1990 No. 457
TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning General Development (Amendment) Order 1990

Made
Laid before Parliament
Coming into force
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 24 and 287(3) of the Town and Country Planning Act 19711 and all other powers enabling them in that behalf, hereby make the following Order–

1.

(1)

This Order may be cited as the Town and Country Planning General Development (Amendment) Order 1990 and shall come into force on 31st March 1990.

(2)

In this Order “the 1988 Order” means the Town and Country Planning General Development Order 19882.

2.

In article 1(2) of the 1988 Order (interpretation), in the definition of “statutory undertaker”, after “water undertaker” insert “and a licence holder within the meaning of section 64(1) of the Electricity Act 19893”.

3.

For Part 16 of Schedule 2 to the 1988 Order (development by or on behalf of sewerage undertakers) substitute–

“PART 16DEVELOPMENT BY OR ON BEHALF OF SEWERAGE UNDERTAKERS

Permitted developmentA.

Development by or on behalf of a sewerage undertaker consisting of–

(a)

development not above ground level required in connection with the provision, improvement, maintenance or repair of a sewer, outfall pipe, sludge main or associated apparatus;

(b)

the provision of a building, plant or machinery or apparatus in, on, over or under land for the purpose of survey or investigation;

(c)

the maintenance, improvement or repair of works for measuring the flow in any watercourse or channel;

(d)

any works authorised by or required in connection with an order made under section 1 of the Drought Act 19764 or sections 131 or 132 of the Water Act 19895;

(e)

any other development in, on, over or under their operational land, other than the provision of a building but including the extension or alteration of a building.

Development not permittedA.1

Development is not permitted by Class A(e) if–

(a)

it would consist of or include the extension or alteration of a building so that–

(i)

its design or external appearance would be materially affected; or

(ii)

the height of the original building would be exceeded, or the content of the original building would be exceeded, by more than 25%; or

(iii)

the floorspace of the original building would be exceeded by more than 1,000 square metres; or

(b)

it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.

ConditionA.2

Development is permitted by Class A(b) subject to the condition that, on completion of the survey or investigation, or at the expiration of 6 months from the commencement of the development concerned, whichever is the sooner, all such operations shall cease and all such buildings, plant or apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition (or to any other condition which may be agreed with the local planning authority).”

4.

In Class G of Part 17 of Schedule 2 to the 1988 Order (development by electricity suppliers)–

(a)

in the first line of paragraph G for “the supply of electricity” substitute “the generation, transmission or supply of electricity”;

(b)

after paragraph G.2 insert–

“Interpretation of Class GG.3

For the purposes of Classes G(e), (f) and (g) the land of the holder of a licence under section 6(2) of the Electricity Act 1989 shall be treated as operational land if it would be operational land within section 222 of the Act if such licence holders were statutory undertakers for the purpose of that section.”

5.

Article 2(5) of the Town and Country Planning General Development (Amendment) (No. 2) Order 19896 is hereby revoked.
Chris Patten
Secretary of State for the Environment
Peter Walker
Secretary of State for Wales
(This note is not part of the Order)

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

(a)

the extension of the definition of “statutory undertaker” to include licence holders under the Electricity Act 1989 and some minor associated amendments to the permitted development right provisions relating to electricity undertakers;

(b)

the extension of the permitted development rights of sewerage undertakers.