(bb)a site of special scientific interest. This class requires … before the end of the period specified in paragraph (a)(v); (v)the period referred to in paragraph (a)(iv) is—, (aa)the period of 24 months from the date when the mining operations have permanently ceased or, if an application for approval of a restoration scheme has been made under paragraph (a)(i) before that date, 24 months from the date when that application has been finally determined, whichever is later, or. (a)in the case of the installation of an air source heat pump, the development would result in the presence of more than 1 air source heat pump on the same building or within the curtilage of the building or block of flats; (b)in the case of the installation of an air source heat pump, a wind turbine is installed on the same building or within the curtilage of the dwellinghouse or block of flats; (c)in the case of the installation of an air source heat pump, a stand-alone wind turbine is installed within the curtilage of the dwellinghouse or block of flats; (d)the volume of the air source heat pump’s outdoor compressor unit (including any housing) would exceed 0.6 cubic metres; (e)any part of the air source heat pump would be installed within 1 metre of the boundary of the curtilage of the dwellinghouse or block of flats; (f)the air source heat pump would be installed on a pitched roof; (g)the air source heat pump would be installed on a flat roof where it would be within 1 metre of the external edge of that roof; (h)the air source heat pump would be installed on a site designated as a scheduled monument; (i)the air source heat pump would be installed on a building or on land within the curtilage of the dwellinghouse or the block of flats if the dwellinghouse or the block of flats is a listed building; (j)in the case of land within a conservation area or which is a World Heritage Site the air source heat pump—, (i)would be installed on a wall or a roof which fronts a highway; or, (ii)would be installed so that it is nearer to any highway which bounds the curtilage than the part of the dwellinghouse or block of flats which is nearest to that highway; or, (k)in the case of land, other than land within a conservation area or which is a World Heritage Site, the air source heat pump would be installed on a wall of a dwellinghouse or block of flats if—. (d)the developer’s email address if the developer is content to receive communications electronically; (4) The local planning authority may refuse an application where, in the opinion of the authority—. S.  The installation, alteration or replacement by or on behalf of the Crown on Crown land of a closed circuit television camera and associated lighting for national security purposes. Class M – development by the Civil Aviation Authority for surveys etc. Development not permitted. 2009/1941 and 2011/205). 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. Can the new Use Class E help going to residential? (a)the cumulative area of ground covered by a hard surface within the curtilage of the site (other than hard surfaces already existing on 6th April 2010) would exceed 50 square metres; (b)as a result of the development, any land used as a playing field at any time in the 5 years before the development commenced and remaining in this use could no longer be so used; or. other than a dwellinghouse or a block of flats. Relevant amendments are made by section 1 of, and Schedule 1 to, the Infrastructure Act 2015 (c. 7). Section 299A was repealed by Schedule 9 to the Planning and Compulsory Purchase Act 2004 (c.5). (ii)the installation or erection by way of addition or replacement of any plant or machinery exceeding 15 metres in height or the height of any plant or machinery replaced, whichever is the greater. (a)the capacity of the system that the flue would serve exceeds 45 kilowatts thermal; (b)the height of the flue would exceed either—, (i)the highest part of the roof by 1 metre or more, or. T.5—(1) The developer must, before commencing development, give notice of the proposed development to any person (other than the developer) who is an owner or tenant of the land to which the development relates—, (a)by serving the appropriate notice on every such person whose name and address is known to the developer; and. C.  The installation, alteration or replacement of a microgeneration ground source heat pump within the curtilage of a dwellinghouse or a block of flats. (ii)a single antenna exceeding 1 metre in length; (iii)2 antennas which do not meet the relevant size criteria; (iv)an antenna installed on a chimney, where the length of the antenna would exceed 0.6 metres; (v)an antenna installed on a chimney, where the antenna would protrude above the chimney; or. (c)in the case of any Class D(f) development, it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater. the stand-alone solar is removed as soon as reasonably practicable when no longer needed. (b)the replacement in whole or in part of such a surface. B.4  For the purposes of paragraph B.2(b)(ii), roof tiles, guttering, fascias, barge boards and other minor roof details overhanging the external wall of the original dwellinghouse are not to be considered part of the enlargement. take into account any representations made to them as a result of any consultation under sub-paragraphs (5) or (6) and any notice given under sub-paragraph (8); have regard to the National Planning Policy Framework issued by the Department for Communities and Local Government in March 2012(, in relation to the contamination risks on the site—, determine whether, as a result of the proposed change of use, taking into account any proposed mitigation, the site will be contaminated land as described in Part 2A of the Environmental Protection Act 1990(. (3) The prior approval referred to in sub-paragraph (1) may not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—, (a)the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or, (4) The limits referred to in paragraph C.2(2)(c) are—, (a)that the cubic content of the building as extended, altered or replaced does not exceed that of the existing building by more than 25%; and. The appellant contends that the Council have misinterpreted their intention, which seeks to change the use of only part of the building. (c)a pump is removed as soon as reasonably practicable when no longer needed and the land is, as far as reasonably practicable, restored to its condition before the development took place, or to such condition as may have been agreed in writing between the local planning authority and the developer. In no event will we be liable for any loss or damage that may arise out of your reliance on such information. Nothing on Planning Geek, training or mentoring services constitutes legal or other professional advice, and must not be relied on as such, and it is your own responsibility to ensure that any information discussed is right for your circumstances. (6) The local planning authority must give notice of the proposed development—. Once granted you have three years from the date of the prior approval to carry out the works. (6) The local planning authority must take into account any representations made to them as a result of consultations or notices given under paragraph A.3, when determining the application made under sub-paragraph (3). (a)a site which has changed use under Class R may, subject to paragraph R.3, subsequently change use to another use falling within one of the use classes comprising the flexible use; (b)for the purposes of the Use Classes Order and this Order, after a site has changed use under Class R the site is to be treated as having a sui generis use; (c)after a site has changed use under Class R, the planning permissions granted by Class G of Part 7 of this Schedule apply to the building, subject to the following modifications—. in the case of school, college or university buildings, the predominant use of the existing buildings on the premises is for the provision of education; in the case of hospital buildings, the predominant use of the existing buildings on the premises is for the provision of any medical or health services. in any other case, it is land immediately adjoining an active access which, on 5th December 1988, was in use for the purposes of that mine in connection with coal-mining operations. (b)motor car and motorcycle racing including trials of speed, and practising for these activities. (a)the development would be carried out on a separate parcel of land forming part of the unit which is less than 1 hectare in area; (b)it would consist of the erection or extension of any agricultural building on an established agricultural unit (as defined in paragraph X of Part 3 of this Schedule) where development under Class Q or S of Part 3 (changes of use) of this Schedule has been carried out within a period of 10 years ending with the date on which development under Class A(a) begins; (c)it would consist of, or include, the erection, extension or alteration of a dwelling; (d)it would involve the provision of a building, structure or works not designed for agricultural purposes; (e)the ground area which would be covered by—, (i)any works or structure (other than a fence) for accommodating livestock or any plant or machinery arising from engineering operations; or. “general industrial use” means a use falling within Class B2 (general industrial) of the Schedule to the Use Classes Order; “industrial services” means services provided from premises with a light industrial use or general industrial use; “light industrial use” means a use falling within Class B1(c) (light industrial) of the Schedule to the Use Classes Order; “storage or distribution centre use” means a use falling within Class B8 (storage or distribution) of the Schedule to the Use Classes Order; and. uses falling within the following use classes:. You can have ‘Smaller DwellingHouses’ or ‘Larger Dwellinghouses’ or a combination. L.1  Development is not permitted by Class L if it would result in the use—, (a)as two or more separate dwellinghouses falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order of any building previously used as a single dwellinghouse falling within Class C4 (houses in multiple occupation) of that Schedule; or. F.1  For the purposes of Part 16, the length of an antenna is to be measured in any linear direction and excludes any projecting feed element, reinforcing rim, mounting or brackets. (b)the land is restored, so far as is practicable, to its condition before the development took place, or restored to such condition as may have been agreed in writing between the mineral planning authority and the developer. D.  The installation, alteration or replacement of a microgeneration water source heat pump within the curtilage of a dwellinghouse or a block of flats. (a)take into account any representations made to them as a result of any consultation under sub-paragraphs (5) or (6) and any notice given under sub-paragraph (8); (b)have regard to the National Planning Policy Framework issued by the Department for Communities and Local Government in March 2012(9), so far as relevant to the subject matter of the prior approval, as if the application were a planning application; and, (c)in relation to the contamination risks on the site—, (i)determine whether, as a result of the proposed change of use, taking into account any proposed mitigation, the site will be contaminated land as described in Part 2A of the Environmental Protection Act 1990(10), and in doing so have regard to the Contaminated Land Statutory Guidance issued by the Secretary of State for the Environment, Food and Rural Affairs in April 2012(11), and. (i)the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required; (ii)where the local planning authority give the applicant notice within 28 days following the date of receiving the applicant’s application of their determination that such prior approval is required, the giving of such approval; (iii)the expiry of 28 days following the date on which the application under sub-paragraph (1)(b) was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination; (d)where the local planning authority give the applicant notice that such prior approval is required, the applicant must—. The carrying out by the Secretary of State or a strategic highways company of works in exercise of the functions of the Secretary of State or the company under the Highways Act 1980(39), or works in connection with, or incidental to, the exercise of those functions. (a)the height of any building would be increased; (b)the cubic content of the original building would be increased by more than 10%; (c)any part of any new building would be more than 30 metres from the original building; (d)it would consist of the extension or provision of any agricultural building on an established agricultural unit (as defined in paragraph X of Part 3 (changes of use) of this Schedule) where development under Class Q or S of Part 3 (changes of use) of this Schedule has been carried out within a period of 10 years ending with the date on which development under Class B(a) begins; (e)the development would involve the extension, alteration or provision of a dwelling; (f)any part of the development would be carried out within 5 metres of any boundary of the unit; or. so located for the provision of heating, ventilation, air conditioning, water, gas or electricity; “toll” means a toll which may be charged pursuant to a toll order; “toll collection area” means an area of land where tolls are collected in pursuance of a toll order, and includes any facilities for the collection of tolls; “toll collection booth” means any building or structure designed or adapted for the purpose of collecting tolls in pursuance of a toll order; “toll order” has the same meaning as in Part 1 of the New Roads and Street Works Act 1991 (new roads in England and Wales)(43); and. Class L – removal of material from a stockpile, Class M - removal of material from mineral-working deposits, the deposit covers a ground area exceeding 2 hectares, unless the deposit contains no mineral or other material which was deposited on the land more than 5 years before the development; or.
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