The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/746 |
| Year | 2021 |
2021 No. 746
Town And Country Planning, England
The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2021
Made 22th June 2021
Laid before Parliament 24th June 2021
Coming into force 16th July 2021
The Secretary of State makes this Order in exercise of the powers conferred by sections 59(1), 62(1), 65(1), 69(1), 71(1) and (2), 74(1), 76C(2) and (3) and 333(1), (2A) and (7) of, and paragraphs 6(1), 7(7)(c) and 8(6) of Schedule 1 to the Town and Country Planning Act 19901, sections 54(4) and 122(3) of the Planning and Compulsory Purchase Act 20042and section 33 of the Growth and Infrastructure Act 20133.
PART 1
Citation, commencement and application
1.—(1) This Order may be cited as the Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2021.
(2) This Order applies in relation to England only.
(3) This Order comes into force on 16th July 2021.
(4) Article 19(2) of this Order applies in relation to applications for planning permission4made on or after the coming in to force of this Order.
(5) The remaining provisions of this Order apply in relation to applications for planning permission made on or after 1 August 2021.
PART 2
Amendments to the Town and Country Planning (Development Management Procedure) (England) Order 2015
2. The Town and Country Planning (Development Management Procedure) (England) Order 20155is amended in accordance with articles 3 to 19.
Amendment of article 2 (interpretation)
3.—(1) Article 2 is amended in accordance with paragraphs (2) to (6).
(2) After the definition of “contaminated land” insert—
““criminal justice accommodation” means—
(a) a prison within the meaning of the Prison Act 19526; or
(b) a place for the detention of young persons within the meaning of section 43 of that Act;”.
(3) After the definition of “floor space” insert—
““health service hospital” means a hospital vested in—
(a) an NHS body within the meaning of paragraph 7(4) of Schedule 3 to the Care Act 20147; or
(b) the Secretary of State for the purpose of his functions under the National Health Services Act 20068;
“hospital” means—
(a) an institution for the reception and treatment of persons suffering from illness;
(b) a maternity home; or
(c) an institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,
and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution;”.
(4) After the definition of “householder application” insert—
““illness” includes mental disorder within the meaning of the Mental Health Act 19839and any injury or disability requiring medical or dental treatment or nursing;”.
(5) After the definition of “public holiday” insert—
““public service infrastructure development” means major development, which is not EIA development, where the main purpose of the development is—
(a) the provision of—
(i) a health service hospital;
(ii) a school or institution within the further education sector; or
(iii) an institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 199210; or
(iv) criminal justice accommodation; or
(b) works for the extension or alteration of—
(i) a health service hospital;
(ii) a school or institution within the further education sector; or
(iii) an institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992; or
(iv) criminal justice accommodation; ”.
(6) After the definition of “scale” insert—
““school or institution within the further education sector” means a school or institution within the further education sector which is—
(a) an Academy within the meaning of the Academies Act 201011;
(b) a school maintained by a local authority as defined in section 142(1) of the School Standards and Framework Act 199812;
(c) a school which is specially organised to make special educational provision for pupils with special educational needs and is approved by the Secretary of State under section 342 of the Education Act 199613;
(d) an independent education institution approved under section 41 of the Children and Families Act 201414; or
(e) an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992;”.
Insertion of new article 9A
4. After article 9 insert—
“Fire Statements
9A.—(1) Paragraph (4) applies to an application for planning permission for—
(a)
(a) development which involves the provision of one or more buildings15to which paragraph (2) applies (“a relevant building”);
(b)
(b) development of an existing relevant building; or
(c)
(c) development within the curtilage of a relevant building.
(2) This paragraph applies to a building which satisfies the height condition in paragraph (3) and contains—
(a)
(a) two or more dwellings; or
(b)
(b) educational accommodation.
(3) The height condition is that—
(a)
(a) the building is 18 metres or more in height; or
(b)
(b) the building contains 7 or more storeys.
(4) An application for planning permission to which this paragraph applies, must, except where paragraph (6) applies, be accompanied by a statement (“a fire statement”) about the fire safety design principles, concepts and standards that have been applied to the development.
(5) A fire statement must—
(a)
(a) be on a form published by the Secretary of State (or a form substantially to the same effect); and
(b)
(b) include the particulars specified or referred to in the form.
(6) This paragraph applies—
(a)
(a) where—
(i) the application is for a material change in use of a relevant building; and
(ii) the material change of use would result in the building no longer being a relevant building;
(b)
(b) where the application is—
(i) for a material change in use of land or buildings within the curtilage of a relevant building; and
(ii) the material change of use would not result in the provision of one or more relevant buildings;
(c)
(c) to an application for outline planning permission16;
(d)
(d) to an application for permission to develop land without compliance with conditions previously attached made pursuant to section 73 of the 1990 Act.
(7) For the purpose of paragraph (3)—
(a)
(a) the height of a building is to be measured from ground level to the top floor surface of the top storey of the building (ignoring any storey which is a roof-top machinery or plant area or consists exclusively of machinery or plant rooms);
(b)
(b) when determining the number of storeys a building has—
(i) any storey which is below ground level is to be ignored; and
(ii) any mezzanine floor is a storey if its internal floor area is at least 50% of the internal floor area of the largest storey in the building which is not below ground level.
(8) For the purpose of this article a storey is treated as below ground level if any part of the finished surface of the ceiling of the storey is below the ground level immediately adjacent to that part of the building.
(9) In this article—
“16 to 19 Academy” has the meaning given by section 1B of the Academies Act 201017;
“boarder” includes a student who boards during the week but not at weekends;
“dwelling” includes a flat;
“educational accommodation” means—
(a) residential accommodation for the use of students who are boarders at school in connection with them attending a school; or
(b) residential accommodation for the use of students attending higher education courses, further education courses or courses at 16 to 19 Academies;
“further education” has the meaning given by section 2 of the Education Act 199618;
“ground level”, in relation to a building, means the level of the surface of the ground immediately adjacent to the building or, where the level of the surface of the ground on which the building is situated or is to be situated is not uniform, the level of the lowest part of the surface of the ground adjacent to it;
“higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 198819or an equivalent course outside England;
“school” has the meaning given by section 4 of the Education Act 199620.”.
Amendment of article 11 (general provisions relating to applications)
5. In article 11, in paragraph (2), before sub-paragraph (d) insert—
“(ca)
“(ca) in the case of an application to which article 9A applies, the fire statement;”.
Amendment of article 15 (publicity for applications for planning permission)
6. In article 15, after paragraph (10A) insert—
“10B In this article, in the case of an application for public service infrastructure development, in paragraphs (3)(a), (4)(a)(i), and (6), “21 days” is to be read, in each place it occurs, as if it were a reference to “18 days”. ”.
Amendment of article 18 (consultations before the grant of permission)
7.—(1) Article 18 is amended in accordance with paragraphs (2) and (3).
(2) In paragraph (5)(b) for “subject to paragraph (6)” substitute—
“subject to paragraphs (6) and (8)”.
(3) After paragraph (7) insert—
“8 In the case of an application for public service infrastructure development, in paragraph (5)(b), “21 days” is to be read, in each place it occurs, as if it were a reference to “18 days”.”.
Amendment of article 19...
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