The Town and Country Planning (General Permitted Development) Order 1995
- (iii) the building is 15 metres or more in height, and the development would result in the presence on that building of more than two such antennas.
Conditions
A
- (1) Class A(a) and Class A(c) development is permitted subject to the condition that any antenna or supporting apparatus, radio equipment housing or development ancillary to radio equipment housing constructed, installed, altered or replaced on a building in accordance with that permission shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.
- (2) Class A(a) and Class A(c) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall be removed from the land, building or structure on which it is situated—
- (a) if such development was carried out in an emergency on any article 1(5) land or on any land which is, or is within, a site of special scientific interest, at the expiry of the relevant period, or
- (b) in any other case, as soon as reasonably practicable after it is no longer required for telecommunication purposes,
and such land, building or structure 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.
- (3) Class A(b) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall at the expiry of the relevant period be removed from the land and the land restored to its condition before the development took place.
- (4) Subject to paragraph (4A)(b), Class A development on–
- (a) article 1(5) land or land which is, or is within, a site of special scientific interest, or
- (b) any other land and consisting of the construction, installation, alteration or replacement of a mast on a building or structure, or of a public call box, or of radio equipment housing with a volume in excess of 2.5 cubic metres or of development ancillary to radio equipment housing–
is permitted subject, except in a case of emergency, to the following conditions–
- (i) where the proposed development consists of the installation of a mast within 3 kilometres of the perimeter of an aerodrome, the developer shall notify the Civil Aviation Authority or the Secretary of State for Defence, as appropriate, of the proposal, before making the application required by sub-paragraph (ii);
- (ii) before beginning the development, the developer shall apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development;
- (iii) the application shall be accompanied—
- (aa) by a written description of the proposed development and a plan indicating its proposed location together with any fee required to be paid; and
- (bb) where sub-paragraph (i) applies, by evidence that the Civil Aviation Authority or the Secretary of State for Defence, as the case may be, has been notified of the proposal;
- (iv) the development shall not be begun before the occurrence of one of the following–
- (aa) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
- (bb) where the local planning authority gives the applicant written notice that such prior approval is required, the giving of that approval to the applicant, in writing, within a period of 28 days beginning with the date on which they received his application;
- (cc) where the local planning authority gives the applicant written notice that such prior approval is required, the expiry of a period of 28 days beginning with the date on which the local planning authority received his application without the local planning authority notifying the applicant, in writing, that such approval is given or refused; or
- (dd) the expiry of a period of 28 days beginning with the date on which the local planning authority received the application without the local planning authority notifying the applicant, in writing, of their determination as to whether such prior approval is required;
- (v) the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—
- (aa) where prior approval has been given as mentioned in sub-paragraph (iv)(bb), in accordance with the details approved;
- (bb) in any other case, in accordance with the details submitted with the application;
and
- (vi) the development shall be begun—
- (aa) where prior approval has been given as mentioned in sub-paragraph (iv)(bb), not later than the expiration of five years beginning with the date on which approval was given;
- (bb) in any other case, not later than the expiration of five years beginning with the date on which the local planning authority were given the information referred to in sub-paragraph (iii).
- (4A) Class A development consisting of:
- (a) the construction, installation, alteration or replacement of a mast (other than on a building or structure); or
- (b) such development carried out in conjunction with any development specified in paragraph A.2(4)(b)–
is permitted subject, except in a case of emergency, to the following conditions–
- (i) where the proposed development consists of the installation of a mast within 3 kilometres of the perimeter of an aerodrome, the developer shall notify the Civil Aviation Authority or the Secretary of State for Defence, as appropriate, of the proposal, before making the application required by sub-paragraph (iii);
- (ii) the developer shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for a period of not less than 21 days beginning with the date on which the application required by sub-paragraph (iii) is made to the local planning authority (provided that, where the site notice is, without any fault or intention of the developer, removed, obscured or defaced before the end of the 21 day period, the developer shall be treated as having complied with the requirements of this sub-paragraph if he has taken reasonable steps for the protection of the notice and, if need be, its replacement);
- (iii) before beginning the development, the developer shall apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development;
- (iv) the application shall be accompanied–
- (aa) by a written description of the proposed development and a plan indicating its proposed location together with any fee required to be paid; and
- (bb) where sub-paragraph (i) applies, by evidence that the Civil Aviation Authority or the Secretary of State for Defence, as the case may be, has been notified of the proposal; and
- (cc) a copy of the site notice displayed in accordance with sub-paragraph (ii), and a plan indicating where it is displayed;
- (v) the development shall not be begun before the occurrence of one of the following–
- (aa) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
- (bb) where the local planning authority gives the applicant written notice that such prior approval is required, the giving of that approval to the applicant, in writing, within a period of 42 days beginning with the date on which they received his application;
- (cc) where the local planning authority gives the applicant written notice that such prior approval is required, the expiry of a period of 42 days beginning with the date on which the local planning authority received his application without the local planning authority notifying the applicant, in writing, that such approval is given or refused; or
- (dd) the expiry of a period of 42 days beginning with the date on which the local planning authority received the application without the local planning authority notifying the applicant in writing of their determination as to whether such prior approval is required;
- (vi) the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out–
- (aa) where prior approval has been given as mentioned in sub-paragraph (v)(bb), in accordance with the details approved;
- (bb) in any other case, in accordance with the details submitted with the application;
- (vii) the development shall be begun–
- (aa) where prior approval has been given as mentioned in sub-paragraph (v)(bb), not later than the expiration of five years beginning with the date on which approval was given;
- (bb) in any other case, not later than the expiration of five years beginning with the date on which the local planning authority were given the information referred to in sub-paragraph (iv).
- (5) In a case of emergency, development ... is permitted by Class A subject to the condition that the operator shall give written notice to the local planning authority of such development as soon as possible after the emergency begins.
Interpretation of Class A
A
For the purposes of Class A—
- “antenna system” means a set of antennas installed on a building or structure and operated by a single telecommunications code system operator in accordance with his licence;
- “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 radio equipment housing;
- “development in accordance with a licence” means development carried out by an operator in pursuance of a right conferred on that operator under the telecommunications code, and in accordance with any conditions, relating to the application of that code imposed by the terms of his licence;
- “land controlled by an operator” means land occupied by the operator in right of a freehold interest or a leasehold interest under a lease granted for a term of not less than 10 years;
- “mast” means a radio mast or a radio tower;
- “relevant period” means a period which expires—six months from the commencement of the construction, installation, alteration or replacement of any apparatus or structure permitted by Class A(a) or Class A(c) or from the commencement of the use permitted by Class A(b), as the case may be, orwhen the need for such apparatus, structure or use ceases,whichever occurs first;
- “site notice” means a notice signed and dated by or on behalf of the applicant and containing–the name of the applicant;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);a statement that the applicant has applied to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development;the name and address of the local planning authority;a statement that the application shall be available for public inspection at the offices of the local planning authority during usual office hours;a statement that any person who wishes to make representations about the siting and appearance of the proposed development may do so in writing to the local planning authority; andthe address to which such representations should be made and the date by which they should be made.
- “small antenna” means an antenna which—is for use in connection with a telephone system operating on a point to fixed multi-point basis;does not exceed 50 centimetres in any linear measurement; anddoes not, in two-dimensional profile, have an area exceeding 1,591 square centimetres;and any calculation for the purposes of (b) and (c) shall exclude any feed element, reinforcing rim mountings and brackets.
- “telecommunication apparatus” means any apparatus falling within the definition of that term in paragraph 1 of Schedule 2 to the Telecommunications Act 1984 (“the 1984 Act”) (the telecommunications code), and includes radio equipment housing;
- “the telecommunications code” means the code contained in Schedule 2 to the 1984 Act;
- “telecommunications code system operator” means a person who has been granted a licence under section 7 of the 1984 Act (power to license systems) which applies the telecommunications code to him in pursuance of section 10 of that Act (the telecommunications code); and
- “telecommunication system” has the meaning assigned to that term by section 4(1) of the 1984 Act (meaning of “telecommunication system” and related expressions).
PART 25 — OTHER TELECOMMUNICATIONS DEVELOPMENT
Class A
Permitted development
A
The installation, alteration or replacement on any building or other structure of a height of 15 metres or more of a microwave antenna and any structure intended for the support of a microwave antenna.
Development not permitted
A
Development is not permitted by Class A if—
- (a) the building is a dwellinghouse or the building or structure is within the curtilage of a dwellinghouse;
- (b) it would consist of development of a kind described in paragraph A of Part 24;
- (c) 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);
- (d) it would result in the presence on the building or structure of more than four antennas;
- (e) in the case of an antenna installed on a chimney, the length of the antenna would exceed 60cm;
- (f) in all other cases, the length of the antenna would exceed 130cm;
- (g) it would consist of the installation of an antenna with a cubic capacity in excess of 35 litres;
- (h) the highest part of the antenna or its supporting structure would be more than three metres higher than the highest part of the building or structure on which it is installed or is to be installed;
- (i) in the case of article 1(5) land, it would consist of the installation of an antenna on a chimney, wall or roof slope which faces onto, and is visible from, a highway.
Conditions
A
Development is permitted by Class A subject to the following conditions—
- (a) the antenna shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is installed;
- (b) an antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as reasonably practicable.
Class B
Permitted development
B
The installation, alteration or replacement on any building or other structure of a height of less than 15 metres of a microwave antenna.
Development not permitted
B
Development is not permitted by Class B if—
- (a) the building is a dwellinghouse or other structure within the curtilage of a dwellinghouse;
- (b) it would consist of development of a kind described in Class A of Part 24;
- (c) 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);
- (d) it would result in the presence on the building or structure of—
- (i) more than two antennas;
- (ii) a single antenna exceeding 100 centimetres in length;
- (iii) two antennas which do not meet the relevant size criteria;
- (iv) an antenna installed on a chimney, where the length of the antenna would exceed 60cm;
- (v) an antenna installed on a chimney, where the antenna would protrude over the chimney;
- (vi) an antenna with a cubic capacity in excess of 35 litres;
- (e) in the case of an antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof;
- (f) in the case of an antenna to be installed on a roof with a chimney, the highest part of the antenna would be higher than the highest part of the chimney, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lowest;
- (g) in the case of article 1(5) land, it would consist of the installation of an antenna on a chimney, wall or roof slope which faces onto, and is visible from, a highway.
Condition
B
Development is permitted by Class B subject to the following conditions—
- (a) the antenna shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is installed;
- (b) an antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as reasonably practicable
PART 26
Class A
Permitted development
A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Development not permitted
A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Condition
A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation of Class A
A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 27 — USE BY MEMBERS OF CERTAIN RECREATIONAL ORGANISATIONS
Class A
Permitted development
A
The use of land by members of a recreational organisation for the purposes of recreation or instruction, and the erection or placing of tents on the land for the purposes of the use.
Development not permitted
A
Development is not permitted by Class A if the land is a building or is within the curtilage of a dwellinghouse.
Interpretation of Class A
A
For the purposes of Class A—
PART 28 — DEVELOPMENT AT AMUSEMENT PARKS
Class A
Permitted development
A
Development on land used as an amusement park consisting of—
- (a) the erection of booths or stalls or the installation of plant or machinery to be used for or in connection with the entertainment of the public within the amusement park; or
- (b) the extension, alteration or replacement of any existing booths or stalls, plant or machinery so used.
Development not permitted
A
Development is not permitted by Class A if—
- (a) the plant or machinery would—
- (i) if the land or pier is within 3 kilometres of the perimeter of an aerodrome, exceed a height of 25 metres or the height of the highest existing structure (whichever is the lesser), or
- (ii) in any other case, exceed a height of 25 metres;
- (b) in the case of an extension to an existing building or structure, that building or structure would as a result exceed 5 metres above ground level or the height of the roof of the existing building or structure, whichever is the greater, or
- (c) in any other case, the height of the building or structure erected, extended, altered or replaced would exceed 5 metres above ground level.
Interpretation of Class A
A
For the purposes of Class A—
- “amusement park" means an enclosed area of open land, or any part of a seaside pier, which is principally used (other than by way of a temporary use) as a funfair or otherwise for the purposes of providing public entertainment by means of mechanical amusements and side-shows; but, where part only of an enclosed area is commonly so used as a funfair or for such public entertainment, only the part so used shall be regarded as an amusement park; and
- “booths or stalls" includes buildings or structures similar to booths or stalls.
PART 29 — DRIVER INFORMATION SYSTEMS
Class A
Permitted development
A
The installation, alteration or replacement of system apparatus by or on behalf of a driver information system operator.
Development not permitted
A
Development is not permitted by Class A if—
- (a) in the case of the installation, alteration or replacement of system apparatus other than on a building or other structure—
- (i) the ground or base area of the system apparatus would exceed 1.5 square metres; or
- (ii) the system apparatus would exceed a height of 15 metres above ground level;
- (b) in the case of the installation, alteration or replacement of system apparatus on a building or other structure—
- (i) the highest part of the apparatus when installed, altered, or replaced would exceed in height the highest part of the building or structure by more than 3 metres; or
- (ii) the development would result in the presence on the building or structure of more than two microwave antennas.
Conditions
A
Development is permitted by Class A subject to the following conditions—
- (a) any system apparatus shall, so far as practicable, be sited so as to minimise its effect on the external appearance of any building or other structure on which it is installed;
- (b) any system apparatus which is no longer needed for a driver information system shall be removed as soon as reasonably practicable.
Interpretation of Class A
A
For the purposes of Class A—
- “driver information system operator" means a person granted an operator’s licence under section 10 of the Road Traffic (Driver Licensing and Information Systems) Act 1989 (operators’ licences); and
- “system apparatus" has the meaning assigned to that term by section 8(6) of that Act (definitions of driver information systems etc.).
PART 30 — TOLL ROAD FACILITIES
Class A
Permitted development
A
Development consisting of—
- (a) the setting up and the maintenance, improvement or other alteration of facilities for the collection of tolls;
- (b) the provision of a hard surface to be used for the parking of vehicles in connection with the use of such facilities.
Development not permitted
A
Development is not permitted by Class A if—
- (a) it is not located within 100 metres (measured along the ground) of the boundary of a toll road;
- (b) the height of any building or structure would exceed—
- (i) 7.5 metres excluding any rooftop structure; or
- (ii) 10 metres including any rooftop structure;
- (c) the aggregate area of the floor space at or above ground level of any building or group of buildings within a toll collection area, excluding the floor space of any toll collection booth, would exceed 1,500 square metres.
Conditions
A
In the case of any article 1(5) land, development is permitted by Class A subject to the following conditions—
- (a) the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the facilities for the collection of tolls;
- (b) the application shall be accompanied by a written description, together with plans and elevations, of the proposed development and any fee required to be paid;
- (c) the development shall not be begun before the occurrence of one of the following—
- (i) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
- (ii) where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval; or
- (iii) the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;
- (d) the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—
- (i) where prior approval is required, in accordance with the details approved;
- (ii) where prior approval is not required, in accordance with the details submitted with the application;
and
- (e) the development shall be carried out—
- (i) where approval has been given by the local planning authority, within a period of five years from the date on which the approval was given;
- (ii) in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (b).
Interpretation of Class A
A
For the purposes of Class A—
- “facilities for the collection of tolls" means such buildings, structures, or other facilities as are reasonably required for the purpose of or in connection with the collection of tolls in pursuance of a toll order;
- “ground level" means the level of the surface of the ground immediately adjacent to the building or group of buildings in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it;
- “rooftop structure" means any apparatus or structure which is reasonably required to be located on and attached to the roof, being an apparatus or structure which is–so located for the provision of heating, ventilation, air conditioning, water, gas or electricity;lift machinery; orreasonably required for safety purposes;
- “toll" means a toll which may be charged pursuant to a toll order;
- “toll collection area" means an area of land where tolls are collected in pursuance of a toll order, and includes any facilities for the collection of tolls;
- “toll collection booth" means any building or structure designed or adapted for the purpose of collecting tolls in pursuance of a toll order;
- “toll order" has the same meaning as in Part I of the New Roads and Street Works Act 1991 (new roads in England and Wales); and
- “toll road" means a road which is the subject of a toll order.
PART 31 — DEMOLITION OF BUILDINGS
Class A
Permitted development
A
Any building operation consisting of the demolition of a building.
Development not permitted
A
Development is not permitted by Class A where—
- (a) the building has been rendered unsafe or otherwise uninhabitable by the action or inaction of any person having an interest in the land on which the building stands; and
- (b) it is practicable to secure safety or health by works of repair or works for affording temporary support.
Conditions
A
Development is permitted by Class A subject to the following conditions—
- (a) where demolition is urgently necessary in the interests of safety or health and the measures immediately necessary in such interests are the demolition of the building the developer shall, as soon as reasonably practicable, give the local planning authority a written justification of the demolition;
- (b) where the demolition does not fall within sub-paragraph (a) and is not excluded demolition—
- (i) the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the method of demolition and any proposed restoration of the site;
- (ii) the application shall be accompanied by a written description of the proposed development, a statement that a notice has been posted in accordance with sub-paragraph (iii) and any fee required to be paid;
- (iii) subject to sub-paragraph (iv), the applicant shall display a site notice by site display on or near the land on which the building to be demolished is sited and shall leave the notice in place for not less than 21 days in the period of 28 days beginning with the date on which the application was submitted to the local planning authority;
- (iv) where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to in sub-paragraph (iii) has elapsed, he shall be treated as having complied with the requirements of that sub-paragraph if he has taken reasonable steps for protection of the notice and, if need be, its replacement;
- (v) the development shall not be begun before the occurrence of one of the following—
- (aa) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
- (bb) where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval; or
- (cc) the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;
- (vi) the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—
- (aa) where prior approval is required, in accordance with the details approved;
- (bb) where prior approval is not required, in accordance with the details submitted with the application;
and
- (vii) the development shall be carried out—
- (aa) where approval has been given by the local planning authority, within a period of five years from the date on which approval was given;
- (bb) in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (ii).
Interpretation of Class A
A
For the purposes of Class A—
- “excluded demolition" means demolition—on land which is the subject of a planning permission, for the redevelopment of the land, granted on an application or deemed to be granted under Part III of the Act (control over development),required or permitted to be carried out by or under any enactment, orrequired to be carried out by virtue of a relevant obligation;
- “relevant obligation" means—an obligation arising under an agreement made under section 106 of the Act, as originally enacted (agreements regulating development or use of land);a planning obligation entered into under section 106 of the Act, as substituted by section 12 of the Planning and Compensation Act 1991 (planning obligations), or under section 299A of the Act (Crown planning obligations);an obligation arising under or under an agreement made under any provision corresponding to section 106 of the Act, as originally enacted or as substituted by the Planning and Compensation Act 1991, or to section 299A of the Act; and
- “site notice" means a notice containing—the name of the applicant,a description, including the address, of the building or buildings which it is proposed be demolished,a statement that the applicant has applied to the local planning authority for a determination as to whether the prior approval of the authority will be required to the method of demolition and any proposed restoration of the site,the date on which the applicant proposes to carry out the demolition, andthe name and address of the local planning authority,and which is signed and dated by or on behalf of the applicant.
Class B
Permitted development
B
Any building operation consisting of the demolition of the whole or any part of any gate, fence, wall or other means of enclosure.
PART 32 — SCHOOLS, COLLEGES, UNIVERSITIES AND HOSPITALS
Class A
Permitted development
A
The erection on the site of any school, college, university or hospital of any building required for use as part of, or for a purpose incidental to the use of, the school, college, university or hospital as such, as the case may be.
Development not permitted
A
Development is not permitted by Class A—
- (a) unless—
- (i) in the case of school, college or university buildings, the predominant use of the existing buildings on the site is for the provision of education, or
- (ii) in the case of hospital buildings, the predominant use of the existing buildings on the site is for the provision of any medical or health services;
- (b) where the cumulative total floor space of any buildings erected on a particular site (other than the original school, college, university or hospital buildings) would exceed 10% of the total floor space of the original school, college, university or hospital buildings on that site;
- (c) where the cumulative total cubic content of buildings erected on a particular site (other than the original school, college, university or hospital buildings) would exceed 250 cubic metres;
- (d) where any part of a building erected would be within 20 metres of the boundary of the site;
- (e) where, as a result of the development, any land, used as a playing field immediately before the development took place, could no longer be so used.
Condition
A
Development is permitted by Class A subject to the condition that, in the case of any article 1(5) land, any materials used shall be of a similar appearance to those used for the original school, college, university or hospital buildings.
Interpretation of Class A
A
For the purposes of Class A—
- “cumulative total floor space" or “cumulative total cubic content", as the case may be, of buildings erected, includes the total floor space or total cubic content of any existing buildings previously erected at any time under Class A; and
- “original school, college, university or hospital buildings" means any school, college, university or hospital buildings, as the case may be, other than any buildings erected at any time under Class A.
PART 33 — CLOSED CIRCUIT TELEVISION CAMERAS
Class A
Permitted development
A
The installation, alteration or replacement on a building of a closed circuit television camera to be used for security purposes.
Development not permitted
A
Development is not permitted by Class A if—
- (a) the building on which the camera would be installed, altered or replaced is a listed building or a scheduled monument;
- (b) the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres;
- (c) any part of the camera would, when installed, altered or replaced, be less than 250 centimetres above ground level;
- (d) any part of the camera would, when installed, altered or replaced, protrude from the surface of the building by more than one metre when measured from the surface of the building;
- (e) any part of the camera would, when installed, altered or replaced, be in contact with the surface of the building at a point which is more than one metre from any other point of contact;
- (f) any part of the camera would be less than 10 metres from any part of another camera installed on a building;
- (g) the development would result in the presence of more than four cameras on the same side of the building; or
- (h) the development would result in the presence of more than 16 cameras on the building.
Conditions
A
Development is permitted by Class A subject to the following conditions—
- (a) the camera shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building on which it is situated;
- (b) the camera shall be removed as soon as reasonably practicable after it is no longer required for security purposes.
Interpretation of Class A
A
For the purposes of Class A—
- “camera", except in paragraph A.1(b), includes its housing, pan and tilt mechanism, infra red illuminator, receiver, mountings and brackets; and
- “ground level" means the level of the surface of the ground immediately adjacent to the building or, where the level of the surface of the ground is not uniform, the level of the highest part of the surface of the ground adjacent to it.
SCHEDULE 3 — STATUTORY INSTRUMENTS REVOKED
| 1 | 2 | 3 |
|---|---|---|
| Title of Instrument | Reference | Extent of Revocation |
| The Town and Country Planning General Development Order 1988 | S.I. 1988/1813 | Paragraphs (3), (5), (6) and (7) of article 1 and articles 3, 4, 5 and 6 and Schedules 1 and 2 |
| The Town and Country Planning General Development (Amendment) Order 1989 | S.I. 1989/603 | Paragraphs (2) to (8) of article 2 |
| The Town and Country Planning General Development (Amendment) (No. 2) Order 1989 | S.I. 1989/1590 | Paragraphs (3) and (4) of article 2 |
| The Town and Country Planning General Development (Amendment) Order 1990 | S.I. 1990/457 | The whole Order to the extent not already revoked |
| The Town and Country Planning General Development (Amendment) (No. 2) Order 1990 | S.I. 1990/2032 | The whole Order |
| The Town and Country Planning General Development (Amendment) Order 1991 | S.I. 1991/1536 | The whole Order to the extent not already revoked |
| The Town and Country Planning General Development (Amendment) (No. 2) Order 1991 | S.I. 1991/2268 | The whole Order to the extent not already revoked |
| The Town and Country Planning General Development (Amendment) (No. 3) Order 1991 | S.I. 1991/2805 | Articles 8, 9 and 10 and the Schedule |
| The Town and Country Planning General Development (Amendment) Order 1992 | S.I. 1992/609 | The whole Order |
| The Town and Country Planning General Development (Amendment) (No. 2) Order 1992 | S.I. 1992/658 | Article 3 |
| The Town and Country Planning General Development (Amendment) (No. 3) Order 1992 | S.I. 1992/1280 | The whole Order |
| The Town and Country Planning General Development (Amendment) (No. 4) Order 1992 | S.I. 1992/1493 | Articles 8, 9 and 12(2) |
| The Town and Country Planning General Development (Amendment) (No. 5) Order 1992 | S.I. 1992/1563 | Paragraph 2 of the Schedule |
| The Town and Country Planning General Development (Amendment) (No. 6) Order 1992 | S.I. 1992/2450 | Articles 2, 3, 4 and 6 |
| The Town and Country Planning General Development (Amendment) Order 1994 | S.I. 1994/678 | Article 4 |
| The Town and Country Planning General Development (Amendment) (No. 2) Order 1994 | S.I. 1994/2595 | Articles 4, 5 and 6 and paragraph (3) of article 7 |
| The Town and Country Planning General Development (Amendment) Order 1995 | S.I. 1995/298 | The whole Order except article 3(1) |
Signed
John Selwyn Gummer — Secretary of State for the Environment — 1995-02-21
John Redwood — Secretary of State for Wales — 1995-02-22
Explanatory note
(This note is not part of the Order)
athe inclusion of provisions(paragraphs (10) to (12) of article 3) which relate to the further implementation in England and Wales of Council Directive 85/337/EEC (OJ No. L175, 5.7.85, p. 40).Paragraph (10) excludes from the descriptions of development for which planning permission would otherwise be granted by paragraph (1) certain descriptions of development which, if they were the subject of an application for planning permission, would require environmental assessment, in accordance with the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (S.I. 1988/1199) (“the 1988 Regulations"), before permission could be granted.Paragraph (11) provides for opinions and directions given under the Town and Country Planning (Environmental Assessment and Permitted Development) Regulations 1995 (S.I. 1995/417), as to whether proposed development would require environmental assessment under the 1988 Regulations, to have effect for the purpose of article 3(10) of the Order.Paragraph (12) excludes certain descriptions of development from the ambit of paragraph (10);
bthe inclusion of provisions inarticle 4(2) enabling a local planning authority to issue a direction withdrawing certain permitted development rights, within the whole or any part of a conservation area, in relation to all or any particular development described inarticle 4(5). These directions are subject to the new procedures inarticle 6 relating to notices and confirmation by the local planning authority and are not subject to approval by the Secretary of State;
cthe inclusion of permitted development rights for the demolition of gates, fences, walls or other means of enclosure. By virtue of the Town and Country Planning (Demolition—Description of Buildings) Direction 1995, made under section 55(2)(g) of the Town and Country Planning Act 1990 and which comes into force on the date of the coming into force of this Order, such demolition is development only if it is within a conservation area(Class B of Part 31 of Schedule 2);
dthe inclusion of permitted development rights for closed circuit television cameras(Part 33 of Schedule 2).
Footnotes
[^f00001]: 1990 c. 8; section 74(1A) was inserted, and section 74(2) was amended, by section 19(1) of, and paragraph 17 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).
[^f00002]: 1994 c. 21.
[^f00003]: 1960 c. 62; a relevant amendment is section 13 of the Caravan Sites Act 1968 (c. 52).
[^f00004]: S.I. 1989/2004, to which there are amendments not relevant to this Order.
[^f00005]: 1949 c. 97; section 87 was amended by section 130 of, and paragraph 1(12) of Schedule 8 to, the Environmental Protection Act 1990 (c. 43).
[^f00006]: 1980 c. 66.
[^f00007]: 1976 c. 70.
[^f00008]: 1990 c. 9.
[^f00009]: 1962 c. 58.
[^f00010]: S.I. 1982/1357.
[^f00011]: 1981 c. 14; section 1 was amended by Schedule 8 to the Transport Act 1985 (c. 67).
[^f00012]: 1988 c. 52.
[^f00013]: 1979 c. 46.
[^f00014]: 1981 c. 69.
[^f00015]: 1989 c. 29.
[^f00016]: 1980 c. 66; section 19 was amended by section 21(1) of the New Roads and Street Works Act 1991 (c. 22).
[^f00017]: S.I. 1987/764, amended by S.I. 1991/1567, 1992/610, 1992/657, 1994/724, 1995/297.
[^f00018]: S.I. 1994/2716.
[^f00019]: S.I. 1988/1199, amended by S.I. 1990/367, 1992/1494 and 1994/677.
[^f00020]: S.I. 1995/417
[^f00021]: 1991 c. 59. The definition of “drainage body” is to be found in section 72(1).
[^f00022]: S.I. 1988/1217.
[^f00023]: 1989 c. 29. See the definition in section 64(1).
[^f00024]: S.I. 1990/2035.
[^f00025]: S.I. 1984/1286.
[^f00026]: 1990 c. 9.
[^f00027]: 1990 c. 9.
[^f00028]: 1981 c. 69.
[^f00029]: 1980 c. 66.
[^f00030]: 1964 c. 40; section 14 was amended by paragaph 2, and sections 14 and 16 were amended by paragraphs 3, 4 and 14, of Schedule 6 to, and by Part II of Schedule 12 to, the Transport Act 1981 (c. 56); section 14 was amended by paragraph 1, and section 16 was amended by paragraph 2, of Schedule 3 to the Transport and Works Act 1992 (c. 42).
[^f00031]: For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.
[^f00032]: 1980 c. 65.
[^f00033]: 1991 c. 59.
[^f00034]: 1991 c. 57.
[^f00035]: 1964 c. 40; section 14 was amended by paragaph 2, and sections 14 and 16 were amended by paragraphs 3, 4 and 14, of Schedule 6 to, and by Part II of Schedule 12 to, the Transport Act 1981 (c. 56); section 14 was amended by paragraph 1, and section 16 was amended by paragraph 2, of Schedule 3 to the Transport and Works Act 1992 (c. 42).
[^f00036]: 1945 c. 18 (9 and 10 Geo. 6).
[^f00037]: 1968 c. 73.
[^f00038]: 1991 c. 57.
[^f00039]: 1965 c. 36; section 4 was amended by paragraph 6 of Schedule 7, and Part I of Schedule 9, to the Gas Act 1986 (c. 44), and by paragraph 12 of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11).
[^f00040]: For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.
[^f00041]: 1989 c. 29.
[^f00042]: For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.
[^f00043]: 1984 c. 12.
[^f00044]: Section 263 was amended by paragraph 23 of Schedule 6 to the Planning and Compensation Act 1991 (c. 34).
[^f00045]: 1894 c. 60.
[^f00046]: 1962 c. 46.
[^f00047]: 1968 c. 73.
[^f00048]: 1986 c. 31.
[^f00049]: 1994 c. 21.
[^f00050]: S.I. 1988/1813; Schedule 2 to the Town and Country Planning General Development Order 1988 is revoked by this Order.
[^f00051]: 1994 c. 21.
[^f00052]: 1989 c. 22.
[^f00053]: 1984 c. 12.
[^f00054]: 1989 c. 22.
[^f00055]: 1936 c. 49.
[^f00056]: 1989 c. 22.
[^f00057]: 1991 c. 22.
[^f00058]: 1991 c. 34.
[^f00059]: Section 299A was inserted by section 12(3) of the Planning and Compensation Act 1991 (c. 34).
Land within the following counties in England —
Land within—
- (a) a National Park;
- (b) an area of outstanding natural beauty;
- (c) an area designated as a conservation area under section 158 of the Historic Environment (Wales) Act 2023 (designation of conservation areas);
- (d) an area specified by the Secretary of State and the Minister of Agriculture, Fisheries and Food for the purposes of section 41(3) of the Wildlife and Countryside Act 1981 (enhancement and protection of the natural beauty and amenity of the countryside);
- (e) the Broads.
Land within a National Park or within the following areas—
- (a) In England, the Broads or land outside the boundaries of a National Park, which is within the parishes listed below—
- in the district of Allerdale—Blindcrake, Bothel and Threapland, Bridekirk, Brigham, Broughton, Broughton Moor, Camerton, Crosscanonby, Dean, Dearham, Gilcrux, Great Clifton, Greysouthen, Little Clifton, Loweswater, Oughterside and Allerby, Papcastle, Plumbland, Seaton, Winscales;
- in the borough of Copeland—Arlecdon and Frizington, Cleator Moor, Distington, Drigg and Carleton, Egremont, Gosforth, Haile, Irton with Santon, Lamplugh, Lowca, Lowside Quarter, Millom, Millom Without, Moresby, Parton, Ponsonby, St Bees, St Bridget’s Beckermet, St John’s Beckermet, Seascale, Weddicar;
- in the district of Eden—Ainstable, Asby, Bandleyside, Bolton, Brough, Brough Sowerby, Brougham, Castle Sowerby, Catterlen, Clifton, Cliburn, Crackenthorpe, Crosby Garrett, Crosby Ravensworth, Culgaith, Dacre, Dufton, Glassonby, Great Salkeld, Great Strickland, Greystoke, Hartley, Hesket, Hillbeck, Hunsonby, Hutton, Kaber, Kings Meaburn, Kirkby Stephen, Kirby Thore, Kirkoswald, Langwathby, Lazonby, Little Strickland, Long Marton, Lowther, Mallerstang, Milburn, Morland, Mungrisdale, Murton, Musgrave, Nateby, Newbiggin, Newby, Orton, Ousby, Ravenstonedale, Shap, Skelton, Sleagill, Sockbridge and Tirril, Soulby, Stainmore, Tebay, Temple Sowerby, Thrimby, Waitby, Warcop, Wharton, Winton, Yanwath and Eamont Bridge;
- in the borough of High Peak—Chapel-en-le-Frith, Charlesworth, Chinley Buxworth and Brownside, Chisworth, Green Fairfield, Hartington Upper Quarter, Hayfield, King Sterndale, Tintwistle, Wormhill;
- in the district of South Lakeland—Aldingham, Angerton, Arnside, Barbon, Beetham, Blawith and Subberthwaite, Broughton West, Burton, Casterton, Docker, Egton-with-Newland, Fawcett Forest, Firbank, Grayrigg, Helsington, Heversham, Hincaster, Holme, Hutton Roof, Killington, Kirkby Ireleth, Kirkby Lonsdale, Lambrigg, Levens, Lower Allithwaite, Lower Holker, Lowick, Lupton, Mansergh, Mansriggs, Middleton, Milnthorpe, Natland, New Hutton, Old Hutton and Holmescales, Osmotherley, Pennington, Preston Patrick, Preston Richard, Scalthwaiterigg, Sedgwick, Skelsmergh, Stainton, Strickland Ketel, Strickland Roger, Urswick, Whinfell, Whitwell and Selside;
- in the district of West Derbyshire—Aldwark, Birchover, Stanton; andIn Wales, land outside the boundaries of a National Park which is—
- (i) within the communities listed below—
- in the county borough of Aberconwy and Colwyn—Caerhun, Dolgarrog;
- in the county of Caernarfonshire and Merionethshire—Arthog, Betws Garmon, Bontnewydd, Corris, Llanberis, Llanddeiniolen, Llandwrog, Llanfrothen, Llanllyfni, Llanwnda, Penrhyndeudraeth, Waunfawr; or
- (ii) within the specified parts of the communities listed below—
- in the county borough of Aberconwy and Colwyn—those parts of the following communities which were on 31st March 1974 within the former rural district of Nant Conway—Conwy, Henryd, Llanddoged and Maenan, and Llanrwst;that part of the community of Llangwm which was on 31st March 1974 within the former rural district of Penllyn;
- in the county of Caernarfonshire and Merionethshire:those parts of the following communities which were on 31st March 1974 within the former rural district of Gwyrfai—Caernarfon, Clynnog, Dolbenmaen, Llandygai, Llanaelhaearn, Llanrug, Pentir, Y Felinheli;that part of the community of Talsarnau which was on 31st March 1974 within the former rural district of Deudraeth;that part of the community of Barmouth which was on 31st March 1974 within the former rural district of Dolgellau;that part of the community of Llandderfel which was on 31st March 1974 within the former rural district of Penllyn;
- in the county of Denbighshire, that part of the community of Llandrillo which was on 31st March 1974 within the former rural district of Penllyn.
H
Development is permitted by Class H subject to the following conditions—
- (a) an antenna installed on a building shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building;
- (b) an antenna no longer needed for reception or transmission purposes shall be removed as soon as reasonably practicable
A
Development is permitted by Class A subject to the following conditions—
- (a) where development is carried out within 400 metres of the curtilage of a protected building, any building, structure, excavation or works resulting from the development shall not be used for the accommodation of livestock except in the circumstances described in paragraph D.3 below or for the storage of slurry or sewage sludge;
- (b) where the development involves—
- (i) the extraction of any mineral from the land (including removal from any disused railway embankment); or
- (ii) the removal of any mineral from a mineral-working deposit,
the mineral shall not be moved off the unit;
- (c) waste materials shall not be brought on to the land from elsewhere for deposit except for use in works described in Class A(a) or in the provision of a hard surface and any materials so brought shall be incorporated forthwith into the building or works in question.
- (2) Subject to paragraph (3), development consisting of—
- (a) the erection, extension or alteration of a building;
- (b) the formation or alteration of a private way;
- (c) the carrying out of excavations or the deposit of waste material (where the relevant area, as defined in paragraph D.4 below, exceeds 0.5 hectare); or
- (d) the placing or assembly of a tank in any waters,
is permitted by Class A subject to the following conditions—
- (i) the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be;
- (ii) the application shall be accompanied by a written description of the proposed development and of the materials to be used and a plan indicating the site together with any fee required to be paid;
- (iii) the development shall not be begun before the occurrence of one of the following—
- (aa) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
- (bb) where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval; or
- (cc) the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;
- (iv)
- (aa) where the local planning authority give the applicant notice that such prior approval is required the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant;
- (bb) where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to in sub-paragraph (aa) has elapsed, he shall be treated as having complied with the requirements of that sub-paragraph if he has taken reasonable steps for protection of the notice and, if need be, its replacement;
- (v) the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—
- (aa) where prior approval is required, in accordance with the details approved;
- (bb) where prior approval is not required, in accordance with the details submitted with the application; and
- (vi) the development shall be carried out—
- (aa) where approval has been given by the local planning authority, within a period of five years from the date on which approval was given;
- (bb) in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (d)(ii).
- (3) The conditions in paragraph (2) do not apply to the extension or alteration of a building if the building is not on article 1(6) land except in the case of a significant extension or a significant alteration.
- (4) Development consisting of the significant extension or the significant alteration of a building may only be carried out once by virtue of Class A(a).
- (5) Where development consists of works for the erection, significant extension or significant alteration of a building and
- (a) the use of the building or extension for the purposes of agriculture within the unit permanently ceases within ten years from the date on which the development was substantially completed; and
- (b) planning permission has not been granted on an application, or has not been deemed to be granted under Part III of the Act, for development for purposes other than agriculture, within three years from the date on which the use of the building or extension for the purposes of agriculture within the unit permanently ceased,
then, unless the local planning authority have otherwise agreed in writing, the building or, in the case of development consisting of an extension, the extension, shall be removed from the land and 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 local planning authority and the developer.
- (6) Where an appeal has been made, under the Act, in relation to an application for development described in paragraph 5(b), within the period described in that paragraph, that period shall be extended until the appeal is finally determined or withdrawn.
- (7) Where development is permitted by Class A(a), the developer shall notify the local planning authority, in writing and within 7 days, of the date on which the development was substantially completed.
B
Development is not permitted by Class B(e) if the area to be covered by the development would exceed 465 square metres calculated as described in paragraph D.2 below.
B
Development permitted by Class B and carried out within 400 metres of the curtilage of a protected building is subject to the condition that any building which is extended or altered, or any works resulting from the development, shall not be used for the accommodation of livestock except in the circumstances described in paragraph D.3 below or for the storage of slurry or sewage sludge , for housing a biomass boiler or an anaerobic digestion system, for storage of fuel or waste from that boiler or system, or for housing a hydro-turbine.
B
Development consisting of the extension or alteration of a building situated on article 1(6) land or the provision, rearrangement or replacement of a private way on such land is permitted subject to—
- (a) the condition that the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building as extended or altered or the siting and means of construction of the private way; and
- (b) the conditions set out in paragraphs A.2(2)(ii) to (vi) above.
B
Development is permitted by Class B(f) subject to the following conditions—
- (a) that waste materials are not brought on to the land from elsewhere for deposit unless they are for use in works described in Class B(a), (d) or (e) and are incorporated forthwith into the building or works in question; and
- (b) that the height of the surface of the land will not be materially increased by the deposit.
D
For the purposes of paragraph A.2(2)(c), the relevant area is the area of the proposed excavation or the area on which it is proposed to deposit waste together with the aggregate of the areas of all other excavations within the unit which have not been filled and of all other parts of the unit on or under which waste has been deposited and has not been removed.
D
In paragraph A.2(2)(iv), “site notice" means a notice containing—
- (a) the name of the applicant,
- (b) the address or location of the proposed development,
- (c) a description of the proposed development and of the materials to be used,
- (d) a statement that the prior approval of the authority will be required to the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be,
- (e) the name and address of the local planning authority, and which is signed and dated by or on behalf of the applicant.
D
For the purposes of Class B—
- (a) the erection of any additional building within the curtilage of another building is to be treated as the extension of that building and the additional building is not to be treated as an original building;
- (b) where two 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 in connection with the extension or alteration of either of them.
D
In Class C, “the purposes of agriculture" includes fertilising land used for the purposes of agriculture and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used.
A
Subject to paragraph (3), development consisting of the erection of a building or the extension or alteration of a building or the formation or alteration of a private way is permitted by Class A subject to the following conditions—
- (a) the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way;
- (b) the application shall be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site together with any fee required to be paid;
- (c) the development shall not be begun before the occurrence of one of the following—
- (i) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
- (ii) where the local planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;
- (iii) the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;
- (d)
- (i) where the local planning authority give the applicant notice that such prior approval is required the applicant shall display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant;
- (ii) where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to in sub-paragraph (i) has elapsed, he shall be treated as having complied with the requirements of that sub-paragraph if he has taken reasonable steps for protection of the notice and, if need be, its replacement;
- (e) the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—
- (i) where prior approval is required, in accordance with the details approved;
- (ii) where prior approval is not required, in accordance with the details submitted with the application;
- (f) the development shall be carried out—
- (i) where approval has been given by the local planning authority, within a period of five years from the date on which approval was given,
- (ii) in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (b).
- (2) In the case of development consisting of the significant extension or the significant alteration of the building such development may be carried out only once.
- (3) Paragraph (1) does not preclude the extension or alteration of a building if the building is not on article 1(6) land except in the case of a significant extension or a significant alteration.
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.
G
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 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.
G
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
For the purposes of Class G(b), “electrical plant" has the meaning assigned to that term by the said section 64(1) and “electronic communications line" means a wire or cable (including its casing or coating) which forms part of an electronic communications apparatus within the meaning assigned to that term by paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003 (the electronic communications code).
G
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 (meaning of “operational land") if such licence holders were statutory undertakers for the purpose of that section.
I
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.
J
Development is not permitted by Class J if—
- (a) 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, or
- (b) it would consist of or include 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 existing plant or machinery, whichever is the greater.
K
For the purposes of Part 17—
A
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.
| 1 | 2 | 3 |
|---|---|---|
| Title of Instrument | Reference | Extent of Revocation |
| The Town and Country Planning General Development Order 1988 | S.I. 1988/1813 | Paragraphs (3), (5), (6) and (7) of article 1 and articles 3, 4, 5 and 6 and Schedules 1 and 2 |
| The Town and Country Planning General Development (Amendment) Order 1989 | S.I. 1989/603 | Paragraphs (2) to (8) of article 2 |
| The Town and Country Planning General Development (Amendment) (No. 2) Order 1989 | S.I. 1989/1590 | Paragraphs (3) and (4) of article 2 |
| The Town and Country Planning General Development (Amendment) Order 1990 | S.I. 1990/457 | The whole Order to the extent not already revoked |
| The Town and Country Planning General Development (Amendment) (No. 2) Order 1990 | S.I. 1990/2032 | The whole Order |
| The Town and Country Planning General Development (Amendment) Order 1991 | S.I. 1991/1536 | The whole Order to the extent not already revoked |
| The Town and Country Planning General Development (Amendment) (No. 2) Order 1991 | S.I. 1991/2268 | The whole Order to the extent not already revoked |
| The Town and Country Planning General Development (Amendment) (No. 3) Order 1991 | S.I. 1991/2805 | Articles 8, 9 and 10 and the Schedule |
| The Town and Country Planning General Development (Amendment) Order 1992 | S.I. 1992/609 | The whole Order |
| The Town and Country Planning General Development (Amendment) (No. 2) Order 1992 | S.I. 1992/658 | Article 3 |
| The Town and Country Planning General Development (Amendment) (No. 3) Order 1992 | S.I. 1992/1280 | The whole Order |
| The Town and Country Planning General Development (Amendment) (No. 4) Order 1992 | S.I. 1992/1493 | Articles 8, 9 and 12(2) |
| The Town and Country Planning General Development (Amendment) (No. 5) Order 1992 | S.I. 1992/1563 | Paragraph 2 of the Schedule |
| The Town and Country Planning General Development (Amendment) (No. 6) Order 1992 | S.I. 1992/2450 | Articles 2, 3, 4 and 6 |
| The Town and Country Planning General Development (Amendment) Order 1994 | S.I. 1994/678 | Article 4 |
| The Town and Country Planning General Development (Amendment) (No. 2) Order 1994 | S.I. 1994/2595 | Articles 4, 5 and 6 and paragraph (3) of article 7 |
| The Town and Country Planning General Development (Amendment) Order 1995 | S.I. 1995/298 | The whole Order except article 3(1) |
Editorial notes
[^c17825241]: 1990 c. 8; section 74(1A) was inserted, and section 74(2) was amended, by section 19(1) of, and paragraph 17 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).
[^c17825251]: 1994 c. 21.
[^c17825261]: 1960 c. 62; a relevant amendment is section 13 of the Caravan Sites Act 1968 (c. 52).
[^c17825271]: S.I. 1989/2004, to which there are amendments not relevant to this Order.
[^c17825281]: 1949 c. 97; section 87 was amended by section 130 of, and paragraph 1(12) of Schedule 8 to, the Environmental Protection Act 1990 (c. 43).
[^c17825291]: 1980 c. 66.
[^c17825301]: 1976 c. 70.
[^c17825321]: 1962 c. 58.
[^c17825331]: S.I. 1982/1357.
[^c17825341]: 1981 c. 14; section 1 was amended by Schedule 8 to the Transport Act 1985 (c. 67).
[^c17825351]: 1988 c. 52.
[^c17825371]: 1981 c. 69.
[^c17825381]: 1989 c. 29.
[^c17825391]: 1980 c. 66; section 19 was amended by section 21(1) of the New Roads and Street Works Act 1991 (c. 22).
[^c17825401]: S.I. 1987/764, amended by S.I. 1991/1567, 1992/610, 1992/657, 1994/724, 1995/297.
[^c17825411]: S.I. 1994/2716.
[^c17825441]: 1991 c. 59. The definition of “drainage body" is to be found in section 72(1).
[^c17825511]: 1981 c. 69.
[^c17825521]: 1980 c. 66.
[^c17825531]: 1964 c. 40; section 14 was amended by paragaph 2, and sections 14 and 16 were amended by paragraphs 3, 4 and 14, of Schedule 6 to, and by Part II of Schedule 12 to, the Transport Act 1981 (c. 56); section 14 was amended by paragraph 1, and section 16 was amended by paragraph 2, of Schedule 3 to the Transport and Works Act 1992 (c. 42).
[^c17825541]: For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.
[^c17825551]: 1980 c. 65.
[^c17825561]: 1991 c. 59.
[^c17825571]: 1991 c. 57.
[^c17825581]: 1964 c. 40; section 14 was amended by paragaph 2, and sections 14 and 16 were amended by paragraphs 3, 4 and 14, of Schedule 6 to, and by Part II of Schedule 12 to, the Transport Act 1981 (c. 56); section 14 was amended by paragraph 1, and section 16 was amended by paragraph 2, of Schedule 3 to the Transport and Works Act 1992 (c. 42).
[^c17825591]: 1945 c. 18 (9 and 10 Geo. 6).
[^c17825601]: 1968 c. 73.
[^c17825611]: 1991 c. 57.
[^c17825621]: 1965 c. 36; section 4 was amended by paragraph 6 of Schedule 7, and Part I of Schedule 9, to the Gas Act 1986 (c. 44), and by paragraph 12 of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11).
[^c17825631]: For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.
[^c17825641]: 1989 c. 29.
[^c17825651]: For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.
[^c17825671]: Section 263 was amended by paragraph 23 of Schedule 6 to the Planning and Compensation Act 1991 (c. 34).
[^c17825681]: 1894 c. 60.
[^c17825691]: 1962 c. 46.
[^c17825701]: 1968 c. 73.
[^c17825711]: 1986 c. 31.
[^c17825721]: 1994 c. 21.
[^c17825731]: S.I. 1988/1813; Schedule 2 to the Town and Country Planning General Development Order 1988 is revoked by this Order.
[^c17825741]: 1994 c. 21.
[^c17825781]: 1936 c. 49.
[^c17825791]: 1989 c. 22.
[^c17825801]: 1991 c. 22.
[^c17825811]: 1991 c. 34.
[^c17825821]: Section 299A was inserted by section 12(3) of the Planning and Compensation Act 1991 (c. 34).
[^key-01384ca58f68b94618f788c71f88d492]: Words in art. 1(2) substituted (W.) (7.6.2006) by The Town and Country Planning (Miscellaneous Amendments and Modifications relating to Crown Land) (Wales) Order 2006 (S.I. 2006/1386), arts. 1(1), 3(2)(d)
[^key-01f84cb3fcd5d6261c8da592ff5fde9d]: Words in Sch. 2 Pt. 24 Class A para. A.1(m)(ii) inserted (W.) (21.12.2020) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 3) (Wales) Order 2020 (S.I. 2020/1318), arts. 1(2), 4(5)(e)
[^key-034c388bebae7b429283f6f3c90e265b]: Words in Sch. 2 Pt. 42 heading inserted (W.) (30.4.2021) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (Wales) Order 2021 (S.I. 2021/386), arts. 1(1), 4(1)
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