Paragraph 2 Procedure for article 4(1) directions with immediate effectF1

(1)

This paragraph applies where—

(a)

a direction relating only to development permitted by any of—

(i)

Part 1 (development within the curtilage of a dwellinghouse);

(ii)

Part 2 (minor operations);

(iii)

Part 3 (changes of use), excluding development permitted by paragraphs (b)(i) and (c)(i) of Class I;

(iv)

Part 4 (temporary buildings and uses);

(v)

Part 31 (demolition of buildings);

of Schedule 2 has been made by the local planning authority or the Welsh Ministers under article 4(1) and the planning authority consider that the development to which the direction relates would be prejudicial to the proper planning of their area or constitute a threat to the amenities of their area; or

(b)

a direction within the whole or part of any conservation area has been made by the local planning authority or the Welsh Ministers under article 4(1) which the planning authority considers should have immediate effect and the development to which the direction relates is described in sub-paragraph (3).

(2)

Paragraphs 1(1) to (3), (4)(a) to (e), (5), and (8) and (9) apply in relation to a direction to which this paragraph applies; and the planning authority must notify the Welsh Ministers of the direction on the same day that notice is given under paragraph 1(1).

(3)

The development referred to in sub-paragraph (1)(b) is development described in—

(a)

Class A of Part 1 of Schedule 2, consisting of the enlargement, improvement or other alteration of a dwellinghouse, where any part of the enlargement, improvement or alteration would front a relevant location;

(b)

Class C of Part 1 of that Schedule, where the alteration would be to a roof slope which fronts a relevant location;

(c)

Class D of Part 1 of that Schedule, where the external door in question fronts a relevant location;

(d)

Class E of Part 1 of that Schedule, where the building or enclosure, raised platform, swimming or other pool to be provided would front a relevant location, or where the part of the building or enclosure maintained, improved or altered would front a relevant location;

(e)

Class F of Part 1 of that Schedule, where the hard surface would front a relevant location;

(f)

Class H of Part 1 of that Schedule, where the part of the building or other structure on which the antenna is to be installed, altered or replaced fronts a relevant location;

(g)

Part 1 of that Schedule, consisting of the installation, alteration or removal of a chimney on a dwellinghouse or on a building within the curtilage of a dwellinghouse;

(h)

Class A of Part 2 of that Schedule, where the gate, fence, wall or other means of enclosure would be within the curtilage of a dwellinghouse and would front a relevant location;

(i)

Class C of Part 2 of that Schedule, consisting of the painting of the exterior of any part, which fronts a relevant location, of—

(i)

a dwellinghouse; or

(ii)

any building or enclosure within the curtilage of a dwellinghouse;

(j)

Class B of Part 31 of that Schedule, where the gate, fence, wall or other means of enclosure is within the curtilage of a dwellinghouse and fronts a relevant location.

(4)

The direction takes effect —

(a)

on the date on which the notice is served under paragraph 1(1)(c) on the occupier of that part of the land or, if there is no occupier, on the owner; or

(b)

if paragraph 1(2) applies, on the date on which the notice is first published or displayed in accordance with paragraph 1(1).

(5)

A direction to which this paragraph applies expires at the end of 6 months beginning with the day on which it takes effect, unless it is confirmed by the local planning authority in accordance with paragraphs 1(8) and (9), before the end of that period.

(6)

The local planning authority must, as soon as practicable after a direction has been confirmed—

(a)

give notice of their confirmation; and

(b)

send a copy of the direction as confirmed to the Welsh Ministers.

(7)

Notice under sub-paragraph (6)(a) must be given in the manner described in paragraphs 1(1) and 4(a) to (c); and paragraphs 1(2) and (3) apply for this purpose as they apply for the purpose of paragraph 1(1)(c).

(8)

In this paragraph, “relevant location” means a highway, waterway or open space.

Annotations

Textual amendments

F1: Sch. 2A inserted (W.) (20.10.2022) by The Town and Country Planning (General Permitted Development etc.) (Amendment) (Wales) Order 2022 (S.I. 2022/997), arts. 1, 2(4)

Notes on the whole SI

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))