The London Gateway Port Harbour Empowerment Order 2008

Article 26

SCHEDULE 5 E+W+S APPLICATION OF PERMITTED DEVELOPMENT RIGHTS

PART 1 E+W+S GENERAL PERMITTED DEVELOPMENT

1.—(1) In their application to any development authorised by this Order, or to other development carried out on land which falls to be operational land of London Gateway Port by virtue of this Order, article 3 of, and Parts 11 and 17 of Schedule 2 to the 1995 Order (which permit development authorised by a harbour empowerment order designating specifically both the nature of the development thereby authorised and the land on which it may be carried out, and development by certain statutory undertakers, respectively) shall have effect— E+W+S

(a) in the case of Part 11 only, as if the authority to construct given by this Order were limited to the authorised works substantially begun within twenty five years of the coming into force of this Order, or such extended period as the Secretary of State may, on the application of the Harbour Authority, allow; and

(b) subject to the restrictions contained in Schedules 2 and 6 to this Order.

(2) Nothing in sub-paragraph (1) shall affect the carrying out of any development which consists of any maintenance of the authorised works, which (to the extent it would not otherwise be) shall be permitted development as if it were included in article 3 of, and Parts 11 and 17 of Schedule 2 to the 1995 Order.

Commencement Information

I1 Sch. 5 para. 1 in force at 16.5.2008, see art. 1

2.—(1) Any change of use of the port premises to a use (other than an occasional or incidental use) which falls outside the development referred to in articles 10 to 13 shall be deemed to be a material change of use requiring planning permission granted on an application made under Part 3 of the 1990 Act or under any relevant provisions of the 1995 Order or the 1964 Act. E+W+S

(2) Sub-paragraph (1) shall not have effect to restrict permitted development rights conferred by Parts 11 and 17 of Schedule 2 to the 1995 Order (which grants planning permission for the construction of the authorised works and use of the land authorised by this Order).

Commencement Information

I2 Sch. 5 para. 2 in force at 16.5.2008, see art. 1

PART 2 E+W+S HABITATS REGULATIONS

3.  Subject to paragraph 4, regulation 60(1) of the Habitats Regulations shall not apply to any planning permission which relates to the development authorised by this Order and which is granted by article 3(1) of the 1995 Order for the class of development described as permitted development in Parts 11 and 17 of Schedule 2 to the 1995 Order. E+W+S

Commencement Information

I3 Sch. 5 para. 3 in force at 16.5.2008, see art. 1

4.  If and to the extent that any development authorised by this Order— E+W+S

(a) does not form part of a plan or project which was subject to an appropriate assessment under regulation 48 of the Habitats Regulations in connection with the making of this Order; and

(b) is not subject to a further consent, permission or authorisation by a competent authority within the meaning of the Habitats Regulations;

paragraph 3 shall not have the effect of disapplying regulation 60(1) of the Habitats Regulations in relation to any planning permission for that development.

Commencement Information

I4 Sch. 5 para. 4 in force at 16.5.2008, see art. 1