Town and Country Planning (General Development Procedure) Order 1995
| Jurisdiction | UK Non-devolved |
1995 No. 419
TOWN AND COUNTRY PLANNING, ENGLAND AND WALES
The Town and Country Planning (General Development Procedure) Order 1995
Made 22th February 1995
Laid before Parliament 6th March 1995
Coming into force 3rd June 1995
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 59, 61(1), 65, 69, 71, 73(3), 74, 77(4), 78, 79(4), 188, 193, 196(4), and 333(7) of, and paragraphs 5, 6, 7(6) and 8(6) of Schedule 1 to, the Town and Country Planning Act 19901and of all other powers enabling them in that behalf, hereby make the following Order—
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Town and Country Planning (General Development Procedure) Order 1995 and shall come into force on 3rd June 1995.
(2) In this Order, unless the context otherwise requires—
“the Act” means the Town and Country Planning Act 1990;
“building” includes any structure or erection, and any part of a building, as defined in this article, but does not include plant or machinery or any structure in the nature of plant or machinery;
“dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;
“environmental information” and “environmental statement” have the same meanings respectively as in regulation 2 of the Town and Country Planning (Assessment of Environmental Effects) Regulations 19882(interpretation);
“erection”, in relation to buildings as defined in this article, includes extension, alteration, or re–erection;
“flat” means a separate and self–contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;
“floor space” means the total floor space in a building or buildings;
“landscaping” means the treatment of land (other than buildings) being the site or part of the site in respect of which an outline planning permission is granted, for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes screening by fences, walls or other means, the planting of trees, hedges, shrubs or grass, the formation of banks, terraces or other earthworks, the laying out of gardens or courts, and the provision of other amenity features;
“by local advertisement” means by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated;
“mining operations” means the winning and working of minerals in, on or under land, whether by surface or underground working;
“outline planning permission” means a planning permission for the erection of a building, which is granted subject to a condition requiring the subsequent approval of the local planning authority with respect to one or more reserved matters;
“proposed highway” has the same meaning as in section 329 of the Highways Act 19803(further provision as to interpretation);
“1988 Regulations” means the Town and Country Planning (Applications) Regulations 19884;
“reserved matters” in relation to an outline planning permission, or an application for such permission, means any of the following matters in respect of which details have not been given in the application, namely—
(a) siting,
(b) design,
(c) external appearance,
(d) means of access,
(e) the landscaping of the site;
“by site display” means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;
“special road” means a highway or proposed highway which is a special road in accordance with section 16 of the Highways Act 1980 (general provisions as to special roads);
“trunk road” means a highway or proposed highway which is a trunk road by virtue of sections 10(1) or 19 of the Highways Act 19805(general provisions as to trunk roads, and certain special roads and other highways to become trunk roads) or any other enactment or any instrument made under any enactment.
Application
2.—(1) This Order applies to all land in England and Wales, but where land is the subject of a special development order, whether made before or after the commence– ment of this Order, this Order shall apply to that land only to such extent and subject to such modifications as may be specified in the special development order.
(2) Nothing in this Order shall apply to any permission which is deemed to be granted under section 222 of the Act (planning permission not needed for advertisements complying with regulations).
Applications for outline planning permission
3.—(1) Where an application is made to the local planning authority for outline planning permission, the authority may grant permission subject to a condition specifying reserved matters for the authority’s subsequent approval.
(2) Where the authority who are to determine an application for outline planning permission are of the opinion that, in the circumstances of the case, the application ought not to be considered separately from all or any of the reserved matters, they shall within the period of one month beginning with the receipt of the application notify the applicant that they are unable to determine it unless further details are submitted, specifying the further details they require.
Applications for approval of reserved matters
4. An application for approval of reserved matters—
(a) shall be made in writing to the local planning authority and shall give sufficient information to enable the authority to identify the outline planning permission in respect of which it is made;
(b) shall include such particulars, and be accompanied by such plans and drawings, as are necessary to deal with the matters reserved in the outline planning permission; and
(c) except where the authority indicate that a lesser number is required, shall be accompanied by three copies of the application and the plans and drawings submitted with it.
General provisions relating to applications
5.—(1) Any application made under regulation 3 of the 1988 Regulations (applications for planning permission) or article 4 above, shall be made—
(a)
(a) where the application relates to land in Greater London or a metropolitan county, to the local planning authority;
(b)
(b) where the application relates to land in neither Greater London nor a metropolitan county and—
(i) that land is in a National Park, or
(ii) the application relates to a county matter,
to the county planning authority;
(c)
(c) in any other case, to the district planning authority6.
(2) When the local planning authority with whom an application has to be lodged receive—
(a)
(a) in the case of an application made under paragraph (1) of regulation 3 of the 1988 Regulations, the form of application required by that paragraph, together with the certificate or other documents required by article 7;
(b)
(b) in the case of an application made under regulation 3(3) of the 1988 Regulations, sufficient information to enable the authority to identify the previous grant of planning permission, together with the certificate or other documents required by article 7;
(c)
(c) in the case of an application made under article 4 above, the documents and information required by that article,
and the fee, if any, required to be paid in respect of the application7, the authority shall as soon as is reasonably practicable, send to the applicant an acknowledgement of the application in the terms (or substantially in the terms) set out in Part 1 of Schedule 1 hereto.
(3) Where an application is made to a county planning authority in accordance with paragraph (1), that authority shall, as soon as practicable, send a copy of the application and of any accompanying plans and drawings to the district planning authority, if any.
(4) Where, after sending an acknowledgement as required by paragraph (2) of this article, the local planning authority consider that the application is invalid by reason of a failure to comply with the requirements of regulation 3 of the 1988 Regulations or article 4 above or any other statutory requirement, they shall as soon as reasonably practicable notify the applicant that his application is invalid.
(5) In this article, “county matter” has the meaning given to that expression in paragraph 1(1) of Schedule 1 to the Act8(local planning authorities — distribution of functions).
Notice of applications for planning permission
6.—(1) Subject to paragraph (2), an applicant for planning permission shall give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of the land to which the application relates, or a tenant,—
(a)
(a) by serving the notice on every such person whose name and address is known to him; and
(b)
(b) where he has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement after the prescribed date.
(2) In the case of an application for planning permission for development consisting of the winning and working of minerals by underground operations, instead of giving notice in the manner provided for by paragraph (1), the applicant shall give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of any of the land to which the application relates, or a tenant,—
(a)
(a) by serving the notice on every such person whom the applicant knows to be such a person and whose name and address is known to him;
(b)
(b) by local advertisement after the prescribed date; and
(c...
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