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

Type Statutory-Instrument

Publication 1995-02-22

Last updated 2025-12-15

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) Subject to paragraph (2), development is not permitted by Class C(a) if it will result in the installation of more than one item of apparatus (“the original apparatus”) on a site in addition to any item of apparatus already on that site on the relevant day.

(2) In addition to the original apparatus which may be installed on a site by virtue of Class C(a), for every four items of apparatus which existed on that site on the relevant day, one additional item of small apparatus may be installed.

(3) In paragraph (2), “small apparatus” means—

(a) a dish antenna, other than on a building, not exceeding 5 metres in diameter and 7 metres in height;

(b) an antenna, other than a dish antenna and other than on a building, not exceeding 7 metres in height;

(c) a hard standing or other base for any apparatus described in sub-paragraphs (a) and (b), not exceeding 7 metres in diameter;

(d) a dish antenna on a building, not exceeding 1.3 metres in diameter and 3 metres in height;

(e) an antenna, other than a dish antenna, on a building, not exceeding 3 metres in height;

(f) a mast on a building, not exceeding 3 metres in height;

(g) equipment housing not exceeding 3 metres in height and of which the area, when measured at ground level, does not exceed 9 square metres.

Conditions

C.4

(1) Class C(a) and Class C(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 must, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.

(2) Class C(a) development consisting of the installation of any additional apparatus on article 1(5) land is permitted subject to the condition that the apparatus must be installed as close as is reasonably practicable to any existing apparatus.

(3) Class C(b) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission must, 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) Class C 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 a mast; or of 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 4 metres or more; 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 case of emergency, to the conditions set out in C.5.

C.5

(1) The developer must, before commencing development, give notice of the proposed development to any person (other than the developer) who is an owner or tenant of the land to which the development relates—

(a) by serving the appropriate 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 3 kilometres of the perimeter of an aerodrome, the developer shall, before commencing development, notify the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate.

Interpretation of Class C

C.6

For the purposes of Class C—

“aerodrome operator” means the person who is for the time being responsible for the management of the aerodrome;

“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;

“appropriate 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);

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

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

“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;

“relevant day” means—7th June 2006; orwhere apparatus is installed pursuant to planning permission granted on or after 7th June 2006, the date when that apparatus is finally installed pursuant to that permission,whichever is later;

“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 C(a) or Class C(c) or from the commencement of the use permitted by Class C(b), as the case may be; orwhen the need for such apparatus, structure or use ceases,whichever occurs first; and

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

PART 39 — TEMPORARY PROTECTION OF POULTRY AND OTHER CAPTIVE BIRDS

Class A

Permitted development

A

The erection of a building where that is necessary for the purpose of housing poultry or other captive birds to protect them from avian influenza.

Development not permitted

A.1

Development is not permitted by Class A if—

(a) the development would affect a listed building or its setting;

(b) the height of the building would exceed 12 metres;

(c) where the development is within three kilometres of an aerodrome, the height of the building would exceed three metres;

(d) the area of ground which would be covered by the building would exceed 465 square metres;

(e) where development permitted by Class A is carried out more than once on land in the occupation of a particular person, the aggregate of the area of ground covered by any such development would exceed 465 square metres;

(f) where the development consists of the extension of a building, the area of ground covered by the building as extended would exceed the area of ground covered by the existing building by more than 50 per cent.

Conditions

A.2

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

(a) the development shall not be used for any purpose other than to house poultry or other captive birds to protect them from avian influenza;

(b) the developer shall, as soon as practicable, and in any event no later than 14 days, after commencing development, serve the relevant notice on the local planning authority; and

(i) any building permitted by Class A shall be removed from the land; and

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

Interpretation of Class A

A.3

For the purposes of Class A—

“approved body” means a body approved in accordance with Article 2(1)(c) of Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/EEC;

“avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;

“other captive bird” means a bird kept in captivity which is not poultry and includes a bird kept as a pet; for shows, races, exhibitions or competitions; for breeding; for sale; or for use by an approved body;

“poultry” means birds reared or kept in captivity for the production of meat or eggs for consumption, for the production of other products, for restocking supplies of game or for the purposes of any breeding programme for the production of such categories of birds;

“relevant date” means—21 March 2009; orthe date on which the use of the building permitted by Class A ceases to be necessary for the purposes of protecting poultry or other captive birds from avian influenza,whichever is the earlier;

“relevant 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 development (including a site plan and grid reference);the name and address of the owner and occupier of the land on which the development is being carried out (if not the developer);a description of the development (including the type of poultry or other captive birds to be protected); andthe date on which the development commenced.

PART 40 — INSTALLATION OF DOMESTIC MICROGENERATION EQUIPMENT

Class A

Permitted development

A

The installation, alteration or replacement of solar PV or solar thermal equipment on—

(a) a dwellinghouse; or

(b) a building situated within the curtilage of a dwellinghouse.

Development not permitted

A.1

Development is not permitted by Class A, in the case of solar PV or solar thermal equipment installed on an existing wall or roof of a dwellinghouse or a building within its curtilage if—

(a) the solar PV or solar thermal equipment would protrude more than 200 millimetres beyond the plane of the wall or the roof slope when measured from the perpendicular with the external surface of the wall or roof slope;

(b) it would result in the highest part of the solar PV or solar thermal equipment being higher than the highest part of the roof (excluding any chimney);

(c) in the case of land within a conservation area or which is a World Heritage Site, the solar PV or solar thermal equipment would be installed—

(i) on a wall ... forming the principal or side elevation of the dwellinghouse and would be visible from a highway; or

(ii) on a wall ... of a building within the curtilage of the dwellinghouse and would be visible from a highway; or

(d) the solar PV or solar thermal equipment would be installed on a building within the curtilage of the dwellinghouse if the dwellinghouse is a listed building.

Conditions

A.2

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

(a) solar PV or solar thermal equipment installed on a building shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building;

(b) solar PV or solar thermal equipment shall, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and

(c) solar PV or solar thermal equipment no longer needed for microgeneration shall be removed as soon as reasonably practicable.

Class B

Permitted development

B

The installation, alteration or replacement of stand alone solar within the curtilage of a dwellinghouse.

Development not permitted

B.1

Development is not permitted by Class B if—

(a) it would result in the presence within the curtilage of more than one stand alone solar; or

(b) any part of the stand alone solar—

(i) would exceed four metres in height above ground level;

(ii) would, in the case of land within a conservation area or which is a World Heritage Site, be situated within any part of the curtilage of the dwellinghouse and would be visible from the highway;

(iii) would be situated within five metres of the boundary of the curtilage;

(iv) would be situated within the curtilage of a listed building; or

(c) the surface area of the solar panels forming part of the stand alone solar would exceed nine square metres or any dimension of its array (including any housing) would exceed three metres.

Conditions

B.2

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

(a) stand alone solar shall, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and

(b) stand alone solar which is no longer needed for microgeneration shall be removed as soon as reasonably practicable.

Class C

Permitted development

C

The installation, alteration or replacement of a ground source heat pump within the curtilage of a dwellinghouse.

Class D

Permitted development

D

The installation, alteration or replacement of a water source heat pump within the curtilage of a dwellinghouse.

Class E

Permitted development

E

The installation, alteration or replacement of a flue, forming part of a biomass heating system, on a dwellinghouse.

Development not permitted

E.1

Development is not permitted by Class E if—

(a) the height of the flue would exceed the highest part of the roof by one metre or more;

(b) in the case of land within a conservation area or which is a World Heritage Site, the flue would be installed on a wall or roof slope forming the principal or side elevation of the dwellinghouse and would be visible from a highway.

Class F

Permitted development

F

The installation, alteration or replacement of a flue, forming part of a combined heat and power system, on a dwellinghouse.

Development not permitted

F.1

Development is not permitted by Class F if—

(a) the height of the flue would exceed the highest part of the roof by one metre or more;

(b) in the case of land within a conservation area or which is a World Heritage Site, the flue would be installed on a wall or roof slope forming the principal or side elevation of the dwellinghouse and would be visible from a highway.

Interpretation of Part 40

G.1

For the purposes of Part 40—

“dwellinghouse” includes a building which consists wholly of flats or which is used for the purposes of a dwellinghouse;

“microgeneration” has the same meaning as in section 82(6) of the Energy Act 2004;

“solar PV” means solar photovoltaics;

“stand alone solar” means solar PV or solar thermal equipment which is not installed on a building .

PART 1 — DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE

Class A

Permitted development

A

The enlargement, improvement or other alteration of a dwellinghouse.

Development not permitted

A.1

Development is not permitted by Class A if—

(za) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class IA or MB of Part 3 of this Schedule (changes of use);

(a) as a result of the works, the total area of ground covered by buildings within the curtilage of the dwellinghouse (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

(b) the height of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the highest part of the roof of the existing dwellinghouse;

(c) the height of the eaves of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the eaves of the existing dwellinghouse;

(d) the enlarged part of the dwellinghouse would extend beyond a wall which—

(i) fronts a highway, and

(ii) forms either the principal elevation or a side elevation of the original dwellinghouse;

(e) subject to paragraph (ea), the enlarged part of the dwellinghouse would have a single storey and—

(i) extend beyond the rear wall of the original dwellinghouse by more than 4 metres in the case of a detached dwellinghouse, or 3 metres in the case of any other dwellinghouse, or

(ii) exceed 4 metres in height;

(ea) until 30th May 2016, for a dwellinghouse not on article 1(5) land nor on a site of special scientific interest, the enlarged part of the dwellinghouse would have a single storey and—

(i) extend beyond the rear wall of the original dwellinghouse by more than 8 metres in the case of a detached dwellinghouse, or 6 metres in the case of any other dwellinghouse, or

(ii) exceed 4 metres in height;

(f) the enlarged part of the dwellinghouse would have more than one storey and—

(i) extend beyond the rear wall of the original dwellinghouse by more than 3 metres, or

(ii) be within 7 metres of any boundary of the curtilage of the dwellinghouse opposite the rear wall of the dwellinghouse;

(g) the enlarged part of the dwellinghouse would be within 2 metres of the boundary of the curtilage of the dwellinghouse, and the height of the eaves of the enlarged part would exceed 3 metres;

(h) the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse, and would—

(i) exceed 4 metres in height,

(ii) have more than one storey, or

(iii) have a width greater than half the width of the original dwellinghouse; or

(i) it would consist of or include—

(i) the construction or provision of a veranda, balcony or raised platform,

(ii) the installation, alteration or replacement of a microwave antenna,

(iii) the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or

(iv) an alteration to any part of the roof of the dwellinghouse.

A.2

In the case of a dwellinghouse on article 1(5) land, development is not permitted by Class A if—

(a) it would consist of or include the cladding of any part of the exterior of the dwellinghouse with stone, artificial stone, pebble dash, render, timber, plastic or tiles;

(b) the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse; or

(c) the enlarged part of the dwellinghouse would have more than one storey and extend beyond the rear wall of the original dwellinghouse.

Conditions

A.3

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

(a) the materials used in any exterior work (other than materials used in the construction of a conservatory) shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse;

(b) any upper-floor window located in a wall or roof slope forming a side elevation of the dwellinghouse shall be—

(i) obscure-glazed, and

(ii) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed; and

(c) where the enlarged part of the dwellinghouse has more than one storey, the roof pitch of the enlarged part shall, so far as practicable, be the same as the roof pitch of the original dwellinghouse.

Class B

Permitted development

B

The enlargement of a dwellinghouse consisting of an addition or alteration to its roof.

Development not permitted

B.1

Development is not permitted by Class B if—

(za) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class IA or MB of Part 3 of this Schedule (changes of use);

(a) any part of the dwellinghouse would, as a result of the works, exceed the height of the highest part of the existing roof;

(b) any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse and fronts a highway;

(c) the cubic content of the resulting roof space would exceed the cubic content of the original roof space by more than—

(i) 40 cubic metres in the case of a terrace house, or

(ii) 50 cubic metres in any other case;

(d) it would consist of or include—

(i) the construction or provision of a veranda, balcony or raised platform, or

(ii) the installation, alteration or replacement of a chimney, flue or soil and vent pipe; or

(e) the dwellinghouse is on article 1(5) land.

Conditions

B.2

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

(a) the materials used in any exterior work shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse;

(b) the enlargement shall be constructed so that—

(i) other than in the case of a hip-to-gable enlargement or an enlargement which joins the original roof to the roof of a rear or side extension —

(aa) the eaves of the original roof are maintained or reinstated; and

(bb) the edge of the enlargement closest to the eaves of the original roof shall, so far as practicable, be not less than 20 centimetres from the eaves, measured along the roof slope from the outside edge of the eaves; and

(ii) other than in the case of an enlargement which joins the original roof to the roof of a rear or side extension, no part of the enlargement extends beyond the outside face of any external wall of the original dwellinghouse;

(i) obscure-glazed, and

(ii) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

Interpretation of Class B

B.3

For the purposes of Class B “resulting roof space” means the roof space as enlarged, taking into account any enlargement to the original roof space, whether permitted by this Class or not.

Class C

Permitted development

C

Any other alteration to the roof of a dwellinghouse.

Development not permitted

C.1

Development is not permitted by Class C if—

(za) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class IA or MB of Part 3 of this Schedule (changes of use);

(a) the alteration would protrude more than 150 millimetres beyond the plane of the slope of the original roof when measured from the perpendicular with the external surface of the original roof;

(b) it would result in the highest part of the alteration being higher than the highest part of the original roof; or

(i) the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or

(ii) the installation, alteration or replacement of solar photovoltaics or solar thermal equipment.

Conditions

C.2

Development is permitted by Class C subject to the condition that any window located on a roof slope forming a side elevation of the dwellinghouse shall be—

(a) obscure-glazed; and

(b) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

Class D

Permitted development

D

The erection or construction of a porch outside any external door of a dwellinghouse.

Development not permitted

D.1

Development is not permitted by Class D if—

(za) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class IA or MB of Part 3 of this Schedule (changes of use);

(a) the ground area (measured externally) of the structure would exceed 3 square metres;

(b) any part of the structure would be more than 3 metres above ground level; or

(c) any part of the structure would be within 2 metres of any boundary of the curtilage of the dwellinghouse with a highway.

Class E

Permitted development

E

The provision within the curtilage of the dwellinghouse of—

(a) any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure; or

(b) a container used for domestic heating purposes for the storage of oil or liquid petroleum gas.

Development not permitted

E.1

Development is not permitted by Class E if—

(za) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class IA or MB of Part 3 of this Schedule (changes of use);

(a) the total area of ground covered by buildings, enclosures and containers within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

(b) any part of the building, enclosure, pool or container would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse;

(d) the height of the building, enclosure or container would exceed—

(i) 4 metres in the case of a building with a dual-pitched roof,

(ii) 2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwellinghouse, or

(iii) 3 metres in any other case;

(e) the height of the eaves of the building would exceed 2.5 metres;

(f) the building, enclosure, pool or container would be situated within the curtilage of a listed building;

(g) it would include the construction or provision of a veranda, balcony or raised platform;

(h) it relates to a dwelling or a microwave antenna; or

(i) the capacity of the container would exceed 3,500 litres.

E.2

In the case of any land within the curtilage of the dwellinghouse which is within—

(a) a World Heritage Site,

(b) a National Park,

(d) the Broads,

development is not permitted by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres.

E.3

In the case of any land within the curtilage of the dwellinghouse which is article 1(5) land, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse.

Interpretation of Class E

E.4

For the purposes of Class E, “purpose incidental to the enjoyment of the dwellinghouse as such” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.

Class F

Permitted development

F

Development consisting of—

(a) the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such; or

(b) the replacement in whole or in part of such a surface.

Conditions

F.1

Development is permitted by Class F subject to the condition that where—

(a) the hard surface would be situated on land between a wall forming the principal elevation of the dwellinghouse and a highway, and

(b) the area of ground covered by the hard surface, or the area of hard surface replaced, would exceed 5 square metres,

either the hard surface shall be made of porous materials, or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse.

Class G

Permitted development

G

The installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse.

Development not permitted

G.1

Development is not permitted by Class G if—

(za) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class IA or MB of Part 3 of this Schedule (changes of use);

(a) the height of the chimney, flue or soil and vent pipe would exceed the highest part of the roof by 1 metre or more; or

(b) in the case of a dwellinghouse on article 1(5) land, the chimney, flue or soil and vent pipe would be installed on a wall or roof slope which—

(i) fronts a highway, and

(ii) forms either the principal elevation or a side elevation of the dwellinghouse.

Class H

Permitted development

H

The installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a dwellinghouse.

Development not permitted

H.1

Development is not permitted by Class H if—

(za) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class IA or MB of Part 3 of this Schedule (changes of use);

(a) it would result in the presence on the dwellinghouse or within its curtilage 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 60 centimetres;

(v) an antenna installed on a chimney, where the antenna would protrude above the chimney; or

(vi) an antenna with a cubic capacity in excess of 35 litres;

(b) 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;

(c) 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 lower; or

(d) in the case of article 1(5) land, it would consist of the installation of an antenna—

(i) on a chimney, wall or roof slope which faces onto, and is visible from, a highway;

(ii) in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway; or

(iii) on a building which exceeds 15 metres in height.

Conditions

H.2

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

(a) an antenna installed on a building shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building; and

(b) an antenna no longer needed for reception or transmission purposes shall be removed as soon as reasonably practicable.

Interpretation of Class H

H.3

The relevant size criteria for the purposes 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 the antenna is to be measured in any linear direction, and shall exclude any projecting feed element, reinforcing rim, mounting or brackets.

Interpretation of Part 1

I

For the purposes of Part 1—

“raised” in relation to a platform means a platform with a height greater than 300 millimetres; and

“terrace house” means a dwellinghouse situated in a row of three or more dwellinghouses used or designed for use as single dwellings, where—it shares a party wall with, or has a main wall adjoining the main wall of, the dwellinghouse on either side; orif it is at the end of a row, it shares a party wall with or has a main wall adjoining the main wall of a dwellinghouse which fulfils the requirements of sub-paragraph (a).

PART 40 — INSTALLATION OF DOMESTIC MICROGENERATION EQUIPMENT

Class A

Permitted development

A

The installation, alteration or replacement of solar PV or solar thermal equipment on—

(a) a dwellinghouse; or

(b) a building situated within the curtilage of a dwellinghouse.

Development not permitted

A.1

Development is not permitted by Class A if—

(a) in the case of solar PV or solar thermal equipment installed on a wall or pitched roof—

(i) the solar PV or solar thermal equipment would protrude more than 20 centimetres beyond the plane of the wall or the roof slope when measured from the perpendicular with the external surface of the wall or roof slope; or

(ii) it would result in the highest part of the solar PV or solar thermal equipment being higher than the highest part of the roof (excluding any chimney);

(b) in the case of solar PV or solar thermal equipment installed on a flat roof—

(i) the solar PV or solar thermal equipment would be sited within 1 metre of the external edge of the roof; or

(ii) the solar PV or solar thermal equipment would protrude more than 1 metre above the plane of the roof;

(c) in the case of land within a conservation area or a World Heritage Site, the solar PV or solar thermal equipment would be installed—

(i) on a wall forming the principal or side elevation of the dwellinghouse and which fronts a highway; or

(ii) on a wall of a building within the curtilage of the dwellinghouse and which fronts a highway;

(d) the solar PV or solar thermal equipment would be installed on a building within the curtilage of the dwellinghouse if the dwellinghouse is a listed building; or

(e) the solar PV or solar thermal equipment would be installed on a site designated as a scheduled monument.

Conditions

A.2

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

(a) solar PV or solar thermal equipment must, so far as practicable, be sited so as to minimise its effect on the external appearance of the building;

(b) solar PV or solar thermal equipment must, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and

(c) solar PV or solar thermal equipment no longer needed for or capable of microgeneration must be removed as soon as reasonably practicable.

Class B

Permitted development

B

The installation, alteration or replacement of stand alone solar within the curtilage of a dwellinghouse.

Development not permitted

B.1

Development is not permitted by Class B if—

(a) in the case of the installation of stand alone solar, it would result in the presence within the curtilage of more than one stand alone solar;

(b) any part of the stand alone solar—

(i) would exceed four metres in height;

(ii) would be installed within five metres of the boundary of the curtilage of the dwellinghouse and would—

(aa) exceed two metres in height; or

(bb) be installed within five metres of a highway;

(iii) would, in the case of land within a conservation area or a World Heritage Site, be installed so that it is between a highway which bounds the curtilage and the dwellinghouse; or

(iv) would be installed within the curtilage of a listed building; or

(c) the surface area of the solar panels forming part of the stand alone solar would exceed nine square metres or any dimension of its array (including any housing) would exceed three metres.

Conditions

B.2

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

(a) stand alone solar must, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and

(b) stand alone solar which is no longer needed for or capable of microgeneration must be removed as soon as reasonably practicable.

Class C

Permitted development

C

The installation, alteration or replacement of a ground source heat pump within the curtilage of a dwellinghouse.

Class D

Permitted development

D

The installation, alteration or replacement of a water source heat pump within the curtilage of a dwellinghouse.

Class E

Permitted development

E

The installation, alteration or replacement of a flue, forming part of a biomass heating system, on a dwellinghouse.

Development not permitted

E.1

Development is not permitted by Class E if—

(a) the height of the flue would exceed the highest part of the roof by one metre or more; or

(b) in the case of land within a conservation area or a World Heritage Site, the flue would be installed on a wall or roof slope forming the principal or side elevation of the dwellinghouse and which fronts a highway.

Class F

Permitted development

F

The installation, alteration or replacement of a flue, forming part of a combined heat and power system, on a dwellinghouse.

Development not permitted.

F.1

Development is not permitted by Class F if—

(a) the height of the flue would exceed the highest part of the roof by one metre or more; or

(b) in the case of land within a conservation area or a World Heritage Site, the flue would be installed on a wall or roof slope forming the principal or side elevation of the dwellinghouse and which fronts a highway.

Interpretation of Part 40

G.1

Development is not permitted by Class G unless the air source heat pump complies with the MCS Planning Standards or equivalent standards.

Procedure for article 4(1) directions

Directions with immediate effect

Class I

Permitted development

I

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

PART 8 — INDUSTRIAL AND WAREHOUSE DEVELOPMENT

Class A

Permitted development

A

The erection, extension or alteration of an industrial building or a warehouse.

Development not permitted

A.1

Development is not permitted by Class A if—

(a) the height of any part of the new building erected would exceed—

(i) if within ten metres of a boundary of the curtilage of the premises, five metres;

(ii) in all other cases, the height of the highest building within the curtilage of the premises or 15 metres, whichever is lower;

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

(i) if within ten metres of a boundary of the curtilage of the premises, five metres;

(ii) in all other cases, the height of the building being extended or altered;

(d) subject to paragraph (da), the gross floor space of any new building erected would exceed 100 square metres;

(da) until 30th May 2016 for a building not on article 1(5) land nor on a site of special scientific interest the gross floor space of any new building erected would exceed 200 square metres;

(e) subject to paragraph (ea), the gross floor space of the original building would be exceeded by more than—

(i) 10% in respect of development on any article 1(5) land or 25% in any other case; or

(ii) 500 square metres in respect of development on any article 1(5) land or 1,000 square metres in any other case;

whichever is the lesser;

(ea) until 30th May 2016, the gross floor space of the original building would be exceeded by more than—

(i) 10% in respect of development on any article 1(5) land, 25% in respect of development on a site of special scientific interest and 50% in any other case; or

(ii) 500 square metres in respect of development on any article 1(5) land or 1,000 square metres in any other case;

whichever is the lesser;

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

(g) the development would be within the curtilage of a listed building.

Conditions

A.2

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

(a) the development must be within the curtilage of an existing industrial building or warehouse;

(b) any building as erected, extended or altered shall only be used—

(i) in the case of an industrial building, for the carrying out of an industrial process for the purposes of the undertaking, for research and development of products or processes, or the provision of employee facilities ancillary to the undertaking;

(ii) in the case of a warehouse, for storage or distribution for the purposes of the undertaking or the provision of employee facilities ancillary to the undertaking;

(i) between 7.00 pm and 6.30 am, for employees other than those present at the premises of the undertaking for the purpose of their employment, or

(ii) at all, if a notifiable quantity of a hazardous substance is present at the premises of the undertaking;

(d) any new building erected shall, in the case of article 1(5) land, be constructed using materials which have a similar external appearance to those used for the existing industrial building or warehouse; and

(e) any extension or alteration shall, in the case of article 1(5) land, be constructed using materials which have a similar external appearance to those used for the building being extended or altered.

Interpretation of Class A

A.3

For the purposes of Class A—

(a) where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement;

(b) “original building” does not include any building erected at any time under Class A;

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

(d) “industrial building” means a building used for the carrying out of an industrial process and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purposes of an industrial undertaking and land used for research and development of products or processes, but does not include a building on land in or adjacent to and occupied together with a mine; and

(e) “warehouse” means a building used for any purpose within Class B8 (storage or distribution) of the Schedule to the Use Classes Order but does not include a building on land in or adjacent to and occupied together with a mine.

Class B

Permitted development

B

Development carried out on industrial land for the purposes of an industrial process 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

B.1

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

(a) it would materially affect the external appearance of the premises of the undertaking concerned; 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 B

B.2

In Class B, “industrial land” means land used for the carrying out of an industrial process, including land used for the purposes of an industrial undertaking as a dock, harbour or quay but does not include land in or adjacent to and occupied together with a mine.

Class C

Permitted development

C

Development consisting of—

(a) the provision of a hard surface within the curtilage of an industrial building or warehouse to be used for the purpose of the undertaking concerned; or

(b) the replacement in whole or in part of such a surface.

Development not permitted

C.1

Development is not permitted by Class C if the development would be within the curtilage of a listed building.

Conditions

C.2

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

(a) where there is a risk of groundwater contamination the hard surface shall not be made of porous materials;

(b) in all other cases, either—

(i) the hard surface shall be made of porous materials, or

(ii) provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the industrial building or warehouse.

Interpretation of Class C

C.3

In Class C—

“industrial building” means a building used for the carrying out of an industrial process and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purposes of an industrial undertaking and land used for research and development of products or processes, but does not include a building on land in or adjacent to and occupied together with a mine; and

“warehouse” means a building used for any purpose within Class B8 (storage or distribution) of the Schedule to the Use Classes Order but does not include a building on land in or adjacent to and occupied together with a mine.

Class D

Permitted development

D

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

Development not permitted

D.1

Development is not permitted by Class D if—

(a) the waste material is or includes material resulting from the winning and working of minerals; or

(b) the use on 1st July 1948 was for the deposit of material resulting from the winning and working of minerals.

PART 32 — SCHOOLS, COLLEGES, UNIVERSITIES AND HOSPITALS

Class A

Permitted development

A

The erection, extension or alteration of a school, college, university or hospital building.

Development not permitted

A.1

Development is not permitted by Class A—

(a) if the cumulative gross floor space of any buildings erected, extended or altered would exceed—

(i) 25% of the gross floor space of the original school, college, university or hospital buildings; or

(ii) 100 square metres,

whichever is the lesser;

(b) if any part of the development would be within five metres of a boundary of the curtilage of the premises;

(c) if, as a result of the development, any land used as a playing field at any time in the five years before the development commenced and remaining in this use could no longer be so used;

(d) if the height of any new building erected would exceed five metres;

(e) if the height of the building as extended or altered would exceed—

(i) if within ten metres of a boundary of the curtilage of the premises, five metres; or

(ii) in all other cases, the height of the building being extended or altered;

(f) if the development would be within the curtilage of a listed building; or

(g) unless—

(i) in the case of school, college or university buildings, the predominant use of the existing buildings on the premises is for the provision of education;

(ii) in the case of hospital buildings, the predominant use of the existing buildings on the premises is for the provision of any medical or health services.

Conditions

A.2

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

(a) the development must be within the curtilage of an existing school, college, university or hospital;

(b) the development shall only be used as part of, or for a purpose incidental to, the use of that school, college, university or hospital;

(c) any new building erected shall, in the case of article 1(5) land, be constructed using materials which have a similar external appearance to those used for the original school, college, university or hospital buildings; and

(d) any extension or alteration shall, in the case of article 1(5) land, be constructed using materials which have a similar external appearance to those used for the building being extended or altered.

Interpretation

A.3

For the purposes of Class A—

(a) where two or more original buildings are within the same curtilage and are used for the same institution, they are to be treated as a single original building in making any measurement; and

(b) “original school, college, university or hospital building” means any original building which is a school, college, university or hospital building, as the case may be, other than any building erected at any time under Class A.

Class B

Permitted development

B

Development consisting of—

(a) the provision of a hard surface within the curtilage of any school, college, university or hospital to be used for the purposes of that school, college, university or hospital; or

(b) the replacement in whole or in part of such a surface.

Development not permitted

B.1

Development is not permitted by Class B if—

(a) the cumulative area of ground covered by a hard surface within the curtilage of the site (other than hard surfaces already existing on 6th April 2010) would exceed 50 square metres;

(b) as a result of the development, any land used as a playing field at any time in the five years before the development commenced and remaining in this use could no longer be so used; or

Conditions

B.2

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

(a) where there is a risk of groundwater contamination the hard surface shall not be made of porous materials;

(b) in all other cases, either—

(i) the hard surface shall be made of porous materials, or

(ii) provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the institution.

PART 41 — OFFICE BUILDINGS

Class A

Permitted development

A

The extension or alteration of an office building.

Development not permitted

A.1

Development is not permitted by Class A if—

(a) subject to paragraph (aa), the gross floor space of the original building would be exceeded by more than—

(i) 25%; or

(ii) 50 square metres,

whichever is the lesser;

(aa) until 30th May 2016 for a building not on a site of special scientific interest the gross floor space of the original building would be exceeded by more than—

(i) 50%; or

(ii) 100 square metres,

whichever is the lesser;

(b) the height of the building as extended would exceed—

(i) if within ten metres of a boundary of the curtilage of the premises, five metres; or

(ii) in all other cases, the height of the building being extended;

(c) any part of the development, other than an alteration, would be within five metres of any boundary of the curtilage of the premises;

(d) any alteration would be on article 1(5) land; or

(e) the development would be within the curtilage of a listed building.

Conditions

A.2

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

(a) any office building as extended or altered shall only be used as part of, or for a purpose incidental to, the use of that office building;

(b) any extension shall, in the case of article 1(5) land, be constructed using materials which have a similar external appearance to those used for the building being extended; and

Interpretation of Class A

A.3

For the purposes of Class A—

(a) where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement; and

(b) “office building” means a building used for any purpose within Class B1(a) of the Schedule to the Use Classes Order.

Class B

Permitted development

B

Development consisting of—

(a) the provision of a hard surface within the curtilage of an office building to be used for the purpose of the office concerned; or

(b) the replacement in whole or in part of such a surface.

Development not permitted

B.1

Development is not permitted by Class B if—

(a) the cumulative area of ground covered by a hard surface within the curtilage (excluding hard surfaces already existing on 6th April 2010) would exceed 50 square metres; or

(b) the development would be within the curtilage of a listed building.

Conditions

B.2

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

(a) where there is a risk of groundwater contamination, the hard surface shall not be made of porous materials;

(b) in all other cases, either—

(i) the hard surface shall be made of porous materials, or

(ii) provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the office building.

Interpretation of Class B

B.3

For the purposes of Class B “office building” means a building used for any purpose within Class B1(a) of the Schedule to the Use Classes Order.

PART 42 — SHOPS OR CATERING, FINANCIAL OR PROFESSIONAL SERVICES ESTABLISHMENTS

Class A

Permitted development

A

The extension or alteration of a shop or financial or professional services establishment.

Development not permitted

A.1

Development is not permitted by Class A if—

(a) subject to paragraph (aa), the gross floor space of the original building would be exceeded by more than—

(i) 25%; or

(ii) 50 square metres;

whichever is the lesser.

(aa) until 30th May 2016 for a building not on a site of special scientific interest the gross floor space of the original building would be exceeded by more than—

(i) 50%; or

(ii) 100 square metres,

whichever is the lesser;

(b) the height of the building as extended would exceed four metres;

(c) subject to paragraph (ca), any part of the development, other than an alteration, would be within two metres of any boundary of the curtilage of the premises;

(ca) until 30th May 2016 paragraph (c) only applies where—

(i) the land on which the building is located adjoins land or a building which is used for a purpose falling within Class C of the Schedule to the Use Classes Order;

(ii) the development is on article 1(5) land; or

(iii) the development is on a site of special scientific interest;

(d) the development would be within the curtilage of a listed building;

(e) any alteration would be on article 1(5) land;

(f) the development would consist of or include the construction or provision of a veranda, balcony or raised platform;

(g) any part of the development would extend beyond an existing shop front;

(h) the development would involve the insertion or creation of a new shop front or the alteration or replacement of an existing shop front; or

(i) the development would involve the installation or replacement of a security grill or shutter on a shop front.

Conditions

A.2

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

(a) any alteration shall be at ground floor level only;

(b) any extension shall, in the case of article 1(5) land, be constructed using materials which have a similar external appearance to those used for the building being extended; and

(c) any extension or alteration shall only be used as part of, or for a purpose incidental to, the use of the shop or financial or professional services establishment.

Interpretation of Class A

A.3

For the purposes of Class A—

(a) where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement;

(b) “raised platform” means a platform with a height greater than 300 millimetres; and

(c) “shop or financial or professional services establishment” means a building, or part of a building, used for any purpose within Classes A1 or A2 of the Schedule to the Use Classes Order and includes buildings with other uses in other parts as long as the other uses are not within the parts being altered or extended.

Class B

Permitted development

B

The erection or construction of a trolley store within the curtilage of a shop.

Development not permitted

B.1

Development is not permitted by Class B if—

(a) the gross floor space of the building or enclosure erected would exceed 20 square metres;

(b) any part of the building or enclosure erected would be—

(i) within 20 metres of any boundary of the curtilage of; or

(ii) above or below,

any building used for any purpose within Part C of the Schedule to the Use Classes Order or as a hostel;

(d) the development would be within the curtilage of a listed building; or

(e) the development would be between a shop front and a highway where the distance between the shop front and the boundary of the curtilage of the premises is less than five metres.

Condition

B.2

Development is permitted by Class B subject to the condition that the building or enclosure is only used for the storage of shopping trolleys.

Interpretation of Class B

B.3

For the purposes of Class B—

“shop” means a building used for any purpose within Class A1 of the Schedule to the Use Classes Order; and

“trolley store” means a building or enclosure designed to be used for the storage of shopping trolleys.

Class C

Permitted development

C

Development consisting of—

(a) the provision of a hard surface within the curtilage of a shop or catering, financial or professional services establishment; or

(b) the replacement in whole or in part of such a surface.

Development not permitted

C.1

Development is not permitted by Class C if—

(a) the cumulative area of ground covered by a hard surface within the curtilage of the premises (other than hard surfaces already existing on 6th April 2010) would exceed 50 square metres; or

(b) the development would be within the curtilage of a listed building.

Conditions

C.2

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

(a) where there is a risk of groundwater contamination, the hard surface shall not be made of porous materials;

(b) in all other cases, either—

(i) the hard surface shall be made of porous materials, or

(ii) provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the undertaking.

Interpretation of Class C

C.3

For the purposes of Class C “shop or catering, financial or professional services establishment” means a building used for any purpose within Classes A1 to A5 of the Schedule to the Use Classes Order.

Class D

Permitted development

D

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

Development not permitted

D.1

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

Conditions

D.2

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

Class E

Permitted development

E

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

Development not permitted

E.1

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

Conditions

E.2

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

Class A

Permitted development

A

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

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

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

Interpretation of Class A

A.1

For the purposes of Class A “urban development corporation” has the same meaning as in Part 16 of the Local Government, Planning and Land Act 1980 (urban development).

A.2

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.

A

The installation, alteration or replacement of solar PV or solar thermal equipment on—

(a) a dwellinghouse or a block of flats; or

(b) a building situated within the curtilage of a dwellinghouse or a block of flats.

A.1

Development is not permitted by Class A if—

(a) the solar PV or solar thermal equipment would protrude more than 200 millimetres beyond the plane of the wall or the roof slope when measured from the perpendicular with the external surface of the wall or roof slope;

(b) it would result in the highest part of the solar PV or solar thermal equipment being higher than the highest part of the roof (excluding any chimney);

(c) in the case of land within a conservation area or which is a World Heritage Site, the solar PV or solar thermal equipment would be installed on a wall which fronts a highway;

(d) the solar PV or solar thermal equipment would be installed on a site designated as a scheduled monument; or

(e) the solar PV or solar thermal equipment would be installed on a building within the curtilage of the dwellinghouse or block of flats if the dwellinghouse or block of flats is a listed building.

A.2

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

(a) solar PV or solar thermal equipment shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building;

(b) solar PV or solar thermal equipment shall, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and

(c) solar PV or solar thermal equipment no longer needed for microgeneration shall be removed as soon as reasonably practicable.

B

The installation, alteration or replacement of stand alone solar within the curtilage of a dwellinghouse or a block of flats.

B.1

Development is not permitted by Class B if—

(a) in the case of the installation of stand alone solar, the development would result in the presence within the curtilage of more than one stand alone solar;

(b) any part of the stand alone solar—

(i) would exceed four metres in height;

(ii) would, in the case of land within a conservation area or which is a World Heritage Site, be installed so that it is nearer to any highway which bounds the curtilage than the part of the dwellinghouse or block of flats which is nearest to that highway;

(iii) would be installed within five metres of the boundary of the curtilage;

(iv) would be installed within the curtilage of a listed building; or

(v) would be installed on a site designated as a scheduled monument; or

(c) the surface area of the solar panels forming part of the stand alone solar would exceed nine square metres or any dimension of its array (including any housing) would exceed three metres.

B.2

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

(a) stand alone solar shall, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and

(b) stand alone solar which is no longer needed for microgeneration shall be removed as soon as reasonably practicable.

C

The installation, alteration or replacement of a ground source heat pump within the curtilage of a dwellinghouse or a block of flats.

D

The installation, alteration or replacement of a water source heat pump within the curtilage of a dwellinghouse or a block of flats.

E

The installation, alteration or replacement of a flue, forming part of a biomass heating system, on a dwellinghouse or a block of flats.

E.1

Development is not permitted by Class E if—

(a) the height of the flue would exceed the highest part of the roof by one metre or more; or

(b) in the case of land within a conservation area or which is a World Heritage Site, the flue would be installed on a wall or roof slope which fronts a highway.

F

The installation, alteration or replacement of a flue, forming part of a combined heat and power system, on a dwellinghouse or a block of flats.

F.1

Development is not permitted by Class F if—

(a) the height of the flue would exceed the highest part of the roof by one metre or more; or

(b) in the case of land within a conservation area or which is a World Heritage Site, the flue would be installed on a wall or roof slope which fronts a highway.

Class G

Permitted Development

G

The installation, alteration or replacement of an air source heat pump—

(a) on a dwellinghouse or a block of flats; or

(b) within the curtilage of a dwellinghouse or a block of flats, including on a building within that curtilage.

Development not permitted

G.1

Development is not permitted by Class G unless the air source heat pump complies with the MCS Planning Standards or equivalent standards.

G.2

Development is not permitted by Class G if—

(a) in the case of the installation of an air source heat pump, the development would result in the presence of more than one air source heat pump on the same building or within the curtilage of the building or block of flats;

(b) in the case of the installation of an air source heat pump, a wind turbine is installed on the same building or within the curtilage of the dwellinghouse or block of flats;

(c) in the case of the installation of an air source heat pump, a stand alone turbine is installed within the curtilage of the dwellinghouse or block of flats;

(d) the volume of the air source heat pump’s outdoor compressor unit (including any housing) would exceed 0.6 cubic metres;

(e) any part of the air source heat pump would be installed within one metre of the boundary of the curtilage of the dwellinghouse or block of flats;

(f) the air source heat pump would be installed on a pitched roof;

(g) the air source heat pump would be installed on a flat roof where it would be within one metre of the external edge of that roof;

(h) the air source heat pump would be installed on a site designated as a scheduled monument;

(i) the air source heat pump would be installed on a building or on land within the curtilage of the dwellinghouse or the block of flats if the dwellinghouse or the block of flats is a listed building;

(j) in the case of land within a conservation area or which is a World Heritage Site the air source heat pump—

(i) would be installed on a wall or a roof which fronts a highway; or

(ii) would be installed so that it is nearer to any highway which bounds the curtilage than the part of the dwellinghouse or block of flats which is nearest to that highway; or

(k) in the case of land, other than land within a conservation area or which is a World Heritage Site, the air source heat pump would be installed on a wall of a dwellinghouse or block of flats if—

(i) that wall fronts a highway; and

(ii) the air source heat pump would be installed on any part of that wall which is above the level of the ground storey.

Conditions

G.3

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

(a) the air source heat pump shall be used solely for heating purposes;

(b) the air source heat pump shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building;

(c) the air source heat pump shall, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and

(d) the air source heat pump when no longer needed for microgeneration shall be removed as soon as reasonably practicable.

Class H

Permitted Development

H

The installation, alteration or replacement of a wind turbine on—

(a) a detached dwellinghouse; or

(b) a detached building situated within the curtilage of a dwellinghouse or a block of flats.

Development not permitted

H.1

Development is not permitted by Class H unless the wind turbine complies with the MCS Planning Standards or equivalent standards.

H.2

Development is not permitted by Class H if—

(a) in the case of the installation of a wind turbine the development would result in the presence of more than one wind turbine on the same building or within the curtilage;

(b) in the case of the installation of a wind turbine, a stand alone wind turbine is installed within the curtilage of the dwellinghouse or the block of flats;

(c) in the case of the installation of a wind turbine, an air source heat pump is installed on the same building or within its curtilage;

(d) the highest part of the wind turbine (including blades) would either—

(i) protrude more than three metres above the highest part of the roof (excluding the chimney); or

(ii) exceed more than 15 metres in height,

whichever is the lesser;

(e) the distance between ground level and the lowest part of any blade of the wind turbine would be less than five metres;

(f) any part of the wind turbine (including blades) would be positioned so that it would be within five metres of any boundary of the curtilage of the dwellinghouse or the block of flats;

(g) the swept area of any blade of the wind turbine would exceed 3.8 square metres;

(h) the wind turbine would be installed on safeguarded land;

(i) the wind turbine would be installed on a site designated as a scheduled monument;

(j) the wind turbine would be installed within the curtilage of a building which is a listed building;

(k) in the case of land within a conservation area, the wind turbine would be installed on a wall or roof slope of—

(i) the detached dwellinghouse; or

(ii) a building within the curtilage of the dwellinghouse or block of flats,

which fronts a highway; or

(l) the wind turbine would be installed on article 1(5) land other than land within a conservation area.

Conditions

H.3

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

(a) the blades of the wind turbine shall be made of non reflective materials;

(b) the wind turbine shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building;

(d) the wind turbine when no longer needed for microgeneration shall be removed as soon as reasonably practicable.

Class I

Permitted Development

I

The installation, alteration or replacement of a stand alone wind turbine within the curtilage of a dwellinghouse or a block of flats.

Development not permitted

I.1

Development is not permitted by Class I unless the stand alone wind turbine complies with the MCS Planning Standards or equivalent standards.

I.2

Development is not permitted by Class I if—

(a) in the case of the installation of a stand alone wind turbine, the development would result in the presence of more than one stand alone wind turbine within the curtilage of the dwellinghouse or block of flats;

(b) in the case of the installation of a stand alone wind turbine, a wind turbine is installed on the dwellinghouse or on a building within the curtilage of the dwellinghouse or the block of flats;

(c) in the case of the installation of a stand alone wind turbine, an air source heat pump is installed on the dwellinghouse or block of flats or within the curtilage of the dwellinghouse or block of flats;

(d) the highest part of the stand alone wind turbine would exceed 11.1 metres in height;

(e) the distance between ground level and the lowest part of any blade of the stand alone wind turbine would be less than five metres;

(f) any part of the stand alone wind turbine (including blades) would be located in a position which is less than a distance equivalent to the overall height (including blades) of the stand alone wind turbine plus 10 % of its height when measured from any point along the boundary of the curtilage;

(g) the swept area of any blade of the stand alone wind turbine exceeds 3.8 square metres;

(h) the stand alone wind turbine would be installed on safeguarded land;

(i) the stand alone wind turbine would be installed on a site designated as a scheduled monument;

(j) the stand alone wind turbine would be installed within the curtilage of a building which is a listed building;

(k) in the case of land within a conservation area, the stand alone wind turbine would be installed so that it is nearer to any highway which bounds the curtilage than the part of the dwellinghouse or block of flats which is nearest to that highway; or

(l) the stand alone wind turbine would be installed on article 1(5) land other than land within a conservation area.

Conditions

I.3

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

(a) the blades of the stand alone wind turbine shall be made of non reflective materials;

(b) the stand alone wind turbine shall, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and

(c) the stand alone wind turbine when no longer needed for microgeneration shall be removed as soon as reasonably practicable.

Interpretation of Part 40

J

For the purposes of Part 40—

“aerodrome”—means any area of land or water designed, equipped, set apart, or commonly used for affording facilities for the landing and departure of aircraft; andincludes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically; butdoes not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;

“block of flats” means a building which consists wholly of flats;

“detached dwellinghouse” or “detached building” means a dwellinghouse or building, as the case may be, which does not share a party wall with a neighbouring building;

“microgeneration” has the same meaning as in section 82(6) of the Energy Act

2004;

“MSC Planning Standards” means the ... standards for air source heat pumps and wind turbines specified in Microgeneration Certification Scheme MCS 020;

“safeguarded land” means land which—is necessary to be safeguarded for aviation or defence purposes; andhas been notified as such, in writing, to the Secretary of State by an aerodrome operator, NATS (EN ROUTE) PLC or the Secretary of State for Defence for the purposes of this Part;

“solar PV” means solar photovoltaics;

“stand alone solar” means solar PV or solar thermal equipment which is not installed on a building;

“stand alone wind turbine” means a wind turbine which is not fixed to a building.

D.8

In Class A(a), “reasonably necessary for the purposes of agriculture” includes, in relation to the erection, extension or alteration of a building, for housing a biomass boiler or an anaerobic digestion system; for storage of fuel for or waste from that boiler or system; or for housing a hydro-turbine.

D.9

In Class B(a), “reasonably necessary for the purposes of agriculture” includes, in relation to the extension or alteration of an agricultural building, for housing a biomass boiler or an anaerobic digestion system; for storage of fuel for or waste from that boiler or system; or for housing a hydro-turbine.

PART 43 — INSTALLATION OF NON-DOMESTIC MICROGENERATION EQUIPMENT

Class A

Permitted development

A

The installation, alteration or replacement of solar PV or solar thermal equipment on a building other than a dwellinghouse or a block of flats.

Development not permitted

A.1

Development is not permitted by Class A if—

(a) the solar PV or solar thermal equipment would be installed on a wall or pitched roof and would protrude more than 200 millimetres beyond the plane of the wall or the roof slope when measured from the perpendicular with the external surface of the wall or roof slope;

(b) the solar PV or solar thermal equipment would be installed on a flat roof, where the highest part of the solar PV or solar thermal equipment would be higher than 1 metre above the highest part of the roof (excluding any chimney);

(c) the solar PV or solar thermal equipment would be installed on a roof and within 1 metre of the external edge of that roof;

(d) the solar PV or solar thermal equipment would be installed on a wall and within 1 metre of a junction of that wall with another wall or with the roof of the building;

(e) in the case of a building on article 1(5) land, the solar PV or solar thermal equipment would be installed on a wall or roof slope which fronts a highway;

(f) the solar PV or solar thermal equipment would be installed on a site designated as a scheduled monument; or

(g) the solar PV or solar thermal equipment would be installed on a listed building or on a building within the curtilage of a listed building.

Conditions

A.2

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

(a) solar PV or solar thermal equipment must, so far as practicable, be sited so as to minimise its effect on the external appearance of the building;

(b) solar PV or solar thermal equipment must, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and

(c) solar PV or thermal equipment no longer needed for microgeneration must be removed as soon as reasonably practicable.

Class B

Permitted development

B

The installation, alteration or replacement of stand alone solar within the curtilage of a building other than a dwellinghouse or a block of flats.

Development not permitted

B.1

Development is not permitted by Class B if—

(a) in the case of the installation of stand alone solar, the development would result in the presence within the curtilage of more than one stand alone solar;

(b) any part of the stand alone solar—

(i) would exceed four metres in height;

(ii) would, if installed on any article 1(5) land, be installed so that it is nearer to any highway which bounds the curtilage than the part of the building which is nearest to that highway;

(iii) would be installed within five metres of the boundary of the curtilage;

(iv) would be installed within the curtilage of a listed building; or

(v) would be installed on a site designated as a scheduled monument; or

(c) the surface area of the solar panels forming part of the stand alone solar would exceed nine square metres or any dimension of its array (including any housing) would exceed three metres.

Conditions

B.2

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

(a) stand alone solar must, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and

(b) stand alone solar which is no longer needed for microgeneration must be removed as soon as reasonably practicable.

Class C

Permitted development

C

The installation, alteration or replacement of a ground source heat pump within the curtilage of a building other than a dwellinghouse or a block of flats.

Conditions

C.1

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

(a) the total area of excavation must not exceed 0.5 hectares;

(b) the development must not result in the presence within the curtilage of more than one ground source heat pump; and

(c) a pump which is no longer needed for microgeneration must be removed as soon as reasonably practicable and the land shall, as far as reasonably 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.

Class D

Permitted development

D

The installation, alteration or replacement of a water source heat pump within the curtilage of a building other than a dwellinghouse or a block of flats.

Conditions

D.1

Development is permitted by Class D subject to the condition that the total surface area covered by the water source heat pump (including any pipes) must not exceed 0.5 hectares.

Class E

Permitted development

E

The installation, alteration or replacement of a flue, forming part of a biomass heating system, on a building other than—

(a) a dwellinghouse or a block of flats; or

(b) a building situated within the curtilage of a dwellinghouse or a block of flats.

Development not permitted

E.1

Development is not permitted by Class E if—

(a) the capacity of the system that the flue would serve exceeds 45 kilowatts thermal;

(b) the height of the flue would exceed either—

(i) the highest part of the roof by one metre or more, or

(ii) the height of an existing flue which is being replaced,

whichever is the highest;

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