SL(6)801 – The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2026

Background and Purpose

The Town and Country Planning (General Permitted Development) Order 1995 (the “GPDO”), as amended, allows some development to be undertaken, within certain parameters, without the need to submit a planning application. This is known as “permitted development”.

The GPDO currently makes provision for permitted development for the installation of an air source heat pump (“ASHP”) and the temporary use of land for campsites for 28 days. The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2026 (the “Order”) amends the permitted development for these developments. In particular, the Order:

·         removes the limitation for the installation of an ASHP within 3 metres of a boundary of a property, amongst other changes to permitted development rights for ASHPs, subject to compliance with the Microgeneration Certification Scheme requirements for noise and amenity impact;

·         extends the temporary use of land for campsites from 28 days to 60 days outside of certain designated landscapes, introduces a prior approval process, and restricts development in areas sensitive to increased camping activity.

Procedure

Senedd annulment procedure.

This Order was made by the Welsh Ministers before it was laid before the Senedd. The Senedd can annul the Order within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date it was laid before the Senedd.

Technical Scrutiny

The following point is identified for reporting under Standing Order 21.2 in respect of this instrument.

1.    Standing Order 21.2(vii) – that there appear to be inconsistencies between the meaning of its English and Welsh texts.

There is an inconsistency in the wording of the heading to article 2 of this Order between the English and Welsh texts. From the context, it appears that the Welsh text is correct. 

The English heading states ‘Amendment of Part 4 of Schedule 2 (temporary buildings and uses)’. This heading is also used for article 3. 

Whilst the heading is appropriate for article 3, it appears that the heading to article 2 should mirror the Welsh text and state ‘Amendment of the Town and Country Planning (General Permitted Development)​ Order 1995’, or similar.

Merits Scrutiny  

No points are identified for reporting under Standing Order 21.3 in respect of this instrument.

Welsh Government response

A Welsh Government response is required.

Legal Advisers

Legislation, Justice and Constitution Committee

17 March 2026