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

Type Statutory-Instrument

Publication 1995-02-22

Last updated 2025-12-15

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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The carrying out of any works for the purposes of inspecting, repairing or renewing any sewer, main, pipe, cable or other apparatus, including breaking open any land for that purpose.

PART 11 — DEVELOPMENT UNDER LOCAL OR PRIVATE ACTS OR ORDERS

Class A

Permitted development

A

Development authorised by—

(a) a local or private Act of Parliament,

(b) an order approved by both Houses of Parliament, or

(c) an order under section 14 or 16 of the Harbours Act 1964 (orders for securing harbour efficiency etc., and orders conferring powers for improvement, construction etc. of harbours)

which designates specifically the nature of the development authorised and the land upon which it may be carried out.

Condition

A

Development is not permitted by Class A if it consists of or includes—

(a) the erection, construction, alteration or extension of any building, bridge, aqueduct, pier or dam, or

(b) the formation, laying out or alteration of a means of access to any highway used by vehicular traffic,

unless the prior approval of the appropriate authority to the detailed plans and specifications is first obtained.

Prior approvals

A

The prior approval referred to in paragraph A.1 is not to be refused by the appropriate authority nor are conditions to be imposed unless they are satisfied that—

(a) the development (other than the provision of or works carried out to a dam) ought to be and could reasonably be carried out elsewhere on the land; or

(b) the design or external appearance of any building, bridge, aqueduct, pier or dam would injure the amenity of the neighbourhood and is reasonably capable of modification to avoid such injury.

Interpretation of Class A

A

In Class A, “appropriate authority" means—

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

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

(d) in Wales, the local planning authority.

PART 12 — DEVELOPMENT BY LOCAL AUTHORITIES

Class A

Permitted development

A

The erection or construction and the maintenance, improvement or other alteration by a local authority or by an urban development corporation of—

(a) any small ancillary building, works or equipment on land belonging to or maintained by them required for the purposes of any function exercised by them on that land otherwise than as statutory undertakers;

(b) lamp standards, information kiosks, passenger shelters, public shelters and seats, telephone boxes, fire alarms, public drinking fountains, horse troughs, refuse bins or baskets, barriers for the control of people waiting to enter public service vehicles, and similar structures or works required in connection with the operation of any public service administered by them.

Interpretation of Class A

A

For the purposes of Class A—

A

The reference in Class A to any small ancillary building, works or equipment is a reference to any ancillary building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity.

Class B

Permitted development

B

The deposit by a local authority of waste material on any land comprised in a site which was used for that purpose on 1st July 1948 whether or not the superficial area or the height of the deposit is extended as a result.

Development not permitted

B

Development is not permitted by Class B if the waste material is or includes material resulting from the winning and working of minerals.

Interpretation of Part 12

C

For the purposes of Part 12—

PART 13 — DEVELOPMENT BY HIGHWAY AUTHORITIES

Class A

Permitted development

A

The carrying out by a highway authority—

(a) on land within the boundaries of a road, of any works required for the maintenance or improvement of the road, where such works involve development by virtue of section 55(2)(b) of the Act; or

(b) on land outside but adjoining the boundary of an existing highway of works required for or incidental to the maintenance or improvement of the highway.

PART 14 — DEVELOPMENT BY DRAINAGE BODIES

Class A

Permitted development

A

Development by a drainage body 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.

Interpretation of Class A

A

For the purposes of Class A—

PART 15 — Development by the Environment Agency and the Natural Resources Body for Wales

Class A

Permitted development

A

Development by the Environment Agency or the Natural Resources Body for Wales for the purposes of their respective 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

A

Development is not permitted by Class A if—

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

(b) in the case of any Class A(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,

(c) in the case of any Class A(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

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 six months from the commencement of the development concerned, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery and apparatus shall be 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 16 — DEVELOPMENT BY OR ON BEHALF OF SEWERAGE UNDERTAKERS

Class A

Permitted development

A

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) 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);

(e) 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

A

Development is not permitted by Class A(e) if—

(a) 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;

(b) 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(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 shall cease and all such buildings, plant, machinery and apparatus shall be 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 A

A

For the purposes of Class A—

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

“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.

PART 17 — DEVELOPMENT BY STATUTORY UNDERTAKERS

Class A Railway or light railway undertakings

Permitted development

A

Development by railway undertakers on their operational land, required in connection with the movement of traffic by rail.

Development not permitted

A

Development is not permitted by Class A if it consists of or includes—

(a) the construction of a railway,

(b) the construction or erection of a hotel, railway station or bridge, or

(i) an office, residential or educational building, or a building used for an industrial process, or

(ii) a car park, shop, restaurant, garage, petrol filling station or other building or structure provided under transport legislation.

Interpretation of Class A

A

For the purposes of Class A, references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected.

Permitted development

B

Development on operational land by statutory undertakers or their lessees in respect of dock, pier, harbour, water transport, or canal or inland navigation undertakings, required—

(a) for the purposes of shipping, or

(b) in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, pier or harbour, or with the movement of traffic by canal or inland navigation or by any railway forming part of the undertaking.

Development not permitted

B

Development is not permitted by Class B if it consists of or includes—

(a) the construction or erection of a hotel, or of a bridge or other building not required in connection with the handling of traffic,

(b) the construction or erection otherwise than wholly within the limits of a dock, pier or harbour of—

(i) an educational building, or

(ii) a car park, shop, restaurant, garage, petrol filling station or other building provided under transport legislation.

Interpretation of Class B

B

For the purposes of Class B, references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected, and the reference to operational land includes land designated by an order made under section 14 or 16 of the Harbours Act 1964 (orders for securing harbour efficiency etc., and orders conferring powers for improvement, construction etc. of harbours), and which has come into force, whether or not the order was subject to the provisions of the Statutory Orders (Special Procedure) Act 1945 .

Class C Works to inland waterways

Permitted development

C

The improvement, maintenance or repair of an inland waterway (other than a commercial waterway or cruising waterway) to which section 104 of the Transport Act 1968 (classification of the Board’s waterways) applies, and the repair or maintenance of a culvert, weir, lock, aqueduct, sluice, reservoir, let-off valve or other work used in connection with the control and operation of such a waterway.

Class D Dredgings

Permitted development

D

The use of any land by statutory undertakers in respect of dock, pier, harbour, water transport, canal or inland navigation undertakings for the spreading of any dredged material.

Class E Water or hydraulic power undertakings

Permitted development

E

Development for the purposes of their undertaking by statutory undertakers for the supply of water or hydraulic power consisting of—

(a) development not above ground level required in connection with the supply of water or for conserving, redistributing or augmenting water resources, or for the conveyance of water treatment sludge,

(b) development in, on or under any watercourse and required in connection with the improvement or maintenance of that watercourse,

(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) the installation in a water distribution system of a booster station, valve house, meter or switch-gear house,

(f) 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),

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

Development not permitted

E

Development is not permitted by Class E if—

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

(b) in the case of any Class E(e) 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,

(c) in the case of any Class E(g) 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

(d) in the case of any Class E(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

E

Development is permitted by Class E(c) subject to the condition that, on completion of the survey or investigation, or at the expiration of six months from the commencement of the development, whichever is the sooner, all such operations shall cease and all such buildings, plant, machinery and apparatus shall be 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 F Public gas transporters

Permitted development

F

Development by a public 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 III of the Act (control over development);

(e) the erection on operational land of the public 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 public gas transporter.

Development not permitted

F

Development is not permitted by Class F if—

(a) in the case of any Class F(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 F(c) development—

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

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

(d) in the case of any Class F(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

F

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

(a) in the case of any Class F(a) development, not less than eight weeks before the beginning of operations to lay a notifiable pipe-line, the public gas transporter shall 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 F(d) development, on completion of the laying or construction of the main or pipe, or at the expiry of a period of nine months from the beginning of the development, whichever is the sooner, any pipes or other apparatus still stored on the land shall be 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),

(c) in the case of any Class F(e) development, approval of the details of the design and external appearance of the building shall 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 in England, outside a metropolitan county, the county planning authority,

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

(iv) in Wales, the local planning authority.

Class G Electricity undertakings

Permitted development

G

Development by statutory undertakers for the generation, transmission 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 or 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

G

Development is not permitted by Class G if—

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

(ai) it would consist of or include the installation or replacement of a devolved associated line within the meaning set out in paragraph A.3(1) of Part 17A;

(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 G(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 1(5) 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 1(5) land, by more than 500 square metres;

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

(e) in the case of any Class G(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

G.2

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

(a) in the case of any Class G(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 G(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 six months from the completion of the installation (whichever is the sooner) the temporary electric line shall be removed and the land on which any operations have been carried out to install that line shall be restored as soon as reasonably practicable to its condition before the installation took place;

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

(d) in the case of any Class G(e) development, approval of details of the design and external appearance of the buildings shall 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[^f00042].

Interpretation of Class G

G.3

For the purposes of Class G(a), “electric line” has the meaning assigned to that term by section 64(1) of the Electricity Act 1989 (interpretation etc. of Part 1).

G.4

For the purposes of Class G(b), “electrical plant” has the meaning assigned to that term by the said section 64(1) and “telecommunications line” means a wire or cable (including its casing or coating) which forms part of a telecommunication apparatus within the meaning assigned to that term by paragraph 1 of Schedule 2 to the Telecommunications Act 1984[^f00043] (the telecommunications code).

G.5

For the purposes of Class G(d), (e) and (f), the land of the holder of a licence under section 6(2) of the Electricity Act 1989 (licences authorising supply etc.) shall be treated as operational land if it would be operational land within section 263 of the Act[^f00044] (meaning of “operational land”) if such licence holders were statutory undertakers for the purpose of that section.

Class H Tramway or road transport undertakings

Permitted development

H

Development required for the purposes of the carrying on of any tramway or road transport undertaking consisting of—

(a) the installation of posts, overhead wires, underground cables, feeder pillars or transformer boxes in, on, over or adjacent to a highway for the purpose of supplying current to public service vehicles;

(b) the installation of tramway tracks, and conduits, drains and pipes in connection with such tracks for the working of tramways;

(c) the installation of telephone cables and apparatus, huts, stop posts and signs required in connection with the operation of public service vehicles;

(d) the erection or construction and the maintenance, improvement or other alteration of passenger shelters and barriers for the control of people waiting to enter public service vehicles;

(e) any other development on operational land of the undertaking.

Development not permitted

H

Development is not permitted by Class H if it would consist of—

(a) in the case of any Class H(a) development, the installation of a structure exceeding 17 cubic metres in capacity,

(b) in the case of any Class H(e) development—

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

(ii) the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any plant or machinery it replaces, whichever is the greater,

(iii) development, not wholly within a bus or tramway station, in pursuance of powers contained in transport legislation.

Class I Lighthouse undertakings

Permitted development

I

Development required for the purposes of the functions of a general or local lighthouse authority under the Merchant Shipping Act 1894 and any other statutory provision made with respect to a local lighthouse authority, or in the exercise by a local lighthouse authority of rights, powers or duties acquired by usage prior to the 1894 Act.

Development not permitted

I.1

Development is not permitted by Class I if it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected.

Class J Universal Services Providers

Permitted development

J

Development required for the purposes of a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) in connection with the provision of a universal postal service (within the meaning of that Part) consisting of—

(a) the installation of posting boxes or self-service machines,

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

Development not permitted

J.1

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

Interpretation of Part 17

K

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

PART 18 — AVIATION DEVELOPMENT

Class A Development at an airport

Permitted development

A

The carrying out on operational land by a relevant airport operator or its agent of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at a relevant airport.

Development not permitted

A

Development is not permitted by Class A if it would consist of or include—

(a) the construction or extension of a runway;

(b) the construction of a passenger terminal the floor space of which would exceed 500 square metres;

(c) the extension or alteration of a passenger terminal, where the floor space of the building as existing at 5th December 1988 or, if built after that date, of the building as built, would be exceeded by more than 15%;

(d) the erection of a building other than an operational building;

(e) the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected.

Condition

A

Development is permitted by Class A subject to the condition that the relevant airport operator consults the local planning authority before carrying out any development, unless that development falls within the description in paragraph A.4.

Interpretation of Class A

A

For the purposes of paragraph A.1, floor space shall be calculated by external measurement and without taking account of the floor space in any pier or satellite.

A.4

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.

Class B Air traffic services development at an airport

Permitted development

B

The carrying out on operational land within the perimeter of a relevant airport by a relevant airport operator or its agent of development in connection with the provision of air traffic services.

Class C Air traffic services development near an airport

Permitted development

C

The carrying out on operational land outside but within 8 kilometres of the perimeter of a relevant airport, by a relevant airport operator or its agent, of development in connection with the provision of air traffic services.

Development not permitted

C.1

Development is not permitted by Class C if—

(a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b) any building erected would exceed a height of 4 metres;

(c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast antenna or apparatus, if greater.

Class D Development by an air traffic services licence holder within an airport

Permitted development

D

The carrying out by an air traffic services licence holder or its agents within the perimeter of an airport of development in connection with the provision of air traffic services.

Class E Development by an air traffic services licence holder on operational land

Permitted development

E

The carrying out on operational land of an air traffic services licence holder by that licence holder or its agents of development in connection with the provision of air traffic services.

Development not permitted

E.1

Development is not permitted by Class E if—

(a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b) any building erected would exceed a height of 4 metres; or

(c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

Class F Development by an air traffic services licence holder in an emergency

Permitted development

F

The use of land by or on behalf of an air traffic services licence holder in an emergency to station moveable apparatus replacing unserviceable apparatus.

Condition

F.1

Development is permitted by Class F subject to the condition that on or before the expiry of a period of six months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be 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.

Class G Development by an air traffic services licence holder involving moveable structures

Permitted development

G

The use of land by or on behalf of an air traffic services licence holder to provide services and facilities in connection with the provision of air traffic services and the erection or placing of moveable structures on the land for the purposes of that use.

Condition

G.1

Development is permitted by Class G subject to the condition that, on or before the expiry of the period of six months beginning with the date on which the use began, the use shall cease, and any structure shall be removed, and the land shall be 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.

Class H Development by the Civil Aviation Authority for surveys etc.

Permitted development

H

The use of land by or on behalf of the Civil Aviation Authority for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations.

Condition

H

Development is permitted by Class H subject to the condition that on or before the expiry of the period of six months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be 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.

Class I Use of airport buildings managed by relevant airport operators

Permitted development

I

The use of buildings within the perimeter of an airport managed by a relevant airport operator for purposes connected with air transport services or other flying activities at that airport.

Interpretation of Part 18

J

For the purposes of Part 18—

“operational building" means a building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at a relevant airport;

“relevant airport" means an airport to which Part V of the Airports Act 1986 (status of certain airports as statutory undertakers etc.) applies; and

“relevant airport operator" means a relevant airport operator within the meaning of section 57 of the Airports Act 1986 (scope of Part V).

PART 19 — DEVELOPMENT ANCILLARY TO MINING OPERATIONS

Class A

Permitted development

A

The carrying out of operations for the erection, extension, installation, rearrangement, replacement, repair or other alteration of any—

(a) plant or machinery,

(b) buildings,

(d) sewers, mains, pipes, cables or other similar apparatus,

on land used as a mine.

Development not permitted

A

Development is not permitted by Class A—

(a) in relation to land at an underground mine—

(i) on land which is not an approved site; or

(ii) on land to which the description in paragraph D.1(b) applies, unless a plan of that land was deposited with the mineral planning authority before 5th June 1989;

(b) if the principal purpose of the development would be any purpose other than—

(i) purposes in connection with the winning and working of minerals at that mine or of minerals brought to the surface at that mine; or

(ii) the treatment, storage or removal from the mine of such minerals or waste materials derived from them;

(d) if the height of any building, plant or machinery which is not in an excavation would exceed—

(i) 15 metres above ground level; or

(ii) the height of the building, plant or machinery, if any, which is being rearranged, replaced or repaired or otherwise altered,

whichever is the greater;

(e) if the height of any building, plant or machinery in an excavation would exceed—

(i) 15 metres above the excavated ground level; or

(ii) 15 metres above the lowest point of the unexcavated ground immediately adjacent to the excavation; or

(iii) the height of the building, plant or machinery, if any, which is being rearranged, replaced or repaired or otherwise altered,

whichever is the greatest;

(f) if any building erected (other than a replacement building) would have a floor space exceeding 1,000 square metres; or

(g) if the cubic content of any replaced, extended or altered building would exceed by more than 25% the cubic content of the building replaced, extended or altered or the floor space would exceed by more than 1,000 square metres the floor space of that building.

Condition

A

Development is permitted by Class A subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the mineral planning authority agree in writing—

(a) all buildings, plant and machinery permitted by Class A shall be removed from the land unless the mineral planning authority have otherwise agreed in writing; and

(b) the land shall be restored, so far as is practicable, to its condition before the development took place, or restored to such condition as may have been agreed in writing between the mineral planning authority and the developer.

Class B

Permitted development

B

The carrying out, on land used as a mine or on ancillary mining land, with the prior approval of the mineral planning authority, of operations for the erection, installation, extension, rearrangement, replacement, repair or other alteration of any—

(a) plant or machinery,

(b) buildings, or

Development not permitted

B

Development is not permitted by Class B—

(a) in relation to land at an underground mine—

(i) on land which is not an approved site; or

(ii) on land to which the description in paragraph D.1(b) applies, unless a plan of that land was deposited with the mineral planning authority before 5th June 1989;

(b) if the principal purpose of the development would be any purpose other than—

(i) purposes in connection with the operation of the mine,

(ii) the treatment, preparation for sale, consumption or utilization of minerals won or brought to the surface at that mine, or

(iii) the storage or removal from the mine of such minerals, their products or waste materials derived from them.

B

The prior approval referred to in Class B shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications can reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury, or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

Condition

B

Development is permitted by Class B subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the mineral planning authority agree in writing—

(a) all buildings, plant, machinery, structures and erections permitted by Class B shall be removed from the land unless the mineral planning authority have otherwise agreed in writing; and

(b) the land shall be restored, so far as is practicable, to its condition before the development took place or restored to such condition as may have been agreed in writing between the mineral planning authority and the developer.

Class C

Permitted development

C

The carrying out with the prior approval of the mineral planning authority of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or a disused mine.

Development not permitted

C

Development is not permitted by Class C if it is carried out by the Coal Authority or any licensed operator within the meaning of section 65 of the Coal Industry Act 1994 (interpretation).

Prior approvals

C.2

(1) The prior approval of the mineral planning authority to development permitted by Class C is not required if—

(a) the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

(b) no building, plant, machinery, structure or erection—

(i) would exceed a height of 15 metres above ground level, or

(ii) where any building, plant, machinery, structure or erection is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was rearranged, replaced or repaired, whichever is the greater,

and

(c) the development consists of the extension, alteration or replacement of an existing building, within the limits set out in paragraph (3).

(2) The approval referred to in Class C shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury, or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

(3) The limits referred to in paragraph C.2(1)(c) are—

(a) that the cubic content of the building as extended, altered or replaced does not exceed that of the existing building by more than 25%, and

(b) that the floor space of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

Interpretation of Part 19

D

An area of land is an approved site for the purposes of Part 19 if—

(a) it is identified in a grant of planning permission or any instrument by virtue of which planning permission is deemed to be granted, as land which may be used for development described in this Part; or

(b) in any other case, it is land immediately adjoining an active access to an underground mine which, on 5th December 1988, was in use for the purposes of that mine, in connection with the purposes described in paragraph A.1(b)(i) or (ii) or paragraph B.1(b)(i) to (iii) above.

D

For the purposes of Part 19—

“active access" means a surface access to underground workings which is in normal and regular use for the transportation of minerals, materials, spoil or men;

“ancillary mining land" means land adjacent to and occupied together with a mine at which the winning and working of minerals is carried out in pursuance of planning permission granted or deemed to be granted under Part III of the Act (control over development);

“minerals" does not include any coal other than coal won or worked during the course of operations which are carried on exclusively for the purpose of exploring for coal or confined to the digging or carrying away of coal that it is necessary to dig or carry away in the course of activities carried on for purposes which do not include the getting of coal or any product of coal;

“the prior approval of the mineral planning authority" means prior written approval of that authority of detailed proposals for the siting, design and external appearance of the building, plant or machinery proposed to be erected, installed, extended or altered;

“underground mine" is a mine at which minerals are worked principally by underground methods.

PART 20 — COAL MINING DEVELOPMENT BY THE COAL AUTHORITYAND LICENSED OPERATORS

Class A

Permitted development

A

Development by a licensee of the Coal Authority, in a mine started before 1st July 1948, consisting of—

(a) the winning and working underground of coal or coal-related minerals in a designated seam area; or

(b) the carrying out of development underground which is required in order to gain access to and work coal or coal-related minerals in a designated seam area.

Conditions

A

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

(a) subject to sub-paragraph (b)—

(i) except in a case where there is an approved restoration scheme or mining operations have permanently ceased, the developer shall, before 31st December 1995 or before any later date which the mineral planning authority may agree in writing, apply to the mineral planning authority for approval of a restoration scheme;

(ii) where there is an approved restoration scheme, reinstatement, restoration and aftercare shall be carried out in accordance with that scheme;

(iii) if an approved restoration scheme does not specify the periods within which reinstatement, restoration or aftercare should be carried out, it shall be subject to conditions that–

(aa) reinstatement or restoration, if any, shall be carried out before the end of the period of 24 months from either the date when the mining operations have permanently ceased or the date when any application for approval of a restoration scheme under sub-paragraph (a)(i) has been finally determined, whichever is later, and

(bb) aftercare, if any, in respect of any part of a site, shall be carried out throughout the period of five years from either the date when any reinstatement or restoration in respect of that part is completed or the date when any application for approval of a restoration scheme under sub-paragraph (a)(i) has been finally determined, whichever is later;

(iv) where there is no approved restoration scheme–

(aa) all buildings, plant, machinery, structures and erections used at any time for or in connection with any previous coal-mining operations at that mine shall be removed from any land which is an authorised site unless the mineral planning authority have otherwise agreed in writing, and

(bb) that land shall, so far as practicable, be restored to its condition before any previous coal-mining operations at that mine took place or to such condition as may have been agreed in writing between the mineral planning authority and the developer,

(v) the period referred to in sub-paragraph (iv) is–

(aa) the period of 24 months from the date when the mining operations have permanently ceased or, if an application for approval of a restoration scheme has been made under sub-paragraph (a)(i) before that date, 24 months from the date when that application has been finally determined, whichever is later, or

(bb) any longer period which the mineral planning authority have agreed in writing;

(vi) for the purposes of sub-paragraph (a), an application for approval of a restoration scheme has been finally determined when the following conditions have been met–

(aa) any proceedings on the application, including any proceeding on or in consequence of an application under section 288 of the Act (proceedings for questioning the validity of certain orders, decisions and directions), have been determined, and

(bb) any time for appealing under section 78 (right to appeal against planning decisions and failure to take such decisions), or applying or further applying under section 288, of the Act (where there is a right to do so) has expired;

(b) sub-paragraph (a) shall not apply to land in respect of which there is an extant planning permission which—

(i) has been granted on an application under Part III of the Act, and

(ii) has been implemented.

Interpretation of Class A

A

For the purposes of Class A—

“a licensee of the Coal Authority" means any person who is for the time being authorised by a licence under Part II of the Coal Industry Act 1994 to carry on coal-mining operations to which section 25 of that Act (coal-mining operations to be licensed) applies;

“approved restoration scheme" means a restoration scheme which is approved when an application made under paragraph A.1(a)(i) is finally determined, as approved (with or without conditions), or as subsequently varied with the written approval of the mineral planning authority (with or without conditions);

“coal-related minerals" means minerals other than coal which are, or may be, won and worked by coal-mining operations;

“designated seam area" means land identified, in accordance with paragraph (a) of the definition of “seam plan", in a seam plan which was deposited with the mineral planning authority before 30th September 1993;

“previous coal-mining operations" has the same meaning as in section 54(3) of the Coal Industry Act 1994 (obligations to restore land affected by coal-mining operations) and references in Class A to the use of anything in connection with any such operations shall include references to its use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;

“restoration scheme" means a scheme which makes provision for the reinstatement, restoration or aftercare (or a combination of these) of any land which is an authorised site and has been used at any time for or in connection with any previous coal-mining operations at that mine; and

“seam plan" means a plan or plans on a scale of not less than 1 to 25,000 showing—land comprising the maximum extent of the coal seam or seams that could have been worked from shafts or drifts existing at a mine at 13th November 1992, without further development on an authorised site other than development permitted by Class B of Part 20 of Schedule 2 to the Town and Country Planning General Development Order 1988 , as originally enacted;any active access used in connection with the land referred to in paragraph (a) of this definition;the National Grid lines and reference numbers shown on Ordnance Survey maps;a typical stratigraphic column showing the approximate depths of the coal seam referred to in paragraph (a) of this definition.

Class B

Permitted development

B

Development by a licensee of the British Coal Corporation, in a mine started before 1st July 1948, consisting of—

(a) the winning and working underground of coal or coal-related minerals in a designated seam area; or

(b) the carrying out of development underground which is required in order to gain access to and work coal or coal-related minerals in a designated seam area.

Interpretation of Class B

B

For the purposes of Class B—

“designated seam area" has the same meaning as in paragraph A.2 above;

“coal-related minerals" means minerals other than coal which can only be economically worked in association with the working of coal or which can only be economically brought to the surface by the use of a mine of coal; and

“a licensee of the British Coal Corporation" means any person who is for the time being authorised by virtue of section 25(3) of the Coal Industry Act 1994 (coal-mining operations to be licensed) to carry on coal-mining operations to which section 25 of that Act applies.

Class C

Permitted development

C

Any development required for the purposes of a mine which is carried out on an authorised site at that mine by a licensed operator, in connection with coal-mining operations.

Development not permitted

C

Development is not permitted by Class C if—

(a) the external appearance of the mine would be materially affected;

(b) any building, plant or machinery, structure or erection or any deposit of minerals or waste—

(i) would exceed a height of 15 metres above ground level, or

(ii) where a building, plant or machinery would be rearranged, replaced or repaired, the resulting development would exceed a height of 15 metres above ground level or the height of what was rearranged, replaced or repaired, whichever is the greater;

(d) the cubic content of any replaced, extended or altered building would exceed by more than 25% the cubic content of the building replaced, extended or altered or the floor space would exceed by more than 1,000 square metres, the floor space of that building;

(e) it would be for the purpose of creating a new surface access to underground workings or of improving an existing access (which is not an active access) to underground workings; or

(f) it would be carried out on land to which the description in paragraph F.2(1)(b) applies, and a plan of that land had not been deposited with the mineral planning authority before 5th June 1989.

Conditions

C

Development is permitted by Class C subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the mineral planning authority agree in writing—

(a) all buildings, plant, machinery, structures and erections and deposits of minerals or waste permitted by Class C shall be removed from the land unless the mineral planning authority have otherwise agreed in writing; and

(b) the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the mineral planning authority and the developer.

Class D

Permitted development

D

Any development required for the purposes of a mine which is carried out on an authorised site at that mine by a licensed operator in connection with coal-mining operations and with the prior approval of the mineral planning authority.

Development not permitted

D

Development is not permitted by Class D if—

(a) it would be for the purpose of creating a new surface access or improving an existing access (which is not an active access) to underground workings; or

(b) it would be carried out on land to which the description in paragraph F.2(1)(b) applies, and a plan of that land had not been deposited with the mineral planning authority before 5th June 1989.

Condition

D

Development is permitted by Class D subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the mineral planning authority agree in writing—

(a) all buildings, plant, machinery, structures and erections and deposits of minerals or waste permitted by Class D shall be removed from the land, unless the mineral planning authority have otherwise agreed in writing; and

(b) the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the mineral planning authority and the developer.

Interpretation of Class D

D

The prior approval referred to in Class D shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury, or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

Class E

Permitted development

E

The carrying out by the Coal Authority or a licensed operator, with the prior approval of the mineral planning authority, of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or a disused mine.

Prior approvals

E.1

(1) The prior approval of the mineral planning authority to development permitted by Class E is not required if—

(a) the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

(b) no building, plant or machinery, structure or erection—

(i) would exceed a height of 15 metres above ground level, or

(ii) where any building, plant, machinery, structure or erection is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was rearranged, replaced or repaired, whichever is the greater,

and

(c) the development consists of the extension, alteration or replacement of an existing building, within the limits set out in paragraph (3).

(2) The approval referred to in Class E shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury, or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

(3) The limits referred to in paragraph E.1(1)(c) are—

(a) that the cubic content of the building as extended, altered or replaced does not exceed that of the existing building by more than 25%, and

(b) that the floor space of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

Interpretation of Part 20

F

For the purposes of Part 20—

“active access" means a surface access to underground workings which is in normal and regular use for the transportation of coal, materials, spoil or men;

“coal-mining operations" has the same meaning as in section 65 of the Coal Industry Act 1994 (interpretation) and references to any development or use in connection with coal-mining operations shall include references to development or use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;

“licensed operator" has the same meaning as in section 65 of the Coal Industry Act 1994;

“normal and regular use" means use other than intermittent visits to inspect and maintain the fabric of the mine or any plant or machinery; and

“prior approval of the mineral planning authority" means prior written approval of that authority of detailed proposals for the siting, design and external appearance of the proposed building, plant or machinery, structure or erection as erected, installed, extended or altered.

F.2

(1) Subject to sub-paragraph (2), land is an authorised site for the purposes of Part 20 if—

(a) it is identified in a grant of planning permission or any instrument by virtue of which planning permission is deemed to be granted as land which may be used for development described in this Part; or

(b) in any other case, it is land immediately adjoining an active access which, on 5th December 1988, was in use for the purposes of that mine in connection with coal-mining operations.

(2) For the purposes of sub-paragraph (1), land is not to be regarded as in use in connection with coal-mining operations if—

(a) it is used for the permanent deposit of waste derived from the winning and working of minerals; or

(b) there is on, over or under it a railway, conveyor, aerial ropeway, roadway, overhead power line or pipe-line which is not itself surrounded by other land used for those purposes.

PART 21 — WASTE TIPPING AT A MINE

Class A

Permitted development

A

The deposit, on premises used as a mine or on ancillary mining land already used for the purpose, of waste derived from the winning and working of minerals at that mine or from minerals brought to the surface at that mine, or from the treatment or the preparation for sale, consumption or utilization of minerals from the mine.

Development not permitted

A

Development is not permitted by Class A if—

(a) in the case of waste deposited in an excavation, waste would be deposited at a height above the level of the land adjoining the excavation, unless that is provided for in a waste management scheme or a relevant scheme;

(b) in any other case, the superficial area or height of the deposit (measured as at 21st October 1988) would be increased by more than 10%, unless such an increase is provided for in a waste management scheme or in a relevant scheme.

Conditions

A

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

(a) except in a case where a relevant scheme or a waste management scheme has already been approved by the mineral planning authority, the developer shall, if the mineral planning authority so require, within three months or such longer period as the authority may specify, submit a waste management scheme for that authority’s approval;

(b) where a waste management scheme or a relevant scheme has been approved, the depositing of waste and all other activities in relation to that deposit shall be carried out in accordance with the scheme as approved.

Interpretation of Class A

A

For the purposes of Class A—

“ancillary mining land" means land adjacent to and occupied together with a mine at which the winning and working of minerals is carried out in pursuance of planning permission granted or deemed to be granted under Part III of the Act (control over development); and

“waste management scheme" means a scheme required by the mineral planning authority to be submitted for their approval in accordance with the condition in paragraph A.2(a) which makes provision for—the manner in which the depositing of waste (other than waste deposited on a site for use for filling any mineral excavation in the mine or on ancillary mining land in order to comply with the terms of any planning permission granted on an application or deemed to be granted under Part III of the Act) is to be carried out after the date of the approval of that scheme;where appropriate, the stripping and storage of the subsoil and topsoil;the restoration and aftercare of the site.

Class B

Permitted development

B

The deposit on land comprised in a site used for the deposit of waste materials or refuse on 1st July 1948 of waste resulting from coal-mining operations.

Development not permitted

B

Development is not permitted by Class B unless it is in accordance with a relevant scheme approved by the mineral planning authority before 5th December 1988.

Interpretation of Class B

B

For the purposes of Class B—

Interpretation of Part 21

C

For the purposes of Part 21—

PART 22 — MINERAL EXPLORATION

Class A

Permitted development

A

Development on any land during a period not exceeding 28 consecutive days consisting of–

(a) the drilling of boreholes;

(b) the carrying out of seismic surveys; or

for the purpose of mineral exploration, and the provision or assembly on that land or adjoining land of any structure required in connection with any of those operations.

Development not permitted

A

Development is not permitted by Class A if–

(a) it consists of the drilling of boreholes for petroleum exploration;

(b) any operation would be carried out within 50 metres of any part of an occupied residential building or a building occupied as a hospital or school;

(c) any operation would be carried out within a National Park, an area of outstanding natural beauty, a site of archaeological interest or a site of special scientific interest;

(d) any explosive charge of more than 1 kilogram would be used;

(e) any excavation referred to in paragraph A(c) would exceed 10 metres in depth or 12 square metres in surface area;

(f) in the case described in paragraph A(c) more than 10 excavations would, as a result, be made within any area of 1 hectare within the land during any period of 24 months; or

(g) any structure assembled or provided would exceed 12 metres in height, or, where the structure would be within 3 kilometres of the perimeter of an aerodrome, 3 metres in height.

Conditions

A

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

(a) no operations shall be carried out between 6.00 p.m. and 7.00 a.m.;

(b) no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless the mineral planning authority have so agreed in writing;

(c) before any excavation (other than a borehole) is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;

(d) within a period of 28 days from the cessation of operations unless the mineral planning authority have agreed otherwise in writing–

(i) any structure permitted by Class A and any waste material arising from other development so permitted shall be removed from the land,

(ii) any borehole shall be adequately sealed,

(iii) any other excavation shall be filled with material from the site,

(iv) the surface of the land on which any operations have been carried out shall be levelled and any topsoil replaced as the uppermost layer, and

(v) the land shall, so far as is practicable, be restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting.

Class B

Permitted development

B

Development on any land consisting of—

(a) the drilling of boreholes;

(b) the carrying out of seismic surveys; or

for the purposes of mineral exploration, and the provision or assembly on that land or on adjoining land of any structure required in connection with any of those operations.

Development not permitted

B

Development is not permitted by Class B if—

(a) it consists of the drilling of boreholes for petroleum exploration;

(b) the developer has not previously notified the mineral planning authority in writing of his intention to carry out the development (specifying the nature and location of the development);

(d) any explosive charge of more than 2 kilograms would be used;

(e) any excavation referred to in paragraph B(c) would exceed 10 metres in depth or 12 square metres in surface area; or

(f) any structure assembled or provided would exceed 12 metres in height.

Conditions

B

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

(a) the development shall be carried out in accordance with the details in the notification referred to in paragraph B.1(b), unless the mineral planning authority have otherwise agreed in writing;

(b) no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless specified in detail in the notification refered to in paragraph B.1(b) or the mineral planning authority have otherwise agreed in writing;

(c) before any excavation other than a borehole is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;

(d) within a period of 28 days from operations ceasing, unless the mineral planning authority have agreed otherwise in writing—

(i) any structure permitted by Class B and any waste material arising from other development so permitted shall be removed from the land,

(ii) any borehole shall be adequately sealed,

(iii) any other excavation shall be filled with material from the site,

(iv) the surface of the land shall be levelled and any topsoil replaced as the uppermost layer, and

(v) the land shall, so far as is practicable, be restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting,

and

(e) the development shall cease no later than a date six months after the elapse of the relevant period, unless the mineral planning authority have otherwise agreed in writing.

Interpretation of Class B

B

For the purposes of Class B—

Interpretation of Part 22

C

For the purposes of Part 22—

“mineral exploration" means ascertaining the presence, extent or quality of any deposit of a mineral with a view to exploiting that mineral; and

“structure" includes a building, plant or machinery.

PART 23 — REMOVAL OF MATERIAL FROM MINERAL-WORKING DEPOSITS

Class A

Permitted development

A

The removal of material of any description from a stockpile.

Class B

Permitted development

B

The removal of material of any description from a mineral-working deposit other than a stockpile.

Development not permitted

B

Development is not permitted by Class B if—

(a) the developer has not previously notified the mineral planning authority in writing of his intention to carry out the development and supplied them with the appropriate details;

(b) the deposit covers a ground area exceeding 2 hectares, unless the deposit contains no mineral or other material which was deposited on the land more than 5 years before the development; or

(c) the deposit derives from the carrying out of any operations permitted under Part 6 of this Schedule or any Class in a previous development order which it replaces.

Conditions

B

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

(a) it shall be carried out in accordance with the details given in the notice sent to the mineral planning authority referred to in paragraph B.1(a) above, unless that authority have agreed otherwise in writing;

(b) if the mineral planning authority so require, the developer shall within a period of three months from the date of the requirement (or such other longer period as that authority may provide) submit to them for approval a scheme providing for the restoration and aftercare of the site;

(c) where such a scheme is required, the site shall be restored and aftercare shall be carried out in accordance with the provisions of the approved scheme;

(d) development shall not be commenced until the relevant period has elapsed.

Interpretation of Class B

B

For the purposes of Class B—

“appropriate details" means the nature of the development, the exact location of the mineral-working deposit from which the material would be removed, the proposed means of vehicular access to the site at which the development is to be carried out, and the earliest date at which any mineral presently contained in the deposit was deposited on the land; and

“relevant period" means the period elapsing—where a direction is not issued under article 7, 28 days after the notification referred to in paragraph B.1(a) or, if earlier, on the date on which the mineral planning authority notify the developer in writing that they will not issue such a direction; orwhere a direction is issued under article 7, 28 days from the date on which notice of that direction is sent to the Secretary of State, or, if earlier, the date on which the mineral planning authority notify the developer that the Secretary of State has disallowed the direction.

Interpretation of Part 23

C

For the purposes of Part 23—

PART 24 — DEVELOPMENT BY ELECTRONIC COMMUNICATIONS CODE OPERATORS

Class A

Permitted development

A

Development by or on behalf of a telecommunications code system operator for the purpose of the operator's telecommunication system in, on, over or under land controlled by that operator or in accordance with his licence, consisting of—

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

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

Development not permitted

A

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

(a) in the case of the installation of apparatus (other than on a building or other structure) 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 apparatus already installed (other than on a building or other structure), 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;

(c) in the case of the installation, alteration or replacement of apparatus on a building or other structure, the height of the apparatus (taken by itself) would exceed—

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

(ii) 10 metres in any other case;

(d) in the case of the installation, alteration or replacement of apparatus on a building or other structure, the highest part of the apparatus when installed, altered or replaced would exceed the height of the highest part of the building or structure by more than—

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

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

(iii) 6 metres in any other case;

(dd) in the case of the installation, alteration or replacement of apparatus (other than an antenna) on a mast, the height of the mast would, when the apparatus was installed, altered or replaced, exceed any relevant height limit specified in respect of apparatus in paragraphs A.1 (a), (b), (c) and (d), and for the purposes of applying the limit specified in sub-paragraph (c), the words “(taken by itself)” shall be omitted;

(e) in the case of the installation, alteration or replacement of any apparatus other than—

(i) a mast,

(ii) an antenna,

(iii) a public call box,

(iv) any apparatus which does not project above the level of the surface of the ground, or

(v) radio equipment housing,

the ground or base area of the structure would exceed 1.5 square metres;

(f) in the case of the installation, alteration or replacement of an antenna on a building or structure (other than a mast) which is less than 15 metres in height; on a mast located on such a building or structure; or, where the antenna is to be located below a height of 15 metres above ground level, on a building or structure (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 or structure 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 of the dishes on the building, structure or mast would exceed 1.5 metres, when measured in any dimension;

(iii) in the case of antennas other than dish antennas, the development (other than the installation, alteration or replacement of one small antenna) would result in the presence on the building or structure of more than two antenna systems; or

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

(g) in the case of the installation, alteration or replacement of an antenna on a building or structure (other than a mast) which is 15 metres or more in height, or on a mast located on such a building or structure, 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 of the dishes on the building, structure or mast would exceed 3.5 metres, when measured in any dimension;

(ii) in the case of antenna systems other than dish antennas, the development (other than the installation, alteration or replacement of a maximum of two small antennas) would result in the presence on the building or structure of more than three antenna systems; or

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

(h) in the case of development (other than the installation, alteration or replacement of one small antenna on a dwellinghouse or within the curtilage of a dwellinghouse) of any article 1(5) land or of any land which is, or is within, a site of special scientific interest, it would consist of—

(i) the installation or alteration of an antenna or of any apparatus which includes or is intended for the support of such an antenna; or

(ii) the replacement of such an antenna or such apparatus by an antenna or apparatus which differs from that which is being replaced,

unless the development is carried out in an emergency;

(i) it would consist 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.);

(j) in the case of the installation of a mast, on a building or structure which is less than 15 metres in height, such a mast would be within 20 metres of a highway;

(k) in the case of the installation, alteration or replacement of radio equipment housing—

(i) the development is not ancillary to the use of any other telecommunication apparatus;

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

(iii) on any article 1(5) land, or on any land which is, or is within, a site of special scientific interest, the development would exceed 2.5 cubic metres, unless the development is carried out in an emergency;

...

(l) in the case of the installation, alteration or replacement on a dwellinghouse or within the curtilage of a dwellinghouse of any telecommunications apparatus, that apparatus—

(i) is not a small antenna;

(ii) being a small antenna, would result in the presence on that dwellinghouse or within the curtilage of that dwellinghouse of more than one such antenna; or

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

(m) in the case of the installation, alteration or replacement on article 1(5) land of a small antenna on a dwellinghouse or within the curtilage of a dwellinghouse, the antenna is to 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;

(n) in the case 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—

(i) the building is on article 1(5) land;

(ii) the building is less than 15 metres in height, and the development would result in the presence on that building of more than one such antenna; or

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

PART 11 — DEVELOPMENT UNDER LOCAL OR PRIVATE ACTS OR ORDERS

Class A

Permitted development

A

Condition

A

Prior approvals

A

Interpretation of Class A

A

PART 12 — DEVELOPMENT BY LOCAL AUTHORITIES

Class A

Permitted development

A

Interpretation of Class A

A

A

Class B

Permitted development

B

Development not permitted

B

Interpretation of Part 12

C

PART 13 — DEVELOPMENT BY HIGHWAY AUTHORITIES

Class A

Permitted development

A

PART 14 — DEVELOPMENT BY DRAINAGE BODIES

Class A

Permitted development

A

Interpretation of Class A

A

PART 15 — Development by the Environment Agency and the Natural Resources Body for Wales

Class A

Permitted development

A

Development not permitted

A

Condition

A

PART 16 — DEVELOPMENT BY OR ON BEHALF OF SEWERAGE UNDERTAKERS

Class A

Permitted development

A

Development not permitted

A

Condition

A

Interpretation of Class A

A

PART 17 — DEVELOPMENT BY STATUTORY UNDERTAKERS

Class A Railway or light railway undertakings

Permitted development

A

Development not permitted

A

Interpretation of Class A

A

Class B Dock, pier, harbour, water transport, canal or inland navigation undertakings

Permitted development

B

Development not permitted

B

Interpretation of Class B

B

Class C Works to inland waterways

Permitted development

C

Class D Dredgings

Permitted development

D

Class E Water or hydraulic power undertakings

Permitted development

E

Development not permitted

E

Condition