The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019

Made: 20 February 2019

Laid before the National Assembly for Wales: 21 February 2019

Coming into force: 1 April 2019

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 59, 60, 61 and 333 of the Town and Country Planning Act 1990[^f00001] and now exercisable by them[^f00002], make the following Order:

Title, commencement and interpretation

1

• (1) The title of this Order is the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019.

• (2) This Order comes into force on 1 April 2019.

• (3) In this Order, references to—

• (a) Schedule 2 are references to Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995[^f00003]; and

• (b) a numbered Part are references to that Part of Schedule 2.

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

2

Schedule 2 is amended as set out in articles 3 to 7.

Minor operations: recharging electric vehicles

3

In Part 2 (minor operations) after Class C insert—

D. The installation, alteration or replacement within an area lawfully used for off-street parking, of an electrical outlet mounted on a wall for recharging electric vehicles. D.1 Development is not permitted by Class D if the outlet and its casing would— (a) exceed 0.2 cubic metres; (b) face onto and be within two metres of a highway; or (c) be within a site designated as a scheduled monument. E. The installation, alteration or replacement within an area lawfully used for off-street parking, of an upstand with an electrical outlet mounted on it for recharging electric vehicles. E.1 Development is not permitted by Class E if the upstand and the outlet would— (a) exceed 1.6 metres in height from the level of the surface used for the parking of vehicles; (b) be within two metres of a highway; (c) be within a site designated as a scheduled monument; or (d) result in more than one upstand being provided for each parking space.

Development by local authorities

4

In Part 12 (development by local authorities) in Class A after paragraph A.(b) insert—

(c) electric vehicle charging points and any associated infrastructure.

Devolved associated lines

5

• (1) In Part 17 (development by statutory undertakers) in paragraph G.1(a) before subparagraph (i) insert—

(ai) it would consist of or include the installation or replacement of a devolved associated line within the meaning set out in paragraph A.3(1) of Part 17A;

• (2) After Part 17 insert Part 17A as set out in Schedule 1 to this Order.

Development by Electronic Communications Code Operators

6

For Part 24 (development by electronic communications code operators (Wales))[^f00004] substitute Part 24 as set out in Schedule 2 to this Order.

Non-domestic solar installations

7

• (1) Part 43 (installation of non-domestic microgeneration equipment)[^f00005] is amended as follows.

• (2) For the heading to Part 43 substitute “Installation of non-domestic energy generation equipment”.

• (3) In paragraph A.1 (development not permitted) at the end of subparagraph (f) omit “or” and after subparagraph (g) insert—

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

• (4) In paragraph A.2 (conditions)—

• (a) in subparagraph (b) omit “and”;

• (b) after subparagraph (b) insert—

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

• (c) in subparagraph (c) for “capable of microgeneration” substitute “capable of generation”.

• (5) In paragraph B.1 (development not permitted) at the end of subparagraph (b)(v) omit “or” and after subparagraph (c) insert—

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

• (6) In paragraph B.2 (conditions)—

• (a) in subparagraph (a) omit “and”;

• (b) after subparagraph (a) insert—

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

• (c) in subparagraph (b) for “capable of microgeneration” substitute “capable of generation”.

• (7) In paragraph C.1 (development not permitted) in subparagraph (c) omit “or” and after subparagraph (d) insert—

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

• (8) For paragraph D.1 (development not permitted) substitute—

(D.1) Development is not permitted by Class D if— (a) the total area covered by the water source heat pump (including any pipes) exceeds 0.5 hectares; or (b) the capacity of the water source heat pump exceeds 45 kilowatts thermal.

• (9) In paragraph G (interpretation of Part 43) at the appropriate places insert—

• “aerodrome” does not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;

• “airport” has the meaning given by section 66 of the Civil Aviation Act 2012[^f00006];

SCHEDULE 1 — Installation of devolved associated lines

SCHEDULE 2 — Substitution of Part 24

Signed

Hannah Blythyn — Deputy Minister for Housing and Local Government, under authority of the Minister for Housing and Local Government, one of the Welsh Ministers — 20 February 2019

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Town and Country Planning (General Permitted Development) Order 1995 (“the GPDO”) in relation to Wales.

Article 3 of, and Schedule 2 to, the GPDO confer permitted development rights in respect of certain development. Where such rights are conferred, an application for planning permission is not required.

This Order amends Schedule 2 to the GPDO by—

• inserting Classes D and E into Part 2 (minor operations) to permit the installation of electrical outlets and upstands for recharging electric vehicles;

• inserting Part 17A (installation of devolved associated lines) to permit the installation of certain overhead electric lines;

• replacing Part 24 (development by electronic communications code operators (Wales)). Changes to this Part extend permitted development rights in relation to the height and width of ground-based masts and extend the period for the use of land for moveable electronic communications apparatus in an emergency from six to eighteen months;

• amending Part 43 (installation of non-domestic microgeneration equipment) to extend permitted development rights for non-domestic solar installations.

This Order also makes minor amendments to assist clarity.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government at: Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government website atwww.gov.wales

Footnotes

[^f00001]: 1990 c. 8. Section 59 was amended by section 27 of, and paragraph 3 of Schedule 4 to, and section 55 of and paragraph 5 of Schedule 7 to, the Planning (Wales) Act 2015 (anaw 4). Other amendments to sections 59 are not relevant to this Order.

[^f00002]: The functions of the Secretary of State were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), see the appropriate entries in Schedule 1. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

[^f00003]: S.I. 1995/418. Relevant amendments were made by S.I 2002/1878 (W. 187), S.I. 2003/2155, S.I. 2012/2318 (W. 252), S.I. 2014/2692 (W. 267) and S.I. 2018/554 (W. 95). Other amendments are not relevant to this Order.

[^f00004]: Part 24 was substituted by S.I. 2002/1878 (W. 187) and amended by S.I. 2003/2155, S.I. 2004/945, S.I. 2014/2692 (W. 267) and S.I. 2018/554 (W. 95).

[^f00005]: Part 43 was inserted by S.I. 2012/2318 (W. 252).

[^f00006]: 2012 c. 19.

[^f00007]: 1989 c. 29. Section 37(1) was amended by paragraph 33 of Schedule 2 to the Planning Act 2008 (c. 29) and by section 42 of the Wales Act 2017 (c. 4).

[^f00008]: 1899 c. 19. The Act was repealed by the Electricity Act 1989.

[^f00009]: 2008 c. 29. See section 31 for the definition of “development consent”.

[^f00010]: Section 37(2B) was inserted by section 42(3) of the Wales Act 2017 (c. 4).

[^f00011]: There are amendments to section 64(1) not relevant to this Order.

[^f00012]: S.I. 2017/1012.

[^f00013]: Section 37(1) was amended by paragraph 33 of, and Schedule 2 to, the Planning Act 2008 (c. 29).

[^f00014]: For the height of apparatus and ground level, see Article 1(3).

[^f00015]: For the height of a mast, see paragraph A.4(2)(a) below.

[^f00016]: For the width of a mast, see paragraph A.4(2)(b) below.

[^f00017]: 1989 c. 22.

[^f00019]: Schedule 4 was substituted by S.I. 2016/59 (W. 29).

[^f00020]: 1981 c. 69. There are amendments to Part 3 not relevant to this Order.

[^f00021]: Schedule 3 was amended by S.I. 2016/59 (W. 29) and S.I. 2017/567 (W. 136).

[^f00022]: 2003 c. 21. See sections 32, 151 and 405 and paragraph 5 of Schedule 3A to that Act.

[^f00023]: S.I. 2012/801 (W. 110). Relevant amending instruments are S.I. 2016/59 (W. 29) and S.I. 2017/567 (W. 136).