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Permitted Development

7 September 2016

Not all proposals for minerals, waste, school or highway related development need a planning application.
 
The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) allows certain minor development to take place without the need for a planning application, provided certain criteria are met.  These are known as 'Permitted Development Rights'.  
 
To obtain our view as to whether your proposal benefits from Permitted Development Rights, please use one of the following forms to submit your request.  The forms cover schools, highways, waste management facilities and mining & mineral exploration. If your enquiry does not fall within these categories please use the Generic Permitted Development enquiry form.  Please email the completed enquiry form with covering letter and any required additional information to mineralsandwastedm@essex.gov.uk
 
Permitted Development enquires are free of charge and we would expect to provide a reply within14 days of receipt.
 
 
School Development - Parts 7 and 12 of the Order
 
Parts 7 and 12 are detailed within the Order along with further information.
The School Permitted Development enquiry form is below.
 
Other notes:
  • All schools can benefit from Part 7 Class M (extensions etc for schools, colleges, universities and hospitals) or Class N – hard surfaces for schools, colleges, universities or hospitals.
  • Voluntary Controlled and Community Schools also qualify for Permitted Development Rights under Part 12 provided they are on land owned and/or maintained by the Local Authority.  To qualify for Part 12 PD rights, the development must relate to a function of Essex County Council (i.e. for operational purposes/curriculum purposes/security/access etc).  If the development is for other purposes (e.g. a PTA building, private nursery group etc.) it would not usually qualify under Part 12.
  • Voluntary Aided (grant maintained) and Foundation Schools do not qualify for Permitted Development rights under part 12, as such schools are not sited on Local Authority land.
  • For those schools that can qualify for Permitted Development rights under both Parts 12  and Part 7 of the Order, both allowances can apply and so proposals can be checked against the allowances and criteria for each part independently.
  • Some schools may need to approach to the relevant Local Planning Authority (District/Borough/City Council) for advice.  For example, Foundation Schools can choose whether to submit an application to the County or relevant Local Planning Authority under Part 7 (District, City or Borough Council).  If submitted to the County Planning Authority the County Council must have a vested interest as the Local Education Authority. Additionally, for proposed development at an Academy School, the relevant Local Planning Authority should be approached if the County Council does not intend to develop the land itself or jointly with any person - see Regulations 3 and 4 of the Town and Country Planning General Regulations 1992.

 

School Permitted Development enquiry form

 

Type of School (check here)
Land owned by Local Authority
 
Land Maintained by Local Authority
Qualify for PD under Part 12
Qualify for PD under Part 7 Class M and N
Community School
 
Yes
Yes
ü
ü
Voluntary Controlled School
 
Yes
Yes
ü
ü
Foundation School (check that ECC can deal with your PD enquiry) 
No
No
û
ü
Voluntary Aided School (check that ECC can deal with your PD enquiry) 
No
No
û
ü
Academy School (check that ECC can deal with your PD enquiry) 
No
No
û
ü

 

Highway Development - Part 9 of the order

The Order permits carrying out by a Highway Authority within road boundaries works required for the maintenance or improvement of the road.  Furthermore the Order confers permission for necessary or incidental works outside but adjoining the road boundaries.  This is a coherent and consistent approach to enable highway authorities to maintain and improve an existing network.  Any new roads to the network will need planning permission in the usual way.
Whilst the Order does not specifically define ‘improvement’, Part V of the Highways Act 1980 does list what comprises ‘improvement’ under the Highway Authority’s statutory powers to carry out such works.  Whilst the Highways Act does not specifically refer to Part 9 of the Order, it could be considered that Part 9 is intended to enable those improvements and consequently, providing it can be called an ‘improvement’ under those statutory powers, the proposed works could be viewed as being within Class A Part 9.
 
Development at Waste Management Facilities - Part 7 of the Order
 
Class L of Part 7 of the Order permits Development carried out on land used for the purposes of a waste management facility consisting of —
 
(a) the extension or alteration of a building; and
(b) the installation of replacement plant or machinery.
 
Class L of Part 7 introduced a new permitted development right to allow waste operators for “sui generis” waste management facilities to replace any plant or machinery and buildings on land within the curtilage of a waste management facility, and which is ancillary to the main waste management operation. The permitted development right allows minor works to take place where equipment is being replaced, there is no more than a 15% increase in the floor space occupied by the plant or machinery that is subject to replacement; and the replacement building, plant or machinery does not exceed the existing facilities currently on site by more than 50% or 100m2, whichever is smaller.  These rights do not apply in National Parks, Areas of Outstanding Natural Beauty, the Broads, an area designated as a conservation area, World Heritage Sites, land within the curtilage of Listed Buildings and Scheduled Monuments, or Sites of Special Scientific Interest.
 
 
Mining and Mineral exploration - Part 17 of the Order
 
There are a number of Classes under Part 17 with detailed restrictions, conditions and interpretation.  Recent amendments have been made in relation to minerals permitted development in the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 - most notably introducing in articles 12, 13 and 14 allow, subject to conditions and limitations, the drilling of boreholes for the purposes of: (a) carrying out groundwater monitoring; (b) carrying out seismic monitoring; or (c) locating and appraising the condition of mine operations, which is preparatory to potential petroleum exploration. Under new Class JA, such development may take place for a period not exceeding 28 consecutive days.  Under new Class KA of Part 17, where a developer has notified the relevant mineral planning authority in writing of its intentions, then such development may take place for a period not exceeding 24 months (in the case of the drilling of boreholes for carrying out groundwater monitoring) or 6 months (in other cases), unless the mineral planning authority has otherwise agreed in writing.   The Mineral Planning Authority has the power, in certain circumstances, to issue a notice under Article 5 of the General Permitted Development Order restricting the rights otherwise permitted under Class KA.
 
In summary Part 17 covers:
 
  • Class A of Part 17 of the GPDO 2015 relates to extensions, alterations etc ancillary to mining operations
  • Class B permits: The carrying out, on land used as a mine or on ancillary mining land of operations for the erection, installation, extension, rearrangement, replacement, repair or other alteration of any plant or machinery, buildings, or structures or erections.
  •  Class C permits: The carrying out of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or a disused mine.
  • Class G permits with the prior approval of the mineral planning authority, development required for the maintenance or safety of a mine or a disused mine for the purposes of ensuring safety of the surface land at or adjacent to the mine.
  • Class H permits: 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 utilisation of minerals from the mine.
  • Class J involves the temporary use of land etc for mineral exploration and permits Development on any land during a period not exceeding 28 consecutive days consisting of–(a) the drilling of boreholes; (b) the carrying out of seismic surveys; or (c) the making of other excavations, for the purpose of mineral exploration, and the provision or assembly on that land or adjoining land of any structure required in connection with any of those operations.
  •  Class K permits the use of land etc for mineral exploration and so allows the same operations as Class J for six months (or such longer period as the mineral planning authority have otherwise agreed in writing) under less restrictive limitations and conditions provided that the developer has given the mineral planning authority 28 days’ prior notification of their intentions.
  • Class L permits the removal of material of any description from a stockpile.
  • Class M permits the removal of material of any description from a mineral-working deposit other than a stockpile.