2014 Rhif 592 (Cy. 69) 

CYNLLUNIO GWLAD A THREF, CYMRU

Gorchymyn Cynllunio Gwlad a Thref (Datblygu Cyffredinol a Ganiateir) (Diwygio) (Cymru) 2014

NODYN ESBONIADOL

(Nid yw’r nodyn hwn yn rhan o'r Gorchymyn)

Mae'r Gorchymyn hwn yn diwygio Gorchymyn Cynllunio Gwlad a Thref (Datblygu Cyffredinol a Ganiateir) 1995 (“Gorchymyn 1995”) mewn perthynas â Chymru. Mae erthygl 3 ac Atodlen 2 i Orchymyn 1995 yn rhoi hawliau datblygu a ganiateir mewn perthynas â datblygu penodol. Pan fo'r cyfryw hawliau yn gymwys, nid yw cais penodol am ganiatâd cynllunio yn ofynnol.

Mae erthygl 2(2) o'r Gorchymyn hwn yn diwygio Rhan 3 (newidiadau mewn defnydd) o Atodlen 2 i Orchymyn 1995. Pan fo newid i ddefnydd neu oddi wrth ddefnydd sy'n dod o fewn Dosbarth B8 (storio neu ddosbarthu) yn yr Atodlen i Orchymyn Cynllunio Gwlad a Thref (Dosbarthiadau Defnydd) 1987 bydd cynnydd yn y trothwy sy'n gymwys o 235 o fetrau sgwâr i 500 metr sgwâr.

Mae erthygl 2(3) o'r Gorchymyn hwn yn rhoi Rhan 8 newydd (datblygu diwydiannol a warysau) yn lle Rhan 8 o Atodlen 2 i Orchymyn 1995. Mae'n estyn rhai o'r hawliau datblygu a ganiatawyd yn flaenorol ar gyfer adeiladau diwydiannol a warysau i ddefnyddiau ymchwil a datblygu ac, yn ddarostyngedig i gyfyngiadau penodol, yn caniatáu adeiladau newydd. Mae Dosbarth C o'r Rhan 8 newydd yn diwygio'r hawliau datblygu a ganiateir ar gyfer darparu, ac amnewid yn rhannol neu yn llwyr, arwynebau caled o fewn cwrtil adeilad diwydiannol. Mae Dosbarth E hefyd yn rhoi hawliau datblygu a ganiateir newydd ar gyfer storfeydd sbwriel a beiciau o fewn cwrtil adeilad diwydiannol neu warws.

Mae erthygl 2(4) o'r Gorchymyn hwn yn rhoi Rhan 32 newydd (ysgolion, colegau, prifysgolion ac ysbytai) yn lle Rhan 32 o Atodlen 2 i Orchymyn 1995. Mae'n estyn yr hawliau datblygu a ganiateir yn Nosbarth A ar gyfer ysgolion, colegau, prifysgolion ac ysbytai ac yn caniatáu estyniadau ac addasiadau i sefydliadau o'r fath, yn ddarostyngedig i gyfyngiadau penodol. Mae Dosbarth B newydd yn rhoi hawliau datblygu a ganiatier newydd ar gyfer storfeydd sbwriel a beiciau o fewn cwrtil ysgolion, colegau, prifysgolion ac ysbytai.

Mae erthygl 2(5) o'r Gorchymyn hwn yn mewnosod dwy Ran newydd yn Atodlen 2 i Orchymyn 1995 –Rhan 41 (adeiladau swyddfa) a Rhan 42 (siopau, sefydliadau gwasanaethau ariannol neu broffesiynol). Mae  Dosbarth A o Ran 41 yn rhoi hawliau datblygu a ganiateir i estyn neu addasu adeiladau swyddfa, yn ddarostyngedig i gyfyngiadau penodol. Mae Dosbarth B yn rhoi hawliau datblygu a ganiatier ar gyfer storfeydd sbwriel a beiciau o fewn cwrtil adeilad swyddfa. Mae Dosbarth A o Ran 42 yn rhoi hawliau datblygu a ganiateir i estyn neu addasu siopau a sefydliadau gwasanaethau ariannol neu broffesiynol, yn ddarostyngedig i gyfyngiadau penodol. Mae Dosbarth B yn rhoi hawliau datblygu a ganiateir i adeiladau a chlostiroedd ar gyfer storio trolïau siopa o fewn cwrtil siop, yn ddarostyngedig i gyfyngiadau penodol. Mae Dosbarth C yn rhoi hawliau datblygu a ganiatier ar gyfer storfeydd sbwriel a beiciau o fewn cwrtil siop neu sefydliad gwasanaethau ariannol neu broffesiynnol.

Mae asesiad effaith wedi ei baratoi mewn perthynas â'r Gorchymyn hwn. Mae copïau ar gael oddi wrth: Yr Is-adran Gynllunio, Llywodraeth Cymru, Parc Cathays, Caerdydd CF10 3NQ.

2014 Rhif 592 (Cy. 69) 

CYNLLUNIO GWLAD A THREF, CYMRU

Gorchymyn Cynllunio Gwlad a Thref (Datblygu Cyffredinol a Ganiateir) (Diwygio) (Cymru) 2014

Gwnaed                              11 Mawrth  2014

Gosodwyd gerbron Cynulliad Cenedlaethol Cymru      

                                           13 Mawrth 2014

Yn dod i rym                           28 Ebrill 2014

Mae Gweinidogion Cymru, drwy arfer y pwerau a roddwyd i'r Ysgrifennydd Gwladol gan adrannau 59, 60, 61 a 333(7) o Ddeddf Cynllunio Gwlad a Thref 1990([1]) ac sydd bellach yn arferadwy ganddynt hwy([2]), yn gwneud y Gorchymyn a ganlyn:

Enwi, cychwyn, dehongli a chymhwyso

1.—(1)(1) Enw'r Gorchymyn hwn yw Gorchymyn Cynllunio Gwlad a Thref (Datblygu Cyffredinol a Ganiateir) (Diwygio) (Cymru) 2014 a daw i rym ar 28 Ebrill 2014.

(2) Yn y Gorchymyn hwn ystyr “Gorchymyn 1995” (“the 1995 Order”) yw Gorchymyn Cynllunio Gwlad a Thref (Datblygu Cyffredinol a Ganiateir) 1995([3]).

(3) Mae'r Gorchymyn hwn yn gymwys o ran Cymru.

Diwygio Gorchymyn Cynllunio Gwlad a Thref  (Datblygu Cyffredinol a Ganiateir) 1995

2.—(1)(1) Mae Gorchymyn 1995 wedi ei ddiwygio yn unol â'r erthygl hon.

(2) Yn Rhan 3 (newidiadau mewn defnydd) o Atodlen 2, ym mharagraff B.1 o Ddosbarth B yn lle “235” rhodder “500”.

(3) Yn lle Rhan 8 o Atodlen 2 rhodder—

“PART 8

INDUSTRIAL AND WAREHOUSE DEVELOPMENT

Class A

Permitted development

A. The erection, extension or alteration of an industrial building or a warehouse.

Development not permitted

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

(a)   the height of any part of the new building erected would exceed—

                       (i)  if within 10 metres of a boundary of the curtilage of the premises, 5 metres;

                      (ii)  in all other cases, the height of the highest building within the curtilage of the premises or 15 metres, whichever is lower;

(b)  the height of the building as extended or altered would exceed—

                       (i)  if within 10 metres of a boundary of the curtilage of the premises, 5 metres;

                      (ii)  in all other cases, the height of the building being extended or altered;

(c)   any part of the development, would be within 5 metres of any boundary of the curtilage of the premises;

(d)  the gross floor space of any new building erected would exceed 100 square metres;

(e)   the gross floor space of the original building would be exceeded by more than—

                       (i)  10% in respect of development on any article 1(5) land or within a World Heritage Site, or 25% in any other case; or

                      (ii)  500 square metres in respect of development on any article 1(5) land or within a World Heritage Site, or 1,000 square metres in any other case;

whichever is the lesser;

(f)   the development would lead to a  reduction in the space available for the parking or turning of vehicles; or

(g)  the development would be within the curtilage of a listed building.

Conditions

A.2 Development is permitted by Class A subject to the following conditions—

(a)   the development must be within the curtilage of an existing industrial building or warehouse;

(b)  any building as erected, extended or altered may only be used—

                       (i)  in the case of an industrial building, for the carrying out of an industrial process for the purposes of the undertaking, for research and development of products or processes, or the provision of employee facilities ancillary to the undertaking;

                      (ii)  in the case of a warehouse, for storage or distribution for the purposes of the undertaking or the provision of employee facilities ancillary to the undertaking;

(c)   no building as erected, extended or altered may be used to provide employee facilities—

                       (i)  between 7.00 pm and 6.30 am, for employees other than those present at the premises of the undertaking for the purpose of their employment, or

                      (ii)  at all, if a notifiable quantity of a hazardous substance([4]) is present at the premises of the undertaking;

(d)  any new building erected must, in the case of article 1(5) land or land within a World Heritage Site, be constructed using materials which have a similar external appearance to those used for the existing industrial building or warehouse; and

(e)   any extension or alteration must, in the case of article 1(5) land or land within a World Heritage Site, be constructed using materials which have a similar external appearance to those used for the building being extended or altered.

Interpretation of Class A

A.3 For the purposes of Class A—

(a)   where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement;

(b)  “original building” does not include any building erected at any time under Class A; and

(c)   “employee facilities” means social, care or recreational facilities provided for employees of the undertaking, including crèche facilities provided for the children of such employees.

 

Class B

Permitted development

B. Development carried out on industrial land for the purposes of an industrial process consisting of—

(a)  the installation of additional or replacement plant or machinery,

(b)  the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus, or

(c)   the provision, rearrangement or replacement of a private way, private railway, siding or conveyor.

Development not permitted

B.1 Development described in Class B(a) is not permitted if—

(a)   it would materially affect the external appearance of the premises of the undertaking concerned; or

(b)  any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.

Interpretation of Class B

B.2 In Class B, “industrial land” means land used for the carrying out of an industrial process, including land used for the purposes of an industrial undertaking as a dock, harbour or quay but does not include land in or adjacent to and occupied together with a mine.

 

Class C

Permitted development

C. Development consisting of—

(a)  the provision of a hard surface within the curtilage of an industrial building or warehouse to be used for the purpose of the undertaking concerned; or

(b)  the replacement in whole or in part of such a surface.

Development not permitted

C.1 Development is not permitted by Class C if the development would be within the curtilage of a listed building.

Conditions

C.2 Development is permitted by Class C subject to the condition that the hard surface must be—

(a)   porous or permeable; or

(b)  provided to direct run-off water from the hard surface to a porous or permeable area or surface within the curtilage of the industrial building or warehouse; and

(c)   permanently maintained so that it continues to comply with the requirements of paragraph (a) and (b).

 

Class D

Permitted development

D. The deposit of waste material resulting from an industrial process on any land comprised in a site which was used for that purpose on 1st July 1948 whether or not the superficial area or the height of the deposit is extended as a result

Development not permitted

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

(a)   the waste material is or includes material resulting from the winning and working of minerals; or

(b)  the use on 1 July 1948 was for the deposit of material resulting from the winning and working of minerals.

 

Class E

Permitted development

E. The erection or construction of a refuse or cycle store within the curtilage of an industrial building or warehouse.

Development not permitted

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

(a) the gross floor space of the building or enclosure would exceed 20 square metres;

(b) any part of the building or enclosure erected would be within;

                       (i)  5 metres of any boundary of the curtilage of the premises; or

                      (ii)  20 metres of any building used for residential purposes;

(c)   the height of the building or enclosure would exceed 2.5 metres;

(d)  the development would be on article 1(5) land;

(e)   the development would be on land within a World Heritage Site;

(f)   the development would be within the curtilage of a listed building; or

(g)  the development would lead to a  reduction in the space available for the parking and turning of vehicles.

Condition

E.2 Development is permitted by Class E subject to the condition that the building or enclosure is only used for the storage of refuse or bicycles.

Interpretation of Class E

E.3 For the purposes of Class E—

“cycle store” means a building or enclosure designed to be used for the storage of bicycles;

“refuse store” means a building or enclosure designed to be used for the storage of refuse which may include recycling; and

“residential purposes” means a building used for any purpose within Part C of the Schedule to the Use Classes Order, as a hostel or as a flat and includes buildings used in part for residential purposes and in part for other purposes.

Interpretation of Part 8

F. For the purposes of Part 8—

“industrial building” means a building used for the carrying out of an industrial process and includes a building used for the carrying out of such a process on land used as a dock, harbour or quay for the purposes of an industrial undertaking and land used for research and development of products or processes, but does not include a building on land in or adjacent to and occupied together with a mine; and

“warehouse” means a building used for any purpose within Class B8 (storage or distribution) of the Schedule to the Use Classes Order but does not include a building on land in or adjacent to and occupied together with a mine.”

(4) Yn lle Rhan 32 o Atodlen 2 rhodder—

“PART 32

SCHOOLS, COLLEGES, UNIVERSITIES AND HOSPITALS

Class A

Permitted development

A. The erection, extension or alteration of a school, college, university or hospital building.

Development not permitted

A.1 Development is not permitted by Class A—

(a)   if the cumulative gross floor space of any buildings erected, extended or altered would exceed—

                       (i)  25% of the gross floor space of the original school, college, university or hospital buildings; or

                      (ii)  100 square metres,

whichever is the lesser;

(b)  if any part of the development would be within 5 metres of a boundary of the curtilage of the premises;

(c)   if, as a result of the development, any land used as a playing field at any time in the 5 years before the development commenced and remaining in this use could no longer be so used;

(d)  if the height of any new building erected would exceed 5 metres;

(e)   if the height of the building as extended or altered would exceed—

                       (i)  if within 10 metres of a boundary of the curtilage of the premises, 5 metres; or

                      (ii)  in all other cases, the height of the building being extended or altered;

(f)   if the development would be within the curtilage of a listed building;

(g)  the development would lead to a reduction in the space available for the parking or turning of vehicles; or

(h)  unless—

                       (i)  in the case of school, college or university buildings, the predominant use of the existing buildings on the premises is for the provision of education; or

                      (ii)  in the case of hospital buildings, the predominant use of the existing buildings on the premises is for the provision of any medical or health services.

Conditions

A.2 Development is permitted by Class A subject to the following conditions—

(a)   the development must be within the curtilage of an existing school, college, university or hospital;

(b)  the development may only be used as part of, or for a purpose incidental to, the use of that school, college, university or hospital;

(c)   any new building erected must, in the case of article 1(5) land or land within a World Heritage Site, be constructed using materials which have a similar external appearance to those used for the original school, college, university or hospital buildings; and

(d)  any extension or alteration must, in the case of article 1(5) land or land within a World Heritage Site be constructed using materials which have a similar external appearance to those used for the building being extended or altered.

Interpretation

A.3 For the purposes of Class A—

(a)   where two or more original buildings are within the same curtilage and are used for the same institution, they are to be treated as a single original building in making any measurement; and

(b)  “original school, college, university or hospital building” means any original building which is a school, college, university or hospital building, as the case may be, other than any building erected at any time under Class A.

 

Class B

Permitted Development

B. The erection or construction of a refuse or cycle store within the curtilage of a school, college, university or hospital building.

Development not permitted

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

(a)   the gross floor space of the building or enclosure would exceed 20 square metres;

(b)  any part of the building or enclosure erected would be within;

                       (i)  5 metres of any boundary of the curtilage of the premises; or

                      (ii)  20 metres of any building used for residential purposes;

(c)   the height of the building or enclosure would exceed 2.5 metres;

(d)  the development would be on article 1(5) land;

(e)   the development would be on land within a World Heritage Site;

(f)   the development would be within the curtilage of a listed building; or

(g)  the development would lead to a reduction in the space available for the parking and turning of vehicles.

Condition

B.2 Development is permitted by Class B subject to the condition that the building or enclosure is only used for the storage of refuse or bicycles.

Interpretation of Class B

B.3 For the purposes of Class B—

“cycle store” means a building or enclosure designed to be used for the storage of bicycles;

“refuse store” means a building or enclosure designed to be used for the storage of refuse which may include recycling; and

“residential purposes” means a building used for any purpose within Part C of the Schedule to the Use Classes Order, as a hostel or as a flat and includes buildings used in part for residential purposes and in part for other purposes.”

(5) Yn Atodlen 2, ar ôl Rhan 40 mewnosoder—

“PART 41

OFFICE BUILDINGS

Class A

Permitted development

A. The extension or alteration of an office building.

Development not permitted

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

(a)   the gross floor space of the original building would be exceeded by more than—

                       (i)  25%; or

                      (ii)  50 square metres,

whichever is the lesser;

(b)  the height of the building as extended would exceed—

                       (i)  if within 10 metres of a boundary of the curtilage of the premises, 5 metres; or

                      (ii)  in all other cases, the height of the building being extended;

(c)   any part of the development would be within 5 metres of any boundary of the curtilage of the premises;

(d)  the development would be on article 1(5) land;

(e)   the development would be on land within a World Heritage Site;

(f)   the development would be within the curtilage of a listed building; or

(g)  the development would lead to a  reduction in the space available for the parking or turning of vehicles.

Conditions

A.2Development is permitted by Class A subject to the following conditions—

(a)   any office building as extended or altered may only be used as part of, or for a purpose incidental to, the use of that office building;

(b)  any office building as extended or altered must be constructed using materials which have a similar external appearance to those used for the building being extended or altered; and

(c)   any alteration is at ground floor level only.

Interpretation of Class A

A.3For the purposes of Class A, where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement.

 

Class B

Permitted Development

B. The erection or construction of a refuse or cycle store within the curtilage of an office building.

Development not permitted

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

(a)   the gross floor space of the building or enclosure would exceed 20 square metres;

(b)  any part of the building or enclosure erected would be within;

                       (i)  5 metres of any boundary of the curtilage of the premises; or

                      (ii)  20 metres of any building used for residential purposes;

(c)   the height of the building or enclosure would exceed 2.5 metres;

(d)  the development would be on article 1(5) land;

(e)   the development would be on land within a World Heritage Site;

(f)   the development would be within the curtilage of a listed building; or

(g)  the development would lead to a reduction in the space available for the parking and turning of vehicles.

 

Condition

B.2 Development is permitted by Class B subject to the condition that the building or enclosure is only used for the storage of refuse or bicycles.

Interpretation of Class B

B.3 For the purposes of Class B—

“cycle store” means a building or enclosure designed to be used for the storage of bicycles;

“refuse store” means a building or enclosure designed to be used for the storage of refuse which may include recycling; and

“residential purposes” means a building used for any purpose within Part C of the Schedule to the Use Classes Order, as a hostel or as a flat and includes buildings used in part for residential purposes and in part for other purposes.

Interpretation of Part 41

C. For the purposes of Part 41 “office building” means a building used for any purpose within Class B1(a) of the Schedule to the Use Classes Order.

PART 42

SHOPS, FINANCIAL OR PROFESSIONAL SERVICES ESTABLISHMENTS

Class A

Permitted development

A. The extension or alteration of a shop or financial or professional services establishment.

Development not permitted

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

(a)   the gross floor space of the original building would be exceeded by more than—

                       (i)  25%; or

                      (ii)  50 square metres;

whichever is the lesser.

(b)  the height of the building as extended would exceed 4 metres;

(c)   any part of the development, other than an alteration, would be within 2 metres of any boundary of the curtilage of the premises;

(d)  the development would be within the curtilage of a listed building;

(e)   the development would be on article 1(5) land;

(f)   the development would be on land within a World Heritage Site;

(g)  the development would consist of or include the construction or provision of a veranda, balcony or raised platform;

(h)  any part of the development would extend beyond an existing shop front;

(i)   the development would involve the insertion or creation of a new shop front or the alteration or replacement of an existing shop front;

(j)   the development would involve the installation or replacement of a security grill or shutter on a shop front; or

(k)  the development would lead to a reduction in the space available for the parking or turning of vehicles.

Conditions

A.2Development is permitted by Class A subject to the following conditions—

(a)   any alteration is at ground floor level only; and

(b)  any extension or alteration may only be used as part of, or for a purpose incidental to, the use of the shop or financial or professional services establishment.

Interpretation of Class A

A.3For the purposes of Class A—

(a)   where two or more original buildings are within the same curtilage and are used for the same undertaking, they are to be treated as a single original building in making any measurement;

(b)  “raised platform” means a platform with a height greater than 30 centimetres; and

(c)   “shop or financial or professional services establishment” means a building used for any purpose within Classes A1 or A2 of the Schedule to the Use Classes Order and includes buildings with other uses in other parts as long as the other uses are not within the parts being altered or extended.

Class B

Permitted development

B. The erection or construction of a trolley store within the curtilage of a shop.

Development not permitted

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

(a)   the gross floor space of the building or enclosure erected would exceed 20 square metres;

(b)  any part of the building or enclosure erected would be within 20 metres of any building used for residential purposes;

(c)   the height of the building or enclosure would exceed 2.5 metres;

(d)  the development would be within the curtilage of a listed building;

(e)   the development would be on article 1(5) land;

(f)   the development would be on land within a World Heritage Site;

(g)  the development would be within 5 metres of the boundary of the curtilage of the premises; or

(h)  the development would lead to a reduction in the space available for the parking or turning of vehicles.

Condition

B.2Development is permitted by Class B subject to the condition that the building or enclosure is only used for the storage of shopping trolleys.

Interpretation of Class B

B.3 For the purposes of Class B—

“residential purposes” means a building used for any purpose within Part C of the Schedule to the Use Classes Order, as a hostel or as a flat and includes buildings used in part for residential purposes and in part for other purposes;

“shop” means a building used for any purpose within Class A1 of the Schedule to the Use Classes Order; and

“trolley store” means a building or enclosure designed to be used for the storage of shopping trolleys.

 

Class C

Permitted Development

C. The erection or construction of a refuse or cycle store within the curtilage of a shop or financial or professional services establishment.

Development not permitted

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

(a)   the gross floor space of the building or enclosure would exceed 20 square metres;

(b)  any part of the building or enclosure erected would be within;

                       (i)  5 metres of the boundary of the curtilage of the premises; or

                      (ii)  20 metres of any building used for residential purposes;

(c)   the height of the building or enclosure would exceed 2.5 metres;

(d)  the development would be on article 1(5) land;

(e)   the development would be on land within a World Heritage Site;

(f)   the development would be within the curtilage of a listed building; or

(g)  the development would lead to a reduction in the space available for the parking and turning of vehicles.

Condition

C.2 Development is permitted by Class C subject to the condition that the building or enclosure is only used for the storage of refuse or bicycles.

Interpretation of Class C

C.3 For the purposes of Class C—

“cycle store” means a building or enclosure designed to be used for the storage of bicycles;

“refuse store” means a building or enclosure designed to be used for the storage of refuse which may include recycling;

“residential purposes” means a building used for any purpose within Part C of the Schedule to the Use Classes Order, as a hostel or as a flat and includes buildings used in part for residential purposes and in part for other purposes; and

“shop or financial or professional services establishment” means a building used for any purpose within Classes A1 or A2 to the Schedule to the Use Classes Order.”

 

 

 

Carl Sargeant

 

Y Gweinidog Tai ac Adfywio, un o Weinidogion Cymru

 

11 Mawrth 2014