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The Town and Country Planning (Development Management Procedure) (England) Order 2010

Type Statutory-Instrument

Publication 2010-09-08

Last updated 2010-10-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(10) Where a valid application has been received, the local planning authority shall give the applicant written notice of their decision within—

(a) the period of 8 weeks beginning with the day immediately following that on which the application is received; or

(b) unless the applicant has already given notice of appeal to the Secretary of State, within such extended period as may be agreed in writing between the applicant and the authority.

(11) Where a fee due in respect of an application has been paid by a cheque which is subsequently dishonoured—

(a) sub-paragraph (a) of paragraph (10) shall have effect as if, for “the application is received”, there were substituted “the authority are satisfied that they have received the full amount of the fee”; and

(b) sub-paragraph (b) of that paragraph shall have effect as if, at the end, there were added “once the authority are satisfied that they have received the full amount of the fee”.

(12) In this article, “valid application” means an application which—

(a) complies with the requirements of paragraphs (1) to (4); and

(b) is accompanied by the appropriate fee,

and a valid application shall be taken to have been received when the application and all of the documents, particulars or evidence referred to in paragraphs (1) to (4) have been lodged with the appropriate authority mentioned in article 10(1) and the fee has been paid.

(13) Where an application is refused, in whole or in part (including a case in which the authority modify the description of the use, operations or other matter in the application or substitute an alternative description for that description), the notice of decision shall state clearly and precisely the authority’s full reasons for their decision and shall include a statement to the effect that if the applicant is aggrieved by the decision the applicant may appeal to the Secretary of State under section 195 of the 1990 Act (appeals against refusal or failure to give decision on application)[^f00053].

(14) A certificate under section 191 or 192 of the 1990 Act shall be in the form set out in Schedule 8, or in a form substantially to the like effect.

(15) Where a local planning authority propose to revoke a certificate issued under section 191 or 192 of the 1990 Act in accordance with section 193(7) of the 1990 Act (certificates under sections 191 and 192: supplementary provisions)[^f00054], they shall, before they revoke the certificate, give notice of that proposal to—

(a) the owner of the land affected;

(b) the occupier of the land affected;

(d) in the case of a certificate issued by the Secretary of State under section 195 of the 1990 Act, the Secretary of State.

(16) A notice issued under paragraph (15) shall invite the person on whom the notice is served to make representations on the proposal to the authority within 14 days of service of the notice and the authority shall not revoke the certificate until all such periods allowed for making representations have expired.

(17) An authority shall give written notice of any revocation under section 193(7) of the 1990 Act to every person on whom notice of the proposed revocation was served under paragraph (15).

PART 7 — Monitoring

Register of applications

36

(1) In this article and in articles 37 and 38, “the local planning register authority” means—

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

(b) in relation to land in Greater London or a metropolitan county, which is not land in a National Park, 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 other than any part of their area within a National Park);

(i) the district planning authority; or

(ii) where there is no district planning authority in relation to the land, the county 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 or the area of the county planning authority, as the case may be, other than any part of their area within a National Park).

(2) Each local planning register authority shall keep, in 2 parts, a register of every application for planning permission relating to their area.

(3) Part 1 of the register shall contain in respect of each such application and 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—

(a) a copy (which may be photographic or in electronic form) of the application together with any accompanying plans and drawings;

(b) a copy (which may be photographic or in electronic form) of any planning obligation or section 278 agreement proposed or entered into in connection with the application;

(c) a copy (which may be photographic or in electronic form) of any other planning obligation or section 278 agreement entered into in respect of the land the subject of the application which the applicant considers relevant; and

(d) particulars of any modification to any planning obligation or section 278 agreement included in Part I of the register in accordance with sub-paragraphs (b) and (c).

(4) Part 2 of the register shall contain, in respect of every application for planning permission relating to the local planning register authority’s area—

(a) a copy (which may be photographic or in electronic form) of the application and of plans and drawings submitted in relation thereto and of any accompanying design and access statement provided in accordance with article 8;

(b) particulars of any direction given under the 1990 Act or this Order in respect of the application;

(c) the decision, if any, of the local planning authority in respect of the application, including details of any conditions subject to which permission was granted, the date of such decision and the name of the local planning authority;

(d) the reference number, the date and effect of any decision of the Secretary of State in respect of the application, whether on appeal, on an application under section 293A(2) of the 1990 Act (urgent Crown development: application)[^f00055] or on a reference under section 76A or 77 of the 1990 Act (reference of applications to Secretary of State)[^f00056];

(e) the date of any subsequent approval (whether approval of reserved matters or any other approval required) given in relation to the application;

(f) a copy (which may be photographic or in electronic form) of any planning obligation or section 278 agreement entered into in connection with any decision of the local planning authority or the Secretary of State in respect of the application;

(g) a copy (which may be photographic or in electronic form) of any other planning obligation or section 278 agreement taken into account by the local planning authority or the Secretary of State when making the decision; and

(h) particulars of any modification to or discharge of any planning obligation or section 278 agreement included in Part 2 of the register in accordance with sub-paragraphs (f) or (g) or paragraph (6).

(5) The register kept by the local planning register authority shall also contain the following information in respect of every application made under article 9 relating to their area—

(a) a copy (which may be photographic or in electronic form) of the application together with any accompanying plans and drawings; and

(b) the decision, if any, of the local planning authority in respect of the application, the date of such decision and the name of the local planning authority.

(6) Where, on any appeal to the Secretary of State under section 174 of the 1990 Act (appeal against enforcement notice)[^f00057], the appellant is deemed to have made an application for planning permission and the Secretary of State has granted permission, the local planning register authority shall, on receipt of notification of the Secretary of State’s decision, enter into Part 2 of the register referred to in paragraph (2) particulars of the development concerned, the land on which it was carried out, and the date and effect of the Secretary of State’s decision together with a copy (which may be photographic or in electronic form) of—

(a) any planning obligation or section 278 agreement entered into in connection with the decision; and

(b) any other planning obligation or section 278 agreement taken into account by the Secretary of State when making the decision.

(7) The register kept by the local planning register authority shall also contain the following information in respect of every application for a certificate under section 191 or 192 of the 1990 Act (certificates of lawfulness of existing or proposed use or development)[^f00058] relating to the authority’s area—

(a) the name and address of the applicant;

(b) the date of the application;

(d) the description of the use, operations or other matter included in the application;

(e) the decision, if any, of the local planning authority in respect of the application and the date of such decision; and

(f) the reference number, date and effect of any decision of the Secretary of State on an appeal in respect of the application.

(8) The register shall contain the following information about simplified planning zone schemes in the area of the authority—

(a) brief particulars of any action taken by the authority or the Secretary of State in accordance with section 83 of, or Schedule 7 to, the 1990 Act (making of simplified planning zone schemes etc)[^f00059] to establish or approve any simplified planning zone scheme, including the date of adoption or approval, the date on which the scheme or alteration becomes operative and the date on which it ceases to be operative;

(b) a copy of any simplified planning zone scheme, or alteration to an existing scheme, including any diagrams, illustrations, descriptive matter or any other prescribed material which has been made available for inspection under Schedule 7 to the 1990 Act; and

(c) an index map showing the boundary of any operative or proposed simplified planning zone schemes, including alterations to existing schemes where appropriate, together with a reference to the entries in the register under sub-paragraphs (a) and (b).

(9) To enable any person to trace any entry in the register, every register shall include an index together with a separate index of applications for development involving mining operations or the creation of mineral working deposits.

(10) Subject to paragraph (11), every entry in the register shall be made within 14 days of the receipt of an application, or of the giving or making of the relevant direction, decision or approval as the case may be.

(11) A copy of any application made under section 293A(2) of the 1990 Act (urgent Crown development: application) and of any plans and drawings submitted in relation to it shall be placed on the register within 14 days of the date on which the local planning authority is consulted on the application by the Secretary of State.

(12) The register shall either be kept at the principal office of the local planning register authority or that part of the register which relates to land in part of that authority’s area shall be kept at a place within or convenient to that part.

(13) For the purposes of paragraph (3), an application shall not be treated as finally disposed of unless—

(a) it has been decided by the authority (or the appropriate period specified or referred to in article 29(2) has expired without their giving a decision) and the time limit specified in article 33(2) has expired without any appeal having been made to the Secretary of State;

(b) if it has been referred to the Secretary of State under section 76A or 77 of the 1990 Act or an appeal has been made to the Secretary of State under section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions)[^f00060], the Secretary of State has issued a decision and the period of 6 weeks specified in section 288 of the 1990 Act (proceedings for questioning the validity of other orders, decisions and directions)[^f00061] has expired without any application having been made to the High Court under that section;

(c) an application has been made to the High Court under section 288 of the 1990 Act and the matter has been finally determined, either by final dismissal of the application by a court or by the quashing of the Secretary of State’s decision and the issue of a fresh decision (without a further application under the said section 288); or

(d) it has been withdrawn before being decided by the authority or the Secretary of State, as the case may be, or an appeal has been withdrawn before the Secretary of State has issued a decision.

(14) Where the register kept by a local planning register authority under this article is kept using electronic storage, the authority may make the register available for inspection by the public on a website maintained by the authority for that purpose.

Register of local development orders

37

(1) The register kept by each local planning register authority under article 36 shall include as Part 3 a Part relating to local development orders.

(2) Part 3 of the register shall consist of 2 sections—

(a) the first (“Section 1”) shall contain copies of draft local development orders which have been prepared but not adopted by the authority; and

(b) the second (“Section 2”) shall contain—

(i) copies of local development orders which have been adopted by the authority;

(ii) particulars of the revocation of any local development order made by the authority, including the date on which the revocation took effect; and

(iii) particulars of the revision of any local development order, including the date on which the revision took effect.

(3) A copy of each draft local development order must be placed on the register when the draft is sent for consultation in accordance with article 34(3).

(4) A copy of each local development order must be placed on the register within 14 days of the date of its adoption.

(5) A requirement under this article to place a copy of a draft order or order on the register includes a requirement to do the same with the statement of reasons for making that order.

Register of enforcement and stop notices

38

(1) Subject to paragraph (2), the register under section 188 of the 1990 Act (register of enforcement and stop notices)[^f00062] shall contain the following information with respect to every enforcement notice issued in relation to land in the area of the authority maintaining the register—

(a) the address of the land to which the notice relates or a plan by reference to which its situation can be ascertained;

(b) the name of the issuing authority;

(d) the date of service of copies of the notice;

(e) a statement or summary of the breach of planning control alleged and the requirements of the notice, including the period within which any required steps are to be taken;

(f) the date specified in the notice as the date on which it is to take effect;

(g) information on any postponement of the date specified as the date on which the notice will take effect by reason of section 175(4) of the 1990 Act (appeals: supplementary provisions)[^f00063] and the date of the final determination or withdrawal of any appeal;

(h) the date of service and, if applicable, of withdrawal of any stop notice referring to the enforcement notice, together with a statement or summary of the activity prohibited by any such stop notice; and

(i) the date, if any, on which the local planning authority are satisfied that steps required by the notice for a purpose mentioned in section 173(4)(b) of the 1990 Act (contents and effect of notice: remedying any injury to amenity)[^f00064] have been taken.

(2) That register shall also contain the following information with respect to every breach of condition notice served in relation to land in the area of the authority maintaining the register—

(a) the address of the land to which the notice relates or a plan by reference to which its situation can be ascertained;

(b) the name of the serving authority;

(d) details of the relevant planning permission sufficient to enable it to be identified; and

(e) a statement or summary of the condition which has not been complied with and the requirements of the notice, including the period allowed for compliance.

(3) All entries relating to an enforcement notice, stop notice or breach of condition notice shall be removed from the register if—

(a) in the case of an enforcement notice or stop notice, the relevant enforcement notice is quashed by the Secretary of State;

(b) in the case of a breach of condition notice, the notice is quashed by a court;

(4) Every register shall include an index for enabling a person to trace any entry in the register by reference to the address of the land to which the notice relates.

(5) Where a county planning authority issue an enforcement notice or serve a stop notice or a breach of condition notice, they shall supply the information specified in paragraph (1) or (2), as the case may be, in relation to the notice to the district planning authority (if any) in whose area the land to which the notice relates is situated and shall inform that authority if the notice is withdrawn or the relevant enforcement notice or breach of condition notice is quashed.

(6) The information prescribed in paragraphs (1) and (2) shall be entered in the register as soon as practicable and in any event within 14 days of the occurrence to which it relates, and information shall be so supplied under paragraph (5) that entries may be made within that period of 14 days.

(7) The register shall either be kept at the principal office of the local planning register authority or that part of the register which relates to land in part of that authority’s area shall be kept at a place within or convenient to that part.

PART 8 — General

Directions

39

Any power conferred by this Order to give a direction includes power to cancel or vary the direction by a subsequent direction.

40

Where a person is no longer willing to accept the use of electronic communications for any purpose of this Order which is capable of being carried out electronically, that person shall give notice in writing—

(a) withdrawing any address notified to the Secretary of State or to a local planning authority for that purpose; or

(b) revoking any agreement entered into or deemed to have been entered into with the Secretary of State or with a local planning authority for that purpose,

and such withdrawal or revocation shall be final and shall take effect on a date specified by the person in the notice but not less than 7 days after the date on which the notice is given.

Revocations, transitional provisions and savings

41

(1) The statutory instruments specified in the first column of the table in Schedule 9 are revoked, in so far as they apply to England, to the extent specified in the corresponding row of the third column of the table.

(2) In respect of any application for planning permission, consent, agreement or approval made before 6th April 2010—

(a) articles 33 (appeals) and 36 (register of applications) and Schedule 6 (notification where planning permission refused or granted subject to conditions) shall not apply; and

(b) articles 23 (appeals) and 25 (register of applications) of, and Part 2 of Schedule 1 (notification to be sent to applicant on refusal of planning permission or on the grant of permission subject to conditions) to, the Town and Country Planning (General Development Procedure) Order 1995[^f00065] shall apply as those provisions applied immediately prior to 6th April 2010.

(3) In respect of any application for planning permission made before 1st October 2010—

(a) article 13 (publicity for applications for planning permission) shall not apply; and

(b) article 8 of the Town and Country Planning (General Development Procedure) Order 1995 (publicity for applications for planning permission)[^f00066] shall apply as that provision applied immediately prior to 6th April 2010.

SCHEDULE 1 — Letter to be sent to applicant on receipt of application

SCHEDULE 2 — Notices under articles 11 and 32

SCHEDULE 3 — Publicity for applications for planning permission

SCHEDULE 4 — Major infrastructure projects: economic impact report

SCHEDULE 5 — Consultations before the grant of permission

SCHEDULE 6 — Notification where planning permission refused or granted subject to conditions

SCHEDULE 7 — Notices under article 34

SCHEDULE 8 — Certificate of lawful use or development

SCHEDULE 9 — Statutory instruments revoked in so far as they apply to England

Title of Instrument	Reference	Extent of revocation
The Town and Country Planning (General Development Procedure) Order 1995	S.I. 1995/419	The whole of the Order
The Town and Country Planning (General Development Procedure) (Amendment) Order 1996	S.I. 1996/1817	The whole of the Order
The Town and Country Planning (General Development Procedure) (Amendment) Order 1997	S.I. 1997/858	The whole of the Order
The Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2000	S.I. 2000/1627	The whole of the Order
The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2002	S.I. 2002/828	The whole of the Order
The Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2003	S.I. 2003/2047	The whole of the Order
The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2004	S.I. 2004/3340	The whole of the Order
The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2005	S.I. 2005/2087	The whole of the Order
The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2006	S.I. 2006/1062	The whole of the Order
The Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006	S.I. 2006/1282	Article 17
The Town and Country Planning (General Development Procedure) (Amendment) (No. 2) (England) Order 2006	S.I. 2006/2375	The whole of the Order
The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2007	S.I. 2007/1844	The whole of the Order
The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2008	S.I. 2008/550	The whole of the Order
The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2009	S.I. 2009/453	The whole of the Order
The Town and Country Planning (General Development Procedure) (Amendment) (No. 2) (England) Order 2009	S.I. 2009/1304	The whole of the Order
The Town and Country Planning (General Development Procedure) (Amendment) (No. 3) (England) Order 2009	S.I. 2009/2261	The whole of the Order
The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2010	S.I. 2010/567	The whole of the Order
The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010	S.I. 2010/602	Article 2

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Greg Clark — Minister of State — Department for Communities and Local Government — 8th September 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order consolidates with amendments the provisions of the Town and Country Planning (General Development Procedure) Order 1995 (“the 1995 Order”) and subsequent amending instruments, in so far as they apply to England. It also includes provisions regarding the application of this Order to the Crown which are similar to the provisions, in article 17 of the Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006 (“the 2006 Order”), which modified the 1995 Order. Article 17 of the 2006 Order is consequently revoked.

This Order provides for procedures connected with planning applications, consultations in relation to planning applications, the determination of planning applications, appeals, local development orders, certificates of lawful use or development, the maintenance of registers of planning applications and related matters.

The main changes are:

the amendment of provisions relating to the functions of local planning authorities in order to clarify that National Park authorities are responsible for those functions in respect of their National Parks, in accordance with section 4A of the Town and Country Planning Act 1990 (section 4A was inserted by section 67 of the Environment Act 1995 (c. 25)) which provides that a National Park authority is the sole local planning authority for the area of the National Park (articles 10, 23 and 36 and paragraphs (a) to (c) of the table in Schedule 5);

the updating or removal of references to bodies where the bodies no longer exist or where, prior to the making of this Order, their functions have been transferred to other bodies (in most cases because the original bodies have ceased to exist) (articles 2, 19, 24 and 34 and the Table in Schedule 5);

the inclusion in a separate Schedule (Schedule 7) of a form of notice for a proposal for a local development order granting planning permission, instead of the form having to be a form substantially to the same effect as one set out in Schedule 2;

amendments to the provisions relating specifically to applications for the grant of a replacement planning permission subject to a new time limit (articles 8, 10 and 18).

There are transitional provisions and savings (article 41) and minor and drafting amendments.

An impact assessment has been prepared in relation to this instrument. The assessment has been placed in the Library of each House of Parliament and copies may be obtained from the Planning Directorate, the Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU or http://www.communities.gov.uk.

Footnotes

[^f00001]: 1990 c. 8; subsections (2A) and (2B) of section 55 were inserted by section 49(1) of the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”), section 61A(5) was inserted by section 40(1) of the 2004 Act, section 62 was substituted by section 42(1) of the 2004 Act, section 65 was substituted by section 16(1) of the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”) and amended by paragraph 35 of the Schedule to the Agricultural Tenancies Act 1995 (c. 8), section 69 was substituted by paragraphs 1 and 3 of Schedule 6 to the 2004 Act and amended by section 190 of the Planning Act 2008 (c. 29) (“the 2008 Act”) (see section 69(9) for definition of “prescribed”), section 71 was amended by section 16(2) of, and paragraph 15 of Schedule 7 to, the 1991 Act (see section 71(4) for the definition of “prescribed”), section 74 was amended by sections 19(1) and 84(6) of, and paragraph 17 of Schedule 7 and Part I of Schedule 19 to, the 1991 Act, section 76A was inserted by section 44 of the 2004 Act, section 77(4) was amended by paragraph 18 of Schedule 7 to the 1991 Act, section 78 was amended by section 17(2) of the 1991 Act, sections 40(2)(e) and 43(2) of the 2004 Act and paragraphs 1 and 3 of Schedule 10 to the 2008 Act (amendments in force for certain purposes and to come into force for remaining purposes on a date to be appointed, see S.I. 2009/400) and paragraphs 1 and 2 of Schedule 11 to the 2008 Act, section 79(4) was amended by paragraph 19 of Schedule 7 to the 1991 Act, section 188 was amended by section 84 of, and paragraph 30 of Schedule 7 and Part I of Schedule 19 to, the 1991 Act, section 193 was substituted by section 10(1) of the 1991 Act, section 196(4) was amended by paragraph 33 of Schedule 7 to the 1991 Act, section 293A was inserted by section 82(1) of the 2004 Act, paragraph 6 of Schedule 1 was amended by section 120 of, and Schedule 24 to, the Environment Act 1995 (c. 25), paragraph 7 of Schedule 1 was substituted by paragraphs 1 and 16 of Schedule 6 to the 2004 Act, paragraph 8 of Schedule 1 was substituted by paragraph 53 of Schedule 7 to the 1991 Act, and Schedule 4A was inserted by section 40(4) of and Schedule 1 to the 2004 Act. These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry in Schedule 1 for the Town and Country Planning Act 1990 and seesection 118(3) of the 2004 Act. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32), they were transferred to the Welsh Ministers.

[^f00002]: 2004 c. 5.

[^f00003]: 2000 c. 7; section 15(1) was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).

[^f00004]: S.I. 1999/293, amended by S.I. 2006/3295; there are other amending instruments but none are relevant.

[^f00005]: 1990 c. 9.

[^f00006]: Section 106 was amended by section 12(1) of the Planning and Compensation Act 1991 (c. 34), section 33 of the Greater London Authority Act 2007 (c. 24) and section 174 of the Planning Act 2008 (c. 29). There is no intention at present to bring into force the repeal of section 106 by section 120 of, and Schedule 9 to, the 2004 Act.

[^f00007]: 1980 c. 66.

[^f00008]: Section 278 was substituted by section 23 of the New Roads and Street Works Act 1991 (c. 22).

[^f00009]: Section 16 was amended by section 36 of, and paragraphs 21 and 24 of Schedule 2 to, the Planning Act 2008 (c. 29).

[^f00010]: Section 19 was amended by section 21 of the New Roads and Street Works Act 1991.

[^f00011]: Subsection (2A) of section 55 was inserted by section 49(1) of the 2004 Act.

[^f00012]: Section 73 was amended by sections 42(2), 51(3) and 120 of, and Schedule 9 to, the 2004 Act and section 73A was inserted by paragraph 16 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

[^f00013]: See http://whc.unesco.org/en/conventiontext.

[^f00014]: Section 96A was inserted by section 190 of the Planning Act 2008 (c. 29).

[^f00015]: Section 62 was substituted by section 42(1) of the 2004 Act.

[^f00016]: Paragraph 1(1) of Schedule 1 was amended by paragraph 13 of Schedule 1 to the Planning and Compensation Act 1991 (c.34). See also the Town and Country Planning (Prescription of County Matters) (England) Regulations 2003 (S.I. 2003/1033) which prescribes certain forms of waste development for the purposes of the definition of county matters.

[^f00017]: Section 65 was substituted by section 16(1) of the Planning and Compensation Act 1991 and amended by paragraph 35 of the Schedule to the Agricultural Tenancies Act 1995 (c. 8).

[^f00018]: 1981 c. 69; seesection 66. There are amendments to Part 3 which are not relevant to this Order.

[^f00019]: Section 76A was inserted by section 44 of the 2004 Act and section 77 was amended by paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991, section 40(2)(d) of the 2004 Act and is to be amended by paragraphs 1 and 2 of Schedule 10 to the Planning Act 2008 on a date to be appointed.

[^f00020]: S.I. 1999/293, amended by S.I. 2008/2093; there are other amending instruments but none are relevant.

[^f00021]: Section 293A was inserted by section 82(1) of the 2004 Act.

[^f00022]: Do you need this in the light of (a)?Section 76A was inserted by section 44 of the 2004 Act and section 77 was amended by paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34), section 40(2)(d) of the 2004 Act and is to be amended by paragraphs 1 and 2 of Schedule 10 to the Planning Act 2008 (c. 29) on a date to be appointed.

[^f00023]: 1998 c. 45; Schedule 1 was amended by S.I. 2009/837.

[^f00024]: Paragraph 7 of Schedule 1 was substituted by section 118(1) of, and paragraphs 1 and 16 of Schedule 6 to, the 2004 Act, and was amended by paragraph 3 of Schedule 5 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20).

[^f00025]: Section 91 was amended by section 51(1) of the 2004 Act and there have been other amendments not relevant to this instrument.

[^f00026]: S.I. 1995/418; Part 24 of Schedule 2 was substituted by S.I. 2001/2718.

[^f00027]: Paragraph 4(2) of Schedule 1 was amended by sections 19(2) and 84 of, and paragraph 53 of Schedule 7 and Part I of Schedule 19 to, the Planning and Compensation Act 1991 (c. 34).

[^f00028]: 1990 c. 9; paragraph 3 of Schedule 4 was substituted by paragraph 61 of Schedule 7 to the Planning and Compensation Act 1991 and amended by sections 78 and 120 of, and paragraph 33(7) of Schedule 10 and Schedule 24 to, the Environment Act 1995 (c. 25).

[^f00029]: Sections 191 and 192 were substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34).

[^f00030]: Paragraph 8(1) of Schedule 1 was substituted by paragraph 53 of Schedule 7 to the Planning and Compensation Act 1991. There are amendments to paragraph 8 which are not relevant to this Order.

[^f00031]: S.I. 1999/293. Column 1 of the table in Schedule 2 was amended by S.I. 2006/3295 and 2007/1067.

[^f00032]: 1980 c. 66.

[^f00033]: Section 71was amended by section 16(2) of, and paragraph 15 of Schedule 7 to, the Planning and Compensation Act 1991.

[^f00034]: Section 76A was inserted by section 44 of the 2004 Act and section 77 was amended by paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34), section 40(2)(d) of the 2004 Act and is to be amended by paragraphs 1 and 2 of Schedule 10 to the Planning Act 2008 (c. 29) on a date to be appointed.

[^f00035]: Section 293A was inserted by section 82(1) of the 2004 Act.

[^f00036]: Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991, sections 40(2)(e) and 43(2) of the 2004 Act and paragraphs 1 and 3 of Schedule 10 (amendments in force for certain purposes and to come into force for remaining purposes on a date to be appointed, see S.I. 2009/400) and paragraphs 1 and 2 of Schedule 11 to the Planning Act 2008.

[^f00037]: In relation to an application for EIA development, see S.I. 1999/293.

[^f00038]: Section 62 was substituted by section 42(1) of the 2004 Act.

[^f00039]: Section 71(1) was substituted by section 16(2) of the Planning and Compensation Act 1991.

[^f00040]: S.I. 1995/418; Part 24 of Schedule 2 was amended by S.I. 2001/2718, 2003/2155 and 2004/945.

[^f00041]: Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991 (c. 34), sections 40(2)(e) and 43(2) of the 2004 Act and paragraphs 1 and 3 of Schedule 10 (amendments in force for certain purposes and to come into force for remaining purposes on a date to be appointed, see S.I. 2009/400) and paragraphs 1 and 2 of Schedule 11 to the Planning Act 2008 (c.29).

[^f00042]: See section 1 of the Natural Environment and Rural Communities Act 2006 (c. 16).

[^f00043]: Seesection 1(1) of the Environment Act 1995 (c. 25).

[^f00044]: See section 32 of the National Heritage Act 1983 (c. 47). This body is also known as English Heritage.

[^f00045]: See section 1 of the Regional Development Agencies Act 1998 (c. 45).

[^f00046]: 2003 c. 21.

[^f00047]: Seesection 18 of the National Health Service Act 2006 (c. 41).

[^f00048]: 1989 c. 29; section 6 was substituted by section 30 of the Utilities Act 2000 (c. 27), subsection (1)(b) was substituted by section 136(1) of the Energy Act 2004 (c. 20) and subsection (1)(c) was amended by section 197(9) of, and Part 1 of Schedule 23 to, the Energy Act 2004.

[^f00049]: 1986 c. 44; section 7 was substituted by section 5 of the Gas Act 1995 (c. 45) and subsection (2) was amended by sections 3(2) and 76 of, and paragraphs 1 and 4 of Part I of Schedule 6 to, the Utilities Act 2000.

[^f00050]: Section 61B was inserted by section 40(1) of the 2004 Act.

[^f00051]: S.I. 1999/293, to which there are amendments not relevant to this article.

[^f00052]: Sections 191 and 192 were substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34).

[^f00053]: Section 195 was amended by paragraph 32 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34) and paragraphs 1 and 3 of Schedule 11 to the Planning Act 2008 (c. 29) and is to be amended by paragraphs 1 and 7 of Schedule 10 to the Planning Act 2008 on a date to be appointed.

[^f00054]: Section 193 was substituted by section 10(1) of the Planning and Compensation Act 1991.

[^f00055]: Section 293A was inserted by section 82(1) of the 2004 Act.

[^f00056]: Section 77 was amended by paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34), section 40(2)(d) of the 2004 Act and is to be amended by paragraphs 1 and 2 of Schedule 10 to the Planning Act 2008 (c. 29) on a date to be appointed.

[^f00057]: Section 174 was amended by section 6(1) and 84(6) of, and paragraph 22 of Schedule 7 and Part I of Schedule 19 to, the Planning and Compensation Act 1991 and S.I. 2003/956.

[^f00058]: Sections 191 and 192 were substituted by section 10(1) of the Planning and Compensation Act 1991.

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Para	Description of Development	Description of Development	Description of Development	Consultee
Interpretation of Table In the above Table— in paragraph (e)(iv), “industrial process” means a process for or incidental to any of the following purposes— the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording); the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine (and in this paragraph, “mine” means any site on which mining operations are carried out); in paragraph (f)(ii), “network” and “operator” have the same meaning as in Part I of the Railways Act 1993 (the provision of railway services)[^f00071]; in paragraphs (g) and (h), “classified road” means a highway or proposed highway which— is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980 (general provision as to principal and classified roads)[^f00072]; or is classified for the purposes of any enactment by the Secretary of State by virtue of section 12(3) of that Act; in paragraph (i), “concessionaire”, “road subject to a concession” and “toll order” have the same meaning as in Part 1 of the New Roads and Street Works Act 1991 (new roads in England and Wales)[^f00073]; in paragraph (j), “street” has the same meaning as in section 48(1) of the New Roads and Street Works Act 1991 (streets, street works and undertakers), and “new street” includes a continuation of an existing street; in paragraph (o), “scheduled monument” has the same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments)[^f00074]; in paragraph (q), “main river” has the same meaning as in section 113 of the Water Resources Act 1991 (interpretation of Part 4 – flood defence)[^f00075]; in paragraph (t), “slurry” means animal faeces and urine (whether or not water has been added for handling), and “caravan” has the same meaning as for the purposes of Part 1 of the Caravan Sites and Control of Development Act 1960 (caravan sites)[^f00076]; in paragraph (v), “site of special scientific interest” means land to which section 28(1) of the Wildlife and Countryside Act 1981 (sites of special scientific interest) applies; in paragraph (w), “theatre” has the same meaning as in section 5 of the Theatres Trust Act 1976 (interpretation)[^f00077]; in paragraph (za)— “playing field” means the whole of a site which encompasses at least one playing pitch; “playing pitch” means a delineated area which, together with any run-off area, is of 0.2 hectares or more, and which is used for association football, American football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball, Australian football, Gaelic football, shinty, hurling, polo or cycle polo; the expressions used in paragraph (zc) have the same meaning as in Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances[^f00078], as amended by Council Directive 2003/105/EC[^f00079]; in paragraph (zd), “regional development agency” means a development agency established under section 1 of the Regional Development Agencies Act 1998 (establishment)[^f00080] and “regional development agency’s strategy” is a strategy formulated and kept under review under section 7 (strategy) or section 7A (the London Development Agency strategy) of that Act[^f00081]; and in paragraph (ze)— “Flood Zone 1” means land which has a less than a 1 in 1000 annual probability of river or sea flooding[^f00082]; “Flood Zone 2” means land which has— between a 1 in 100 and 1 in 1000 annual probability of river flooding; or between a 1 in 200 and 1 in 1000 annual probability of sea flooding; “Flood Zone 3” means land which has— a 1 in 100 or greater annual probability of river flooding; or a 1 in 200 or greater annual probability of sea flooding; and “minor development” means— development of an existing dwellinghouse, or development within the curtilage of such a dwellinghouse, for any purpose incidental to the enjoyment of the dwellinghouse as such; the extension of an existing building used for non-domestic purposes where the floorspace created by the development does not exceed 250 square metres; and the alteration of an existing building where the alteration does not increase the size of the building.	Interpretation of Table In the above Table— in paragraph (e)(iv), “industrial process” means a process for or incidental to any of the following purposes— the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording); the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine (and in this paragraph, “mine” means any site on which mining operations are carried out); in paragraph (f)(ii), “network” and “operator” have the same meaning as in Part I of the Railways Act 1993 (the provision of railway services)[^f00071]; in paragraphs (g) and (h), “classified road” means a highway or proposed highway which— is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980 (general provision as to principal and classified roads)[^f00072]; or is classified for the purposes of any enactment by the Secretary of State by virtue of section 12(3) of that Act; in paragraph (i), “concessionaire”, “road subject to a concession” and “toll order” have the same meaning as in Part 1 of the New Roads and Street Works Act 1991 (new roads in England and Wales)[^f00073]; in paragraph (j), “street” has the same meaning as in section 48(1) of the New Roads and Street Works Act 1991 (streets, street works and undertakers), and “new street” includes a continuation of an existing street; in paragraph (o), “scheduled monument” has the same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments)[^f00074]; in paragraph (q), “main river” has the same meaning as in section 113 of the Water Resources Act 1991 (interpretation of Part 4 – flood defence)[^f00075]; in paragraph (t), “slurry” means animal faeces and urine (whether or not water has been added for handling), and “caravan” has the same meaning as for the purposes of Part 1 of the Caravan Sites and Control of Development Act 1960 (caravan sites)[^f00076]; in paragraph (v), “site of special scientific interest” means land to which section 28(1) of the Wildlife and Countryside Act 1981 (sites of special scientific interest) applies; in paragraph (w), “theatre” has the same meaning as in section 5 of the Theatres Trust Act 1976 (interpretation)[^f00077]; in paragraph (za)— “playing field” means the whole of a site which encompasses at least one playing pitch; “playing pitch” means a delineated area which, together with any run-off area, is of 0.2 hectares or more, and which is used for association football, American football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball, Australian football, Gaelic football, shinty, hurling, polo or cycle polo; the expressions used in paragraph (zc) have the same meaning as in Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances[^f00078], as amended by Council Directive 2003/105/EC[^f00079]; in paragraph (zd), “regional development agency” means a development agency established under section 1 of the Regional Development Agencies Act 1998 (establishment)[^f00080] and “regional development agency’s strategy” is a strategy formulated and kept under review under section 7 (strategy) or section 7A (the London Development Agency strategy) of that Act[^f00081]; and in paragraph (ze)— “Flood Zone 1” means land which has a less than a 1 in 1000 annual probability of river or sea flooding[^f00082]; “Flood Zone 2” means land which has— between a 1 in 100 and 1 in 1000 annual probability of river flooding; or between a 1 in 200 and 1 in 1000 annual probability of sea flooding; “Flood Zone 3” means land which has— a 1 in 100 or greater annual probability of river flooding; or a 1 in 200 or greater annual probability of sea flooding; and “minor development” means— development of an existing dwellinghouse, or development within the curtilage of such a dwellinghouse, for any purpose incidental to the enjoyment of the dwellinghouse as such; the extension of an existing building used for non-domestic purposes where the floorspace created by the development does not exceed 250 square metres; and the alteration of an existing building where the alteration does not increase the size of the building.	Interpretation of Table In the above Table— in paragraph (e)(iv), “industrial process” means a process for or incidental to any of the following purposes— the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording); the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine (and in this paragraph, “mine” means any site on which mining operations are carried out); in paragraph (f)(ii), “network” and “operator” have the same meaning as in Part I of the Railways Act 1993 (the provision of railway services)[^f00071]; in paragraphs (g) and (h), “classified road” means a highway or proposed highway which— is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980 (general provision as to principal and classified roads)[^f00072]; or is classified for the purposes of any enactment by the Secretary of State by virtue of section 12(3) of that Act; in paragraph (i), “concessionaire”, “road subject to a concession” and “toll order” have the same meaning as in Part 1 of the New Roads and Street Works Act 1991 (new roads in England and Wales)[^f00073]; in paragraph (j), “street” has the same meaning as in section 48(1) of the New Roads and Street Works Act 1991 (streets, street works and undertakers), and “new street” includes a continuation of an existing street; in paragraph (o), “scheduled monument” has the same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments)[^f00074]; in paragraph (q), “main river” has the same meaning as in section 113 of the Water Resources Act 1991 (interpretation of Part 4 – flood defence)[^f00075]; in paragraph (t), “slurry” means animal faeces and urine (whether or not water has been added for handling), and “caravan” has the same meaning as for the purposes of Part 1 of the Caravan Sites and Control of Development Act 1960 (caravan sites)[^f00076]; in paragraph (v), “site of special scientific interest” means land to which section 28(1) of the Wildlife and Countryside Act 1981 (sites of special scientific interest) applies; in paragraph (w), “theatre” has the same meaning as in section 5 of the Theatres Trust Act 1976 (interpretation)[^f00077]; in paragraph (za)— “playing field” means the whole of a site which encompasses at least one playing pitch; “playing pitch” means a delineated area which, together with any run-off area, is of 0.2 hectares or more, and which is used for association football, American football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball, Australian football, Gaelic football, shinty, hurling, polo or cycle polo; the expressions used in paragraph (zc) have the same meaning as in Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances[^f00078], as amended by Council Directive 2003/105/EC[^f00079]; in paragraph (zd), “regional development agency” means a development agency established under section 1 of the Regional Development Agencies Act 1998 (establishment)[^f00080] and “regional development agency’s strategy” is a strategy formulated and kept under review under section 7 (strategy) or section 7A (the London Development Agency strategy) of that Act[^f00081]; and in paragraph (ze)— “Flood Zone 1” means land which has a less than a 1 in 1000 annual probability of river or sea flooding[^f00082]; “Flood Zone 2” means land which has— between a 1 in 100 and 1 in 1000 annual probability of river flooding; or between a 1 in 200 and 1 in 1000 annual probability of sea flooding; “Flood Zone 3” means land which has— a 1 in 100 or greater annual probability of river flooding; or a 1 in 200 or greater annual probability of sea flooding; and “minor development” means— development of an existing dwellinghouse, or development within the curtilage of such a dwellinghouse, for any purpose incidental to the enjoyment of the dwellinghouse as such; the extension of an existing building used for non-domestic purposes where the floorspace created by the development does not exceed 250 square metres; and the alteration of an existing building where the alteration does not increase the size of the building.	Interpretation of Table In the above Table— in paragraph (e)(iv), “industrial process” means a process for or incidental to any of the following purposes— the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording); the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine (and in this paragraph, “mine” means any site on which mining operations are carried out); in paragraph (f)(ii), “network” and “operator” have the same meaning as in Part I of the Railways Act 1993 (the provision of railway services)[^f00071]; in paragraphs (g) and (h), “classified road” means a highway or proposed highway which— is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980 (general provision as to principal and classified roads)[^f00072]; or is classified for the purposes of any enactment by the Secretary of State by virtue of section 12(3) of that Act; in paragraph (i), “concessionaire”, “road subject to a concession” and “toll order” have the same meaning as in Part 1 of the New Roads and Street Works Act 1991 (new roads in England and Wales)[^f00073]; in paragraph (j), “street” has the same meaning as in section 48(1) of the New Roads and Street Works Act 1991 (streets, street works and undertakers), and “new street” includes a continuation of an existing street; in paragraph (o), “scheduled monument” has the same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments)[^f00074]; in paragraph (q), “main river” has the same meaning as in section 113 of the Water Resources Act 1991 (interpretation of Part 4 – flood defence)[^f00075]; in paragraph (t), “slurry” means animal faeces and urine (whether or not water has been added for handling), and “caravan” has the same meaning as for the purposes of Part 1 of the Caravan Sites and Control of Development Act 1960 (caravan sites)[^f00076]; in paragraph (v), “site of special scientific interest” means land to which section 28(1) of the Wildlife and Countryside Act 1981 (sites of special scientific interest) applies; in paragraph (w), “theatre” has the same meaning as in section 5 of the Theatres Trust Act 1976 (interpretation)[^f00077]; in paragraph (za)— “playing field” means the whole of a site which encompasses at least one playing pitch; “playing pitch” means a delineated area which, together with any run-off area, is of 0.2 hectares or more, and which is used for association football, American football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball, Australian football, Gaelic football, shinty, hurling, polo or cycle polo; the expressions used in paragraph (zc) have the same meaning as in Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances[^f00078], as amended by Council Directive 2003/105/EC[^f00079]; in paragraph (zd), “regional development agency” means a development agency established under section 1 of the Regional Development Agencies Act 1998 (establishment)[^f00080] and “regional development agency’s strategy” is a strategy formulated and kept under review under section 7 (strategy) or section 7A (the London Development Agency strategy) of that Act[^f00081]; and in paragraph (ze)— “Flood Zone 1” means land which has a less than a 1 in 1000 annual probability of river or sea flooding[^f00082]; “Flood Zone 2” means land which has— between a 1 in 100 and 1 in 1000 annual probability of river flooding; or between a 1 in 200 and 1 in 1000 annual probability of sea flooding; “Flood Zone 3” means land which has— a 1 in 100 or greater annual probability of river flooding; or a 1 in 200 or greater annual probability of sea flooding; and “minor development” means— development of an existing dwellinghouse, or development within the curtilage of such a dwellinghouse, for any purpose incidental to the enjoyment of the dwellinghouse as such; the extension of an existing building used for non-domestic purposes where the floorspace created by the development does not exceed 250 square metres; and the alteration of an existing building where the alteration does not increase the size of the building.	Interpretation of Table In the above Table— in paragraph (e)(iv), “industrial process” means a process for or incidental to any of the following purposes— the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording); the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine (and in this paragraph, “mine” means any site on which mining operations are carried out); in paragraph (f)(ii), “network” and “operator” have the same meaning as in Part I of the Railways Act 1993 (the provision of railway services)[^f00071]; in paragraphs (g) and (h), “classified road” means a highway or proposed highway which— is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980 (general provision as to principal and classified roads)[^f00072]; or is classified for the purposes of any enactment by the Secretary of State by virtue of section 12(3) of that Act; in paragraph (i), “concessionaire”, “road subject to a concession” and “toll order” have the same meaning as in Part 1 of the New Roads and Street Works Act 1991 (new roads in England and Wales)[^f00073]; in paragraph (j), “street” has the same meaning as in section 48(1) of the New Roads and Street Works Act 1991 (streets, street works and undertakers), and “new street” includes a continuation of an existing street; in paragraph (o), “scheduled monument” has the same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments)[^f00074]; in paragraph (q), “main river” has the same meaning as in section 113 of the Water Resources Act 1991 (interpretation of Part 4 – flood defence)[^f00075]; in paragraph (t), “slurry” means animal faeces and urine (whether or not water has been added for handling), and “caravan” has the same meaning as for the purposes of Part 1 of the Caravan Sites and Control of Development Act 1960 (caravan sites)[^f00076]; in paragraph (v), “site of special scientific interest” means land to which section 28(1) of the Wildlife and Countryside Act 1981 (sites of special scientific interest) applies; in paragraph (w), “theatre” has the same meaning as in section 5 of the Theatres Trust Act 1976 (interpretation)[^f00077]; in paragraph (za)— “playing field” means the whole of a site which encompasses at least one playing pitch; “playing pitch” means a delineated area which, together with any run-off area, is of 0.2 hectares or more, and which is used for association football, American football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball, Australian football, Gaelic football, shinty, hurling, polo or cycle polo; the expressions used in paragraph (zc) have the same meaning as in Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances[^f00078], as amended by Council Directive 2003/105/EC[^f00079]; in paragraph (zd), “regional development agency” means a development agency established under section 1 of the Regional Development Agencies Act 1998 (establishment)[^f00080] and “regional development agency’s strategy” is a strategy formulated and kept under review under section 7 (strategy) or section 7A (the London Development Agency strategy) of that Act[^f00081]; and in paragraph (ze)— “Flood Zone 1” means land which has a less than a 1 in 1000 annual probability of river or sea flooding[^f00082]; “Flood Zone 2” means land which has— between a 1 in 100 and 1 in 1000 annual probability of river flooding; or between a 1 in 200 and 1 in 1000 annual probability of sea flooding; “Flood Zone 3” means land which has— a 1 in 100 or greater annual probability of river flooding; or a 1 in 200 or greater annual probability of sea flooding; and “minor development” means— development of an existing dwellinghouse, or development within the curtilage of such a dwellinghouse, for any purpose incidental to the enjoyment of the dwellinghouse as such; the extension of an existing building used for non-domestic purposes where the floorspace created by the development does not exceed 250 square metres; and the alteration of an existing building where the alteration does not increase the size of the building.
(a)	Development likely to affect land in a National Park	Development likely to affect land in a National Park	Development likely to affect land in a National Park	The National Park authority
(b)	Development likely to affect land in Greater London or in a metropolitan county other than land in a National Park	Development likely to affect land in Greater London or in a metropolitan county other than land in a National Park	Development likely to affect land in Greater London or in a metropolitan county other than land in a National Park	The local planning authority concerned
(c)	Development likely to affect land in a non-metropolitan county other than land in a National Park	Development likely to affect land in a non-metropolitan county other than land in a National Park	Development likely to affect land in a non-metropolitan county other than land in a National Park	The district planning authority concerned or, where there is no district planning authority in relation to the land, the county planning authority concerned
(d)	Development, in relation to which an application for planning permission has been made to the Secretary of State under section 293A of the 1990 Act (urgent Crown development: application)[^f00067], where that development is likely to affect land in the area of a parish council	Development, in relation to which an application for planning permission has been made to the Secretary of State under section 293A of the 1990 Act (urgent Crown development: application)[^f00067], where that development is likely to affect land in the area of a parish council	Development, in relation to which an application for planning permission has been made to the Secretary of State under section 293A of the 1990 Act (urgent Crown development: application)[^f00067], where that development is likely to affect land in the area of a parish council	The parish council
(e)	Development within an area which has been notified to the local planning authority by the Health and Safety Executive for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances and which involves the provision of—	Development within an area which has been notified to the local planning authority by the Health and Safety Executive for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances and which involves the provision of—	Development within an area which has been notified to the local planning authority by the Health and Safety Executive for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances and which involves the provision of—	The Health and Safety Executive
	(i)	Residential accommodation;	Residential accommodation;
	(ii)	More than 250 square metres of retail floor space;	More than 250 square metres of retail floor space;
	(iii)	More than 500 square metres of office floor space; or	More than 500 square metres of office floor space; or
	(iv)	More than 750 square metres of floor space to be used for an industrial process,	More than 750 square metres of floor space to be used for an industrial process,
	or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area	or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area	or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area
(f)	Development likely to result in a material increase in the volume or a material change in the character of traffic—	Development likely to result in a material increase in the volume or a material change in the character of traffic—	Development likely to result in a material increase in the volume or a material change in the character of traffic—
	(i)	Entering or leaving a trunk road; or	Entering or leaving a trunk road; or	The Secretary of State for Transport
	(ii)	using a level crossing over a railway	using a level crossing over a railway	The operator of the network which includes or consists of the railway in question, and the Secretary of State for Transport
(g)	Development likely to result in a material increase in the volume or a material change in the character of traffic entering or leaving a classified road or proposed highway	Development likely to result in a material increase in the volume or a material change in the character of traffic entering or leaving a classified road or proposed highway	Development likely to result in a material increase in the volume or a material change in the character of traffic entering or leaving a classified road or proposed highway	The local highway authority concerned
(h)	Development likely to prejudice the improvement or construction of a classified road or proposed highway	Development likely to prejudice the improvement or construction of a classified road or proposed highway	Development likely to prejudice the improvement or construction of a classified road or proposed highway	The local highway authority concerned
(i)	Development involving—	Development involving—	Development involving—
	(i)	the formation, laying out or alteration of any means of access to a highway (other than a trunk road); or	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
	(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	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	The local highway authority concerned, and in the case of a road subject to a concession, the concessionaire
(j)	Development which consists of or includes the laying out or construction of a new street	Development which consists of or includes the laying out or construction of a new street	Development which consists of or includes the laying out or construction of a new street	The local highway authority
(k)	Development which involves the provision of a building or pipe-line in an area of coal working notified by the Coal Authority to the local planning authority	Development which involves the provision of a building or pipe-line in an area of coal working notified by the Coal Authority to the local planning authority	Development which involves the provision of a building or pipe-line in an area of coal working notified by the Coal Authority to the local planning authority	The Coal Authority
(l)	Development involving or including mining operations	Development involving or including mining operations	Development involving or including mining operations	The Environment Agency
(m)	Development within 3 kilometres of Windsor Castle, Windsor Great Park, or Windsor Home Park, or within 800 metres of any other royal palace or park, which might affect the amenities (including security) of that palace or park	Development within 3 kilometres of Windsor Castle, Windsor Great Park, or Windsor Home Park, or within 800 metres of any other royal palace or park, which might affect the amenities (including security) of that palace or park	Development within 3 kilometres of Windsor Castle, Windsor Great Park, or Windsor Home Park, or within 800 metres of any other royal palace or park, which might affect the amenities (including security) of that palace or park	The Historic Buildings and Monuments Commission for England
(n)	Development of land in Greater London involving the demolition, in whole or part, or the material alteration of a listed building	Development of land in Greater London involving the demolition, in whole or part, or the material alteration of a listed building	Development of land in Greater London involving the demolition, in whole or part, or the material alteration of a listed building	The Historic Buildings and Monuments Commission for England
(o)	Development likely to affect the site of a scheduled monument	Development likely to affect the site of a scheduled monument	Development likely to affect the site of a scheduled monument	The Historic Buildings and Monuments Commission for England
(p)	Development likely to affect any garden or park of special historic interest which is registered in accordance with section 8C of the Historic Buildings and Ancient Monuments Act 1953 (register of gardens)[^f00068] and which is classified as Grade I or Grade II*	Development likely to affect any garden or park of special historic interest which is registered in accordance with section 8C of the Historic Buildings and Ancient Monuments Act 1953 (register of gardens)[^f00068] and which is classified as Grade I or Grade II*	Development likely to affect any garden or park of special historic interest which is registered in accordance with section 8C of the Historic Buildings and Ancient Monuments Act 1953 (register of gardens)[^f00068] and which is classified as Grade I or Grade II*	The Historic Buildings and Monuments Commission for England
(q)	Development involving—	Development involving—	Development involving—	The Environment Agency
(q)	(i)	the carrying out of works or operations in the bed of, or within 20 metres of the top of a bank of, a main river which has been notified to the local planning authority by the Environment Agency as a main river for the purposes of this provision; or	the carrying out of works or operations in the bed of, or within 20 metres of the top of a bank of, a main river which has been notified to the local planning authority by the Environment Agency as a main river for the purposes of this provision; or	The Environment Agency
(q)	(ii)	the culverting or control of flow of any river or stream	the culverting or control of flow of any river or stream	The Environment Agency
(r)	Development for the purpose of refining or storing mineral oils and their derivatives	Development for the purpose of refining or storing mineral oils and their derivatives	Development for the purpose of refining or storing mineral oils and their derivatives	The Environment Agency
(s)	Development involving the use of land for the deposit of refuse or waste	Development involving the use of land for the deposit of refuse or waste	Development involving the use of land for the deposit of refuse or waste	The Environment Agency
(t)	Development relating to the retention, treatment or disposal of sewage, trade-waste, slurry or sludge (other than the laying of sewers, the construction of pumphouses in a line of sewers, the construction of septic tanks and cesspools serving single dwellinghouses or single caravans or single buildings in which not more than 10 people will normally reside, work or congregate, and works ancillary to those matters)	Development relating to the retention, treatment or disposal of sewage, trade-waste, slurry or sludge (other than the laying of sewers, the construction of pumphouses in a line of sewers, the construction of septic tanks and cesspools serving single dwellinghouses or single caravans or single buildings in which not more than 10 people will normally reside, work or congregate, and works ancillary to those matters)	Development relating to the retention, treatment or disposal of sewage, trade-waste, slurry or sludge (other than the laying of sewers, the construction of pumphouses in a line of sewers, the construction of septic tanks and cesspools serving single dwellinghouses or single caravans or single buildings in which not more than 10 people will normally reside, work or congregate, and works ancillary to those matters)	The Environment Agency
(u)	Development relating to the use of land as a cemetery	Development relating to the use of land as a cemetery	Development relating to the use of land as a cemetery	The Environment Agency
(v)	Development—	Development—	Development—	Natural England
	(i)	in or likely to affect a site of special scientific interest; or	in or likely to affect a site of special scientific interest; or
	(ii)	within an area which has been notified to the local planning authority by Natural England, and which is within 2 kilometres of a site of special scientific interest,	within an area which has been notified to the local planning authority by Natural England, and which is within 2 kilometres of a site of special scientific interest,
	of which notification has been given, or has effect as if given, to the local planning authority by Natural England, in accordance with section 28 of the Wildlife and Countryside Act 1981 (sites of special scientific interest)[^f00069]	of which notification has been given, or has effect as if given, to the local planning authority by Natural England, in accordance with section 28 of the Wildlife and Countryside Act 1981 (sites of special scientific interest)[^f00069]	of which notification has been given, or has effect as if given, to the local planning authority by Natural England, in accordance with section 28 of the Wildlife and Countryside Act 1981 (sites of special scientific interest)[^f00069]
(w)	Development involving any land on which there is a theatre	Development involving any land on which there is a theatre	Development involving any land on which there is a theatre	The Theatres Trust
(x)	Development which is not for agricultural purposes and is not in accordance with the provisions of a development plan and involves—	Development which is not for agricultural purposes and is not in accordance with the provisions of a development plan and involves—	Development which is not for agricultural purposes and is not in accordance with the provisions of a development plan and involves—	The Secretary of State for the Environment, Food and Rural Affairs
	(i)	the loss of not less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes; or	the loss of not less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes; or