The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2020

Amendment of the Town and Country Planning (General Permitted Development) Order 1995

2.—(1) Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995(1) is amended as set out in paragraph (2).

(2) After Part 12 (Development by Local Authorities) insert—

“Part 12A Emergency Development by Local Authorities

Class A

A. Permitted development

Development by a local authority on land owned, leased, occupied or maintained by it for the purposes of—

(a) preventing an emergency;

(b) reducing, controlling or mitigating the effects of an emergency; or

(c) taking other action in connection with an emergency.

A.1 Conditions

Development is permitted by Class A subject to the following conditions—

(a) if the developer is not also the local planning authority, the developer must, as soon as reasonably practicable notify the local planning authority of that development; and

(b) on or before the expiry of the period of twelve months beginning with the date on which the development began—

(i) any use of that land for a purpose of Class A must cease and any buildings, plant, machinery, structures and erections permitted by Class A must be removed; and

(ii) the land must be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

A.2 Interpretation of Class A

(1) For the purposes of Class A, “emergency” means an event or situation which threatens serious damage to human welfare in a place in the United Kingdom.

(2) For the purposes of paragraph (1), an event or situation threatens damage to human welfare only if it involves, causes or may cause—

(a) loss of human life;

(b) human illness or injury;

(c) homelessness;

(d) damage to property;

(e) disruption of a supply of money, food, water, energy or fuel;

(f) disruption of a system of communication;

(g) disruption of facilities for transport; or

(h) disruption of services relating to health.”

(1)

S.I. 1995/418 to which there are amendments which are not relevant to this instrument.