“Consolidated Legislation” – 2 new Statutory Instruments …

The Consolidated Legislation section of this website has been updated as follows:

The Town and Country Planning (General Permitted Development) Order 1995:

The following new Statutory Instrument has been incorporated into the GPDO 1995 (Consolidated) document:

  • [Note: To view this SI, please log onto the website as a member].

The above SI amends the GPDO 1995 (Consolidated) as follows:

  • From 24/08/2011: In article 3(10) of the GPDO, the above SI replaced the previous reference to "the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999" to the current reference to "the Town and Country Planning (Environmental Impact Assessment) Regulations 2011".
  • From 24/08/2011: In article 3(11) of the GPDO, the above SI replaced the previous reference to “regulation 4(7)” of the EIA Regulations to the current reference to “regulation 4(8)” of the EIA Regulations.

The following new Statutory Instrument has been incorporated into the GPDO 1995 (Consolidated) document:

  • [Note: To view this SI, please log onto the website as a member].

From 01/10/2011 the above SI amends the GPDO 1995 (Consolidated) as follows:

  • The above SI has introduced a new Schedule 2, Part 2 ("Minor Operations"), Class D, which permits "The installation, alteration or replacement, within an area lawfully used for off-street parking, of an electrical outlet mounted on a wall for recharging electric vehicles ...", subject to limitations and conditions.
  • The above SI has introduced a new Schedule 2, Part 2 ("Minor Operations"), Class E, which permits "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 ...", subject to limitations and conditions.
  • The above SI has introduced a replacement Schedule 2, Part 12 ("Development by Local Authorities"), Class A in which the list of permitted structures and works (in paragraph (b)) now includes "... electric vehicle charging points and any associated infrastructure ...".

From 01/12/2011 the above SI has also introduced a replacement Schedule 2, Part 40 ("Installation of Domestic Microgeneration Equipment"), for which the main changes are as follows:

  • The above SI has introduced a new Schedule 2, Part 40, Class G, which permits "The installation, alteration or replacement of an air source heat pump ... (a) on a dwellinghouse or a block of flats; or ... (b) within the curtilage of a dwellinghouse or a block of flats, including on a building within that curtilage", subject to limitations and conditions.
  • The above SI has introduced a new Schedule 2, Part 40, Class H, which permits "The installation, alteration or replacement of a wind turbine on ... (a) a detached dwellinghouse; or ... (b) a detached building situated within the curtilage of a dwellinghouse or a block of flats", subject to limitations and conditions.
  • The above SI has introduced a new Schedule 2, Part 40, Class I, which permits "The installation, alteration or replacement of a stand alone wind turbine within the curtilage of a dwellinghouse or a block of flats", subject to limitations and conditions.
  • In all Classes, the previous references to "dwellinghouse" have been replaced by the current references to "dwellinghouse or a block of flats".  However, it should be noted that under the previous version of Part 40, the term "dwellinghouse" was defined as including such blocks of flats.
  • In Classes A, E, and F, the previous restrictions against development on a wall [or roof slope] "... forming the principal or side elevation ..." have been replaced by the current restrictions against development on a wall [or roof slope] "... which fronts a highway ...".
  • In Class B, the previous restriction against development "situated within any part of the curtilage ... and would be visible from the highway ..." has been replaced by the current restriction agaisnt development "... 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 ...".
  • In Classes A and B, the current restrictions against development "installed on a site designated as a scheduled monument" have been introduced.