The Town and Country Planning (Use Classes) (Amendment) (England) Order 2006

Statutory Instruments

2006 No. 220

TOWN AND COUNTRY PLANNING

The Town and Country Planning (Use Classes) (Amendment) (England) Order 2006

Made

23rd January 2006

Coming into force

6th April 2006

The First Secretary of State, in exercise of the powers conferred by sections 55(2)(f) and 333(7) of the Town and Country Planning Act 1990(1), makes the following Order—

Citation, commencement, interpretation and application

1.—(1) This Order may be cited as the Town and Country Planning (Use Classes) (Amendment) (England) Order 2006 and shall come into force on 6th April 2006.

(2) This Order applies in relation to England only.

(3) In this Order “the principal Order” means the Town and Country Planning (Use Classes) Order 1987(2).

Amendments to the principal Order

2.—(1) The principal Order is amended in accordance with paragraphs (2) and (3) of this article.

(2) In article 3(6) (exclusion from use classes), at the end add “(m) as a casino.”

(3) In Part D (Use Classes) of the Schedule to the principal Order, in Class D2(c) omit “or casino”.

Signed by authority of the First Secretary of State

Yvette Cooper

Minister of State

Office of the Deputy Prime Minister

23rd January 2006

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 excluding from the specified classes use as a casino. A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available on the internet at www.odpm.gov.uk. Copies can be obtained by post from the Office of the Deputy Prime Minister, Bressenden Place, London, SW1E 5DU.

(1)

1990 c. 8, to which there are amendments not relevant to this Order. The functions of the Secretary of State under sections 55 and 333(7) were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672; see the entry in Schedule 1 for the Town and Country Planning Act 1990 as substituted by article 4 of, and Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order (S.I. 2000/253.

(2)

1987/764; relevant amending instruments are S.I. 1991/1567, S.I. 1992/610, S.I.1992/657, S.I. 1994/724, S.I.1995/297, S.I. 1999/293 and S.I. 2005/84.