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Articles 16 and 17
| Para | Description of Development | Consultee | ||
|---|---|---|---|---|
Interpretation of Table 1. In the above Table— (a) in paragraph (e)(iv), “industrial process” means a process for or incidental to any of the following purposes— (i) the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording); (ii) the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or (iii) the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine (and in this paragraph, “mine” means any site on which mining operations are carried out); (b) in paragraph (f)(ii), “network” and “operator” have the same meaning as in Part I of the Railways Act 1993 (the provision of railway services)(5); (c) in paragraphs (g) and (h), “classified road” means a highway or proposed highway which— (i) is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980 (general provision as to principal and classified roads)(6); or (ii) is classified for the purposes of any enactment by the Secretary of State by virtue of section 12(3) of that Act; (d) in paragraph (i), “concessionaire”, “road subject to a concession” and “toll order” have the same meaning as in Part 1 of the New Roads and Street Works Act 1991 (new roads in England and Wales)(7); (e) in paragraph (j), “street” has the same meaning as in section 48(1) of the New Roads and Street Works Act 1991 (streets, street works and undertakers), and “new street” includes a continuation of an existing street; (f) in paragraph (o), “scheduled monument” has the same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments)(8); (g) in paragraph (q), “main river” has the same meaning as in section 113 of the Water Resources Act 1991 (interpretation of Part 4 – flood defence)(9); (h) in paragraph (t), “slurry” means animal faeces and urine (whether or not water has been added for handling), and “caravan” has the same meaning as for the purposes of Part 1 of the Caravan Sites and Control of Development Act 1960 (caravan sites)(10); (i) in paragraph (v), “site of special scientific interest” means land to which section 28(1) of the Wildlife and Countryside Act 1981 (sites of special scientific interest) applies; (j) in paragraph (w), “theatre” has the same meaning as in section 5 of the Theatres Trust Act 1976 (interpretation)(11); (k) in paragraph (za)— (i) “playing field” means the whole of a site which encompasses at least one playing pitch; (ii) “playing pitch” means a delineated area which, together with any run-off area, is of 0.2 hectares or more, and which is used for association football, American football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball, Australian football, Gaelic football, shinty, hurling, polo or cycle polo; (l) the expressions used in paragraph (zc) have the same meaning as in Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances(12), as amended by Council Directive 2003/105/EC(13); (m) in paragraph (zd), “regional development agency” means a development agency established under section 1 of the Regional Development Agencies Act 1998 (establishment)(14) and “regional development agency’s strategy” is a strategy formulated and kept under review under section 7 (strategy) or section 7A (the London Development Agency strategy) of that Act(15); and (n) in paragraph (ze)— “Flood Zone 1” means land which has a less than a 1 in 1000 annual probability of river or sea flooding(16); “Flood Zone 2” means land which has— (i) between a 1 in 100 and 1 in 1000 annual probability of river flooding; or (ii) between a 1 in 200 and 1 in 1000 annual probability of sea flooding; “Flood Zone 3” means land which has— (i) a 1 in 100 or greater annual probability of river flooding; or (ii) a 1 in 200 or greater annual probability of sea flooding; and “minor development” means— (i) development of an existing dwellinghouse, or development within the curtilage of such a dwellinghouse, for any purpose incidental to the enjoyment of the dwellinghouse as such; (ii) the extension of an existing building used for non-domestic purposes where the floorspace created by the development does not exceed 250 square metres; and (iii) the alteration of an existing building where the alteration does not increase the size of the building. | ||||
| (a) | Development likely to affect land in a National Park | The National Park authority | ||
| (b) | Development likely to affect land in Greater London or in a metropolitan county other than land in a National Park | The local planning authority concerned | ||
| (c) | Development likely to affect land in a non-metropolitan county other than land in a National Park | The district planning authority concerned or, where there is no district planning authority in relation to the land, the county planning authority concerned | ||
| (d) | Development, in relation to which an application for planning permission has been made to the Secretary of State under section 293A of the 1990 Act (urgent Crown development: application)(1), where that development is likely to affect land in the area of a parish council | The parish council | ||
| (e) | Development within an area which has been notified to the local planning authority by the Health and Safety Executive for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances and which involves the provision of— | The Health and Safety Executive | ||
| (i) | Residential accommodation; | |||
| (ii) | More than 250 square metres of retail floor space; | |||
| (iii) | More than 500 square metres of office floor space; or | |||
| (iv) | More than 750 square metres of floor space to be used for an industrial process, | |||
| or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area | ||||
| (f) | Development likely to result in a material increase in the volume or a material change in the character of traffic— | |||
| (i) | Entering or leaving a trunk road; or | The Secretary of State for Transport | ||
| (ii) | using a level crossing over a railway | The operator of the network which includes or consists of the railway in question, and the Secretary of State for Transport | ||
| (g) | Development likely to result in a material increase in the volume or a material change in the character of traffic entering or leaving a classified road or proposed highway | The local highway authority concerned | ||
| (h) | Development likely to prejudice the improvement or construction of a classified road or proposed highway | The local highway authority concerned | ||
| (i) | Development involving— | |||
| (i) | the formation, laying out or alteration of any means of access to a highway (other than a trunk road); or | The local highway authority concerned | ||
| (ii) | the construction of a highway or private means of access to premises affording access to a road in relation to which a toll order is in force | The local highway authority concerned, and in the case of a road subject to a concession, the concessionaire | ||
| (j) | Development which consists of or includes the laying out or construction of a new street | The local highway authority | ||
| (k) | Development which involves the provision of a building or pipe-line in an area of coal working notified by the Coal Authority to the local planning authority | The Coal Authority | ||
| (l) | Development involving or including mining operations | The Environment Agency | ||
| (m) | Development within 3 kilometres of Windsor Castle, Windsor Great Park, or Windsor Home Park, or within 800 metres of any other royal palace or park, which might affect the amenities (including security) of that palace or park | The Historic Buildings and Monuments Commission for England | ||
| (n) | Development of land in Greater London involving the demolition, in whole or part, or the material alteration of a listed building | The Historic Buildings and Monuments Commission for England | ||
| (o) | Development likely to affect the site of a scheduled monument | The Historic Buildings and Monuments Commission for England | ||
| (p) | Development likely to affect any garden or park of special historic interest which is registered in accordance with section 8C of the Historic Buildings and Ancient Monuments Act 1953 (register of gardens)(2) and which is classified as Grade I or Grade II* | The Historic Buildings and Monuments Commission for England | ||
| (q) | Development involving— | The Environment Agency | ||
| (i) | the carrying out of works or operations in the bed of, or within 20 metres of the top of a bank of, a main river which has been notified to the local planning authority by the Environment Agency as a main river for the purposes of this provision; or | |||
| (ii) | the culverting or control of flow of any river or stream | |||
| (r) | Development for the purpose of refining or storing mineral oils and their derivatives | The Environment Agency | ||
| (s) | Development involving the use of land for the deposit of refuse or waste | The Environment Agency | ||
| (t) | Development relating to the retention, treatment or disposal of sewage, trade-waste, slurry or sludge (other than the laying of sewers, the construction of pumphouses in a line of sewers, the construction of septic tanks and cesspools serving single dwellinghouses or single caravans or single buildings in which not more than 10 people will normally reside, work or congregate, and works ancillary to those matters) | The Environment Agency | ||
| (u) | Development relating to the use of land as a cemetery | The Environment Agency | ||
| (v) | Development— | Natural England | ||
| (i) | in or likely to affect a site of special scientific interest; or | |||
| (ii) | within an area which has been notified to the local planning authority by Natural England, and which is within 2 kilometres of a site of special scientific interest, | |||
| of which notification has been given, or has effect as if given, to the local planning authority by Natural England, in accordance with section 28 of the Wildlife and Countryside Act 1981 (sites of special scientific interest)(3) | ||||
| (w) | Development involving any land on which there is a theatre | The Theatres Trust | ||
| (x) | Development which is not for agricultural purposes and is not in accordance with the provisions of a development plan and involves— | The Secretary of State for the Environment, Food and Rural Affairs | ||
| (i) | the loss of not less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes; or | |||
| (ii) | the loss of less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes, in circumstances in which the development is likely to lead to a further loss of agricultural land amounting cumulatively to 20 hectares or more | |||
| (y) | Development within 250 metres of land which— | The Environment Agency | ||
| (i) | is or has, at any time in the 30 years before the relevant application, been used for the deposit of refuse or waste; and | |||
| (ii) | has been notified to the local planning authority by the Environment Agency for the purposes of this provision | |||
| (z) | Development for the purposes of fish farming | The Environment Agency | ||
| (za) | Development which— | The English Sports Council | ||
| (i) | is likely to prejudice the use, or lead to the loss of use, of land being used as a playing field; or | |||
| (ii) | is on land which has been— | |||
| (aa) | Used as a playing field at any time in the 5 years before the making of the relevant application and which remains undeveloped; or | |||
| (bb) | allocated for use as a playing field in a development plan or in proposals for such a plan or its alteration or replacement; or | |||
| (iii) | involves the replacement of the grass surface of a playing pitch on a playing field with an artificial, man-made or composite surface | |||
| (zb) | Development likely to affect— | The British Waterways Board | ||
| (i) | any inland waterway (whether natural or artificial) or reservoir owned or managed by the British Waterways Board(4); or | |||
| (ii) | any canal feeder channel, watercourse, let off or culvert, | |||
| Which is within an area which has been notified for the purposes of this provision to the local planning authority by the British Waterways Board | ||||
| (zc) | Development— | The Health and Safety Executive and the Environment Agency and, where it appears to the local planning authority that an area of particular natural sensitivity or interest may be affected, Natural England | ||
| (i) | involving the siting of new establishments; | |||
| (ii) | Consisting of modifications to existing establishments which could have significant repercussions on major-accident hazards; or | |||
| (iii) | including transport links, locations frequented by the public and residential areas in the vicinity of existing establishments, where the siting or development is such as to increase the risk or consequences of a major accident | |||
| (zd) | Development which— | The regional development agency which gave the notice | ||
| (i) | involves or is likely to affect the provision of an existing or proposed strategic infrastructure project of which notification has been given to the local planning authority and which is likely to have a significant impact upon a policy in the regional development agency’s strategy; or | |||
| (ii) | is within an area of which notification has been given to the local planning authority for the purpose of this provision and is likely to affect the implementation of a strategic regional investment or employment policy in the regional development agency’s strategy | |||
| (ze) | Development, other than minor development, which is to be carried out on land— | The Environment Agency | ||
| (i) | in an area within Flood Zone 2 or Flood Zone 3; or | |||
| (ii) | in an area within Flood Zone 1 which has critical drainage problems and which has been notified for the purpose of this provision to the local planning authority by the Environment Agency | |||
| (zf) | Any development of land of 1 hectare or more | The Environment Agency | ||
Section 293A was inserted by section 82(1) of the 2004 Act.
1953 c. 49; section 8C was inserted by section 33 of, and paragraph 10 of Schedule 4 to, the National Heritage Act 1983 (c. 47).
1981 c. 69; section 28 was substituted by paragraph 1 of Schedule 9 to the Countryside and Rights of Way Act 2000 (c. 37) and amended by section 105(1) of, and paragraph 79 of Part 1 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16) and paragraph 2 of Part 2 of Schedule 13 to the Marine and Coastal Access Act 2009 (c. 23).
See sections 1 and 10 of the Transport Act 1962 (c. 46).
1993 c. 43; see section 83.
OJ No L 10, 14.1.1997, p 13.
OJ No L 345, 31.12.2003, p 97.
Section 7 was amended by, and section 7A was inserted by, section 306 of the Greater London Authority Act 1999 (c. 29).
Maps showing the various Flood Zones are available from the Environment Agency at http://www.environment-agency.gov.uk.
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