Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2012 (W.S.I. No. 1346 (W.167) of 2012)

(a) yn lle paragraff A.1(i) rhodder— (a) for paragraph A.1(i) substitute— "(i) it would consist of or include the "(i) it would consist of or include the installation, alteration or replacement of installation, alteration or replacement of an air source heat pump, solar PV, solar an air source heat pump, solar PV, solar thermal equipment or a flue forming part thermal equipment or a flue forming part of a biomass heating system or combined of a biomass heating system or combined heat and power system."; a heat and power system."; and

(b) yn lle paragraff C.1(i) rhodder— (b) for paragraph C.1(i) substitute— "(i) consist of or include the installation, "(i) consist of or include the installation, alteration or replacement of an air source alteration or replacement of an air source heat pump, solar PV, solar thermal heat pump, solar PV, solar thermal equipment or a flue forming part of a equipment or a flue forming part of a biomass heating system or combined heat biomass heating system or combined heat and power system; or". and power system; or". (3) Yn lle Rhan 40 o Atodlen 2 (gosod cyfarpar (3) For Part 40 of Schedule 2 (installation of microgynhyrchu domestig) rhodder— domestic microgeneration equipment) substitute— "Part 40 "Part 40 INSTALLATION OF DOMESTIC INSTALLATION OF DOMESTIC MICROGENERATION EQUIPMENT MICROGENERATION EQUIPMENT Class A Class A Permitted development Permitted development A. The installation, alteration or replacement A. The installation, alteration or replacement of solar PV or solar thermal equipment on— of solar PV or solar thermal equipment on— (a) a dwellinghouse; or (a) a dwellinghouse; or (b) a building situated within the curtilage (b) a building situated within the curtilage of a dwellinghouse. of a dwellinghouse. Development not permitted Development not permitted A.1 Development is not permitted by Class A A.1 Development is not permitted by Class A if— if— (a) in the case of solar PV or solar thermal (a) in the case of solar PV or solar thermal equipment installed on a wall or pitched equipment installed on a wall or pitched roof— roof— (i) the solar PV or solar thermal (i) the solar PV or solar thermal equipment would protrude more than equipment would protrude more than 20 centimetres beyond the plane of 20 centimetres beyond the plane of the wall or the roof slope when the wall or the roof slope when measured from the perpendicular with measured from the perpendicular with the external surface of the wall or the external surface of the wall or roof slope; or roof slope; or (ii) it would result in the highest part of (ii) it would result in the highest part of the solar PV or solar thermal the solar PV or solar thermal equipment being higher than the equipment being higher than the highest part of the roof (excluding any highest part of the roof (excluding any chimney); chimney); (b) in the case of solar PV or solar thermal (b) in the case of solar PV or solar thermal equipment installed on a flat roof— equipment installed on a flat roof— (i) the solar PV or solar thermal (i) the solar PV or solar thermal equipment would be sited within 1 equipment would be sited within 1 metre of the external edge of the roof; metre of the external edge of the roof; or or 4 (ii) the solar PV or solar thermal (ii) the solar PV or solar thermal equipment would protrude more than equipment would protrude more than 1 metre above the plane of the roof; 1 metre above the plane of the roof;

(c) in the case of land within a conservation (c) in the case of land within a conservation area or a World Heritage Site, the solar area or a World Heritage Site, the solar PV or solar thermal equipment would be PV or solar thermal equipment would be installed— installed— (i) on a wall forming the principal or side (i) on a wall forming the principal or side elevation of the dwellinghouse and elevation of the dwellinghouse and which fronts a highway; or which fronts a highway; or (ii) on a wall of a building within the (ii) on a wall of a building within the curtilage of the dwellinghouse and curtilage of the dwellinghouse and which fronts a highway; which fronts a highway;

(d) the solar PV or solar thermal equipment (d) the solar PV or solar thermal equipment would be installed on a building within would be installed on a building within the curtilage of the dwellinghouse if the the curtilage of the dwellinghouse if the dwellinghouse is a listed building; or dwellinghouse is a listed building; or

(e) the solar PV or solar thermal equipment (e) the solar PV or solar thermal equipment would be installed on a site designated as would be installed on a site designated as a scheduled monument. a scheduled monument. Conditions Conditions A.2 Development is permitted by Class A subject A.2 Development is permitted by Class A subject to the following conditions— to the following conditions— (a) solar PV or solar thermal equipment (a) solar PV or solar thermal equipment must, so far as practicable, be sited so as must, so far as practicable, be sited so as to minimise its effect on the external to minimise its effect on the external appearance of the building; appearance of the building; (b) solar PV or solar thermal equipment (b) solar PV or solar thermal equipment must, so far as practicable, be sited so as must, so far as practicable, be sited so as to minimise its effect on the amenity of to minimise its effect on the amenity of the area; and the area; and (c) solar PV or solar thermal equipment no (c) solar PV or solar thermal equipment no longer needed for or capable of longer needed for or capable of microgeneration must be removed as microgeneration must be removed as soon as reasonably practicable. soon as reasonably practicable. Class B Class B Permitted development Permitted development B. The installation, alteration or replacement B. The installation, alteration or replacement of stand alone solar within the curtilage of a of stand alone solar within the curtilage of a dwellinghouse. dwellinghouse. Development not permitted Development not permitted B.1 Development is not permitted by Class B B.1 Development is not permitted by Class B if— if— (a) in the case of the installation of stand (a) in the case of the installation of stand alone solar, it would result in the alone solar, it would result in the presence within the curtilage of more presence within the curtilage of more than one stand alone solar; than one stand alone solar; (b) any part of the stand alone solar— (b) any part of the stand alone solar— (i) would exceed four metres in height; (i) would exceed four metres in height; (ii) would be installed within five metres (ii) would be installed within five metres of the boundary of the curtilage of the of the boundary of the curtilage of the dwellinghouse and would— dwellinghouse and would— (aa) exceed two metres in height; or (aa) exceed two metres in height; or (bb) be installed within five metres of a (bb) be installed within five metres of a highway; highway; 5 (iii) would, in the case of land within a (iii) would, in the case of land within a conservation area or a World Heritage conservation area or a World Heritage Site, be installed so that it is between Site, be installed so that it is between a highway which bounds the curtilage a highway which bounds the curtilage and the dwellinghouse; or and the dwellinghouse; or (iv) would be installed within the curtilage (iv) would be installed within the curtilage of a listed building; or of a listed building; or (c) the surface area of the solar panels (c) the surface area of the solar panels forming part of the stand alone solar forming part of the stand alone solar would exceed nine square metres or any would exceed nine square metres or any dimension of its array (including any dimension of its array (including any housing) would exceed three metres. housing) would exceed three metres. Conditions Conditions B.2 Development is permitted by Class B subject B.2 Development is permitted by Class B subject to the following conditions— to the following conditions— (a) stand alone solar must, so far as (a) stand alone solar must, so far as practicable, be sited so as to minimise its practicable, be sited so as to minimise its effect on the amenity of the area; and effect on the amenity of the area; and (b) stand alone solar which is no longer (b) stand alone solar which is no longer needed for or capable of microgeneration needed for or capable of microgeneration must be removed as soon as reasonably must be removed as soon as reasonably practicable. practicable. Class C Class C Permitted development Permitted development C. The installation, alteration or replacement C. The installation, alteration or replacement of a ground source heat pump within the of a ground source heat pump within the curtilage of a dwellinghouse. curtilage of a dwellinghouse. Class D Class D Permitted development Permitted development D. The installation, alteration or replacement D. The installation, alteration or replacement of a water source heat pump within the of a water source heat pump within the curtilage of a dwellinghouse. curtilage of a dwellinghouse. Class E Class E Permitted development Permitted development E. The installation, alteration or replacement E. The installation, alteration or replacement of a flue, forming part of a biomass heating of a flue, forming part of a biomass heating system, on a dwellinghouse. system, on a dwellinghouse. Development not permitted Development not permitted E.1 Development is not permitted by Class E E.1 Development is not permitted by Class E if— if— (a) the height of the flue would exceed the (a) the height of the flue would exceed the highest part of the roof by one metre or highest part of the roof by one metre or more; or more; or (b) in the case of land within a conservation (b) in the case of land within a conservation area or a World Heritage Site, the flue area or a World Heritage Site, the flue would be installed on a wall or roof slope would be installed on a wall or roof slope forming the principal or side elevation of forming the principal or side elevation of the dwellinghouse and which fronts a the dwellinghouse and which fronts a highway. highway. Class F Class F Permitted development Permitted development F. The installation, alteration or replacement F. The installation, alteration or replacement of a flue, forming part of a combined heat and of a flue, forming part of a combined heat and power system, on a dwellinghouse. power system, on a dwellinghouse. 6 Development not permitted Development not permitted F.1 Development is not permitted by Class F if— F.1 Development is not permitted by Class F if— (a) the height of the flue would exceed the (a) the height of the flue would exceed the highest part of the roof by one metre or highest part of the roof by one metre or more; or more; or (b) in the case of land within a conservation (b) in the case of land within a conservation area or a World Heritage Site, the flue area or a World Heritage Site, the flue would be installed on a wall or roof slope would be installed on a wall or roof slope forming the principal or side elevation of forming the principal or side elevation of the dwellinghouse and which fronts a the dwellinghouse and which fronts a highway. highway. Class G Class G Permitted development Permitted development G. The installation, alteration or replacement G. The installation, alteration or replacement of an air source heat pump— of an air source heat pump— (a) on a dwellinghouse; or (a) on a dwellinghouse; or (b) within the curtilage of a dwellinghouse, (b) within the curtilage of a dwellinghouse, including on a building within that including on a building within that curtilage. curtilage. Development not permitted Development not permitted G.1 Development is not permitted by Class G G.1 Development is not permitted by Class G unless the air source heat pump complies with unless the air source heat pump complies with the MCS Planning Standards or equivalent the MCS Planning Standards or equivalent standards. standards. G.2 Development is not permitted by Class G G.2 Development is not permitted by Class G if— if— (a) in the case of the installation of an air (a) in the case of the installation of an air source heat pump, it would result in the source heat pump, it would result in the presence of more than one air source heat presence of more than one air source heat pump on the dwellinghouse or within the pump on the dwellinghouse or within the curtilage of the dwellinghouse; curtilage of the dwellinghouse; (b) in the case of the installation of an air (b) in the case of the installation of an air source heat pump, a stand alone wind source heat pump, a stand alone wind turbine is installed within the curtilage of turbine is installed within the curtilage of the dwellinghouse; the dwellinghouse; (c) the volume of the air source heat pump's (c) the volume of the air source heat pump's outdoor compressor unit (including any outdoor compressor unit (including any housing) would exceed one cubic metre; housing) would exceed one cubic metre; (d) any part of the air source heat pump (d) any part of the air source heat pump would be installed within three metres of would be installed within three metres of the boundary of the curtilage of the the boundary of the curtilage of the dwellinghouse; dwellinghouse; (e) the air source heat pump would be (e) the air source heat pump would be installed on a pitched roof; installed on a pitched roof;

(f) the air source heat pump would be (f) the air source heat pump would be installed on a flat roof where it would be installed on a flat roof where it would be sited within one metre of the external sited within one metre of the external edge of that roof; edge of that roof;

(g) the air source heat pump would be (g) the air source heat pump would be installed within the curtilage of the installed within the curtilage of the dwellinghouse if the dwellinghouse is a dwellinghouse if the dwellinghouse is a listed building; listed building;

(h) the air source heat pump would be (h) the air source heat pump would be installed on a site designated as a installed on a site designated as a scheduled monument; or scheduled monument; or 7

(i) the air source heat pump would be (i) the air source heat pump would be installed on a wall or roof which fronts a installed on a wall or roof which fronts a highway. highway. Conditions Conditions G.3 Development is permitted by Class G subject G.3 Development is permitted by Class G subject to the following conditions— to the following conditions— (a) the air source heat pump must be used (a) the air source heat pump must be used solely for heating purposes; solely for heating purposes; (b) the air source heat pump must, so far as (b) the air source heat pump must, so far as practicable, be sited so as to minimise its practicable, be sited so as to minimise its effect on the external appearance of the effect on the external appearance of the building; building; (c) the air source heat pump must, so far as (c) the air source heat pump must, so far as practicable, be sited so as to minimise its practicable, be sited so as to minimise its effect on the amenity of the area; and effect on the amenity of the area; and (d) the air source heat pump when no longer (d) the air source heat pump when no longer needed for or capable of microgeneration needed for or capable of microgeneration must be removed as soon as reasonably must be removed as soon as reasonably practicable. practicable. Class H Class H Permitted development Permitted development H. The installation, alteration or replacement H. The installation, alteration or replacement of a stand alone wind turbine within the of a stand alone wind turbine within the curtilage of a dwellinghouse. curtilage of a dwellinghouse. Development not permitted Development not permitted H.1 Development is not permitted by Class H H.1 Development is not permitted by Class H unless the stand alone wind turbine complies with unless the stand alone wind turbine complies with the MCS Planning Standards or equivalent the MCS Planning Standards or equivalent standards. standards. H.2 Development is not permitted by Class H H.2 Development is not permitted by Class H if— if— (a) in the case of the installation of a stand (a) in the case of the installation of a stand alone wind turbine, it would result in the alone wind turbine, it would result in the presence of more than one stand alone presence of more than one stand alone wind turbine within the curtilage of the wind turbine within the curtilage of the dwellinghouse; dwellinghouse; (b) in the case of the installation of a stand (b) in the case of the installation of a stand alone wind turbine, an air source heat alone wind turbine, an air source heat pump is installed on the dwellinghouse or pump is installed on the dwellinghouse or within the curtilage of the dwellinghouse; within the curtilage of the dwellinghouse; (c) the highest part of the stand alone wind (c) the highest part of the stand alone wind turbine (including blades) would exceed turbine (including blades) would exceed 11.1 metres in height; 11.1 metres in height; (d) the distance between ground level and the (d) the distance between ground level and the lowest part of any blade of the stand lowest part of any blade of the stand alone wind turbine would be less than 5 alone wind turbine would be less than 5 metres; metres; (e) any part of the stand alone wind turbine (e) any part of the stand alone wind turbine (including blades but excluding guy (including blades but excluding guy lines) would be located in a position lines) would be located in a position which is less than a distance equivalent to which is less than a distance equivalent to the overall height (including blades) of the overall height (including blades) of the stand alone wind turbine plus 10 % of the stand alone wind turbine plus 10 % of its height when measured from any point its height when measured from any point along the boundary of the curtilage; along the boundary of the curtilage; 8 (f) the swept area of the blades of the stand (f) the swept area of the blades of the stand alone wind turbine exceeds 9.6 square alone wind turbine exceeds 9.6 square metres; metres; (g) the stand alone wind turbine would be (g) the stand alone wind turbine would be installed on safeguarded land; installed on safeguarded land; (h) the stand alone wind turbine would be (h) the stand alone wind turbine would be installed within the curtilage of a listed installed within the curtilage of a listed building; building; (i) the stand alone wind turbine would be (i) the stand alone wind turbine would be installed on a site designated as a installed on a site designated as a scheduled monument; scheduled monument;

(j) in the case of land within a conservation (j) in the case of land within a conservation area, the stand alone wind turbine would area, the stand alone wind turbine would be installed so that it is visible from a be installed so that it is visible from a highway which bounds the curtilage of highway which bounds the curtilage of the dwellinghouse; or the dwellinghouse; or

(k) the stand alone wind turbine would be (k) the stand alone wind turbine would be installed on land which is within an area installed on land which is within an area of outstanding natural beauty, a World of outstanding natural beauty, a World Heritage Site or a site of special scientific Heritage Site or a site of special scientific interest. interest. Conditions Conditions H.3 Development is permitted by Class H H.3 Development is permitted by Class H subject to the following conditions— subject to the following conditions— (a) the blades of the stand alone wind turbine (a) the blades of the stand alone wind turbine must be made of non-reflective materials; must be made of non-reflective materials; (b) the stand alone wind turbine must, so far (b) the stand alone wind turbine must, so far as practicable, be sited so as to minimise as practicable, be sited so as to minimise its effect on the amenity of the area; and its effect on the amenity of the area; and (c) the stand alone wind turbine when no (c) the stand alone wind turbine when no longer needed for or capable of longer needed for or capable of microgeneration must be removed as microgeneration must be removed as soon as reasonably practicable. soon as reasonably practicable. Class I Class I Permitted Development Permitted Development I. The temporary installation of an I. The temporary installation of an anemometry mast within the curtilage of a anemometry mast within the curtilage of a dwellinghouse. dwellinghouse. Development not permitted Development not permitted I.1 Development is not permitted by Class I if— I.1 Development is not permitted by Class I if— (a) it would result in the presence of more (a) it would result in the presence of more than one anemometry mast within the than one anemometry mast within the curtilage of the dwellinghouse; curtilage of the dwellinghouse; (b) a stand alone wind turbine is installed (b) a stand alone wind turbine is installed within the curtilage of the dwellinghouse; within the curtilage of the dwellinghouse; (c) an air source heat pump is installed on the (c) an air source heat pump is installed on the dwellinghouse or within the curtilage of dwellinghouse or within the curtilage of the dwellinghouse; the dwellinghouse; (d) the highest part of the anemometry mast (d) the highest part of the anemometry mast (including apparatus fitted to the mast) (including apparatus fitted to the mast) would exceed 11.1 metres in height; would exceed 11.1 metres in height; (e) any part of the anemometry mast (e) any part of the anemometry mast (including apparatus fitted to the mast but (including apparatus fitted to the mast but excluding guy lines) would be located in excluding guy lines) would be located in a position which is less than a distance a position which is less than a distance 9 equivalent to the overall height equivalent to the overall height (including apparatus fitted to the mast) of (including apparatus fitted to the mast) of the anemometry mast plus 10 % of its the anemometry mast plus 10 % of its height when measured from any point height when measured from any point along the boundary of the curtilage; along the boundary of the curtilage; (f) the anemometry mast would be installed (f) the anemometry mast would be installed on safeguarded land; on safeguarded land; (g) the anemometry mast would be installed (g) the anemometry mast would be installed within the curtilage of a listed building; within the curtilage of a listed building; (h) the anemometry mast would be installed (h) the anemometry mast would be installed on a site designated as a scheduled on a site designated as a scheduled monument; monument; (i) in the case of land within a conservation (i) in the case of land within a conservation area, the anemometry mast would be area, the anemometry mast would be installed so that it is visible from a installed so that it is visible from a highway which bounds the curtilage of highway which bounds the curtilage of the dwellinghouse; the dwellinghouse; (j) the anemometry mast would be installed (j) the anemometry mast would be installed on land which is within an area of on land which is within an area of outstanding natural beauty, a World outstanding natural beauty, a World Heritage Site or a site of special scientific Heritage Site or a site of special scientific interest; or interest; or (k) an anemometry mast has been installed (k) an anemometry mast has been installed within the curtilage of the dwellinghouse within the curtilage of the dwellinghouse within the preceding 5 years. within the preceding 5 years. Conditions Conditions I.2 Development is permitted by Class I subject I.2 Development is permitted by Class I subject to the following conditions— to the following conditions— (a) the anemometry mast must, so far as (a) the anemometry mast must, so far as practicable, be sited so as to minimise its practicable, be sited so as to minimise its effect on the amenity of the area; effect on the amenity of the area; (b) the developer must, within 7 days of (b) the developer must, within 7 days of commencing development, notify the commencing development, notify the local planning authority in writing of the local planning authority in writing of the development and its location; and development and its location; and (c) on or before the expiry of a period of (c) on or before the expiry of a period of twelve months beginning with the date twelve months beginning with the date on which the development began, the on which the development began, the anemometry mast must be removed. anemometry mast must be removed. Interpretation of Part 40 Interpretation of Part 40 J. For the purposes of Part 40— J. For the purposes of Part 40— "aerodrome"— "aerodrome"— (a) means any area of land or water (a) means any area of land or water designed, equipped, set apart, or designed, equipped, set apart, or commonly used for affording facilities commonly used for affording facilities for the landing and departure of aircraft; for the landing and departure of aircraft; and and (b) includes any area or space, whether on (b) includes any area or space, whether on the ground, on the roof of a building or the ground, on the roof of a building or elsewhere, which is designed, equipped elsewhere, which is designed, equipped or set apart for affording facilities for the or set apart for affording facilities for the landing and departure of aircraft capable landing and departure of aircraft capable of descending or climbing vertically; but of descending or climbing vertically; but (c) does not include any area the use of (c) does not include any area the use of which for affording facilities for the which for affording facilities for the landing and departure of aircraft has been landing and departure of aircraft has been abandoned and has not been resumed; abandoned and has not been resumed; 10 "anemometry mast" means a mast installed "anemometry mast" means a mast installed for the purpose of measuring wind speeds for the purpose of measuring wind speeds and directions; and directions; "dwellinghouse" includes a building which "dwellinghouse" includes a building which consists wholly of flats or which is used for consists wholly of flats or which is used for the purposes of a dwellinghouse; the purposes of a dwellinghouse; "microgeneration" has the same meaning as "microgeneration" has the same meaning as in section 82(6) of the Energy Act 2004(1); in section 82(6) of the Energy Act 2004(1); "MSC Planning Standards" means the "MSC Planning Standards" means the product and installation standards for air product and installation standards for air source heat pumps and wind turbines source heat pumps and wind turbines specified in Microgeneration Certification specified in Microgeneration Certification Scheme MCS 020(2); Scheme MCS 020(2); "safeguarded land" means land which— "safeguarded land" means land which— (a) is necessary to be safeguarded for (a) is necessary to be safeguarded for aviation or defence purposes; and aviation or defence purposes; and (b) has been notified as such, in writing, to (b) has been notified as such, in writing, to the Secretary of State by an aerodrome the Secretary of State by an aerodrome operator, NATS (EN ROUTE) PLC or the operator, NATS (EN ROUTE) PLC or the Secretary of State for Defence for the Secretary of State for Defence for the purposes of this Part; purposes of this Part; "stand alone solar" means solar PV or "stand alone solar" means solar PV or solar thermal equipment which is not solar thermal equipment which is not installed on a building; installed on a building; "Stand alone wind turbine" means a wind "Stand alone wind turbine" means a wind turbine which is not fixed to a building.". turbine which is not fixed to a building.". John Griffiths Gweinidog yr Amgylchedd a Datblygu Cynaliadwy, Minister for Environment and Sustainable un o Weinidogion Cymru Development, one of the Welsh Ministers 19 Mai 2012 19 May 2012 © h Hawlfraint y Goron 2012 © Crown copyright 2012 Argraffwyd a chyhoeddwyd yn y Deyrnas Unedig gan The Stationery Office Printed and Published in the UK by the Stationery Office Limited under the Limited o dan awdurdod ac arolygiaeth Carol Tullo, Rheolwr Gwasg Ei authority and superintendence of Carol Tullo, Controller of Her Majesty’s Mawrhydi ac Argraffydd Deddfau Seneddol y Frenhines. Stationery Office and Queen’s Printer of Acts of Parliament. (1) 2004 p.20. (1) 2004 c.20. (2) Rhifyn 1.0 dyddiedig y 19 o Awst 2011 a gyhoeddwyd gan Gemserv (2) Issue 1.0 dated 19 August 2011 published by Gemserv Limited. Limited. 11 O F F E RY N N A U S TAT U D O L W E L S H S TAT U T O RY CYMRU INSTRUMENTS 2012 Rhif 1346 (Cy.167) 2012 No. 1346 (W.167) CYNLLUNIO GWLAD A TOWN AND COUNTRY THREF, CYMRU PLANNING, WALES Gorchymyn Cynllunio Gwlad a The Town and Country Planning Thref (Datblygu Cyffredinol a (General Permitted Development) Ganiateir) (Diwygio) (Cymru) (Amendment) (Wales) Order 2012 2012 £5.75 W1309/06/12 ON