The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2023

• Citation: S.I. 2023/747
• Sections: 8

Section 1 Citation, commencement, extent and interpretation

(1) This Order may be cited as the Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2023 and comes into force on 26th July 2023.

(2) This Order extends to England and Wales.

(3) In this Order, “ the GPDO ” means the Town and Country Planning (General Permitted Development) (England) Order 2015 .

Section 2 Amendment to the Schedule 2 (permitted development rights) to the GPDO

Schedule 2 to the GPDO is amended in accordance with articles 3 to 5.

Section 3 Amendment to Part 4 (temporary buildings and uses)

(1) Part 4 is amended in accordance with paragraphs (2) to (4).

(2) In Class B (temporary use of land)—

(a) for paragraph B.1(c) substitute—

(c) the use of the land is for the siting of any caravan except a caravan which—

(i) is a motor vehicle designed or adapted for human habitation; and

(ii) is sited on the land in connection with a festival;

(b) at the end of paragraph B.1(d)(iii) for “, or” substitute “;” ;

(c) at the end of paragraph B.1(e) for “.” substitute—

; or

(f) the use of land is for camping, except when in connection with a festival.

(3) After Class BB (moveable structures for historic visitor attractions and listed pubs, restaurants etc.) insert—

Class BC – temporary recreational campsites

Permitted development

(BC) Development consisting of—

(a) the use of any land as a recreational campsite for not more than 60 days in total in any calendar year; and

(b) the provision on such land of—

(i) not more than 50 pitches; and

(ii) any moveable structure reasonably necessary for the purposes of the permitted use.

Development not permitted

(BC.1) Development is not permitted by Class BC—

(a) on a site of a scheduled monument;

(b) in a safety hazard area;

(c) in a military explosives storage area;

(d) on a site of special scientific interest;

(e) on a site of a listed building;

(f) for the siting of any caravan except a caravan which is used as a motor vehicle designed or adapted for human habitation.

Conditions

(BC.2) Development is permitted by Class BC subject to the following conditions—

(a) the developer must make on-site provision for users of the campsite of toilet and waste disposal facilities;

(b) the developer must notify the local planning authority in writing before commencement of development in each calendar year, providing a copy of the site plan, which must include particulars of—

(i) toilet and waste disposal facilities; and

(ii) the dates on which the site will be in use;

(c) the local planning authority (if not the same body as the fire and rescue authority in an area) must as soon as practicable provide to the relevant fire and rescue authority the notice described in paragraph BC.2(b); and

(d) where the proposed development is on land within Flood Zone 2 or Flood Zone 3, the permitted development is subject to prior approval by the local planning authority before commencement of development in each calendar year.

Procedure for applications for prior approval under Class BC

(BC.3)

(1) The following provisions apply where under Class BC a developer is required to apply to the local planning authority for prior approval.

(2) The application must be accompanied by—

(a) a site-specific flood risk assessment, including provision for warning and evacuation; and

(b) any fee required to be paid.

(3) On receipt of the application, the local planning authority must notify and consult the Environment Agency specifying the date by which they must respond (being not less than 21 days from the date the notice is given).

(4) The local planning authority must, when determining the application—

(a) take into account the response by the Environment Agency; and

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

(5) The development must not begin before either—

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

(b) the expiry of 56 days following the date on which the application was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.

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

(4) In Class E (temporary use of buildings or land for film-making purposes)—

(a) in paragraph E(a) (permitted development), and in paragraph E.4 (interpretation of Class E) in the definition of “filming period”, for “9 months” substitute “12 months” ;

(b) in paragraph E.1(a) (development not permitted), for “1.5 hectares” substitute “3 hectares” ; and

(c) in paragraph E.1(c), for “15 metres” substitute “20 metres” .

Section 4 Amendment to Part 7 (non-domestic extensions, alterations etc.)

In Part 7, after Class M (extensions etc. for schools, colleges, universities, prisons and hospitals) insert—

Class MA – alteration etc. of prison fences

Permitted development

(MA) The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure in connection with a prison.

Development not permitted

(MA.1) Development is not permitted by Class MA if the height of any gate, fence, wall or other means of enclosure would exceed 5.5 metres above ground level.

Interpretation

(MA.2) For the purposes of Class MA “ prison ” has the same meaning as in Class M of this Part.

Section 5 Amendment to Part 12 of Schedule 2 (development by local authorities)

(1) Part 12 of Schedule 2 is amended in accordance with paragraphs (2) and (3).

(2) In Class A, in paragraph A (permitted development) after “by” in the first and second place it occurs insert “or on behalf of” .

(3) In paragraph C (interpretation of Part 12), after the words “parish council” insert “, a National Park authority and the Broads Authority” .

Section 6 Amendment to the Town and Country Planning (Compensation) (England) Regulations 2015

In regulation 2 (prescribed development) of the Town and Country Planning (Compensation) (England) Regulations 2015 —

(a) in paragraph (d) after the word “Classes” insert “B,” and after “BB,” insert “BC,” ; and

(b) in paragraph (e) after “M” insert “, MA” .

Section 7 Amendment to the Town and Country Planning (Development Management Procedure) (England) Order 2015

In article 22 (duty to respond to consultation) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 , in sub-paragraph 1(e)—

(a) for “paragraph” substitute “paragraphs BC.2(d),” ; and

(b) for “filming” substitute “temporary buildings and uses” .

Section 8 Transitional provision

Class B of Part 4 of Schedule 2 of the GPDO has effect until the end of 25th July 2024 as if the amendments in article 3(2) had not been made.