The Town and Country Planning General Development (Amendment) (No. 3) Order 1991

Explanatory Note

(This note is not part of the Order)

This Order amends the Town and Country Planning General Development Order 1988. The main changes are—

(1) an amendment to article 10 of the 1988 Order, to provide for applications to be made tothe authority which will determine the application (previously applications which fell to be determined by a county planning authority had to be made to the district planning authority, which passed the application on to the county)—this change has necessitated consequential amendments to articles 15, 21, 27, 29 of, and Schedule 3 to, the 1988 Order (articles 2, 3, 5, 6, 7 and 11);

(2) the extension of consultation requirements to—

(a) the construction of access to a road in respect of which a toll order is in force;

(b) development in, likely to affect or, in certain cases, within two kilometres of, an area of special scientific interest; and

(c) development for the purposes of fish farming;

(article 4);

(3) the restriction of permitted development rights in an area of special scientific interest if the use of the land is for certain motoring activities, clay pigeon shooting, or any war game (article 8);

(4) the substitution of Part 6 of Schedule 2 to the 1988 Order (agricultural buildings and operations). Part 6 as substituted gives permitted development rights (where the development is, or minerals are, as the case may be, reasonably necessary for the purposes of agriculture) in relation to—

(a) certain building works and excavation or engineering operations on agricultural units of 5 hectares or more in area (Class A);

(b) the extension or alteration of agricultural buildings, the installation of certain plant and machinery, the provision of sewers etc, and certain other works, on agricultural units of not less than 0.4 but less than 5 hectares in area (Class B); and

(c) the winning and working of minerals on certain land (Class C);

(article 9 and Schedule).