Town and Country Planning General Development Order 1977
| Jurisdiction | UK Non-devolved |
1977 No. 289
TOWN AND COUNTRY PLANNING,
ENGLAND AND WALES
The Town and Country Planning General Development Order 197722ndFebruary 1977
8thMarch 1977
29thMarch 1977
ARTICLE
1. Application, citation and commencement.
2. Interpretation.
3. Permitted development.
4. Directions restricting permitted development.
5. Applications for planning permission.
6. Other forms of application.
7. General provisions relating to applications.
8. Notice under section 26.
9. Certificates and notices under section 27.
10. Directions restricting the grant of permission.
11. Special provisions as to permission for development affecting certain existing and proposed highways.
12. Power of local highway authority to issue directions restricting the grant of planning permission.
13. Application of bye-laws in relation to the construction of new streets.
14. Development not in accordance with the development plan.
15. Consultations before the grant of permission.
16. Applications relating to county matters.
17. Notice to parish and community councils.
18. Provisions for applications affecting listed buildings.
19. Notice of reference of applications to the Secretary of State.
20. Appeals.
21. Register of applications.
22. Established use certificates.
23. Directions and notices.
24. Revocations and savings.
SCHEDULE 1
PERMITTED DEVELOPMENT
CLASS
I. Development within the curtilage of a dwelling house.
II. Sundry minor operations.
III. Changes of use.
IV. Temporary buildings and uses.
V. Uses by members of recreational organisations.
VI. Agricultural buildings, works and uses.
CLASS
VII. Forestry buildings and works.
VIII. Development for industrial purposes.
IX. Repairs to unadopted streets and private ways.
X. Repairs to services.
XI. War damaged buildings, works and plant.
XII. Development under local or private Acts, or orders.
XIII. Development by local authorities.
XIV. Development by local highway authorities or the Greater London Council.
XV. Development by drainage authorities.
XVI. Development by Water authorities.
XVII. Development for sewerage and sewage disposal.
XVIII. Development by statutory undertakers.
XIX. Development by mineral undertakers.
XX. Development by the National Coal Board.
XXI. Uses of aerodrome buildings.
XXII. Use as a caravan site.
XXIII. Development on licensed caravan sites.
SCHEDULE 2
Part I—Notification to be sent to applicant on receipt of his application.
Part II—Notification to be sent to applicant oh refusal of planning permission or on the grant of permission subject to conditions.
SCHEDULE 3
Prescribed form of notice under section 26.
SCHEDULE 4
Part I—Prescribed form of certificate under section 27.
Part II—Prescribed forms of notices under section 27.
Part III—Prescribed forms of notices under sections 27 and 36 of appeal.
SCHEDULE 5
Part I—Prescribed form of certificate under article 22.
Part II—Prescribed forms of notices under article 22.
Part III—Prescribed forms of notices under article 22 of appeal.
SCHEDULE 6
Part I—Notification to be sent to applicant on receipt of his application for an established use certificate.
Part II—Prescribed form of established use certificate.
SCHEDULE 7
Statutory Instruments revoked
The Secretary of State for the Environment in exercise of the powers conferred on him by sections 24, 25, 26, 27, 31, 34, 36, 37, 42, 53 and 287 of and Schedule 14 to the Town and Country Planning Act 1971 (a) and section 182(3) of and Schedule 16 to the Local Government Act 1972(b) and 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 all land in England and Wales:
Provided that if a special development order is made or has before the
(a) 1971 c. 78.
(b) 1972 c. 70.
coming into operation of this order been made as to any land this order shall apply thereto to such extent only and subject to such modifications as may be specified in the special order.
(2) Nothing in this order shall apply to any permission which is deemed to be granted under section 64 of the Act.
(3) This order may be cited as the Town and Country Planning General Development Order 1977 and shall come into operation on 29th March 1977.
Interpretation
2.—(1) In this order, unless the context otherwise requires—
"the Act" means the Town and Country Planning Act 1971;
"aerodrome" means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing or departure of aircraft;
"agricultural land" and "agricultural unit" have the meanings respectively assigned to those expressions in the Agriculture Act 1947(a);
"aqueduct" does not include an underground conduit;
"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 1963(b);
"building" does not include plant or machinery or a structure or erection of the nature of plant or machinery, and in Schedule 1 to this order does not include any gate, fence, wall or other means of enclosure, but except as aforesaid includes any structure or erection and any part of a building as so defined;
"caravan" has the same meaning as for the purposes of Part I of the Caravan Sites and Control of Development Act 1960(c) (as amended by the Caravan Sites Act 1968(d));
"caravan site" means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed;
"cemetery" includes a burial ground or any other place of interment for the dead;
"classified road" means a highway or proposed highway which for the time being:—
(i) is classified under section 27(2) of the Local Government Act 1966(e) as a principal road for the purposes of any enactment or instrument which refers to highways classified as principal roads; or
(ii) is classified under section 27(2) of the said Act of 1966 as a classified road for the purposes of this order or of any order revoked by this order or of any previous general development order made under the Act or under the Town and Country Planning Act 1962(f), or for the purposes of enactments and instruments which include this order or any such order as aforesaid; or
(a) 1947 c. 48.
(b) 1963 c. 2.
(c) 1960 c. 62.
(d) 1968 c. 52.
(e) 1966 c. 42.
(f) 1962 c. 38.
(iii) continues by virtue of section 40(1) of the Local Government Act 1974(a) to be treated as a principal road or a classified road for the purposes mentioned in that subsection; or
(iv) continues by virtue of section 27(4) of the Local Government Act 1966 to be treated as a classified road for the purpose of every existing enactment or instrument as defined in section 27(3) of that Act.
"the Common Council" means the Common Council of the City of London;
"contravention of previous planning control", in relation to any development, has the same meaning as for the purposes of section 23 of the Act;
"dwelling-house" does not include a building containing one or more flats, or a flat contained within such a building;
"flat" means a separate and self-contained set of premises constructed for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;
"highway" has the meaning assigned to that term by section 294 of the Highways Act 1959(b);
"industrial process" means 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
(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, and for the purposes of this definition the expression "article" means an article of any description, including a ship or vessel;
"industrial undertakers" means undertakers by whom an industrial process is carried on, and "industrial undertaking" shall be construed accordingly;
"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, planting of trees, hedges, shrubs or grass, formation of banks, terraces or other earthworks, laying out of gardens or courts, and other amenity features;
"launderette" includes any building for the purpose of washing or cleaning clothes or fabrics in coin-operated machines;
"listed building" means a building which is for the time being included in a list compiled or approved by the Secretary of State under section 54 of the Act;
"local authority" means the council of a county or district, the Common Council, the Greater London Council, the Council of a London borough and any other authority (except the Receiver for the Metropolitan Police District) who are a local authority within the meaning of the Local Loans Act 1875(c), and includes any drainage
(a) 1974 c. 7.
(b) 1959 c. 25.
(c) 1875 c. 83.
board, any joint board or joint committee and any special planning board established under paragraph 3 of Schedule 17 to the Local Government Act 1972, if all the constituent authorities are local authorities within the meaning of the said Act of 1875;
"local highway authority" means a highway authority other than the Secretary of State;
"local planning authority" means, in relation to development of land in Greater London, the authority in Greater London which, by virtue of Schedule 3 to the Act or of regulations made or deemed to be made thereunder, is the local planning authority in relation to that class of development in the area of Greater London where the land is...
To continue reading
Request your trial