Explanatory note

This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) (“the GPDO”). The GPDO provides, for the purposes of section 59 of the Town and Country Planning Act 1990 (c. 8), for the grant of planning permission for certain classes of development without the requirement for a planning application to be made under Part 3 of that Act. The classes of permission, known as “permitted development rights” together with their accompanying conditions, limitations and restrictions, are set out in Schedule 2 to the GPDO.

Article 3 introduces a new definition of “European site” into the GPDO and amends the existing definition of “National Planning Policy Framework”.

Articles 4 and 5 amend Classes D and E of Part 2 of Schedule 2 to the GPDO (which deal respectively with electrical outlets and electrical upstands for recharging vehicles) to extend those rights, which previously only applied in areas lawfully used for off-street parking. The amendments introduce new conditions and limitations, including that where there is a footway between the electrical outlet and the vehicle, any charging cable must cross the pavement by means of a cross-pavement solution.

Article 5 also amends Class E.2 to permit the installation of additional units of equipment housing, provided that the cumulative maximum volume of all equipment housing does not exceed 45 cubic metres. Where the equipment housing exceeds 29 cubic metres and is installed on article 2(3) land, the developer will be required to obtain prior approval from the local planning authority.

Class CB of Part 4 of Schedule 2 to the GPDO provides a temporary right to provide buildings on school land where the school has a RAAC-affected building. This right was due to expire at 11.59 p.m. on 24th October 2026. Article 6 extends this right so that it will continue until 11.59 p.m. on 24th October 2028.

Article 7 inserts a new Class F into Part 9 of Schedule 2 to the GPDO to permit, subject to the stated limitations and conditions, the installation, alteration or replacement of a cross-pavement solution by or on behalf of a highway authority, or with its authorisation.

Class B (electricity undertakings) of Part 15 (power related development) of Schedule 2 to the GPDO permits, among other things, the installation of substations by electricity undertakers. Article 8 extends this right so that it applies to substations up to 45 cubic metres in capacity. Where the capacity of the substation exceeds 29 cubic metres, it will be subject to new, additional conditions and limitations, including a requirement to obtain prior approval from the local planning authority where the chamber would be situated on article 2(3) land.

Article 9 amends paragraph B (interpretation) of Part 20 (construction of new dwellinghouses) of Schedule 2 to the GPDO to replace references to the “Health and Safety Executive” with references to the “Building Safety Regulator”.

Article 10 makes transitional provision in relation to the amendments made by this Order.

A full impact assessment has not been produced for this Order as no, or no significant, impact on the private sector, voluntary sector or public sector is foreseen. An explanatory memorandum is published alongside this instrument at www.legislation.gov.uk.