Legalize / United Kingdom / Statutory-Instrument

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

Type Statutory-Instrument

Publication 1995-02-22

Last updated 2025-12-15

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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[^key-afb9345e976aa3c636d7394c3d3a6f49]: Art. 4(5) omitted (W.) (20.10.2022) by virtue of The Town and Country Planning (General Permitted Development etc.) (Amendment) (Wales) Order 2022 (S.I. 2022/997), arts. 1, 2(2)(d)

[^key-d24681b85f01696e1f8a9cce06a523aa]: Words in art. 4(6) substituted (W.) (20.10.2022) by The Town and Country Planning (General Permitted Development etc.) (Amendment) (Wales) Order 2022 (S.I. 2022/997), arts. 1, 2(2)(f)(i)

[^key-319cdf5e5c433d49da320ecaca1b2e59]: Words in art. 4(6) omitted (20.10.2022) by virtue of The Town and Country Planning (General Permitted Development etc.) (Amendment) (Wales) Order 2022 (S.I. 2022/997), arts. 1, 2(2)(f)(ii)

[^key-08f223f03c72d34593359a23eb0f38a6]: Art. 5 omitted (W.) (20.10.2022) by virtue of The Town and Country Planning (General Permitted Development etc.) (Amendment) (Wales) Order 2022 (S.I. 2022/997), arts. 1, 2(3)

[^key-d224ef3c0b3f542a89597319efa0e577]: Art. 6 omitted (W.) (20.10.2022) by virtue of The Town and Country Planning (General Permitted Development etc.) (Amendment) (Wales) Order 2022 (S.I. 2022/997), arts. 1, 2(3)

[^key-d2c396051788f40d8530b8539299d59a]: Order applied (W.) (28.3.2023) by The Town and Country Planning (North Wales Border Control Post) (EU Exit) Special Development Order 2023 (S.I. 2023/256), arts. 1(1), 3(2)

[^key-424cf78bd2298472d94702b1543ccd55]: Words in Sch. 1 Pt. 2 para. (c) substituted (W.) (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 17

[^key-c2ec2b036c56ea751d53ad88558fd4e8]: Words in art. 1(2) substituted (W.) (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 15(a)

[^key-99202b3e73743122a2cca8b43832eb7f]: Words in art. 1(2) substituted (W.) (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 15(b)

[^key-b205510ce3decb8b82230fe18ba2d8b9]: Words in art. 1(2) omitted (W.) (4.11.2024) by virtue of The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 15(c)

[^key-59dd8fc5625dcd5c576d015ee5e3503e]: Art. 7(2)(a)(iii) omitted (W.) (4.11.2024) by virtue of The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 16(a)

[^key-d981fb4815ef92dbed0f9f1608f13d5a]: Words in art. 7(2)(b) substituted (W.) (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 16(b)

[^key-c8308352abe9aba14d57f746bfdbae61]: Sch. 2 Pt. 17A para. A.2(1)(a)(iv) and word inserted (15.12.2025) by The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 2(2)

B.8

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

(a) Where development consists of works for the significant extension or significant alteration of a building and

(i) 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

(ii) 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 extension, in the case of development consisting of an 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.

(b) Where an appeal has been made, under the Act, in relation to an application for development described in paragraph B.8(a)(ii), within the period described in that paragraph, that period shall be extended until the appeal is finally determined or withdrawn.

(c) The developer shall notify the local planning authority in writing and within 7 days, of the date on which the development was substantially completed.

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

Class A Permitted Development

A

Development by or on behalf of a electronic communications code operator for the purpose of the operator’s electronic communications network in, on, over or under land controlled by that operator or in accordance with the electronic communications code, consisting of—

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

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

Development not permitted

A.1

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;

(ba) in the case of the alteration or replacement of an existing mast (other than on a building or other structure, on article 1(5) land or on any land which is, or is within, a site of special scientific interest)—

(i) the mast, excluding any antenna, would when altered or replaced—

(aa) exceed a height of 20 metres above ground level;

(bb) at any given height exceed the width of the existing mast at the same height by more than one third; or

(ii) where antenna support structures are altered or replaced, the combined width of the mast and any antenna support structures would exceed the combined width of the existing mast and any antenna support structures by more than one third;

(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; or

(iii) 6 metres in any other case;

(e) 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), (ba), (c) and (d), and for the purposes of applying the limit specified in sub-paragraph (c), the words “(taken by itself)” shall be omitted;

(f) 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;

(g) 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 4.5 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 or a maximum of two small cell antennas) would result in the presence on the building or structure of—

(aa) more than three antenna systems; or

(bb) any antenna system operated by more than three electronic communications code operators; or

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

(h) 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 10 metres, when measured in any dimension;

(ii) in the case of antennas other than dish antennas, the development (other than the installation, alteration or replacement of a maximum of two small antennas or two small cell antennas) would result in the presence on the building or structure of—

(aa) more than five antenna systems; or

(bb) any antenna system operated by more than three electronic communications code operators; or

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

(i) in the case of development ... on any article 1(5) land or 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 or is allowed by paragraphs (ia), (m), (n), or (p);

(ia) in the case of the installation of an additional antenna on existing electronic communications apparatus on a building or structure (including a mast) on article 1(5) land—

(i) in the case of dish antennas, the size of any additional dishes would exceed 0.6 metres, and the number of additional dishes on the building or structure would exceed three; or

(ii) in the case of antennas other than dish antennas, any additional antennas would exceed 3 metres in height, and the number of additional antennas on the building or structure would exceed three;

(j) 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.);

(k) 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;

(l) 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 electronic communications apparatus;

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

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

(m) in the case of the installation, alteration or replacement on a dwellinghouse or within the curtilage of a dwellinghouse of any electronic communications 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;

(n) 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;

(o) 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;

(p) in the case of the installation, alteration or replacement of a small cell antenna on a building or structure which is not a dwellinghouse or within the curtilage of a dwellinghouse—

(i) the building or structure is on any land which is, or is within, a site of special scientific interest; or

(ii) the development would result in the presence on the building or structure of more than two such antennas.

Conditions

A.2

(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 electronic communications 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), class A development—

(a) on article 1(5) land or land which is, or is within, a site of special scientific interest, or

(b) on any other land and consisting of the construction, installation, alteration or replacement of—

(i) a mast;

(ii) an antenna on a building or structure (other than a mast) where the antenna (including any supporting structure) would exceed the height of the building or structure at the point where it is installed or to be installed by 6 metres or more;

(iii) a public call box;

(iv) radio equipment housing, where the volume of any single development is in excess of 2.5 cubic metres,

is permitted subject, except in case of emergency, to the conditions set out in A.3.

(4A) The conditions set out in paragraph A.3 (prior approval) do not apply in relation to Class A development on any article 1(5) land which consists of the construction, installation, alteration or replacement of a telegraph pole, cabinet or line, in connection with the provision of fixed-line broadband, provided that the development is completed on or before 30th May 2018.

A.3

(1) The developer shall give notice of the proposed development to any person (other than the developer) who is an owner of the land to which the development relates, or a tenant, before making the application required by paragraph (3)—

(a) by serving a developer’s notice on every such person whose name and address is known to him; and

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

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

(3) 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.

(4) The application shall be accompanied—

(a) by a written description of the proposed development and a plan indicating its proposed location together with any fee required to be paid;

(aa) by the developer’s contact address, and the developer’s email address if the developer has one;

(b) where paragraph (1) applies, by evidence that the requirements of paragraph (1) have been satisfied; and

(c) where paragraph (2) applies, by evidence that the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as the case may be, has been notified of the proposal.

(5) Subject to paragraphs (7)(c) and (d), upon receipt of the application under paragraph (4) the local planning authority shall—

(a) for development which, in their opinion, falls within a category set out in the table of article 10 of the Procedure Order, consult the authority or person mentioned in relation to that category, except where—

(i) the local planning authority are the authority so mentioned; or

(ii) the authority or person so mentioned has advised the local planning authority that they do not wish to be consulted,

and shall give the consultees at least 14 days within which to comment;

(b) in the case of development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated or which would affect a right of way to which Part III of the Wildlife and Countryside Act 1981 (public rights of way) applies, shall give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order—

(aa) by site display in at least one place on or near the land to which the application relates for not less than 21 days, and

(ii)

(bb) by local advertisement;

(c) in the case of development which does not fall within paragraph (b) but which involves development carried out on a site having an area of 1 hectare or more, shall give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order—

(aa) by site display in at least one place on or near the land to which the application relates for not less than 21 days, or

(bb) by serving notice on any adjoining owner or occupier, and

(ii) by local advertisement;

(d) in the case of development which does not fall within (b) or (c), shall give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order—

(i) by site display in at least one place on or near the land to which the application relates for not less than 21 days, or

(ii) by serving the notice on any adjoining owner or occupier.

(6) The local planning authority shall take into account any representations made to them as a result of consultations or notices given under A.3, when determining the application made under paragraph (3).

(7) The development shall not be begun before the occurrence of one of the following—

(a) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(b) 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 56 days beginning with the date on which they received his application;

(c) where the local planning authority gives the applicant written notice that such prior approval is required, the expiry of a period of 56 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

(d) the expiry of a period of 56 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 determinaton as to whether such prior approval is required.

(8) The development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out—

(a) where prior approval has been given as mentioned in paragraph (7)(b) in accordance with the details approved;

(b) in any other case, in accordance with the details submitted with the application.

(8A) The agreement in writing referred to in paragraph (8) requires no special form of writing, and in particular there is no requirement on the developer to submit a new application for prior approval in the case of minor amendments to the details submitted with the application for prior approval.

(9) The development shall be begun—

(a) where prior approval has been given as mentioned in paragraph (7)(b), not later than the expiration of five years beginning with the date on which the approval was given;

(b) 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 paragraph (4).

(10) 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.4

For the purposes of Class A—

“aerodrome operator” means the person for the time being having the management of an aerodrome or, in relation to a particular aerodrome, the management of that aerodrome;

“antenna system” means a set of antennas installed on a building or structure and operated in accordance with the electronic communications code;

“fixed-line broadband” means a service or connection (commonly referred to as being ‘always on’), via a fixed-line network, providing a bandwidth greater than narrowband;

“development ancillary to radio equipment housing” means the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of the radio equipment housing , and except on any land which is, or is within, a site of special scientific interest includes—security equipment;perimeter walls and fences; andhandrails, steps and ramps;

“developer’s notice” means a notice signed and dated by or on behalf of the developer and containing—the name of the developer;the address or location of the proposed development;a description of the proposed development (including its siting and appearance and the height of any mast);a statement that the developer will 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;the name and address of the local planning authority to whom the application will be made;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;the date by which any such representations should be received by the local planning authority, being a date not less than 14 days from the date of the notice; andthe address to which such representations should be made.

“electronic communications apparatus”, “electronic communications code” and “electronic communications service” have the same meaning as in the Communications Act 2003;

“existing electronic communications apparatus” means electronic communications apparatus which is already sending or receiving electronic communications;

“existing mast” means a mast with attached electronic communications apparatus which existed and was sending or receiving electronic communications at 3rd May 2013;

“land controlled by the 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;

“local advertisement” means by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated;

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

“narrowband” means a service or connection providing data speeds up to 128 k bit/s;

“owner” means any person who is the estate owner in respect of the fee simple, or who is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired;

“Procedure Order” means the Town and Country Planning (General Development Procedure) Order 1995;

“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 display” means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;

“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 (ii) and (iii) shall exclude any feed element, reinforcing rim mountings and brackets;

“small cell antenna” means an antenna which—operates on a point to multi-point or area basis in connection with an electronic communications service;may be variously referred to as a femtocell, picocell, metrocell or microcell antenna;does not, in any two dimensional measurement, have a surface area exceeding 5,000 square centimetres; anddoes not have a volume exceeding 50,000 cubic centimetres,and any calculation for the purposes of (iii) and (iv) shall include any power supply unit or casing, but shall exclude any mounting, fixing, bracket or other support structure;

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

PART 24 — DEVELOPMENT BY ELECTRONIC COMMUNICATIONS CODE OPERATORS (WALES)

Class A Permitted Development

A

Development by or on behalf of an electronic communications code operator for the purpose of the operator’s electronic communications network in, on, over or under land controlled by that operator or in accordance with the electronic communications code, consisting of—

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

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

Development not permitted

A.1

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

(a) in the case of the installation of ground-based apparatus (other than a mast), 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 ground-based apparatus (other than a mast), the apparatus excluding any antenna, would when altered or replaced exceed—

(i) the height of the existing apparatus, or

(ii) a height of 15 metres above ground level,

whichever is the greater;

(i) 20 metres above ground level where the mast is on protected land; or

(ii) 25 metres above ground level where the mast is on unprotected land;

(d) in the case of the alteration or replacement of a ground-based mast on protected land, the mast, excluding any antenna, would when altered or replaced exceed—

(i) the height of the existing mast, or

(ii) a height of 20 metres above ground level,

whichever is the greater;

(e) in the case of the alteration or replacement of a ground-based mast on unprotected land, the mast, excluding any antenna, would when altered or replaced exceed—

(i) the height of the existing mast, or

(ii) a height of 25 metres above ground level,

whichever is the greater;

(f) in the case of the alteration or replacement of a ground-based mast—

(i) where the mast is on article 1(5) land or on unprotected land, the mast would when altered or replaced exceed its original width at any given height by more than one metre or one third whichever is the greater;

(ii) where the mast is on land which is or is within a site of special scientific interest, the mast would when altered or replaced exceed its original width at any given height;

(g) in the case of the installation, alteration or replacement of apparatus on a building or other structure—

(i) the height of the apparatus (taken by itself) would exceed—

(aa) 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

(bb) 10 metres in any other case;

(ii) 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—

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

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

(cc) 6 metres in any other case;

(h) 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 sub-paragraphs (c) to (g) and for the purposes of applying the limit specified in sub-paragraph (g)(i), the words “(taken by itself)” are to be omitted;

(i) 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;

(j) 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) in the case of antennas other than Regulation 2020/1070 small cell systems or small cell systems, 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 4.5 metres, when measured in any dimension;

(iii) in the case of antennas other than dish antennas, Regulation 2020/1070 small cell systems or small cell systems, the development would result in the presence on the building or structure of—

(aa) more than four antenna systems; or

(bb) any antenna system operated by more than four electronic communications code operators; or

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

(k) 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 10 metres, when measured in any dimension;

(ii) in the case of antennas other than dish antennas, Regulation 2020/1070 small cell systems or small cell systems, the development would result in the presence on the building or structure of—

(aa) more than five antenna systems; or

(bb) any antenna system operated by more than four electronic communications code operators; or

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

(l) in the case of development on any protected land it would consist of—

(i) the installation or alteration of an antenna other than a Regulation 2020/1070 small cell system or a small cell system, or of any apparatus which includes or is intended for the support of such an antenna; or

(ii) the replacement of an antenna or such apparatus by an antenna other than a Regulation 2020/1070 small cell system or a small cell system, or apparatus which differs from that which is being replaced,

unless the development is carried out in an emergency or is development described in the introductory words to sub-paragraph (m) and which is allowed by the paragraphs which follow those introductory words;

(m) in the case of the installation of an additional antenna on existing electronic communications apparatus on a building or structure (including a mast) on any protected land—

(i) in the case of dish antennas, the size of any additional dishes would exceed 0.6 metres, and the number of additional dishes on the building or structure would exceed three; or

(ii) in the case of antennas other than dish antennas, Regulation 2020/1070 small cell systems or small cell systems, any additional antennas would exceed three metres in height, and the number of additional antennas on the building or structure would exceed three;

(n) 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.);

(o) 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;

(p) 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 electronic communications apparatus;

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

(iii) on any protected land, any single development would exceed 2.5 cubic metres, unless the development is carried out in an emergency;

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

(i) is not a Regulation 2020/1070 small cell system or a small cell system;

(ii) being a Regulation 2020/1070 small cell system or a small cell system, is or would be on any protected land or within a World Heritage Site, unless the development is carried out in an emergency or is development which is allowed by sub-paragraph (r);

(iii) being a small cell system, would result in the presence on that dwellinghouse or within the curtilage of that dwellinghouse of more than two small cell systems; or

(iv) being a small cell system, 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;

(r) in the case of the installation, alteration or replacement on protected land or within a World Heritage Site of a Regulation 2020/1070 small cell system or a small cell system on a dwellinghouse or within the curtilage of a dwellinghouse, the antenna—

(i) is to be located—

(aa) on a chimney;

(bb) on a building which exceeds 15 metres in height;

(cc) on a wall or roof slope which fronts a highway; or

(dd) on a roof, other than a roof slope which fronts a highway, so that the highest part of the antenna would exceed in height the highest part of that roof;

(ii) is or would be on protected land (other than a conservation area) and would result in the presence on that dwellinghouse or within the curtilage of that dwellinghouse of more than either—

(aa) two Regulation 2020/1070 small cell systems;

(bb) two small cell systems; or

(cc) one Regulation 2020/1070 small cell system and one small cell system; or

(iii) is or would be in a conservation area or within a World Heritage site and would result in the presence on that dwellinghouse or within the curtilage of that dwellinghouse of more than one Regulation 2020/1070 small cell system or one small cell system;

(s) in the case of the installation, alteration or replacement of a Regulation 2020/1070 small cell system or a small cell system on a building or other structure, which is not a dwellinghouse or within the curtilage of a dwellinghouse, in a conservation area or World Heritage Site—

(i) unless the development is carried out in an emergency;

(ii) the installation of a Regulation 2020/1070 small cell system or a small cell system would result in the presence on the building or other structure of more than either—

(aa) two Regulation 2020/1070 small cell systems;

(bb) two small cell systems; or

(cc) one Regulation 2020/1070 small cell system and one small cell system; or

(iii) the replacement or alteration of a Regulation 2020/1070 small cell system or a small cell system would result in the presence on the building or other structure of more than either—

(aa) two Regulation 2020/1070 small cell systems;

(bb) two small cell systems;

(cc) one Regulation 2020/1070 small cell system and one small cell system; or

(dd) if greater, the number of Regulation 2020 small cell systems or small cell systems on the building or other structure before alteration or replacement of the antenna.

Conditions

A.2

(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 installed, altered or replaced on a building in accordance with that permission must, 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 must 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 protected land, 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 any electronic communications purposes,

and such land, building or structure must 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 must be removed from the land at the expiry of the relevant period and the land restored to its condition before the development took place.

(4) Except in relation to development described in paragraph (5) and subject to paragraph (7), class A development on—

(a) protected land, or

(b) unprotected land consisting of the installation, alteration or replacement of—

(i) a mast;

(ii) an antenna on a building or structure (other than a mast) where the antenna (including any supporting structure) would exceed the height of the building or structure at the point where it is installed or to be installed by six metres or more;

(iii) a public call box;

(iv) radio equipment housing, where the volume of any single development is in excess of 2.5 cubic metres,

is permitted subject, except in case of emergency, to the conditions set out in A.3.

(5) Class A development on any article 1(5) land, which consists of the installation, alteration or replacement of a telegraph pole, cabinet or line, in connection with the provision of fixed-line broadband, is permitted, subject to the conditions set out in paragraph (6).

(6) The conditions are—

(a) the developer must give one month’s notice, in writing, to the relevant local planning authority and to the Natural Resources Body for Wales where the development, or any part of it, is in—

(i) a National Park, or

(ii) an area of outstanding natural beauty;

(b) the notice to be given under paragraph (a) must state the developer’s intention to install electronic communications apparatus, describe the apparatus and identify the location where it is proposed to install it;

(i) green;

(ii) black (except matt black); or

(iii) a colour which has the written approval of the local planning authority prior to the commencement of the development;

(d) any telegraph pole must have the same appearance and be made of the same material as the nearest existing telegraph pole to it which has planning permission, unless an alternative appearance or material has been approved in writing by the local planning authority prior to the commencement of the development.

(7) Paragraph (4) does not apply to development consisting of the alteration or replacement of a mast—

(a) on any protected land which excluding any antenna would not, when altered or replaced, exceed the greater of the height of the existing mast and 15 metres above ground level;

(b) on unprotected land which excluding any antenna would not, when altered or replaced, exceed the greater of the height of the existing mast and 20 metres above ground level.

A.3

(1) The developer must give notice of the proposed development to any person (other than the developer) who is an owner of the land to which the development relates, or a tenant, before making the application required by paragraph (3)—

(a) by serving a developer’s notice on every such person whose name and address is known to the developer; and

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

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

(3) Before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development.

(4) The application must be accompanied by–

(a) a written description of the proposed development and a plan indicating its proposed location together with any fee required to be paid;

(b) the developer’s contact address, and the developer’s email address if the developer has one; and

(c) if the development involves the installation of one or more antennas, unless they are all Regulation 2020/1070 small cell systems or small cell systems, a written declaration that the equipment and installation to which the application relates is so designed that it will, when installed, operate, having regard to its location and the manner in which it has been installed, in full compliance with the requirements of the radio frequency public exposure guidelines of the International Commission on Non-ionising Radiation Protection ...; and

(d) where paragraph (1) applies, by evidence that the requirements of paragraph (1) have been satisfied; and

(e) where paragraph (2) applies, by evidence that the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as the case may be, has been notified of the proposal.

(5) Subject to paragraphs (7)(c) and (d), upon receipt of the application under paragraph (4) the local planning authority must—

(a) for development which, in their opinion, falls within a category set out in the table of schedule 4 to the Procedure Order, consult the authority or person mentioned in relation to that category, except where–

(i) the local planning authority are the authority so mentioned; or

(ii) the authority or person so mentioned has advised the local planning authority that they do not wish to be consulted,

and give the consultees at least 14 days within which to comment;

(b) in the case of development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated or which would affect a right of way to which Part 3 of the Wildlife and Countryside Act 1981 (public rights of way) applies, give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order—

(i) by site display in at least one place on or near the land to which the application relates for not less than 21 days and

(ii) by local advertisement;

(c) in the case of development which does not fall within paragraph (b) but which involves development carried out on a site having an area of one hectare or more, give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order—

(i) by site display in least one place on or near the land to which the application relates for not less than 21 days, or

(ii) by serving notice on any adjoining owner or occupier, and

(iii) by local advertisement;

(d) in the case of development which does not fall within (b) or (c), give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order—

(i) by site display in at least one place on or near the land to which the application relates for not less than 21 days, or

(ii) by serving the notice on any adjoining owner or occupier.

(6) The local planning authority must take into account any representations made to them as a result of consultations or notices given under A.3(5), when determining the application made under paragraph (3).

(7) The development must not be begun before the occurrence of one of the following—

(a) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(b) 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 56 days beginning with the date on which they received the application;

(c) where the local planning authority gives the applicant written notice that such prior approval is required, the expiry of a period of 56 days beginning with the date on which the authority received the application without the authority notifying the applicant, in writing, that such approval is given or refused;

(d) the expiry of a period of 56 days beginning with the date on which the local planning authority received the application without the authority notifying the applicant, in writing, of their determination as to whether such prior approval is required.

(8) The development must, except to the extent that the local planning authority otherwise agree in writing, be carried out–

(a) where prior approval has been given as mentioned in paragraph (7)(b) in accordance with the details approved;

(b) in any other case, in accordance with the details submitted with the application.

(9) The agreement in writing referred to in paragraph (8) requires no special form of writing, and in particular there is no requirement on the developer to submit a new application for prior approval in the case of minor amendments to the details submitted with the application for prior approval.

(10) The development must be begun—

(a) where prior approval has been given as mentioned in paragraph (7)(b), not later than the expiration of five years beginning with the date on which the approval was given;

(b) 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 paragraph (4).

(11) In a case of emergency, development is permitted by Class A subject to the condition that the operator must give written notice to the local planning authority of such development as soon as possible after the emergency begins.

Interpretation of Class A

A.4

(1) For the purposes of Class A—

“aerodrome operator” means the person for the time being having the management of an aerodrome or, in relation to a particular aerodrome, the management of that aerodrome;

“antenna system” means a set of antennas installed on a building or structure and operated in accordance with the electronic communications code;

“Commission Regulation 2020/1070” means Commission Implementing Regulation (EU) 2020/1070 on specifying the characteristics of small-area wireless access points pursuant to Article 57 paragraph 2 of the Directive;

“development ancillary to radio equipment housing” means the installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of the radio equipment housing, and except on any land which is, or is within, a site of special scientific interest includes—security equipment;perimeter walls and fences; andhandrails, steps and ramps;

“developer’s notice” means a notice signed and dated by or on behalf of the developer and containing—the name of the developer;the address or location of the proposed development;a description of the proposed development (including its siting and appearance and the height of any mast);a statement that the developer will 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;the name and address of the local planning authority to whom the application will be made;a statement that the application must 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;the date by which any such representations should be received by the local planning authority, being a date not less than 14 days from the date of the notice; andthe address to which such representations should be made.

“the Directive” means Directive (EU) 2018/1972 of the European Parliament and Council establishing the European Electronic Communications Code (recast);

“electronic communications apparatus”, “electronic communications code”, “electronic communications network” and “electronic communications service” have the same meaning as in the Communications Act 2003;

“existing electronic communications apparatus” means electronic communications apparatus which is already sending or receiving electronic communications;”

“fixed-line broadband” means a service or connection (commonly referred to as being ‘always on’), via a fixed-line network, providing a bandwidth greater than narrowband;

“land controlled by the 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;

“local advertisement” means by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated;

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

“narrowband” means a service or connection providing data speeds up to 128 k bit/s;

“owner” means any person who is the estate owner in respect of the fee simple, or who is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired;

“Procedure Order” means the Town and Country Planning (Development Management Procedure) (Wales) Order 2012;

“protected land” means any land which is article 1(5) land or land which is, or is within, a site of special scientific interest;

Regulation 2020/1070 small cell system” means a small cell system—to which Commission Regulation 2020/1070 applies;which complies with the requirements of the European Standard laid down at point B of the Annex to Commission Regulation 2020/1070; andmeets the conditions set out in Point A of the Annex to Commission Regulation 2020/1070;

“relevant period” means a period which expires–six months from the commencement of the installation, alteration or replacement of any apparatus or structure permitted by Class A(a) or Class A(c);eighteen months from the commencement of the use permitted by Class A(b);orwhen the need for such apparatus, structure or use ceases,whichever occurs first;

“small cell system” means an antenna which may be referred to as a femtocell, picocell, metrocell or microcell antenna, together with any ancillary apparatus, which—operates on a point to multi point or area basis in connection with an electronic communications service;does not, in any two dimensional measurement, have a surface area exceeding 5000 square centimetres; anddoes not have a volume exceeding 50,000 cubic centimetres;but does not include a Regulation 2020/1070 small cell system and any calculation for the purposes of paragraph (b) or (c) includes any power supply unit or casing, but excludes any mounting, fixing, bracket or other support structure;.

“tenant” means the tenant of an agricultural holding any part of which is comprised in the land to which the application relates;

“unprotected land” means any land which is not protected land.

(2) For the purposes of this Part—

(a) the height of a mast is calculated by—

(i) adding together the height, measured at its highest point, of the mast or apparatus of—

(aa) the mast;

(bb) any apparatus attached to the mast; and

(cc) any plinth or other structure required for the purpose of supporting the mast; and

(ii) deducting from that sum the height, also measured at its highest point, of any antenna attached to the mast to the extent that it protrudes above the highest point of the mast;

(b) the width of a ground-based mast is to be calculated by adding together the width of—

(i) the mast; and

(ii) any apparatus attached to the mast (other than an antenna).

(3) Any reference in this Order to Commission Regulation 2020/1070 is a reference to that Regulation as amended from time to time.

Class AA

Permitted development

AA

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

H.3

The relevant size criteria for the purpose of paragraph H.1(a)(iii) are that:

(a) only one of the antennas may exceed 60 centimetres in length; and

(b) any antenna which exceeds 60 centimetres in length must not exceed 100 centimetres in length.

H.4

The length of an antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mounting or brackets.

A.3

For the purposes of Class A—

(a) the length of an antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mountings or brackets;

(b) the maximum number of antenna for the purpose of paragraph A1.(d) includes any small cell system permitted under Class A of Part 24 , but excludes Regulation 2010/1070 small cell systems to the extent that they are permitted by paragraph A.1(q) of Part 24.

B.3

B.3 The relevant size criteria for the purposes of paragraph B.1(d) are that—

(a) only one of the antennas may exceed 60 centimetres in length; and

(b) any antenna which exceeds 60 centimetres in length must not exceed 100 centimetres in length.

B.4

The length of an antenna is to be measured in any linear direction and shall exclude any projecting feed element, reinforcing rim, mounting or brackets.

H.5

The maximum number of antenna for the purpose of paragraph H.1(a) includes any small antenna permitted under Class A of Part 24.

B.5

The maximum number of antenna for the purpose of paragraph B.1(d) includes any small cell system permitted under Class A of Part 24 , but excludes Regulation 2010/1070 small cell systems to the extent that they are permitted by paragraph A.1(q) of Part 24.

Class H

Permitted Development

H

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

Class B

Permitted development

B

The carrying out by the Secretary of State or a strategic highways company of works in exercise of the functions of the Secretary of State or the company under the Highways Act 1980, or works in connection with, or incidental to, the exercise of those functions.

PART 34 — DEVELOPMENT BY THE CROWN

Class A

Permitted development

A

The erection or construction and the maintenance, improvement or other alteration by or on behalf of the Crown of—

(a) any small ancillary building, works or equipment on Crown land required for operational purposes;

(b) lamp standards, information kiosks, passenger shelters, shelters and seats, telephone boxes, fire alarms, drinking fountains, refuse bins or baskets, barriers for the control of people and vehicles, and similar structures or works required in connection with the operational purposes of the Crown.

Interpretation of Class A

A.1

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

Class B

Permitted development

B

The extension or alteration by or on behalf of the Crown of an operational Crown building.

Development not permitted

B.1

Development is not permitted by Class B if—

(a) the building as extended or altered is to be used for purposes other than those of—

(i) the Crown; or

(ii) the provision of employee facilities;

(b) the height of the building as extended or altered would exceed the height of the original building;

(i) 10%, in respect of development on any article 1(5) land; or

(ii) 25%, in any other case;

(d) the floor space of the original building would be exceeded by more than—

(i) 500 square metres in respect of development on any article 1(5) land; or

(ii) 1,000 square metres in any other case;

(e) the external appearance of the original building would be materially affected;

(f) any part of the building as extended or altered would be within 5 metres of any boundary of the curtilage of the original building; or

(g) the development would lead to a reduction in the space available for the parking or turning of vehicles.

Interpretation of Class B

B.2

For the purposes of Class B—

(a) the erection of any additional building within the curtilage of another building (whether by virtue of Class B or otherwise) and used in connection with it 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 operational purposes, they are to be treated as a single original building in making any measurement;

(c) “employee facilities”means social, care or recreational facilities provided for employees or servants of the Crown, including crèche facilities provided for the children of such employees or servants.

Class C

Permitted development

C

Development carried out by or on behalf of the Crown on operational Crown land for operational purposes consisting of—

(a) the installation of additional or replacement plant or machinery;

(b) the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus; or

Development not permitted

C.1

Development described in Class C(a) is not permitted if—

(a) it would materially affect the external appearance of the premises; or

(b) any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.

Interpretation of Class C

C.2

In Class C, “Crown land”does not include land in or adjacent to and occupied together with a mine.

Class D

Permitted development

D

The provision by or on behalf of the Crown of a hard surface within the curtilage of an operational Crown building.

PART 35 — AVIATION DEVELOPMENT BY THE CROWN

Class A

Permitted development

A

The carrying out on operational Crown land, by or on behalf of the Crown, of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at an airbase.

Development not permitted

A.1

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

(a) the construction or extension of a runway;

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

(c) the extension or alteration of a passenger terminal, where the floor space of the building as existing at 7th June 2006 or, if built after that date, of the building as built, would be exceeded by more than 15%;

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

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

Condition

A.2

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

Interpretation of Class A

A.3

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

A.4

Development falls within this paragraph if—

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

A.5

For the purposes of Class A, “operational building”means an operational Crown building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, military or civilian personnel, goods, military equipment, munitions and other items.

Class B

Permitted development

B

The carrying out on operational land within the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

Class C

Permitted development

C

The carrying out on operational land outside but within 8 kilometres of the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

Development not permitted

C.1

Development is not permitted by Class C if—

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

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

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

Class D

Permitted development

D

The carrying out on operational land, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

Development not permitted

D.1

Development is not permitted by Class D if—

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

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

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

Class E

Permitted development

E

The use of land by or on behalf of the Crown in an emergency to station moveable apparatus replacing unserviceable apparatus in connection with the provision of air traffic services.

Condition

E.1

Development is permitted by Class E subject to the condition that on or before the expiry of a period of six months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

Class F

Permitted development

F

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

Condition

F.1

Development is permitted by Class F subject to the condition that, on or before the expiry of the period of six months beginning with the date on which the use began, the use shall cease, any structure shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

Class G

Permitted development

G

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

Condition

G.1

Development is permitted by Class G subject to the condition that on or before the expiry of the period of six months beginning with the date on which the use began, the use will cease, any apparatus will be removed, and the land must be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

Class H

Permitted development

H

The use of buildings by or on behalf of the Crown within the perimeter of an airbase for purposes connected with air transport services or other flying activities at that airbase.

Interpretation of Part 35

I

For the purposes of Part 35—

“airbase” means the aggregate of the land, buildings and works comprised in a Government aerodrome within the meaning of article 155 of the Air Navigation Order 2005; and

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

PART 36 — CROWN RAILWAYS, DOCKYARDSETC.AND LIGHTHOUSES

Class A

Permitted development

A

Development by or on behalf of the Crown on operational Crown land, required in connection with the movement of traffic by rail.

Development not permitted

A.1

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

(a) the construction of a railway;

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

(c) the construction or erection otherwise than wholly within a railway station of an office, residential or educational building, car park, shop, restaurant, garage, petrol filling station or a building used for an industrial process.

Interpretation of Class A

A.2

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

Class B

Permitted development

B

Development by or on behalf of the Crown or its lessees on operational Crown land where the development is required—

(a) for the purposes of shipping; or

(b) at a dock, pier, pontoon or harbour in connection with the embarking, disembarking, loading, discharging or transport of military or civilian personnel, military equipment, munitions, or other items.

Development not permitted

B.1

Development is not permitted by Class B if it consists of or includes the construction or erection of a bridge or other building not required in connection with the handling of traffic.

Interpretation of Class B

B.2

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

Class C

Permitted development

C

The use of any land by or on behalf of the Crown for the spreading of any dredged material resulting from a dock, pier, harbour, water transport, canal or inland navigation undertaking.

Class D

Permitted development

D

Development by or on behalf of the Crown on operational Crown land, or for operational purposes, consisting of—

(a) the use of the land as a lighthouse, with all requisite works, roads and appurtenances;

(b) the extension of, alteration, or removal of a lighthouse; or

Development not permitted

D.1

Development is not permitted by Class D 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.

Interpretation of Class D

D.2

For the purposes of Class D—

“buoys and beacons” includes all other marks and signs of the sea; and

“lighthouse” includes any floating and other light exhibited for the guidance of ships, and also any sirens and any other description of fog signals.

PART 37 — EMERGENCY DEVELOPMENT BY THE CROWN

Class A

Permitted development

A

Development by or on behalf of the Crown on Crown land for the purposes of—

(a) preventing an emergency;

(b) reducing, controlling or mitigating the effects of an emergency; or

Conditions

A.1

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

(a) the developer shall, as soon as practicable after commencing development, notify the local planning authority of that development; and

(b) on or before the expiry of the period of six months beginning with the date on which the development began—

(i) any use of that land for a purpose of Class A must cease and any buildings, plant, machinery, structures and erections permitted by Class A must be removed; and

(iii) the land must be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

Interpretation of Class A

A2

(1) For the purposes of Class A, “emergency”means an event or situation which threatens serious damage to—

(a) human welfare in a place in the United Kingdom;

(b) the environment of a place in the United Kingdom; or

(2) For the purposes of paragraph (1)(a) an event or situation threatens damage to human welfare only if it involves, causes or may cause—

(a) loss of human life;

(b) human illness or injury;

(d) damage to property;

(e) disruption of a supply of money, food, water, energy or fuel;

(f) disruption of a system of communication;

(g) disruption of facilities for transport; or

(h) disruption of services relating to health.

(3) For the purposes of paragraph (1)(b) an event or situation threatens damage to the environment only if it involves, causes or may cause—

(a) contamination of land, water or air with biological, chemical or radio-active matter; or

(b) disruption or destruction of plant life or animal life.

PART 38 — DEVELOPMENT FOR NATIONAL SECURITY PURPOSES

Class A

Permitted development

A

The erection, construction, maintenance, improvement or alteration of a gate, fence, wall of other means of enclosure by or on behalf of the Crown on Crown land for national security purposes.

Development not permitted

A.1

Development is not permitted by Class A if the height of any gate, fence, wall or other means of enclosure erected or constructed would exceed 4.5 metres above ground level.

Class B

Permitted development

B

The installation, alteration or replacement by or on behalf of the Crown on Crown land of a closed circuit television camera and associated lighting for national security purposes.

Development not permitted

B.1

Development is not permitted by Class B if—

(a) the dimensions of the camera including its housing exceed 75 centimetres by 25 centimetres by 25 centimetres;

(b) the uniform level of lighting provided exceeds 10 lux measured at ground level.

Conditions

B.2

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

(a) the camera must, so far as practicable, be sited so as to minimise its effect on the external appearance of any building to which it is fixed;

(b) the camera must be removed as soon as reasonably practicable after it is no longer required for national security purposes.

Interpretation of Class B

B.3

For the purposes of Class B—

“camera” except in paragraph B1(a) 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 to which the camera is attached or, where the level of the surface of the ground is not uniform, the level of the lowest part of the surface of the ground adjacent to it.

Class C

Permitted development

C

Development by or on behalf of the Crown for national security purposes in, on, over or under Crown land, consisting of—

(a) the installation, alteration or replacement of any electronic communications apparatus;

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

Development not permitted

C.1

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

(a) in the case of the installation of apparatus (other than on a building) 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), 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, the height of the apparatus (taken by itself) would exceed the height of the existing apparatus or—

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

(ii) 10 metres in any other case,

whichever is the greater;

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

(i) 10 metres, where it is installed, or is to be installed, on a building which is 30 metres or more in height;

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

(iii) 6 metres in any other case.

whichever is the greater;

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

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

(i) a mast;

(ii) an antenna;

(iii) any apparatus which does not project above the level of the surface of the ground; or

(iv) radio equipment housing,

the ground or base area of the structure would exceed the ground or base area of the existing structure or 1.5 square metres, whichever is the greater;

(g) in the case of the installation, alteration or replacement of an antenna on a building (other than a mast) which is less than 15 metres in height; on a mast located on such a building; or, where the antenna is to be located below a height of 15 metres above ground level, on a building (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 on which the antenna is to be located, unless it is essential for operational purposes that the antenna is located in that position; or

(ii) in the case of dish antennas, the size of any dish would exceed the size of the existing dish when measured in any dimension or 1.3 metres when measured in any dimension, whichever is the greater;

(h) in the case of the installation, alteration or replacement of a dish antenna on a building (other than a mast) which is 15 metres or more in height, or on a mast located on such a building , where the antenna is located at a height of 15 metres or above, measured from ground level the size of any dish would exceed the size of the existing dish when measured in any dimension or 1.3 metres when measured in any dimension, whichever is the greater;

(i) in the case of the installation of a mast, on a building which is less than 15 metres in height, such a mast would be within 20 metres of a highway, unless it is essential for operational purposes that the mast is installed in that position;

(j) 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 electronic communications apparatus; or

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

C.2

Development consisting of the installation of apparatus is not permitted by Class C(a) on article 1(5) land unless—

(a) the land on which the apparatus is to be installed is, or forms part of, a site on which there is existing electronic communication apparatus;

(b) the existing apparatus was installed on the site on or before the relevant day; and

C.3

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