Town and Country Planning (Tyne and Wear Urban Development Area) Special Development Order 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/1345 |
| Year | 1987 |
1987 No. 1345
TOWN AND COUNTRY PLANNING, ENGLAND AND WALES
The Town and Country Planning (Tyne and Wear Urban Development Area) Special Development Order 1987
Made 29th July 1987
Laid before Parliament 10th August 1987
Coming into force 1st October 1987
The Secretary of State for the Environment, in exercise of the powers conferred on him by section 24 of the Town and Country Planning Act 19711and section 148(2) of the Local Government, Planning and Land Act 19802and of all other powers enabling him in that behalf, hereby makes the following Order:
Application, citation and commencement
1.—(1) This Order shall apply to the Tyne and Wear urban development area.
(2) This Order may be cited as the Town and Country Planning (Tyne and Wear Urban Development Area) Special Development Order 1987 and shall come into force on 1st October 1987.
Interpretation
2. In this Order, unless the context otherwise requires—
“the 1971 Act” means the Town and Country Planning Act 1971;
“the 1980 Act” means the Local Government, Planning and Land Act 1980;
“the development area” means the area designated as an urban development area by the Tyne and Wear Development Corporation (Area and Constitution) Order 19873;
“the development corporation” means the Tyne and Wear Development Corporation;
“the General Development Order” means the Town and Country Planning General Development Order 19774; and expressions used in this Order shall have the meaning which they bear in the General Development Order;
“new street” has the same meaning as in Part X of the Highways Act 19805; and
“unapproved means of access” means a means of access which is not shown in a proposal approved by the Secretary of State under section 148(1) of the 1980 Act.
Permitted development
3. Subject to the following provisions of this Order, development within the development area in accordance with proposals approved by the Secretary of State under section 148(1) of the 1980 Act (not being development for which permission under the 1971 Act is granted or deemed to be granted otherwise than by this Order) is hereby permitted subject to such of the limitations and conditions set out in articles 4 to 6 of this Order as are applicable to that development and subject—
(a) to the development being begun within the period of five years beginning with the date on which the proposal for such development is approved by the Secretary of State or such other period (whether longer or shorter) beginning with that date as may be specified in the proposal as approved;
(b) where the development consists of or includes the erection, extension or alteration of any buildings, and is not to be carried out by the development corporation, to the approval by the corporation of the siting, design and external appearance of the buildings, means of access, provision for vehicle parking and for loading, unloading and storage of vehicles and containers, storage of materials in the open and landscaping of the site; and
(c) where the development consists of or includes the formation, laying out or alteration of a means of access to any highway used by vehicular traffic or the laying out of a new street, and the development is not to be carried out by the development corporation, to the approval by the corporation of detailed plans thereof.
Exception where section 45 order previously made
4. Where planning permission for development has been revoked by an order made under section 45 of the 1971 Act, this Order shall not permit the carrying out of development of the description which was authorised by the revoked permission on the land to which that permission applied.
Exception where section 51 order previously made
5. Where, by virtue of an order under section 51 of the 1971 Act, the use of land for any purpose is required to be discontinued, or any conditions are imposed on the continuance thereof, or where any buildings or works are required to be altered or removed, nothing in this Order shall permit the carrying out of any development which would result in the resumption of the use of the land or the replacement or restoration of the buildings or works, as the case may be, as they were before the order took effect.
Consultation before development
6.—(1) The development corporation shall, before beginning any development permitted by this Order or granting any approval required by article 3(b) or (c) of this Order, consult the district council in whose area the development is to be carried out.
(2) The development corporation shall, before beginning any development permitted by this Order or granting any approval required by article 3(b) or (c) of this Order, consult the following...
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