The Town and Country Planning (General Permitted Development) Order 1995

• Citation: S.I. 1995/418
• Sections: 517

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Town and Country Planning (General Permitted Development) Order 1995 and shall come into force on 3rd June 1995.

(2) In this Order, unless the context otherwise requires—

“ the Act " means the Town and Country Planning Act 1990;

“ the 1960 Act " means the Caravan Sites and Control of Development Act 1960 ;

“ aerodrome " means an aerodrome as defined in article 106 of the Air Navigation Order 1989 (interpretation) which is—

licensed under that Order,

a Government aerodrome,

one at which the manufacture, repair or maintenance of aircraft is carried out by a person carrying on business as a manufacturer or repairer of aircraft,

one used by aircraft engaged in the public transport of passengers or cargo or in aerial work, or

one identified to the Civil Aviation Authority before 1st March 1986 for inclusion in the UK Aerodrome Index,

and, for the purposes of this definition, the terms “aerial work", “Government aerodrome" and “public transport" have the meanings given in article 106;

“ aqueduct " does not include an underground conduit;

“ area of outstanding natural beauty " means an area designated as such by an order made by the Countryside Commission, as respects England, or the Natural Resources Body for Wales , as respects Wales, under section 87 of the National Parks and Access to the Countryside Act 1949 (designation of areas of outstanding natural beauty) as confirmed by the Secretary of State;

“ building "—

includes any structure or erection and, except in Parts 24, 25, 33 and 40 , , Class A of Part 31 and Class C of Part 38 , of Schedule 2, includes any part of a building, as defined in this article; and

does not include plant or machinery and, in Schedule 2, except in Class B of Part 31 and Part 33, does not include any gate, fence, wall or other means of enclosure;

“ caravan " has the same meaning as for the purposes of Part I of the 1960 Act (caravan sites);

“ caravan site " means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed;

“ classified road " means a highway or proposed highway which—

is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980 (general provision as to principal and classified roads); or

is classified by the Secretary of State for the purposes of any enactment by virtue of section 12(3) of that Act;

“ Crown land ” has the meaning given by section 293 of the Act;

“ cubic content " means the cubic content of a structure or building measured externally;

“ dwellinghouse " does not include a building containing one or more flats, or a flat contained within such a building;

“ electronic communication ” has the meaning given in section 15(1) of the Electronic Communications Act 2000;

“ erection ", in relation to buildings as defined in this article, includes extension, alteration, or re-erection;

“ existing ", in relation to any building or any plant or machinery or any use, means (except in the definition of “original") existing immediately before the carrying out, in relation to that building, plant, machinery or use, of development described in this Order;

“ flat " means a separate and self-contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;

“ floor space " means the total floor space in a building or buildings;

“ industrial process " means a process for or incidental to any of the following purposes—

the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);

the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or

the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine;

“ land drainage " has the same meaning as in section 116 of the Land Drainage Act 1976 (interpretation);

“ listed building ” has the meaning given by section 76 of the Historic Environment (Wales) Act 2023;

“ by local advertisement " means by publication of the notice in at least one newspaper circulating in the locality in which the area or, as the case may be, the whole or relevant part of the conservation area to which the direction relates is situated;

“ machinery " includes any structure or erection in the nature of machinery;

“ microwave " means that part of the radio spectrum above 1,000 MHz;

“ microwave antenna " means a satellite antenna or a terrestrial microwave antenna;

“ mine " means any site on which mining operations are carried out;

“ mining operations " means the winning and working of minerals in, on or under land, whether by surface or underground working;

“ notifiable pipe-line " means a pipe-line, as defined in section 65 of the Pipe-lines Act 1962 (meaning of pipe-line), which contains or is intended to contain a hazardous substance, as defined in regulation 2(1) of the Notification Regulations (interpretation), except—

a pipe-line the construction of which has been authorised under section 1 of the Pipe-lines Act 1962 (cross-country pipe-lines not to be constructed without the Minister’s authority); or

a pipe-line which contains or is intended to contain no hazardous substance other than—

a flammable gas (as specified in item 1 of Part II of Schedule 1 to the Notification Regulations (classes of hazardous substances not specifically named in Part I)) at a pressure of less than 8 bars absolute; or

a liquid or mixture of liquids, as specified in item 4 of Part II of that Schedule;

“ Notification Regulations " means the Notification of Installations Handling Hazardous Substances Regulations 1982 ;

“ operational Crown building ” means a building which is operational Crown land;

“ operational Crown land ” means–

Crown land which is used for operational purposes; and

Crown land which is held for those purposes,

but does not include–

land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or held, for operational purposes;

Crown land–

belonging to Her Majesty in right of the Crown and forming part of the Crown Estate;

in which there is an interest belonging to Her Majesty in right of Her private estates;

in which there is an interest belonging to Her Majesty in right of the Duchy of Lancaster; or

belonging to the Duchy of Cornwall;

“ operational purposes ” means the purposes of carrying on the functions of the Crown or of either House of Parliament;

“ original ” means–

in relation to a building, other than a building which is Crown land, existing on 1st July 1948, as existing on that date and, in relation to a building, other than a building which is Crown land, built on or after 1st July 1948, as so built;

in relation to a building which is Crown land on 7th June 2006, as existing on that date and, in relation to a building built on or after 7th June 2006 which is Crown land on the date of its completion, as so built;

“ plant " includes any structure or erection in the nature of plant;

“ private way " means a highway not maintainable at the public expense and any other way other than a highway;

“ proposed highway " has the same meaning as in section 329 of the Highways Act 1980 (further provision as to interpretation);

“ public service vehicle " means a public service vehicle within the meaning of section 1 of the Public Passenger Vehicles Act 1981 (definition of public service vehicles) or a tramcar or trolley vehicle within the meaning of section 192(1) of the Road Traffic Act 1988 (general interpretation);

“ satellite antenna " means apparatus designed for transmitting microwave radio energy to satellites or receiving it from them, and includes any mountings or brackets attached to such apparatus;

“ scheduled monument ” has the meaning given by section 3(7) of the Historic Environment (Wales) Act 2023;

“ by site display " means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;

...

“ site of special scientific interest " means land to which section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest) applies;

“ solar PV ” means solar photovoltaics;

“ statutory undertaker " includes, in addition to any person mentioned in section 262(1) of the Act (meaning of statutory undertakers), a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011 ) in connection with the provision of a universal postal service (within the meaning of that Part ) , the Civil Aviation Authority, the Environment Agency, the Natural Resources Body for Wales, any water undertaker, any public gas transporter , and any licence holder within the meaning of section 64(1) of the Electricity Act 1989 (interpretation etc. of Part 1);

“ terrestrial microwave antenna " means apparatus designed for transmitting or receiving terrestrial microwave radio energy between two fixed points;

“ trunk road " means a highway or proposed highway which is a trunk road by virtue of section 10(1) or 19 of the Highways Act 1980 (general provisions as to trunk roads, and certain special roads and other highways to become trunk roads) or any other enactment or any instrument made under any enactment;

“ the Use Classes Order " means the Town and Country Planning (Use Classes) Order 1987 ; and

“ World Heritage Site ” means a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage.

(3) Unless the context otherwise requires, any reference in this Order to the height of a building or of plant or machinery shall be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph “ground level" means the level of the surface of the ground immediately adjacent to the building or plant or machinery 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.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The land referred to elsewhere in this Order as article 1(5) land is the land described in Part 2 of Schedule 1 to this Order (National Parks, areas of outstanding natural beauty and conservation areas etc.).

(6) The land referred to elsewhere in this Order as article 1(6) land is the land described in Part 3 of Schedule 1 to this Order (National Parks and adjoining land and the Broads).

(7) Paragraphs (8) to (12) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in this Order or in any Schedule to this Order to give or send any statement, notice or other document to any other person (“the recipient”).

(8) The requirement shall be taken to be fulfilled where the notice or other document transmitted by means of the electronic communication is—

(a) capable of being accessed by the recipient,

(b) legible in all material respects, and

(c) sufficiently permanent to be used for subsequent reference.

(9) In paragraph (8), “legible in all material respects” means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

(10) Where the electronic communication is received by the recipient outside the recipient’s business hours, it shall be taken to have been received on the next working day; and for this purpose “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

(11) A requirement in this Order or in any Schedule to this Order that any document should be in writing is fulfilled where that document meets the criteria in paragraph (8), and “written” and cognate expressions are to be construed accordingly.

(12) References in this Order or in any Schedule to this Order to plans, drawings, notices or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.

(13) For the purposes of this Order, development carried out by or on behalf of any person in whom control of accommodation in any part of the Palace of Westminster or its precincts is vested shall be treated (so far as it would not otherwise be treated) as development by or on behalf of the Crown.

Section 2 Application

(1) This Order applies to all land in England and Wales, but where land is the subject of a special development order, whether made before or after the commencement of this Order, this Order shall apply to that land only to such extent and subject to such modifications as may be specified in the special development order.

(2) Nothing in this Order shall apply to any permission which is deemed to be granted under section 222 of the Act (planning permission not needed for advertisements complying with regulations).

Section 3 Permitted development

(1) Subject to the provisions of this Order and regulations 60 to 63 of the Conservation (Natural Habitats, & c.) Regulations 1994 (general development orders), planning permission is hereby granted for the classes of development described as permitted development in Schedule 2.

(2) Any permission granted by paragraph (1) is subject to any relevant exception, limitation or condition specified in Schedule 2.

(3) References in the following provisions of this Order to permission granted by Schedule 2 or by any Part, Class or paragraph of that Schedule are references to the permission granted by this article in relation to development described in that Schedule or that provision of that Schedule.

(4) Nothing in this Order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part III of the Act otherwise than by this Order.

(5) The permission granted by Schedule 2 shall not apply if—

(a) in the case of permission granted in connection with an existing building, the building operations involved in the construction of that building are unlawful;

(b) in the case of permission granted in connection with an existing use, that use is unlawful.

(6) The permission granted by Schedule 2 shall not, except in relation to development permitted by Parts 9, 11, 13 or 30, authorise any development which requires or involves the formation, laying out or material widening of a means of access to an existing highway which is a trunk road or classified road, or creates an obstruction to the view of persons using any highway used by vehicular traffic, so as to be likely to cause danger to such persons.

(7) Any development falling within Part 11 of Schedule 2 authorised by an Act or order subject to the grant of any consent or approval shall not be treated for the purposes of this Order as authorised unless and until that consent or approval is obtained, except where the Act was passed or the order made after 1st July 1948 and it contains provision to the contrary.

(8) Schedule 2 does not grant permission for the laying or construction of a notifiable pipe-line, except in the case of the laying or construction of a notifiable pipe-line by a public gas transporter in accordance with Class F of Part 17 of that Schedule.

(9) Except as provided in Part 31, Schedule 2 does not permit any development which requires or involves the demolition of a building, but in this paragraph “building" does not include part of a building.

(10) Subject to paragraph (12), Schedule 1 development or Schedule 2 development within the meaning of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (“the EIA Regulations") is not permitted by this Order unless:

(a) the local planning authority has adopted a screening opinion under regulation 5 of those Regulations that the development is not EIA development;

(b) the Secretary of State has , or the Welsh Ministers have, made a screening direction under regulation 5(11) or 7(6) of those Regulations that the development is not EIA development; or

(c) the Secretary of State has , or the Welsh Ministers have, given a direction under regulation 5(4) of those Regulations that the development is exempted from the application of those Regulations.

(11) Where:

(a) the local planning authority has adopted a screening opinion pursuant to regulation 5 of the EIA Regulations that development is EIA development and the Secretary of State has , or the Welsh Ministers have, in relation to that development neither made a screening direction to the contrary under regulation 5(11) or 7(6) of those Regulations nor directed under regulation 5(4) of those Regulations that the development is exempted from the application of those Regulations; or

(b) the Secretary of State has , or the Welsh Ministers have, directed that development is EIA development,

that development shall be treated, for the purposes of paragraph (10), as development which is not permitted by this Order.

(12) Paragraph (10) does not apply to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) development which consists of the carrying out by a drainage body within the meaning of the Land Drainage Act 1991 of improvement works within the meaning of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 ;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) development for which permission is granted by Part 7, Class D of Part 8, Part 11, Class B of Part 12, Class F(a) of Part 17, Class A or Class B of Part 20 or Class B of Part 21 of Schedule 2;

(e) development for which permission is granted by Class C or Class D of Part 20, Class A of Part 21 or Class B of Part 22 of Schedule 2 where the land in, on or under which the development is to be carried out is—

(i) in the case of Class C or Class D of Part 20, on the same authorised site,

(ii) in the case of Class A of Part 21, on the same premises or, as the case may be, the same ancillary mining land,

(iii) in the case of Class B of Part 22, on the same land or, as the case may be, on land adjoining that land,

as that in, on or under which development of any description permitted by the same Class has been carried out before 14th March 1999 ;

(f) the completion of any development begun before 14th March 1999 ;

(g) development for which permission is granted by Class B of Part 13.

(13) Where a person uses electronic communications for making any application required to be made under any of Parts 6, 7, 22, 23, 24, 30 or 31 of Schedule 2, that person shall be taken to have agreed—

(a) to the use of electronic communications for all purposes relating to his application which are capable of being effected using such communications;

(b) that his address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, his application; and

(c) that his deemed agreement under this paragraph shall subsist until he gives notice in writing that he wishes to revoke the agreement (and such revocation shall be final and shall take effect on a date specified by him but not less than seven days after the date on which the notice is given).

Section 4 Directions restricting permitted development

(1) If the Welsh Ministers or the appropriate local planning authority are satisfied that it is expedient that development described in any Part, Class or paragraph in Schedule 2, other than Class B of Part 22 or Class B of Part 23, should not be carried out unless permission is granted for it on an application, ... they may give a direction under this paragraph that the permission granted by article 3 shall not apply to—

(a) all or any development of the Part, Class or paragraph in question in an area specified in the direction; or

(b) any particular development, falling within that Part, Class or paragraph, which is specified in the direction,

and the direction shall specify that it is made under this paragraph.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A direction under paragraph (1) ... shall not affect the carrying out of—

(a) development permitted by Part 11 authorised by an Act passed after 1st July 1948 or by an order requiring the approval of both Houses of Parliament approved after that date;

(aa) development permitted by Class B of Part 13;

(aaa) development permitted by Part 24 which consists of the installation, alteration or replacement of a Regulation 2020/1070 small cell system;

(ab) development permitted by Part 37 or Part 38;

(b) any development in an emergency other than development permitted by Part 37 ; or

(c) any development mentioned in Part 24, unless the direction specifically so provides but this is subject to paragraph (3A) .

(3A) A direction under paragraph (1) ... may not affect the carrying out of development consisting of the installation, alteration or replacement of a Regulation 2020/1070 small cell system.

(4) A direction given or having effect as if given under this article shall not, unless the direction so provides, affect the carrying out by a statutory undertaker of the following descriptions of development—

(a) the maintenance of bridges, buildings and railway stations;

(b) the alteration and maintenance of railway track, and the provision and maintenance of track equipment, including signal boxes, signalling apparatus and other appliances and works required in connection with the movement of traffic by rail;

(c) the maintenance of docks, harbours, quays, wharves, canals and towing paths;

(d) the provision and maintenance of mechanical apparatus or appliances (including signalling equipment) required for the purposes of shipping or in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, quay, harbour, bank, wharf or basin;

(e) any development required in connection with the improvement, maintenance or repair of watercourses or drainage works;

(f) the maintenance of buildings, runways, taxiways or aprons at an aerodrome;

(g) the provision, alteration and maintenance of equipment, apparatus and works at an aerodrome, required in connection with the movement of traffic by air (other than buildings, the construction, erection, reconstruction or alteration of which is permitted by Class A of Part 18 of Schedule 2).

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A) The procedures which must be followed in making, varying or withdrawing any direction made under paragraph (1), are set out in Schedule 2A.

(6) In this article and in Schedule 2A —

“appropriate local planning authority" means—

in relation to a conservation area in a non-metropolitan county in England , the county planning authority or the district planning authority; and

in relation to any other area, the local planning authority whose function it would be to determine an application for planning permission for the development to which the direction relates or is proposed to relate;

“Regulation 2020/1070 small cell system” has the same meaning as in Part 24 of Schedule 2;

...

Section 5 Procedure for article 4(1) directions

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

Section 6 Directions with immediate effect

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

Section 7 Directions restricting permitted development under Class B of Part 22 or Class B of Part 23

(1) If, on receipt of a notification from any person that he proposes to carry out development within Class B of Part 22 or Class B of Part 23 of Schedule 2, a mineral planning authority are satisfied as mentioned in paragraph (2) below, they may, within a period of 21 days beginning with the receipt of the notification, direct that the permission granted by article 3 of this Order shall not apply to the development, or to such part of the development as is specified in the direction.

(2) The mineral planning authority may make a direction under this article if they are satisfied that it is expedient that the development, or any part of it, should not be carried out unless permission for it is granted on an application because—

(a) the land on which the development is to be carried out is within—

(i) a National Park,

(ii) an area of outstanding natural beauty,

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) a site of special scientific interest, or

(v) the Broads;

(b) the development, either taken by itself or taken in conjunction with other development which is already being carried out in the area or in respect of which notification has been given in pursuance of the provisions of Class B of Part 22 or Class B of Part 23, would cause serious detriment to the amenity of the area in which it is to be carried out or would adversely affect the setting of a building shown as Grade I in the list of buildings of special architectural or historic interest maintained by the Welsh Ministers under section 76(1) of the Historic Environment (Wales) Act 2023 (duty to maintain list of buildings);

(c) the development would constitute a serious nuisance to the inhabitants of a nearby residential building, hospital or school; or

(d) the development would endanger aircraft using a nearby aerodrome.

(3) A direction made under this article shall contain a statement as to the day on which (if it is not disallowed under paragraph (5) below) it will come into force, which shall be 29 days from the date on which notice of it is sent to the Secretary of State in accordance with paragraph (4) below.

(4) As soon as is reasonably practicable a copy of a direction under this article shall be sent by the mineral planning authority to the Secretary of State and to the person who gave notice of the proposal to carry out development.

(5) The Secretary of State may, at any time within a period of 28 days beginning with the date on which the direction is made, disallow the direction; and immediately upon receipt of notice in writing from the Secretary of State that he has disallowed the direction, the mineral planning authority shall give notice in writing to the person who gave notice of the proposal that he is authorised to proceed with the development.

Section 8 Directions

Any power conferred by this Order to give a direction includes power to cancel or vary the direction by a subsequent direction.

Section 9 Revocations

The statutory instruments specified in column 1 of Schedule 3 are hereby revoked to the extent specified in column 3.

Section 1

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

Section 2

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

A Permitted development

The enlargement, improvement or other alteration of a dwellinghouse.

A.1 Development not permitted

Development is not permitted by Class A if—

(a) as a result of the works, the total area of ground covered by buildings within the curtilage of the dwellinghouse (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

(b) the height of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the highest part of the roof of the existing dwellinghouse;

(c) the height of the eaves of the part of the dwellinghouse enlarged, improved or altered would exceed the height of the eaves of the existing dwellinghouse;

(d) the enlarged part of the dwellinghouse would be within 2 metres of the boundary of the curtilage of the dwellinghouse and—

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

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

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

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

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

(ii) any point 5 metres from the highway;

whichever is the nearer to the highway;

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

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

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

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

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

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

(bb) opposite the relevant side elevation;

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

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

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

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

(ii) exceed 4 metres in height;

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

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

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

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

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

(bb) opposite the rear wall of the dwellinghouse;

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

(l) it would consist of or include—

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

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

(aa) contains a platform of any description;

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

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

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

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

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

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

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

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

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

A.2 Development not permitted

In the case of a dwellinghouse on article 1(5) land or within a World Heritage Site, development is not permitted by Class A if—

(a) it would consist of or include the cladding of any part of the exterior of the existing dwellinghouse with stone, artificial stone, pebble dash, render, timber, plastic, metal or tiles;

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

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

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

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

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

A.3 Conditions

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

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

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

(i) obscure-glazed;

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

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

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

A.4 Interpretation of Class A

For the purposes of paragraph A.1(b)—

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

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

(c) “relevant structure” means any parapet wall, firewall, chimney or other roof furniture or similar structure.

A.5 Interpretation of Class A

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

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

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

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

A.6 Interpretation of Class A

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

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

(i) that wall in its original form; or

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

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

(i) that wall as it exists; or

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

A.7 Interpretation of Class A

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

A.8 Interpretation of Class A

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

B Permitted development

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

B.1 Development not permitted

Development is not permitted by Class B if—

(a) any part of the dwellinghouse would, as a result of the works, exceed the height of the highest part of the existing roof;

(b) any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse;

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

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

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

(d) the cubic content of the resulting roof space would exceed the cubic content of the original roof space by more than—

(i) 40 cubic metres in the case of a terrace house; or

(ii) 50 cubic metres in any other case;

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

(f) it would consist of or include—

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

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

(aa) contains a platform of any description;

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

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

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

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

B.2 Conditions

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

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

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

(i) obscure-glazed;

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

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

B.3 Interpretation of Class B

For the purposes of Class B “resulting roof space” means the roof space as enlarged, taking into account any enlargement to the original roof space, whether permitted by this Class or not.

B.4 Interpretation of Class B

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

B.5 Interpretation of Class B

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

B.6 Interpretation of Class B

For the purposes of paragraph B.1(e)—

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

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

C Permitted development

Any other alteration to the roof of a dwellinghouse.

C.1 Development not permitted

Development is not permitted by Class C if—

(a) the alteration would protrude more than 15 centimetres beyond the plane of the slope of the original roof when measured from the perpendicular with the external surface of the original roof;

(b) it would result in the highest part of the alteration being higher than the highest part of the original roof;

(c) it would consist of or include—

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

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

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

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

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

(aa) contains a platform of any description;

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

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

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

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

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

C.2 Conditions

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

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

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

(i) obscure-glazed;

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

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

C.3 Interpretation of Class C

For the purposes of paragraph C.1(b)—

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

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

(c) “relevant structure” means any parapet wall, firewall, chimney or other roof furniture or similar structure.

D Permitted development

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

D.1 Development not permitted

Development is not permitted by Class D if—

(a) the ground area (measured externally) of the structure would exceed 3 square metres;

(b) any part of the structure would be more than 3 metres above ground level; or

(c) any part of the structure would be within 2 metres of any boundary between the curtilage of the dwellinghouse and a highway.

E Permitted development

The provision within the curtilage of the dwellinghouse of—

(a) any building or enclosure, raised platform, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building, enclosure, platform or pool; or

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

E.1 Development not permitted

Development is not permitted by Class E if—

(a) the total area of ground covered by buildings, enclosures, raised platforms, pools and containers within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse);

(b) any part of the building, enclosure, raised platform, pool or container would extend beyond a wall comprised in the principal elevation of the original dwellinghouse;

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

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

(ii) any point 5 metres from the highway;

whichever is the nearer to the highway;

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

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

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

(ii) 3 metres in any other case;

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

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

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

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

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

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

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

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

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

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

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

(m) the capacity of the container would exceed 3,500 litres.

E.2 Development not permitted

In the case of any land within the curtilage of the dwellinghouse which is on article 1(5) land or within a World Heritage Site, development is not permitted by Class E if—

(a) the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwellinghouse would exceed 10 square metres;

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

E.3 Interpretation of Class E

For the purposes of Class E, “purpose incidental to the enjoyment of the dwellinghouse as such” includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.

E.4 Interpretation of Class E

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

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

(i) that wall in its original form; or

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

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

(i) that wall as it exists; or

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

E.5 Interpretation of Class E

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

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

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

F Permitted development

Development consisting of—

(a) the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such; or

(b) the replacement in whole or in part of such a surface.

F.1 Development not permitted

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

F.2 Conditions

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

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

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

the hard surface must be —

(i) porous or permeable; or

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

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

F.3 Interpretation of Class F

For the purposes of F.2—

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

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

G Permitted development

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

G.1 Development not permitted

Development is not permitted by Class G if—

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

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

G.2 Interpretation of Class G

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

H Permitted development

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

H.1 Development not permitted

Development is not permitted by Class H if—

(a) it would result in the presence on the dwellinghouse or within its curtilage of—

(i) more than two antennas;

(ii) a single antenna exceeding one metre in length;

(iii) two antennas which do not meet the relevant size criteria;

(iv) an antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres;

(v) an antenna installed on a chimney, where the antenna would protrude above the chimney; or

(vi) an antenna with a cubic capacity in excess of 35 litres;

(b) in the case of an antenna to be installed on a roof without a chimney, the highest part of the antenna would be higher than the highest part of the roof;

(c) in the case of an antenna to be installed on a roof with a chimney, the highest part of the antenna would be higher than the highest part of the chimney, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lower; or

(d) in the case of article 1(5) land or a World Heritage Site, it would consist of the installation of an antenna—

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

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

H.2 Conditions

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

(a) an antenna installed on a building must, so far as practicable, be sited so as to minimise its effect on the external appearance of the building; and

(b) an antenna no longer needed for reception or transmission purposes must be removed as soon as reasonably practicable.

H.3 Interpretation of Class H

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