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Class B – temporary use of land

 

temporary use of land
The permitted development right of Class B allows you to temporary use of land for any purpose for up to 28 days in any calendar year. The land must not be part of your garden or curtilage of your property. 

If you hold a market or motor car or motorcycle racing / practising you are limited to 14 days in any calendar year. Although until 31st December 2020 this 14 days is increased to 28 days under Class BA.

These days do not need to be consecutive and can be spread out over the year as required. 

The permission allows for moveable structures for the purposes of the chosen use.

 

How do I apply for permission?

There is no permission required for the temporary use of land, you can just carry out your chosen activity on the land. However, if you are holding a market or a car boot sale, you will not require planning permission if under 14 days a year, but you might need to give notice under Section 37 of the Local Government (Miscellaneous Provisions) Act 1982. This will vary between council areas and London boroughs depending upon their requirements.  

 

Are there any limitations?

There are a couple. Apart from it not being part of your curtilage, it can’t be used as a caravan site and if you are within a SSSI then you can’t do car and bike racing, clay pigeon shooting or war games. Nor may you use it as an advertisement. 

 

Legislation

 

Class B – temporary use of land

Permitted development

B. The use of any land for any purpose for not more than 28 days in total in any calendar year, of which not more than 14 days in total may be for the purposes of—

(a) the holding of a market;

(b) motor car and motorcycle racing including trials of speed, and practising for these activities,

and the provision on the land of any moveable structure for the purposes of the permitted use.

Development not permitted

B.1 Development is not permitted by Class B if—

(b) the land in question is a building or is within the curtilage of a building;

(c) the use of the land is for a caravan site;

(d) the land is, or is within, a site of special scientific interest and the use of the land is for—
(i) motor car and motorcycle racing including trials of speed or other motor sports, and practising for these activities;
(ii) clay pigeon shooting; or
(iii) any war game, or

(e) the use of the land is for the display of an advertisement.

 

Page Updated:  8th November 2020

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