class m permitted development
(a)the change of use relates to more than 150 square metres of floor space in the building; (b)the site has at any time in the past relied upon the permission granted by Class D; (e)the building is a listed building or a scheduled monument; or. A.2 The circumstances mentioned in Class A are those specified in paragraphs 2 to 10 of Schedule 1 to the 1960 Act (cases where a caravan site licence is not required), but in relation to those mentioned in paragraph 10 do not include use for winter quarters. (i)its design or external appearance would be materially affected. You can have up to 3 larger properties as long as the area converted does not exceed 465 m². in the case of Class B(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. (e)the distance between ground level and the lowest part of any blade of the wind turbine would be less than 5 metres; (f)any part of the wind turbine (including blades) would be positioned so that it would be within 5 metres of any boundary of the curtilage of the dwellinghouse or the block of flats; (g)the swept area of any blade of the wind turbine would exceed 3.8 square metres; (h)the wind turbine would be installed on safeguarded land; (i)the wind turbine would be installed on a site designated as a scheduled monument; (j)the wind turbine would be installed within the curtilage of a building which is a listed building; (k)in the case of land within a conservation area, the wind turbine would be installed on a wall or roof slope of—. (2) 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 can reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or. the air source heat pump is used solely for heating purposes; the air source heat pump is, so far as practicable, sited so as to minimise its effect on the external appearance of the building; the air source heat pump is, so far as practicable, sited so as to minimise its effect on the amenity of the area; and. S.1 Development is not permitted by Class S if—. (b)any excavation or engineering operations. L. The installation, alteration or replacement of a microgeneration ground source heat pump within the curtilage of a building other than a dwellinghouse or a block of flats. A. Check out other permitted development options on our changes of use page. (c)taking other action in connection with an emergency. (b)the developer has not previously notified the mineral planning authority(94) in writing of its intention to carry out the development (specifying the nature and location of the development); (d)any explosive charge of more than 2 kilograms would be used; (e)any excavation referred to in Class K(c) would exceed 10 metres in depth or 12 square metres in surface area; or. the use on 1st July 1948 was for the deposit of material resulting from the winning and working of minerals. (a)it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected, or. The enlargement, improvement or other alteration of a dwellinghouse. “shop” means a building used for any purpose within Class A1 (shops) of the Schedule to the Use Classes Order; and. in an area within Flood Zone 2 or Flood Zone 3; or. (b)transport and highways impacts of the development, (d)light impacts of the development, in particular the effect on any occupier of neighbouring land of any artificial lighting to be used, and. where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to in sub-paragraph (iv)(aa) has elapsed, the applicant is treated as having complied with the requirements of that sub-paragraph if the applicant has taken reasonable steps for protection of the notice and, if need be, its replacement; the development must, except to the extent that the local planning authority otherwise agree in writing, be carried out—. (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. “amusement park” means an enclosed area of open land, or any part of a seaside pier, which is principally used (other than by way of a temporary use) as a funfair or otherwise for the purposes of providing public entertainment by means of mechanical amusements and side-shows; but, where part only of an enclosed area is commonly so used as a funfair or for such public entertainment, only the part so used is to be regarded as an amusement park; and. (a)a written description of the proposed development, which, in relation to development proposed under Class C, M, N or Q of this Part, must include any building or other operations; (d)the developer’s email address if the developer is content to receive communications electronically; and. See Class D2 permitted development rights above A1 – Shops (part) See Class A1 permitted development rights above Use Class from 1 September 2020 Use Class until 31 August 2020 and for the purpose of interpreting permitted development rights to 31 July 2021 Permitted change until at least 31 July 2021 Sui generis Uses which do not fall within the the enlarged part of the dwellinghouse would have more than a single storey and extend beyond the rear wall of the original dwellinghouse. any part of the dwellinghouse would, as a result of the works, exceed the height of the highest part of the existing roof; any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse and fronts a highway; the cubic content of the resulting roof space would exceed the cubic content of the original roof space by more than—, 40 cubic metres in the case of a terrace house, or, the construction or provision of a verandah, balcony or raised platform, or, the installation, alteration or replacement of a chimney, flue or soil and vent pipe; or. Section 41 was amended by sections 20 and 24 of, and Schedules 3 and 4 to, the Agriculture Act 1986 (c. 49), Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (c. 4), Schedule 10 to the Environment Act 1995 (c. 25) and Schedules 11 and 12 to the Natural Environment and Rural Communities Act 2006 (c. 16). 25% or 50 square metres (whichever is the lesser); (ii)in any other case, 50% or 100 square metres (whichever is the lesser); (b)the height of the building as extended would exceed 4 metres; (c)any part of the development (other than an alteration)—. 1991 c. 59; which was amended by Schedule 22 to the Environment Act 1995 (c. 25). (bb)any longer period which the mineral planning authority have agreed in writing; (vi)for the purposes of paragraph (a), an application for approval of a restoration scheme has been finally determined when the following conditions have been met—, (aa)any proceedings on the application, including any proceeding on or in consequence of an application under section 288 of the Act (proceedings for questioning the validity of certain orders, decisions and directions)(84), have been determined, and, (bb)any time for appealing under section 78 (right to appeal against planning decisions and failure to take such decisions)(85), or applying or further applying under section 288, of the Act (where there is a right to do so) has expired; and, (b)paragraph (a) does not apply to land in respect of which there is an extant planning permission which—, (i)has been granted on an application under Part 3 of the Act; and. T.3—(1) Subject to sub-paragraph (2), development is not permitted by Class T(a) if it will result in the installation of more than 1 item of apparatus (“the original apparatus”) on a site in addition to any item of apparatus already on that site on the relevant day. B.5—(1) Development permitted by Class B and carried out within 400 metres of the curtilage of a protected building is subject to the condition that any building which is extended or altered, or any works resulting from the development, is not used for the accommodation of livestock except in the circumstances described in paragraph D.1(3) of this Part or for the storage of slurry or sewage sludge, for housing a biomass boiler or an anaerobic digestion system, for storage of fuel or waste from that boiler or system, or for housing a hydro-turbine. 1981 c. 69. where the enlarged part of the dwellinghouse has more than a single storey, the roof pitch of the enlarged part must, so far as practicable, be the same as the roof pitch of the original dwellinghouse. F. Any development required for the purposes of a mine which is carried out on an authorised site at that mine by a licensed operator in connection with coal-mining operations. See section 5(1) of the Gas Act 1965 for the meaning of storage area and protective area. (9) The agreement in writing referred to in sub-paragraph (8) requires no special form of writing, and in particular there is no requirement on the developer to submit a new application for prior approval in the case of minor amendments to the details submitted with the application for prior approval. (ii)planning permission has not been granted on an application, or has not been deemed to be granted under Part 3 of the Act, for development for purposes other than agriculture, within 3 years from the date on which the use of the building or extension for the purposes of agriculture within the unit permanently ceased. Class C – mineral working for agricultural purposes. If this is an option then it is best to use Class G, before applying for Class M. You may also be able to use it with Class L once converted to residential. Development by or on behalf of Historic England(45), consisting of—. (a)the installation of posting boxes or self-service machines. (ii)as a betting office or pay day loan shop and as up to 2 flats. where prior approval has been given as mentioned in sub-paragraph (7)(b), not later than the expiration of 5 years beginning with the date on which the approval was given; in any other case, not later than the expiration of 5 years beginning with the date on which the local planning authority were given the information referred to in sub-paragraph (4). the authority or person so mentioned has advised the local planning authority that they do not wish to be consulted, in the case of development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated or which would affect a right of way to which Part 3 of the Wildlife and Countryside Act 1981 (public rights of way)(, by site display in at least one place on or near the land to which the application relates for not less than 21 days, and, in the case of development which does not fall within paragraph (b) but which involves development carried out on a site having an area of 1 hectare or more, must give notice of the proposed development, in the appropriate form set out in Schedule 2 to the Procedure Order—, site display in at least one place on or near the land to which the application relates for not less than 21 days, or, serving notice on any adjoining owner or occupier, and, in the case of development which does not fall within paragraph (b) or (c), must give notice of the proposed development, in the appropriate form set out in Schedule 2 to the Procedure Order—, by site display in at least one place on or near the land to which the application relates for not less than 21 days, or. “agricultural building” means a building (excluding a dwellinghouse) used for agriculture and which is so used for the purposes of a trade or business; and “agricultural use” refers to such uses; “agricultural tenancy” means a tenancy under—, the Agricultural Holdings Act 1986(12); or, “curtilage” means, for the purposes of Class Q, R or S only—, the piece of land, whether enclosed or unenclosed, immediately beside or around the agricultural building, closely associated with and serving the purposes of the agricultural building, or. (b)to a flexible use falling within Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafes) or Class B1 (business) of that Schedule. (i)its design or external appearance would be materially affected; (ii)the height of the original building would be exceeded, or the cubic content of the original building would be exceeded by more than 25%, or, (iii)the floor space of the original building would be exceeded by more than 1,000 square metres; or. - [Note: For a summary of the amendments, please view this post]. the solar PV equipment or solar thermal equipment must, so far as practicable, be sited so as to minimise its effect on the external appearance of the building and the amenity of the area; and. (a)the size of the original loading bay, when measured in any dimension, would be increased by more than 20%; or. the development would exceed 90 cubic metres or, if located on the roof of a building, the development would exceed 30 cubic metres. the wall on which the development was mounted or into which the development was set is, as soon as reasonably practicable, and so far as reasonably practicable, reinstated to its condition before that development was carried out. However you will not be able to change another use within Class E (say medical) to a shop and then use Class M as it is date stamped. the total area of ground covered by buildings, enclosures and containers within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse); any part of the building, enclosure, pool or container would be situated on land forward of a wall forming the principal elevation of the original dwellinghouse; the building would have more than a single storey; the height of the building, enclosure or container would exceed—. (f)any structure assembled or provided would exceed 12 metres in height. “camera”, except in paragraph F.1(b), includes its housing, pan and tilt mechanism, infra-red illuminator, receiver, mountings and brackets; and. “ancillary mining land” means land adjacent to and occupied together with a mine at which the winning and working of minerals is carried out in pursuance of planning permission granted or deemed to be granted under Part 3 of the Act (control over development)(91); and, “waste management scheme” means a scheme required by the mineral planning authority to be submitted for their approval in accordance with the condition in paragraph H.2(a) which makes provision for—. (a)a written description of the proposed development, which must include details of any building operations proposed; (d)the developer’s email address if the developer is content to receive communications electronically. (d)any building for storing fuel for, or waste from, a biomass boiler or an anaerobic digestion system would be used for storing waste not produced by that boiler or system or for storing fuel not produced on land which is occupied together with that building for the purposes of forestry. (c)the operator of the network which includes or consists of the railway in question, and the Secretary of State for Transport, where the increase or change relates to traffic using a level crossing over a railway. (e)the land or building is a listed building or is within the curtilage of a listed building. “war game” means an enacted, mock or imaginary battle conducted with weapons which are designed not to injure (including smoke bombs, or guns or grenades which fire or spray paint or are otherwise used to mark other participants), but excludes military activities or training exercises organised by or with the authority of the Secretary of State for Defence. (a)the solar PV equipment or solar thermal equipment would be installed on a pitched roof and would protrude more than 0.2 metres beyond the plane of the roof slope when measured from the perpendicular with the external surface of the roof slope; (b)the solar PV equipment or solar thermal equipment would be installed on a flat roof, where the highest part of the solar PV equipment would be higher than 1 metre above the highest part of the roof (excluding any chimney); (c)the solar PV equipment or solar thermal equipment would be installed within 1 metre of the external edge of that roof; (d)in the case of a building on article 2(3) land, the solar PV equipment or solar thermal equipment would be installed on a roof slope which fronts a highway; (e)the solar PV equipment or solar thermal equipment would be installed on a site designated as a scheduled monument; or. You The installation, alteration or replacement of a stand-alone wind turbine for microgeneration within the curtilage of a dwellinghouse or a block of flats. A.3 For the purposes of Class A, “building or monument” means any building or monument in the guardianship of Historic England or owned, controlled or managed by it. (b)where the developer has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement. the receipt by the developer from the local planning authority of a written notice that their prior approval is not required; the receipt by the developer from the local planning authority of a written notice giving their prior approval; or. N.1 Development is not permitted by Class N if it consists of or includes the construction or erection of a bridge or other building not required in connection with the handling of traffic. A. (c)an order under section 14 or 16 of the Harbours Act 1964 (orders for securing harbour efficiency etc, and orders conferring powers for improvement, construction etc of harbours)(97). (f)the height of the eaves of the building would exceed 2.5 metres; (g)the building, enclosure, pool or container would be situated within the curtilage of a listed building; (h)it would include the construction or provision of a verandah, balcony or raised platform; (i)it relates to a dwelling or a microwave antenna; or. H. The installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a dwellinghouse. (e)in the case of a building on article 2(3) land, the flue would be installed on a wall or roof slope which fronts a highway. in any other case, the superficial area or height of the deposit (measured as at 21st October 1988) would be increased by more than 10%, unless such an increase is provided for in a waste management scheme or in a relevant scheme. A. (b)stand-alone solar is removed as soon as reasonably practicable when no longer needed. (b)the reference to operational land includes land designated by an order made under section 14 or 16 of the Harbours Act 1964 (orders for securing harbour efficiency etc., and orders conferring powers for improvement, construction etc., of harbours)(28), and which has come into force, whether or not the order was subject to the provisions of the Statutory Orders (Special Procedure) Act 1945(29). an Academy school, an alternative provision Academy or a 16 to 19 Academy established under the Academies Act 2010(16); a school maintained by a local authority, as defined in section 142(1) of the School Standards and Framework Act 1998(17); and. T.2—(1) Development is permitted by Class T subject to the following conditions—. “development ancillary to radio equipment housing” means the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of the radio equipment housing; where apparatus is installed pursuant to planning permission granted on or after 7th June 2006, the date when that apparatus is finally installed pursuant to that permission, 6 months from the commencement of the construction, installation, alteration or replacement of any apparatus or structure permitted by Class T(a) or Class T(c) or from the commencement of the use permitted by Class T(b), as the case may be; or. the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected; no building, plant, machinery, structure or erection—, would exceed a height of 15 metres above ground level, or, where any building, plant, machinery, structure or erection is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was rearranged, replaced or repaired, whichever is the greater, and. (b)the land is, so far as is practicable, restored to its condition before the development took place or to such condition as may have been agreed in writing between the mineral planning authority and the developer. (a)transport and highways impacts of the development; and the provisions of paragraph W (prior approval) apply in relation to that application. theatrical release of it at the commercial cinema; “commercial film-making” means filming for broadcast or transmission but does not include the filming of persons paying to visit the site to participate in any leisure activity on that site including—, motor car and motorcycle racing including trials of speed or other motor sports, and practising for those activities, or, “filming period” means a period, not exceeding 9 months in total, during which the land or building is used for commercial film-making (including activities preparatory to, or otherwise related to, that film-making) under Class E; and. (f)the solar PV equipment or solar thermal equipment would be installed on a listed building or on a building within the curtilage of a listed building. H.3 Development is permitted by Class H subject to the following conditions—. Class A – extensions, alterations etc ancillary to mining operations, in relation to land at an underground mine—, on land which is not an approved site; or, on land to which the description in paragraph N.2(1)(b) of this Part applies, unless a plan of that land was deposited with the mineral planning authority(, if the principal purpose of the development would be any purpose other than—, purposes in connection with the winning and working of minerals at that mine or of minerals brought to the surface at that mine; or. (b)where a waste management scheme or a relevant scheme has been approved, the depositing of waste and all other activities in relation to that deposit is carried out in accordance with the scheme as approved. H. The deposit, on premises used as a mine or on ancillary mining land already used for the purpose, of waste derived from the winning and working of minerals at that mine or from minerals brought to the surface at that mine, or from the treatment or the preparation for sale, consumption or utilization of minerals from the mine. (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. the site was Crown land on the relevant day. (a)stand-alone solar is, so far as practicable, sited so as to minimise its effect on the amenity of the area; and. (iii)on a building which exceeds 15 metres in height. Class M – development by the Civil Aviation Authority for surveys etc. The Whole Instrument you have selected contains over 200 provisions and might take some time to download. (a)the antenna is, so far as is practicable, sited so as to minimise its effect on the external appearance of the building or structure on which it is installed; and. The new permitted development rights cannot be used where, less than one year before the development begins, the site was the subject of an agricultural tenancy which was terminated with the intention of relying on the Class Q rights, unless the landlord and tenant agree to this in writing; the land is, so far as is practicable, restored to its condition before the development took place or to such condition as may have been agreed in writing between the mineral planning authority and the developer. The formation, laying out and construction of a means of access to a highway which is not a trunk road or a classified road, where that access is required in connection with development permitted by any Class in this Schedule (other than by Class A of this Part). (i)purposes in connection with the operation of the mine; (ii)the treatment, preparation for sale, consumption or utilization of minerals won or brought to the surface at that mine; or. (b)disruption or destruction of plant life or animal life.