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The Town and Country Planning (General Permitted Development) Order 1995

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Explanatory Note

(This note is not part of the Order)

This Order consolidates with amendments the permitted development provisions of the Town and Country Planning General Development Order 1988 and subsequent amending instruments. A separate order, the Town and Country Planning (General Development Procedure) Order 1995 (S.I. 1995/419), consolidates with amendments the remaining provisions which deal with procedures connected with planning applications and related matters.

The main purpose of this Order is to grant planning permission for certain classes of development without any requirement for an application to be made under Part III of the Town and Country Planning Act 1990. Schedule 2 to the Order, which is subject to the provisions of the Order and to regulations 60 to 63 of the Conservation (Natural Habitats, &c.) Regulations 1994, sets out these classes of development in detail. In some circumstances, the permission given is subject to extensive qualifications and restrictions.

The main changes made by the Order are—

(a)the inclusion of provisions (paragraphs (10) to (12) of article 3) which relate to the further implementation in England and Wales of Council Directive 85/337/EEC (OJ No. L175, 5.7.85, p. 40). Paragraph (10) excludes from the descriptions of development for which planning permission would otherwise be granted by paragraph (1) certain descriptions of development which, if they were the subject of an application for planning permission, would require environmental assessment, in accordance with the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (S.I. 1988/1199) (“the 1988 Regulations”), before permission could be granted. Paragraph (11) provides for opinions and directions given under the Town and Country Planning (Environmental Assessment and Permitted Development) Regulations 1995 (S.I. 1995/417), as to whether proposed development would require environmental assessment under the 1988 Regulations, to have effect for the purpose of article 3(10) of the Order. Paragraph (12) excludes certain descriptions of development from the ambit of paragraph (10);

(b)the inclusion of provisions in article 4(2) enabling a local planning authority to issue a direction withdrawing certain permitted development rights, within the whole or any part of a conservation area, in relation to all or any particular development described in article 4(5). These directions are subject to the new procedures in article 6 relating to notices and confirmation by the local planning authority and are not subject to approval by the Secretary of State;

(c)the inclusion of permitted development rights for the demolition of gates, fences, walls or other means of enclosure. By virtue of the Town and Country Planning (Demolition—Description of Buildings) Direction 1995, made under section 55(2)(g) of the Town and Country Planning Act 1990 and which comes into force on the date of the coming into force of this Order, such demolition is development only if it is within a conservation area (Class B of Part 31 of Schedule 2);

(d)the inclusion of permitted development rights for closed circuit television cameras (Part 33 of Schedule 2).

A Compliance Cost Assessment has been prepared in connection with article 3(10) and the Town and Country Planning (Environmental Assessment and Permitted Development) Regulations 1995. It has been placed in the Libraries of both Houses of Parliament. Copies may be obtained from PD5A Division, Room C15/03, Department of the Environment, 2 Marsham Street, London SW1P 3EB (telephone 0171-276 3865) or from the Planning Division, Welsh Office, Cathays Park, Cardiff CF1 3NQ (telephone 01222 823479).

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