The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 3) Order 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/756 |
2020 No. 756
Town And Country Planning, England
The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 3) Order 2020
Made 20th July 2020
Laid before Parliament 21th July 2020
Coming into force 31th August 2020
The Secretary of State, in exercise of the powers conferred by sections 59, 60, 61, 108(2A), and 333(7) of the Town and Country Planning Act 19901, makes the following Order.
Citation and commencement
1.—(1) This Order may be cited as the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 3) Order 2020.
(2) This Order comes into force at 10.00 a.m. on 31st August 2020.
Amendments to the Town and Country Planning (General Permitted Development) (England) Order 2015
2. The Town and Country Planning (General Permitted Development) (England) Order 20152is amended in accordance with articles 3 to 6 of this Order.
Amendment to Article 2
3. In article 2(1) (interpretation), in the definition of “building”, paragraph (a), for “and Class T of Part 19”, substitute “, Class T of Part 19 and Class ZA of Part 20”.
Amendments to Part 20 of Schedule 2
4.—(1) Part 20 (construction of new dwellinghouses) of Schedule 2 is amended as follows.
(2) Before the heading to Class A (new dwellinghouses on detached blocks of flats) in Part 20 of Schedule 2, insert—
“Class ZA
Demolition of buildings and construction of new dwellinghouses in their place
Permitted Development
(1) Development consisting of works for the demolition of one or other of—
(a)
(a) any building comprising a single purpose-built detached block of flats, and
(b)
(b) any other single detached building, comprising premises established—
for office use falling within Class B1(a) of the Schedule to the 1987 Order,
for research and development falling within Class B1(b) of the Schedule to the 1987 Order, or
for an industrial process falling within Class B1(c) of the Schedule to the 1987 Order,
or for any combination of them,
existing on 12 March 2020, together with its replacement by a single building covered by sub-paragraph (2), involving operations listed in sub-paragraph (3).
(2) The building in question is to comprise one or other of—
(a)
(a) a purpose-built detached block of flats, or
(b)
(b) a purpose-built detached dwellinghouse.
(3) The operations in question are—
(a)
(a) operations reasonably necessary for the demolition and construction, which may include the installation of a basement or cellar in the new building, whether or not there is one in the old building;
(b)
(b) works for the removal of plant servicing the old building;
(c)
(c) works for the disconnection of services from the old building;
(d)
(d) works for the removal of any means of access to and egress from the old building;
(e)
(e) works for the removal of storage and waste from the old building;
(f)
(f) works for the installation of plant to service the new building;
(g)
(g) works for the installation of services to be connected to the new building;
(h)
(h) works to enable access to and egress from the new building, including means of escape from fire;
(i)
(i) works for the construction, within the new building, of storage, waste or other ancillary facilities to support the new building;
(j)
(j) the use of scaffolding and other temporary structures to support the operations listed in paragraphs (a) to (i) over a period—
starting with their installation no earlier than one month before the beginning of those operations, and
ending with their removal no later than one month after the completion of those operations.
(4) In relation to Class ZA—
“development” includes any change of use from the use of the old building to the use of the new building within Class C3 of the Schedule to the 1987 Order;
“the 1987 Order” means the Use Classes Order as in force on 12 March 2020;
“the old building” and “the new building” respectively mean the building proposed for demolition and the building proposed as replacement; and
“services” means water, drainage, electricity, gas, and other services to the extent reasonably necessary for the new building to function as the building in question as defined by sub-paragraph (2) above.
Development not permitted
Development is not permitted by Class ZA—
(a) if land covered by, or within the curtilage of, the old building—
is occupied in any part under an agricultural tenancy, unless the express consent of both the landlord and the tenant has been obtained;
is or forms part of article 2(3) land;
is or forms part of a site of special scientific interest;
is or forms part of a listed building or land within its curtilage;
is or forms part of a scheduled monument or land within its curtilage;
is or forms part of a safety hazard area;
is or forms part of a military explosives storage area; or
is within 3 kilometres of the perimeter of an aerodrome;
(b) if the old building was constructed after 31 December 1989;
(c) if the footprint of the old building exceeds 1,000 square metres;
(d) if the height of the highest part of the roof of the old building above ground level (not including plant, radio masts and antennae) is greater than 18 metres at any point;
(e) unless the old building has been vacant for a period of at least 6 months immediately prior to the date of the application for prior approval;
(f) if the old building has been rendered unsafe or otherwise uninhabitable by the action or inaction of any person having an interest in the land on which the old building stands and it is practicable to secure safety or health by works of repair or works for affording temporary support (and for this purpose keeping the old building vacant does not of itself count as action or inaction);
(g) if the demolition is “relevant demolition” for the purposes of section 196D of the Act (demolition of an unlisted etc building in a conservation area);
(h) if any of the footprint of the new building falls outside the footprint of the old building;
(i) if any part of the exterior wall of the new building nearest to a highway is nearer to the highway than the part nearest the highway of the exterior wall nearest the highway of the old building;
(j) if the height (not including plant, radio masts and antennae) of the new building would at any point exceed the lower of—
7 metres above the height (not including plant) of old building; or
18 metres,
above ground level;
(k) if the new building has more than X + 2 storeys, where “X” is the number of storeys in the old building;
(l) if the new building has more storeys than the old building and the floor to ceiling height of any additional storey...
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