(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) The first report under this article must be published before the end of the period of five years beginning with 6th April 2016.

(4) Reports under this article are afterwards to be published at intervals not exceeding five years.

Revocations and saving

Interpretation of Class O

O.3

For the purposes of Class O, “commercial premises” means any premises normally used for the purpose of any commercial or industrial undertaking which existed on the date of application under paragraph O.2(1), and includes any premises licensed under the Licensing Act 2003 or any other place of public entertainment.

Class PA – premises in light industrial use to dwellinghouses

Permitted development

PA

Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class B1(c) (light industrial) of the Schedule to the Use Classes Order to a use falling within Class C3 (dwellinghouses) of that Schedule.

Development not permitted

PA.1

Development is not permitted by Class PA if—

(a) an application under paragraph PA.2(1) in respect of the development is received by the local planning authority on or before 30th September 2017;

(b) the building was not used solely for a light industrial use on 19th March 2014 or, in the case of a building which was in use before that date but was not in use on that date, when it was last in use;

(d) the gross floor space of the existing building exceeds 500 square metres;

(e) the site is occupied under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained;

(f) less than 1 year before the date the development begins—

(i) an agricultural tenancy over the site has been terminated, and

(ii) the termination was for the purpose of carrying out development under this Class,

unless both the landlord and the tenant have agreed in writing that the site is no longer required for agricultural purposes;

(g) the site is, or forms part of—

(i) a site of special scientific interest;

(ii) a safety hazard area;

(iii) a military explosives storage area;

(h) the building is a listed building or is within the curtilage of a listed building; or

(i) the site is, or contains, a scheduled monument.

Conditions

PA.2

(1) Development is permitted by Class PA subject to the condition that before beginning the development, the developer must—

(a) submit a statement, which must accompany the application referred to in paragraph (b), to the local planning authority setting out the evidence the developer relies upon to demonstrate that the building was used solely for a light industrial use on the date referred to in paragraph PA.1(b);

(b) apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—

(i) transport and highways impacts of the development,

(ii) contamination risks in relation to the building,

(iii) flooding risks in relation to the building,

(iv) where the authority considers the building to which the development relates is within an area that is important for providing industrial services or storage or distribution services or a mix of those services (which includes, where the development relates to part of a building, services provided from any other part of the building), whether the introduction of, or an increase in, a residential use of premises in the area would have an adverse impact on the sustainability of the provision of those services,

(v) the provision of adequate natural light in all habitable rooms of the dwellinghouses,

and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

(2) Development under Class PA is permitted subject to the condition that it must be completed within a period of 3 years starting with the prior approval date.

Interpretation of Class PA

PA.3

For the purposes of Class PA—

“curtilage” (except in paragraph PA.1(h)) means—the piece of land, whether enclosed or unenclosed, immediately beside or around the building in light industrial use, closely associated with and serving the purposes of that building, oran area of land immediately beside or around the building in light industrial use no larger than the land area occupied by the building,whichever is the lesser;

“industrial services” means services provided from premises with a light industrial use or a use falling within Class B2 (general industrial) of the Schedule to the Use Classes Order;

“light industrial use” means a use falling within Class B1(c) (light industrial) of the Schedule to the Use Classes Order;

“storage or distribution services” means services provided from premises with a use falling within Class B8 (storage or distribution) of the Schedule to the Use Classes Order.

Class JA – temporary use of land etc in respect of petroleum exploration

Permitted development

JA

Development on any land during a period not exceeding 28 consecutive days consisting of the drilling of boreholes for the purposes of—

(a) carrying out groundwater monitoring;

(b) carrying out seismic monitoring; or

which is preparatory to potential petroleum exploration, and the provision or assembly on that land or adjoining land of any structure required in connection with any of those drilling, monitoring or locating and appraising operations.

Development not permitted

JA.1

Development is not permitted by Class JA if—

(a) any operation would be carried out within 50 metres of any part of an occupied residential building or a building occupied as a hospital or school;

(b) any operation would be carried out within a National Park, an area of outstanding natural beauty, a site of archaeological interest, a site of special scientific interest or the Broads;

(d) any structure assembled or provided would exceed 15 metres in height, or, where the structure would be within 3 kilometres of the perimeter of an aerodrome, 3 metres in height;

(e) in the case of boreholes for locating and appraising the condition of mines, the borehole exceeds 160 metres in depth; or

(f) drilling would be carried out within a protected groundwater source area.

Conditions

JA.2

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

(a) no operations are carried out between 6.00pm and 7.00am;

(b) no trees on the land are removed, felled, lopped or topped and no other thing is done on the land likely to harm or damage any trees, unless the mineral planning authority have so agreed in writing;

(c) within a period of 28 days from the cessation of operations unless the mineral planning authority have agreed otherwise in writing—

(i) any structure permitted by Class JA and any waste material arising from other development so permitted is removed from the land;

(ii) any borehole is adequately sealed;

(iii) the surface of the land on which any operations have been carried out is levelled and any topsoil replaced as the uppermost layer, and

(iv) the land is, so far as is practicable, restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting;

(d) the developer notifies the Environment Agency and the relevant drinking water supply undertaker in writing of its intention to carry out the development (specifying the nature and location of the development), and no development takes place until 28 days after that notification; and

(e) in the case of boreholes for locating and appraising the condition of mines, the developer notifies the Coal Authority in writing of its intention to carry out the development (specifying the nature and location of the development), and no development takes place until 28 days after that notification.

Interpretation of Class JA

JA.3

(1) For the purposes of Class JA, “protected groundwater source area” means any land at a depth of less than 1,200 metres beneath a relevant surface area.

(2) In paragraph (1), “relevant surface area” means any land at the surface that is—

(a) within 50 metres of a point at the surface at which water is abstracted from underground strata and which is used to supply water for domestic or food production purposes, or

(b) within or above a zone defined by a 50-day travel time for groundwater to reach a groundwater abstraction point that is used to supply water for domestic or food production purposes.

Class KA – use of land etc in respect of petroleum exploration

Permitted development

KA

Development on any land consisting of the drilling of boreholes for the purposes of—

(a) carrying out groundwater monitoring;

(b) carrying out seismic monitoring; or

Development not permitted

KA.1

Development is not permitted by Class KA if—

(a) the developer has not previously notified the mineral planning authority in writing of its intention to carry out the development (specifying the nature and location of the development);

(b) the relevant period has not elapsed;

(d) any structure assembled or provided would exceed 15 metres in height; or

(e) in the case of boreholes for locating and appraising the condition of mine operations, the borehole exceeds 160 metres in depth.

Conditions

KA.2

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

(a) the development is carried out in accordance with the details in the notification referred to in paragraph KA.1(a), unless the mineral planning authority has otherwise agreed in writing;

(b) no trees on the land are removed, felled, lopped or topped and no other thing is done on the land likely to harm or damage any trees, unless specified in detail in the notification referred to in paragraph KA.1(a) or the mineral planning authority has otherwise agreed in writing;

(c) within a period of 28 days from operations ceasing, unless the mineral planning authority has agreed otherwise in writing—

(i) any structure permitted by Class KA and any waste material arising from other development so permitted is removed from the land;

(ii) any borehole is adequately sealed;

(iii) the surface of the land is levelled and any topsoil replaced as the uppermost layer; and

(iv) the land is, so far as is practicable, restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting;

(d) the developer notifies the Environment Agency and the relevant drinking water supply undertaker in writing of its intention to carry out the development (specifying the nature and location of the development), and no development takes place until 28 days after that notification;

(e) in the case of boreholes for locating and appraising the condition of mines, the developer notifies the Coal Authority in writing of its intention to carry out the development (specifying the nature and location of the development), and no development takes place until 28 days after that notification; and

(f) the development ceases no later than a date which is—

(i) in the case of development involving the drilling of boreholes for groundwater monitoring, 24 months; and

(ii) in other cases, 6 months,

after the elapse of the relevant period, unless the mineral planning authority has otherwise agreed in writing.

Interpretation of Class KA

KA.3

For the purposes of Class KA, “relevant period” means the period elapsing—

(a) where a direction is not issued under article 5, 28 days after the notification referred to in paragraph KA.1(a) or, if earlier, on the date on which the mineral planning authority notifies the developer in writing that it will not issue such a direction, or

(b) where a direction is issued under article 5, 28 days from the date on which notice of that decision is sent to the Secretary of State, or, if earlier, the date on which the mineral planning authority notifies the developer that the Secretary of State has disallowed the direction.

Prior approval

Intepretation of Class A

Class CA – provision of a temporary state-funded school on previously vacant commercial land

Permitted Development

CA

Development consisting of the provision of temporary school buildings on vacant commercial land and the use of that land as a state-funded school falling within Class F.1(a) (provision of education) of Schedule 2 to the Use Classes Order for up to 3 academic years.

Development not permitted

CA.1

Development is not permitted by Class CA if—

(a) the new buildings provided would cover more than 50% of the total area of the site;

(b) the total floor space of the new buildings provided would exceed 2,500 square metres;

(c) the land was last used more than 10 years before the date on which the developer applies for prior approval under paragraph CA.2(1)(b);

(d) the site is, or forms part of—

(i) a site of special scientific interest,

(ii) a safety hazard area, or

(iii) a military explosives storage area;

(e) where any land adjacent to the site is used for a purpose within Part C of the Schedule to the Use Classes Order (residential purposes), any part of any temporary building provided is within 5 metres of the boundary of the curtilage of that residential land; or

(f) the height of any new building provided would exceed 7 metres.

Conditions

CA.2

(1) Development is permitted by Class CA subject to the following conditions—

(a) the site must be approved for use as a state-funded school by the relevant Minister;

(b) before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the local planning authority will be required as to—

(i) transport and highways impacts of the development,

(ii) noise impacts of the development,

(iii) contamination risks of the site,

(iv) flooding risks on the site, and

(v) the siting and design of the development,

and the provisions of sub-paragraphs (2) to (13) of paragraph W (prior approval) of Part 3 of this Schedule apply in relation to that application, subject to the modifications in paragraph CA.2(2);

(d) the permission is granted for 3 academic years and it may be used only once in relation to a particular site; and

(e) any building is removed from the land at the end of the third academic year or, if earlier, when it is no longer required for use as a state-funded school, and the land is restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer.

(2) Sub-paragraphs (2) to (13) of paragraph W (prior approval) of Part 3 of this Schedule are to be read as if—

(a) in sub-paragraph (2)(a), the words following “proposed development” were omitted;

(b) sub-paragraph (2)(ba) were omitted; and

Interpretation of Class CA

CA.3

For the purposes of Class CA—

“academic year”, “relevant Minister” and “state-funded school” have the meanings given in paragraph C.3;

“prior approval date” means the date on which—prior approval is given; ora determination that such prior approval is not required is given or the period for giving such a determination set out in paragraph W(11)(c) of Part 3 of this Schedule (as applied with modifications by paragraph CA.2(2)) has expired without the applicant being notified whether prior approval is required, given or refused; and

“vacant commercial land” means any land on which—all buildings have been demolished; and which was last used for a purpose falling within one of the following provisions of the Use Classes Order— Class C1 (hotels) of Schedule 1;Class C2 (residential institutions) of Schedule 1;Class C2A (secure residential institutions) of Schedule 1;Class E (commercial, business and service) of Schedule 2.

Class AA – drinking establishments with expanded food provision

Permitted Development

AA.Development consisting of a change of use of a building and any land within its curtilage—

(a) from a use falling within Class A4 of the Schedule to the Use Classes Order to a use falling within Class A4 (drinking establishments) with a use falling within Class A3 (restaurants and cafes) (“drinking establishments with expanded food provision”); and

(b) from a use as a drinking establishment with expanded food provision to a use falling within Class A4 (drinking establishments).

Prior approval applications: modified procedure in relation to call-in of applications

7ZA

(1) This article applies where the Secretary of State is considering exercising the power under section 77(1) of the Act (reference of applications to Secretary of State) in relation to a prior approval application.

(2) Where this article applies, the Secretary of State must give notice in writing (“the pause notice”) to the relevant local planning authority stating that the Secretary of State is considering exercising the power.

(3) Where the Secretary of State decides not to exercise the power the Secretary of State must give notice in writing to the local planning authority to that effect (“the release notice”).

(4) Subject to paragraph (5), the local planning authority must take no further action in relation to that prior approval application from the date it receives the pause notice until the day after the date on which—

(a) it receives the release notice; or

(b) the Secretary of State makes a direction under section 77(1) of the Act in relation to the application (“the call-in direction”).

(5) Where the local planning authority has not satisfied a consultation and notification provision at the date it receives the pause notice—

(a) such provision continues to apply to the local planning authority whether or not the Secretary of State makes a call-in direction in relation to the prior approval application in question; and

(b) the local planning authority must inform the Secretary of State as soon as they have satisfied that provision.

(6) Where the Secretary of State gives a pause notice, the period—

(a) beginning with the day after the date on which the Secretary of State gives the pause notice; and

(b) ending on the day after the date on which the Secretary of State gives the release notice,

shall not be counted for the purpose of calculating any time period for decision under article 7.

(7) Where the Secretary of State makes a call-in direction in relation to a prior approval application the provisions of Schedule 2 (except a consultation and notification provision) apply to such an application as if the references to a local planning authority were to the Secretary of State.

(8) Where the Secretary of State makes a call-in direction in relation to a prior approval application any deemed prior approval provision shall have no effect in relation to such an application.

(9) In this article—

“consultation and notification provision” means a provision in Schedule 2 in relation to a prior approval application which requires the local planning authority to—give notice of a proposed development;consult in relation to a proposed development; and/orgive notice to consultees;

“deemed prior approval provision” means a provision in Schedule 2 in reliance on which, after the expiry of a time period for decision under article 7 where the application has not been determined, development may begin; and

“prior approval application” has the same meaning as in section 69A(2) of the Act.

Review

Revocations and saving

Interpretation of Class Q

Q.3

For the purposes of Class Q—

“larger dwellinghouse” means a dwellinghouse developed under Class Q which has a floor space of more than 100 square metres and no more than 465 square metres having a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order;

“smaller dwellinghouse” means a dwellinghouse developed under Class Q which has a floor space of no more than 100 square metres having a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order.

CA. Development consisting of the provision of temporary school buildings on vacant commercial land and the use of that land as a state-funded school for up to 3 academic years.

Interpretation of Class E

E.3

For the purposes of Class E—

“block of flats” means a building which consists of at least two flats.

Class JA – retail, takeaway, betting office, pay day loan shop, and launderette uses to offices

Permitted development

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

Development not permitted

JA.1

Development is not permitted by Class JA if—

(a) the building was not used for one of the uses referred to in Class JA(a) or (b)—

(i) on 29th October 2018, or

(ii) in the case of a building which was in use before that date but was not in use on that date, when it was last in use;

(b) permission to use the building for a use falling within Class A1 (shops) or Class A2 (financial and professional services) of the Schedule to the Use Classes Order has been granted only by this Part;

(c) the development (together with any previous development under Class JA) would result in more than 500 square metres of floor space in the building having changed use under Class JA; or

(d) the building is—

(i) on article 2(3) land;

(ii) in a site of special scientific interest;

(iii) in a safety hazard area;

(iv) in a military explosives storage area;

(v) a listed building, or within the curtilage of a listed building; or

(vi) a scheduled monument or contains a scheduled monument.

Conditions

JA.2(1)

Where the development proposed is development under Class JA, development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to—

(a) transport and highways impacts of the development;

(b) whether it is undesirable for the building to change use to a use falling within Class B1(a) (offices) of the Schedule to the Use Classes Order because of the impact of the change of use—

(i) on adequate provision of services of the sort that may be provided by a building falling within Class A1 (shops), Class A2 (financial and professional services) or Class A5 (hot food takeaway) of that Schedule or, as the case may be, as a launderette, but only where there is a reasonable prospect of the building being used to provide such services; or

(ii) where the building is located in a key shopping area, on the sustainability of that shopping area; and

the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

(2) Development under Class JA is permitted subject to the condition that—

(a) development must be completed within a period of 3 years starting with the prior approval date; and

(b) a building which has changed use under Class JA is to be used as an office within the meaning of Class B1(a) (offices) of the Schedule to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use as such an office.

Class DA - Restaurants and cafes, drinking establishments and drinking establishments with expanded food provision to temporarily provide takeaway food

Permitted Development

DA

Development consisting of a change of use of a building and any land within its curtilage from—

(a) a use falling within—

(i) article 3(6)(p) (drinking establishments etc.) of the Use Classes Order;

(ii) article 3(6)(q) (drinking establishments with expanded food provision) of that Order; or

(iii) Class E(b) (sale of food and drink mostly for consumption on the premises) of Schedule 2 to that Order; or

(b) a mixed use for any purpose within article 3(6)(p) and Class E(b), ...

to a use, at any time during the period beginning with 10.00 a.m. on 24th March 2020 and ending with 23rd March 2022 (“the relevant period”), for the provision of takeaway food.

Conditions

DA.1

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

(a) the developer must notify the local planning authority if the building and any land within its curtilage is being used, or will be used, for the provision of takeaway food at any time during the relevant period;

(b) for the purposes of the Use Classes Order and this Order, change of use to the provision of takeaway food under Class DA during the relevant period does not affect the use class which the building and any land within its curtilage had before the change of use; and

(c) if the developer changes use to the provision of takeaway food under Class DA during the relevant period, the use of the building and any land within its curtilage reverts to its previous lawful use at the end of the relevant period or, if earlier, when the developer ceases to provide takeaway food under Class DA.

Interpretation of Class DA

DA.2

For the purposes of Class DA—

the “provision of takeaway food” includes any use for any purpose within article 3(6)(r) of the Use Classes Order, and any use for the provision of hot or cold food that has been prepared for consumers for collection or delivery to be consumed, reheated or cooked by consumers off the premises.

PART 12A — Development by Local Authorities and Health Service Bodies

Class A - Emergency development by a local authority or health service body

Permitted development

A

Development by or on behalf of a local authority or health service body on land owned, leased, occupied or maintained by it for the purposes of—

(a) preventing an emergency;

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

Development not permitted

A.1

Development is not permitted by Class A if—

(a) any part of the development is on land which is, or forms part of—

(ii) a military explosive storage area;

(iii) a site of special scientific interest;

(b) the land or building is, or contains, a scheduled monument;

(c) any part of the development would be carried out within 5 metres of any boundary of the curtilage of a dwellinghouse;

(d) the height of any new building exceeds—

(i) a height of 6 metres above ground where any part of the new building is within 10 metres of any boundary of the land; or

(ii) the height of the highest part of the roof of the original building, or a height of 18 metres above the ground, whichever is the greater;

(e) the height of any building enlarged, improved or altered exceeds—

(i) the height of the highest part of the roof of the original building, or a height of 6 metres above the ground, whichever is the greater, where any part of the enlarged, improved or altered building is within 10 metres of any boundary of the curtilage of the original building; or

(ii) the height of the highest part of the roof of the original building, or a height of 18 metres above the ground, whichever is the greater; or

(f) any moveable structure, works, plant or machinery required temporarily and in connection with and for the duration of the development would be located in a position—

(i) within 10 metres of any boundary of the curtilage of a dwellinghouse, or

(ii) within 5 metres of any boundary of the land.

Conditions

A.2

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

(a) if the developer is not the local planning authority, the developer must, as soon as practicable after commencing development, notify the local planning authority of the development;

(b) any use of the land for the purposes of Class A ceases on or before 31st December 2022; and

(c) on or before the expiry of a period of 12 months beginning with the date on which the use of the land ceases for the purpose of Class A—

(i) any building, works, plant, machinery, structure and erection permitted by Class A is removed; and

(ii) the land is restored to its condition before the development took place, or, if the developer is not also the local planning authority, to such other state as may be agreed in writing between the local planning authority and the developer.

Interpretation of Class A

A.3

—

(1) For the purposes of Class A—

“emergency” means an event or situation which threatens serious damage to human welfare in a place in the United Kingdom;

“health service body” means—the National Health Service Commissioning Board;the Care Quality Commission; an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006;...the Health Research Authority;...the Human Fertilisation and Embryology Authority;the Human Tissue Authority;Monitor;the National Institute for Health and Care Excellence;a Special Health Authority established under section 28 of that Act;an NHS trust in England as defined in section 25 of that Act;an NHS foundation trust in England, as referred to in section 30(1) of that Act;a company formed under section 223 of that Act and wholly owned by the Secretary of State.

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

(a) loss of human life;

(b) human illness or injury;

(d) damage to property;

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

(f) disruption of a system of communication;

(g) disruption of facilities for transport; or

(h) disruption of services relating to health.

(3) For the purposes of Class A, where 2 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 BA - additional temporary use of land during the relevant period

Permitted development

BA

The use of any land, in addition to that permitted by Class B of Part 4 of Schedule 2, for any purposes for not more than 28 days in total during the relevant period, of which no more than 14 days in total may be for the purposes of —

(a) the holding of a market;

(b) motor car and motorcycle racing including trials of speed, and practising for these activities,

Development not permitted

BA

Development is not permitted by Class BA if—

(a) the land in question is a building or is within the curtilage of a listed building;

(b) the use of the land is for a caravan site;

(i) motor car and motorcycle racing including trials of speed or other motor sports, and practising for these activities;

(ii) clay pigeon shooting; or

(iii) any war game, or

(d) the use of the land is for the display of an advertisement.

Interpretation of Class BA

BA

For the purposes of Class BA—

In calculating the number of days during which development is permitted, no account is to be taken of any day during which development is permitted under Class B of Part 4, or Class BA of Part 12, of this Schedule; and

“the relevant period” means 1st January 2021 to 31st December 2021.

Class BA - holding of a market by or on behalf of a local authority

Permitted development

B

The use of any land for the purposes of holding a market by or on behalf of a local authority and the provision on the land of any moveable structure for the permitted use ....

Development not permitted

B

Development is not permitted by Class BA if the land—

(a) is, or is within, a site of special scientific interest; or

(b) is, or contains, a scheduled monument.

Interpretation of Part 12

C

For the purposes of Part 12, “local authority” includes a parish council , a National Park authority and the Broads Authority.

PART 20 — Construction of New Dwellinghouses

Class A - New dwellinghouses on detached blocks of flats

Permitted development

A

Development consisting of works for the construction of up to two additional storeys of new dwellinghouses immediately above the existing topmost residential storey on a building which is a purpose-built, detached block of flats, together with any or all—

(a) engineering operations reasonably necessary to construct the additional storeys and new dwellinghouses;

(b) works for the replacement of existing plant or installation of additional plant on the roof of the extended building reasonably necessary to service the new dwellinghouses;

(c) works for the construction of appropriate and safe access to and egress from the new and existing dwellinghouses, including means of escape from fire, via additional external doors or external staircases;

(d) works for the construction of storage, waste or other ancillary facilities reasonably necessary to support the new dwellinghouses.

Development not permitted

A.1

Development is not permitted by Class A if—

(a) the permission to use any building as a dwellinghouse has been granted only by virtue of Class M, MA, N, O, P, PA or Q of Part 3 of this Schedule;

(b) above ground level, the building is less than 3 storeys in height;

(d) the additional storeys are constructed other than on the principal part of the building;

(e) the floor to ceiling height of any additional storey, measured internally, would exceed the lower of—

(i) 3 metres; or

(ii) the floor to ceiling height, measured internally, of any storey of the principal part of the existing building;

(f) the new dwellinghouses are not flats;

(g) the height of the highest part of the roof of the extended building would exceed the height of the highest part of the roof of the existing building by more than 7 metres (not including plant, in each case);

(h) the height of the highest part of the roof of the extended building (not including plant) would be greater than 30 metres;

(i) development under Class A.(a) would include the provision of visible support structures on or attached to the exterior of the building upon completion of the development;

(j) development under Class A.(a) would consist of engineering operations other than works within the existing curtilage of the building to—

(i) strengthen existing walls;

(ii) strengthen existing foundations; or

(iii) install or replace water, drainage, electricity, gas or other services;

(k) in the case of Class A.(b) development there is no existing plant on the building;

(l) in the case of Class A.(b) development the height of any replaced or additional plant as measured from the lowest surface of the new roof on the principal part of the extended building would exceed the height of any existing plant as measured from the lowest surface of the existing roof on the principal part of the existing building;

(m) development under Class A.(c) would extend beyond the curtilage of the existing building;

(n) development under Class A.(d) would—

(i) extend beyond the curtilage of the existing building;

(ii) be situated on land forward of a wall forming the principal elevation of the existing building; or

(iii) be situated on land forward of a wall fronting a highway and forming a side elevation of the existing building;

(o) the land or site on which the building is located, is or forms part of—

(i) article 2(3) land;

(ii) a site of special scientific interest;

(iii) a listed building or land within its curtilage;

(iv) a scheduled monument or land within its curtilage;

(v) a safety hazard area;

(vi) a military explosives storage area; or

(vii) land within 3 kilometres of the perimeter of an aerodrome.

Conditions

A.2

—

(1) Where any development under Class A is proposed, development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for prior approval of the authority as to—

(a) transport and highways impacts of the development;

(b) air traffic and defence asset impacts of the development;

(d) flooding risks in relation to the building;

(e) the external appearance of the building;

(f) the provision of adequate natural light in all habitable rooms of the new dwellinghouses;

(g) impact on the amenity of the existing building and neighbouring premises including overlooking, privacy and the loss of light; ...

(h) whether because of the siting of the building, the development will impact on a protected view identified in the Directions Relating to Protected Vistas dated 15 March 2012 issued by the Secretary of State, ...

(i) where the existing building is 18 metres or more in height, the fire safety of the external wall construction of the existing building, ; and

(j) where the development meets the fire risk condition, the fire safety impacts on the intended occupants of the building

and the provisions of paragraph B (prior approval) of this Part apply in relation to that application.

(2) Any development under Class A is permitted subject to the condition that it must be completed within a period of 3 years starting with the date prior approval is granted.

(3) Any development under Class A is permitted subject to the condition that before beginning the development, the developer must provide the local planning authority with a report for the management of the construction of the development, which sets out the proposed development hours of operation and how any adverse impact of noise, dust, vibration and traffic on occupiers of the building and adjoining owners or occupiers will be mitigated.

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

(5) The notification referred to in sub-paragraph (4) must be in writing and must include—

(a) the name of the developer;

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

(6) Any new dwellinghouse created under Class A is to remain in use as a dwellinghouse within the meaning of Class C3 of the Schedule to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use as a dwellinghouse.

Procedure for applications for prior approval under Part 20

B

—

(1) The following provisions apply where under this Part, a developer is required to make an application to a local planning authority for prior approval.

(1A) The application, if made in relation to development proposed under Class ZA, must be accompanied by—

(a) a written description of the proposed development, which must include details of the building proposed for demolition, the building proposed as replacement and the operations proposed under paragraph ZA(3);

(b) a plan, drawn to an identified scale and showing the direction of North, indicating the site of the proposed development;

(i) the building proposed for demolition,

(ii) the building scheduled as replacement,

and, in the direction of North, the positioning of each, together with the applicable information called for by sub-paragraph (1B);

(d) a written statement specifying—

(i) the number of dwellinghouses in the building proposed for demolition, and

(ii) the number of new dwellinghouses proposed in the building proposed as replacement,

(e) where sub-paragraph (6) requires the Environment Agency to be consulted, a site-specific flood risk assessment;

(f) a written statement in respect of heritage and archaeological considerations of the development;

(g) the developer’s contact address; and

(h) the developer’s email address if the developer is content to receive communications electronically;

together with any fee required to be paid.

(1B) The information referred to in sub-paragraph (1A)(c), which so far as practicable, is to be presented in the direction of North and to show elevations is—

(a) where the building proposed as replacement is a block of flats—

(i) the position and dimensions of windows, doors and walls in the block and in each dwellinghouse in it, and

(ii) the dimensions and use of all habitable and other rooms in each dwellinghouse in it;

(b) where the building proposed as replacement is a single dwellinghouse—

(i) the position and dimensions of the windows, doors and walls in it, and

(ii) the dimensions and use of all habitable and other rooms in it.

(1C) Sub-paragraph (2) does not apply to any application made in relation to development proposed under Class ZA.

(2) The application must be accompanied by—

(a) a written description of the proposed development, which, in relation to development proposed under any of Classes A to AD, must include details of any dwellinghouse and other works proposed under paragraph A(a) to (d), AA(1)(a) to (d), AB(3)(a) to (d), AC(2)(a) to (c), or AD(2)(a) to (c) (as the case may be);

(b) a plan which is drawn to an identified scale and shows the direction of North indicating the site and showing the proposed development;

(c) floor plans which are drawn to an identified scale and show the direction of North indicating the total floor space in square metres of each dwellinghouse, the dimensions and proposed use of each room, the position and dimensions of windows, doors and walls, and the existing and proposed elevations of the building;

(d) a written statement specifying the number of new dwellinghouses proposed by the development (that is, additional to any dwellinghouses in the existing building);

(e) a list of all addresses of any flats and any other premises in the existing building;

(f) the developer’s contact address;

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

(h) where—

(i) sub-paragraph (6) requires the Environment Agency to be consulted, a site-specific flood risk assessment;

(ii) sub-paragraph (6A) requires the Health and Safety Executive to be consulted, a statement about the fire safety design principles, concepts and standards that have been applied to the development; , and

(i) where the application for prior approval relates to the requirement mentioned in paragraph A.2(1)(i) or AA.2(1)(k), a report from a chartered engineer or other competent professional confirming that the external wall construction of the existing building complies with paragraph B4(1) of Schedule 1 to the Building Regulations 2010,

together with any fee required to be paid.

(3) 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,

any conditions, limitations or restrictions specified in this Part as being applicable to the development in question.

(4) Sub-paragraphs (5) to (10) and (12) do not apply where a local planning authority refuses an application under sub-paragraph (3) and for the purposes of section 78 (appeals) of the Act such a refusal is to be treated as a refusal of an application for approval.

(5) Where the application relates to prior approval as to transport and highways impacts of the development, on receipt of the application where in the opinion of the local planning authority the development is likely to result in a material increase or a material change in the character of traffic in the vicinity of the site, the local planning authority must consult—

(a) where the increase or change relates to traffic entering or leaving a trunk road, the highway authority for the trunk road;

(b) the local highway authority, where the increase or change relates to traffic entering or leaving a classified road or proposed highway, except where the local planning authority is the local highway authority; and

(c) the operator of the network which includes or consists of the railway in question, and the Secretary of State for Transport, where the increase or change relates to traffic using a level crossing over a railway.

(6) Where the application relates to prior approval as to the flooding risks on the site, on receipt of the application, the local planning authority must consult the Environment Agency where the development is—

(a) in an area within Flood Zone 2 or Flood Zone 3; or

(b) in an area within Flood Zone 1 which has critical drainage problems and which has been notified to the local planning authority by the Environment Agency for the purpose of paragraph (zc)(ii) in the Table in Schedule 4 to the Procedure Order.

(6A) Where the application relates to prior approval as to fire safety impacts, on receipt of the application, the local planning authority must consult the Health and Safety Executive.

(7) Where the application relates to prior approval as to the impact on air traffic or defence assets, the local planning authority must consult any relevant operators of aerodromes, technical sites or defence assets and where appropriate the Civil Aviation Authority and the Secretary of State for Defence.

(8) Where an aerodrome, technical site or defence asset is identified on a safeguarding map provided to the local planning authority, the local planning authority must not grant prior approval contrary to the advice of the operator of the aerodrome, technical site or defence asset, the Civil Aviation Authority or the Secretary of State for Defence.

(9) Where the application relates to prior approval as to natural light, the local planning authority must refuse prior approval if adequate natural light is not provided in all the habitable rooms of the dwellinghouses.

(9A) Where the application relates to prior approval under paragraph A.2(1)(i) or AA.2(1)(k), the local planning authority must refuse prior approval if the application is not accompanied by the report mentioned in subparagraph (2)(i) above.

(10) Where the application relates to prior approval as to the impact on protected views, the local planning authority must consult Historic England, the Mayor of London and any local planning authorities identified in the Directions Relating to Protected Vistas dated 15th March 2012 issued by the Secretary of State.

(10A) Where the application relates to a prior approval as to the impact of the development on heritage and archaeology, the local planning authority must so far as they consider reasonably practicable consult any bodies that they consider to have heritage and archaeological expertise relevant to their functions under Part 3 of the Act and this Order.

(11) The local planning authority must notify the consultees referred to in sub-paragraphs (5), (6), (6A) (7), (10) and (10A) specifying the date by which they must respond, being not less than 21 days from the date the notice is given.

(12) The local planning authority must give notice of the proposed development—

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

(i) describes the proposed development;

(ii) provides the address of the proposed development; and

(iii) specifies the date by which representations are to be received by the local planning authority;

(b) unless the proposed development falls within Class ZA, by serving a notice in that form on all owners and occupiers of any flats and any other premises within the existing building; and

(13) When computing the number of days in sub-paragraphs (11) and (12)(a), any day which is a public holiday must be disregarded.

(14) The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application, which may include—

(a) assessments of impacts or risks;

(b) statements setting out how impacts or risks are to be mitigated, having regard to the National Planning Policy Framework ...; or

(15) The local planning authority must, when determining an application—

(a) take into account any representations made to them as a result of any consultation under sub-paragraph (5), (6), (7) or (10) and any notice given under sub-paragraph (12);

(b) have regard to the National Planning Policy Framework ..., so far as relevant to the subject matter of the prior approval, as if the application were a planning application; and

(i) determine whether, as a result of the proposed development, taking into account any proposed mitigation, the site will be contaminated land as described in Part 2A of the Environmental Protection Act 1990, and in doing so have regard to the Contaminated Land Statutory Guidance issued by the Secretary of State for the Environment, Food and Rural Affairs in April 2012, and

(ii) if they determine that the site will be contaminated land, refuse to give prior approval.

(16) The development must not begin before the receipt by the applicant from the local planning authority of a written notice giving their prior approval.

(17) The development must be carried out in accordance with the details approved by the local planning authority.

(18) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.

Interpretation of Part 20

C

(1) For the purposes of Part 20—

“agricultural tenancy” means a tenancy under—the Agricultural Holdings Act 1986; orthe Agricultural Tenancies Act 1995;

“block of flats” means a building which is divided horizontally and consists of separate and self-contained premises constructed for use for the purposes of a dwellinghouse, and any ancillary facilities constructed solely for use by occupiers of the building;

“defence asset” is a site identified on a safeguarding map provided to the local planning authority for the purposes of a direction made by the Secretary of State in exercise of the powers conferred by article 31(1) of the Procedure Order or any previous powers to the like effect;

“detached” means that the building does not share a party wall with a neighbouring building;

“flat” means a separate and self-contained premises constructed for use for the purposes of a dwellinghouse;

“footprint”, in relation to a building, means the total area of ground covered by it;

“habitable rooms” means any rooms used or intended to be used for sleeping or living which are not solely used for cooking purposes, but does not include bath or toilet facilities, service rooms, corridors, laundry rooms, hallways or utility rooms;

“principal part” means the main part of the building excluding any front, side or rear extension of a lower height, whether this forms part of the original building or a subsequent addition;

“purpose-built”, in relation to a building (whether a block of flats or a dwellinghouse), means built as such and remaining as such; ...

“row”, in relation to a terrace building, means the row of two or more terrace buildings of which it forms part, where each building in the row—shares a party wall with, or has a main wall adjoining the main wall of, the building on either side; orif it is the end of a row—in the case of a row comprising more than two buildings, it shares a party wall with, or has a main wall adjoining the main wall of, a building which fulfils the requirements of paragraph (a); orin the case of a row comprising only two buildings, it shares a party wall with, or has a main wall adjoining the main wall of, the other building in the row;

“technical sites” has the same meaning as in ... the Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) Direction 2002.

“terrace building” means a building which is not detached.

(a) any storey below ground level; or

(b) any accommodation within the roof of a building, whether comprising part of the original building or created by a subsequent addition or alteration,

and accordingly, references to an “additional storey” include a storey constructed in reliance on the permission granted by this Part which replaces accommodation within the roof of the existing building.

(2) In Part 20 references to a “storey” do not include—

(a) any storey below ground level; or

(b) any accommodation within the roof of a building, whether comprising part of the original building or created by a subsequent addition or alteration,

(3) In Part 20, development meets the fire risk condition if the development relates to a building which will—

(a) contain two or more dwellinghouses; and

(b) satisfy the height condition in paragraph (3), read with paragraph (7), of article 9A (fire statements) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

Class AA - enlargement of a dwellinghouse by construction of additional storeys

Permitted development

AA

The enlargement of a dwellinghouse consisting of the construction of—

(a) up to two additional storeys, where the existing dwellinghouse consists of two or more storeys; or

(b) one additional storey, where the existing dwellinghouse consists of one storey,

immediately above the topmost storey of the dwellinghouse, together with any engineering operations reasonably necessary for the purpose of that construction.

Development not permitted

AA.1

Development is not permitted by Class AA if—

(a) permission to use the dwellinghouse as a dwellinghouse has been granted only by virtue of Class G, M, MA, N, O, P, PA or Q of Part 3 of this Schedule (changes of use);

(b) the dwellinghouse is located on—

(i) article 2(3) land; or

(ii) a site of special scientific interest;

(d) the existing dwellinghouse has been enlarged by the addition of one or more storeys above the original dwellinghouse, whether in reliance on the permission granted by Class AA or otherwise;

(e) following the development the height of the highest part of the roof of the dwellinghouse would exceed 18 metres;

(f) following the development the height of the highest part of the roof of the dwellinghouse would exceed the height of the highest part of the roof of the existing dwellinghouse by more than—

(i) 3.5 metres, where the existing dwellinghouse consists of one storey; or

(ii) 7 metres, where the existing dwellinghouse consists of more than one storey;

(g) the dwellinghouse is not detached and following the development the height of the highest part of its roof would exceed by more than 3.5 metres—

(i) in the case of a semi-detached house, the height of the highest part of the roof of the building with which it shares a party wall (or, as the case may be, which has a main wall adjoining its main wall); or

(ii) in the case of a terrace house, the height of the highest part of the roof of every other building in the row in which it is situated;

(h) the floor to ceiling height of any additional storey, measured internally, would exceed the lower of—

(i) 3 metres; or

(ii) the floor to ceiling height, measured internally, of any storey of the principal part of the existing dwellinghouse;

(i) any additional storey is constructed other than on the principal part of the dwellinghouse;

(j) the development would include the provision of visible support structures on or attached to the exterior of the dwellinghouse upon completion of the development; or

(k) the development would include any engineering operations other than works within the curtilage of the dwellinghouse to strengthen its existing walls or existing foundations.

Conditions

AA.2

(1) Development is permitted by Class AA subject to the conditions set out in sub-paragraphs (2) and (3).

(2) The conditions in this sub-paragraph are as follows—

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

(b) the development must not include a window in any wall or roof slope forming a side elevation of the dwelling house;

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