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

• Citation: S.I. 2015/596
• Sections: 571

Section 1 Citation, commencement and application

(1) This Order may be cited as the Town and Country Planning (General Permitted Development) (England) Order 2015 and comes into force on 15th April 2015.

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

(3) Nothing in this Order applies 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 2 Interpretation

(1) In this Order—

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

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

“ adjoining owner or occupier ” means any owner or occupier of any premises or land adjoining the site;

“ aerodrome ” means an aerodrome as defined in paragraph 1 of Schedule 1 to the Air Navigation Order 2016 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 paragraph 1 of Schedule 1 to that Order ;

“ aqueduct ” does not include an underground conduit;

“ area of outstanding natural beauty ” means an area designated as such by an order made by Natural England under section 82 of the Countryside and Rights of Way Act 2000 (designation of areas) as confirmed by the Secretary of State;

“building”—

includes any structure or erection and, except in Class F of Part 2, Classes P and PA of Part 3, Class B of Part 11, Classes A to I of Part 14, Classes A, B and C of Part 16 , Class T of Part 19 and Class ZA of Part 20 , of Schedule 2, includes any part of a building; and

does not include plant or machinery and, in Schedule 2, except in Class F of Part 2 and Class C of Part 11, does not include any gate, fence, wall or other means of enclosure;

“ caravan ” has the same meaning as for the purposes of Part 1 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;

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

“dwellinghouse”, except in Part 3 (changes of use), Class B (demolition of buildings) of Part 11 (heritage and demolition), Part 12A (development by local authorities and health service bodies) and Part 20 (construction of new dwellinghouses) of Schedule 2 to this Order, 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, 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”, except in Part 20 (construction of new dwellinghouses) of Schedule 2 to this Order or in the expression “flat roof”, 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;

“Flood Zone 1”, “Flood Zone 2” and “Flood Zone 3” have the meaning given in Schedule 4 to the Procedure Order;

“ 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 same meaning as in section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (listing of buildings of special architectural or historic interest) ;

“ local advertisement ” means publication of the notice in at least one newspaper circulating in the locality in which—

in the case of a direction, the area or, as the case may be, the whole or relevant part of the conservation area to which the direction relates is situated; and

in any other case, the land to which the proposed development 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;

“military explosives storage area” means any area, including an aerodrome, depot, mooring or port, at which the storage of military explosives may be undertaken and for which the associated explosives safeguarding zone is identified on a safeguarding map, issued by the Secretary of State, provided to the local planning authority for the purposes of a direction made by the Secretary of State in exercise of powers conferred by article 31(1) of the Procedure Order (or any previous powers to the like effect);

“ 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;

“network” and “operator”, for the purposes of Part 3 and 4 of Schedule 2, have the same meaning as in Part 1 of the Railways Act 1993 (the provision of railway services) ;

“ notifiable pipe-line ” means a major accident hazard pipeline (as described in regulation 18 of the Pipelines Safety Regulations 1996 ) but does not include a pipeline the construction of which has been authorised under section 1 of the Pipe-lines Act 1962 ;

“ 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;

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;

“ Procedure Order ” means the Town and Country Planning (Development Management Procedure) (England) Order 2015 ;

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

“public holiday” means Christmas Day, Good Friday or a day which under the Banking and Financial Dealings Act 1971 is a bank holiday in England ;

“ 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) ;

“railway undertakers” has the same meaning as in section 329 of the Highways Act 1980 (further provision as to interpretation);

“ safety hazard area ” means an area notified to the local planning authority—

by the Health and Safety Executive for the purposes of paragraph (e) of the Table in Schedule 4 to the Procedure Order (or any previous powers to the like effect); or

by the Office for Nuclear Regulation for the purposes of paragraph (f) of that Table;

“ 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 same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments) ;

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

“ site of archaeological interest ” means land which—

is included in the schedule of monuments compiled by the Secretary of State under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments);

is within an area of land which is designated as an area of archaeological importance under section 33 of that Act (designation of areas of archaeological importance) , or

is within a site registered in any record adopted by resolution by a county council and known as the County Sites and Monuments Record;

“ site of special scientific interest ” means land to which section 28(1) of the Wildlife and Countryside Act 1981 (sites of special scientific interest, notification of additional land and enlargement of SSSI) applies;

“ 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;

a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 (air traffic services);

the Environment Agency ;

any water undertaker;

any gas transporter; and

any licence holder under section 6 of the Electricity Act 1989 ;

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

“transport undertakers” includes, in addition to the meaning of transport undertaker in section 329 of the Highways Act 1980 (further provision as to interpretation), any person authorised to carry on—

a road transport undertaking; or

a tramway undertaking.

“ 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 provision 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 UNESCO Convention for the Protection of the World Cultural and Natural Heritage adopted at Paris on 16th November 1972 .

(2) Unless the context otherwise requires, any reference in this Order to the height of a building or of plant or machinery is to 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.

(3) The land referred to elsewhere in this Order as article 2(3) land is the land described in Part 1 of Schedule 1 to this Order (National Parks, areas of outstanding natural beauty and conservation areas etc).

(4) The land referred to elsewhere in this Order as article 2(4) land is the land described in Part 2 of Schedule 1 to this Order (National Parks and adjoining land and the Broads).

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

(6) Paragraphs (7) to (11) 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 ”).

(7) The requirement referred to in paragraph (6) is 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.

(8) In paragraph (7), “ 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.

(9) Where the electronic communication is received by the recipient outside the recipient’s business hours, it is 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 or public holiday.

(10) 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 (7), and “written” and related expressions are to be construed accordingly.

(11) 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.

(12) 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 is treated (so far as it would not otherwise be treated) as development by or on behalf of the Crown.

Section 3 Permitted development

(1) Subject to the provisions of this Order and regulations 75 to 78 of the Conservation of Habitats and Species Regulations 2017 (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 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 3 or Part 13 of the Act otherwise than by this Order.

(5) The permission granted by Schedule 2 does 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 does not, except in relation to development permitted by Classes A, B, D and E of Part 9 and Class A of Part 18 of that Schedule, 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 Class A of Part 18 of Schedule 2 authorised by an Act or order subject to the grant of any consent or approval is not to 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 gas transporter in accordance with Class A of Part 15 of that Schedule.

(9) Except as provided in Classes B and C of Part 11, 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.

(9A) Schedule 2 does not grant permission for, or authorise any development of, any new dwellinghouse—

(a) where the gross internal floor area is less than 37 square metres in size; or

(b) that does not comply with the nationally described space standard issued by the Department for Communities and Local Government on 27th March 2015.

(9B) The reference in paragraph (9A) to the nationally described space standard is to that standard read together with the notes dated 19th May 2016 which apply to it.

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

(a) the local planning authority has adopted a screening opinion under regulation 6 of those Regulations that the development is not EIA development within the meaning of those Regulations ;

(b) the Secretary of State has made a screening direction under regulation 5(3) of those Regulations that the development is not EIA development within the meaning of those Regulations ; or

(c) the Secretary of State has given a direction under regulation 63(1) 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 under regulation 6 of the EIA Regulations that development is EIA development within the meaning of those Regulations and the Secretary of State has in relation to that development neither made a screening direction to the contrary under regulation 5(3) of those Regulations nor directed under regulation 63(1) of those Regulations that the development is exempted from the application of those Regulations; or

(b) the Secretary of State has directed that development is EIA development within the meaning of those Regulations ,

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

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

(a) 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 ;

(b) development for which permission is granted by Class E of Part 6, Class K of Part 7, Class B of Part 12, Class A(a) of Part 15, Class D, E or I of Part 17 or Class A of Part 18 of Schedule 2;

(c) development for which permission is granted by Class F, H or K of Part 17 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 F of Part 17, on the same authorised site,

(ii) in the case of Class H of Part 17, on the same premises or, as the case may be, the same ancillary mining land,

(iii) in the case of Class K of Part 17, 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;

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

(e) development for which permission is granted by Class B of Part 9 of Schedule 2.

(13) Where a person uses electronic communications for making any application required to be made under any of Part of Schedule 2, that person is taken to have agreed—

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

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

(c) that the deemed agreement under this paragraph subsists until that person gives notice in writing revoking the agreement (and such revocation is final and takes effect on a date specified by the person but not less than 7 days after the date on which the notice is given).

Section 4 Directions restricting permitted development

(1) If the Secretary of State or the local planning authority is satisfied that it is expedient that development described in any Part, Class or paragraph in Schedule 2, other than Class DA of Part 4 or Class K , KA or M of Part 17, should not be carried out unless permission is granted for it on an application, the Secretary of State or (as the case may be) the local planning authority, may make a direction under this paragraph that the permission granted by article 3 does 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 must specify that it is made under this paragraph.

(2) A direction under paragraph (1) does not affect the carrying out of—

(a) development permitted by any Class in Schedule 2 which is expressed to be subject to prior approval where, in relation to that development, the prior approval date occurs before the date on which the direction comes into force and the development is completed within a period of 3 years starting with the prior approval date;

(b) development permitted by Class B of Part 9 of Schedule 2;

(c) development mentioned in Class A of Part 16 of Schedule 2, unless the direction specifically so provides;

(d) development permitted by Class A of Part 18 of Schedule 2 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;

(e) development permitted by Class Q, R, S or T of Part 19 of Schedule 2;

(f) development permitted under Schedule 2 in an emergency.

(3) A direction made or having effect as if made under this article does 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; or

(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 F of Part 8 of Schedule 2).

(4) The procedures which must be followed in making, modifying or cancelling any direction made under article 4(1) are set out in Schedule 3.

(5) In this article and in Schedule 3—

“ local planning authority ” means 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; and

“ prior approval date ” means the date on which—

prior approval is given;

a determination that such approval is not required is given, or

any period for giving such a determination has expired without the applicant being notified whether prior approval is required, given or refused.

Section 5 Directions restricting certain minerals permitted development

(1) If, on receipt of a notification from any person proposing to carry out development within Class K , KA or M of Part 17 of Schedule 2, a mineral planning authority are satisfied as mentioned in paragraph (2), they may, within a period of 21 days beginning with the receipt of the notification, direct that the permission granted by article 3 does 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) a site of archaeological interest, and the operation to be carried out is not one described in the Schedule to the Areas of Archaeological Importance (Notification of Operations) (Exemption) Order 1984 (exempt operations) ;

(iv) a site of special scientific interest; or

(v) the Broads;

(aa) in the case of development otherwise permitted under Class KA, the land on which the development is to be carried out is within a protected groundwater source area (as defined in Class JA of Part 17 of Schedule 2);

(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 under the provisions of Class K , KA or M of Part 17 of Schedule 2 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 Grade I listed building;

(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 must contain a statement as to the day on which (if it is not disallowed under paragraph (5)) it comes into force, which must be 29 days from the date on which notice of it is sent to the Secretary of State in accordance with paragraph (4).

(4) As soon as is reasonably practicable a copy of a direction under this article must 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 disallowing the direction, the mineral planning authority must give notice in writing, to the person who gave notice of the proposal, stating that the person is authorised to proceed with the development.

Section 6 Directions: general

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

Section 7 Prior approval applications: time periods for decision

Where, in relation to development permitted by any Class in Schedule 2 which is expressed to be subject to prior approval, an application has been made to a local planning authority for such approval or a determination as to whether such approval is required, the decision in relation to the application must be made by the authority—

(a) within the period specified in the relevant provision of Schedule 2,

(b) where no period is specified, within a period of 8 weeks beginning with the day immediately following that on which the application is received by the authority, or

(c) within such longer period than is referred to in paragraph (a) or (b) as may be agreed by the applicant and the authority in writing.

Section 7A Review

(1) The Secretary of State must from time to time—

(a) carry out a review of articles 1 to 7ZA ;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by those articles;

(b) assess the extent to which those objectives are achieved; and

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

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

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

Section 7ZA Prior approval applications: modified procedure in relation to call-in of applications

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

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

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

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

(a) it receives the release notice; or

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

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

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

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

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

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

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

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

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

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

(9) In this article—

“consultation and notification provision” means a provision in Schedule 2 in relation to a prior approval application which requires the local planning authority to—

give notice of a proposed development;

consult in relation to a proposed development; and/or

give notice to consultees;

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

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

Section 8 Revocations and saving

(1) Subject to paragraph (2), the statutory instruments specified in Schedule 4 are revoked insofar as they apply to England.

(2) For the purposes only of development specified in article 6(2) of the Amending Order, the Town and Country Planning (General Permitted Development) Order 1995, in the form in which it existed immediately before the coming into force of the Amending Order, continues to apply in relation to that development.

(3) The saving provision in paragraph (2) ceases to have effect at the end of the 3 year period beginning with the day on which this Order comes into force.

(4) In this article, “ the Amending Order ” means the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015 .

Section 1

Land within—

(a) an area designated as a conservation area under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (designation of conservation areas);

(b) an area of outstanding natural beauty;

(c) an area specified by the Secretary of State for the purposes of section 41(3) of the Wildlife and Countryside Act 1981 (enhancement and protection of the natural beauty and amenity of the countryside) ;

(d) the Broads;

(e) a National Park; and

(f) a World Heritage Site.

Section 2

(1) Land within the following areas—

(a) a National Park;

(b) the Broads; or

(c) land outside the boundaries of a National Park which is within the parishes listed in sub-paragraph (2).

(2) The parishes are—

(a) in the district of Allerdale—

Blindcrake, Bothel and Threapland, Bridekirk, Brigham, Broughton, Broughton Moor, Camerton, Crosscanonby, Dean, Dearham, Gilcrux, Great Clifton, Greysouthen, Little Clifton, Loweswater, Oughterside and Allerby, Papcastle, Plumbland, Seaton, Winscales;

(b) in the borough of Copeland—

Arlecdon and Frizington, Cleator Moor, Distington, Drigg and Carleton, Egremont, Gosforth, Haile, Irton with Santon, Lamplugh, Lowca, Lowside Quarter, Millom, Millom Without, Moresby, Parton, Ponsonby, St Bees, St Bridget's Beckermet, St John's Beckermet, Seascale, Weddicar;

(c) in the district of Eden—

Ainstable, Asby, Bandleyside, Bolton, Brough, Brough Sowerby, Brougham, Castle Sowerby, Catterlen, Clifton, Cliburn, Crackenthorpe, Crosby Garrett, Crosby Ravensworth, Culgaith, Dacre, Dufton, Glassonby, Great Salkeld, Great Strickland, Greystoke, Hartley, Hesket, Hillbeck, Hunsonby, Hutton, Kaber, Kings Meaburn, Kirkby Stephen, Kirby Thore, Kirkoswald, Langwathby, Lazonby, Little Strickland, Long Marton, Lowther, Mallerstang, Milburn, Morland, Mungrisdale, Murton, Musgrave, Nateby, Newbiggin, Newby, Orton, Ousby, Ravenstonedale, Shap, Skelton, Sleagill, Sockbridge and Tirril, Soulby, Stainmore, Tebay, Temple Sowerby, Thrimby, Waitby, Warcop, Wharton, Winton, Yanwath and Eamont Bridge;

(d) in the borough of High Peak—

Chapel-en-le-Frith, Charlesworth, Chinley Buxworth and Brownside, Chisworth, Green Fairfield, Hartington Upper Quarter, Hayfield, King Sterndale, Tintwistle, Wormhill;

(e) in the district of South Lakeland—

Aldingham, Angerton, Arnside, Barbon, Beetham, Blawith and Subberthwaite, Broughton West, Burton, Casterton, Docker, Egton-with-Newland, Fawcett Forest, Firbank, Grayrigg, Helsington, Heversham, Hincaster, Holme, Hutton Roof, Killington, Kirkby Ireleth, Kirkby Lonsdale, Lambrigg, Levens, Lower Allithwaite, Lower Holker, Lowick, Lupton, Mansergh, Mansriggs, Middleton, Milnthorpe, Natland, New Hutton, Old Hutton and Holmescales, Osmotherley, Pennington, Preston Patrick, Preston Richard, Scalthwaiterigg, Sedgwick, Skelsmergh, Stainton, Strickland Ketel, Strickland Roger, Urswick, Whinfell, Whitwell and Selside;

(f) in the district of West Derbyshire—

Aldwark, Birchover, Stanton.

Section 3

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

Section 4

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

A Permitted Development

The enlargement, improvement or other alteration of a dwellinghouse.

A Development not permitted

Development is not permitted by Class A if—

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

(b) 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);

(c) 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;

(d) 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;

(e) the enlarged part of the dwellinghouse would extend beyond a wall which—

(i) forms the principal elevation of the original dwellinghouse; or

(ii) fronts a highway and forms a side elevation of the original dwellinghouse;

(f) subject to paragraph (g), the enlarged part of the dwellinghouse would have a single storey and—

(i) extend beyond the rear wall of the original dwellinghouse by more than 4 metres in the case of a detached dwellinghouse, or 3 metres in the case of any other dwellinghouse, or

(ii) exceed 4 metres in height;

(g) ...for a dwellinghouse not on article 2(3) land nor on a site of special scientific interest, the enlarged part of the dwellinghouse would have a single storey and—

(i) extend beyond the rear wall of the original dwellinghouse by more than 8 metres in the case of a detached dwellinghouse, or 6 metres in the case of any other dwellinghouse, or

(ii) exceed 4 metres in height;

(h) the enlarged part of the dwellinghouse would have more than a single storey and—

(i) extend beyond the rear wall of the original dwellinghouse by more than 3 metres, or

(ii) be within 7 metres of any boundary of the curtilage of the dwellinghouse being enlarged which is opposite the rear wall of that dwellinghouse;

(i) the enlarged part of the dwellinghouse would be within 2 metres of the boundary of the curtilage of the dwellinghouse, and the height of the eaves of the enlarged part would exceed 3 metres;

(j) the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse, and would—

(i) exceed 4 metres in height,

(ii) have more than a single storey, or

(iii) have a width greater than half the width of the original dwellinghouse; ...

(ja) any total enlargement (being the enlarged part together with any existing enlargement of the original dwellinghouse to which it will be joined) exceeds or would exceed the limits set out in sub-paragraphs (e) to (j);

(k) it would consist of or include—

(i) the construction or provision of a verandah, balcony or raised platform,

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

(iii) the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or

(iv) an alteration to any part of the roof of the dwellinghouse ; or

(l) the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).

A Development not permitted

In the case of a dwellinghouse on article 2(3) land, 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 dwellinghouse with stone, artificial stone, pebble dash, render, timber, plastic or tiles;

(b) the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse; or

(c) the enlarged part of the dwellinghouse would have more than a single storey and extend beyond the rear wall of the original dwellinghouse;

(d) any total enlargement (being the enlarged part together with any existing enlargement of the original dwellinghouse to which it will be joined) exceeds or would exceed the limits set out in sub-paragraphs (b) and (c).

A Conditions

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

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

(b) any upper-floor window located in a wall or roof slope forming a side elevation of the dwellinghouse must be—

(i) obscure-glazed, and

(ii) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed; and

(c) where the enlarged part of the dwellinghouse has more than a single storey, or forms an upper storey on an existing enlargement of the original dwellinghouse, the roof pitch of the enlarged part must, so far as practicable, be the same as the roof pitch of the original dwellinghouse.

A Conditions

(1) The following conditions apply to development permitted by Class A which exceeds the limits in paragraph A.1(f) but is allowed by paragraph A.1(g).

(2) Before beginning the development the developer must provide the following information to the local planning authority—

(a) a written description of the proposed development including—

(i) how far the enlarged part of the dwellinghouse extends beyond the rear wall of the original dwellinghouse;

(ii) the maximum height of the enlarged part of the dwellinghouse; and

(iii) the height of the eaves of the enlarged part of the dwellinghouse;

(iv) where the enlarged part will be joined to an existing enlargement of the dwellinghouse, the information in sub-paragraphs (i) to (iii) must be provided in respect of the total enlargement (being the enlarged part together with the existing enlargement to which it will be joined);

(b) a plan indicating the site and showing the proposed development and any existing enlargement of the original dwellinghouse to which the enlarged part will be joined ;

(c) the addresses of any adjoining premises;

(d) the developer's contact address; and

(e) 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,

the conditions, limitations or restrictions applicable to development permitted by Class A which exceeds the limits in paragraph A.1(f) but is allowed by paragraph A.1(g).

(4) Sub-paragraphs (5) to (7) and (9) 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 notify each adjoining owner or occupier about the proposed development by serving on them a notice which—

(a) describes the development by setting out the information provided to the authority by the developer under paragraph A.4(2)(a);

(b) provides the address of the proposed development;

(c) specifies the date when the information referred to in sub-paragraph (2) was received by the local planning authority and the date when the period referred to in sub-paragraph (10)(c) would expire; and

(d) specifies the date (being not less than 21 days from the date of the notice) by which representations are to be received by the local planning authority.

(6) The local planning authority must send a copy of the notice referred to in sub-paragraph (5) to the developer.

(7) Where any owner or occupier of any adjoining premises objects to the proposed development, the prior approval of the local planning authority is required as to the impact of the proposed development on the amenity of any adjoining premises.

(8) The local planning authority may require the developer to submit such further information regarding the proposed development as the authority may reasonably require in order to determine the application.

(9) The local planning authority must, when considering the impact referred to in sub-paragraph (7)—

(a) take into account any representations made as a result of the notice given under sub-paragraph (5); and

(b) consider the amenity of all adjoining premises, not just adjoining premises which are the subject of representations.

(10) The development must not begin before the occurrence of one of the following—

(a) the receipt by the developer from the local planning authority of a written notice that their prior approval is not required;

(b) the receipt by the developer from the local planning authority of a written notice giving their prior approval; or

(c) the expiry of 42 days following the date on which the information referred to in sub-paragraph (2) was received by the local planning authority without the local planning authority notifying the developer as to whether prior approval is given or refused.

(11) 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 (10)(c) applies, in accordance with the information provided under sub-paragraph (2),

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

(12) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the impact of the proposed development on the amenity of any adjoining premises.

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16) When computing the number of days in sub-paragraph (5)(d), any day which is a public holiday must be disregarded.

AA Permitted development

The enlargement of a dwellinghouse consisting of the construction of—

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

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

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

AA.1 Development not permitted

Development is not permitted by Class AA if—

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

(b) the dwellinghouse is located on—

(i) article 2(3) land; or

(ii) a site of special scientific interest;

(c) the dwellinghouse was constructed before 1st July 1948 or after 28th October 2018;

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

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

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

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

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

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

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

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

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

(i) 3 metres; or

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

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

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

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

AA.2 Conditions

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

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

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

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

(c) the roof pitch of the principal part of the dwellinghouse following the development must be the same as the roof pitch of the existing dwellinghouse; and

(d) following the development, the dwellinghouse must be used as a dwellinghouse within the meaning of Class C3 of the Schedule to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use as a dwellinghouse.

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

(a) before beginning the development, the developer must apply to the local planning authority for prior approval as to—

(i) impact on the amenity of any adjoining premises including overlooking, privacy and the loss of light;

(ii) the external appearance of the dwellinghouse, including the design and architectural features of—

(aa) the principal elevation of the dwellinghouse, and

(bb) any side elevation of the dwellinghouse that fronts a highway;

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

(iv) whether, as a result of the siting of the dwellinghouse, the development will impact on a protected view identified in the Directions Relating to Protected Vistas dated 15th March 2012 issued by the Secretary of State;

(b) before beginning the development, the developer must provide the local planning authority with a report for the management of the construction of the development, which sets out the proposed development hours of operation and how any adverse impact of noise, dust, vibration and traffic on adjoining owners or occupiers will be mitigated;

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

(d) the developer must notify the local planning authority of the completion of the development as soon as reasonably practicable after completion; and

(e) that notification must be in writing and include—

(i) the name of the developer;

(ii) the address of the dwellinghouse; and

(iii) the date of completion.

AA.3 Procedure for applications for prior approval

(1) The following sub-paragraphs apply where an application to the local planning authority for prior approval is required by paragraph AA.2(3)(a)

(2) The application must be accompanied by—

(a) a written description of the proposed development, including details of any works proposed;

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

(c) a plan which is drawn to an identified scale and shows—

(i) the existing and proposed elevations of the dwellinghouse, and

(ii) the position and dimensions of the proposed windows.

together with any fee required to be paid.

(3) The local planning authority may refuse an application where, in its opinion—

(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 paragraphs AA.1 and AA.2.

(4) Sub-paragraphs (5) to (8) 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 notify each adjoining owner or occupier about the proposed development by serving on them a notice which—

(a) describes the proposed development, including the maximum height of the proposed additional storeys;

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

(c) specifies the date, which must not be less than 21 days from the date the notice is given, by which representations are to be received by the local planning authority.

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

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

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

(9) The local planning authority must notify the consultees referred to in sub-paragraphs (6) and (8) specifying the date by which they must respond, being not less than 21 days from the date the notice is given.

(10) When computing the number of days in sub-paragraphs (5)(c) and (9), any day which is a public holiday must be disregarded.

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

(a) assessments of impacts or risks;

(b) statements setting out how impacts or risks are to be mitigated, having regard to the National Planning Policy Framework issued by the Ministry of Housing, Communities and Local Government in July 2021 ; and

(c) details of proposed building or other operations.

(12) 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) and any consultation under sub-paragraph (6) or (8); and

(b) have regard to the National Planning Policy Framework issued by the Ministry of Housing, Communities and Local Government in July 2021 , so far as relevant to the subject matter of the prior approval, as if the application were a planning application.

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

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

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

AA4 Interpretation of Class AA

(1) For the purposes of Class AA—

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

“detached”, in relation to a dwellinghouse, means that the dwellinghouse does not—

share a party wall with another building; or

have a main wall adjoining the main wall of another building;

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

“semi-detached”, in relation to a dwellinghouse, means that the dwellinghouse is neither detached nor a terrace house;

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

“terrace house” means a dwellinghouse situated in a row of three or more buildings, where—

it shares a party wall with, or has a main wall adjoining the main wall of, the building on either side; or

if it is at the end of a row, it shares a party wall with, or has a main wall adjoining the main wall of, a building which fulfils the requirements of paragraph a.

(2) In Class AA references to a “storey” do not include—

(a) any storey below ground level; or

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

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

B Permitted development

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

B Development not permitted

Development is not permitted by Class B if—

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

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

(c) 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 and fronts a highway;

(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) it would consist of or include—

(i) the construction or provision of a verandah, balcony or raised platform, or

(ii) the installation, alteration or replacement of a chimney, flue or soil and vent pipe; ...

(f) the dwellinghouse is on article 2(3) land ; ...

(g) the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses) ; or

(h) the existing dwellinghouse has been enlarged in reliance on the permission granted by Class AA (enlargement of a dwellinghouse by construction of additional storeys).

B Conditions

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

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

(b) the enlargement must be constructed so that—

(i) other than in the case of a hip-to-gable enlargement or an enlargement which joins the original roof to the roof of a rear or side extension—

(aa) the eaves of the original roof are maintained or reinstated; and

(bb) the edge of the enlargement closest to the eaves of the original roof is, so far as practicable, not less than 0.2 metres from the eaves, measured along the roof slope from the outside edge of the eaves; and

(ii) other than in the case of an enlargement which joins the original roof to the roof of a rear or side extension, no part of the enlargement extends beyond the outside face of any external wall of the original dwellinghouse; and

(c) any window inserted on a wall or roof slope forming a side elevation of the dwellinghouse must be—

(i) obscure-glazed, and

(ii) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

B 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 Interpretation of Class B

For the purposes of paragraph B.2(b)(ii)—

(a) roof tiles, guttering, fascias, barge boards and other minor roof details overhanging the external wall of the original dwellinghouse are not to be considered part of the enlargement; and

(b) “rear or side extension” includes an original part of, or a subsequent extension of, the dwellinghouse that extends from the rear or side of the principal part of the original dwellinghouse.

C Permitted development

Any other alteration to the roof of a dwellinghouse.

C Development not permitted

Development is not permitted by Class C if—

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

(b) the alteration would protrude more than 0.15 metres beyond the plane of the slope of the original roof when measured from the perpendicular with the external surface of the original roof;

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

(d) it would consist of or include—

(i) the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or

(ii) the installation, alteration or replacement of solar photovoltaics or solar thermal equipment ; or

(e) the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).

C Conditions

Development is permitted by Class C subject to the condition that any window located on a roof slope forming a side elevation of the dwellinghouse must be—

(a) obscure-glazed; and

(b) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

D Permitted development

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

D Development not permitted

Development is not permitted by Class D if—

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

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

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

(d) any part of the structure would be within 2 metres of any boundary of the curtilage of the dwellinghouse with a highway ; or

(e) the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).

E Permitted development

The provision within the curtilage of the dwellinghouse of—

(a) any building or enclosure, 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 or enclosure; or

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

E Development not permitted

Development is not permitted by Class E if—

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

(b) the total area of ground covered by buildings, enclosures 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);

(c) any part of the building, enclosure, pool or container would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse;

(d) the building would have more than a single storey;

(e) the height of the building, enclosure or container would exceed—

(i) 4 metres in the case of a building with a dual-pitched roof,

(ii) 2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwellinghouse, or

(iii) 3 metres in any other case;

(f) the height of the eaves of the building would exceed 2.5 metres;

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

(h) it would include the construction or provision of a verandah, balcony or raised platform;

(i) it relates to a dwelling or a microwave antenna; ...

(j) the capacity of the container would exceed 3,500 litres ; or

(k) the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).

E Development not permitted

In the case of any land within the curtilage of the dwellinghouse which is within—

(a) an area of outstanding natural beauty;

(b) the Broads;

(c) a National Park; or

(d) a World Heritage Site,

E

In the case of any land within the curtilage of the dwellinghouse which is article 2(3) land, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwellinghouse and the boundary of the curtilage of the dwellinghouse.

E 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.

F Permitted development

Development consisting of—

(a) he 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 Development not permitted

Development is not permitted by Class F if—

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

(b) the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).

F Conditions

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

(a) the hard surface would be situated on land between a wall forming the principal elevation of the dwellinghouse and a highway, and

(b) the area of ground covered by the hard surface, or the area of hard surface replaced, would exceed 5 square metres,

either the hard surface is made of porous materials, or 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 dwellinghouse.

G Permitted development

The installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse.

G Development not permitted

Development is not permitted by Class G if—

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

(b) the height of the chimney, flue or soil and vent pipe would exceed the highest part of the roof by 1 metre or more; ...

(c) in the case of a dwellinghouse on article 2(3) land, the chimney, flue or soil and vent pipe would be installed on a wall or roof slope which—

(i) fronts a highway, and

(ii) forms either the principal elevation or a side elevation of the dwellinghouse ; or

(d) the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).

H Permitted development

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

H Development not permitted

Development is not permitted by Class H if—

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

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

(i) more than 2 antennas;

(ii) a single antenna exceeding 1 metre in length;

(iii) 2 antennas which do not meet the relevant size criteria;

(iv) an antenna installed on a chimney, where the length of the antenna would exceed 0.6 metres;

(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;

(c) 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;

(d) 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 0.6 metres measured from the highest part of the ridge tiles of the roof, whichever is the lower; ...

(e) in the case of article 2(3) land, it would consist of the installation of an antenna—

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

(ii) in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from, a waterway; or

(iii) on a building which exceeds 15 metres in height ; or

(f) the dwellinghouse is built under Part 20 of this Schedule (construction of new dwellinghouses).

H 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 is removed as soon as reasonably practicable.

H Interpretation of Class H

For the purposes of Class H—

(a) the relevant size criteria for the purposes of paragraph H.1(b)(iii) are that—

(i) only 1 of the antennas may exceed 0.6 metres in length; and

(ii) any antenna which exceeds 0.6 metres in length must not exceed 1 metre in length;

(b) the length of the antenna is to be measured in any linear direction, and excludes any projecting feed element, reinforcing rim, mounting or brackets.

I Interpretation of Part 1

For the purposes of Part 1—

“ highway ” includes an unadopted street or a private way;

“ raised ” in relation to a platform means a platform with a height greater than 0.3 metres; and

“ terrace house ” except in Class AA (enlargement of a dwellinghouse by construction of additional storeys), means a dwellinghouse situated in a row of 3 or more dwellinghouses used or designed for use as single dwellings, where—

it shares a party wall with, or has a main wall adjoining the main wall of, the dwellinghouse on either side; or

if it is at the end of a row, it shares a party wall with or has a main wall adjoining the main wall of a dwellinghouse which fulfils the requirements of paragraph (a); and

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

A Permitted development

The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.