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

Made: 6 September 2012

Laid before the National Assembly for Wales: 11 September 2012

Coming into force in accordance with article 1(1)

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 59, 60, 61 and 333(7) of the Town and Country Planning Act 1990[^f00001] and now exercisable by them[^f00002], make the following Order:

Title, commencement, interpretation and application

1

• (1) The title of this Order is the Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 and it comes into force on 5 October 2012.

• (2) “The 1995 Order” (“Gorchymyn 1995”) means the Town and Country Planning (General Permitted Development) Order 1995[^f00003].

• (3) This Order applies in relation to Wales.

Amendment in relation to agricultural land

2

• (1) Part 6 of Schedule 2 (agricultural buildings and operations) to the 1995 Order is amended as follows.

• (2) In Class A, at the end of paragraph (h) of paragraph A.1 (development not permitted) omit “or”.

• (3) In Class A, at the end of paragraph (i) of paragraph A.1 (development not permitted) for “.” substitute “; or”.

• (4) In Class A, after paragraph (i) of paragraph A.1 (development not permitted) insert—

(j) any building for storing fuel for or waste from a biomass boiler or an anaerobic digestion system— (i) would be used for storing fuel not produced on land within the unit or waste not produced by that boiler or system; or (ii) is or would be within 400 metres of the curtilage of a protected building.

• (5) In Class A, in paragraph (1)(a) of paragraph A.2 (conditions) after “sewage sludge” omit “;” and insert “, for housing a biomass boiler or an anaerobic digestion system, for storage of fuel for or waste from that boiler or system, or for housing a hydro-turbine;”.

• (6) In Class B, at the end of paragraph (d) of paragraph B.1 (development not permitted) omit “or”.

• (7) In Class B, at the end of paragraph (e) of paragraph B.1 (development not permitted) for “.” substitute “; or”.

• (8) In Class B, after paragraph (e) of paragraph B.1 (development not permitted) insert—

(f) any building for storing fuel for or waste from a biomass boiler or an anaerobic digestion system would be used for storing fuel not produced on land within the unit or waste not produced by that boiler or system.

• (9) In Class B, in paragraph B.5 (conditions) after “sewage sludge” omit “.” and insert “, for housing a biomass boiler or an anaerobic digestion system, for storage of fuel for or waste from that boiler or system, or for housing a hydro-turbine.”

• (10) In Class D (interpretation of Part 6) after paragraph D.7 insert—

(D.8) For the purposes of Class A(a) “the purposes of agriculture” includes works for the erection, extension or alteration of a building for housing a biomass boiler or an anaerobic digestion system, for storage of fuel for or waste from that boiler or system, or for housing a hydro-turbine. (D.9) For the purposes of Class B(a) “the purposes of agriculture” includes the extension or alteration of an agricultural building for housing a biomass boiler or an anaerobic digestion system, for storage of fuel for or waste from that boiler or system, or for housing a hydro-turbine.

Amendment in relation to forestry land

3

• (1) Part 7 of Schedule 2 (forestry buildings and operations) to the 1995 Order is amended as follows.

• (2) In paragraph A.1 (development not permitted) at the end of paragraph (b) omit “or”.

• (3) In paragraph A.1 (development not permitted) at the end of paragraph (c) for “.” substitute “; or”.

• (4) In paragraph A.1 (development not permitted) after paragraph (c) insert—

(d) any building for storing fuel for or waste from a biomass boiler or an anaerobic digestion system would be used for storing fuel not produced on land which is occupied together with that building for the purposes of forestry or waste not produced by that boiler or system.

• (5) After paragraph A.3 (interpretation of Class A) insert—

(A.4) For the purposes of Class A(a) “the purposes of forestry” includes works for the erection, extension or alteration of a building for housing a biomass boiler or an anaerobic digestion system, for storage of fuel for or waste from that boiler or system, or for housing a hydro-turbine.

Amendment in relation to non-domestic microgeneration

4

After Part 42 of Schedule 2 (shops or catering, financial or professional services establishments) to the 1995 Order insert Part 43 as set out in the Schedule to this Order.

SCHEDULE

Signed

John Griffiths — Minister for Environment and Sustainable Development, one of the Welsh Ministers — 6 September 2012

Explanatory note

(This note is not part of the Order)

This Order amends Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995[^f00005] (“the 1995 Order”) in relation to Wales. Article 3 of and Schedule 2 to the 1995 Order confer permitted development rights in respect of certain development. Where such rights apply, no specific application for planning permission is required.

Articles 2 and 3 of this Order amend Parts 6 (agricultural buildings and operations) and 7 (forestry buildings and operations) of Schedule 2 to the 1995 Order. The amendments clarify that permitted development rights apply to buildings on agricultural or forestry land to house microgeneration equipment, and in particular to house hydro-turbines, to house biomass boilers and anaerobic digestion systems, and to store associated fuel and waste as long as the fuel or waste is produced on the agricultural or forestry land or by the boiler or system.

Article 4 and the Schedule to this Order insert a new Part 43 of Schedule 2 to the 1995 Order. The new Part 43 confers permitted development rights for the installation of specified types of microgeneration equipment on or within the curtilage of buildings other than dwellinghouses or blocks of flats subject to certain criteria. It introduces six new classes of permitted development rights to install certain types of microgeration equipment, specifically solar panels (Class A), stand alone solars (Class B), ground source heat pumps (Class C), water source heat pumps (Class D), biomass heating system flues (Class E) and combined heat and power system flues (Class F).

An impact assessment has been prepared in relation to this Order. Copies may be obtained from the Planning Division of the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

Footnotes

[^f00001]: 1990 c. 8; to which there are amendments not relevant to this Order.

[^f00002]: The functions of the Secretary of State under sections 59, 60, 61 and 333(7) were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672): see the entry in Schedule 1 for the Town and Country Planning Act 1990 (c. 8) as substituted by article 4 of, and Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253). The functions were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), the functions being relevant Assembly functions as defined in paragraph 30(2).

[^f00003]: S.I. 1995/418. Relevant amendments were made by S.I 1997/366, S.I. 2009/2193 (W.185) and S.I. 2012/1346 (W.167).

[^f00004]: 2004 c. 20.

[^f00005]: S.I. 1995/418. Relevant amendments were made by S.I. 1997/366, S.I. 2009/2193 (W.185) and S.I. 2012/1346 (W.167).