Statutory Instrument 1991 No. 2805

The Town and Country Planning General Development (Amendment) (No. 3) Order 1991

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© Crown Copyright 1991

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1991 No. 2805

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning General Development (Amendment) (No. 3) Order 1991

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 59(1) and (2), 60, 61(1), 69, 74 and 333(7) of the Town and Country Planning Act 1990^[1] and all other powers enabling them in that behalf, hereby make the following Order—

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the Town and Country Planning General Development (Amendment) (No. 3) Order 1991 and shall come into force on 2nd January 1992.

    (2)  In this Order "the 1988 Order" means the Town and Country Planning General Development Order 1988^[2].

General provisions relating to applications
    2.    In article 10 of the 1988 Order (general provisions relating to applications)—
 (a) for paragraph (1) substitute—
"  (1)  Any application made under regulation 3 of the 1988 Regulations or article 8 or 9 above, shall be made—
(a) where the application relates to land in Greater London or a metropolitan county, to the local planning authority;

(b) where the application relates to land in neither Greater London nor a metropolitan county and—
(i) that land is in a National Park, or

(ii) the application relates to a county matter,

to the county planning authority;
(c) in any other case, to the district planning authority." ;

 (b) for paragraph (3) substitute—
"  (3)  Where an application is made to a county planning authority in accordance with paragraph (1), that authority shall, as soon as practicable, send a copy of the application and of any accompanying plans and drawings to the district planning authority." ;

 (c) after paragraph (4) insert—
"  (5)  In this article, "county matter" has the meaning given to that expression in paragraph (1) of Schedule 1 to the Town and Country Planning Act 1990." .

Special provisions as to permission for development affecting certain existing and proposed highways
    3.    In article 15 of the 1988 Order (special provisions as to permission for development affecting certain existing and proposed highways)—
 (a) in paragraph (1), for "On receipt of an application" substitute "Where an application is made to a local planning authority" and for the words after subparagraph (b)(iv) substitute "the local planning authority shall notify the Secretary of State by sending him a copy of the application and any accompanying plans and drawings";
 (b) in paragraph (2)(a) delete "relevant";
 (c) delete paragraphs (4) and (5).

Consultations before the grant of permission
    4.    In article 18 of the 1988 Order (consultations before the grant of permissions)—
 (a) for paragraph (h) of the Table in paragraph (1), substitute—
"(h) Development involving—


The local highway authority concerned

(i) the formation, laying out or alteration of any means of access to a highway (other than a trunk road); or




The local highway authority concerned, and in the case of a road subject to a concession, the concessionaire

(ii) the construction of a highway or private means of access to premises affording access to a road in relation to which a toll order is in force" ;

" ;

 (b) for paragraph (t) of the Table in paragraph (1), substitute—

"The Council which gave, or is to be regarded as having given, the notice

(t) Development—
(i) in or likely to affect an area of special scientific interest of which notification has been given, or has effect as if given, to the local planning authority by the Nature Conservancy Council for England or the Countryside Council for Wales, in accordance with section 28 of the Wildlife and Countryside Act 1981^[3]; or

(ii) within an area which has been notified to the local planning authority by the Nature Conservancy Council for England or the Countryside Council for Wales, and which is within two kilometres of an area of special scientific interest of which notification has been given or has effect as if given as aforesaid" ;



 (c) in paragraph (1), add as paragraph (x) of the Table—

"The National Rivers Authority



(x) Development for the purposes of fish farming" ;

 (d) after paragraph (1) insert—

"(1A) In paragraph (1)(h) "concessionaire", "road subject to a concession" and "toll order" have the same meaning as in Part I of the New Roads and Street Works Act 1991^[4]." .

Notice to parish and community councils
    5.    In article 21 of the 1988 Order (notice to parish and community councils)—
 (a) delete paragraphs (1) and (2);
 (b) in paragraph (3), for "Where the council" to "relevant authority" substitute—

"Where the council of a parish or community are given information in relation to an application pursuant to paragraph 8(1) of Schedule 1 to the Town and Country Planning Act 1990, they shall, as soon as practicable, notify the local planning authority who are determining the application" ;

 (c) in paragraph (4), for "to which paragraph (1) applies" substitute "in respect of which a parish or community are required to be given information"

Register of applications
    6.    In article 27 of the 1988 Order (register of applications)—
 (a) in paragraph (1), for the words following "means" substitute—
"(i) in Greater London or a metropolitan county, the local planning authority (and references to the area of the local planning register authority are, in this case, to the area of the local planning authority);

(ii) in relation to land in a National Park (except in a metropolitan county), the county planning authority (and references to the area of the local planning register authority are, in this case, to the area of the county planning authority within a National Park);

(iii) in relation to any other land, the district planning authority (and references to the area of the local planning register authority are, in this case, to the area of the district planning authority, other than any part of their area falling within a National Park)." ;

 (b) after paragraph (1) insert—

"(1A) Each local planning register authority shall keep, in two parts, a register of every application for planning permission relating to their area.




(1B) Part I of the register shall contain a copy of each such application, and a copy of any application for approval of reserved matters made in respect of an outline planning permission granted on such an application, made or sent to the local planning register authority and not finally disposed of, together with any accompanying plans and drawings." ;

 (c) in paragraph (2), for the words preceding paragraph (a) substitute—

"Part II of the register shall contain, in respect of every application for planning permission relating to the local planning register authority's area—" .

Established use certificates
    7.    In article 29 of the 1988 Order (established use certificates)—
 (a) in paragraph (8), for "and (2)" substitute ", (2) and (3)";
 (b) delete paragraph (9).

Temporary buildings and uses
    8.    In Class B of Part 4 of Schedule 2 to the 1988 Order (temporary buildings and uses)—
 (a) at the end of paragraph B.1(a) delete "or";
 (b) after paragraph B.1(b) insert—

, or
"(c) the land is, or is within, an area of special scientific interest and the use of the land is for—
(i) a purpose referred to in paragraph B.2(b) or other motor sports;

(ii) clay pigeon shooting;

(iii) any war game." ;



 (c) at the end of paragraph B.2 (interpretation of Class B) insert—

""War game" means an enacted, mock or imaginary battle conducted with weapons which are designed not to injure (including smoke bombs, or guns or grenades which fire or spray paint or are otherwise used to mark other participants), but excludes military activities or training exercises organised by or with the authority of the Secretary of State for Defence."

Agricultural buildings and operations
    9.    In Schedule 2 of the 1988 Order, for Part 6 there shall be substituted the Part set out in the Schedule hereto.

Forestry buildings and operations
    10.    In Schedule 2 to the 1988 Order, in Part 7—
 (a) in paragraph A.2(1)^[5] insert at the beginning, "Subject to paragraph (3)," and substitute "extension or alteration" for "significant extension or significant alteration";
 (b) add as paragraph A.2(3)—
    "(3)    Paragraph (1) does not preclude the extension or alteration of a building if the building is not on Article 1(6) land except in the case of a significant extension or a significant alteration." .

Amendment of Schedule 3 to the 1988 Order
    11.    In the form set out in Part I of Schedule 3 to the 1988 Order delete from "As this application relates" to "Planning Board* for its decision*".

Savings
    12.    The amendments made to the 1988 Order by articles 2, 3, 4, 5, 7 and 11 of this Order shall not apply in relation to applications made before 2nd January 1992.

Revocations
    13.    Article 2 of the Town and Country Planning General Development (Amendment) (No. 2) Order 1991^[6] is hereby revoked.

Michael Heseltine

Secretary of State for the Environment

11th December 1991

David Hunt

Secretary of State for Wales

11th December 1991

[1] 1990 c. 8; sections 69 and 74 are amended by the Planning and Compensation Act 1991 (c. 34); section 69 by section 32 and Schedule 7, paragraph 13, and section 74 by section 19. back

[2] S.I. 1988/1813; relevant amending instruments are S.I. 1989/603 and 1991/2268. back

[3] 1981 c. 69. back

[4] 1991 c. 22. back

[5] Relevant amendments are made by S.I. 1991/2268, article 3. back

[6] S.I. 1991/2268. back

Explanatory Note