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Town and Country Planning Act 1971

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Development orders

24Development orders

(1)The Secretary of State shall by order (in this Act referred to as a " development order ") provide for the granting of planning permission.

(2)A development order may either—

(a)itself grant planning permission for development specified in the order, or for development of any class so specified; or

(b)in respect of development for which planning permission is not granted by the order itself, provide for the granting of planning permission by the local planning authority (or, in the cases hereinafter provided, by the Secretary of State) on an application in that behalf made to the local planning authority in accordance with the provisions of the order.

(3)A development order may be made either as a general order applicable (subject to such exceptions as may be specified therein) to all land, or as a special order applicable only to such land as may be so specified.

(4)Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or Citations as may be specified in the order.

(5)Without prejudice to the generality of subsection (4) of this section—

(a)where planning permission is granted by a development order for the erection, extension or alteration of any buildings, the order may require the approval of the local planning authority to be obtained with respect to the design or external appearance of the buildings ;

(b)where planning permission is granted by a development order for development of a specified class, the order may enable the Secretary of State or the local planning authority to direct that the permission shall not apply either in relation to development in a particular area or in relation to any particular development.

(6)Any provision of a development order whereby permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.

(7)For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with the development plan, a development order may direct that any enactment to which this subsection applies, or any regulations, orders or byelaws made at any time under any such enactment, shall not apply to any development specified in the order, or shall apply thereto subject to such modifications as may be so specified.

(8)Subsection (7) of this section applies—

(a)to any enactment passed before 6th August 1947 (being the date of the passing of the Act of 1947); and

(b)to any enactment contained in the Highways Act 1959 being an enactment which re-enacts (with or without modifications) any such enactment as is mentioned in paragraph (a) of this subsection.

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