Temporary changes to permitted development rights in Wales

Wales will see a number of temporary changes to permitted development rights coming into force on 30 April 2021 through the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (Wales) Order 2021.  These temporary measures aim to ease the pressure on hospitality and other businesses as a result of the Covid-19 pandemic by enabling them to put measures in place to resume trading as Covid-19 restrictions are relaxed.

Some of the changes will apply until 3 January 2022, whilst the remaining changes will be in force until 29 April 2022.

The following additional permitted development rights will be in force between 30 April 2021 and 3 January 2022:

Class A: additional temporary use of land

The use of open land for any purpose for not more than 28 days and the provision of any moveable structure on that land for the permitted use.  No more than 14 days of this 28 day period may be for the purpose of holding a market or for motor car or motorcycle racing.

The right does not apply in number of circumstances, including:

• certain use restrictions for land within the curtilage of a scheduled monument or a listed building, a National Park, or a site of special scientific interest;
• use of the land as a caravan site;
• use of the land for the display of advertising.

Class B: markets held by local authorities

The use of any land for the purposes of holding a market by or on behalf of a local authority and the provision on that land of any moveable structure for the permitted use.

The right does not apply where the land is within a site of special scientific interest.

Class F: hospitality uses: outdoor servery

The use of part of a highway adjacent to Class A3 premises (food and drink) for placing removable furniture used for the purposes of selling, serving or consuming food or drink supplied from those premises.

The right does not apply to a highway which is Crown land or which is maintained by Network Rail. 

The right is also subject to a number of restrictions:

• permission for the use of the highway under the Highways Act 1980 must be obtained from the relevant council separately;
• the use must comply with any condition imposed by the relevant council;
• the furniture must not be used between 10pm and 8am.

The following additional permitted development rights will be in force between 30 April 2021 and 29 April 2022:

Class C, D and E: temporary use of Class A1, Class A2 and Class A3 buildings in town centres

Change of use of a Class A1 building (shops), a Class A2 building (financial and professional services) or a Class A3 building (food and drink) within a town centre to a use within:

• Class A1 (shops);
• Class A2 (financial and professional services);
• Class A3 (food and drink), except for the sale of hot food for consumption off the premises;
• Class B1 (business), except for Class B1(c) (industrial processes);
• Class D1 (non-residential institutions);
• Class D2 (assembly and leisure).

Class D: hospitality uses: awnings

The installation of an awning over the frontage of Class A3 premises (food and drink).

The right does not apply where the land is within the curtilage of a listed building, a conservation area or a number of other protected areas.  It also excludes awnings which would constitute an advertisement.

The awning must be fully retractable and be fully retracted between 10pm and 8am.  The awning must be installed by 29 April 2022. 

TLT has extensive experience in advising on all aspects of planning law. If you would like to discuss your requirements, please get in touch.

Contributors: Kate James and Florien Stone

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at March 2021. Specific advice should be sought for specific cases. For more information see our terms & conditions.