2013 No. 1101 TOWN AND COUNTRY ... - Legislation.gov.uk

(3) The developer shall notify the local planning authority of the completion of the
development as soon as reasonably practicable after completion.
(4) The notification shall be in writing and shall include—
(a) the name of the developer,
(b) the address or location of the development,
(c) a description of the development, including measurements and calculations
relevant to the requirements of paragraph A.1(aa), and
(d) the date of completion.”
Signed by authority of the Secretary of State for Communities and Local Government
7th May 2013
Nick Boles
Parliamentary Under Secretary of State
Department for Communities and Local Government
EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends, in England, the Town and Country Planning (General Permitted
Development) Order 1995 (S.I. 1995/418) (“the 1995 Order”).
Article 3 amends article 1 of the 1995 Order to insert a definition of article 1(6A) land. It also
inserts a new Part 4 into Schedule 1 to the 1995 Order which provides a list of article 1(6A) land.
The new permitted development right in class J of Part 3 of Schedule 2 to the 1995 Order (inserted
by article 6(2) of this Order) does not apply in relation to any building on article 1(6A) land.
Article 4 amends Part 1 of Schedule 2 to the 1995 Order to allow larger home extensions to be
built until 30th May 2016. This temporary permitted development right is subject to a new
procedure. Before beginning the development the person relying on the right must notify the local
planning authority. The authority will then notify neighbouring properties. If neighbours object
to the proposed development the authority must consider whether the extension should be
approved. The development may not be started until the authority has notified the person of their
decision or until the expiry of 42 days without such a decision being notified.
Article 5 amends Class A of Part 2 of Schedule 2 to the 1995 Order to allow schools to build a
higher boundary fence or wall adjacent to a highway, provided it does not create an obstruction
which is likely to be a danger for highway users. “School” is defined to include buildings which
qualify for the right to change temporarily to use as a state-funded school under new Class C of
Part 4 of Schedule 2 (see article 7 of this Order), from the date the local planning authority is
notified by the relevant Minister that the site has been approved for temporary school use.
Article 6 amends Part 3 of Schedule 2 to the 1995 Order as follows. Article 6(1) amends Class B
of Part 3 to increase the size of floor space in business premises which may change use from use
classes B1 or B2 in the Schedule to the Town and Country Planning (Use Classes) Order 1987
(S.I. 1987/764) (“the Use Classes Order”) to use class B8, or from use classes B2 or B8 to use
class B1, from 235 square metres to 500 square metres.
Article 6(2) inserts new Class J into Part 3 (changes of use). The new permitted development
right is temporary, will expire on 30th May 2016, and does not apply on land in certain areas.
Those areas are certain military sites, safety hazard areas and areas described as article 1(6A) land
and are defined in article 1(6A) of, and Part 4 of Schedule 1 to, the 1995 Order (inserted by article
3 of this Order). The new permitted development right is subject to the conditions in paragraph
J.2 – this requires prior approval of the local planning authority in relation to transport and
highways, contamination and flooding. Paragraph N sets out the procedure for applying for
approval.
Article 6(2) also inserts new Class K into Part 3 (changes of use). This new permitted
development right enables various types of building to change use to use as a state-funded school,
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