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Class K – Development by an air traffic services licence holder in an emergency
Class K is an emergency permitted development right for an air traffic services licence holder. It allows land to be used temporarily to station moveable apparatus where existing apparatus has become unserviceable.
The temporary nature of the right is crucial. Class K is designed to keep air traffic services functioning while replacement or repair arrangements are made, not to create a permanent new installation by default.
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What does Class K allow?
The land may be used by or on behalf of the licence holder to station and operate moveable apparatus that replaces apparatus which has become unserviceable.
The statutory condition requires the use to cease, the apparatus to be removed and the land to be restored within the specified six-month period, unless a different condition has been agreed in writing with the local planning authority.
Anyone relying on Class K should record the date the emergency use begins and the restoration obligation rather than treating temporary equipment as automatically permanent.
Legislation
Class K – development by an air traffic services licence holder in an emergency
Permitted development
K. The use of land by or on behalf of an air traffic services licence holder in an emergency to station moveable apparatus replacing unserviceable apparatus.
Condition
K.1 Development is permitted by Class K subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use ceases, and any apparatus is removed, and the land is restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer.
Air traffic in an emergency Page Updated: 8th August 2023
Current legislation: Part 8 of Schedule 2 on legislation.gov.uk
Emergency air traffic services Page Updated: 23rd September 2026