The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017

Article 5(6)(d)

SCHEDULE 2 E+W Modifications to the Town and Country Planning (Mayor of London) Order 2008: substituted Parts of Schedule to the Order regarding planning applications of potential strategic importance

Commencement Information

I1 Sch. 2 in force at 17.3.2017, see art. 1(2)

“PART 1 E+W Large scale developments

Category 1A

Development which—

(a) comprises or includes the provision of more than 500 houses, flats, or houses and flats; or

(b) comprises or includes the provision of flats or houses and the development occupies more than 10 hectares.

Category 1B

Development (other than development which only comprises the provision of houses, flats, or houses and flats) which comprises or includes the erection of a building or buildings with a total floorspace of more than 30,000 square metres.

Category 1C

Development which comprises or includes the erection of a building more than 30 metres high.

PART 2 E+W Major infrastructure

Category 2A

1.   Development which comprises or includes mining operations where the development occupies more than 10 hectares.

2.   In paragraph 1 “mining operations” means the winning and working of minerals in, on or under land, whether by surface or underground working.

Category 2B

1.   Waste development to provide an installation with capacity for a throughput of more than 50,000 tonnes per annum of waste produced outside the land in respect of which planning permission is sought.

2.   In paragraph 1 “waste development” means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, keeping, processing or disposing of refuse or waste materials.

Category 2C

Development to provide—

(a) an aircraft runway;

(b) a heliport (including a floating heliport or a helipad on a building);

(c) an air passenger terminal at an airport;

(d) a railway station;

(e) a tramway, an underground, surface or elevated railway, or a cable car;

(f) a bus or coach station;

(g) a crossing over or under the River Mersey; or

(h) a passenger pier on the River Mersey.

PART 3 E+W Development which may affect strategic policies

Interpretation

1.   In this Part land shall be treated as used for a particular use if—

(a) it was last used for that use, or

(b) it is allocated for that use in—

(i) the development plan in force in the area in which the application site is situated,

(ii) proposals for such a plan, or

(iii) proposals for the alteration or replacement of such a plan.

Category 3A

1.   Development which is likely to—

(a) result in the loss of more than 200 houses, flats, or houses and flats (irrespective of whether the development would entail also the provision of new houses or flats); or

(b) prejudice the residential use of land which exceeds 4 hectares and is used for residential use.

Category 3B

Development—

(a) which occupies more than 4 hectares of land which is used for a use within Class B1 (business), B2 (general industrial) or B8 (storage or distribution) of the Use Classes Order(1); and

(b) which is likely to prejudice the use of that land for any such use.

Category 3C

1.   Development which is likely to prejudice the use as a playing field of more than 2 hectares of land which—

(a) is used as a playing field at the time the relevant application for planning permission is made, or

(b) has at any time in the five years before the making of the application been used as a playing field.

2.   In paragraph 1 “playing field” has the same meaning as in paragraph 1(j) of the notes to Schedule 4 to the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595).

Category 3D

Development—

(a) on land allocated as Green Belt or Metropolitan Open Land in the development plan, in proposals for such a plan, or in proposals for the alteration or replacement of such a plan; and

(b) which would involve the construction of a building with a floorspace of more than 1,000 square metres or a material change in the use of such a building.

Category 3E

Development which does not accord with one or more provisions of the development plan in force in the area in which the application site is situated and—

(a) comprises or includes the provision of more than 2,500 square metres of floorspace for a use falling within any of the following Classes in the Use Classes Order—

(i) class A1 (retail);

(ii) class A2 (financial and professional);

(iii) class A3 (food and drink);

(iv) class B1 (business);

(v) class B2 (general industrial);

(vi) class B8 (storage and distribution);

(vii) class C1 (hotels);

(viiii) class C2 (residential institutions);

(ix) class D1 (non-residential institutions);

(x) class D2 (assembly and leisure); or

(b) comprises or includes the provision of more than 150 houses or flats or houses and flats.

Category 3F

Development for a use, other than residential use, which includes the provision of more than 200 car parking spaces in connection with that use.”

(1)

See Article 2(1) of the 2008 Order for the definition of “the Use Classes Order”.