Town and Country Planning (Permitted Development) Order 2012 TOWN AND COUNTRY PLANNING (PERMITTED DEVELOPMENT) ORDER 2012

Transcription

1 Town and Country Planning (Permitted Development) Order 2012 Index TOWN AND COUNTRY PLANNING (PERMITTED DEVELOPMENT) ORDER 2012 Index Artile Page 1 Title Commenement Interpretation Planning approval for ertain development Diretion that approval shall not apply Use lasses Revoation... 6 SCHEDULE 1 7 OPERATIONS OUTSIDE CONSERVATION AREAS 7 SCHEDULE 2 26 OPERATIONS WITHIN CONSERVATION AREAS 26 SCHEDULE 3 31 CHANGES OF USE 31 SCHEDULE 4 33 USE CLASSES 33 SD No. 0254/2012 Page 1

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3 Town and Country Planning (Permitted Development) Order 2012 Artile 1 Statutory Doument No. 0254/2012 Town and Country Planning At 1999 TOWN AND COUNTRY PLANNING (PERMITTED DEVELOPMENT) ORDER 2012 Approved by Tynwald: 20 June 2012 Coming into Operation: 1 July 2012 The Department of Infrastruture makes the following Order under setion 6(3)(e) and setion 8(1),(2),(3),(4),(5) of the Town and Country Planning At Title This Order is the Town and Country Planning (Permitted Development) Order Commenement If approved by Tynwald, this Order omes into operation on 1 July Interpretation (1) In this Order the At means the Town and Country Planning At 1999; advertisement has the same meaning as in setion 45(1) of the At; the Airport means the airport operated by the Department at Ronaldsway in the parish distrit of Malew; airport building means a building, other than a hotel, required in onnetion with the movement or maintenane of airraft, or with the embarking, disembarking, loading, disharge or transport of passengers, livestok or goods at the Airport; airport land means land at Ronaldsway in the parish distrit of Malew vested in the Department and for the time being used by it for the purpose of its funtions under setion 1 of the Airports and Civil Aviation At ; SD No. 0254/2012 Page 3

4 Artile 3 Town and Country Planning (Permitted Development) Order 2012 boundary means the line by whih the outer extent of a urtilage is defined, sometimes physially by means of a wall, fene, or hedge; building does not inlude plant or mahinery or any gate, fene, wall or other means of enlosure; ubi ontent, in relation to a struture or building, means the ubi ontent measured externally; urtilage means the area of land attahed to and around a building, used with the building and within whih the building is set (for example the garden and driveway of a house, the storage yard of a fatory), but does not inlude land used with a building but severed from it (for example a highway or servie lane); Department means the Department of Infrastruture; dwellinghouse means a building oupied for residential purposes other than a building ontaining one or more flats, or a flat ontained within suh a building; ground level means the surfae of the ground immediately adjaent to the building or struture in question, and where the ground is sloping, the ground level is the highest part of the surfae of the ground next to the building or struture; highway means a highway maintainable at the publi expense within the meaning of setion 3 of the Highways At , and inludes any part of a highway; Main River means any river or waterourse treated as a main river for the purposes of the Land Drainage At ; original means, in relation to a dwellinghouse, a house as originally onstruted, prior to any extensions or alterations following oupation of the dwelling; plant or mahinery inludes any struture or eretion in the nature of plant or mahinery; publi body means a Department or Statutory Board; a loal authority; or a joint board established under setion 7 of the Loal Government At or setion 7 of the Rereation and Leisure At ; Vol XIV p Page 4 SD No. 0254/2012

5 Town and Country Planning (Permitted Development) Order 2012 Artile 4 publi gas supplier has the same meaning as in setion 17 of the Gas Regulation At ; sewerage authority means a publi body exerising funtions under Part 2 of the Sewerage At ; tramway undertaking does not inlude any railway undertaking of the Department of Community, Culture and Leisure. (2) In this Order a referene to a drain or sewer inludes any manhole, ventilating shaft, pumps or other apparatus or other aessories assoiated with the drain or sewer. 4 Planning approval for ertain development (1) Planning approval is granted for operations of a lass speified in Shedule 1 on any land, not being land within a onservation area, subjet to any ondition speified in that Shedule. (2) Planning approval is granted for operations of a lass speified in Shedule 2 on any land within a onservation area, subjet to any ondition speified in that Shedule. (3) Planning approval is granted for a material hange of use of a lass speified in Shedule 3 of any land, subjet to any ondition speified in that Shedule. (4) Paragraphs (1) to (3) do not apply to an operation, or a material hange of use of land, of any lass whih (d) falls within any exeption speified in the relevant Shedule in relation to that lass; ontravenes any ondition lawfully imposed on the grant of planning approval for development of land; requires or involves the formation, laying out or material widening of a means of aess to an existing highway used by vehiular traffi; or reates an obstrution to the view of persons using any suh highway so as to be likely to ause danger to suh persons. 5 Diretion that approval shall not apply (1) If the Department is satisfied that any of the operations or hanges of use speified in Shedules 1, 2 and 3 should not be arried out in any partiular area without planning approval granted pursuant to an appliation for the purpose, the Department may by an instrument in writing diret that artile 4 shall not apply to suh operations or suh hanges of use in any suh area as may be speified in the diretion SD No. 0254/2012 Page 5

6 Artile 6 Town and Country Planning (Permitted Development) Order 2012 (2) The Department must give notie of any diretion under paragraph (1) in 1 or more newspapers published and irulating in the Island, may give suh other notie of the diretion as it thinks fit, and must make a opy of the diretion available for inspetion by any person at all reasonable times at the prinipal offie of the Department. 6 Use lasses Use of buildings or other land for a purpose of any of the lasses speified in Shedule 4 is speified for the purpose of setion 6(3)(e) of the At (hange of use within a lass does not involve development). 7 Revoation The Town and Country Planning (Permitted Development) Order revoked. is MADE: 21 ST MAY 2012 D C CRETNEY Minister for Infrastruture 9 SD 671/05 Page 6 SD No. 0254/2012

7 Town and Country Planning (Permitted Development) Order 2012 SCHEDULE 1 SCHEDULE 1 [Artile 4(1)] OPERATIONS OUTSIDE CONSERVATION AREAS PART 1 STATUTORY UNDERTAKINGS 1 Class 1 Repairs to servies Operations onsisting of any works for the purposes of inspeting, repairing or renewing any sewer, main, pipe, able or other apparatus, inluding breaking open any highway, road or other land for that purpose. 2 Class 2 Highway works Operations by or on behalf of the Department within an existing highway onsisting of works required for, or inidental to, the maintenane or improvement of the highway. 3 Class 3 Land drainage works Operations by or on behalf of a body, in the exerise of powers onferred by the Land Drainage At 1934, 10 onsisting of works in, on or under a waterourse or land drainage works in onnetion with the improvement, maintenane or repair of the waterourse or works. 4 Class 4 Sewerage and sewage disposal Operations by or on behalf of a sewerage authority onsisting of operations (ii) not above ground level; or above ground level and onsisting of the onstrution, eretion or alteration of a struture not exeeding 29 ubi metres in apaity above ground, required in onnetion with the provision, improvement, maintenane or repair of a sewer, outfall pipe, sludge main or assoiated apparatus; the provision of plant, mahinery or apparatus in, on, over or under land for the purpose of survey or investigation; the maintenane, improvement or repair of works for measuring the flow in any waterourse or hannel; 10 XIV p.222 SD No. 0254/2012 Page 7

8 SCHEDULE 1 Town and Country Planning (Permitted Development) Order 2012 (d) the plaing and storage on land of pipes and other apparatus to be inluded in a sewer, outfall pipe, sludge main or assoiated apparatus whih is being or is about to be laid or onstruted. (1) In the ase of operations within paragraph, on ompletion of the survey or investigation, or at the expiration of 12 months from the ommenement of the operations, whihever is the sooner, all suh operations must ease and all suh buildings, plant or apparatus must be removed and the land restored as soon as pratiable to its ondition before the operations took plae (or to any other ondition whih may be agreed with the Department). (2) In the ase of operations within paragraph (d), on ompletion of the laying or onstrution of the sewer, outfall pipe, sludge main or assoiated apparatus, or at the expiry of 12 months from the beginning of the operations, whihever is the sooner, the pipe or apparatus must be removed and the land restored as soon as reasonably pratiable to its ondition before the operations took plae (or any other ondition whih may be agreed with the Department). 5 Class 5 Water supply Operations by or on behalf of the Isle of Man Water and Sewerage Authority for the purpose of its funtions onsisting of (d) (e) (f) Exeptions: operations not above ground level required in onnetion with the provision, improvement, maintenane or repair of a mains, pipes or other apparatus; the installation in a water distribution system of apparatus for measuring, reording, ontrolling, or varying the pressure, flow or volume of water and strutures for housing suh apparatus; the provision of plant, mahinery or apparatus in, on over or under land for the purposes of survey or investigation; the maintenane, improvement or repair of works for measuring the flow in any waterourse or hannel; any works authorised or required in onnetion with an order made under setion 5 of the Water At 1991; 11 the plaing and storage on land of pipes and other apparatus to be inluded in a main, or other apparatus whih is being or is about to be laid or onstruted Page 8 SD No. 0254/2012

9 Town and Country Planning (Permitted Development) Order 2012 SCHEDULE 1 Operations within paragraph are not permitted if they involve the installation of a struture for housing apparatus exeeding 29 ubi metres in apaity above ground, or under a highway used by vehiular traffi. (1) In the ase of operations within paragraph, on ompletion of the survey or investigation, or at the expiration of 12 months from the ommenement of the operations, whihever is the sooner, all suh operations must ease and all suh buildings, plant or apparatus must be removed and the land restored as soon as pratiable to its ondition before the operations took plae (or to any other ondition whih may be agreed with the Department). (2) In the ase of operations within paragraph (f), on ompletion of the laying or onstrution of the main, pipe or apparatus, 12 months from the beginning of the operations, whihever is the sooner, the pipe or apparatus must be removed and the land restored as soon as reasonably pratiable to its ondition before the operations took plae (or any other ondition whih may be agreed with the Department). 6 Class 6 Railway works Any operations by the Department of Community, Culture and Leisure on land within the site of an existing railway line onsisting of works required in onnetion with the movement of traffi by rail. Exeptions: The operations are not permitted if they involve the onstrution, eretion or alteration of a building; or a struture exeeding 29 ubi metres in apaity above ground. 7 Class 7 Tramway works Operations for the purposes of any tramway undertaking onsisting of the installation of tramway traks, and onduits, drains and pipes in onnetion with suh traks for the working of tramways; the installation of telephone ables and apparatus, stop posts and signs required in onnetion with the operation of tramars; the eretion or onstrution and the maintenane, improvement or other alteration of passenger shelters and barriers for the ontrol of people waiting to enter tramars. SD No. 0254/2012 Page 9

10 SCHEDULE 1 Town and Country Planning (Permitted Development) Order Class 8 Gas supply Operations by or on behalf of a publi gas supplier required for the purposes of its undertaking onsisting of Exeptions: operations not above ground level required in onnetion with the provision, improvement, maintenane or repair of mains, pipes or other apparatus; the installation in a gas distribution system of apparatus for measuring, reording, ontrolling or varying the pressure, flow or volume of gas, and strutures for housing suh apparatus; the plaing and storage on land of pipes and other apparatus to be inluded in a main or pipe whih is being or is about to be laid or onstruted. Operations within paragraph are not permitted if they involve the installation of a struture for housing apparatus exeeding 29 ubi metres in apaity above ground, or under a highway used by vehiular traffi. (1) In the ase of operations within paragraph, not less than 8 weeks before the beginning of operations to lay a main or pipe whih is intended to ontain gas at a pressure exeeding 8 bars absolute, the publi gas supplier must give notie in writing to the Department of its intention to arry out the operations, identifying the land under whih the main or pipe is to be laid. (2) In the ase of operations within paragraph, on ompletion of the laying or onstrution of the main or pipe, or at the expiry of 12 months from the beginning of the operations, whihever is the sooner, the pipe or apparatus must be removed and the land restored as soon as reasonably pratiable to its ondition before the development took plae (or any other ondition whih may be agreed with the Department). 9 Class 9 Laying of gas pipes et. by Manx Eletriity Authority Operations by or on behalf of the Manx Eletriity Authority ("the Authority") in the exerise of its funtions under setion 15A of the Eletriity At (laying of gas pipes to supply generating stations et.) onsisting of operations not above ground level required in onnetion with the provision, improvement, maintenane or repair of mains, pipes or other apparatus; Page 10 SD No. 0254/2012

11 Town and Country Planning (Permitted Development) Order 2012 SCHEDULE 1 Exeptions: the installation in a gas distribution system of apparatus for measuring, reording, ontrolling or varying the pressure, flow or volume of gas, and strutures for housing suh apparatus; the plaing and storage on land of pipes and other apparatus to be inluded in apparatus whih is being or is about to be laid or onstruted. Operations within paragraph involve development if they involve the installation of a struture for housing apparatus exeeding 29 ubi metres in apaity above ground; 3 metres in height above ground; or 29 ubi metres in apaity under a highway used by vehiular traffi. (1) In the ase of operations within paragraph, not less than 8 weeks before the beginning of operations to lay a main or pipe whih is intended to ontain gas at a pressure exeeding 10 bars absolute, the Authority must give notie in writing to the Department of its intention to arry out the operations, identifying the land under whih the main or pipe is to be laid. (2) In the ase of operations within paragraph whih involve the installation of a struture for housing apparatus exeeding 29 ubi metres in apaity above ground the Authority must, before beginning the operations, apply to the Department for a determination as to whether the prior approval of the Department will be required to the siting and appearane of the struture in question; the appliation must be aompanied by a written desription of the proposed struture and its proposed loation; the operations must not begin before one of the following ours (ii) (iii) the Authority reeives from the Department a notie of its determination that no suh prior approval is required; where the Department gives the Authority notie that suh prior approval is required, the giving of suh approval within 28 days following the date on whih it reeived the Authority's appliation; the expiry of 28 days following the date on whih the Department reeived the appliation, without the Department making any determination as to SD No. 0254/2012 Page 11

12 SCHEDULE 1 Town and Country Planning (Permitted Development) Order 2012 (d) whether suh approval is required, notifying the Authority of its determination, or giving or refusing approval to the siting or appearane of the struture in question. the operations must, exept to the extent that the Department otherwise agrees in writing, be arried out where prior approval is required, in aordane with the details approved; (ii) where prior approval is not required, in aordane with the details submitted with the appliation or otherwise agreed by the Department; (e) the operations must begin where approval has been given by the Department, within 5 years of the date on whih approval was given; (ii) in any other ase, within 5 years of the date on whih the Department was given the desription referred to in sub-paragraph. (3) In the ase of operations within paragraph, on ompletion of the laying or onstrution of the main or pipe, or at the expiry of 12 months from the beginning of the operations, whihever is the sooner, the pipe or apparatus must be removed and the land restored as soon as reasonably pratiable to its ondition before the operations took plae (or any other ondition whih may be agreed with the Department). 10 Class 10 Eletriity supply Operations by or on behalf of the Manx Eletriity Authority for the generation, transmission or supply of eletriity for the purposes of its undertaking, onsisting of the installation or replaement in, on, over or under land of an eletri line and the onstrution of shafts and tunnels and the installation or replaement of feeder or servie pillars or transforming or swithing stations or hambers reasonably neessary in onnetion with an eletri line; the installation or replaement of any teleommuniations line whih onnets any part of an eletri line to any eletrial plant or building, and the installation or replaement of any support for any suh line; the sinking of boreholes to asertain the nature of the subsoil and the installation of any plant or mahinery reasonably neessary in onnetion with suh boreholes. Page 12 SD No. 0254/2012

13 Town and Country Planning (Permitted Development) Order 2012 SCHEDULE 1 Exeptions: The operations are not permitted if in the ase of operations within paragraph (other than operations onsisting of the replaement of a support where the height of the new support does not exeed that of the existing support or 15 metres, whihever is the greater) (ii) it would onsist of or inlude the installation of an eletri line above ground level (other than an exempt line); or it would onsist of or inlude the installation or replaement at or above ground level or under a highway used by vehiular traffi, of a hamber for housing apparatus and the hamber would exeed 29 ubi metres in apaity above ground; in the ase of operations within paragraph (ii) the height of any support would exeed 15 metres; or the teleommuniations line would exeed 1000 metres in length; (1) In the ase of operations within paragraph onsisting of or inluding the replaement of an existing eletri line, any onditions ontained in a planning approval relating to the height, design or position of the existing eletri line whih are apable of being applied to the replaement line. (2) In the ase of operations within paragraph onsisting of or inluding the installation of a temporary eletri line providing a diversion for an existing eletri line, on the ending of the diversion or at the end of a period of 12 months from the ompletion of the installation, whihever is the sooner, the temporary eletri line must be removed and the land on whih any operations have been arried out to install that line must be restored as soon as reasonably pratiable to its ondition before the operations took plae. (3) in the ase of operations within paragraph, on the ompletion of the operations, or at the end of a period of 12 months from the beginning of the operations, whihever is the sooner, any suh plant or mahinery must be removed and the land must be restored as soon as reasonably pratiable to its ondition before the operations took plae. For the purpose of this Class eletrial plant means any plant, equipment, apparatus or appliane used for, or for purposes onneted with, the generation, transmission or supply of eletriity, other than SD No. 0254/2012 Page 13

14 SCHEDULE 1 Town and Country Planning (Permitted Development) Order 2012 an eletri line; a meter used for asertaining the quantity of eletriity supplied to any premises; or any eletrial appliane under the ontrol of a onsumer; eletri line means any wire, able, tube, pipe or other similar thing (inluding its asing or oating) designed or adapted for use in arrying eletriity, whih is used for arrying eletriity for any purpose, and inludes any support for any suh line (that is, any struture, pole or other thing in, on, by or from whih the line is or may be supported, arried or suspended); any apparatus onneted to any suh line for the purpose of arrying eletriity; and any wire, able, tube, pipe or other similar thing (inluding its asing or oating) whih surrounds or supports, or is surrounded or supported by, or is installed in lose proximity to, or is supported, arried or suspended in assoiation with, any suh line; exempt line means an eletri line whih has a nominal voltage not exeeding 20kv and is used or intended to be used for supplying a single onsumer; or is or will be within premises in the oupation or ontrol of the Authority; teleommuniations line means a wire or able whih forms part of a teleommuniations apparatus within the meaning of paragraph 1 of Shedule 1 to the Teleommuniations At Class 11 Post Offie Operations by or on behalf of the Isle of Man Post Offie onsisting of the installation of posting boxes, self-servie mahines or seond-bag boxes. 12 Class 12 Street furniture Operations by or on behalf of a publi body onsisting of the eretion or onstrution, or the maintenane, improvement or other alteration, in a highway or other road or any publi plae of any of the following strutures (d) lamp standards; information kiosks; publi shelters; publi seats; Page 14 SD No. 0254/2012

15 Town and Country Planning (Permitted Development) Order 2012 SCHEDULE 1 (e) (f) (g) (h) traffi signs; signposts; publi drinking fountains; refuse bins or baskets; raised paving, pillars, walls, rails, fenes and barriers for safeguarding persons using the highway. In this Class traffi sign has the same meaning as in setion 15(1) of the Road Traffi Regulation At PART 2 OPERATIONS WITHIN THE CURTILAGE OF A DWELLINGHOUSE Setion A General Conditions (1) No part of the development may be onstruted within 9 metres (measured at ground level) of the route of any overhead eletrial line arrying 11kv or more (High Tension power able); (2) No part of the development may be onstruted within 9.1 metres of the bank of any river designated as a Main River under the Land Drainage Ats; (3) The onstrution (inluding foundations) must not involve the felling, lopping or limbing of any tree (other than a tree referred to in setion 3(3) of the Tree Preservation At ) or interfere with the root system of any suh tree. 13 Class 13 Greenhouses and polytunnels The eretion of one or more greenhouses or polytunnels within the urtilage of a dwellinghouse. the general onditions appliable to Setion A; the height of the strutures must not exeed 2.8 metres above ground level; the area of ground overed by the strutures must not exeed 15 square metres; (d) no part of the strutures may be nearer to any highway whih bounds the urtilage of the dwellinghouse than (ii) that part of the dwellinghouse nearest to that highway, or 20 metres, whihever is the nearer; SD No. 0254/2012 Page 15

16 SCHEDULE 1 Town and Country Planning (Permitted Development) Order 2012 (e) (f) no part of the struture may be nearer than 1 metre to any part of the dwellinghouse; or the boundary of the property; and the greenhouses and polytunnels may be onstruted in a frame of polyarbonate or glass. 14 Class 14 Extension of dwellinghouse The enlargement of a dwellinghouse (inluding the eretion of an extension or onservatory). the general onditions appliable to Setion A; (d) (e) (f) (g) the floorspae (measured externally ) of the extension must not exeed 15 square metres beyond that of the original dwellinghouse; the extension must not exeed 4 metres in height above ground level; no part of the extension may be nearer to any highway whih bounds the urtilage of the dwellinghouse than (ii) that part of the dwellinghouse nearest to that highway, or 20 metres, whihever is the nearer. no part of the extension may be nearer than 1 metre to the boundary of the urtilage of the dwellinghouse; the external finish of any walling must math that on the major part of the dwellinghouse; and operations within this lass are allowed only if, on ompletion of the operations, at least 2 ar parking spaes remain within the urtilage of the dwellinghouse. For the purpose of paragraph (g) the minimum size permitted for a ar parking spae is 6 metres by 3.25 metres. 15 Class 15 Garden sheds and summer-houses The eretion of one or more garden sheds or summer-houses within the urtilage of a dwellinghouse. the general onditions appliable to Setion A; the height of the garden shed or summer-house must not exeed 2.8 metres above ground level; the area of ground overed by the garden shed or summer-house must not umulatively exeed 15 square metres in total; and Page 16 SD No. 0254/2012

17 Town and Country Planning (Permitted Development) Order 2012 SCHEDULE 1 (d) no part of the garden shed or summer-house may be nearer to any highway whih bounds the urtilage of the dwellinghouse than (ii) that part of the dwellinghouse nearest to that highway, or 20 metres, whihever is the nearer. 16 Class 16 Fenes, walls and gates The eretion or alteration of fenes, walls or gates within, or on the boundary of, the urtilage of a dwellinghouse. the general onditions appliable to Setion A; (d) (e) the height, of the fene, wall or gate must not exeed (ii) 1 metre if positioned nearer than the dwellinghouse to any highway whih bounds the urtilage; or 2 metres in any other ase; any fene whih is nearer to any highway than the dwellinghouse must be onstruted of vertial posts with spaes between, and not be of a solid onstrution. any wall must be onstruted of stone traditionally laid, or faing brikwork or rendered brikwork or rendered blokwork all with a oping at least 50 mm deep; and no gates may open out over the highway or any footpath. 17 Class 17 Private garages and ar ports The eretion of a private garage or ar port within the urtilage of a dwellinghouse. the general onditions appliable to Setion A; (d) (e) (f) (g) there must only be one private garage or ar port within the urtilage of the dwellinghouse; the eaves level must be no higher than 2.9 metres. the roof pith must math that of the main dwellinghouse; the maximum width must not exeed 6 metres; the maximum length must not exeed 6 metres; no part of the garage or ar port may projet beyond the forwardmost part of the dwelling whih fronts onto a highway; (h) every part of the garage or ar port must be a minimum of 6 metres from a highway inluding a rear or side lane; SD No. 0254/2012 Page 17

18 SCHEDULE 1 Town and Country Planning (Permitted Development) Order 2012 (j) no part of the garage or ar port may be within 1 metre of the boundary of the dwellinghouse; and if detahed, the garage or ar port must not be used for general living or sleeping purposes. 18 Class 18 Domesti fuel storage tanks The eretion or plaing, within the urtilage of a dwellinghouse, of a tank for the storage of oil or gas for domesti heating with a apaity not exeeding 1,200 litres for oil and 150 litres for gas or liquid petroleum. the general onditions appliable to Setion A; no part of the tank may be more than 2 metres above ground level; no part of the tank may be nearer to any highway whih bounds the urtilage of the dwellinghouse than (ii) that part of the dwellinghouse nearest to that highway, or 20 metres, whihever is the nearer. 19 Class 19 Replaement of waste water treatment system The replaement of a waste water treatment system (sewerage treatment faility) within the urtilage of a dwellinghouse. The general onditions appliable to Setion A. 20 Class 20 Eretion of a flagpole The eretion of a flagpole within the urtilage of a dwellinghouse. the general onditions appliable to Setion A; (d) no more than 1 flagpole is allowed; the height of the flagpole must not exeed 5 metres above ground level; and the flagpole must not be used for the display of any advertisement. 21 Class 21 Constrution of deking The onstrution of deking within the urtilage of a dwellinghouse. the general onditions appliable to setion A; Page 18 SD No. 0254/2012

19 Town and Country Planning (Permitted Development) Order 2012 SCHEDULE 1 no part of the top surfae of the deking may be more than 0.3 metres above the ground level as existed before the operations; (d) no part of the deking may be nearer to any highway whih bounds the urtilage of the dwellinghouse than that part of the dwellinghouse nearest to that highway; and the deking may inlude the provision of perimeter fening or railings where these do not exeed a height of 2 metres above ground level. 22 Class 22 Solar Panels (Stand alone) The installation, alteration or replaement of stand-alone solar panels (or photovoltai or solar thermal equipment) within the urtilage of a dwellinghouse. the general onditions appliable to Setion A; no part of the panel or assoiated struture may be (ii) higher than 2 metres above ground level; or nearer to any highway whih bounds the urtilage of the dwellinghouse than that part of the dwellinghouse nearest to that highway or 20 metres, whihever is the nearer. 23 Class 23 Heat Pumps The installation, alteration or replaement of a ground or water soure heat pump and any assoiated underground pipework within the urtilage of a dwellinghouse. The general onditions appliable to Setion A. Setion B operations where general onditions do not apply 24 Class 24 Installation of replaement windows and doors The installation of a window or an external door in an existing aperture in a dwellinghouse. no alteration may be made in the size, shape or position of the aperture; no windows or doors may open over any part of the highway or boundary of the dwellinghouse; and SD No. 0254/2012 Page 19

20 SCHEDULE 1 Town and Country Planning (Permitted Development) Order 2012 the dwellinghouse must not be loated within a onservation area whih is proposed in a published doument. 25 Class 25 Installation of or removal of Patio doors The installation or removal of patio doors or their replaement with a window within a dwellinghouse. no works may be undertaken on an elevation whih fronts onto a highway; no works may be undertaken other than at a ground floor level; and any new door aperture must be no wider than 3 metres. For the purpose of this lass patio doors inludes Frenh windows, bi-folding doors and sliding doors. 26 Class 26 Garage doors The replaement of a garage door and frame with another garage door or a window. The internal garage spae may then be used as part of the main dwelling to whih the garage is attahed. the works are allowed only where the garage is either an integral or attahed garage (ie not detahed from the dwellinghouse); where a garage door is replaed with a window, the proportions of the window must repliate the proportions of the windows on the ground floor of the same elevation of the door to be replaed; and operations within this lass are allowed only if, on ompletion of the operations, at least 2 ar parking spaes remain within the urtilage of the dwellinghouse. For the purpose of paragraph the minimum size permitted for a ar parking spae is 6 metres by 3.25 metres. For the purpose of this Class, the internal spae of an integral or attahed garage may be used as part of the main dwelling to whih the garage is attahed. This does not onstitute development. 27 Class 27 Satellite dishes The installation, alteration or replaement of a satellite dish on, or within a urtilage of a dwellinghouse. there may be no more than one satellite dish within the urtilage of the dwellinghouse; Page 20 SD No. 0254/2012

21 Town and Country Planning (Permitted Development) Order 2012 SCHEDULE 1 no lettering, logo or other advertisement may be displayed on the satellite dish; and the satellite dish must be no greater than 60m in diameter. 28 Class 28 Roof-lights The installation of a roof-light in the roof of a dwellinghouse or garage. no more than 3 roof-lights are permitted on any roof slope in the roof of the dwellinghouse; and no roof-light may exeed 1 square metre in size. 29 Class 29 Solar Panels (Roof mounted) The installation, alteration, or replaement of solar photovoltai or solar thermal equipment on the roof of a dwellinghouse or the roof of a building situated within a urtilage of a dwellinghouse. No solar photovoltai or solar thermal equipment may extend more than 200mm beyond the plane of the roof slope; or be higher than the highest part of the roof exluding any himney. PART 3 AVIATION OPERATIONS 30 Class 30 Development at an airport The arrying out of development on airport land by the Department or its agent (inluding the eretion or alteration of an airport building) in onnetion with the provision of servies and failities at the Airport. Exeptions: Operations within this Class are not permitted if they would onsist of or inlude (d) (e) the onstrution or extension of a runway; the onstrution of a passenger terminal the floor spae of whih would exeed 500 square metres; the extension or alteration of a passenger terminal, where the floor spae of the building as existing on the oming into operation of this Order or, if built thereafter, of the building as built, would be exeeded by more than 15%; the eretion of a building other than an airport building; and the alteration or reonstrution of a building other than an airport building, where its design or external appearane would be materially affeted. SD No. 0254/2012 Page 21

22 SCHEDULE 1 Town and Country Planning (Permitted Development) Order 2012 For the purposes of paragraph floor spae is alulated by external measurement and without taking aount of the floor spae in any pier or satellite. Condition: The Department s Airport Division must onsult the Department s Planning and Building Control Division before arrying out any development falling within this Class. 31 Class 31 Air navigation development at airport The arrying out on airport land within the perimeter of the Airport by the Department or its agent of development in onnetion with the provision of air traffi ontrol servies, the navigation of airraft using the Airport, or the monitoring of the movement of airraft using the Airport. 32 Class 32 Air navigation development near airport The arrying out on airport land outside but within 1 kilometre of the perimeter of the Airport, by the Department or its agent, of development in onnetion with Exeptions: the provision of air traffi ontrol servies, the navigation of airraft using the Airport, or the monitoring of the movement of airraft using the Airport. Operations within this Class are not permitted if any building ereted would be used for a purpose other than housing equipment used in onnetion with the provision of air traffi ontrol servies, with assisting the navigation of airraft, or with monitoring the movement of airraft using the Airport; any building ereted would exeed a height of 4 metres; they would onsist of the installation or eretion of any radar or radio mast, antenna or other apparatus whih would exeed 15 metres in height, or, where an existing mast, antenna or apparatus is replaed, the height of that mast, antenna or apparatus, if greater. 33 Class 33 Stationing of moveable apparatus in an emergeny The use of airport land by or on behalf of the Department in an emergeny to station moveable apparatus replaing unservieable apparatus. Condition: Page 22 SD No. 0254/2012

23 Town and Country Planning (Permitted Development) Order 2012 SCHEDULE 1 The use must ease within 6 months of its beginning, and any apparatus must be removed, and the land must be restored to its ondition before the development took plae, or to any other ondition agreed in writing between the Department s Planning and Building Control Division and the Department s Airport Division. 34 Class 34 Use of airport buildings The use of buildings vested in the Department within the perimeter of the Airport for purposes onneted with air transport servies or other flying ativities at the Airport. 35 Class 35 Alteration of fene et. to provide aess for emergeny vehiles The alteration of a gate, fene, wall or other means of enlosure of airport land for the purpose of affording aess for emergeny vehiles. PART 4 MISCELLANEOUS OPERATIONS 36 Class 36 Demolition of part of building The demolition of part of a building where the rest of the building is not also demolished. Exeptions: Operations within this Class are not permitted if the part of the building in question is visible on an elevation of the building as seen from any highway whih bounds the urtilage of the building. 37 Class 37 Satellite dish The installation, alteration or replaement of a satellite dish on a building other than a dwellinghouse. Exeptions: Operations within this Class are not permitted if Condition: the size of the dish (exluding any projeting feed element) measured in any diretion exeeds 90m; or on ompletion of the operations the dish would be visible on an elevation of the building as seen from any highway whih bounds the urtilage of the building. No lettering, logo or other advertisement may be marked on or attahed to the dish. SD No. 0254/2012 Page 23

24 SCHEDULE 1 Town and Country Planning (Permitted Development) Order Class 38 Installation of replaement windows and doors The installation of a window or an external door in an existing aperture in a building other than a dwellinghouse. Exeption: Operations within this lass are not permitted if there is not in plae an existing window or door. no alteration may be made in the size, shape or position of the aperture; and no lights may open over any part of the highway. 39 Class 39 Fenes, walls and gates The eretion, onstrution or alteration of fenes, walls or gates elsewhere than within, or on the boundary of, the urtilage of a dwellinghouse. Exeptions: Operations within this Class are not permitted if on ompletion of the operations in the ase of the eretion or onstrution of a fene, wall or gate otherwise than to replae an existing fene, wall or gate, the height, as measured from ground level on either side of the fene, wall or gate, would exeed (ii) 1 metre, where the fene, wall or gate is adjaent to a highway; or 2 metres, in any other ase; in the ase of the alteration of a fene, wall or gate, or the eretion or onstrution of a fene, wall or gate to replae an existing fene, wall or gate, the height, as measured from ground level on either side of the fene, wall or gate, would exeed the greater of (ii) the height of the fene, wall or gate before its alteration or replaement, and the height speified in paragraph or (ii), as the ase may be. 40 Class 40 Forestry operations The arrying out on land used for the purpose of forestry of operations reasonably neessary for that purpose and onsisting of Exeption: the formation, alteration or maintenane of a private roadway, or the getting of materials required for the formation, alteration or maintenane of a private roadway. Page 24 SD No. 0254/2012

25 Town and Country Planning (Permitted Development) Order 2012 SCHEDULE 1 Operations within this Class are not permitted if arried out within 25 metres of a highway. 41 Class 41 Closed-iruit television ameras The installation, alteration or replaement on a building of a losed-iruit television amera to be used for seurity purposes. SD No. 0254/2012 Page 25

26 SCHEDULE 2 Town and Country Planning (Permitted Development) Order 2012 SCHEDULE 2 [Artile 4(2)] OPERATIONS WITHIN CONSERVATION AREAS 1 Class 1 Repairs to servies Operations onsisting of any works for the purposes of inspeting, repairing or renewing any sewer, main, pipe, able or other apparatus, inluding breaking open any highway, road or other land for that purpose. (1) The land must be reinstated to its ondition before the ommenement of the operations. (2) Where traditional materials suh as stone setts, obbles, flags or kerbstones are disturbed, they must be arefully set aside, stored and replaed on ompletion of the operations. 2 Class 2 Highway works Operations by or on behalf of the Department within an existing highway onsisting of Condition: works required for or inidental to the maintenane of the highway; and the eretion, maintenane, improvement or other alteration of traffi signs (within the meaning of setion 15(1) of the Road Traffi Regulation At 1985). In the ase of operations within paragraph, where traditional materials suh as stone setts, obbles, flags or kerbstones are disturbed, they must be arefully set aside, stored and replaed on ompletion of the operations. 3 Class 3 Sewerage and sewage disposal Operations by or on behalf of a sewerage authority onsisting of operations not above ground level required in onnetion with the provision, improvement, maintenane or repair of a sewer, outfall pipe, sludge main or assoiated apparatus; the provision of plant, mahinery or apparatus in, on, over or under land for the purpose of survey or investigation; the maintenane, improvement or repair of works for measuring the flow in any waterourse or hannel. (1) In the ase of operations within paragraph Page 26 SD No. 0254/2012

27 Town and Country Planning (Permitted Development) Order 2012 SCHEDULE 2 (ii) the land must be reinstated to its ondition before the ommenement of the operations; where traditional materials suh as stone setts, obbles, flags or kerbstones are disturbed, they must be arefully set aside, stored and replaed on ompletion of the operations. (2) In the ase of operations within paragraph, on ompletion of the survey or investigation, or at the expiration of 12 months from the ommenement of the operations, whihever is the sooner, all suh operations must ease and all suh buildings, plant or apparatus must be removed and the land restored as soon as pratiable to its ondition before the operations took plae (or to any other ondition whih may be agreed with the Department). 4 Class 4 Water supply Operations by or on behalf of the Isle of Man Water and Sewerage Authority for the purpose of its funtions onsisting of (d) operations not above ground level required in onnetion with the provision, improvement, maintenane or repair of a main, pipe or other apparatus; the provision of plant, mahinery or apparatus in, on, over or under land for the purposes of survey or investigation; the maintenane, improvement or repair of works for measuring the flow in any waterourse or hannel; any works authorised or required in onnetion with an order made under setion 5 of the Water At (1) In the ase of operations within paragraph (ii) the land must be reinstated to its ondition before the operations took plae; where traditional materials suh as stone setts, obbles, flags or kerbstones are disturbed, they must be arefully set aside, stored and replaed on ompletion of the operations; (2) In the ase of operations within paragraph, on ompletion of the survey or investigation, or at the expiration of 12 months from the ommenement of the operations, whihever is the sooner, all suh operations must ease and all suh buildings, plant or apparatus must be removed and the land restored as soon as reasonably pratiable to its ondition before the operations took plae (or to any other ondition whih may be agreed with the Department). SD No. 0254/2012 Page 27

28 SCHEDULE 2 Town and Country Planning (Permitted Development) Order Class 5 Railway works Any operations by the Department of Community, Culture and Leisure on land within the site of an existing railway line onsisting of works required in onnetion with the movement of traffi by rail. Exeption: The operations are not permitted if they onsist of or inlude the onstrution, eretion or alteration of a building or other struture (other than a signal post). 6 Class 6 Tramway works Operations for the purposes of any tramway undertaking onsisting of the installation of tramway traks, and onduits, drains and pipes in onnetion with suh traks for the working of tramways; the installation of telephone ables and apparatus, stop posts and signs required in onnetion with the operation of tramars; the eretion or onstrution and the maintenane, improvement or other alteration of barriers for the ontrol of people waiting to enter tramars. 7 Class 7 Gas supply Operations by or on behalf of a publi gas supplier required for the purposes of its undertaking onsisting of operations not above ground level required in onnetion with the provision, improvement, maintenane or repair of mains, pipes or other apparatus. (1) Not less than 8 weeks before the beginning of operations to lay a main or pipe whih is intended to ontain gas at a pressure exeeding 8 bars absolute, the publi gas supplier must give notie in writing to the Department of its intention to arry out the operations, identifying the land under whih the main or pipe is to be laid. (2) The land must be reinstated to its ondition before the operations took plae. (3) Where traditional materials suh as stone setts, obbles, flags or kerbstones are disturbed, they must be arefully set aside, stored and replaed on ompletion of the operations. 8 Class 8 Eletriity supply Operations by or on behalf of the Manx Eletriity Authority for the generation, transmission or supply of eletriity for the purposes of its undertaking, onsisting of Page 28 SD No. 0254/2012

29 Town and Country Planning (Permitted Development) Order 2012 SCHEDULE 2 Exeptions: the installation or replaement in, on, over or under land of an eletri line and the onstrution of shafts and tunnels and the installation or replaement of feeder or servie pillars or transforming or swithing stations or hambers reasonably neessary in onnetion with an eletri line; the installation or replaement of any teleommuniations line whih onnets any part of an eletri line to any eletrial plant or building, and the installation or replaement of any support for any suh line; the sinking of boreholes to asertain the nature of the subsoil and the installation of any plant or mahinery reasonably neessary in onnetion with suh boreholes. Operations within paragraph or (other than operations onsisting of the replaement of a support where the height of the new support does not exeed that of the existing support) are not permitted if they would onsist of or inlude the installation of an eletri line, teleommuniations line or other plant or apparatus above ground level; or they would onsist of or inlude the installation, at or above ground level or under a highway used by vehiular traffi, of a hamber for housing apparatus. (1) In the ase of operations within paragraph or (ii) the land must be reinstated to its ondition before the operations took plae. where traditional materials suh as stone setts, obbles, flags or kerbstones are disturbed, they must be arefully set aside, stored and replaed on ompletion of the operations; (2) In the ase of operations within paragraph onsisting of or inluding the replaement of an existing eletri line, any onditions ontained in a planning approval relating to the height, design or position of the existing eletri line whih are apable of being applied to the replaement line; (3) In the ase of operations within paragraph onsisting of or inluding the installation of a temporary eletri line providing a diversion for an existing eletri line, on the ending of the diversion or at the end of a period of 12 months from the ompletion of the installation, whihever is the sooner, the temporary eletri line must be removed and the land on whih any operations have been arried out to install that line must be SD No. 0254/2012 Page 29

30 SCHEDULE 2 Town and Country Planning (Permitted Development) Order 2012 restored as soon as reasonably pratiable to its ondition before the operations took plae; (4) In the ase of operations within paragraph, on the ompletion of the operations, or at the end of a period of 12 months from the beginning of the operations, whihever is the sooner, any suh plant or mahinery must be removed and the land must be restored as soon as reasonably pratiable to its ondition before the operations took plae. Expressions used in this Class have the same meanings as in Class 9 of Shedule 1. Page 30 SD No. 0254/2012

31 Town and Country Planning (Permitted Development) Order 2012 SCHEDULE 3 SCHEDULE 3 [Artile 4(3)] CHANGES OF USE PART 1 CHANGE OF USE TO OR FROM DWELLINGHOUSE 1 Class 1 Residential are home The hange of use of a building from use as a dwellinghouse to use as a residential are home, or from use as a residential are home to use as a dwellinghouse. Exeptions: A hange of use within this Class is not permitted if the building in question has more than 5 bedrooms; or is in an area whih, on the Development Plan, is zoned for industrial, retail, or business use; or there would be more than 5 persons reeiving are. In this Class residential are home means - (ii) premises mentioned in Setion 1(1) of the Nursing and Residential Homes At ; and any premises provided by or on behalf of the Department of Soial Care under the Children and Young Persons At Class 2 Guest-house The hange of use of a building from use as a guest-house to use as a dwellinghouse. Exeption: A hange of use within this Class is not permitted if the building in question is in an area whih is not indiated in a development plan as an area of predominantly residential use. 3 Class 3 Taking in guests The hange of use of a building from use as a dwellinghouse to ombined use as a dwellinghouse and as a guest-house. Condition: No more than 3 bedrooms in the building may be used as suh by guests SD No. 0254/2012 Page 31