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

PDF Download

articles Not indexed

Reform history JSON API

(c) the installation of the flue would result in the installation on the same building of more than one flue forming part of either a biomass heating system or a combined heat and power system;

(d) the flue would be installed on a listed building, within the curtilage of a listed building or on a site designated as a scheduled monument; or

(e) in the case of a building on article 1(5) land, the flue would be installed on a wall or roof slope 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 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

F.1

Development is not permitted by Class F 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;

(c) the installation of the flue would result in the installation on the same building of more than one flue forming part of either a biomass heating system or a combined heat and power system;

(d) the flue would be installed on a listed building, within the curtilage of a listed building, or on a site designated as a scheduled monument; or

(e) in the case of a building on article 1(5) land, the flue would be installed on a wall or roof slope which fronts a highway.

Interpretation of Part 43

G

For the purposes of Part 43—

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

“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; and

“water source heat pump” means a heat pump where the collecting medium is water.

Class G

Permitted development

G

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

(a) on a dwellinghouse; or

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

Development not permitted

G.2

Development is not permitted by Class G if—

(a) in the case of the installation of an air source heat pump, it would result in the presence of more than one air source heat pump on the dwellinghouse or within the curtilage of the dwellinghouse;

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

(c) the volume of the air source heat pump’s outdoor compressor unit (including any housing) would exceed one cubic metre;

(d) any part of the air source heat pump would be installed within three metres of the boundary of the curtilage of the dwellinghouse;

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

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

(g) the air source heat pump would be installed within the curtilage of the dwellinghouse if the dwellinghouse is a listed building;

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

(i) the air source heat pump would be installed on a wall or roof which fronts a highway.

Conditions

G.3

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

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

(b) the air source heat pump must, 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 must, 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 or capable of microgeneration must be removed as soon as reasonably practicable.

Class H

Permitted development

H

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

Development not permitted

H.1

Development is not permitted by Class H unless the stand alone 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 stand alone wind turbine, it would result in the presence of more than one stand alone wind turbine within the curtilage of the dwellinghouse;

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

(d) the distance between ground level and the lowest part of any blade of the stand alone wind turbine would be less than 5 metres;

(e) any part of the stand alone wind turbine (including blades but excluding guy lines) 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;

(f) the swept area of the blades of the stand alone wind turbine exceeds 9.6 square metres;

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

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

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

(j) in the case of land within a conservation area, the stand alone wind turbine would be installed so that it is visible from a highway which bounds the curtilage of the dwellinghouse; or

(k) the stand alone wind turbine would be installed on land which is within an area of outstanding natural beauty, a World Heritage Site or a site of special scientific interest.

Conditions

H.3

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

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

(b) the stand alone wind turbine must, 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 or capable of microgeneration must be removed as soon as reasonably practicable.

Class I

Permitted Development

I

The temporary installation of an anemometry mast within the curtilage of a dwellinghouse.

Development not permitted

I.1

Development is not permitted by Class I if—

(a) it would result in the presence of more than one anemometry mast within the curtilage of the dwellinghouse;

(b) a stand alone wind turbine is installed within the curtilage of the dwellinghouse;

(d) the highest part of the anemometry mast (including apparatus fitted to the mast) would exceed 11.1 metres in height;

(e) any part of the anemometry mast (including apparatus fitted to the mast but excluding guy lines) would be located in a position which is less than a distance equivalent to the overall height (including apparatus fitted to the mast) of the anemometry mast plus 10 % of its height when measured from any point along the boundary of the curtilage;

(f) the anemometry mast would be installed on safeguarded land;

(g) the anemometry mast would be installed within the curtilage of a listed building;

(h) the anemometry mast would be installed on a site designated as a scheduled monument;

(i) in the case of land within a conservation area, the anemometry mast would be installed so that it is visible from a highway which bounds the curtilage of the dwellinghouse;

(j) the anemometry mast would be installed on land which is within an area of outstanding natural beauty, a World Heritage Site or a site of special scientific interest; or

(k) an anemometry mast has been installed within the curtilage of the dwellinghouse within the preceding 5 years.

Conditions

I.2

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

(a) the anemometry mast must, so far as practicable, be sited so as to minimise its effect on the amenity of the area;

(b) the developer must, within 7 days of commencing development, notify the local planning authority in writing of the development and its location; and

(c) on or before the expiry of a period of twelve months beginning with the date on which the development began, the anemometry mast must be removed.

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;

“anemometry mast” means a mast installed for the purpose of measuring wind speeds and directions;

“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;

“MSC Planning Standards” means the product and installation 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;

“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.

A.4

For the purposes of Class A(a) “the purposes of forestry” includes works for 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.

PART 43 — Installation of non-domestic energy generation equipment

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 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;

(b) the solar PV or solar thermal equipment would be installed on a flat roof and would protrude more than 1 metre above the plane of the roof;

(c) the solar PV or solar thermal equipment would be installed on a roof and within 1 metre of the external edge of the 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 or on land within a World Heritage Site, 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 building within the curtilage of a listed building; ...

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

(h) the solar PV or solar thermal equipment would be installed on a building within three kilometres of the perimeter of an airport or aerodrome.

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; ...

(ba) solar PV or solar thermal equipment must, so far as practicable, be sited so as to minimise any impacts from glint or glare; and

(c) solar PV or solar thermal equipment no longer needed for or capable of generation 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, 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 4 metres in height;

(ii) would, if installed on article 1(5) land or on land within a World Heritage Site, be installed so that it is visible from a highway which bounds the curtilage;

(iii) would be installed within 5 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; ...

(c) the surface area of the solar panels forming part of the stand alone solar would exceed 9 square metres or any dimension of its array (including any housing) would exceed 3 metres ; or

(d) the stand alone solar would be installed within three kilometres of the perimeter of an airport or aerodrome.

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; ...

(aa) stand alone solar must, so far as practicable, be sited so as to minimise any impacts from glint or glare; and

(b) stand alone solar which is no longer needed for or capable of generation 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.

Development not permitted

C.1

Development is not permitted by Class C if—

(a) in the case of the installation of a ground source heat pump, it would result in the presence within the curtilage of more than one ground source heat pump;

(b) the total area covered by the excavation to accommodate the ground source heat pump (including any pipes) exceeds 0.5 hectares;

(d) the ground source heat pump would be installed on a site designated as a scheduled monument ; or

(e) the capacity of the ground source heat pump exceeds 45 kilowatts thermal.

Conditions

C.2

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

(a) on the completion of the development the land must be restored, as soon as reasonably practicable, 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; and

(b) the ground source heat pump when no longer needed for or capable of microgeneration must be removed and the land must be restored, as soon as reasonably practicable, 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.

Development not permitted

D.1

Development is not permitted by Class D if—

(a) the total area covered by the water source heat pump (including any pipes) exceeds 0.5 hectares; or

(b) the capacity of the water source heat pump exceeds 45 kilowatts thermal.

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 1 metre or more, or

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

whichever is the highest;

(c) the installation of the flue would result in the installation on the same building of more than one flue forming part of either a biomass heating system or a combined heat and power system;

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

(e) the flue would be installed on a site designated as a scheduled monument; or

(f) in the case of a building on article 1(5) land or on land within a World Heritage Site, the flue would be installed on a wall or roof slope 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 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

F.1

Development is not permitted by Class F 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 1 metre or more, or

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

whichever is the highest;

(c) the installation of the flue would result in the installation on the same building of more than one flue forming part of either a biomass heating system or a combined heat and power system;

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

(e) the flue would be installed on a site designated as a scheduled monument; or

(f) in the case of a building on article 1(5) land or on land within a World Heritage Site, the flue would be installed on a wall or roof slope which fronts a highway.

Interpretation of Part 43

G

For the purposes of Part 43—

“aerodrome” does 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;

“airport” has the meaning given by section 66 of the Civil Aviation Act 2012;

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

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

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

“water source heat pump” means a heat pump where the collecting medium is water.

PART 4

1

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

2

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

A.4

(1) The following conditions apply to development permitted by Class A which exceeds the limits in paragraph A.1(e) but is allowed by paragraph A.1(ea).

(2) Before beginning the development the developer shall provide the following information to the local planning authority—

(a) a written description of the proposed development including—

(i) how far the enlarged part of the dwellinghouse extends beyond the rear wall of the original dwellinghouse;

(ii) the maximum height of the enlarged part of the dwellinghouse; and

(iii) the height of the eaves of the enlarged part of the dwellinghouse;

(b) a plan indicating the site and showing the proposed development;

(d) the developer’s contact address; and

(e) the developer’s email address if the developer is content to receive communications electronically.

(2A) The local planning authority may refuse an application where, in the opinion of the authority—

(a) the proposed development does not comply with, or

(b) the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with,

the conditions, limitations or restrictions applicable to development permitted by Class A which exceeds the limits in paragraph A.1(e) but is allowed by paragraph A.1(ea).

(2B) Paragraphs (3) to (5) and (7) shall not apply where a local planning authority refuses an application under paragraph (2A).

(3) The local planning authority shall notify owners or occupiers of any adjoining premises about the proposed development by serving on them a notice which—

(a) describes the proposed development, including—

(i) how far the enlarged part of the dwellinghouse extends beyond the rear wall of the original dwellinghouse;

(ii) the maximum height of the enlarged part of the dwellinghouse; and

(iii) the height of the eaves of the enlarged part of the dwellinghouse;

(b) provides the address of the proposed development;

(c) specifies the date when the information referred to in paragraph (2) was received by the local planning authority and the date when the period referred to in paragraph (8)(c) would expire; and

(d) specifies the date (being not less than 21 days from the date of the notice) by which representations are to be received by the local planning authority.

(4) The local planning authority must send a copy of the notice referred to in paragraph (3) to the developer.

(5) Where any owner or occupier of any adjoining premises objects to the proposed development, the prior approval of the local planning authority is required as to the impact of the proposed development on the amenity of any adjoining premises.

(6) The local planning authority may require the developer to submit such further information regarding the proposed development as the authority may reasonably require in order to determine the application.

(7) The local planning authority shall, when considering the impact referred to in paragraphs (5) and (6)—

(a) take into account any representations made as a result of the notice given under paragraph (3); and

(b) consider the amenity of all adjoining premises, not just adjoining premises which are the subject of representations.

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

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

(b) the receipt by the developer from the local planning authority of a written notice giving their prior approval; or

(c) the expiry of 42 days following the date on which the information referred to in paragraph (2) was received by the local planning authority without the local planning authority notifying the developer as to whether prior approval is given or refused.

(9) The development shall be carried out—

(a) where prior approval is required, in accordance with the details approved by the local planning authority;

(b) where prior approval is not required, or where paragraph (8)(c) applies, in accordance with the information provided under paragraph (2),

unless the local planning authority and the developer agree otherwise in writing.

(9A) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the impact of the proposed development on the amenity of any adjoining premises.

(10) The development shall be completed on or before 30th May 2016.

(11) The developer shall notify the local planning authority of the completion of the development as soon as reasonably practicable after completion.

(12) The notification referred to in paragraph (11) shall be in writing and shall include—

(a) the name of the developer;

(b) the address or location of the development, and

Interpretation of Class A

A.2

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

Class J

Permitted development

J

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

Development not permitted

Conditions

J.2

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

Class K

Permitted Development

Development not permitted

K.1

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

Conditions

K.2

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

Class L

Permitted development

L

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

Class M

Permitted development

M

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

Development not permitted

M.1

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

Conditions

M.2

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

M.3

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

Procedure for applications for prior approval under Part 3

N

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

Interpretation of Part 3

O

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

Class C

Permitted development

C

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

Development not permitted

C.1

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

Conditions

C.2

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

Interpretation of Class C

C.3

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

Class D

Permitted development

D

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

Development not permitted

D.1

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

Conditions

D.2

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

Interpretation of Class D

D.3

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

Interpretation of Part 4

E

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

A.2A

(1) The following conditions apply to development permitted by Class A which—

(a) exceeds the limit in paragraph A.1(d) but is allowed by paragraph A.1(da); or

(b) exceeds the limits in paragraph A.1(e) but is allowed by paragraph A.1(ea).

(2) The development shall be completed on or before 30th May 2016.

(3) The developer shall notify the local planning authority of the completion of the development as soon as reasonably practicable after completion.

(4) The notification shall be in writing and shall include—

(a) the name of the developer,

(b) the address or location of the development,

(c) a description of the development, including measurements and calculations relevant to the requirements of paragraphs A.1(da) and (ea), and

(d) the date of completion.

Interpretation of Part 32

C

For the purposes of Part 32—

(a) “school”—

(i) includes a building permitted by Class C of Part 4 of this Schedule (temporary buildings and uses) to be used temporarily as a school, from the date the local planning authority is notified as provided in paragraph C.2(b) of Class C of Part 4;

(ii) includes premises which have changed use under Class K of Part 3 of this Schedule (changes of use) to become a registered nursery; and

(iii) does not include a building which has permission to change use to use as a state-funded school or registered nursery only by virtue of Class MA of Part 3 of this Schedule (changes of use); and

(b) “registered nursery” and “state-funded school” have the meanings given in paragraph O of Part 3 of this Schedule (changes of use).

A.2A

(1) The following conditions apply to development permitted by Class A which exceeds the limits in paragraph A.1(a) but is allowed by paragraph A.1(aa).

(2) The development shall be completed on or before 30th May 2016.

(3) The developer shall notify the local planning authority of the completion of the development as soon as reasonably practicable after completion.

(4) The notification shall be in writing and shall include—

(a) the name of the developer,

(b) the address or location of the development,

(c) a description of the development, including measurements and calculations relevant to the requirements of paragraph A.1(aa), and

(d) the date of completion.

A.2A

(1) The following conditions apply to development permitted by Class A which—

(a) exceeds the limits in paragraph A.1(a) but is allowed by paragraph A.1(aa); or

(b) relies upon the disapplication of paragraph A.1(c) provided by paragraph A.1(ca).

(2) The development shall be completed on or before 30th May 2016.

(3) The developer shall notify the local planning authority of the completion of the development as soon as reasonably practicable after completion.

(4) The notification shall be in writing and shall include—

(a) the name of the developer,

(b) the address or location of the development,

(c) a description of the development, including measurements and calculations relevant to the requirements of paragraph A.1(aa), and

(d) the date of completion.

A.4A

Where Class A permits the installation, alteration or replacement of any electronic communications apparatus, the permission extends to any—

(a) casing or covering;

(b) mounting, fixing, bracket or other support structure;

(d) handrails, steps or ramps; or

(e) security equipment;

reasonably required for the purposes of the electronic communications apparatus.

A.4B

Nothing in paragraph A.4A extends the permission in Class A to include the installation, alteration or replacement of anything mentioned in paragraph A.4A(a) to (e) on any land which is, or is within, a site of special scientific interest if the inclusion of such an item would not have been permitted by Class A, as read without reference to paragraph A.4A.

Permitted development

A

The enlargement, improvement or other alteration of a dwellinghouse.

A.1

Development is not permitted by Class A if—

(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 be within 2 metres of the boundary of the curtilage of the dwellinghouse and—

(i) the height of the eaves of any part of the enlarged part which is within 2 metres of the boundary of the curtilage of the dwellinghouse would exceed 3 metres; or

(ii) the height of any part of the enlarged part which is within 2 metres of the boundary of the curtilage of the dwellinghouse would exceed 4 metres;

(e) the enlarged part of the dwellinghouse would extend beyond a wall comprised in the principal elevation of the original dwellinghouse;

(f) the enlarged part of the dwellinghouse would extend beyond a wall comprised in a side elevation of the existing dwellinghouse, and would be nearer to the highway than—

(i) the wall comprised in that side elevation which is nearest to the highway; or

(ii) any point 5 metres from the highway;

whichever is the nearer to the highway;

(g) the enlarged part of the dwellinghouse would extend beyond a wall comprised in a side elevation of the original dwellinghouse, would have a single storey and—

(i) the enlarged part of the dwellinghouse would exceed 4 metres in height; or

(ii) the width of the widest part of the resulting dwellinghouse would exceed the width of the widest part of the original dwellinghouse by more than 50%;

(h) the enlarged part of the dwellinghouse would extend beyond a wall comprised in a side elevation of the original dwellinghouse, would have more than one storey, either in its own right or if considered together with any part of the existing dwellinghouse, and—

(i) the enlarged part of the dwellinghouse would be within 10.5 metres of any boundary which is—

(aa) a boundary of the curtilage of the dwellinghouse; and

(bb) opposite the relevant side elevation;

(ii) the enlarged part of the dwellinghouse would be set back, by less than 1 metre, from the point nearest to that part in any wall comprised in the principal elevation of the original dwellinghouse; or

(iii) the width of the widest part of the resulting dwellinghouse would exceed the width of the widest part of the original dwellinghouse by more than 50%;

(i) the enlarged part of the dwellinghouse would extend beyond the rear wall of the original dwellinghouse, would have a single storey and would —

(i) extend beyond the relevant part or, as the case may be, any of the relevant parts of the rear wall of the original dwellinghouse by more than 4 metres; or

(ii) exceed 4 metres in height;

(j) the enlarged part of the dwellinghouse would extend beyond the rear wall of the original dwellinghouse, would have more than one storey, either in its own right or if considered together with any part of the existing dwellinghouse, and—

(i) the ground floor storey would extend beyond the relevant part or, as the case may be, any of the relevant parts of the rear wall of the original dwellinghouse by more than 4 metres;

(ii) the first floor or higher storey would extend beyond the relevant part or, as the case may be, any of the relevant parts of the rear wall of the original dwellinghouse by more than 3 metres; or

(iii) the first floor or higher storey would be within 10.5 metres of any boundary which is—

(aa) a boundary of the curtilage of the dwellinghouse; and

(bb) opposite the rear wall of the dwellinghouse;

(k) it would consist of or include external wall insulation which projects from that part of the exterior of the dwellinghouse to which it is affixed by more than 16 centimetres; or

(l) it would consist of or include—

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

(ii) the construction or provision of a balcony which—

(aa) contains a platform of any description;

(bb) projects from the part of the exterior of the dwellinghouse to which it is affixed by more than 30 centimetres;

(cc) if projected downwards in a vertical line to ground level, is within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant side elevation; or

(dd) would be affixed to a wall comprised in the principal elevation of the dwellinghouse;

(iii) the construction or provision of a roof terrace, whether or not it would incorporate associated railings, fencing or other means of enclosure;

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

(v) the installation, alteration or replacement of a chimney;

(vi) the installation, alteration or replacement of an air source heat pump, solar PV or solar thermal equipment or a flue forming part of a biomass heating system or combined heat and power system;

(vii) the installation of shutters on any part of the principal elevation of the dwellinghouse; or

(viii) an alteration to any part of the roof of the dwellinghouse, being an alteration which does not fall within paragraphs A.1(l)(i) to(vii).

A.2

In the case of a dwellinghouse on article 1(5) land or within a World Heritage Site, 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 existing dwellinghouse with stone, artificial stone, pebble dash, render, timber, plastic, metal or tiles;

(b) it would consist of or include external wall insulation;

(c) the enlarged part of the dwellinghouse would have a single storey, would extend beyond a wall comprised in a side elevation of the original dwellinghouse and would—

(i) extend beyond the relevant part or, as the case may be, any of the relevant parts of a wall comprised in a side elevation of the original dwellinghouse by more than 3 metres; or

(ii) be set back, by less than 1 metre, from the nearest point in any wall comprised in the principal elevation of the original dwellinghouse; or

(d) the enlarged part of the dwellinghouse would have more than one storey, either in its own right or if considered together with any part of the existing dwellinghouse.

Conditions

A.3

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

(a) the appearance of the materials used in the walls, roof or other element of any exterior work must so far as practicable match the appearance of the materials used in the majority of the equivalent element of the existing dwellinghouse;

(b) if any element of an upper-floor window located in a wall, roof slope or other element of a side elevation of the dwellinghouse would, if projected downwards in a vertical line to ground level, be within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant wall or roof slope, then the window must be—

(i) obscure-glazed;

(ii) non-opening unless any part of the window which can be opened is, when measured at any point along the lowest edge of that part, at least 1.7 metres above the internal floor or stair of the dwellinghouse directly below that point; and

(iii) permanently maintained in compliance with paragraphs A.3(b)(i) and (ii); and

(c) where the enlarged part of the dwellinghouse has more than one storey, the roof pitch of the enlarged part must, so far as practicable, match the roof pitch of the existing dwellinghouse.

Interpretation of Class A

A.4

For the purposes of paragraph A.1(b)—

(a) in determining the height of the highest part of the roof of the existing dwellinghouse, no account is to be taken of any relevant structure projecting from that roof;

(b) in the determination of the height of the highest part of the dwellinghouse enlarged, improved or altered, account is to be taken of any relevant structure comprised in that part; and

A.5

In determining the height of the eaves for the purposes of paragraphs A.1(c) and A.1(d)—

(a) the determination is to be made by reference to the point where the external walls of the dwellinghouse would, if projected upwards, meet the lowest point of the upper surface of the roof; but

(b) no account is to be taken of any parapet wall or any part of the roof slope which overhangs the external walls of the dwellinghouse; and

(c) where the existing dwellinghouse has eaves at differing heights, a determination for the purposes of paragraph A.1(c) is to be made by reference to the eaves of the part of the existing dwellinghouse from which the enlarged, improved or altered part of the dwellinghouse extends.

A.6

For the purposes of paragraphs A.1(e) and A.1(f), the enlarged part of the dwellinghouse is to be determined to extend beyond a wall referred to in those paragraphs if it would be in front of —

(a) In the case of a wall referred to in paragraph A.1(e)—

(i) that wall in its original form; or

(ii) that wall as it would exist if its original form were to have been extended, continuing the line of the wall, from each of its side edges to the boundary of the present curtilage of the dwellinghouse; or

(b) In the case of a wall referred to in paragraph A.1(f)—

(i) that wall as it exists; or

(ii) that wall as it would exist if it were to be extended, continuing the line of the wall, from each of its side edges to the boundary of the curtilage of the dwellinghouse.

A.7

In determining the height of the enlarged part of the dwellinghouse for the purposes of paragraph A.1(g)(i) or A.1(i)(ii), account is to be taken of any parapet wall, firewall, chimney or other roof furniture or similar structure comprised in that part.

A.8

For the purposes of paragraph A.1(g)(ii) or A.1 (h)(iii) “resulting dwellinghouse” means the dwellinghouse as enlarged, improved or altered, taking into account any enlargement, improvement or alteration to the original dwellinghouse, whether permitted by this Part or not.

B

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

B.1

Development is not permitted by Class B if—

(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;

(c) any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope which—

(i) is comprised in a side elevation of the existing dwellinghouse; and

(ii) is within 10.5 metres from a highway opposite the side elevation of the dwellinghouse;

(d) 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;

(e) other than in the case of a hip to gable enlargement, any part of the enlargement would be less than 20 centimetres from the eaves of the existing roof;

(f) it would consist of or include—

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

(ii) the construction or provision of a balcony which—

(aa) contains a platform of any description;

(bb) projects from the part of the exterior of the dwellinghouse to which it is affixed by more than 30 centimetres; or

(cc) if projected downwards in a vertical line to ground level, is within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant side elevation; or

(iii) the construction or provision of a roof terrace, whether or not it would incorporate associated railings, fencing or other means of enclosure; or

(g) the dwellinghouse is on article 1(5) land or within a World Heritage Site.

Conditions

B.2

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

(a) the appearance of the materials used in each element of any exterior work must so far as practicable match the appearance of the materials used in the equivalent element of the existing dwellinghouse; and

(b) if any element of a window inserted on a roof slope or other element of a side elevation of the dwellinghouse would, if projected downwards in a vertical line to ground level, be within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant side elevation, then the window must be—

(i) obscure-glazed;

(ii) non-opening unless any part of the window which can be opened is, when measured at any point along the lowest edge of that part, at least 1.7 metres above the internal floor or stair of the dwellinghouse directly below that point; and

(iii) permanently maintained in compliance with the requirements of paragraphs B.2 (b) (i) and (ii).

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.

B.4

In determining the height of the highest part of the existing roof for the purposes of paragraph B.1(a), no account is to be taken of any parapet wall, firewall, chimney or other roof furniture or similar structure projecting from that roof.

B.5

For the purposes of paragraph B.1(b), a hip to gable extension which would result in the enlargement of the area of an existing roof slope forming the principal elevation of the dwellinghouse is not to be taken to be development extending beyond the plane of that roof slope.

B.6

For the purposes of paragraph B.1(e)—

(a) measurement to the eaves is to be made to the point where the external walls of the dwellinghouse would, if projected upwards, meet the lowest point of the upper surface of the roof; but

(b) no account is to be taken of any parapet wall or any part of the roof surface which overhangs the external walls of the dwellinghouse.

C

Any other alteration to the roof of a dwellinghouse.

C.1

Development is not permitted by Class C if—

(a) the alteration would protrude more than 15 centimetres 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;

(i) the installation, alteration or replacement of a chimney;

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

(iii) the installation, alteration or replacement of an air source heat pump, solar PV, solar thermal equipment or a flue forming part of a biomass heating system or combined heat and power system;

(iv) the construction or provision of a veranda or raised platform;

(v) the construction or provision of a balcony which—

(aa) contains a platform of any description;

(bb) projects from the part of the exterior of the dwellinghouse to which it is affixed by more than 30 centimetres; or

(cc) if projected downwards in a vertical line to ground level, is within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant side elevation;

(vi) the construction or provision of a roof terrace, whether or not it would incorporate associated railings, fencing or other means of enclosure;

(vii) the removal of a chimney from a dwellinghouse on article 1(5) land or within a World Heritage Site; or

(d) the alteration would consist of or include the insertion of a roof light into a roof slope and the dwellinghouse is on article 1(5) land or within a World Heritage Site.

Conditions

C.2

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

(a) the appearance of the materials used in each element of any exterior work must so far as practicable match the appearance of the materials used in the equivalent element of the existing dwellinghouse; and

(b) if any element of a window inserted on a roof slope or other element of a side elevation of the dwellinghouse would, if projected downwards in a vertical line to ground level, be within 10.5 metres of any boundary of the curtilage of the dwellinghouse opposite the relevant side elevation, the window must be—

(i) obscure-glazed;

(ii) non-opening unless any part of the window which can be opened is, when measured at any point along the lowest edge of that part, at least 1.7 metres above the internal floor or stair of the dwellinghouse directly below that point; and

(iii) permanently maintained in compliance with paragraphs C.2(b)(i) and (ii).

Interpretation of Class C

C.3

For the purposes of paragraph C.1(b)—

(a) in the determination of the height of the highest part of the original roof, no account is to be taken of any relevant structure projecting from that roof;

(b) in the determination of the height of the highest part of the alteration, account is to be taken of any relevant structure comprised in the alteration; and

D

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

D.1

Development is not permitted by Class D if—

(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 between the curtilage of the dwellinghouse and a highway.

E

The provision within the curtilage of the dwellinghouse of—

(a) any building or enclosure, raised platform, 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, enclosure, platform or pool; or

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

E.1

Development is not permitted by Class E if—

(a) the total area of ground covered by buildings, enclosures, raised platforms, pools 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, raised platform, pool or container would extend beyond a wall comprised in the principal elevation of the original dwellinghouse;

(c) any part of the building, enclosure, raised platform, pool or container would extend beyond a wall comprised in a side elevation of the existing dwellinghouse, and would be nearer to the highway than—

(i) the wall comprised in that side elevation which is nearest to the highway; or

(ii) any point 5 metres from the highway;

whichever is the nearer to the highway;

(d) the building would have more than one storey;

(e) the height of any part of the building, enclosure or container, measured from the surface of the ground immediately adjacent to that part, would exceed—

(i) 4 metres in the case of a building having a roof with more than one pitch;

(ii) 3 metres in any other case;

(f) any part of the building, enclosure or container would be—

(i) within 2 metres of the boundary of the curtilage of the dwellinghouse; and

(ii) exceed 2.5 metres in height above the surface of the ground immediately adjacent to it;

(g) the height of the eaves of the building, measured at any point along their length, would exceed 2.5 metres;

(h) any part of the building, enclosure, pool or container would —

(i) be situated within 2 metres of the dwellinghouse; and

(ii) exceed 1.5 metres in height above the surface of the ground immediately adjacent to it;

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

(j) it would include the construction or provision of a veranda, balcony or raised platform of which any part is more than 30 centimetres above the surface of the ground directly below it;

(k) it would include the enlargement, improvement or other alteration of any part of a dwellinghouse;

(l) it would include the installation, alteration or replacement of a microwave antenna; or

(m) 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 on article 1(5) land or within a World Heritage Site, development is not permitted by Class E if—

(a) 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;

(b) any part of the building, enclosure, pool or container would be situated on land between a wall comprised in a side elevation of the existing dwellinghouse and the section of the boundary of the curtilage of the dwellinghouse which faces that wall.

E.3

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.

E.4

For the purposes of paragraphs E.1(b) and E.1(c), a part of a building, enclosure, pool or container is to be determined to extend beyond a wall referred to in those paragraphs if it would be in front of—

(a) in the case of a wall referred to in paragraph E.1(b)—

(i) that wall in its original form; or

(ii) that wall as it would exist if its original form were to have been extended, continuing the line of the wall, from each of its side edges to the boundary of the present curtilage of the dwellinghouse; or

(b) in the case of a wall referred to in paragraph E.1 (c)—

(i) that wall as it exists; or

(ii) that wall as it would exist if it were to be extended, continuing the line of the wall, from each of its side edges to the boundary of the curtilage of the dwellinghouse.

E.5

In determining the height of the eaves for the purposes of paragraph E.1(g)—

(a) the determination is to be made by reference to the point where the external walls or other structure supporting the roof meet, or would meet if projected upwards, the lowest point of the upper surface of the roof; but

(b) no account is to be taken of any parapet wall or any part of the roof slope which overhangs the external walls or other structure supporting the roof.

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.

Development not permitted

F.1

Development is not permitted by Class F within the curtilage of a listed building.

Conditions

F.2

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

(a) the area of ground to be covered by the hard surface is situated forward of the principal elevation of the dwellinghouse and between the principal elevation and a highway, or

(b) the area of hard surface to be replaced would be forward of the principal elevation of the dwellinghouse and between the principal elevation and a highway, and (taking into account any area of hard surface previously replaced) would exceed 5 square metres,

the hard surface must be —

(i) porous or permeable; or

(ii) provided to direct run-off water from the hard surface to a porous or permeable area or surface within the curtilage of the dwellinghouse; and

(iii) permanently maintained so that it continues to comply with the requirements of paragraph (i) and (ii).

Interpretation of Class F

F.3

For the purposes of F.2—

“previously replaced” means replaced without compliance with that condition within the 6 month period prior to undertaking the development in question; and

the “principal elevation” is (i) the wall of the principal elevation in its original form; or (ii) that wall as it would exist if its original form were to have been extended, continuing the line of the wall, from each of its side edges to the boundary of the present curtilage of the dwellinghouse.

G

The installation, alteration or replacement of a chimney on a dwellinghouse.

G.1

Development is not permitted by Class G if—

(a) the height of the chimney would exceed the highest part of the roof by 1 metre or more; or

(b) the dwellinghouse is located on article 1(5) land or within a World Heritage Site.

Interpretation of Class G

G.2

In determining the height of the highest part of the roof for the purposes of paragraph G.1(a), no account is to be taken of any parapet wall, firewall, chimney or other roof furniture or similar structure projecting from the roof.

H

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

H.1

Development is not permitted by Class H if—

(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 one metre 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 or a World Heritage Site, it would consist of the installation of an antenna—

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

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

H.2

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

(a) an antenna installed on a building must, 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 must be removed as soon as reasonably practicable.

Interpretation of Class H

H.3

For the purposes of paragraph H.1(a), the length of an antenna is to be measured in any linear direction, and any projecting feed element, reinforcing rim, mounting or bracket is to be excluded.

H.4

The maximum number of antennas for the purpose of paragraph H.1(a) includes any small cell system permitted under Class A of Part 24 , but excludes Regulation 2020/1070 small cell systems to the extent that they are permitted by paragraph A.1(q) of Part 24.

H.5

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 one metre in length.

H.6

For the purposes of paragraph H.1(d)(i), an antenna is to be treated as visible from a highway if it would be so visible save for intervening trees or other vegetation.

Interpretation of Part 1

I.1

For the purposes of Part 1—

“raised” in relation to a platform means a platform with a height greater than 30 centimetres; 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).

I.2

In the determination of the principal and other elevations of a dwellinghouse for the purposes of Part 1—

(a) an elevation may comprise more than one wall;

(b) a principal elevation must be determined in relation to the dwellinghouse;

(i) is the elevation of the dwellinghouse which is the first in importance, taking into account the design and architectural features of the dwellinghouse; and

(ii) is not to comprise more than one elevation of the dwellinghouse;

(d) the elevation of the dwellinghouse which is determined to be the principal elevation—

(i) is to be deemed also to be the front elevation of the dwellinghouse; and

(ii) the side and rear elevations of the dwellinghouse are to be determined accordingly.

Development not permitted

B.1

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

B.4

For the purposes of paragraph B.2(b)(ii), roof tiles, guttering, fascias, barge boards and other minor roof details overhanging the external wall of the original dwellinghouse are not to be considered part of the enlargement.

Development not permitted

F.A1

Development is not permitted by Class F where 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).

Conditions

Class CA

Permitted development

CA

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

Development not permitted

CA.1

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

Conditions

CA.2

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

Interpretation of Class CA

CA.3

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

Class IA

Permitted development

IA

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

Development not permitted

IA.1

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

Conditions

IA.2

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

Class MA

Permitted development

MA

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

Development not permitted

MA.1

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

Conditions

MA.2

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

Class MB

Permitted development

MB

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

Development not permitted

MB.1

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

Conditions

MB.2

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

A

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

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 10 metres of a boundary of the curtilage of the premises, 5 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 10 metres of a boundary of the curtilage of the premises, 5 metres;

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

(d) the gross floor space of any new building erected would exceed 100 square metres;

(e) 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 within a World Heritage Site, or 25% in any other case; or

(ii) 500 square metres in respect of development on any article 1(5) land or within a World Heritage Site, 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.

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 may 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 must, in the case of article 1(5) land or land within a World Heritage Site, 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 must, in the case of article 1(5) land or land within a World Heritage Site, be constructed using materials which have a similar external appearance to those used for the building being extended or altered.

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; and

(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.

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

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.

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.

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 condition that the hard surface must be—

(a) porous or permeable; or

(b) provided to direct run-off water from the hard surface to a porous or permeable area or surface within the curtilage of the industrial building or warehouse; and

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.

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 1 July 1948 was for the deposit of material resulting from the winning and working of minerals.

Class E

Permitted development

E

The erection or construction of a refuse or cycle store within the curtilage of an industrial building or warehouse.

Development not permitted

E.1

Development is not permitted by Class E if—

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

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

(i) 5 metres of any boundary of the curtilage of the premises; or

(ii) 20 metres of any building used for residential purposes;

(d) the development would be on article 1(5) land;

(e) the development would be on land within a World Heritage Site;

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

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

Condition

E.2

Development is permitted by Class E subject to the condition that the building or enclosure is only used for the storage of refuse or bicycles.

Interpretation of Class E

E.3

For the purposes of Class E—

“cycle store” means a building or enclosure designed to be used for the storage of bicycles;

“refuse store” means a building or enclosure designed to be used for the storage of refuse which may include recycling; and

“residential purposes” means a building used for any purpose within Part C of the Schedule to the Use Classes Order, as a hostel or as a flat and includes buildings used in part for residential purposes and in part for other purposes.

Interpretation of Part 8

F

For the purposes of Part 8—

“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.

A

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

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 5 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 5 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 5 metres;

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

(i) if within 10 metres of a boundary of the curtilage of the premises, 5 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;

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

(h) 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; or

(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 may 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 must, in the case of article 1(5) land or land within a World Heritage Site, 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 must, in the case of article 1(5) land or land within a World Heritage Site 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

The erection or construction of a refuse or cycle store within the curtilage of a school, college, university or hospital building.

Development not permitted

B.1

Development is not permitted by Class B if—

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

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

(i) 5 metres of any boundary of the curtilage of the premises; or

(ii) 20 metres of any building used for residential purposes;

(d) the development would be on article 1(5) land;

(e) the development would be on land within a World Heritage Site;

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

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

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 refuse or bicycles.

Interpretation of Class B

B.3

For the purposes of Class B—

“cycle store” means a building or enclosure designed to be used for the storage of bicycles;

“refuse store” means a building or enclosure designed to be used for the storage of refuse which may include recycling; and

“residential purposes” means a building used for any purpose within Part C of the Schedule to the Use Classes Order, as a hostel or as a flat and includes buildings used in part for residential purposes and in part for other purposes.

PART 41 — OFFICE BUILDINGS

Class A

Permitted development

A

A. The extension or alteration of an office building.

Development not permitted

A.1

Development is not permitted by Class A if—

(a) 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;

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

(i) if within 10 metres of a boundary of the curtilage of the premises, 5 metres; or

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

(d) the development would be on article 1(5) land;

(e) the development would be on land within a World Heritage Site;

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

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

Conditions

A.2

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

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

(b) any office building as extended or altered must be constructed using materials which have a similar external appearance to those used for the building being extended or altered; and

Interpretation of Class A

A.3

For the purposes of Class 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.

Class B

Permitted Development

B

The erection or construction of a refuse or cycle store within the curtilage of an office building.

Development not permitted

B.1

Development is not permitted by Class B if—

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

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

(i) 5 metres of any boundary of the curtilage of the premises; or

(ii) 20 metres of any building used for residential purposes;

(d) the development would be on article 1(5) land;

(e) the development would be on land within a World Heritage Site;

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

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

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 refuse or bicycles.

Interpretation of Class B

B.3

For the purposes of Class B—

“cycle store” means a building or enclosure designed to be used for the storage of bicycles;

“refuse store” means a building or enclosure designed to be used for the storage of refuse which may include recycling; and

“residential purposes” means a building used for any purpose within Part C of the Schedule to the Use Classes Order, as a hostel or as a flat and includes buildings used in part for residential purposes and in part for other purposes.

Interpretation of Part 41

C

For the purposes of Part 41 “office building” means a building used for any purpose within Class B1(a) of the Schedule to the Use Classes Order.

PART 42 — SHOPS, FOOD AND DRINK ESTABLISHMENTS AND FINANCIAL OR PROFESSIONAL SERVICES ESTABLISHMENTS

Class A

Permitted development

A

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) 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.

(b) the height of the building as extended would exceed 4 metres;

(c) any part of the development, other than an alteration, would be within 2 metres of any boundary of the curtilage of the premises;

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

(e) the development would be on article 1(5) land;

(f) the development would be on land within a World Heritage Site;

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

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

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

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

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

Conditions

A.2

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

(a) any alteration is at ground floor level only; and

(b) any extension or alteration may 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 30 centimetres; and

(c) “shop or financial or professional services establishment” means 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 within 20 metres of any building used for residential purposes;

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

(e) the development would be on article 1(5) land;

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.