Good afternoon,
I'm seeking clarification or a precedent on a definition contained withing the Town & Country Planning Act. Specifically Part 12 - Development by Local Authorities.
PART 12
Development by local authorities
Class A
Permitted development
A. The erection or construction and the maintenance, improvement or other alteration by a local authority or by an urban development corporation of—
(a) any small ancillary building, works or equipment on land belonging to or maintained by them required for the purposes of any function exercised by them on that land otherwise than as statutory undertakers;
(b) lamp standards, information kio -----edited for brevity as this section doesn't apply----
Interpretation of Class A
A.1 For the purposes of Class A, “urban development corporation” has the same meaning as in Part 16 of the Local Government, Planning and Land Act 1980 (urban development)(a).
A.2 The reference in Class A to any small ancillary building, works or equipment is a reference to any ancillary building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity.
I seek clarification of the meaning of Interpretation A.2, specifically 200 m3 in capacity. Local authorities across the country have also had confusion regarding this limit when applied to an irregular shaped works or equipment (see http://parishes.lincolnshire.gov.uk/Files/Parish/9/Nettleham_Skate_Park_Feasibility_Report_February_2011_v2.pdf page 10 with added footnote.
I understand the principle of the limit is such that it is a simple numeric threashold to limit how imposing something may be built without needing full Planning Permission. Once an idea becomes "over imposing", by being larger than 200 cubic metres then it must go through the proper Planning channels. It is clear how these limits might apply to a building, bus shelter, retaining wall etc - but not to a broad AND tall structure such as a skate park.
I can justify or provide some examples for context if this helps.
Mr Neil Thomas
