|Posted by [email protected] on April 28, 2020 at 11:20 AM|
The Royal Hotel car park, which was closed to public use last year, is currently being used as a depot for the contractors laying a new gas main along Tamworth Road. Unfortunately, this is not counted as a change of use and does not require new planning permission. We understand that they are permitted to work on the site between 7:30am and 6:30pm.
Here is the full text of a communication from the Ditrsict Council explaining the planning position.
Class A (gas transporters) of Part 15 (Power related development) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (‘The Order outlines that permitted development (i.e. development which has deemed consent) includes:
(a) The laying underground of mains, pipes or other apparatus; and
(d) The placing and storage on land of pipes and other apparatus to be included in a main or pipe which is being or is about to be laid or constructed in pursuance of planning permission granted or deemed to be granted under Part 3 of the Act (control over development).
The reference to ‘Part 3 of the Act’ is reference to Part 3 of the Town and Country Planning Act 1990 which specifies under Part (2) criterion (c) that the carrying out by a statutory undertaker of any works for the purpose of inspecting, repairing or renewing any main pipes, including the breaking open of any street or other land for that purpose, is not considered to involve “development of the land.”
Development ‘permitted’ by Class A of Part 15 is subject to conditions and one particular condition, in this case, would be condition (b) which states that:
“in the case of any Class A(d) development, on completion of the laying or construction of the main or pipe, or at the expiry of a period of 9 months from the beginning of the development, whichever is the sooner, any pipes or other apparatus still stored on the land are removed and the land restored as soon as reasonably practicable to its condition before the development took place (or any other condition which may be agreed with the local planning authority).”
Separately to this Class A (Temporary Buildings and Structures) of Part 4 (Temporary Buildings and Uses) of The Order outlines that permitted development also includes “the provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over the land or on land adjoining that land.”
Development ‘permitted’ by Class A of Part 4 is subject to the following conditions which apply when the operations have been carried out:
(a) Any building, structure, works, plant or machinery permitted by Class A is removed, and
(b) Any adjoining land on which development permitted by Class A has been carried out is, as soon as reasonably practicable, reinstated to its condition before that development was carried out.
Overall I would be of the view that the proposal has deemed consent via The Order and a formal planning application would not be required for the works which have/are to be carried out.