2019 No. 330 (W. 80)
The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019
The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 59, 60, 61 and 333 of the Town and Country Planning Act 1990and now exercisable by them, make the following Order:
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Title, commencement and interpretationTitle, commencement and interpretation
1.—(1) The title of this Order is the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2019.
(2) This Order comes into force on 1 April 2019.
(3) In this Order, references to—
(a)
(a) Schedule 2 are references to Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995; and
(b)
(b) a numbered Part are references to that Part of Schedule 2.
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Minor operations: recharging electric vehiclesMinor operations: recharging electric vehicles
3. In Part 2 (minor operations) after Class C insert—
“
Class D
Permitted development
D. The installation, alteration or replacement within an area lawfully used for off-street parking, of an electrical outlet mounted on a wall for recharging electric vehicles.
Development not permitted
D.1 Development is not permitted by Class D if the outlet and its casing would—
(a) exceed 0.2 cubic metres;
(b) face onto and be within two metres of a highway; or
(c) be within a site designated as a scheduled monument.
Class E
Permitted development
E. The installation, alteration or replacement within an area lawfully used for off-street parking, of an upstand with an electrical outlet mounted on it for recharging electric vehicles.
Development not permitted
E.1 Development is not permitted by Class E if the upstand and the outlet would—
(a) exceed 1.6 metres in height from the level of the surface used for the parking of vehicles;
(b) be within two metres of a highway;
(c) be within a site designated as a scheduled monument; or
(d) result in more than one upstand being provided for each parking space.
”
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Development by local authoritiesDevelopment by local authorities
4. In Part 12 (development by local authorities) in Class A after paragraph A.(b) insert—
“
(c)
(c) electric vehicle charging points and any associated infrastructure.
”
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Devolved associated linesDevolved associated lines
5.—(1) In Part 17 (development by statutory undertakers) in paragraph G.1(a) before subparagraph (i) insert—
“
(ai)
(ai) it would consist of or include the installation or replacement of a devolved associated line within the meaning set out in paragraph A.3(1) of Part 17A;
”
(2) After Part 17 insert Part 17A as set out in Schedule 1 to this Order.
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Development by Electronic Communications Code OperatorsDevelopment by Electronic Communications Code Operators
6. For Part 24 (development by electronic communications code operators (Wales))substitute Part 24 as set out in Schedule 2 to this Order.
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Non-domestic solar installationsNon-domestic solar installations
7.—(1) Part 43 (installation of non-domestic microgeneration equipment)is amended as follows.
(2) For the heading to Part 43 substitute “Installation of non-domestic energy generation equipment”.
(3) In paragraph A.1 (development not permitted) at the end of subparagraph (f) omit “or” and after subparagraph (g) insert—
“
; or
(h)
(h) the solar PV or solar thermal equipment would be installed on a building within three kilometres of the perimeter of an airport or aerodrome.
”
(4) In paragraph A.2 (conditions)—
(a)
(a) in subparagraph (b) omit “and”;
(b)
(b) after subparagraph (b) insert—
“
(ba)
(ba) solar PV or solar thermal equipment must, so far as practicable, be sited so as to minimise any impacts from glint or glare; and
”
(c)
(c) in subparagraph (c) for “capable of microgeneration” substitute “capable of generation”.
(5) In paragraph B.1 (development not permitted) at the end of subparagraph (b)(v) omit “or” and after subparagraph (c) insert—
“
; or
(d)
(d) the stand alone solar would be installed within three kilometres of the perimeter of an airport or aerodrome.
”
(6) In paragraph B.2 (conditions)—
(a)
(a) in subparagraph (a) omit “and”;
(b)
(b) after subparagraph (a) insert—
“
(aa)
(aa) stand alone solar must, so far as practicable, be sited so as to minimise any impacts from glint or glare; and
”;
(c)
(c) in subparagraph (b) for “capable of microgeneration” substitute “capable of generation”.
(7) In paragraph C.1 (development not permitted) in subparagraph (c) omit “or” and after subparagraph (d) insert—
“
; or
(e)
(e) the capacity of the ground source heat pump exceeds 45 kilowatts thermal.
”
(8) For paragraph D.1 (development not permitted) substitute—
“
D.1. Development is not permitted by Class D if—
(a) the total area covered by the water source heat pump (including any pipes) exceeds 0.5 hectares; or
(b) the capacity of the water source heat pump exceeds 45 kilowatts thermal.
”
(9) In paragraph G (interpretation of Part 43) at the appropriate places insert—
“
“aerodrome” does not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed;
”
“
“airport” has the meaning given by section 66 of the Civil Aviation Act 2012;
Deputy Minister for Housing and Local Government, under authority of the Minister for Housing and Local Government, one of the Welsh Ministers
SCHEDULE 1
Article 5(2)
Installation of devolved associated lines
PART 17A
Installation of devolved associated lines
Class A
Permitted Development
A. Development by statutory undertakers for the generation, transmission or supply of electricity for the purposes of their statutory undertaking consisting of—
athe installation of a devolved associated line with a nominal voltage not exceeding 20 kilovolts used or intended to be used for supplying a single consumer;
bthe installation of so much of a devolved associated line as is or will be within premises in the occupation or control of the person responsible for its installation;
cthe installation of a devolved associated line which—
iconnects an electric line installed below ground with apparatus mounted on a pole or structure; and
iiis attached to the pole or structure throughout its length except where it passes through a fuse or other apparatus;
dthe installation for a period not exceeding six months of a devolved associated line which connects two points on an existing line which are no further apart than the maximum distance so as to provide a diversion for the existing line;
ethe installation of a devolved associated line attached to a building where the building in question crosses a road, railway or watercourse and its principal purpose is not the support of the line;
fthe installation of a devolved associated line which replaces an existing line whether or not it is installed in the same position as the existing line in question;
gthe installation of one or more additional poles to support an existing devolved associated line;
hthe installation of a devolved associated line which has been, or is to be, installed in accordance with a power conferred by, or by an order made under, an Act of Parliament or an Act of the National Assembly for Wales.
A.1Development not permitted
1Development is not permitted by Class A if:
ain the case of any Class A(d) and (f) development, any part of the line is within a European site or a site of special scientific interest;
b(save as provided for in paragraph A.2(3)) in the case of any Class A(d), (f) or (g) development—
ithe line is to be installed in a different position from the existing line; or
iithe height above the surface of the ground of any support for the line will exceed the height of the highest support which is to be replaced;
iiithe installation will be in a National Park or an area of outstanding natural beauty,
and it is determined there is likely to be a significant adverse effect on the environment;
cin the case of any Class A(e) development, the building in question is a scheduled monument, a listed building or in a conservation area;
din the case of any Class A(f) development the line has a nominal voltage greater than the nominal voltage of the existing line.
2For the purposes of paragraph A.1(b) it is determined that there is likely to be a significant adverse effect on the environment if—
anotice is given by the person proposing to carry out the installation to the local planning authority of that proposal; and
bthe authority, within six weeks of receiving that notice—
idetermines that if the installation were completed in accordance with the proposal it would in the opinion of that authority be likely to have a significant adverse effect on the environment; and
iinotifies the person by whom the notice was given and the Welsh Ministers of that determination.
A.2Conditions
1Development is permitted in the case of any Class A (f) and (g) development subject to the following conditions—
athat any conditions applicable to the existing line contained in—
ia consent granted under section 37(1) of the Electricity Act 1989(consent required for overhead lines) or paragraph 10(b) of the Schedule to the Electric Lighting (Clauses) Act 1899; or
iian order granting development consent under the Planning Act 2008, or
iiia planning permission relating to the height, design or position of the existing line which are capable of being applied to the installation;
are complied with;
bthat the height above the surface of the ground of any support for the line does...
