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Paragraph BA2 ConditionsF1F2

Development is permitted by Class BA subject to the following conditions—

(a)

the developer must, before beginning the development in each calendar year, apply to the local planning authority in accordance with the procedure set out in paragraph BA.3, for a determination as to whether the prior approval of the authority is required as to—

(i)

arrangements for toilet and wastewater facilities,

(ii)

arrangements for waste disposal facilities, and

(iii)

the proposed means of vehicular access to the site at which the development is to be carried out;

(b)

where the local planning authority has given the developer written notice under paragraph BA.3 that prior approval is required, the developer must, before beginning the development, apply to the local planning authority for prior approval under the procedure in paragraph BA.4;

(c)

the development must not begin before the occurrence of one of the following—

(i)

the receipt by the developer of the local planning authority’s written notice of their determination that prior approval is not required;

(ii)

the expiry of 28 days following the date on which the application for a determination made under paragraph BA3 was received by the local planning authority without the local planning authority—

(aa)

notifying the developer that the application does not comply with paragraph BA.3(a), or

(bb)

notifying the developer of their determination;

(iii)

where a developer is required to apply to the local planning authority for prior approval as a result of a determination under paragraph BA.3—

(aa)

the developer has made an application under paragraph BA.4, and

(bb)

the developer has received the local planning authority’s written notice that prior approval has been granted;

(d)

the development must be carried out—

(i)

where prior approval is required, in accordance with the details approved by the local planning authority;

(ii)

where prior approval is not required, in accordance with the site plan and particulars submitted by the developer under paragraph BA.3(a).

Annotations

Textual amendments

F1

Order revoked (E.) (15.4.2015) by The Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596), art. 1(1), Sch. 4 para. 1 (with arts. 1(2), 8(2)(3))

F2

Sch. 2 Pt. 4 Class BA inserted (W.) (1.6.2026) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2026 (W.S.I. 2026/79), arts. 1(2), 3(3)