Commercial Conference

Class B – 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. 

These days do not need to be consecutive and can be spread out over the year as required. However, you must remove items such as portable toilets between uses, as the temporary use of land must be returned to its former state between each visit.

As from 26th July 2024 you can’t use the land for camping under Class B unless it is being used in connection with a festival. However a new permitted development right has been introduced Class BC for temporary recreational campsites. Until 26/7/24 you may use either Class B or Class BC for a campsite.

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

temporary use of land

 

Note that any permitted development right might be affected by its effect on a European conservation area. This is defined under regulations 75 to 78 of the Conservation of Habitats and Species Regulations 2017.  This includes SPA, SAC, RAMSAR locations. These will need to be approved by the local planning authority or LPA even if granted normally under the GPDO.

As a result areas in Nutrient Neutrality catchment areas might be prevented from permitted development rights for overnight accomodation.  This might affect camping in Class BC and/or camping for festivals under Class B of Part 4

 

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 (although certain rights do exist under Class A of Part 5) and if you are within a SSSI then you can’t hold 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 the siting of any caravan except a caravan which—
(i) is a motor vehicle designed or adapted for human habitation; and
(ii) is sited on the land in connection with a festival; 

(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;

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

(f) the use of land is for camping, except when in connection with a festival.

 

Transitional provision

In the Statutory Instrument No. 747 from 2023, Article 8 states:

8.  Class B of Part 4 of Schedule 2 of the GPDO has effect until the end of 25th July 2024 as if the amendments in article 3(2) had not been made.

Therefore until 25th July 2024 you may use either Class B or Class BC if either apply or you can use both.

 

Page Updated:  10th January 2024

<