^f00049]: A body established under section 1 of the Environment Act 1995 (c. 25).

[^f00050]: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf A copy of which may be inspected at the Planning Directorate, the Department for Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.

[^f00051]: 1990 c. 25. Part 2A was inserted by section 57 of the Environment Act 1995 (c. 25). See in particular section 78(2), was amended by section 86 of the Water Act 2003 (c. 37).

[^f00053]: 1986 c. 5; relevant amendments are made by Schedule 12 to the Education Reform Act 1988 (c. 40), the Schedule to the Agricultural Tenancies Act 1995 (c. 8), Schedule 8 to the Civil Partnership Act 2004 (c. 33) and S.I. 2006/2805 and 2013/1036.

[^f00054]: 1995 c. 8; relevant amendments are made by Schedule 8 to the Civil Partnership Act 2004, and S.I. 2006/2805 and 2013/1036.

[^f00055]: S.I. 1987/764. The definition of “pay day loan shop” was inserted by S.I. 2015/597.

[^f00056]: 2006 c. 21. See in particular: section 34 regarding the need for a person to be registered in respect of premises; section 96 in relation to the definition of “early years provision”; and section 98 in relation to the definition of “premises” (to which there are amendments not relevant to this Order). There are other amendments to the 2006 Act but none are relevant to this Order.

[^f00057]: 2010 c. 32; see in particular sections 1 to 1C. Relevant amendments are made by Part 6 of the Education Act 2011 (c. 21).

[^f00058]: 1998 c. 31. The definition was amended by S.I. 2010/1158; there are other amendments to section 142(1) but none are relevant to this Order.

[^f00059]: S.I. 2012/2421.

[^f00060]: 2011 c.20.

[^f00061]: A body established under section 1 of the Environment Act 1995 (c. 25).

[^f00062]: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf A copy of which may be inspected at the Planning Directorate, the Department for Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.

[^f00063]: 1996 c. 55. There are amendments to section 99 which are not relevant to this Order.

[^f00064]: 1936 c. 49; relevant amendments are made by section 30(1) of, and Schedule 4 to, the Caravan Sites and Control of Development Act 1960 (c. 62) and Schedule 6 to the Building Act 1984 (c. 55).

[^f00065]: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf A copy of which may be inspected at the Planning Directorate, the Department for Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.

[^f00066]: 1988 c.52.

[^f00067]: S.I. 1999/743. There are amendments not relevant to this Order.

[^f00068]: S.I. 2010/675. “Environmental permits” has the meaning given in regulation 13(1) and “exempt facility” has the meaning given in regulation 5.

[^f00069]: 1964 c. 40; relevant amendments are made by Schedules 6 and 12 to the Transport Act 1981 (c. 56), section 46 of the Criminal Justice Act 1982 (c. 48), Schedule 3 to the Transport and Works Act 1992 (c. 42), Schedule 2 to the Planning Act 2008 (c. 29), Schedule 21 to the Marine and Coastal Access Act 2009 (c. 23) and S.I. 2006/1177 and 2009/1941.

[^f00070]: 1945 c. 18. An order is subject to special parliamentary procedure under the Act if it is one which the Secretary of State makes which authorises the compulsory purchase of land (see paragraph 22 of Schedule 3 to the Harbours Act 1964).

[^f00071]: 1968 c. 73, was amended by S.I. 2012/1659; there are other amendments not relevant to this Order.

[^f00072]: 1995 c. 21. See in particular section 193 as to the meaning of a general and a local lighthouse authority and Part 8 of the Act in general; relevant amendments are made by sections 19 and 20 of, and Schedule 6 to, the Merchant Shipping and Maritime Security Act 1997 (c. 28), sections 8 and 9 of the Marine Navigation Act 2013 (c. 23), Schedule 8 to the Public Service Pensions Act 2013 (c. 25) and S.I. 2003/2867.

[^f00073]: 2000 c. 38.

[^f00074]: See in particular sections 5 to 7 and 40 (section 5 was amended by S.I. 2009/1941 and 2011/205).

[^f00075]: 1986 c. 31.

[^f00076]: 1986 c. 31. See section 57A(2); section 57A was substituted for section 57 by Schedule 8 to the Civil Aviation Act 2012 (c. 19). There are other amendments to Part 5 but none are relevant to this Order.

[^f00077]: 1962 c. 46.

[^f00078]: 1968 c. 73, relevant amendments are made by Schedule 3 to the Transport Act 1985 (c. 67), Schedule 4 to the Local Transport Act 2008 (c. 26) and S.I. 2014/866.

[^f00079]: Section 55(2)(b) was amended by Schedule 9 to the Planning and Compulsory Purchase Act 2004 (c. 5) and S.I. 1999/293.

[^f00080]: 1980 c. 66. Relevant amendments are made by section 1 of, and Schedule 1 to, the Infrastructure Act 2015 (c. 7).

[^f00081]: 2015 c. 7.

[^f00082]: 1962 c. 46.

[^f00083]: 1968 c. 73, relevant amendments are made by Schedule 3 to the Transport Act 1985 (c. 67), Schedule 4 to the Local Transport Act 2008 (c. 26) and S.I. 2014/866.

[^f00084]: 1991 c. 22; which was amended by Schedule 2 to the Planning Act 2008 (c. 29).

[^f00085]: 1980 c. 66. See in particular sections 36, 328 and 329; section 36 was amended by Schedule 4 to the Local Government Act 1985 (c. 51), Schedule 2 to the Housing (Consequential Provisions) Act 1985 (c. 71), Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11), section 64 of, and Schedule 4 to, the Transport and Works Act 1992 (c. 42), Schedule 6 to the Countryside and Rights of Way Act 2000 (c. 37) and S.I. 2006/1177. There are amendments to section 329 but none are relevant to this Order.

[^f00086]: Historic England is the name used by the Historic Buildings and Monuments Commission for England (a body established under section 32 of the National Heritage Act 1983 (c. 47)).

[^f00087]: Section 196D was inserted by paragraph 6 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24).

[^f00088]: S.I. 2012/2421.

[^f00089]: 1979 c. 46; see in particular sections 2 to 4, relevant amendments to which are made by section 33 of, and Schedule 4 to, the National Heritage Act 1983 (c. 47) and Schedule 2 to the Planning Act 2008 (c. 29).

[^f00090]: 1990 c. 9; see in particular sections 7, 8 and 18, relevant amendments to which are made by section 51 of the Planning and Compulsory Purchase Act 2004 (c. 5) and Schedule 2 to the Planning Act 2008, S.I. 2001/24. Those sections are modified in relation to buildings in conservation areas by S.I. 1990/1519.

[^f00091]: 2011 c.20.

[^f00092]: 1991 c. 34. Section 106 of the Act was amended by section 33 of the Greater London Authority Act 2007 (c. 24), section 174 of the Planning Act 2008 and Schedule 2 to the Growth and Infrastructure Act 2013 (c. 27).

[^f00093]: Section 299A was repealed by Schedule 9 to the Planning and Compulsory Purchase Act 2004 (c.5).

[^f00094]: Section 196D was inserted by paragraph 6 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24).

[^f00095]: 1980 c. 65; see sections 135 and 171. Section 135 was amended by section 179 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28). There are no amendments to section 171 relevant to this Order.

[^f00096]: 1991 c. 57; which was amended by Schedule 22 to the Environment Act 1995 and S.I. 2013/755.

[^f00097]: 1991 c. 57; which was amended by Schedule 22 to the Environment Act 1995 and S.I. 2013/755.

[^f00098]: 1991 c. 59; which was amended by Schedule 22 to the Environment Act 1995 (c. 25). There is another amendment not relevant to this Order.

[^f00099]: A body established under section 1 of the Environment Act 1995 (c. 25).

[^f00100]: 1991 c. 57; which was amended by Schedule 22 to the Environment Act 1995 and S.I. 2013/755.

[^f00101]: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf A copy of which may be inspected at the Planning Directorate, the Department for Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.

[^f00102]: 2000 c. 38. See in particular sections 5 to 7 and 40 (section 5 was amended by S.I. 2009/1941 and 2011/205).

[^f00103]: Version 2.4 dated 16th December 2013, an electronic copy of which can be found here: http://www.microgenerationcertification.org/mcs-standards/product-standards/10-mcs-standards/126-product-standards-2 and a copy of the MCS Planning Standards may be inspected at the Department of Energy and Climate Change, 3 Whitehall Place, London, SW1A 2HH.

[^f00104]: Version 2.1, dated 15th January 2014, an electronic copy of which can be found here: http://www.microgenerationcertification.org/mcs-standards/product-standards and a copy of the MCS Planning Standards may be inspected at the Department of Energy and Climate Change, 3 Whitehall Place, London, SW1A 2HH.

[^f00105]: 2004 c. 20.

[^f00106]: 1965 c. 36; relevant amendments are made by section 67 of, and Schedule 7 to, the Gas Act 1986 (c. 44), Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c.11), Schedule 4 to the Gas Act 1995 (c. 45) and Schedule 2 to the Planning Act 2008 (c. 29). See section 5(1) of the Gas Act 1965 for the meaning of storage area and protective area.

[^f00107]: See section 1(1) of the Act, which was amended by section 31 of the Greater London Authority Act 2007 (c. 24); there are other amendments not relevant to this Order.

[^f00108]: 1989 c. 29, was amended by Schedule 2 to the Planning Act 2008 (c. 29).

[^f00109]: 1989 c. 29.

[^f00110]: The definition of electrical plant was amended by Schedule 6 to the Utilities Act 2000 (c. 27).

[^f00111]: 1984 c. 12; the definition of electronic communications apparatus was inserted, and the definition of line substituted, by Schedule 3 to the Communications Act 2003 (c. 21).

[^f00112]: 1989 c. 29. Section 6 was substituted by section 30 of the Utilities Act 2000 (c. 27); subsection (1) was amended by sections 136 and 145 of, and Schedule 23 to, the Energy Act 2004 (c. 20) and S.I. 2012/2400.

[^f00113]: Section 263 was amended by Schedule 19 to the Planning and Compensation Act 1991 (c. 34), Schedule 5 to the Transport Act 2000 (c. 38) and S.I. 2001/1149.

[^f00114]: 1989 c.22.

[^f00115]: 1981 c. 69. See in particular section 66 to which there are amendments not relevant to this Order.

[^f00116]: 2003 c. 21; there is a relevant amendment in S.I. 2011/1210. See in particular section 151 for the definition of “electronic communications apparatus”, section 106(1) for the definition of “electronic communications code” and section 32(2) for the definition of “electronic communications service”.

[^f00117]: 1989 c. 22.

[^f00118]: 1989 c. 22.

[^f00119]: 2011 c. 5. By section 65(1) (as applied by section 65(3)), a universal service provider means any postal operator for the time being designated under section 35, and postal operator has the meaning given by section 27.

[^f00120]: See section 1(4) of the Act.

[^f00121]: See section 1(4) of the Act.

[^f00122]: 1994 c. 32; which was amended by S.I. 2009/1941. See also section 25 concerning coal-mining operations to be licensed.

[^f00123]: See section 1(4) of the Act.

[^f00124]: See section 1(4) of the Act.

[^f00125]: Section 288 was amended by Schedule 3 to the Tribunals and Inquiries Act 1992 (c. 53).

[^f00126]: Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991 (c. 34), Schedules 10 and 11 to the Planning Act 2008 (c. 29), section 123 of, and Schedule 12 to, the Localism Act 2011 (c. 20) and Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27).

[^f00127]: S.I. 1988/1813.

[^f00128]: 1994 c. 21.

[^f00129]: See section 1(4) of the Act.

[^f00130]: See section 1(4) of the Act.

[^f00131]: See section 1(4) of the Act.

[^f00132]: See in particular section 58; which was amended by Schedule 12 to the Localism Act 2011 (c. 20) and Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27).

[^f00133]: See section 1(4) of the Act.

[^f00134]: See section 1(4) of the Act.

[^f00135]: See section 1(4) of the Act.

[^f00136]: See section 1(4) of the Act.

[^f00137]: See in particular section 58; which was amended by Schedule 12 to the Localism Act 2011 (c. 20) and Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27).

[^f00138]: 1964 c. 40. Relevant amendments are Schedules 6 and 12 to the Transport Act 1981 (c. 56), section 46 of the Criminal Justice Act 1982 (c. 48), Schedule 3 to the Transport and Works Act 1992 (c. 42), Schedule 2 to the Planning Act 2008 (c. 29), Schedule 21 to the Marine and Coastal Access Act 2009 (c. 23) and S.I. 2006/1177 and 2009/1941.

[^f00139]: See section 1(1) of the Act; which was amended by section 31 of the Greater London Authority Act 2007 (c. 24). There are other amendments not relevant to this Order.

[^f00140]: 1986 c. 31.

[^f00141]: S.I. 2009/3015, to which there are amendments not relevant to this Order.

[^f00142]: 2000 c. 38.

[^f00143]: S.I. 1995/418.

[^f00144]: S.I. 1996/528.

[^f00145]: S.I. 1997/366.

[^f00146]: S.I. 1998/462.

[^f00147]: S.I. 1999/1661.

[^f00148]: S.I. 2001/2718.

[^f00149]: S.I. 2005/85.

[^f00150]: S.I. 2005/2935.

[^f00151]: S.I. 2006/221.

[^f00152]: S.I. 2007/406.

[^f00153]: S.I. 2008/675.

[^f00154]: S.I. 2008/2362.

[^f00155]: S.I. 2010/654.

[^f00156]: S.I. 2010/2134.

[^f00157]: S.I. 2011/2056.

[^f00158]: S.I. 2012/748.

[^f00159]: S.I. 2012/2257.

[^f00160]: S.I. 2013/1101.

[^f00161]: S.I. 2013/1868.

[^f00162]: S.I. 2013/2147.

[^f00163]: S.I. 2013/2435.

[^f00164]: S.I. 2014/564.

[^f00165]: S.I. 2015/659.

development is not permitted by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres.

Interpretation of Class E

to a use falling within Class A1 (shops) of the Schedule to the Use Classes Order.

to a use falling within Class D2 (assembly and leisure) of that Schedule.

Development not permitted

Conditions

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

(2) Subject to sub-paragraph (3), development under Class J must begin within a period of 3 years starting with the prior approval date.

(3) Where, in relation to a particular development under Class J, planning permission is granted on an application in respect of associated operational development before the end of the period referred to in sub-paragraph (2), then development under Class J must begin within the period of 3 years starting with the date that planning permission is granted.

(4) For the purposes of sub-paragraph (3), “associated operational development” means building or other operations in relation to the same building or land which are reasonably necessary to use the building or land for the use proposed under Class J.

O

(1) Development under Class O 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) contamination risks on the site,

(d) impacts of noise from commercial premises on the intended occupiers of the development , and

(e) the provision of adequate natural light in all habitable rooms of the dwellinghouses.

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

(2) Development under Class O is permitted subject to the following conditions—

(a) the development must be completed within a period of 3 years starting with the prior approval date; and

(b) the developer must apply for a determination under sub-paragraph (1) on or before 31st July 2021

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

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

Interpretation of Class P

P

For the purposes of Class P—

“curtilage” (except in paragraph P.1(i)) means—the piece of land, whether enclosed or unenclosed, immediately beside or around the building in storage or distribution centre use, closely associated with and serving the purposes of that building, oran area of land immediately beside or around the building in storage or distribution centre use no larger than the land area occupied by the building,whichever is the lesser;

“general industrial use” means a use falling within Class B2 (general industrial) of the Schedule to the Use Classes Order;

“industrial services” means services provided from premises with a light industrial use or general industrial use;

“light industrial use” means a use falling within Class B1(c) (light industrial) of the Schedule to the Use Classes Order;

“storage or distribution centre use” means a use falling within Class B8 (storage or distribution) of the Schedule to the Use Classes Order; and

“storage or distribution services” means services provided from premises with a storage or distribution centre use.

R

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

(a) a site which has changed use under Class R may, subject to paragraph R.3, subsequently change use to another use falling within one of the use classes comprising the flexible use;

(b) for the purposes of the Use Classes Order and this Order, after a site has changed use under Class R the site is to be treated as having a sui generis use;

(c) after a site has changed use under Class R, the planning permissions granted by Class E of Part 7 of this Schedule apply to the building, subject to the following modifications—

(i) “curtilage” has the meaning given in paragraph X (interpretation) of this Part;

(ii) any reference to “office building” is to be read as a reference to the building which has changed use under Class R.

(d) where the site is to be used for general industrial purposes within Class B2, it must only be used for the processing of—

(i) raw goods, excluding livestock, which are produced on the site and are to be sold on the site, or

(ii) raw goods mentioned in paragraph (i) together with goods ancillary to the processing of those raw goods

R

(1) Before changing the use of the site under Class R, and before any subsequent change of use to another use falling within one of the use classes comprising the flexible use, the developer must—

(a) where the cumulative floor space of the building or buildings which have changed use under Class R within an established agricultural unit does not exceed 150 square metres, provide the following information to the local planning authority—

(i) the date the site will begin to be used for any of the flexible uses;

(ii) the nature of the use or uses; and

(iii) a plan indicating the site and which buildings have changed use;

(b) where the cumulative floor space of the building or buildings which have changed use under Class R within an established agricultural unit exceeds 150 square metres, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—

(i) transport and highways impacts of the development;

(ii) noise impacts of the development;

(iii) contamination risks on the site; and

(iv) flooding risks on the site,

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

(2) Subject to sub-paragraph (3), development under Class R of the type described in paragraph R.3(1)(b) must begin within a period of 3 years starting with the prior approval date.

(3) Where, in relation to a particular development under Class R of the type described in paragraph R.3(1)(b), planning permission is granted on an application in respect of associated operational development before the end of the period referred to in sub-paragraph (2), then development under Class R must begin within the period of 3 years starting with the date that planning permission is granted.

(4) For the purposes of sub-paragraph (3), “associated operational development” means building or other operations in relation to the same building or land which are reasonably necessary to use the building or land for the use proposed under Class R.

R

For the purposes of Class R, “flexible use” means use of any building or land for a use falling within the list of uses set out in Class R and change of use (in accordance with Class R) between any use in that list.

V

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

V

Development is not permitted by Class V if—

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

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

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

W

(1) The following provisions apply where under this Part a developer is required to make an application to a 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, which, in relation to development proposed under Class ... M, N or Q of this Part, must in the same application include any building or other operations;

(b) a plan indicating the site and showing the proposed development;

(ba) in relation to development proposed under Classes G M, MA, N, O, P, PA and Q of this Part, a statement specifying the net increase in dwellinghouses proposed by the development (for the purposes of this sub-paragraph, “net increase in dwellinghouses” is the number of dwellinghouses proposed by the development that is additional to the number of dwellinghouses on the site immediately prior to the development);

(bb) in relation to development proposed under Class Q of this Part, a statement specifying—

(i) the number of dwellinghouses proposed, and

(ii) whether previous development has taken place under Class Q within the established agricultural unit and, if so, the number of dwellinghouses and the cumulative floor space developed under Class Q;

(bc) in relation to development proposed under Class G, M, MA, N, O, PA or Q of this Part, a floor plan indicating the total floor space in square metres of each dwellinghouse, the dimensions and proposed use of each room, the position and dimensions of windows, doors and walls, and the elevations of the dwellinghouses;

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

(e) where sub-paragraph (6) requires the Environment Agency to be consulted, a site-specific flood risk assessment,

together with any fee required to be paid.

(2ZA) For the purposes of sub-paragraph (2)(bb)(ii), previous development within the established agricultural unit includes any development under Class Q that—

(a) ceased to be part of the established agricultural unit after it was developed, or

(b) was developed after the site ceased to be part of the established agricultural unit where any other site on the established agricultural unit had already been developed under Class Q;

(2A) Where the application relates to prior approval as to adequate natural light, the local planning authority must refuse prior approval if adequate natural light is not provided in all the habitable rooms of the dwellinghouses.

(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, except for conditions in paragraph G.1(d)(iv), paragraph M.2(1)(f), paragraph MA.2(1)(f), paragraph N.2(1)(e), paragraph O.2(1)(e), paragraph PA.2(1)(v), or paragraph Q.2(1)(g), limitations or restrictions specified in this Part as being applicable to the development in question.

(4) Sub-paragraphs (5) to (8) and (10) 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) Where the application relates to prior approval as to transport and highways impacts of the development, on receipt of the application, where in the opinion of the local planning authority the development is likely to result in a material increase or a material change in the character of traffic in the vicinity of the site, the local planning authority must consult—

(a) where the increase or change relates to traffic entering or leaving a trunk road, the highway authority for the trunk road;

(b) the local highway authority, where the increase or change relates to traffic entering or leaving a classified road or proposed highway, except where the local planning authority is the local highway authority; and

(c) the operator of the network which includes or consists of the railway in question, and the Secretary of State for Transport, where the increase or change relates to traffic using a level crossing over a railway.

(6) Where the application relates to prior approval as to the flooding risks on the site, on receipt of the application, the local planning authority must consult the Environment Agency where the development is—

(a) in an area within Flood Zone 2 or Flood Zone 3; or

(b) in an area within Flood Zone 1 which has critical drainage problems and which has been notified to the local planning authority by the Environment Agency for the purpose of paragraph (zc)(ii) in the Table in Schedule 4 to the Procedure Order.

(7) The local planning authority must notify the consultees referred to in sub-paragraphs (5) and (6) specifying the date by which they must respond (being not less than 21 days from the date the notice is given).

(8) 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—

(i) on any adjoining owner or occupier; and

(ii) where the proposed development relates to part of a building, on any owner or occupier of the other part or parts of the building

(9) The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application, which may include—

(a) assessments of impacts or risks;

(b) statements setting out how impacts or risks are to be mitigated; or

(10) The local planning authority must, when determining an application—

(a) take into account any representations made to them as a result of any consultation under sub-paragraphs (5) or (6) and any notice given under sub-paragraph (8);

(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; and

(i) determine whether, as a result of the proposed change of use, taking into account any proposed mitigation, the site will be contaminated land as described in Part 2A of the Environmental Protection Act 1990 , and in doing so have regard to the Contaminated Land Statutory Guidance issued by the Secretary of State for the Environment, Food and Rural Affairs in April 2012 , and

(ii) if they determine that the site will be contaminated land, refuse to give prior approval.

(11) 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 (2) was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.

(12) 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 (11)(c) applies, in accordance with the details provided in the application referred to in sub-paragraph (1),

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

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

(14) When computing the number of days in sub-paragraph (8)(a), any day which is a public holiday must be disregarded.

X

For the purposes of Part 3—

“agricultural building” means a building (excluding a dwellinghouse) used for agriculture and which is so used for the purposes of a trade or business; and “agricultural use” refers to such uses;

“agricultural tenancy” means a tenancy under—the Agricultural Holdings Act 1986 ; orthe Agricultural Tenancies Act 1995 ;

“curtilage” means, for the purposes of Class ... R or S only—the piece of land, whether enclosed or unenclosed, immediately beside or around the agricultural building, closely associated with and serving the purposes of the agricultural building, oran area of land immediately beside or around the agricultural building no larger than the land area occupied by the agricultural building,whichever is the lesser;

“established agricultural unit” means agricultural land occupied as a unit for the purposes of agriculture—for the purposes of Class R, on or before 3rd July 2012 or for 10 years before the date the development begins; orfor the purposes of Class Q or S, on or before 20th March 2013 or for 10 years before the date the development begins;

“habitable rooms” means any rooms used or intended to be used for sleeping or living which are not solely used for cooking purposes, but does not include bath or toilet facilities, service rooms, corridors, laundry rooms, hallways or utility rooms;

“pay day loan shop” has the meaning given in the Use Classes Order ;

“prior approval date” means the date on which—prior approval is given; ora determination that such approval is not required is given or the period for giving such a determination set out in paragraph W(11)(c) of this Part has expired without the applicant being notified whether prior approval is required, given or refused;

“registered nursery” means non-domestic premises in respect of which a person is registered under Part 3 of the Childcare Act 2006 to provide early years provision;

“site” means the building and any land within its curtilage;

“state-funded school” means a school funded wholly or mainly from public funds, including—an Academy school, an alternative provision Academy or a 16 to 19 Academy established under the Academies Act 2010 ;a school maintained by a local authority, as defined in section 142(1) of the School Standards and Framework Act 1998 ; and

“sui generis use” means a use for which no class is specified in Schedule 1 or 2 to the Use Classes Order.

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

Development not permitted

for a single continuous period of up to 3 years beginning on the date the building and any land within its curtilage begins to be used for the flexible use or on the date given in the notice under paragraph D.2(a), whichever is the earlier.

Development not permitted

Conditions

Interpretation of Class D

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

Development not permitted

Conditions

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

Development not permitted

Conditions

and where 2 or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement.

H

For the purposes of Class H—

“dangerous substance” has the meaning given in regulation 2 of the Control of Major Accident Hazards Regulations 1999;

“employee facilities” means social, care or recreational facilities provided for employees of the undertaking, including crèche facilities provided for the children of such employees; and

“original building” does not include any building erected at any time under Class H.

L

Development is permitted by Class L subject to the condition that any building as extended or altered is only used as part of, or for a purpose incidental to, the use of the site as a waste management facility.

L

For the purposes of Class L—

“waste management facility” means premises and associated land used for the purposes of any waste operation for which an environmental permit is required under Part 2 of the Environmental Permitting (England and Wales) Regulations 2016 or which is an exempt facility under those Regulations; and

“waste operation” has the meaning given in the Environmental Permitting (England and Wales) Regulations 2016.

where 2 or more original buildings are within the same curtilage and are used for the same institution, they are to be treated as a single original building in making any measurement.

F

Development falls within this paragraph if—

(a) it is urgently required for the efficient running of the airport, 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.

where such works are required for the purposes of securing the preservation of any building or monument.

Development not permitted

Condition

Interpretation of Class A

G

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

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa) the air source heat pump is not solely used for the purpose of cooling;

(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.

I

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

other than a dwellinghouse or a block of flats.

Development not permitted

J

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

Conditions

J

(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 ..., 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.

(12) When computing the number of days in paragraph (6)(a), any day which is a public holiday must be disregarded.

Development not permitted

Development not permitted: ground-based apparatus

Development not permitted: building-based apparatus

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

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