OpenLegislation

Paragraph H.2 Development not permittedF1F2

Development is not permitted by Class H if—

(a)

in the case of the installation of a stand alone wind turbine, it would result in the presence of more than one stand alone wind turbine within the curtilage of the dwellinghouse;

(b)

in the case of the installation of a stand alone wind turbine, an air source heat pump is installed on the dwellinghouse or within the curtilage of the dwellinghouse;

(c)

the highest part of the stand alone wind turbine (including blades) would exceed 11.1 metres in height;

(d)

the distance between ground level and the lowest part of any blade of the stand alone wind turbine would be less than 5 metres;

(e)

any part of the stand alone wind turbine (including blades but excluding guy lines) would be located in a position which is less than a distance equivalent to the overall height (including blades) of the stand alone wind turbine plus 10 % of its height when measured from any point along the boundary of the curtilage;

(f)

the swept area of the blades of the stand alone wind turbine exceeds 9.6 square metres;

(g)

the stand alone wind turbine would be installed on safeguarded land;

(h)

the stand alone wind turbine would be installed within the curtilage of a listed building;

(i)

the stand alone wind turbine would be installed on a site designated as a scheduled monument;

(j)

in the case of land within a conservation area, the stand alone wind turbine would be installed so that it is visible from a highway which bounds the curtilage of the dwellinghouse; or

(k)

the stand alone wind turbine would be installed on land which is within an area of outstanding natural beauty, a World Heritage Site or a site of special scientific interest.

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. 40 substituted (W.) (18.6.2012) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2012 (S.I. 2012/1346), arts. 1(1), 2(3)