SI 2026/1056 - The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2026

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STATUTORY INSTRUMENTS 2026 No. 1056 TOWN AND COUNTRY PLANNING, ENGLAND The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2026 Made - - - - 25th September 2026 Laid before Parliament 30th September 2026 Coming into force - - 21st October 2026 The Secretary of State makes this Order in exercise of the powers conferred by sections 59, 60, 61(1) and 333(7) and (8) of the Town and Country Planning Act 1990(1).

Citation, commencement, extent and interpretation

1.—(1) This Order may be cited as the Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2026.

(2) This Order comes into force on 21st October 2026.

(3) This Order extends to England and Wales.

(4) In this Order, “the GPDO” means the Town and Country Planning (General Permitted Development) (England) Order 2015(2).

Amendment of the GPDO 2 The GPDO is amended in accordance with articles 3 to 9.

Amendment of Article 2 (interpretation) 3 In article 2(1)—

(a) after the definition of “erection”, insert— ““European site” has the meaning given by regulation 8 of the Conservation of Habitats and Species Regulations 2017(3)

(1) 1990 c. 8. Section 59 was amended by paragraph 4 of Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27) and paragraph 3 of Schedule 4 and paragraph 5 of Schedule 7 to the Planning (Wales) Act 2015 (anaw 4). Section 60 was amended by section 4(1) of the Growth and Infrastructure Act 2013 (c. 27) and section 152 of the Housing and Planning Act 2016 (c. 22). Section 333(8) was inserted by section 130(1)(b) of the Levelling-Up and Regeneration Act 2023 (c. 55).

(2) S.I. 2015/596 relevant amending instruments are S.I. 2019/907, S.I. 2021/814, S.I. 2023/1110, S.I. 2025/650, S.I. 2026/313.

(3) S.I. 2017/1012. Regulation 8 was amended by regulation 6 of S.I. 2019/579.Document Generated: 2026-09-30

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(b) in the definition of “National Planning Policy Framework”, for “December 2024” substitute “August 2026”.

Amendment of Class D of Part 2 of Schedule 2

4.—(1) Class D of Part 2 of Schedule 2 (electrical outlet for recharging vehicles) is amended as follows.

(2) For paragraph D, substitute— “Permitted development D. The installation, alteration or replacement of an electrical outlet mounted on a wall for recharging electric vehicles—

(a) within an area lawfully used for off-street parking; or

(b) within any other area within the curtilage of a dwellinghouse or block of flats.”.

(3) In paragraph D.1 (development not permitted)—

(a) the existing text becomes sub-paragraph (1);

(b) after paragraph (a), insert— “(aa) be installed more than 1.6 metres above ground level;”;

(c) after sub-paragraph (1), insert— “(2) Development is not permitted by paragraph (b) of Class D—

(a) if it would result in more than 1 outlet being installed within the curtilage of a dwellinghouse or block of flats; or

(b) within a conservation area.

(3) If the electrical outlet would be mounted on a wall of a dwellinghouse or block of flats that immediately adjoins a highway, development is not permitted by Class D if—

(a) the electrical outlet would protrude by more than 0.2 metres from the external wall of the dwellinghouse or block of flats; or

(b) there would be less than 1.5 metres’ width of footway between the outermost projection of the electrical outlet and the edge of the carriageway.”.

(4) In paragraph D.2 (conditions)—

(a) the existing text becomes sub-paragraph (1);

(b) after sub-paragraph (1), insert— “(2) Development is permitted by Class D subject to the condition that, where there is a footway between the electrical outlet and the vehicle to be recharged, when the outlet is in use the charging cable must cross the footway by means of an authorised cross-pavement solution.”.

(5) After paragraph D.2, insert— “Interpretation of Class D D3. For the purposes of Class D— “authorised”, in relation to a cross-pavement solution, means installed by, or on behalf of, or with the authorisation of, the relevant highway authority;

“block of flats” means a building which consists of at least two flats; “carriageway” has the meaning given by section 329(1) of the Highways Act 1980;

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “cross-pavement solution” means a pavement-embedded cable channel that allows a cable for the recharging of electric vehicles to safely cross a footway from a domestic premises to a parked vehicle;

“electrical outlet” means a dedicated charging point for the recharging of electric vehicles not including by means of a standard domestic plug and socket, and including any casing of that electrical outlet;

“footway” has the meaning given by section 329(1) of the Highways Act 1980.”.

Amendment of Class E of Part 2 of Schedule 2

5.—(1) Class E of Part 2 of Schedule 2 (electrical upstand etc for recharging vehicles) is amended as follows.

(2) For paragraph E(1), substitute— “(1) The installation, alteration or replacement of an upstand with an electrical outlet mounted on it for recharging electric vehicles—

(a) within an area lawfully used for off-street parking; or

(b) within any other area within the curtilage of a dwellinghouse or block of flats.”.

(3) In paragraph E.1 (development not permitted)—

(a) in sub-paragraph (1)—

(i)for paragraph (a), substitute— “(a) exceed the relevant height limit in the table from the surface used for the parking of vehicles— Location of development Height Limit

(i) non-domestic area lawfully used for off- 2.7 metres. street parking.

(ii) any other location. 1.6 metres.”;

(ii)after paragraph (a), insert— “(aa) in the case of development permitted by paragraph E(1)(b), be within a conservation area;”;

(b) in sub-paragraph (3)—

(i)omit paragraph (a);

(ii)in paragraph (b)—

(aa)omit “unit of”;

(bb)for sub-paragraph (i), substitute— “(i)result in the cumulative volume of equipment housing installed under Class E within that non-domestic area exceeding 45 cubic metres;”;

(iii)after paragraph (b), insert “; “(c) where the cumulative volume of equipment housing installed within that non-domestic area would exceed 29 cubic metres, it would be—

(i)within a site of special scientific interest;

(ii)within a European site; or

(iii)used for the display of an advertisement.”.

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(4) In paragraph E.2 (conditions)—

(a) the existing text becomes sub-paragraph (1);

(b) after sub-paragraph (1), insert— “(2) Development is permitted by paragraph E(1) subject to the condition that, where there is a footway between the upstand and outlet and the vehicle to be recharged, when the upstand and outlet are in use the charging cable must cross the footway by means of an authorised cross-pavement solution.

(3) In the case of any paragraph E(2) development, where—

(a) the cumulative volume of the equipment housing installed within that non- domestic area would exceed 29 cubic metres; and

(b) the equipment housing would be installed on article 2(3) land(4), before beginning development the developer must apply to the local planning authority for a determination as to whether the prior approval of the local planning authority will be required with respect to the impact of the siting and appearance of the equipment housing on that article 2(3) land.

(4) The application must be accompanied by—

(a) a written description of the proposed development;

(b) a plan indicating the site and showing the proposed development;

(c) the developer’s contact address; and

(d) the developer’s email address if the developer is content to receive communications electronically, together with any fee required to be paid.

(5) The local planning authority may refuse an application where, in the opinion of the authority—

(a) the proposed development does not comply with; or

(b) the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with, any conditions, limitations or restrictions specified in Class E applicable to the development in question.

(6) Sub-paragraphs (7) and (9) do not apply where a local planning authority refuses an application under sub-paragraph (5) and for the purposes of section 78 of the Act

(appeals)(5) such a refusal is to be treated as a refusal of an application for approval.

(7) The local planning authority must give notice of the proposed development—

(a) by site display in at least one place on or near the land to which the application relates for not less than 21 days of a notice which—

(i)describes the proposed development;

(ii)provides the address of the proposed development; and

(iii)specifies the date by which representations are to be received by the local planning authority; or

(b) by serving a notice in that form on any adjoining owner or occupier.

(8) The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application.

(4) See the definition of “article 2(3) land” in Part 1 of Schedule 1 to the GPDO.

(5) See the definition of “the Act” in article 2 of the GPDO.

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(9) The local planning authority must, when determining an application—

(a) take into account any representations made to them as a result of any notice given under sub-paragraph (7); and

(b) have regard to the National Planning Policy Framework so far as relevant to the subject matter of the prior approval as if the application were a planning application.

(10) The development must not begin before the occurrence of one of the following—

(a) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(b) the receipt by the applicant from the local planning authority of a written notice giving their prior approval; or

(c) the expiry of 56 days following the date on which the application under sub- paragraph (4) was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.

(11) The development must be carried out—

(a) where prior approval is required, in accordance with the details approved by the local planning authority;

(b) where prior approval is not required, or where sub-paragraph (10)(c) applies, in accordance with the details provided in the application referred to in sub- paragraph (4), unless the local planning authority and the developer agree otherwise in writing.

(12) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.

(13) When computing the number of days in paragraph (7)(a), any day which is a public holiday(6) must be disregarded.”.

(5) In paragraph E.3 (interpretation)—

(a) before the definition of “block of flats”, insert— ““authorised”, in relation to a cross-pavement solution, means installed by, or on behalf of, or with the authorisation of, the relevant highway authority;”;

(b) after the definition of “block of flats”, insert— ““cross-pavement solution” means a pavement-embedded cable channel that allows a cable for the recharging of electric vehicles to safely cross a footway from a domestic premises to a parked vehicle;

“electrical outlet” means a dedicated charging point for the recharging of electric vehicles not including by means of a standard domestic plug and socket, and including any casing of that electrical outlet;

“footway” has the meaning given by section 329(1) of the Highways Act 1980.”.

Amendment of Class CB of Part 4 of Schedule 2 6 In Class CB of Part 4 of Schedule 2 (temporary provision of buildings for a school with a RAAC-affected building), in paragraph CB.1. (development not permitted), for “three” substitute “five”, and for “2026” substitute “2028”.

(6) See the definition of “public holiday” in article 2 of the GPDO.

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Insertion of Class F in Part 9 of Schedule 2 (cross-pavement solutions) 7 In Part 9 of Schedule 2, after Class E (repairs to unadopted streets and private ways) insert— “Class F - cross-pavement solutions : domestic premises Permitted development F. The installation, alteration or replacement of a cross-pavement solution by, on behalf of, or with the authorisation of, a highway authority.

Development not permitted F1. Development is not permitted by Class F if the cross-pavement solution would—

(a) be within a site designated as a scheduled monument;

(b) be within the curtilage of a listed building; or

(c) be within a conservation area.

Conditions F2. Development is permitted by Class F subject to the conditions that when no longer needed as a cross-pavement solution—

(a) the development is removed as soon as reasonably practicable; and

(b) the pavement within which the cross-pavement solution was set is, as soon as reasonably practicable, reinstated to its condition before that development was carried out.

Interpretation of Class F F3. For the purposes of Class F— “cross-pavement solution” means a pavement-embedded cable channel that allows a cable for the recharging of electric vehicles to safely cross a footway from a domestic premises to a parked vehicle;

“footway” has the meaning given by section 329(1) of the Highways Act 1980.”.

Amendment of Class B of Part 15 of Schedule 2

8.—(1) Class B of Part 15 of Schedule 2 (electricity undertakings) is amended as follows.

(2) In paragraph B.1 (development not permitted), in sub-paragraph (a)—

(a) after paragraph (i), omit the “or”;

(b) in paragraph (ii), for “29 cubic metres in capacity;”, substitute “45 cubic metres in capacity; or”;

(c) after paragraph (ii), insert— “(iii)it would consist of or include the installation or replacement at or above ground level or under a highway used by vehicular traffic, of a chamber for housing apparatus which would exceed 29 cubic metres in capacity where any of the following criteria are also met in respect of any part of the chamber—

(aa)it would exceed three metres in height;

(bb)it would be situated within five metres of a dwellinghouse;

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(cc)it would be situated on a site of special scientific interest; or

(dd)it would be situated on a European site.”.

(3) In paragraph B.2 (conditions)—

(a) the existing text becomes sub-paragraph (1);

(b) in the re-numbered sub-paragraph (1), after paragraph (b), insert— “(ba) in the case of any Class B(a) development consisting of or including the installation or replacement at, or above ground level or under a highway used by vehicular traffic, of a chamber for housing apparatus where—

(i)the chamber would exceed 29 cubic metres in capacity; and

(ii)any part of the chamber would be situated on article 2(3) land, before beginning development the developer must apply to the local planning authority for a determination as to whether the prior approval of the local planning authority will be required with respect to the impact of the siting and the appearance of the chamber on that article 2(3) land;”;

(c) after sub-paragraph (1), insert— “(2) In relation to an application under sub-paragraph (1)(ba), the application must be accompanied by—

(a) a written description of the proposed development;

(b) a plan indicating the site and showing the proposed development;

(c) the developer’s contact address; and

(d) the developer’s email address if the developer is content to receive communications electronically, together with any fee required to be paid.

(3) The local planning authority may refuse an application where, in the opinion of the authority—

(a) the proposed development does not comply with; or

(b) the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with, any conditions, limitations or restrictions specified in Class B applicable to the development in question.

(4) Sub-paragraphs (5) and (7) do not apply where a local planning authority refuses an application under sub-paragraph (3) and for the purposes of section 78 of the Act (appeals) such a refusal is to be treated as a refusal of an application for approval.

(5) The local planning authority must give notice of the proposed development—

(a) by a site display in at least one place on or near the land to which the application relates for not less than 21 days of a notice which—

(i)describes the proposed development;

(ii)provides the address of the proposed development; and

(iii)specifies the date by which the representations are to be received by the local planning authority; or

(b) by serving a notice in that form on any adjoining owner or occupier.

(6) The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application.

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(7) The local planning authority must, when determining an application—

(a) take into account any representations made to them as a result of any notice given under sub-paragraph (5); and

(b) have regard to the National Planning Policy Framework so far as relevant to the subject matter of the prior approval, as if the application were a planning application.

(8) The development must not occur before the occurrence of one of the following—

(a) the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(b) the receipt by the applicant from the local planning authority of a written notice giving their prior approval; or

(c) the expiry of 56 days following the date on which the application under sub- paragraph (2) was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.

(9) The development must be carried out—

(a) where prior approval is required, in accordance with the details approved by the local planning authority;

(b) where prior approval is not required, or where sub-paragraph (8)(c) applies, in accordance with the details provided in the application referred to in sub- paragraph (2), unless the local planning authority and the developer otherwise agree in writing.

(10) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.

(11) When computing the number of days in sub-paragraph (5)(a), any day which is a public holiday must be disregarded.”.

Amendment of paragraph B of Part 20 of Schedule 2 9 In paragraph B of Part 20 of Schedule 2 (procedure for applications for prior approval under Part 20), in sub-paragraphs (2)(h)(ii) and (6A), for “the Health and Safety Executive” substitute “the Building Safety Regulator” in both places those words occur.

Transitional provision

10.—(1) Paragraph (2) applies where development (“previously permitted development”)—

(a) is permitted under Class D or Class E of Part 2 of Schedule 2 to the GPDO as it had effect immediately before 21st October 2026, and

(b) is, by virtue of the amendments made by this Order, no longer permitted under the relevant Class as it has effect on and after 21st October 2026.

(2) Where this paragraph applies, a developer may, despite the amendments made by this Order, carry out previously permitted development until the end of 20th October 2027.

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Signed by authority of the Secretary of State for Housing, Communities and Local Government Matthew Pennycook Minister of State Ministry of Housing, Communities and Local 25th September 2026 Government 9Document Generated: 2026-09-30

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EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Town and Country Planning (General Permitted Development) (England)

Order 2015 (S.I. 2015/596) (“the GPDO”). The GPDO provides, for the purposes of section 59 of the Town and Country Planning Act 1990 (c. 8), for the grant of planning permission for certain classes of development without the requirement for a planning application to be made under Part 3 of that Act. The classes of permission, known as “permitted development rights” together with their accompanying conditions, limitations and restrictions, are set out in Schedule 2 to the GPDO.

Article 3 introduces a new definition of “European site” into the GPDO and amends the existing definition of “National Planning Policy Framework”.

Articles 4 and 5 amend Classes D and E of Part 2 of Schedule 2 to the GPDO (which deal respectively with electrical outlets and electrical upstands for recharging vehicles) to extend those rights, which previously only applied in areas lawfully used for off-street parking. The amendments introduce new conditions and limitations, including that where there is a footway between the electrical outlet and the vehicle, any charging cable must cross the pavement by means of a cross-pavement solution.

Article 5 also amends Class E.2 to permit the installation of additional units of equipment housing,

provided that the cumulative maximum volume of all equipment housing does not exceed 45 cubic metres. Where the equipment housing exceeds 29 cubic metres and is installed on article 2(3) land, the developer will be required to obtain prior approval from the local planning authority.

Class CB of Part 4 of Schedule 2 to the GPDO provides a temporary right to provide buildings on school land where the school has a RAAC-affected building. This right was due to expire at 11.59 p.m. on 24th October 2026. Article 6 extends this right so that it will continue until 11.59 p.m. on 24th October 2028.

Article 7 inserts a new Class F into Part 9 of Schedule 2 to the GPDO to permit, subject to the stated limitations and conditions, the installation, alteration or replacement of a cross-pavement solution by or on behalf of a highway authority, or with its authorisation.

Class B (electricity undertakings) of Part 15 (power related development) of Schedule 2 to the GPDO permits, among other things, the installation of substations by electricity undertakers. Article 8 extends this right so that it applies to substations up to 45 cubic metres in capacity. Where the capacity of the substation exceeds 29 cubic metres, it will be subject to new, additional conditions and limitations, including a requirement to obtain prior approval from the local planning authority where the chamber would be situated on article 2(3) land.

Article 9 amends paragraph B (interpretation) of Part 20 (construction of new dwellinghouses) of Schedule 2 to the GPDO to replace references to the “Health and Safety Executive” with references to the “Building Safety Regulator”.

Article 10 makes transitional provision in relation to the amendments made by this Order.

A full impact assessment has not been produced for this Order as no, or no significant, impact on the private sector, voluntary sector or public sector is foreseen. An explanatory memorandum is published alongside this instrument at www.legislation.gov.uk.

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