Town and Country Planning (General Development) Order 1995 (as amended)

Applies to EnglandApplies to Wales

Title: Town and Country Planning (General Development) Order (as amended)

Category: England and Wales Order

Date: 1995 (1996, 1997. 1998, 1999)

Reference: SI 1995/419 [Full text] (1996/1817 [Full text], 1997/366 [Full text], 1998/462 [Full text], 1999/1661 [Full text])

General Description:

This Order consolidates with amendments the permitted development provisions of the Town and Country Planning General Development Order 1988 and subsequent amending instruments. A separate order, the Town and Country Planning (General Development Procedure) Order 1995 consolidates with amendments the remaining provisions which deal with procedures connected with planning applications and related matters.

The main purpose of this Order is to grant planning permission for certain classes of development without any requirement for an application to be made under Part III of the Town and Country Planning Act 1990. Schedule 2 to the Order, which is subject to the provisions of the Order and to regulations 60 to 63 of the Conservation (Natural Habitats, etc.) Regulations 1994, sets out these classes of development in detail. In some circumstances, the permission given is subject to extensive qualifications and restrictions.

The Order includes the requirements of the 1988 Order plus:

  1. the inclusion of provisions which relate to the further implementation in England and Wales of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.
  2. the inclusion of provisions enabling a local planning authority to issue a direction withdrawing certain permitted development rights, within the whole or any part of a conservation area, in relation to all or any particular development described in article 4(5) . These directions are subject to the new procedures in article 6 relating to notices and confirmation by the local planning authority and are not subject to approval by the Secretary of State;
  3. the inclusion of permitted development rights for the demolition of gates, fences, walls or other means of enclosure. By virtue of the Town and Country Planning (Demolition-Description of Buildings) Direction 1995, made under section 55(2)(g) of the Town and Country Planning Act 1990 and which comes into force on the date of the coming into force of this Order, such demolition is development only if it is within a conservation area (Class B of Part 31 of Schedule 2) ;

Update 1996 (No 1817): This amendment arises due to changes in the local government of Wales and the fact that there are no longer county and district planning authorities in Wales.

Update 1997 (No 366): This amendment lays out provisions for the granting of planning permission for specified agricultural buildings and operations.

Update 1999 (No 462): This amendment confers permitted development rights in respect of certain telecommunication developments such as satellite antennas.

Update 1999 (No 1661): This amendment furthers the 1999/462 amendment stating that where rights apply no specific planning permission is required.

Pertinence to Agriculture: Agricultural Land, Building, Planning Permission

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