The Town and Country Planning (General Development Procedure) Order 1995

Signed

John Selwyn Gummer — Secretary of State for the Environment — 21st February 1995

John Redwood — Secretary of State for Wales — 22nd February 1995

Explanatory note

(This note is not part of the Order)

This Order consolidates with amendments the procedural provisions of the Town and Country Planning General Development Order 1988 and subsequent amending instruments. A separate Order, the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418), consolidates with amendments the remaining provisions which deal with permitted development.

The Order specifies the procedures connected with planning applications, appeals to the Secretary of State and related matters so far as these are not laid down in the Town and Country Planning Act 1990 and the Town and Country Planning (Applications) Regulations 1988 (S.I. 1988/1812). It also deals with the maintenance of registers of planning applications, applications for certificates of lawful use or development, and other related matters.

The main change made by the Order is the inclusion of a requirement for a local planning authority, before granting planning permission, to consult the Historic Buildings and Monuments Commission for England in relation to development likely to affect any registered Grade I or Grade II* garden or park of special historic interest (paragraph (o) of the Table in article 10).

Footnotes

[^f00001]: 1990 c. 8; sections 65 and 71(1), (2) and (2A) were substituted by section 16 of the Planning and Compensation Act 1991 (c. 34); sections 69, 71(4), 74(2), 77(4), 79(4), 188, 196(4) and paragraph 8(6) of Schedule 1 were amended by paragraphs 13, 15, 17, 18, 19, 30, 33 and 53(5) of Schedule 7 to the 1991 Act respectively; section 74(1A) was inserted, section 78 was amended, and section 193 was substituted, by sections 19(1), 17(2) and 10(1) of the 1991 Act respectively.

[^f00002]: S.I. 1988/1199, amended by S.I. 1990/367, 1992/1494, 1994/677.

[^f00003]: 1980 c. 66.

[^f00004]: S.I. 1988/1812.

[^f00005]: 1980 c. 66; section 19 was amended by section 21(1) of the New Roads and Street Works Act 1991 (c. 22).

[^f00006]: For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.

[^f00007]: Fees are prescribed by regulations made under section 303 of the Act; S.I. 1989/193, amended by S.I. 1990/2473, 1991/2735, 1992/1817, 1992/3052, 1993/3170.

[^f00008]: Paragraph 1(1) of Schedule 1 was amended by paragraph 13 of Schedule 1 to the Planning and Compensation Act 1991 (c. 34).

[^f00009]: 1981 c. 69, to which there are amendments not relevant to this Order.

[^f00010]: S.I. 1988/1199, amended by S.I. 1990/367, 1992/1494, 1994/677.

[^f00011]: For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.

[^f00012]: 1953 c. 49 (1 & 2 Eliz. 2); section 8C was inserted by section 33 of, and paragraph 10 of Schedule 4 to, the National Heritage Act 1983 (c. 47).

[^f00013]: 1981 c. 69.

[^f00014]: 1993 c. 43.

[^f00015]: 1980 c. 66.

[^f00016]: 1991 c. 22.

[^f00017]: 1990 c. 9.

[^f00018]: 1979 c. 46.

[^f00019]: 1960 c. 62; a relevant amendment is section 13 of the Caravan Sites Act 1968 (c. 52).

[^f00020]: 1981 c. 69.

[^f00021]: 1976 c. 27.

[^f00022]: 1990 c. 43.

[^f00023]: Paragraph 7 was amended by paragraph 35(2) of Schedule 4, and paragraph 53(4) of Schedule 7, to the Planning and Compensation Act 1991 (c. 34).

[^f00024]: Sections 191 to 194 were substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34).

[^f00025]: Paragraph 8 of Schedule 1 was substituted by paragraph 53(5) of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

[^f00026]: For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.

[^f00027]: S.I. 1988/1199, amended by S.I. 1990/367, 1992/1494, 1994/677.

[^f00028]: OJ No. L175, 5.7.85, p.40.

[^f00029]: 1980 c. 66.

[^f00030]: Section 77 was amended by paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

[^f00031]: Section 71 was amended by section 16(2) of, and paragraph 15 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).

[^f00032]: Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991 (c. 34).

[^f00033]: S.I. 1995/418.

[^f00034]: Sections 191 to 194 were substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34).

[^f00035]: Section 195 was amended by paragraph 32 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

[^f00036]: For cases where functions have been transferred from the county council to the district council or vice versa see regulation 5 of the Local Government Changes for England Regulations 1994 (S.I. 1994/867) and section 1 of the Act.

[^f00037]: Section 174 was amended by section 6(1) of, and paragraph 22 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).

[^f00038]: Schedule 7 was amended by Schedule 5 to the Planning and Compensation Act 1991 (c. 34).

[^f00039]: Section 77 was amended by paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

[^f00040]: Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991 (c. 34).

[^f00041]: Section 288 was amended by paragraph 25 of Schedule 3 to the Tribunals and Inquiries Act 1992 (c. 53).

[^f00042]: Section 188 was amended by paragraph 30 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

[^f00043]: Section 175(4) was amended by section 6(2) of the Planning and Compensation Act 1991 (c. 34).

[^f00044]: 1988/1813; the Town and Country Planning General Development Order 1988 is revoked by this Order to the extent not already revoked.

[^f00045]: Section 64 was repealed by paragraph 12 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34) with effect from 27th July 1992.

[^f00046]: Section 192 was substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34) with effect from 27th July 1992.