On 6th September regulations were laid in Parliament to amend the Town & Country Planning General Permitted Development Order 1995 and the Town & Country Planning (Control of Advertisements) (England)(Amendment) Regulations 2011, with some changes coming into force 1st October 2011 and some 1st December 2011.

These changes include new permitted development rights for householders to install micro wind turbines and air source heat pumps; the installation of electrical outlets for the recharging of electrical vehicles in off-street public and private car parks and amendments to clarify that local authorities can install on-street charging points for electric vehicles as permitted development.

The changes to the advertisement regulations give deemed consent to installers of charging points and energy suppliers to display their nameplates on the charging points. Subject to certain size restrictions and criteria.

Proposed changes

The initial changes coming into force on the 1st October include the insertion of 2 more classes into Schedule 2 Part 2 relating to Minor Operations,

Class D – The installation, alteration or replacement within an area lawfully used for off-street parking, of an electrical outlet mounted on a wall for recharging electric vehicles. This is subject to certain criteria and conditions for the development to be permitted by virtue of this Class.

Class E – The installation, alteration or replacement, within an area lawfully used for off-street parking, of an upstand with an electrical outlet mounted on it for recharging electric vehicles. This is subject to certain criteria and conditions for the development to be permitted by virtue of this Class.

Also inserted within Schedule 2 Part 12 (Development by Local Authorities), Class A subsection b is replaced by the following

(b) lamp standards, information kiosks, passenger shelters, public shelters and seats, telephone boxes, fire alarms, public drinking fountains, horse troughs, refuse bins or baskets, barriers for the control of people waiting to enter public service vehicles, electric vehicle charging points and any associated infrastructure, and similar structures or works required in connection with the operation of any public service administered by them.

 The main changes which come into force on 1st December 2011, are those to Schedule 2 to Part 40 relating to the Installation of Microgeneration Equipment.

This amendment introduces three new Classes of Permitted Development as follows

 Class G

The installation, alteration or replacement of an air source heat pump—

 (a) on a dwellinghouse or a block of flats; or

 (b) within the curtilage of a dwellinghouse or a block of flats, including on a building within that curtilage.

 Class H

The installation, alteration or replacement of a wind turbine on—

 (a) a detached dwellinghouse; or

 (b) a detached building situated within the curtilage of a dwellinghouse or a block of flats.

This again is subject to a list of criteria that have to be satisfied and a number of conditions that the development must comply with to be permitted development.

Class I

The installation, alteration or replacement of a stand alone wind turbine within the curtilage of a dwellinghouse or a block of flats.

All three Classes are subject to a complex list of criteria that have to be satisfied and a number of conditions that the development must comply with to be permitted development.

A significant number of Local Planning Authorities will no longer give free advice as to whether a development is Permitted Development or not within the Town & Country Planning (General Permitted Development) Order and request that a Certificate of Lawfulness for a Proposed Use or Development is submitted with the appropriate fee.

If you require further advice in relation to any permitted development, or need help to submit a Certificate of Lawfulness, a pre-application discussion, or a planning application, just give us a call on 01282 872570.

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