OpenLegislation

Paragraph D.2 ConditionsF1F2F3

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

(a)

the awning must be fully retractable;

(b)

the awning must be fully retracted between 10 pm and 8 am;

(c)

the awning must not have—

(i)

any means of support from the public highway;

(ii)

any side or front panels extending towards the ground;

(d)

where an awning extends over a highway, permission must have been obtained from the relevant council under section 115E of the Highways Act 1980 for—

(i)

the installation of an awning;

(ii)

any connected use of the highway under Class F of Part 4A of this Schedule;

(e)

where permission has been given under section 115E for any connected use of the highway under Class F of Part 4A of this Schedule, an awning must not project beyond the part of the highway for which permission has been given for that connected use;

(f)

the erection of the awning must be completed within the relevant period.

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 Pts. 41, 42 inserted (W.) (28.4.2014) by The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2014 (S.I. 2014/592), arts. 1(1), 2(5)

F3

Sch. 2 Pt. 42 Class D inserted (W.) (30.4.2021) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (Wales) Order 2021 (S.I. 2021/386), arts. 1(1), 4(2)

Notes on Part 42

Textual amendments

F3

Words in Sch. 2 Pt. 42 heading inserted (W.) (30.4.2021) by The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (Wales) Order 2021 (S.I. 2021/386), arts. 1(1), 4(1)