Statutory Instrument 1988 No. 1272

The Town and Country Planning General Development (Amendment) Order 1988

---

© Crown Copyright 1988

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Town and Country Planning General Development (Amendment) Order 1988, ISBN 011087272X. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1988 No. 1272

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning General Development (Amendment) Order 1988

The Secretary of State for the Environment as respects England, and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred on them by sections 24, 31 and 287(3) of the Town and Country Planning Act 1971^[1], and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement
    1.    This Order may be cited as the Town and Country Planning General Development (Amendment) Order 1988 and shall come into force on 18th August 1988.

Amendment of the General Development Order
    2.    The Town and Country Planning General Development Order 1977^[2] shall be amended by substituting, for article 10(2), the following—
"  (2)  Without prejudice to the generality of paragraph (1), the Secretary of State may in particular give directions—
(a) that particular proposed development of a description set out in Schedule 1 or Schedule 2 to the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 is exempted from the application of those Regulations;

(b) as to whether particular proposed development is or is not development in respect of which those Regulations require the consideration of environ-mental information (defined in those Regulations) before planning permission can be granted; or

(c) that development of any class described in the direction is development in respect of which those Regulations require the consideration of such information before such permission can be granted.


    (3)  A local planning authority shall deal with applications for planning permission for development to which a direction given under this article applies in such manner as to give effect to the direction." .

Nicholas Ridley

Secretary of State for the Environment

19th July 1988

Peter Walker

Secretary of State for Wales

21st July 1988

This Order is linked with the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 ("the 1988 Regulations"), which are concerned with the implementation in England and Wales of the provisions of Council Directive 85/337/EEC (OJ No. L175, 5.7.85, p.40) on the assessment of the effects of certain public and private projects on the environment.

The Order amends the Town and Country Planning General Development Order 1977 to enable the Secretary of State to direct that development of a description set out in Schedule 1 or 2 to the 1988 Regulations is exempt development to which those Regulations do not apply; that particular proposed development is, or is not, development in respect of which the consideration of environmental information is required by those Regulations before planning permission can be granted; and that development of any class is development in respect of which the consideration of such information is so required.

Regulation 2 of the 1988 Regulations defines "environmental information" to include a statement by the person seeking planning permission (conforming with Schedule 3 to those Regulations) of the likely significant environmental effects of the proposed development and representations made by bodies consulted and others.

[1] 1971 c. 78; section 31 was extended by regulation 3 of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (S.I. 1988/1199). back

[2] S.I. 1977/289, to which there are amendments not relevant to this Order. back