OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Permitted Development) Order 1995 (“the GPDO”) and the Town and Country Planning (Compensation) (Wales) (No. 2) Regulations 2014 (“the 2014 Regulations”).

Article 3 of, and Schedule 2 to, the GPDO confer permitted development rights in respect of certain developments. Where such rights are conferred, an application for planning permission is not required.

Article 3 of this Order amends Part 4 of Schedule 2 (temporary buildings and uses) to the GPDO. It makes minor amendments to paragraph B.1(b) in relation to the use of land for a caravan site and adds a new class of permitted development (temporary use of land for campsites) at Class BA.

Paragraph BA details permitted development.

Paragraph BA.1 sets out development which is not permitted.

Paragraph BA.2 sets out the conditions for development.

Paragraph BA.3 provides the procedure for an application by a developer for a determination from a local planning authority as to whether prior approval is required.

Paragraph BA.4 sets out the procedure for making an application for prior approval by a developer and the granting of prior approval by a local planning authority.

Paragraph BA.5 is the interpretation clause.

Article 4 of this Order amends Class G (air source heat pumps) in Part 40 of Schedule 2 to the GPDO.

Article 4(2) amends paragraph G.1 (development not permitted, compliance with MCS Planning Standards) taking out a superfluous reference to equivalent standards.

Article 4(3) amends paragraph G.2 (development not permitted) to expand the circumstances in which the installation of an air source heat pump will be permitted development.

Paragraph G.3 (conditions) sets out the conditions attached to permitted development. Article 4(4) amends paragraph G.3(a) to provide that the air source heat pump must not be used solely for the purpose of cooling.

Article 5 of this Order amends Class H (the installation, alteration or replacement of a stand alone wind turbine within the curtilage of a dwellinghouse) of Part 40 of Schedule 2 to the GPDO to remove a superfluous reference to equivalent standards.

Article 6 of this Order makes amendments to paragraph J (interpretation of Part 40) of Part 40 of Schedule 2 to the GPDO by amending and inserting definitions.

Article 7 of this Order amends the 2014 Regulations by adding Class BA (temporary use of land as campsites) of Part 4 of Schedule 2 to the GPDO as a new class of development into the list of permitted development rights for which compensation on withdrawal of the right is limited in various ways and is provided for in the 2014 Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and is published on the Welsh Government website at www.gov.wales.