General Permitted Development Order

Transcription

1 Page 1 of 6 General Permitted Development Order Please note that since 1 st October 2008 The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 came into force. This Order (GPDO) has subsequently been followed up with amendments in 2011, 2015 and These planning requirements are for customers building domestic swimming pools in England only and are summarised below. For details of other Home Nations or non-domestic applications, please contact your relevant National Planning Authority. Permitted development for domestic pools in back gardens is allowed, subject to the various restrictions laid out in this factsheet, under Class E (sections E1, E2 and E3 below). Please note that there is also advice in the GPDO 2011 on the installation of renewable heat sources, such as air source heat pumps (under Class G) within this factsheet. For a summary of the information regarding Permitted Development for an air source heat pump, SPATA believes that so long as the heat pump complies with the general requirements of Class G, then it is permitted within Class E. However, there is one Local Planning Authority (LPA) that disagrees with SPATA s interpretation, so SPATA strongly urges you to be aware that the LPA for your project may require planning consent to be obtained for a heat pump installation that does not comply with all of the requirements laid out in Class G. Specific note should be made of the following items below, as these are the most likely items to cause an issue that could lead to a request for planning permission to be sought: noise level limits not exceeding 42.0 db(a) as calculated by MCS020 volume of the heat pump (including any housing) not exceeding 0.6 cubic metres any part of the heat pump must not be installed within one metre of the boundary of the property. Members can find more details are available in the MCS Planning standard (MCS020), especially regarding noise levels, which must comply with the permitted development limit of 42.0 db(a) can be accessed via sue%201.0.pdf and outlines the following: - Sound power level which is the total acoustical energy emitted by a sound source, and is an absolute value. It is not affected by the environment or the location of the listener.

2 Page 2 of 6 - Sound pressure level - is what we hear. It is a pressure disturbance at a specific point in the atmosphere whose intensity is influenced not only by the sound power of the source, but also by the surroundings and the distance from the source to the point at which the sound is heard. - Determination of directivity - the sound pressure level increases with the number of reflecting surfaces. A reflective surface is any surface (including the ground) within 1 metre of the air source heat pump. [Please note that the sound pressure level from three reflective surfaces may be too high, so would not meet the MCS Planning Standards]. SPATA notes that there are no RHI incentives for domestic swimming pools, and that most member companies are not MCS installer accredited and therefore do not meet the criteria for G1 outlined later in this factsheet. However, it is SPATA s view that the swimming pool industry should follow the general principles laid out above, but should not be specifically bound by the MCS, as there is no legal duty to be MCS accredited (if RHI funding cannot be accessed). SPATA will therefore continue to seek to have air source heat pumps included under the permitted development of Class E. SPATA is awaiting confirmation that swimming pool heat pump installations fall outside the scope of the installation standard MIS 3005 and therefore this should not be a requirement demanded by LPA s for permitted development. SPATA is also in dialogue with MCS about whether there is scope for a swimming pool specific installers course to be offered to the industry. Members will be updated when there is any news to convey. Please note that SPATA would also like to state that once Members have read the information above, they should note that planning consent, either formal or through permitted development rights, still does not protect the owner of the installation from action under the Environmental Protection Act, if the installation is subsequently considered to be causing a statutory noise nuisance to a neighbour. If Members remain in any doubt about whether their heat pump is suitable to be used without planning permission, SPATA recommends that they should contact their heat pump supplier and Local Planning Authority for more advice. For more information about the other aspects of this legislation and how it may affect members, please note you are requested to visit the following website address: or Members may wish to purchase a copy of the legislation from the Department for Communities and Local Government, Bressenden Place, London, SW1E 5DU (Tel: ) (at a cost of 5). The legislation is Crown copyright 2008 and is printed and published in the UK by The Stationery Office Limited (E3011 9/ T 19585).

3 Page 3 of 6 Class E - Permitted development E. The provision within the curtilage of the dwelling house of (a) any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwelling house as such, or the maintenance, improvement or other alteration of such a building or enclosure; or (b) a container used for domestic heating purposes for the storage of oil or liquid petroleum gas. Development not permitted E.1 Development is not permitted by Class E if (a) the total area of ground covered by buildings, enclosures and containers within the curtilage (other than the original dwelling house) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwelling house); (b) any part of the building, enclosure, pool or container would be situated on land forward of a wall forming the principal elevation of the original dwelling house; (c) the building would have more than one storey; (d) the height of the building, enclosure or container would exceed (i) 4 metres in the case of a building with a dual-pitched roof, (ii) 2.5 metres in the case of a building, enclosure or container within 2 metres of the boundary of the curtilage of the dwelling house, or (iii) 3 metres in any other case; (e) the height of the eaves of the building would exceed 2.5 metres; (f) the building, enclosure, pool or container would be situated within the curtilage of a listed building; (g) it would include the construction or provision of a veranda, balcony or raised platform; (h) it relates to a dwelling or a microwave antenna; or (i) the capacity of the container would exceed 3,500 litres.

4 Page 4 of 6 E.2 In the case of any land within the curtilage of the dwelling house which is within (a) a World Heritage Site, (b) a National Park, (c) an area of outstanding natural beauty, or (d) the Broads, development is not permitted by Class E if the total area of ground covered by buildings, enclosures, pools and containers situated more than 20 metres from any wall of the dwelling house would exceed 10 square metres. E.3 In the case of any land within the curtilage of the dwelling house which is article 1(5) land, development is not permitted by Class E if any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwelling house and the boundary of the curtilage of the dwelling house. Interpretation of Class E E.4 For the purposes of Class E, purpose incidental to the enjoyment of the dwelling house as such includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwelling house. Explanatory Note (This note is not part of the Order). This Order amends the Town and Country Planning (General Permitted Development) Order 1995 ( the 1995 Order ). The 1995 Order confers permitted development rights in respect of certain development. Where such rights apply, no specific application for planning permission is needed. Article 2 adds World Heritage Sites to the list of land in Part 2 of Schedule 1 to the 1995 Order (known as article 1(5) land ). The 1995 Order confers a more restricted set of permitted development rights in relation to article 1(5) land. The new Part 1 of Schedule 2 makes changes to the permitted development rights in relation to the enlargement, improvement or alteration of a dwelling house the provision within the curtilage of any building, enclosure, pool or container (Class E).

5 Page 5 of 6 Please note that part of the GPDO legislation (E b above) is worded in such a way that at least one Local Planning Authority (LPA) in England has previously interpreted the Order as meaning that all new pools will need to have planning permission! Having clarified this interpretation with the respective Local Authority and the Planning Officers Society, SPATA was able to demonstrate to that LPA that they had made a mistake and had mistakenly interpreted the part of the Order mentioning a figure of 3,500 litres (3.5 cubic metres) as the threshold for needing to obtain planning permission for fuel containers, not aqueous containers, such as pools and spas. If any LPA officers state that planning permission is needed for pools over 3,500 litres, then please show them a copy of this factsheet and put them in contact with the SPATA office, if needed. Permitted Development Class G G. 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. Development not permitted G.1 Development is not permitted by Class G unless the air source heat pump complies with the MCS Planning Standards or equivalent standards. G.2. Development is not permitted by Class G if (a) in the case of the installation of an air source heat pump, the development would result in the presence of more than one air source heat pump on the same building or within the curtilage of the building or block of flats; (b) in the case of the installation of an air source heat pump, a wind turbine is installed on the same building or within the curtilage of the dwellinghouse or block of flats; (c) in the case of the installation of an air source heat pump, a standalone turbine is installed within the curtilage of the dwellinghouse or block of flats; (d) the volume of the air source heat pump s outdoor compressor unit (including any housing) would exceed 0.6 cubic metres; (e) any part of the air source heat pump would be installed within one metre of the boundary of the curtilage of the dwellinghouse or block of flats; (f) the air source heat pump would be installed on a pitched roof; (g) the air source heat pump would be installed on a flat roof where it would be within one metre of the external edge of that roof;

6 Page 6 of 6 (h) the air source heat pump would be installed on a site designated as a scheduled monument; (i) the air source heat pump would be installed on a building or on land within the curtilage of the dwellinghouse or the block of flats if the dwellinghouse or the block of flats is a listed building; (j) in the case of land within a conservation area or which is a World Heritage Site the air source heat pump (i) would be installed on a wall or a roof which fronts a highway; or (ii) would be 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; or (k) in the case of land, other than land within a conservation area or which is a World Heritage Site, the air source heat pump would be installed on a wall of a dwellinghouse or block of flats if (i) that wall fronts a highway; and (ii) the air source heat pump would be installed on any part of that wall which is above the level of the ground storey. Conditions G.3. Development is permitted by Class G subject to the following conditions (a) the air source heat pump shall be used solely for heating purposes; (b) the air source heat pump shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building; (c) the air source heat pump shall, so far as practicable, be sited so as to minimise its effect on the amenity of the area; and (d) the air source heat pump when no longer needed for microgeneration shall be removed as soon as reasonably practicable. SPATA reminds its members that no responsibility can be taken by SPATA, its employees or agents in respect of any errors or omissions from this factsheet. This version of M5 dated 29 August 2017