The Town and Country Planning (General Permitted Development) (England) Order 2015

Type Statutory-Instrument
Publication 2015-03-18
Last updated 2026-04-09
State In force
Department King's Printer of Acts of Parliament
PDF Download
articles Not indexed
Reform history JSON API
  • (a) the erection of any additional building within the curtilage of another building is to be treated as the extension of that building and the additional building is not to be treated as an original building;
  • (b) where 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 in connection with the extension or alteration of either of them.
  • (6) In Class C, “the purposes of agriculture” includes fertilising land used for the purposes of agriculture and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used.
  • (7) In Class A(a), “reasonably necessary for the purposes of agriculture” includes, in relation to the erection, extension or alteration of a building, for housing a biomass boiler or an anaerobic digestion system; for storage of fuel for or waste from that boiler or system; or for housing a hydro-turbine.
  • (8) In Class B(a), “reasonably necessary for the purposes of agriculture” includes, in relation to the extension or alteration of an agricultural building, for housing a biomass boiler or an anaerobic digestion system; for storage of fuel for or waste from that boiler or system; or for housing a hydro-turbine.

Class E – forestry developments

Permitted development

E

The carrying out on land used for the purposes of forestry, including afforestation, of development reasonably necessary for those purposes consisting of—

  • (a) works for the erection, extension or alteration of a building;
  • (b) the formation, alteration or maintenance of private ways;
  • (c) operations on that land, or on land held or occupied with that land, to obtain the materials required for the formation, alteration or maintenance of such ways;
  • (d) other operations (not including engineering or mining operations).

Development not permitted

E

Development is not permitted by Class E if—

  • (a) it would consist of or include the provision or alteration of a dwelling;
  • (b) the height of any building or works within 3 kilometres of the perimeter of an aerodrome would exceed 3 metres in height;
  • (c) any part of the development would be within 25 metres of the metalled portion of a trunk road or classified road; or
  • (d) any building for storing fuel for, or waste from, a biomass boiler or an anaerobic digestion system would be used for storing waste not produced by that boiler or system or for storing fuel not produced on land which is occupied together with that building for the purposes of forestry.

Conditions

E
  • (1) Subject to sub-paragraph (3), development consisting of the erection of a building or the extension or alteration of a building or the formation or alteration of a private way is permitted by Class E subject to the following conditions—
  • (a) the developer must, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way;
  • (b) the application must be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site together with any fee required to be paid;
  • (c) the development must not begin before the occurrence of one of the following—
  • (i) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
  • (ii) where the local planning authority give the applicant notice within 28 days following the date of receiving the applicant's application of their determination that such prior approval is required, the giving of such approval;
  • (iii) the expiry of 28 days following the date on which the application under sub-paragraph (1)(b) was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;
  • (d) where the local planning authority give the applicant notice that such prior approval is required, the applicant must—
  • (i) display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant;
  • (ii) where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to in paragraph (d)(i) has elapsed, the applicant is treated as having complied with the requirements of that sub-paragraph if the applicant has taken reasonable steps for protection of the notice and, if need be, its replacement;
  • (e) the development must, except to the extent that the local planning authority otherwise agree in writing, be carried out—
  • (i) where prior approval is required, in accordance with the details approved;
  • (ii) where prior approval is not required, in accordance with the details submitted with the application; and
  • (f) the development must be carried out—
  • (i) where approval has been given by the local planning authority, within a period of 5 years from the date on which approval was given,
  • (ii) in any other case, within a period of 5 years from the date on which the local planning authority were given the information referred to in paragraph (b).
  • (2) In the case of development consisting of the significant extension or the significant alteration of the building such development may be carried out only once.
  • (3) Sub-paragraph (1) does not preclude the extension or alteration of a building if the building is not on article 2(4) land except in the case of a significant extension or a significant alteration.

Interpretation of Class E

E
  • (1) For the purposes of Class E—
  • “significant extension” or “significant alteration” means any extension or alteration, as the case may be, of the building where the cubic content of the original building would be exceeded by more than 10% or the height of the building as extended or altered would exceed the height of the original building; and
  • site notice” means a notice containing—the name of the applicant,the address or location of the proposed development,a description of the proposed development and of the materials to be used,a statement that the prior approval of the authority will be required as to the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way,the name and address of the local planning authority,and which is signed and dated by or on behalf of the applicant.
  • (2) For the purposes of Class E, development that is reasonably necessary for 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 7 — Non-domestic extensions, alterations etc

Class A – extensions etc of commercial, business or service premises

Permitted development

A

The extension or alteration of a commercial, business or service establishment.

Development not permitted

A

Development is not permitted by Class A if—

  • (a) the gross floor space of the original building would be exceeded by more than—
  • (i) in respect of an original building or a development on—
  • (aa) article 2(3) land, or
  • (bb) a site of special scientific interest,

25% or 50 square metres (whichever is the lesser);

  • (ii) in any other case, 50% or 100 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)—
  • (i) is on land which—
  • (aa) adjoins other premises which are used for a purpose falling within any of the classes in Part C (residential premises or institutions) of Schedule 1 to the Use Classes Order,
  • (bb) is article 2(3) land, or
  • (cc) is a site of special scientific interest, and
  • (ii) is 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) any alteration would be on article 2(3) land;
  • (f) the development would consist of or include the construction or provision of a verandah, balcony or raised platform;
  • (g) any part of the development would extend beyond the front of any existing building ;
  • (h) the development would involve the insertion or creation of a new shop front or the alteration or replacement of an existing shop front; or
  • (i) the development would involve the installation or replacement of a security grill or shutter on a shop front.

Conditions

A

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

  • (a) any alteration is at ground floor level only;
  • (b) any extension is, in the case of article 2(3) land, constructed using materials which have a similar external appearance to those used for the building being extended; and
  • (c) any extension or alteration is only to be used as part of, or for a purpose incidental to, the use of the commercial, business or service establishment.

Interpretation of Class A

A

For the purposes of Class A—

  • raised platform” means a platform with a height greater than 0.3 metres, and
  • commercial, business or service premises” means a building, or part of a building, used for any purpose within Class E (commercial, business and service) of Schedule 2 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 – construction of shop trolley stores

Permitted development

B

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

Development not permitted

B

Development is not permitted by Class B if—

  • (a) the gross floor space of the building or enclosure erected would exceed 20 square metres;
  • (b) any part of the building or enclosure erected would be—
  • (i) within 20 metres of any boundary of the curtilage of; or
  • (ii) above or below,

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

  • (c) the height of the building or enclosure would exceed 2.5 metres;
  • (d) the development would be within the curtilage of a listed building; or
  • (e) the development would be between a shop front and a highway where the distance between the shop front and the boundary of the curtilage of the premises is less than 5 metres.

Condition

B

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

Interpretation of Class B

B

For the purposes of Class B—

  • shop” means a building used for any purpose within Class E(a) (display or retail sale of goods other than hot food) of Schedule 2 to the Use Classes Order; and
  • trolley store” means a building or enclosure designed to be used for the storage of shopping trolleys.

Class C – click and collect facilities

Permitted development

C

Development consisting of the erection or construction of a collection facility within the curtilage of a shop.

Development not permitted

C

Development is not permitted by Class C if—

  • (a) the development would result in more than 1 collection facility within the curtilage of a shop;
  • (b) the gross floor space of the building or structure would exceed 20 square metres;
  • (c) the height of the building or structure would exceed 4 metres;
  • (d) any part of the development would be within 2 metres of any boundary of the curtilage;
  • (e) any part of the development would be between a shop front and a highway where the distance between the shop front and the boundary of the curtilage of the premises is less than 5 metres; or
  • (f) any part of the development would be—
  • (i) on article 2(3) land;
  • (ii) in a site of special scientific interest; or
  • (iii) within the curtilage of a listed building or a scheduled monument.

Conditions

C
  • (1) Development is permitted by Class C subject to the condition that the developer must, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the siting, design and external appearance of the development and the following sub-paragraphs apply in relation to that application.
  • (2) The application must be accompanied by—
  • (a) a written description of the proposed development, which must include details of any building operations proposed;
  • (b) a plan indicating the site and showing the proposed development;
  • (c) the developer's contact address; and
  • (d) the developer's email address if the developer is content to receive communications electronically,

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 Class C as being applicable to the development in question.

  • (4) Sub-paragraphs (5) and (7) 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) 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;
  • (iii) specifies the date by which representations are to be received by the local planning authority; or
  • (b) by serving a notice in that form on any adjoining owner or occupier.
  • (6) The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application.
  • (7) The local planning authority must, when determining an application—
  • (a) take into account any representations made to them as a result of any notice given under sub-paragraph (5);
  • (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.
  • (8) The development must not begin before the occurrence of one of the following—
  • (a) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
  • (b) the receipt by the applicant from the local planning authority of a written notice giving their prior approval; or
  • (c) the expiry of 56 days following the date on which the application under sub-paragraph (2) was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.
  • (9) The development must 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 sub-paragraph (8)(c) applies, in accordance with the details provided in the application referred to in sub-paragraph (2),

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

  • (10) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.
  • (11) When computing the number of days in sub-paragraph (5)(a), any day which is a public holiday must be disregarded.

Interpretation of Class C

C

For the purposes of Class C—

  • collection facility” means a building or structure designed to be used by visiting members of the public for the collection of any goods and for the storage of goods awaiting such collection; and
  • shop” means a building used for any purpose within Class E(a) (display or retail sale of goods other than hot food) of Schedule 2 to the Use Classes Order.

Class D – modification of shop loading bays

Permitted development

D

Development consisting of modification of a loading bay of a shop.

Development not permitted

D

Development is not permitted by Class D if—

  • (a) the size of the original loading bay, when measured in any dimension, would be increased by more than 20%; or
  • (b) any part of the development would be—
  • (i) on article 2(3) land;
  • (ii) in a site of special scientific interest; or
  • (iii) within the curtilage of a listed building or a scheduled monument.

Conditions

D

Development is permitted by Class D subject to the condition that the materials used must be of a similar appearance to those used in the construction of the exterior of the shop.

Interpretation of Class D

D

For the purposes of Class D—

  • goods vehicle” has the meaning given in section 192 of the Road Traffic Act 1988 ;
  • loading bay” means any facility, including vehicle ramps, for the loading or unloading of goods vehicles; and
  • shop” means a building used for any purpose within Class E(a) (display or retail sale of goods other than hot food) of Schedule 2 to the Use Classes Order.

Class E – hard surfaces for commercial, business or service etc premises

Permitted development

E

Development consisting of—

  • (a) the provision of a hard surface within the curtilage of a building used for a purpose falling within one of the following provisions of the Use Classes Order—
  • (i) article 3(6)(p) (drinking establishments etc);
  • (ii) article 3(6)(q) (drinking establishment with expanded food provision);
  • (iii) article 3(6)(r) (hot food takeaway); or
  • (iv) Class E (commercial, business and service) of Schedule 2; or
  • (b) the replacement in whole or in part of such a surface.

Development not permitted

E

Development is not permitted by Class E if—

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

Conditions

E

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

  • (a) where there is a risk of groundwater contamination, the hard surface is not made of porous materials; and
  • (b) in all other cases, either—
  • (i) the hard surface is made of porous materials, or
  • (ii) provision is made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the undertaking.

Interpretation of Class E

E

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

Class F – extensions etc of office buildings

Permitted development

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

Development not permitted

F

Development is not permitted by Class F if—

  • (a) the gross floor space of the original building would be exceeded by more than—
  • (i) in respect of an original building or a development on—
  • (aa) article 2(3) land, or
  • (bb) on a site of special scientific interest,

25% or 50 square metres (whichever is the lesser);

  • (ii) in any other case, 50% or 100 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;
  • (c) any part of the development, other than an alteration, would be within 5 metres of any boundary of the curtilage of the premises;
  • (d) any alteration would be on article 2(3) land; ...
  • (e) the development would be within the curtilage of a listed building ; or
  • (f) the building is in use as an office as permitted by Class JA (retail, takeaway, betting office, pay day loan shop, and launderette uses to offices) of Part 3 of this Schedule.

Conditions

F

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

  • (a) any office building as extended or altered is only used as part of, or for a purpose incidental to, the use of that office building;
  • (b) any extension is, in the case of article 2(3) land, constructed using materials which have a similar external appearance to those used for the building being extended; and
  • (c) any alteration is at ground floor level only.

Interpretation of Class F

F

For the purposes of Class F, 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 G – hard surfaces for office buildings

Permitted development

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

Development not permitted

G

Development is not permitted by Class G if—

  • (a) the cumulative area of ground covered by a hard surface within the curtilage (excluding hard surfaces already existing on 6th April 2010) would exceed 50 square metres; ...
  • (b) the development would be within the curtilage of a listed building ; or
  • (c) the building is in use as an office as permitted by Class JA (retail, takeaway, betting office, pay day loan shop, and launderette uses to offices) of Part 3 of this Schedule.

Conditions

G

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

  • (a) where there is a risk of groundwater contamination, the hard surface is not made of porous materials; and
  • (b) in all other cases, either—
  • (i) the hard surface is made of porous materials, or
  • (ii) provision is made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the office building.

Class H – extensions etc of industrial and warehouse

Permitted development

H

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

Development not permitted

H

Development is not permitted by Class H if—

  • (a) the gross floor space of any new building erected would exceed—
  • (i) for a building on article 2(3) land or on a site of special scientific interest, 100 square metres;
  • (ii) in any other case, would exceed 200 square metres;
  • (b) the gross floor space of the original building would be exceeded by more than—
  • (i) in respect of an original building or a development on article 2(3) land, 10% or 500 square metres (whichever is lesser);
  • (ii) in respect of an original building or a development on a site of special scientific interest, 25% or 1,000 square metres (whichever is the lesser);
  • (iii) in any other case, 50% or 1,000 square metres (whichever is the lesser);
  • (c) 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;
  • (d) 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;
  • (e) any part of the development would be within 5 metres of any boundary of the curtilage of the premises;
  • (f) the development would lead to a reduction in the space available for the parking or turning of vehicles; or
  • (g) the development would be within the curtilage of a listed building.

Conditions

H

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

  • (a) the development is within the curtilage of an existing industrial building or warehouse;
  • (b) any building as erected, extended or altered is only to 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;
  • (c) no building as erected, extended or altered is used to provide employee facilities—
  • (i) between 7.00pm and 6.30am, for employees other than those present at the premises of the undertaking for the purpose of their employment; or
  • (ii) at all, if a quantity of a dangerous substance is present at the premises of the undertaking in a quantity equal to or exceeding the quantity listed in the entry for that substance in Parts 2 or 3 of Schedule 1 to the Control of Major Accident Hazards Regulations 1999 ;
  • (d) any new building erected is, in the case of article 2(3) land, 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 is, in the case of article 2(3) land, constructed using materials which have a similar external appearance to those used for the building being extended or altered.

Interpretation of Class H

H

For the purposes of Class H, 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.

H.4

For the purposes of Class H—

  • “dangerous substance” has the meaning given in regulation 2 of the Control of Major Accident Hazards Regulations 1999;
  • “employee facilities” means social, care or recreational facilities provided for employees of the undertaking, including crèche facilities provided for the children of such employees; and
  • “original building” does not include any building erected at any time under Class H.

Class I – developments relating to an industrial process

Permitted development

I

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
  • (c) >the provision, rearrangement or replacement of a private way, private railway, siding or conveyor.

Development not permitted

I

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

  • (a) it would materially affect the external appearance of the premises of the undertaking concerned; or
  • (b) any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.

Interpretation of Class I

I

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

Class J – hard surfaces for industrial and warehouse premises

Permitted development

J

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

J

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

Conditions

J

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

  • (a) where there is a risk of groundwater contamination the hard surface must not be made of porous materials; and
  • (b) in all other cases, either—
  • (i) the hard surface is made of porous materials, or
  • (ii) provision is made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the industrial building or warehouse.

Class K – waste deposits from an industrial process

Permitted development

K

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

Development not permitted

K

Development is not permitted by Class K if—

  • (a) the waste material is or includes material resulting from the winning and working of minerals; or
  • (b) the use on 1st July 1948 was for the deposit of material resulting from the winning and working of minerals.

Class L – development at waste management facilities

Permitted development

L

Development carried out on land used for the purposes of a waste management facility consisting of—

  • (a) the extension or alteration of a building; and
  • (b) the installation of replacement plant or machinery.

Development not permitted

L

Development described in Class L is not permitted if—

  • (a) the gross floor space occupied by the replacement plant or machinery would exceed by more than 15% the gross floor space of the plant or machinery it replaced;
  • (b) the development under Class L (together with any previous development under Class L) would result in the area occupied by buildings, plant or machinery on the site exceeding the original area occupied by buildings, plant or machinery by more than—
  • (i) 50%; or
  • (ii) 100 square metres,

whichever is the lesser;

  • (c) the height of any building as extended or altered would exceed—
  • (i) if within 10 metres of a boundary of the curtilage of the site, 5 metres; or
  • (ii) in all other cases, the height of the building being extended or altered or 15 metres, whichever is the lower;
  • (d) the height of any replacement plant or machinery would exceed—
  • (i) if within 10 metres of a boundary of the curtilage of the site, 5 metres; or
  • (ii) in all other cases, 15 metres;
  • (e) any part of the development would be within 5 metres of any boundary of the curtilage of the site;
  • (f) the development would lead to a reduction in the space available for the parking or turning of vehicles;
  • (g) the development would be—
  • (i) on article 2(3) land; or
  • (ii) in a site of special scientific interest;
  • (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

L.2

Development is permitted by Class L subject to the condition that any building as extended or altered is only used as part of, or for a purpose incidental to, the use of the site as a waste management facility.

Interpretation

L.3

For the purposes of Class L—

  • “waste management facility” means premises and associated land used for the purposes of any waste operation for which an environmental permit is required under Part 2 of the Environmental Permitting (England and Wales) Regulations 2010[^f00068] or which is an exempt facility under those Regulations; and
  • “waste operation” has the meaning given in the Environmental Permitting (England and Wales) Regulations 2010.

Class M – extensions etc for schools, colleges, universities , prisons and hospitals

Permitted development

M

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

Development not permitted

M

Development is not permitted by Class M—

  • (a) if the cumulative footprint of any erection, extension or alteration under Class M on or after the relevant date would exceed the greater of—
  • (i) 25% of the cumulative footprint of the school, college, university, prison or hospital buildings as it was on the relevant date; or
  • (ii) 250 square metres;
  • (b) in the case of a college, university , prison or hospital building, if any part of the development would be within 5 metres of a boundary of the curtilage of the premises;
  • (ba) in the case of a school, 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), if any part of the proposed development is within 5 metres of the boundary of the curtilage of that residential land;
  • (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—
  • (i) if within 10 metres of a boundary of the curtilage of the premises, 5 metres; or
  • (ii) in all other cases, 6 metres;
  • (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (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, the lesser of the height of the building being extended or altered or 5 metres; or
  • (ii) in all other cases, the height of the building being extended or altered;
  • (ea) if the height of any rooftop structure would exceed 1.5 metres above the height of the new building or the building as extended or altered (as the case may be);
  • (f) if the development would be within the curtilage of a listed building; or
  • (g) unless—
  • (i) in the case of school, college or university buildings, the predominant use of the existing buildings on the premises is for the provision of education;
  • (ii) in the case of hospital buildings, the predominant use of the existing buildings on the premises is for the provision of any medical or health services ;
  • (iii) in the case of prison buildings—
  • (aa) the predominant use of the existing buildings on the premises is for the confinement of prisoners ; and
  • (bb) in the case of a closed prison, the development does not involve the erection, extension or alteration of any building beyond the perimeter as it stood on the relevant date.
  • (cc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions

M

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

  • (a) the development is within the curtilage of an existing school, college, university , prison or hospital;
  • (b) the development is only used as part of, or for a purpose incidental to, the use of that school, college, university , prison or hospital;
  • (c) any new building erected is, in the case of article 2(3) land, constructed using materials which have a similar external appearance to those used for the original school, college, university , prison or hospital buildings; ...
  • (d) any extension or alteration is, in the case of article 2(3) land, constructed using materials which have a similar external appearance to those used for the building being extended or altered ;
  • (e) where proposed development under Class M relates to the erection, extension or alteration of a school building that results in an increase in the school’s published admission number, the developer must, within a period of six months starting with the date the development is completed, submit to the local planning authority a travel plan for the site;
  • (f) where proposed development under Class M relates to the erection, extension or alteration of a university building, development is permitted subject to the condition that before beginning the development the developer applies 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 proposed development;
  • (ii) the design and external appearance of the erection, extension or alteration; or
  • (iii) the impact of the development on heritage and archaeology;
  • (g) an application required under paragraph (f) is to be made and determined in accordance with paragraph M.2A (procedure for applications for prior approval under Class M);
  • (h) development approved pursuant to an application under paragraph (f) is permitted subject to the condition that it is completed within a period of three years starting with the prior approval date;
  • (i) where proposed development under Class M relates to the erection, extension or alteration of an open prison building, before beginning development the developer must—
  • (i) assess the contamination and flood risks of the development;
  • (ii) identify measures to reduce, so far as practicable, any contamination or flood risks of the development;
  • (iii) where the development is in an area within Flood Zone 3, carry out prior consultation in accordance with paragraph M.2B (procedure for prior consultation under Class M); and
  • (iv) provide written notification to the local planning authority of the proposed development with the documents and information listed in sub-paragraph (j);
  • (j) the documents and information specified in sub-paragraph (i)(iv) are—
  • (i) a written description of the proposed development;
  • (ii) a plan indicating the site and showing the proposed development;
  • (iii) a drawing, prepared to an identified scale, showing—
  • (aa) in the case of a building to be erected, the proposed external dimensions and elevations of that building; and
  • (bb) in the case of a building to be extended or altered, the external dimensions and elevations of that building both before and after the proposed extension or alteration;
  • (iv) the proposed commencement date;
  • (v) written confirmation that development will not take place on any land used as a playing field, and remaining in that use, at any time in the 5 years before the proposed commencement date;
  • (vi) the developer’s contact address; and
  • (vii) the developer’s email address if the developer is content to receive communications electronically.

Interpretation of Class M

M

For the purposes of Class M—

  • closed prison” means a prison used for the confinement of prisoners in closed conditions located on a site with a closed perimeter;
  • “footprint”, in relation to a building, means the total area of ground covered by it;
  • open prison” means a prison used for the confinement of prisoners in open conditions located on a site without a closed perimeter;
  • “original school, college, university, prison or hospital building” means original building which is a school, college, university, prison or hospital building, as the case may be, other than any building erected at any time under Class M;
  • “prior approval date” has the meaning given in paragraph X of Part 3;
  • “prison”—includes a young offender institution provided pursuant to section 43(1)(a) (places for the detention of young offenders etc) of the Prison Act 1952;does not include—a secure training centre or a secure college provided pursuant to, respectively, section 43(1)(b) or (c) of the Prison Act 1952;premises approved pursuant to section 13(1) (approved premises) of the Offender Management Act 2007;a bail hostel within the meaning of section 2(2) (other definitions) of the Bail Act 1976;
  • “published admission number” means the number of pupils of any relevant age group at the school determined by the admission authority under sections 88C and 88D of the School Standards Framework Act 1998;
  • relevant date” means 21st December 2023 in the case of the development of an open prison building and 21st April 2021 in the case of all other development;
  • “rooftop structure” has the meaning given in paragraph D.3 of Part 9;
  • school” does not include a building which changed use by virtue of Class S of Part 3 of this Schedule (changes of use) or which was erected by virtue of Class CA of Part 4 of this Schedule (temporary buildings and uses) ; and
  • “travel plan” means a long-term management strategy that seeks to deliver sustainable transport objectives

Class N – hard surfaces for schools, colleges, universities or hospitals

Permitted development

N

Development consisting of—

  • (a) the provision of a hard surface within the curtilage of any school, college, university or hospital to be used for the purposes of that school, college, university or hospital; or
  • (b) the replacement in whole or in part of such a surface.

Development not permitted

N

Development is not permitted by Class N if—

  • (a) the cumulative area of ground covered by a hard surface within the curtilage of the site (other than hard surfaces already existing on 6th April 2010) would exceed 50 square metres;
  • (b) as a result of the development, any land used as a playing field at any time in the 5 years before the development commenced and remaining in this use could no longer be so used; or
  • (c) the development would be within the curtilage of a listed building.

Conditions

N

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

  • (a) where there is a risk of groundwater contamination, the hard surface is not made of porous materials; and
  • (b) in all other cases, either—
  • (i) the hard surface is made of porous materials, or
  • (ii) provision is made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the institution.

Interpretation of Part 7

O

For the purposes of Part 7—

  • 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;
  • office building” means a building used for any purpose within Class E(g)(i) of Schedule 2 to the Use Classes Order (offices);
  • “registered nursery” and “state-funded school” have the meanings given in paragraph X of Part 3 of this Schedule (changes of use);
  • “school”—includes a building permitted by Class C of Part 4 (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 Part 4;except in Class M (extensions etc for schools), includes premises which have changed use under Class S of Part 3 of this Schedule (changes of use) to become a state-funded school ...; andincludes premises which have changed use under Class T of Part 3 of this Schedule (changes of use) to become a state-funded school ...; and
  • warehouse” means a building used for any purpose within Class B8 (storage or distribution) of Schedule 1 to the Use Classes Order but does not include a building on land in or adjacent to and occupied together with a mine.

Class A – railway or light railway undertakings

Permitted development

A

Development by railway undertakers on their operational land, required in connection with the movement of traffic by rail.

Development not permitted

A

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

  • (a) the construction of a railway;
  • (b) the construction or erection of a hotel, railway station or bridge; or
  • (c) the construction or erection otherwise than wholly within a railway station of—
  • (i) an office, residential or educational building, or a building used for an industrial process, or
  • (ii) a car park, shop, restaurant, garage, petrol filling station or other building or structure provided under transport legislation.

Interpretation of Class A

A

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

Class B – dock, pier, harbour, water transport, canal or inland navigation undertakings

Permitted development

B

Development on operational land by statutory undertakers or their lessees or agents of development (including the erection or alteration of an operational building) in respect of dock, pier, harbour, water transport, or canal or inland navigation undertakings, required—

  • (a) for the purposes of shipping, ...
  • (b) in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, pier or harbour, or with the movement of traffic by canal or inland navigation or by any railway forming part of the undertaking , or
  • (c) in connection with the provision of services and facilities

Development not permitted

B

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

  • (a) the construction or erection of a hotel, or of a bridge or other building not required in connection with the handling of traffic; or
  • (b) the construction or erection otherwise than wholly within the limits of a dock, pier or harbour of—
  • (i) an educational building, ...
  • (ii) a car park, shop, restaurant, garage, petrol filling station or other building provided under transport legislation ,
  • (c) where the development falls within paragraph B(c)—
  • (i) the erection of a building other than an operational building; or
  • (ii) the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected.

Interpretation of Class B

B

For the purposes of Class B—

  • (a) references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected, and
  • (b) the reference to operational land includes land designated by an order made under section 14 or 16 of the Harbours Act 1964 (orders for securing harbour efficiency etc., and orders conferring powers for improvement, construction etc., of harbours) , and which has come into force, whether or not the order was subject to the provisions of the Statutory Orders (Special Procedure) Act 1945 .

Class C – works to inland waterways

Permitted development

C

The improvement, maintenance or repair of an inland waterway (other than a commercial waterway or cruising waterway) to which section 104 of the Transport Act 1968 (classification of waterways)applies, and the repair or maintenance of a culvert, weir, lock, aqueduct, sluice, reservoir, let-off valve or other work used in connection with the control and operation of such a waterway.

Class D – dredging by transport undertakings

Permitted development

D

The use of any land by statutory undertakers in respect of dock, pier, harbour, water transport, canal or inland navigation undertakings for the spreading of any dredged material.

Class E – development for the aid of shipping

Permitted development

E

Development required for the purposes of the functions of a general or local lighthouse authority under the Merchant Shipping Act 1995 and any other statutory provision made with respect to a local lighthouse authority, or in the exercise by a local lighthouse authority of rights, powers or duties acquired by usage prior to the 1995 Act.

Development not permitted

E

Development is not permitted by Class E if it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected.

Class F – development at an airport

Permitted development

F

The carrying out on operational land by a relevant airport operator or its agent of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at a relevant airport.

Development not permitted

F

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

  • (a) the construction or extension of a runway;
  • (b) the construction of a passenger terminal the floor space of which would exceed 500 square metres;
  • (c) the extension or alteration of a passenger terminal, where the floor space of the building as existing at 5th December 1988 or, if built after that date, of the building as built, would be exceeded by more than 15%;
  • (d) the erection of a building other than an operational building; or
  • (e) the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected.

Condition

F

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

Interpretation of Class F

F

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

F.4

Development falls within this paragraph if—

  • (a) it is urgently required for the efficient running of the airport, and
  • (b) it consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building, or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.

Class G – air traffic services development at an airport

Permitted development

G

The carrying out on operational land within the perimeter of a relevant airport by a relevant airport operator or its agent of development in connection with the provision of air traffic services.

Class H – air traffic services development near an airport

Permitted development

H

The carrying out on operational land outside but within 8 kilometres of the perimeter of a relevant airport by a relevant airport operator or its agent of development in connection with the provision of air traffic services.

Development not permitted

H

Development is not permitted by Class H if—

  • (a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;
  • (b) any building erected would exceed a height of 4 metres; or
  • (c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

Class I – development by an air traffic services licence holder within an airport

Permitted development

I

The carrying out by an air traffic services licence holder or its agents within the perimeter of an airport of development in connection with the provision of air traffic services.

Class J – development by an air traffic services licence holder on operational land

Permitted development

J

The carrying out on operational land of an air traffic services licence holder by that licence holder or its agents of development in connection with the provision of air traffic services.

Development not permitted

J

Development is not permitted by Class J if—

  • (a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;
  • (b) any building erected would exceed a height of 4 metres; or
  • (c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

Class K – development by an air traffic services licence holder in an emergency

Permitted development

K

The use of land by or on behalf of an air traffic services licence holder in an emergency to station moveable apparatus replacing unserviceable apparatus.

Condition

K

Development is permitted by Class K subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use ceases, and any apparatus is removed, 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.

Class L – development by an air traffic services licence holder involving moveable structures

Permitted development

L

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

Condition

L

Development is permitted by Class L subject to the condition that, on or before the expiry of the period of 6 months beginning with the date on which the use began, the use ceases, and any structure is removed, 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.

Class M – development by the Civil Aviation Authority for surveys etc.

Permitted development

M

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

Condition

M

Development is permitted by Class M subject to the condition that on or before the expiry of the period of 6 months beginning with the date on which the use began, the use ceases, and any apparatus is removed, 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.

Class N – use of airport buildings managed by relevant airport operators

Permitted development

N

The use of buildings within the perimeter of an airport managed by a relevant airport operator for purposes connected with air transport services or other flying activities at that airport.

Interpretation of Part 8

O

For the purposes of Part 8—

  • air traffic services” has the same meaning as in section 98 of the Transport Act 2000 (air traffic services) ;
  • air traffic services licence holder” means a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 ;
  • air transport services” has the same meaning as in section 82 of the Airports Act 1986 ;
  • operational building” means , for the purposes of Class F, a building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at a relevant airport;
  • relevant airport” means an airport to which Part 5 of the Airports Act 1986 (status of certain airport operators as statutory undertakers etc.) applies;
  • relevant airport operator” means a relevant airport operator within the meaning of section 57A of the Airports Act 1986 (scope of Part 5); and
  • transport legislation” means section 14(1)(d) of the Transport Act 1962 (supplemental provisions relating to the Boards' powers) or section 10(1)(x) of the Transport Act 1968 (general powers of Passenger Transport Executive) .

PART 9 — Development relating to roads

Class A – development by highways authorities

Permitted development

A

The carrying out by a highway authority—

  • (a) on land within the boundaries of a road, of any works required for the maintenance or improvement of the road, where such works involve development by virtue of section 55(2)(b) of the Act; or
  • (b) on land outside but adjoining the boundary of an existing highway of works required for or incidental to the maintenance or improvement of the highway.

Class B – development by the Secretary of State or a strategic highways company under the Highways Act 1980

Permitted development

B

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

Interpretation of Class B

B

For the purposes of Class B, “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015 .

Class C – tramway or road transport undertakings

Permitted development

C

Development by transport undertakers required for the purposes of the carrying on of any tramway or road transport undertaking consisting of—

  • (a) the installation of posts, overhead wires, underground cables, feeder pillars or transformer boxes in, on, over or adjacent to a highway for the purpose of supplying current to public service vehicles;
  • (b) the installation of tramway tracks, and conduits, drains and pipes in connection with such tracks for the working of tramways;
  • (c) the installation of telephone cables and apparatus, huts, stop posts and signs required in connection with the operation of public service vehicles;
  • (d) the erection or construction and the maintenance, improvement or other alteration of passenger shelters and barriers for the control of people waiting to enter public service vehicles;
  • (e) any other development on operational land of the undertaking.

Development not permitted

C

Development is not permitted by Class C if it would consist of—

  • (a) in the case of any Class C(a) development, the installation of a structure exceeding 17 cubic metres in capacity;
  • (b) in the case of any Class C(e) development—
  • (i) the erection of a building or the reconstruction or alteration of a building where its design or external appearance would be materially affected;
  • (ii) the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any plant or machinery it replaces, whichever is the greater; or
  • (iii) development, not wholly within a bus or tramway station, in pursuance of powers contained in transport legislation.

Interpretation of Class C

C

For the purposes of Class C, “transport legislation” means section 14(1)(d) of the Transport Act 1962 (supplemental provisions relating to the Boards' powers) or section 10(1)(x) of the Transport Act 1968 (general powers of Passenger Transport Executive) .

Class D – toll road facilities

Permitted development

D

Development consisting of—

  • (a) the setting up and the maintenance, improvement or other alteration of facilities for the collection of tolls;
  • (b) the provision of a hard surface to be used for the parking of vehicles in connection with the use of such facilities.

Development not permitted

D

Development is not permitted by Class D if—

  • (a) it is not located within 100 metres (measured along the ground) of the boundary of a toll road;
  • (b) the height of any building or structure would exceed—
  • (i) 7.5 metres excluding any rooftop structure; or
  • (ii) 10 metres including any rooftop structure; or
  • (c) the aggregate area of the floor space at or above ground level of any building or group of buildings within a toll collection area, excluding the floor space of any toll collection booth, would exceed 1,500 square metres.

Conditions

D

In the case of any article 2(3) land, development is permitted by Class D subject to the following conditions—

  • (a) the developer must, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the siting, design and external appearance of the facilities for the collection of tolls;
  • (b) the application must be accompanied by a written description, together with plans and elevations, of the proposed development and any fee required to be paid;
  • (c) the development must not begin before the occurrence of one of the following—
  • (i) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
  • (ii) where the local planning authority give the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval; or
  • (iii) the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;
  • (d) the development must, except to the extent that the local planning authority otherwise agree in writing, be carried out—
  • (i) where prior approval is required, in accordance with the details approved;
  • (ii) where prior approval is not required, or where paragraph (c)(iii) applies, in accordance with the details submitted with the application; and
  • (e) the development must be carried out—
  • (i) where approval has been given by the local planning authority, within a period of 5 years from the date on which the approval was given;
  • (ii) in any other case, within a period of 5 years from the date on which the local planning authority were given the information referred to in paragraph (b).

Interpretation of Class D

D

For the purposes of Class D—

  • facilities for the collection of tolls” means such buildings, structures, or other facilities as are reasonably required for the purpose of or in connection with the collection of tolls in pursuance of a toll order;
  • ground level” means the level of the surface of the ground immediately adjacent to the building or group of buildings in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it;
  • rooftop structure” means any apparatus or structure which is reasonably required to be located on and attached to the roof, being an apparatus or structure which is—so located for the provision of heating, ventilation, air conditioning, water, gas or electricity;lift machinery; orreasonably required for safety purposes;
  • toll” means a toll which may be charged pursuant to a toll order;
  • toll collection area” means an area of land where tolls are collected in pursuance of a toll order, and includes any facilities for the collection of tolls;
  • toll collection booth” means any building or structure designed or adapted for the purpose of collecting tolls in pursuance of a toll order;
  • toll order” has the same meaning as in Part 1 of the New Roads and Street Works Act 1991 (new roads in England and Wales) ; and
  • toll road” means a road which is the subject of a toll order.

Class E – repairs to unadopted streets and private ways

Permitted development

E

The carrying out on land within the boundaries of an unadopted street or private way of works required for the maintenance or improvement of the street or way.

Interpretation of Class E

E

For the purposes of Class E, “unadopted street” means a street not being a highway maintainable at the public expense within the meaning of the Highways Act 1980 .

PART 10 — Repairs to services

Class A

Permitted development

A

The carrying out of any works for the purposes of inspecting, repairing or renewing any sewer, main, pipe, cable or other apparatus, including breaking open any land for that purpose.

PART 11 — Heritage and demolition

Class A – development by Historic England

Permitted development

A

Development by or on behalf of Historic England , consisting of—

  • (a) the maintenance, repair or restoration of any building or monument;
  • (b) the erection of screens, fences or covers designed or intended to protect or safeguard any building or monument; or
  • (c) the carrying out of works to stabilise ground conditions by any cliff, watercourse or the coastline;

Development not permitted

A

Development is not permitted by Class A(a) if the works involve the extension of the building or monument.

Condition

A

Except for development also falling within Class A(a), Class A(b) development is permitted subject to the condition that any structure erected in accordance with that permission is removed at the expiry of a period of 6 months (or such longer period as the local planning authority may agree in writing) from the date on which work to erect the structure was begun.

Interpretation of Class A

A

For the purposes of Class A, “building or monument” means any building or monument in the guardianship of Historic England or owned, controlled or managed by it.

Class B – demolition of buildings

Permitted development

B

Any building operation consisting of the demolition of a building.

Development not permitted

B

Development is not permitted by Class B if—

  • (a) the building has been rendered unsafe or otherwise uninhabitable by the action or inaction of any person having an interest in the land on which the building stands and it is practicable to secure safety or health by works of repair or works for affording temporary support;
  • (b) the demolition is “relevant demolition” for the purposes of section 196D of the Act (demolition of an unlisted etc building in a conservation area) ;...
  • (c) the building is used, or was last used, for a purpose falling within—
  • (i) article 3(6)(p) (drinking establishments etc.) of the Use Classes Order; or
  • (ii) article 3(6)(q) (drinking establishments with expanded food provision) of that Order;
  • (d) the building is used, or was last used, for the purpose of—
  • (i) a concert hall;
  • (ii) a venue for live music performance; or
  • (iii) a theatre ; or
  • (e) the demolition relates to a statue, memorial or monument (“a commemorative structure”) in place for a period of at least 10 years on the date of any proposed demolition, other than a commemorative structure—
  • (i) that is a listed building;
  • (ii) that is a scheduled monument;
  • (iii) within a cemetery, on consecrated land, or within the curtilage of a place of public worship;
  • (iv) within the grounds of a museum or art gallery; or
  • (v) within the curtilage of a dwellinghouse

Conditions

B

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

  • (a) where demolition is urgently necessary in the interests of safety or health and the measures immediately necessary in such interests are the demolition of the building the developer must, as soon as reasonably practicable, give the local planning authority a written justification of the demolition;
  • (b) where the demolition does not fall within paragraph (a) and is not excluded demolition—
  • (i) the developer must, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the method of demolition and any proposed restoration of the site;
  • (ii) an application described in paragraph (b)(i) must be accompanied by a written description of the proposed development, a statement that a notice has been posted in accordance with paragraph (b)(iv) and any fee required to be paid;
  • (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (iv) subject to paragraph (b)(v), the applicant must display a site notice by site display on or near the land on which the building to be demolished is sited and must leave the notice in place for not less than 21 days in the period of 28 days beginning with the date on which the application was submitted to the local planning authority;
  • (v) where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to in paragraph (b)(iv) has elapsed, the applicant is treated as having complied with the requirements of that paragraph if the applicant has taken reasonable steps for protection of the notice and, if need be, its replacement;
  • (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (vii) ... the development must not begin before the occurrence of one of the following—
  • (aa) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
  • (bb) where the local planning authority give the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval; or
  • (cc) the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;
  • (viii) the development must, except to the extent that the local planning authority otherwise agree in writing, be carried out—
  • (aa) where prior approval is required, in accordance with the details approved;
  • (bb) where prior approval is not required, in accordance with the details submitted with the application;
  • (ix) ... the development must be carried out—
  • (aa) where approval has been given by the local planning authority, within a period of 5 years from the date on which approval was given;
  • (bb) in any other case, within a period of 5 years from the date on which the local planning authority were given the information referred to in paragraph (b)(ii); and
  • (x) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Class B

B

For the purposes of Class B—

  • ...
  • “cemetery” has the meaning given by section 214(8) of the Local Government Act 1972;
  • “dwellinghouse” does not include educational accommodation;
  • excluded demolition” means demolition—on land which is the subject of a planning permission, for the redevelopment of the land, granted on an application or deemed to be granted under Part 3 of the Act (control over development),permitted to be carried out by a consent under Part 1 of the Ancient Monuments and Archaeological Areas Act 1979 (scheduled monument consent) ,permitted to be carried out by a consent under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (listed building consent) ,required or permitted to be carried out by or under any other enactment, orrequired to be carried out by virtue of a relevant obligation;
  • ...
  • ...
  • ...
  • relevant obligation” means—an obligation arising under an agreement made under section 106 of the Act, as originally enacted (agreements regulating development or use of land);a planning obligation entered into under section 106 of the Act, as substituted by section 12 of the Planning and Compensation Act 1991 (planning obligations) , or under section 299A of the Act (Crown planning obligations) ;an obligation arising under, or under an agreement made under, any provision corresponding to section 106 of the Act, as originally enacted or as substituted by the Planning and Compensation Act 1991, or to section 299A of the Act;
  • site notice” means a notice containing—the name of the applicant,a description, including the address, of the building or buildings which it is proposed to be demolished,a statement that the applicant has applied to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the method of demolition and any proposed restoration of the site,the date on which the applicant proposes to carry out the demolition, andthe name and address of the local planning authority,and which is signed and dated by or on behalf of the applicant;
  • ...
  • ...

Class C – demolition of gates, fences, walls etc

Permitted development

C

Any building operation consisting of the demolition of the whole or any part of any gate, fence, wall or other means of enclosure.

Development not permitted

C

Development is not permitted by Class C if the demolition is “relevant demolition” for the purposes of section 196D of the Act (demolition of an unlisted etc building in a conservation area) .

PART 12 — Development by local authorities

Class A

Permitted development

A

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

  • (a) any small ancillary building, works or equipment on land belonging to or maintained by them required for the purposes of any function exercised by them on that land otherwise than as statutory undertakers;
  • (b) lamp standards, information kiosks, passenger shelters, public shelters and seats, telephone boxes, fire alarms, public drinking fountains, horse troughs, refuse bins or baskets, barriers for the control of people waiting to enter public service vehicles, electric vehicle charging points and any associated infrastructure, and similar structures or works required in connection with the operation of any public service administered by them.

Interpretation of Class A

A

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

A

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

Class B

Permitted development

B

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

Development not permitted

B

Development is not permitted by Class B if the waste material is or includes material resulting from the winning and working of minerals.

Interpretation of Part 12

C

For the purposes of Part 12, “local authority” includes a parish council.

PART 13 — Water and sewerage

Class A – Water or hydraulic power undertakings

Permitted development

A

Development for the purposes of their undertaking by statutory undertakers for the supply of water or hydraulic power consisting of—

  • (a) development not above ground level required in connection with the supply of water or for conserving, redistributing or augmenting water resources, or for the conveyance of water treatment sludge;
  • (b) development in, on or under any watercourse and required in connection with the improvement or maintenance of that watercourse;
  • (c) the provision of a building, plant, machinery or apparatus in, on, over or under land for the purpose of survey or investigation;
  • (d) the maintenance, improvement or repair of works for measuring the flow in any watercourse or channel;
  • (e) the installation in a water distribution system of a booster station, valve house, meter or switch-gear house;
  • (f) any works authorised by or required in connection with an order made under section 73 of the Water Resources Act 1991 (power to make ordinary and emergency drought orders);
  • (g) any other development in, on, over or under operational land other than the provision of a building but including the extension or alteration of a building.

Development not permitted

A

Development is not permitted by Class A if—

  • (a) in the case of any Class A(a) development, it would include the construction of a reservoir;
  • (b) in the case of any Class A(e) development involving the installation of a station or house exceeding 29 cubic metres in capacity, that installation is carried out at or above ground level or under a highway used by vehicular traffic;
  • (c) in the case of any Class A(g) development, it would consist of or include the extension or alteration of a building so that—
  • (i) its design or external appearance would be materially affected;
  • (ii) the height of the original building would be exceeded, or the cubic content of the original building would be exceeded by more than 25%, or
  • (iii) the floor space of the original building would be exceeded by more than 1,000 square metres; or

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.