The Town and Country Planning General Development Order 1988

• (b) in any other case, it is land immediately adjoining an active access which, on the date of coming into force of this order, was in use for the purposes of that mine in connection with coal industry activities.

• (2) For the purposes of sub-paragraph (1), land is not to be regarded as in use in connection with coal industry activities if—

• (a) it is used for the permanent deposit of waste derived from the winning and working of minerals; or

• (b) there is on, over or under it a railway, conveyor, aerial ropeway, roadway, overhead power line or pipeline which is not itself surrounded by other land used for those purposes.

PART 21 — WASTE TIPPING AT A MINE

Class A

Permitted development

A

The deposit, on premises used as a mine or on ancillary mining land already used for the purpose, of waste derived from the winning and working of minerals at that mine or from minerals brought to the surface at that mine, or from the treatment or the preparation for sale, consumption or utilization of minerals from the mine.

Development not permitted

A.1

Development is not permitted by Class A if—

• (a) in the case of waste deposited in an excavation, waste would be deposited at a height above the level of the land adjoining the excavation, unless that is provided for in a waste management scheme or a relevant scheme;

• (b) in any other case, the superficial area or height of the deposit (measured as at the date of the making of this order) would be increased by more than 10%, unless such an increase is provided for in a waste management scheme or in a relevant scheme.

Conditions

A.2

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

• (a) except in a case where a relevant scheme or a waste management scheme has already been approved by the mineral planning authority, the developer shall, if the mineral planning authority so require, within three months or such longer period as the authority may specify, submit a waste management scheme for that authority’s approval,

• (b) where a waste management scheme or a relevant scheme has been approved, the depositing of waste and all other activities in relation to that deposit shall be carried out in accordance with the scheme as approved.

Interpretation

A.3

For the purposes of Class A—

• “ancillary mining land” means land adjacent to and occupied together with a mine at which the winning and working of minerals is carried out in pursuance of planning permission granted or deemed to be granted under Part III of the Act;

• “waste management scheme” means a scheme required by the mineral planning authority to be submitted for their approval in accordance with the condition in paragraph A.2(a) which makes provision for— the manner in which the depositing of waste (other than waste deposited on a site for use for filling any mineral excavation in the mine or on ancillary mining land in order to comply with the terms of any planning permission granted on an application or deemed to be granted under Part III of that Act) is to be carried out after the date of the approval of that scheme, where appropriate, the stripping and storage of the subsoil and topsoil, the restoration and aftercare of the site.

Class B

Permitted development

B

The deposit on land comprised in a site used for the deposit of waste materials or refuse on 1st July 1948 of waste resulting from colliery production activities.

Development not permitted

B.1

Development is not permitted by Class B on or after a date 3 months after the coming into force of this order unless—

• (a) it is in accordance with a relevant scheme which has been approved by the mineral planning authority before the date of coming into force of this order; or

• (b) an application for planning permission has been made—

• (i) the development is in terms of the permission sought; and

• (ii) the application has not been determined by the mineral planning authority, or, if an appeal is made, the Secretary of State.

Interpretation of Class B

B.2

For the purposes of Class B—

• “colliery production activities” has the meaning it is given in paragraph 2 of Schedule 1 to the Coal Industry Nationalisation Act 1946[^f00058].

Interpretation of Part 21

C

For the purposes of Part 21—

• “relevant scheme” means a scheme, other than a waste management scheme, requiring approval by the mineral planning authority in accordance with a condition or limitation on any planning permission granted or deemed to be granted under Part III of the Act, for making provision for the manner in which the deposit of waste is to be carried out and for the carrying out of other activities in relation to that deposit.

PART 22 — MINERAL EXPLORATION

Class A

Permitted development

A

Development on any land during a period not exceeding 28 consecutive days consisting of—

• (a) the drilling of boreholes,

• (b) the carrying out of seismic surveys, or

• (c) the making of other excavations,

for the purpose of mineral exploration, and the provision or assembly on that land or adjoining land of any structure required in connection with any of those operations.

Development not permitted

A.1

Development is not permitted by Class A if—

• (a) it consists of the drilling of boreholes for petroleum exploration;

• (b) any operation would be carried out within 50 metres of any part of an occupied residential building or a building occupied as a hospital or school;

• (c) any operation would be carried out within a National Park, an area of outstanding natural beauty or a site of archaeological or special scientific interest;

• (d) any explosive charge of more than 1 kilogram would be used;

• (e) any excavation referred to in paragraph A(c) would exceed 10 metres in depth or 12 square metres in surface area;

• (f) in the case described in paragraph A(c) more than 10 excavations would, as a result, be made within any area of 1 hectare within the land during any period of 24 months; or

• (g) any structure assembled or provided would exceed 12 metres in height, or, where the structure would be within 3 kilometres of the perimeter of an aerodrome, 3 metres in height.

Conditions

A.2

Development is permitted by this class subject to the following conditions—

• (a) no operations shall be carried out between 6pm and 7am;

• (b) no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless the mineral planning authority have so agreed in writing;

• (c) before any excavation (other than a borehole) is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;

• (d) within a period of 28 days from the cessation of operations unless the mineral planning authority have, in a particular case, agreed otherwise in writing—

• (i) any structure permitted by Class A and any waste material arising from development permitted by Class A shall be removed from the land,

• (ii) any borehole shall be adequately sealed,

• (iii) any other excavation shall be filled with material from the site,

• (iv) the surface of the land on which any operations have been carried out shall be levelled and any topsoil replaced as the uppermost layer, and

• (v) the land shall, so far as is practicable, be restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting.

Interpretation of Class A

A.3

For the purposes of Class A—

• “mineral exploration” means ascertaining the presence, extent or quality of any deposit of a mineral with a view to exploiting that mineral;

• “structure” means a building, plant or machinery or other structure.

Class B

Permitted development

B

Development on any land during a period not exceeding 4 months consisting of—

• (a) the drilling of boreholes,

• (b) the carrying out of seismic surveys, or

• (c) the making of other excavations,

for the purposes of mineral exploration, and the provision or assembly on that land or on adjoining land of any structure required in connection with any of those operations.

Development not permitted

B.1

Development is not permitted by Class B if—

• (a) it consists of the drilling of boreholes for petroleum exploration;

• (b) the developer has not previously notified the mineral planning authority in writing of his intention to carry out the development (specifying the nature and location of the development);

• (c) the relevant period has not elapsed;

• (d) any explosive charge of more than 2 kilograms would be used;

• (e) any excavation referred to in paragraph B(c) would exceed 10 metres in depth or 12 square metres in surface area; or

• (f) any structure assembled or provided would exceed 12 metres in height.

Conditions

B.2

Development is permitted by Class B subject to the following conditions—

• (a) the development shall be carried out in accordance with the details in the notification referred to in paragraph B.1(b), unless the mineral planning authority have otherwise agreed in writing;

• (b) no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless the mineral planning authority have otherwise agreed in writing;

• (c) before any excavation other than a borehole is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other,

• (d) within a period of 28 days from operations ceasing, unless the mineral planning authority have, in a particular case, agreed otherwise in writing—

• (i) any structure permitted by Class B and any waste material arising from development so permitted shall be removed from the land,

• (ii) any borehole shall be adequately sealed,

• (iii) any other excavation shall be filled with material from the site,

• (iv) the surface of the land shall be levelled and any topsoil replaced as the uppermost layer, and

• (v) the land shall, so far as is practicable, be restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting.

Interpretation of Class B

B.3

For the purposes of Class B—

• “mineral exploration” means ascertaining the presence, extent or quality of any deposit of a mineral with a view to exploiting that mineral;

• “relevant period” means the period elapsing— where a direction is not issued under article 6, 28 days after the notification referred to in paragraph B.1(b) or, if earlier, on the date on which the mineral planning authority notify the developer in writing that they will not issue such a direction, or where a direction is issued under article 6, 28 days from the date on which notice of that decision is sent to the Secretary of State, or, if earlier, the date on which the mineral planning authority notify the developer that the Secretary of State has disallowed the direction;

• “structure” means a building, plant or machinery or other structure.

PART 23 — REMOVAL OF MATERIAL FROM MINERAL-WORKING DEPOSITS

Class A

Permitted development

A

The removal of material of any description from a mineral-working deposit from which material was removed at any time during the period of 12 months before 19th May 1986.

Development not permitted

A.1

Development is not permitted by Class A—

• (a) if no application was made before 19th November 1986 for planning permission to continue to remove material from the deposit;

• (b) where such an application has been made, except in the terms of the planning permission sought;

• (c) if the application has been determined by the mineral planning authority, or, if an appeal has been made, finally determined by the Secretary of State; or

• (d) if the removal of material from the deposit during the 12 month period was in breach of planning control.

Class B

Permitted development

B

The removal of material of any description from a stockpile.

Class C

Permitted development

C

The removal of material of any description from a mineral-working deposit other than a stockpile.

Development not permitted

C.1

Development is not permitted by Class C if—

• (a) the developer has not previously notified the mineral planning authority in writing of his intention to carry out development together with the appropriate details;

• (b) the deposit covers a ground area exceeding 2 hectares, unless the deposit contains any mineral or other material deposited on the land at a date 5 years or less before the date on which it would be removed; or

• (c) the deposit derives from the carrying out of any operations permitted under Part 6 of this Schedule or any class in a previous development order which it replaces.

Conditions

C.2

Development is permitted by Class C subject to the following conditions—

• (a) it shall be carried out in accordance with the details given in the notice sent to the mineral planning authority referred to in paragraph C.1(a) above, unless that authority have agreed otherwise in writing;

• (b) if the mineral planning authority so require, the developer shall within a period of 3 months from the date of the requirement (or such other longer period as that authority may provide) submit to them for approval a scheme providing for the restoration and aftercare of the site;

• (c) where such a scheme is required, the site shall be restored and aftercare shall be carried out in accordance with the provisions of the approved scheme;

• (d) development shall not be commenced until the relevant period has elapsed.

Interpretation of Class C

C.3

In Class C—

• “appropriate details” means the nature of the development, the exact location of the mineral-working deposit from which the material would be removed, the proposed means of vehicular access to the site at which the development is to be carried out, and the earliest date at which any mineral presently contained in the deposit was deposited on the land;

• “relevant period” means the period elapsing— where a direction is not issued under article 6, 28 days after the notification referred to in paragraph C.1(a) or, if earlier, on the date on which the mineral planning authority notify the developer in writing that they will not issue such a direction; or where a direction is issued under article 6, 28 days from the date on which notice of that direction is sent to the Secretary of State, or, if earlier, the date on which the mineral planning authority notify the developer that the Secretary of State has disallowed the direction.

Interpretation of Part 23

D

In Classes B and C of this Part—

• “stockpile” means a mineral-working deposit consisting primarily of minerals which have been deposited for the purposes of their processing or sale.

PART 24 — DEVELOPMENT BY TELECOMMUNICATIONS CODE SYSTEM OPERATORS

Class A

Permitted development

A

Development by or on behalf of a telecommunications code system operator for the purpose of the operator’s telecommunication system in, on, over or under land controlled by that operator or in accordance with his licence, consisting of—

• (a) the installation, alteration or replacement of any telecommunication apparatus, or

• (b) the use of land in an emergency for a period not exceeding 6 months to station and operate moveable telecommunication apparatus required for the replacement of unserviceable telecommunication apparatus, including the provision of moveable structures on the land for the purposes of that use.

Development not permitted

A.1

Development is not permitted by Class A(a) if—

• (a) in the case of the installation of apparatus (other than on a building or other structure) the apparatus would exceed a height of 15 metres above ground level;

• (b) in the case of the alteration or replacement of apparatus already installed (other than on a building or other structure), the apparatus would when altered or replaced exceed the height of the existing apparatus or a height of 15 metres above ground level, whichever is the greater;

• (c) in the case of the installation, alteration or replacement of apparatus on a building or other structure, the height of the apparatus (taken by itself) would exceed—

• (i) 15 metres, where it is installed, or is to be installed, on a building or other structure which is 30 metres or more in height; or

• (ii) 10 metres in any other case;

• (d) in the case of the installation, alteration or replacement of apparatus on a building or other structure, the highest part of the apparatus when installed, altered or replaced would exceed the height of the highest part of the building or structure by more than—

• (i) 10 metres, in the case of a building or structure which is 30 metres or more in height;

• (ii) 8 metres, in the case of a building or structure which is more than 15 metres but less than 30 metres in height;

• (iii) 6 metres in any other case;

• (e) in the case of the installation or replacement of any apparatus other than—

• (i) a mast,

• (ii) any kind of antenna,

• (iii) a public call box, or

• (iv) any apparatus which does not project above the level of the surface of the ground,

the ground or base area of the structure would exceed 1.5 square metres;

• (f) in the case of the installation, alteration or replacement on a building or structure of a microwave antenna or apparatus which includes or is intended for the support of such an antenna—

• (i) the building or other structure on which the antenna is to be installed is less than 15 metres in height;

• (ii) the size of the antenna when measured in any dimension would exceed 1.3 metres (excluding any projecting feed element); or

• (iii) the development would result in the presence on the building or structure of more than two microwave antennas; or

• (g) in the case of development on any article 1(5) land, it would consist of—

• (i) the installation or alteration of a microwave antenna or of any apparatus which includes or is intended for the support of such an antenna; or

• (ii) the replacement of such an antenna or such apparatus by an antenna or apparatus which differs from that which is being replaced,

unless the development is carried out in any emergency.

Conditions

A.2

• (1) Class A(a) development is permitted subject to the condition that any antenna or supporting apparatus installed, altered or replaced on a building in accordance with that permission shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.

• (2) Class A(b) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall at the expiry of the relevant period be removed from the land and the land restored to its condition before the development took place.

• (3) Development on any article 1(5) land is permitted by Class A subject to the condition that in the case of the installation of apparatus on or over land controlled by the operator, he shall—

• (a) except in a case of emergency, give notice in writing to the local planning authority not less than eight weeks before development is begun of his intention to carry out such development; or

• (b) in a case of emergency, give written notice of such installation as soon as possible after the emergency begins.

Interpretation

A.3

For the purposes of this class—

• “1984 Act” means the Telecommunications Act 1984[^f00059];

• “land controlled by an operator” means land occupied by the operator in right of a freehold interest or a leasehold interest under a lease granted for a term of not less than 10 years;

• “development in accordance with a licence” means development carried out by an operator in pursuance of a right conferred on that operator under the telecommunications code, and in accordance with any conditions relating to the application of that code imposed by the terms of his licence;

• “relevant period” means a period which expires either six months from the commencement of the use permitted by this paragraph or when the need for that use ceases, whichever occurs first;

• “telecommunications apparatus” means any apparatus falling within the definition of that term in paragraph 1 of Schedule 2 to the 1984 Act;

• “the telecommunications code” means the code contained in Schedule 2 to the 1984 Act;

• “telecommunications code system operator” means a person who has been granted a licence under section 7 of the 1984 Act which applies the telecommunications code to him in pursuance of section 10 of that Act;

• “telecommunication system” has the meaning assigned to that term by section 4(1) of the 1984 Act.

PART 25 — OTHER TELECOMMUNICATIONS DEVELOPMENT

Class A

Permitted development

A

The installation, alteration or replacement on any building or other structure of a microwave antenna and any structure intended for the support of a microwave antenna.

Development not permitted

A.1

Development is not permitted by Class A if—

• (a) the building is a dwellinghouse;

• (b) the development is permitted by Part 24;

• (c) the building or structure is less than 15 metres in height;

• (d) the development would result in the presence on the building or structure of more than two microwave antennas;

• (e) in the case of a satellite antenna, the size of the antenna, including its supporting structure but excluding any projecting feed element, would exceed 90 centimetres;

• (f) in the case of a terrestrial microwave antenna—

• (i) the size of the antenna, when measured in any dimension but excluding any projecting feed element, would exceed 1.3 metres; and

• (ii) the highest part of the antenna or its supporting structure would be more than 3 metres higher than the highest part of the building or structure on which it is installed or is to be installed; or

• (g) it is on article 1(5) land.

Conditions

A.2

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

• (a) the antenna shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is installed;

• (b) an antenna no longer needed for the reception or transmission of microwave radio energy shall be removed from the building or structure as soon as reasonably practicable.

PART 26 — DEVELOPMENT BY THE HISTORIC BUILDINGS AND MONUMENTS COMMISSION FOR ENGLAND

Class A

Permitted development

A

Development by or on behalf of the Historic Buildings and Monuments Commission for England, consisting of—

• (a) the maintenance, repair or restoration of any building or monument;

• (b) the erection of screens, fences or covers designed or intended to protect or safeguard any building or monument; or

• (c) the carrying out of works to stabilise ground conditions by any cliff, water-course or the coastline;

where such works are required for the purposes of securing the preservation of any building or monument.

Development not permitted

A.1

Development is not permitted by Class A(a) if the works involve the extension of the building or monument.

Condition

A.2

Except for development also falling within Class A(a), Class A(b) development is permitted subject to the condition that any structure erected in accordance with that permission shall be removed at the expiry of a period of 6 months (or such longer period as the local planning authority may agree in writing) from the date on which work to erect the structure was begun.

Interpretation of Class A

A.3

For the purposes of Class A, “building or monument” means any building or monument in the guardianship of the Historic Buildings and Monuments Commission for England or owned, controlled or managed by them.

PART 27 — USE BY MEMBERS OF CERTAIN RECREATIONAL ORGANISATIONS

Class A

Permitted development

A

The use of land by members of a recreational organisation for the purposes of recreation or instruction, and the erection or placing of tents on the land for the purposes of the use.

Development not permitted

A.1

Development is not permitted by Class A if the land is a building or is within the curtilage of a dwellinghouse.

Interpretation

A.2

For the purposes of Class A, a “recreational organisation” is an organisation holding a certificate of exemption under section 269 of the Public Health Act 1936[^f00060].

PART 28 — DEVELOPMENT AT AMUSEMENT PARKS

Class A

Permitted development

A

Development on land used as an amusement park consisting of—

• (a) the erection of booths or stalls or the installation of plant or machinery to be used for or in connection with the entertainment of the public within the amusement park; or

• (b) the extension, alteration or replacement of any existing booths or stalls, plant or machinery so used.

Development not permitted

A.1

Development is not permitted by Class A if—

• (a) in the case of any plant or machinery installed, extended, altered or replaced pursuant to this permission, that plant or machinery—

• (i) would, if the land or pier is within 3 kilometres of the perimeter of an aerodrome, exceed a height of 25 metres or the height of the highest existing structure (whichever is the lesser), or

• (ii) would in any other case exceed a height of 25 metres;

• (b) in the case of an extension to an existing building or structure, that building or structure would as a result exceed 5 metres above ground level or the height of the roof of the existing building or structure, whichever is the greater; or

• (c) in any other case, the height of the building or structure erected, extended, altered or replaced would exceed 5 metres above ground level.

Interpretation of Class A

A.2

For the purposes of Class A—

• “amusement park” means an enclosed area of open land, or any part of a seaside pier, which is principally used (other than by way of a temporary use) as a funfair or otherwise for the purposes of providing public entertainment by means of mechanical amusements and side-shows; but, where part only of an enclosed area is commonly so used as a funfair or for such public entertainment, only the part so used shall be regarded as an amusement park; and

• “booths or stalls” includes buildings or structures similar to booths or stalls.

SCHEDULE 3

PART 1 — TOWN AND COUNTRY PLANNING ACT 1971

Letter to be sent by a local planning authority when it receives an application for planning permission or for an established use certificate

PART 2 — TOWN AND COUNTRY PLANNING ACT 1971

Notice to be sent to an applicant when a local planning authority refuses planning permission or grants it subject to conditions(To be endorsed on notices of decision)

SCHEDULE 4

PART 1 — Town and Country Planning Act 1971

NOTICE UNDER SECTION 26(2) (to be published in a local newspaper*)

NOTICE UNDER SECTION 26(3) (to be displayed on site*)

PART 2 — Town and Country Planning Act 1971

CERTIFICATE UNDER SECTION 26(2)

SCHEDULE 5

PART 1 — Town and Country Planning Act 1971

CERTIFICATE UNDER ARTICLE 29*

CERTIFICATE UNDER SECTION 27(1)(a)*

Town and Country Planning Act 1971

CERTIFICATE UNDER ARTICLE 29*

CERTIFICATE UNDER SECTION 27(1)(b)*

Town and Country Planning Act 1971

CERTIFICATE UNDER ARTICLE 29*

CERTIFICATE UNDER SECTION 27(1)(c)*

Town and Country Planning Act 1971

CERTIFICATE UNDER ARTICLE 29*

CERTIFICATE UNDER SECTION 27(1)(d)*

Town and Country Planning Act 1971

CERTIFICATE UNDER ARTICLE 29*

CERTIFICATE UNDER SECTION 27(3)*

PART 2 — Town and Country Planning Act 1971

NOTICE UNDER SECTION 27 OF APPLICATION FOR PLANNING PERMISSION

PART 3 — Town and Country Planning Act 1971

NOTICE UNDER SECTION 27 AND 36 OF APPEAL

PART 4 — Town and Country Planning Act 1971

CERTIFICATE UNDER SECTION 27(1)(cc)

PART 5 — Town and Country Planning Act 1971

NOTICE UNDER SECTION 27(2A)

PART 6 — Town and Country Planning Act 1971

NOTICE UNDER SECTION 27(2A) AND 36 OF APPEAL

SCHEDULE 6

PART 1 — Town and Country Planning Act 1971

NOTICE UNDER ARTICLE 29 OF AN APPLICATION FOR AN ESTABLISHED USE CERTIFICATE

PART 2 — Town and Country Planning Act 1971

NOTICE OF AN APPEAL AGAINST THE REFUSAL OF AN ESTABLISHED USE CERTIFICATE

PART 3 — Town and Country Planning Act 1971

ESTABLISHED USE CERTIFICATE

SCHEDULE 7 — STATUTORY INSTRUMENTS REVOKED

Title of instrument (and extent of revocation where the whole is not revoked)	Reference
The Town and Country Planning General Development Order 1977	S.I. 1977/289
The Town and Country Planning General Development (Amendment) Order 1980	S.I. 1980/1946
The Town and Country Planning General Development (Amendment) Order 1981	S.I. 1981/245
The Town and Country Planning General Development (Amendment) (No. 2) Order 1981	S.I. 1981/1569
The Town and Country Planning General Development (Amendment) Order 1983	S.I. 1983/1615
The Town and Country Planning General Development (Amendment) Order 1985	S.I. 1985/1011
The Town and Country Planning (National Parks, Areas of Outstanding Natural Beauty and Conservation Areas etc.) Special Development Order 1985	S.I. 1985/1012
The Town and Country Planning General Development (Amendment) (No. 2) Order 1985	S.I. 1985/1981
The Town and Country Planning (National Parks, Areas of Outstanding Natural Beauty and Conservation Areas etc.) Special Development (Amendment) Order 1986	S.I. 1986/8
Article 2 of the Town and Country Planning (Local Government Reorganisation) (Miscellaneous Amendments) Order 1986	S.I. 1986/435
The Town and Country Planning (Agriculture and Forestry Development in National Parks etc.) Special Development Order 1986	S.I. 1986/1176
The Town and Country Planning General Development (Amendment) Order 1987	S.I. 1987/702
The Town and Country Planning General Development (Amendment) (No. 2) Order 1987	S.I. 1987/765
The Town and Country Planning General Development (Amendment) Order 1988	S.I. 1988/1272

Signed

Nicholas Ridley — Secretary of State for the Environment — 20th October 1988

Peter Walker — Secretary of State for Wales — 21st October 1988

Explanatory note

(This note is not part of the Order)

This Order consolidates with amendments the Town and Country Planning General Development Order 1977 and subsequent amending instruments, except the provisions relating to planning applications which are reproduced in the Town and Country Planning (Applications) Regulations 1988 (S.I. 1988/1812). The consolidation also incorporates the provision previously made by the special development orders listed in Schedule 7.

The main purpose of the order is to permit certain forms of development without express planning permission under the Town and Country Planning Act 1971 (Schedule 2). In some circumstances, the permission given is subject to extensive qualifications and restrictions. The order also deals with the other procedures connected with planning applications, with the maintenance of registers of planning applications; applications for established use certificates; and related matters.

The main changes made by the order are—

• (a) a replacement of the power for a local highway authority to direct that certain planning applications be referred to them (or to impose conditions on a grant of planning permission) by a requirement for the highway authority to be consulted about such applications (article 18, paragraphs (1)(g) and (h));

• (b) a revision of the criteria on which consultation is normally required with the Minister of Agriculture, Fisheries and Food (or the Secretary of State for Wales) about development proposals involving the loss of agricultural land (article 18, paragraph (1)(v));

• (c) the inclusion of specified information about simplified planning zones in the planning register (article 27(6));

• (d) the exclusion from permitted development rights of some loft extensions (Schedule 2, Part 1);

• (e) additions to the categories of change of use which constitute permitted development (Schedule 2, Part 3);

• (f) the exclusion from permitted development rights of livestock units within 400 metres of non-agricultural buildings (Schedule 2, Part 4);

• (g) the revision of the permitted development rights relating to minerals.

Footnotes

[^f00001]: 1971 c. 78; relevant amendments are made by Schedule 16, paragraph 22 to the Local Government Act 1972 (c. 70), Schedule 15, paragraph 4 to the Local Government, Planning and Land Act 1980 (c. 65), Schedule 6, Part II, paragraph 1 and Schedule 11, paragraph 2 to the Housing and Planning Act 1986 (c. 63). Section 31 was extended by regulation 3 of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (S.I. 1988/1199). Section 92A was inserted by paragraph 6 of the Schedule to the Local Government and Planning (Amendment) Act 1981 (c. 41) and amended by section 3(4) of the Local Government Act 1985 (c. 51).

[^f00002]: 1972 c. 70; relevant amendments are made by section 86 of the Local Government, Planning and Land Act 1980 and the Local Government Reorganisation (Miscellaneous Provisions) (No. 4) Order 1986 (S.I. 1986/452).

[^f00003]: 1981 c. 36.

[^f00004]: 1960 c. 62; the relevant amendment is section 13 of the Caravan Sites Act 1968 (c. 52).

[^f00005]: S.I. 1985/1643.

[^f00006]: 1949 c. 97.

[^f00007]: 1980 c. 66.

[^f00008]: 1947 c. 51.

[^f00009]: 1962 c. 38.

[^f00010]: 1976 c. 70.

[^f00011]: 1962 c. 58.

[^f00012]: S.I. 1982/1357.

[^f00013]: 1981 c. 14.

[^f00014]: 1972 c. 20.

[^f00015]: S.I. 1988/1812.

[^f00016]: 1979 c. 46.

[^f00017]: 1981 c. 69.

[^f00018]: 1986 c. 44.

[^f00019]: 1962 c. 46.

[^f00020]: 1968 c. 73.

[^f00021]: 1936 c. 49.

[^f00022]: 1980 c. 65.

[^f00023]: S.I 1987/764.

[^f00024]: S.I. 1984/1286.

[^f00025]: Fees are prescribed by regulations made under section 87 of the Local Government, Planning and Land Act 1980 (c. 65); S.I. 1983/1674, as amended by S.I. 1985/1182 and 1987/101.

[^f00026]: 1946 c. 59.

[^f00027]: S.I. 1988/1199.

[^f00028]: 1980 c. 66.

[^f00029]: 1961 c. 64.

[^f00030]: 1855 c. 120.

[^f00031]: 1980 c. 66.

[^f00032]: 1959 c. 25; the operation of orders under section 312(6) is preserved by paragraph 11 of Schedule 23 to the Highways Act 1980.

[^f00033]: 1981 c. 69.

[^f00034]: 1976 c. 27.

[^f00035]: Established by Schedule 1 of the Waste Regulation and Disposal (Authorities) Order 1985 (S.I. 1985/1884).

[^f00036]: 1972 c. 70; a substituted paragraph 19 was inserted into Schedule 16 to the Local Government Act 1972 by section 86(2) of the Local Government, Planning and Land Act 1980.

[^f00037]: Paragraph 20 was amended by the Local Government (Miscellaneous Provisions) (No. 4) Order 1986 (S.I. 1986/452).

[^f00038]: Section 34 was amended by Schedule 6, Part II, paragraph 1 to the Housing and Planning Act 1986 (c. 63).

[^f00039]: Section 88 was substituted by paragraph 5 of the Schedule to the Local Government and Planning (Amendment) Act 1981 (c. 41).

[^f00040]: Schedule 24A was inserted by section 25(1) of the Housing and Planning Act 1986.

[^f00041]: Schedule 8A was inserted by Part I of Schedule 6 to the Housing and Planning Act 1986.

[^f00042]: Section 92A was inserted by paragraph 6 of the Schedule to the Local Government and Planning (Amendment) Act 1981 (c. 41).

[^f00043]: Section 87 was substituted by paragraph 1 of the Schedule to the Local Government and Planning (Amendment) Act 1981.

[^f00044]: S.I. 1977/289.

[^f00045]: Inserted by section 1 of the Town and Country Planning Amenities Act 1974 (c. 32).

[^f00046]: 1981 c. 69.

[^f00047]: 1983 c. 30.

[^f00048]: 1964 c. 40.

[^f00049]: 1976 c. 70.

[^f00050]: 1976 c. 44.

[^f00051]: 1981 c. 64.

[^f00052]: 1968 c. 73.

[^f00053]: 1976 c. 44.

[^f00054]: 1965 c. 36.

[^f00055]: 1894 c. 60.

[^f00056]: 1986 c. 31.

[^f00057]: 1946 c. 59.

[^f00058]: 1946 c. 59.

[^f00059]: 1984 c. 12.

[^f00060]: 1936 c. 49.