Legalize / United Kingdom / Statutory-Instrument

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

PDF Download

articles Not indexed

Reform history JSON API

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

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.

2004 c. 5.

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

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

1990 c. 9.

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.

1980 c. 66.

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

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

Section 19 was amended by section 21 of the New Roads and Street Works Act 1991.

Subsection (2A) of section 55 was inserted by section 49(1) of the 2004 Act.

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).

See http://whc.unesco.org/en/conventiontext.

Section 96A was inserted by section 190 of the Planning Act 2008 (c. 29).

Section 62 was substituted by section 42(1) of the 2004 Act.

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.

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).

1981 c. 69; seesection 66. There are amendments to Part 3 which are not relevant to this Order.

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.

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

Section 293A was inserted by section 82(1) of the 2004 Act.

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.

1998 c. 45; Schedule 1 was amended by S.I. 2009/837.

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).

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

S.I. 1995/418; Part 24 of Schedule 2 was substituted by S.I. 2001/2718.

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).

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).

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

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.

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

1980 c. 66.

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

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.

Section 293A was inserted by section 82(1) of the 2004 Act.

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.

In relation to an application for EIA development, see S.I. 1999/293.

Section 62 was substituted by section 42(1) of the 2004 Act.

Section 71(1) was substituted by section 16(2) of the Planning and Compensation Act 1991.

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

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).

See section 1 of the Natural Environment and Rural Communities Act 2006 (c. 16).

Seesection 1(1) of the Environment Act 1995 (c. 25).

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

See section 1 of the Regional Development Agencies Act 1998 (c. 45).

2003 c. 21.

Seesection 18 of the National Health Service Act 2006 (c. 41).

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.

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.

Section 61B was inserted by section 40(1) of the 2004 Act.

S.I. 1999/293, to which there are amendments not relevant to this article.

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

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.

Section 193 was substituted by section 10(1) of the Planning and Compensation Act 1991.

Section 293A was inserted by section 82(1) of the 2004 Act.

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.

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.

Sections 191 and 192 were substituted by section 10(1) of the Planning and Compensation Act 1991.

Schedule 7 was amended by section 84(6) of, and Schedule 5 and Part I of Schedule 19 to, the Planning and Compensation Act 1991, section 18(1) of, and paragraph 29 of Schedule 3 to, the Tribunals and Inquiries Act 1992 (c. 53) and paragraphs 9 and 11 of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 (c. 15). Section 83 and Schedule 7 are to be amended by sections 45 and 120 of, and Schedule 9 to, the 2004 Act on a date to be appointed. Prospectively substituted paragraph 12(1A) was amended by paragraph 4 of Schedule 5 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20).

Section 288 was amended by paragraph 25 of Schedule 3 to the Tribunals and Inquiries Act 1992.

Section 188 was amended by section 84(6) of, and paragraph 30 of Schedule 7 and Part I of Schedule 19 to, the Planning and Compensation Act 1991. There are other amendments to section 188 which are not relevant to this Order.

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

Section 173 was substituted by section 5 of the Planning and Compensation Act 1991 (c. 34).

S.I. 1995/419; relevant amendments were made by S.I. 2002/828, 2003/956, 2004/3340, 2005/2087, 2006/1062, 2006/1282 and 2009/453.

Relevant amendments were made to article 8 by S.I. 1999/293, 2006/1062 and 2006/1282.

Section 293A was inserted by section 82(1) of the 2004 Act.

1953 c. 49; section 8C was inserted by section 33 of, and paragraph 10 of Schedule 4 to, the National Heritage Act 1983 (c.47).

1981 c. 69; section 28 was substituted by paragraph 1 of Schedule 9 to the Countryside and Rights of Way Act 2000 (c. 37) and amended by section 105(1) of, and paragraph 79 of Part 1 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16) and paragraph 2 of Part 2 of Schedule 13 to the Marine and Coastal Access Act 2009 (c. 23).

See sections 1 and 10 of the Transport Act 1962 (c. 46).

1993 c. 43; see section 83.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

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)⁷¹; 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)⁷²; 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)⁷³; 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)⁷⁴; 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)⁷⁵; 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)⁷⁶; 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)⁷⁷; 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 substances⁷⁸, as amended by Council Directive 2003/105/EC⁷⁹; in paragraph (zd), “regional development agency” means a development agency established under section 1 of the Regional Development Agencies Act 1998 (establishment)⁸⁰ 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 Act⁸¹; and in paragraph (ze)— “Flood Zone 1” means land which has a less than a 1 in 1000 annual probability of river or sea flooding⁸²; “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)⁷¹; 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)⁷²; 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)⁷³; 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)⁷⁴; 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)⁷⁵; 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)⁷⁶; 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)⁷⁷; 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 substances⁷⁸, as amended by Council Directive 2003/105/EC⁷⁹; in paragraph (zd), “regional development agency” means a development agency established under section 1 of the Regional Development Agencies Act 1998 (establishment)⁸⁰ 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 Act⁸¹; and in paragraph (ze)— “Flood Zone 1” means land which has a less than a 1 in 1000 annual probability of river or sea flooding⁸²; “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)⁷¹; 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)⁷²; 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)⁷³; 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)⁷⁴; 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)⁷⁵; 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)⁷⁶; 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)⁷⁷; 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 substances⁷⁸, as amended by Council Directive 2003/105/EC⁷⁹; in paragraph (zd), “regional development agency” means a development agency established under section 1 of the Regional Development Agencies Act 1998 (establishment)⁸⁰ 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 Act⁸¹; and in paragraph (ze)— “Flood Zone 1” means land which has a less than a 1 in 1000 annual probability of river or sea flooding⁸²; “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)⁷¹; 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)⁷²; 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)⁷³; 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)⁷⁴; 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)⁷⁵; 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)⁷⁶; 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)⁷⁷; 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 substances⁷⁸, as amended by Council Directive 2003/105/EC⁷⁹; in paragraph (zd), “regional development agency” means a development agency established under section 1 of the Regional Development Agencies Act 1998 (establishment)⁸⁰ 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 Act⁸¹; and in paragraph (ze)— “Flood Zone 1” means land which has a less than a 1 in 1000 annual probability of river or sea flooding⁸²; “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)⁷¹; 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)⁷²; 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)⁷³; 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)⁷⁴; 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)⁷⁵; 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)⁷⁶; 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)⁷⁷; 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 substances⁷⁸, as amended by Council Directive 2003/105/EC⁷⁹; in paragraph (zd), “regional development agency” means a development agency established under section 1 of the Regional Development Agencies Act 1998 (establishment)⁸⁰ 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 Act⁸¹; and in paragraph (ze)— “Flood Zone 1” means land which has a less than a 1 in 1000 annual probability of river or sea flooding⁸²; “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)⁶⁷, 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)⁶⁷, 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)⁶⁷, 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)⁶⁸ 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)⁶⁸ 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)⁶⁸ 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)⁶⁹	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)⁶⁹	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)⁶⁹
(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