Town and Country Planning (Use Classes) Order 1963

JurisdictionUK Non-devolved
CitationSI 1963/708
Year1963

1963 No. 708

TOWN AND COUNTRY PLANNING,

ENGLAND AND WALES

The Town and Country Planning (Use Classes) Order 1963

29thMarch 1963

1stMay 1963

The Minister of Housing and Local Government, in exercise of the powers conferred on him by section 12 of the Town and Country Planning Act 1962(a) and of all other powers enabling him in that behalf, hereby makes the following order:—

Citation and Commencement

1. This order may be cited as the Town and Country Planning (Use Classes) Order 1963 and shall come into operation on 1st May 1963.

Interpretation

2.—(1) The Interpretation Act 1889(b) shall apply to the interpretation of this order as it applies to the interpretation of an Act of Parliament.

(2) In this order—

"the Act" means the Town and Country Planning Act 1962;

"shop" means a building used for the carrying on of any retail trade or retail business wherein the primary purpose is the selling of goods by retail, and includes a building used for the purposes of a hairdresser, undertaker or ticket agency or for the reception of goods to be washed, cleaned or repaired, or for any other purpose appropriate to a shopping area, but does not include a building used as a funfair, garage, petrol filling station, office, betting office, or hotel or premises (other than a restaurant) licensed for the sale of intoxicating liquors for consumption on the premises;

"funfair" includes an amusement arcade or pin-table saloon;

"office" includes a bank, but does not include a post office or betting office;

"betting office" means any building in respect of which there is for the time being in force a betting office licence pursuant to the provisions of the Betting and Gaming Act 1960(c);

"industrial building" means a building (other than a building in or adjacent to and belonging to a quarry or mine and other than a shop) used for the carrying on of any process for or incidental to any of the following purposes, namely:—

(a) the making of any article or of part of any article, or

(a) 10 & 11 Eliz. 2. c. 38.

(b) 52 & 53 Vict. c. 63.

(c) 8 & 9 Eliz. 2. c. 60.

(b) the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolition of any article, or

(c) without prejudice to the foregoing paragraphs, the getting, dressing or treatment of minerals,

being a process carried on in the course of trade or business other than agriculture, and for the purposes of this definition the expression "article" means an article of any description, including a ship or vessel;

"light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit;

"general industrial building" means an industrial building other than a light industrial building or a special industrial building;

"special industrial building" means an industrial building used for one or more of the purposes specified in classes V, VI, VII, VIII and IX referred to in the schedule to this order;

"motor vehicle" means any motor vehicle for the purposes of the Road Traffic Act 1960(a).

(3) References in this order to a building may, except where otherwise provided, include references to land...

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