The Town and Country Planning (Simplified Planning Zones) (Excluded Development) Order 1987

Statutory Instruments

1987 No. 1849

TOWN AND COUNTRY PLANNING ENGLAND AND WALES

The Town and Country Planning (Simplified Planning Zones) (Excluded Development) Order 1987

Made

22nd October 1987

Laid before Parliament

30th October 1987

Coming into force

20th November 1987

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 upon them by section 24E(3) of the Town and Country Planning Act 1971(1), and all other powers enabling them in that behalf, hereby make the following Order:

1.  This Order may be cited as the Town and Country Planning (Simplified Planning Zones) (Excluded Development) Order 1987 and shall come into force on 20th November 1987.

(1) A simplified planning zone scheme shall not have effect in England or Wales to grant planning permission for development of any of the descriptions which is a county matter within the meaning of paragraph 32 of Schedule 16 to the Local Government Act 1972(2).

(2) For the purposes of paragraph (1), “county matter” includes in the case of Wales the classes of operation and uses of land specified in the Town and Country Planning (Prescription of County Matters) Regulations 1980(3) notwithstanding that those regulations do not apply to Wales.

Nicholas Ridley

Secretary of State for the Environment

22nd October 1987

Peter Walker

Secretary of State for Wales

22nd October 1987

Explanatory Note

(This note is not part of the Order)

The Housing and Planning Act 1986 amends the Town and Country Planning Act 1971 to empower local authorities to make simplified planning zone schemes. Such a scheme provides planning permission within the area covered by the scheme for development in accordance with the scheme without the need for specific application.

The power to create simplified planning zones lies with London borough councils, district councils and urban development corporations.

This Order imposes restrictions on the development which may be authorised by a simplified planning zone scheme anywhere in England or in Wales. Such a scheme may not give permission for a development which is a “county matter” i.e. the planning responsibility of a county council in England outside London or a metropolitan county or in Wales (or which would be a “county matter” in Wales if the Town and Country Planning (Prescription of County Matters) Regulations 1980 extended to Wales).

The types of development excluded from a simplified planning zone scheme by the order are mineral working and connected activities and the use of land for depositing refuse or waste materials.

(1)

1971 c. 78. Section 24E is set out in section 25 of the Housing and Planning Act 1986 (c. 63).

(2)

1972 c. 70. Paragraph 32 of Schedule 16 was amended by section 86(4) of the Local Government; Planning and Land Act 1980 (c. 65).

(3)

S.I. 1980/2010.