The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2011

Made: 30th August 2011

Laid before Parliament: 6th September 2011

Coming into force in accordance with article 1

The Secretary of State, in exercise of the powers conferred by sections 59, 60, 61 and 333(7)of the Town and Country Planning Act 1990[^f00001], makes the following Order:

Citation, commencement and application

1

• (1) This Order may be cited as the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2011 and shall come into force—

• (a) for all purposes other than those of article 2(4), on 1st October 2011, and

• (b) for the purposes of article 2(4), with effect from 1st December 2011.

• (2) This Order applies in relation to England only.

Amendment of the Town and Country Planning (General Permitted Development) Order 1995

2

• (1) The Town and Country Planning (General Permitted Development) Order 1995[^f00002] is amended as follows.

• (2) In Part 2 of Schedule 2 (minor operations), after Class C insert—

(D) The installation, alteration or replacement, within an area lawfully used for off-street parking, of an electrical outlet mounted on a wall for recharging electric vehicles. (D.1) Development is not permitted by Class D if the outlet and its casing would— (a) exceed 0.2 cubic metres; (b) face onto and be within two metres of a highway; (c) be within a site designated as a scheduled monument; or (d) be within the curtilage of a listed building. (D.2) Development is permitted by Class D subject to the conditions that when no longer needed as a charging point for electric vehicles— (a) the development shall be removed as soon as reasonably practicable; and (b) the wall on which the development was mounted or into which the development was set shall, as soon as reasonably practicable, and so far as reasonably practicable, be reinstated to its condition before that development was carried out. (E) The installation, alteration or replacement, within an area lawfully used for off-street parking, of an upstand with an electrical outlet mounted on it for recharging electric vehicles. (E.1) Development is not permitted by Class E if the upstand and the outlet would— (a) exceed 1.6 metres in height from the level of the surface used for the parking of vehicles; (b) be within two metres of a highway; (c) be within a site designated as a scheduled monument; (d) be within the curtilage of a listed building; or (e) result in more than one upstand being provided for each parking space. (E.2) Development is permitted by Class E subject to the conditions that when the development is no longer needed as a charging point for electric vehicles— (a) the development shall be removed as soon as reasonably practicable; and (b) the land on which the development was mounted or into which the development was set shall, as soon as reasonably practicable, and so far as reasonably practicable, be reinstated to its condition before that development was carried out.

• (3) In Part 12 of Schedule 2 (development by local authorities), for Class A substitute—

(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. (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[^f00003] (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.

• (4) For Part 40 of Schedule 2 (installation of domestic microgeneration equipment) substitute Part 40 as set out in the Schedule to this Order.

SCHEDULE

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Greg Clark — Minister of State — Department for Communities and Local Government — 30th August 2011

Editorial notes

[^key-9c7d71139f0efd685ddceba7bf3003b5]: Art. 1 in force at 1.10.2011, see art. 1(1)(a)

[^key-682d8ecc0a6e18de74da62ba548f4ce7]: Art. 2(4) in force at 1.10.2011, see art. 1(1)(a)

[^key-97fd9fcd66b2f336d6da92180308555d]: Art. 2(1)-(3) in force at 1.12.2011, see art. 1(1)(b)

[^key-29975f8a2726c8ffd7ca3660002dedd2]: Sch. in force at 1.10.2011, see art. 1(1)(a)

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends Part 40 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418). This Part confers permitted development rights for the installation of certain microgeneration equipment on a dwellinghouse or within its curtilage. Some of these rights also apply to a block of flats. Where permitted development rights apply, no specific application for planning permission is required.

Article 2 (2) inserts new classes D and E into Part 2 of Schedule 2 (minor operations). These create permitted development rights for the installation, alteration or replacement of electric vehicle charging points in off-street car parks. Article 2(3) substitutes a new class A in Part 12 of Schedule 2 (development by local authorities). It provides new permitted development rights for a local authority or urban development corporation to erect or construct and maintain, improve or alter electric vehicle charging points and associated infrastructure.

Article 2 (4) and the Schedule to this Order substitute a new Part 40 of Schedule 2 to the Order. The new Part 40 confers permitted development rights for the installation of specified types of microgeneration equipment on or within the curtilage of dwellinghouses or blocks of flats subject to certain criteria. It makes minor changes to Classes A to F of Part 40 and introduces three new classes of permitted development rights to install certain types of microgeration equipment. These are the installation, alteration or replacement of an air source heat pump (Class G) a wind turbine mounted on a building (Class H) and a stand alone wind turbine (Class I). The rights to fix wind turbines to buildings apply only to equipment installed on a detached dwellinghouse or to a detached building within the curtilage of a dwellinghouse or block of flats.

An impact assessment has been prepared in relation to this Order. The assessment has been placed in the Library of each House of Parliament and copies may be obtained from the Department for Communities and Local Government, Bressenden Place, London, SW1E 5DU (Telephone 0303 44 41729).

This Order was notified in draft to the European Commission in accordance with 98/34/EC[^f00006] as amended by Directive 98/48/EC[^f00007].

Footnotes

[^f00001]: 1990c.8; to which there are amendments not relevant to this Order. These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order; S.I. 1999/672; see the entry in article 2 of and Schedule 1 to the Town and Country Planning Act 1990 (c.8). By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32), they were transferred to the Welsh Ministers.

[^f00002]: S.I. 1995/418. Relevant amendments were made by S.I. 2008/675.

[^f00003]: 1980 c. 65.

[^f00004]: 2004 c.20.

[^f00005]: Issue 1.0 dated 19 August 2011 published by Gemserv Limited

[^f00006]: OJ L204/37 vol 41 21 July 1998

[^f00007]: OJ L217/18 vol 41 5 July 1998