The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2023
Commencement: 27th July 2023
Amends: The Town and Country Planning (General Permitted Development) (England) Order 2015
The Town and Country Planning (General Permitted Development) (England) Order 2015 revokes and consolidates the Town and Country Planning (General Permitted Development) Order 1995 and all 22 subsequent amendments in relation to England only. This list of revoked statutory instruments can be found in Schedule 4.
The Order makes a number of changes to permitted development rights in England from the 1995 Order. It grants planning permission for a range of predominantly minor developments, subject to certain limitations and conditions. This permission is commonly known as ‘permitted development rights’. No application needs to be made to the local planning authority to obtain planning permission.
The Town and Country Planning (General Permitted Development) Order 1995 still stands for Wales.
Various duties apply.
Temporary use of land
Due to renewed demand for domestic holiday making and to support the local tourism industry, as well as support film and television production growth, changes are made to planning permissions for the temporary use of land.
A new permitted development right is added that allows the temporary use of land as a recreational campsite for up to 60 days per calendar year. The right is subject to limitations and conditions that can be found in Part 4 (temporary use of land).
Part 4 (temporary use of land) of Schedule 2 is amended to no longer apply to recreational campsites other than in connection with a festival. It also specifies that development is not permitted for the siting of any caravan except a caravan which is a motor vehicle designed or adapted for human habitation, in connection with a festival.
The period that buildings or land can be used for temporary film-making purposes is increased along with the size of land on which a building is situated, and the maximum height of any temporary structure, works, plant or machinery.
Alteration of prison fences
A new class, Class MA – alteration etc. of prison fences, is added to allow for the erection or alteration of a prison fence of up to 5.5 metres above ground level.
Development from Local Authorities
A National Park Authority and the Broads Authority are added to the definition of local authority so that they can benefit from the permitted development rights.
This comes into force on 27th July 2023.
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