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Town and Country Planning (Permitted Development and Change of Use) (Amendment) Order 2020  – Class 23A Air source heat pumps

As amended by the Town and Country Planning (Permitted Development and Change of Use) (Amendment) Order 2020 – Schedule 1 Article 4, and the Town and Country Planning (Permitted Development) (Amendment) Order 2021 Article 5(4)

The installation, alteration or replacement of an air source heat pump and any associated underground pipework within the curtilage of a dwellinghouse.

Conditions:

(a) the general conditions applicable to Section A;

Section A —General Conditions as amended

(1) No part of the development may be constructed within 9 metres (measured at ground level) of the route of any overhead electrical line carrying 11kv or more (High Tension power cable);

(2) No part of the development may be constructed within 9.1 metres of the bank of any designated watercourse under the Flood Risk Management Act 2013 (FRM);

Also included from Schedule 4 of the Order

(2A) The operations specified must not be constructed (including any foundations) so as to involve the felling, lopping or limbing of any tree (other than a tree referred to in section 3(3) of the Tree Preservation Act 1993).

(2AB) The following Schedule 1 operations must not be situated closer to a tree (other than referred to in section 3(3) of the Tree Preservation Act 1993) than the required distance (g) Class 23A Air Source Heat Pumps

(2B) for the purpose of paragraph (2AB) the “required distance” is

(a) for a tree with a single stem, 12 times the tree’s stem diameter; or

(b) for a tree with more than one stem, 12 times — (stem diameter 1)2 + (stem diameter 2)… + (stem diameter 5)2, where the stem diameter is measured 1.5 metres above ground level.

(b)     no part of the pump may be nearer than 1 metre to the boundary of the curtilage of the dwellinghouse;

(c)       no part of the pump may be nearer to any highway which bounds the curtilage of the dwellinghouse than the nearer of —

(i) that part of the dwellinghouse nearest to that highway; or

(ii) 20 metres;

(d)    no part of the pump may be installed on any part of a wall that fronts a highway;

(e)    only one pump may be installed on a property — additional pumps at the same property require an application for planning approval;

(f)    the volume of the pump’s outdoor compressor unit (including housing) must not exceed 1 cubic metre;

(g)    the pump must not result in a noise that exceeds 42 dB LAeq 5 mins;

(h)    the pump’s specification must be displayed externally on the pump’s outdoor compressor unit;

(i)    the lowest part of the pump’s outdoor compressor unit must not be more than 1 metre above ground level;

(j)    the pump must be used only for heating purposes;

(k)    the pump must be removed as soon as practicable after it is no longer required for heating purposes; and

(l)    the pump must be installed, operated and maintained in accordance with the manufacturer’s specification.

For the purposes of paragraph (g) —

(a) “LAeq 5 mins” means the A-weighted equivalent continuous sound pressure level over 5 minutes when measured at 1 metre external to the centre point of any relevant door or window to any neighbouring building as measured perpendicular to the plane of that relevant door or window;

(b) “neighbouring building” means a building that is used —

(i) For a purpose that falls within Part 3 of the Schedule to the Use Classes Order; or

(ii) that is used —

(A) as a residential school;

(B) as a hostel; or

(C) as secure residential accommodation,

as defined by the Use Classes Order;

(c) “relevant door or window” means a door or window other than a door or window to a garage, greenhouse, poly tunnel, shed or summerhouse; and

(d) “Use Classes Order” means the Town and Country Planning (Use Classes) Order 2019.

For the purposes of paragraph (i), ‘ground level’ means the level of ground measured directly adjacent to the the pumps outdoor compressor unit and, where the ground is sloping, it is the highest part of the ground next to the unit.