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The Town and Country Planning (Use Classes) (Amendment) (No. 2) Order 1992

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Statutory Instruments

1992 No. 657

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (Use Classes) (Amendment) (No. 2) Order 1992

Made

11th March 1992

Coming into force

1st June 1992

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 on them by sections 55(2)(f) and 333(7) of the Town and Country Planning Act 1990(1) and all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Town and Country Planning (Use Classes) (Amendment) (No. 2) Order 1992 and shall come into force on 1st June 1992.

Hazardous Substances

2.—(1) In article 2 of the Town and Country Planning (Use Classes) Order 1987(2) (interpretation), the definitions of “hazardous substance” and “notifiable quantity” shall be omitted.

(2) In article 3 of that Order (use classes), paragraph (5) shall be omitted.

Michael Heseltine

Secretary of State for the Environment

11th March 1992

David Hunt

Secretary of State for Wales

11th March 1992

Explanatory Note

(This note is not part of the Order)

This Order amends the Town and Country Planning (Use Classes) Order 1987 (the principal Order). The principal Order specifies classes for the purposes of section 55(2)(f) of the Town and Country Planning Act 1990, which provides that a change of use of a building or other land does not involve development for the purposes of the Act if the new use and the former use are both within the same specified class.

This Order amends the principal Order by removing the exclusion from the principal Order of any use for a purpose involving a hazardous substance (the presence of a hazardous substance will be controlled in future under the Planning (Hazardous Substances) Act 1990, which comes into force on the same date as this amendment).

(2)

S.I. 1987/764.

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