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

• (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

• (c) the making of other excavations,

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

• (c) the making of other excavations,

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);

• (c) the relevant period has not elapsed;

• (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

• (c) development ancillary to radio equipment housing.

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

• (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