Westminster Policy News & Legislative Analysis

Reverse vending machines permitted under new GPDO Class CA

The Government has made the Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2026 (S.I. 2026/313). The instrument was made on 17 March 2026, laid before Parliament on 19 March 2026, and comes into force on 9 April 2026. It is issued free of charge to known recipients of S.I. 2015/595 and S.I. 2015/596 and extends to England and Wales, with application to England.

The Order updates the 2015 General Permitted Development Order (GPDO) and the 2015 Development Management Procedure Order (DMPO). It introduces a new permitted development right for reverse vending machines (RVMs), aligns statutory references to the December 2024 National Planning Policy Framework (NPPF), clarifies height limits for rooftop structures under Class M, and corrects cross‑references in both the GPDO and DMPO.

A new Class CA is inserted into Part 7 of Schedule 2 to the GPDO to permit the installation, alteration or replacement of a reverse vending machine either within the curtilage of a shop or in a wall of a shop. The Order also amends GPDO article 4 so that Class CA is outside the scope of Article 4 directions, meaning neither the Secretary of State nor local planning authorities can withdraw this right for specified areas.

Class CA is subject to tight physical parameters. Development is not permitted if the RVM would exceed 80 square metres of gross floor space or 4 metres in height, or if a wall‑mounted unit would project 2 metres or more beyond the outer surface of the wall. No part of an RVM may face onto and be within 5 metres of a highway, and no part may be within 15 metres of the boundary of the curtilage of land in residential use where land adjacent to the shop is in Use Class C.

Location‑based exclusions apply. Class CA cannot be used on article 2(3) land, within a site of special scientific interest, within the curtilage of a listed building, or on a scheduled monument site. Operators should therefore assume that designated heritage and protected sites remain out of scope notwithstanding the Article 4 ring‑fence for this class.

A reinstatement condition applies where an RVM ceases operation. The machine and any associated structure must be removed as soon as reasonably practicable, and the land (including any wall) must be reinstated to its previous condition so far as reasonably practicable. This mirrors standard GPDO practice for time‑limited or operational plant and is designed to avoid long‑term blight if equipment is decommissioned.

For interpretation, the Order imports definitions from related regimes. A “deposit item” has the meaning given in regulation 4 of the Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 (S.I. 2025/67). A “shop” means a building in Use Class E(a) (display or retail sale of goods other than hot food) under the Use Classes Order. Taken together, this confines the right to conventional retail premises and standard deposit‑return containers.

Beyond Class CA, Part 7 Class M is amended. The previous paragraph M.1(da) is omitted and a new limitation confirms that development is not permitted if the height of any rooftop structure would exceed 1.5 metres above the height of the new, extended or altered building, as relevant. For estate, prison, education and health projects using Class M, rooftop plant screens, lift overruns and similar structures now have a hard 1.5‑metre cap under permitted development.

The Order also updates GPDO terminology for the National Planning Policy Framework. A definition of “National Planning Policy Framework” is inserted into article 2(1) to refer to the version issued by the Ministry of Housing, Communities and Local Government in December 2024. Consequential amendments remove earlier references to “issued … in July 2021” across multiple Parts and Classes so that all GPDO cross‑references align to the current NPPF edition.

Two technical corrections address cross‑referencing. In Part 3 Class S (change of use from agricultural buildings to specified education uses), paragraph S.1(e)(ii) is corrected so that references to “Class Q” are replaced with “Class S”. Separately, in the DMPO 2015 article 22(1)(f), the reference to “paragraph A.3(5)(a)” is corrected to “paragraph A.3(6)(a) and (ab)”, ensuring the duty to respond to consultation is tied to the correct prior approval provisions for Class A of Part 1.

For retailers preparing for the deposit return scheme, Class CA enables roll‑out of compliant RVMs without express planning permission where the dimensional, proximity and designation limits are met. However, the residential offset, highway setback and protected site exclusions will constrain options in high‑street and heritage locations. Early site surveys, elevation checks for wall‑mounted units, and confirmation of Use Class E(a) status are advisable before procurement.

For public bodies, the immediate tasks are administrative. From 9 April 2026, validation guides, Article 4 direction guidance notes, and planning enforcement FAQs should reflect that Class CA cannot be withdrawn by direction and that rooftop structures under Class M must observe the 1.5‑metre threshold. Development management teams should also note the updated NPPF references when interpreting conditions or limitations that rely on national policy definitions.

Overall, the 2026 Order is a housekeeping and enablement measure: it creates a targeted, nationally consistent right to support deposit‑return infrastructure; standardises NPPF references to the December 2024 text; tightens Class M height clarity; and removes minor drafting errors that could otherwise frustrate implementation. The commencement date of 9 April 2026 provides a short lead‑in for councils and operators to adjust processes and designs.