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

Publication Date:January 01, 2015
 
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2015No. 596

TOWN AND COUNTRY PLANNING, ENGLAND

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

18thMarch2015

24thMarch2015

15thApril2015

The Secretary of State, in exercise of the powers conferred by sections 59, 60, 61, 74 and 333(7) of the Town and Country Planning Act 1990( 1) and section 54 of the Coal Industry Act 1994( 2), makes the following Order:

Citation, commencement and application

1.-(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).

Interpretation

2.-(1) In this Order-

"the 1960 Act" means the Caravan Sites and Control of Development Act 1960( 3);

"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 article 255 of the Air Navigation Order 2009 (interpretation)( 4) which is-

(a) licensed under that Order,

(b) a Government aerodrome,

(c) 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,

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

(e) 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 255 of 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)( 5) as confirmed by the Secretary of State;

"building"-

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

(b) 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)( 6);

"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-

(a) 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)( 7); or

(b) 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 of Schedule 2 to this Order (changes of use), 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( 8);

"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 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-

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

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

(c) 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)( 9);

"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)( 10);

"local advertisement" means publication of the notice in at least one newspaper circulating in the locality in which-

(a) 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

(b) 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 an area, including an aerodrome, depot or port, within which the storage of military explosives has been licensed by the Secretary of State for Defence, and 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 powers conferred by article 33(1) of the Procedure Order (or any previous powers to the like effect)( 11);

"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)( 12);

"notifiable pipe-line" means a major accident hazard pipeline (as described in regulation 18 of the Pipelines Safety Regulations 1996( 13)) but does not include a pipeline the construction of which has been authorised under section 1 of the Pipe-lines Act 1962( 14);

"operational Crown building" means a building which is operational Crown land;

"operational Crown land" means-

(a) Crown land( 15) which is used for operational purposes; and

(b) Crown land which is held for those purposes,

but does not include-

(i) 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;

(ii) Crown land-

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

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

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

(dd) 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-

(a) in relation to a building, other than a building which is Crown land, existing on 1st July 1948, as existing on that date;

(b) in relation to a building, other than a building which is Crown land, built on or after 1st July 1948, as so built;

(c) in relation to a building which is Crown land on 7th June 2006, as existing on that date; and

(d) 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( 16);

"proposed highway" has the same meaning as in section 329 of the Highways Act 1980 (further provision as to interpretation)( 17);

"public service vehicle" means-

(a) a public service vehicle within the meaning of section 1 of the Public Passenger Vehicles Act 1981 (definition of public service vehicles)( 18), or

(b) a tramcar or trolley vehicle within the meaning of section 192(1) of the Road Traffic Act 1988 (general interpretation)( 19);

"safety hazard area" means an area notified to the local planning authority-

(a) 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

(b) 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)( 20);

"site display"...

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