Development rights for the temporary use of land in Wales for 2021

  • Posted

A time limited change has been made to the additional temporary changes of land under Article 3, Schedule 2, by the insertion of a new Part 4A. These changes come into effect from the 30th April 2021 and will expire on the 3rd January 2022.

Part 4A introduces additional days, for temporary uses of land, for certain purposes. This is for not more than 28 days in total during the relevant period, of which no more than 14 days in total may be for the purposes of:

  • The holding of a market,
  • For the purposes of motor car and motorcycle racing including trials of speed, and practicing for these activities,
  • The provision on the land of any moveable structures for the purposes of the permitted use.

These rights are in addition to the 28 or 14 days uses permitted by the Town and Country Planning (General Permitted Development) Order 1995 Part 2 Class B. This means that from the 30th April 2021 you are able to use your land without the need for Planning Permission for 56 days in total (28 days as standard, with the additional 28 days) for permitted uses. This will be until the 3rd January 2022. Where certain uses have been restricted to 14 days per calendar year such as motorsports, clay pigeon shooting or war games, an additional 14 days have been granted from the 30th April 2021 to 3rd January 2022.

However, there are restrictions, development is not permitted under Part 4A, Schedule 2, Class A if:

  • The land in question is a building,
  • The land is within the curtilage of a building and there is a scheduled monument within that curtilage,
  • The land is within a National Park and the use of the land is for a car park that is not ancillary to a temporary use under Class A
  • The use of the land is for a caravan site,
  • The land is, or is within, a site of special scientific interest or is within the curtiledge of a listed building and the use of the land is for –
    • Motor car and motorcycle racing including trials of speed or other motor sports and practicing for these activities,
    • Clay pigeon shooting,
    • Any war game.

It is also worth noting that whilst tented campsites should be able to benefit from these additional days, caravan sites will not.

If you require any further information, please contact Agri Advisor on 01558 650381.