The Town and Country Planning (Border Facilities and Infrastructure) (EU Exit) (England) Special Development Order 2020

Interpretation

2.—(1) In this Order—

“border department” means any of—

(a)

the Commissioners for Her Majesty’s Revenue and Customs;

(b)

the Secretary of State for Business, Energy and Industrial Strategy;

(c)

the Secretary of State for the Environment, Food and Rural Affairs; or

(d)

the Secretary of State for Transport;

“building” includes any structure or erection, including plant and machinery, and gates, fences, walls or other means of enclosure, and any part of a building as so defined;

“development” means development as defined in section 55(1) of the Town and Country Planning Act 1990(1) carried out, or proposed to be carried out, in a particular case, pursuant to the planning permission granted by article 3(1);

“engagement parties” means the persons and bodies specified in Schedule 3;

“European offshore marine site” has the meaning given in regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017(2);

“European site” has the meaning given in regulation 8 of the Habitats Regulations;

“goods” includes animals and plants;

“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted;

“the Habitats Regulations” means the Conservation of Habitats and Species Regulations 2017(3);

“hard surfacing” includes any artificial surfacing and may be permeable or porous;

“Highways England” means Highways England Company Limited, a company incorporated in England and Wales under company number 9346363;

“owner” means, in relation to any land, any person who—

(a)

is the estate owner in respect of the fee simple; or

(b)

is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired;

“reinstatement plan” means a plan detailing the reinstatement works and a method statement and timetable for carrying out the reinstatement works;

“reinstatement works” means the cessation of the use, and removal of all buildings, for which planning permission is granted by article 3(1)(a) and (b) on a site and the restoration of the site to its condition before such development commenced, except as specified in a reinstatement plan approved by the Secretary of State;

“relevant approval” has the meaning given in article 4(1)(a);

“relevant owners and occupiers” means, in respect of a development—

(a)

those owners of land adjacent to the site; and

(b)

those occupiers of land adjacent to the site, or to roads that will be used by vehicles travelling to and from the site,

that are likely to be affected by the development;

“safety hazard area” means an area notified to the relevant local planning authority—

(a)

by the Health and Safety Executive for the purposes of paragraph (e) of the Table in Schedule 4 to the Town and Country Planning (Development Management Procedure) (England) Order 2015(4) (or any previous powers to the like effect); or

(b)

by the Office for Nuclear Regulation for the purposes of paragraph (f) of that Table;

“site” means the land on which a border department proposes to implement, or implements, in any particular case, the planning permission granted by article 3(1);

“site operator” means, in respect of a site, an official in a border department who is a member of the Senior Civil Service and whose name is notified in writing from time to time to the Secretary of State as responsible for site operations; and

“waste hierarchy” means the waste hierarchy set out in article 4(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste(5).

(2) Except in the definition of “border department” in paragraph (1), and in paragraph 2 of Schedule 1, references to “the Secretary of State” in this Order are references to the Secretary of State for Housing, Communities and Local Government.

(3) Any reference in this Order to the height of a building is a reference to its height when measured from ground level; and in this paragraph “ground level” means the level of the surface of the ground immediately adjacent to the building in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.

(4) Any reference in this Order to a measurement from a boundary is to a linear measurement to any point on the boundary in question.

(5) Any requirement of this Order—

(a) on a border department to engage with engagement parties in respect of a development; or

(b) on a site operator to publish a document,

includes such use of hard copy, electronic means (including social media), or other forms of communication as the site operator or border department considers appropriate to bring the document or development to the attention of those who are to be made aware of it.

(1)

Section 55 was amended by the Planning and Compensation Act 1991 (c. 34), sections 13(1) and (2) and 14, Schedule 6, paragraph 9, and Schedule 19, Parts 1 and 2, and by the Planning and Compulsory Purchase Act 2004 (c. 5), Schedule 6, paragraphs 1 and 2 and Schedule 9. There are further amendments which are not relevant to this Order.

(2)

S.I. 2017/1013, amended by S.I. 2019/579 and the European Union (Withdrawal Agreement) Act 2020, Schedule 5, paragraph 1(1); there are other amending instruments but none is relevant.

(3)

S.I. 2017/1012, amended by S.I. 2019/579 and the European Union (Withdrawal Agreement) Act 2020, Schedule 5, paragraph 1(1); there are other amending instruments but none is relevant.

(4)

S.I. 2015/595, to which there are amendments not relevant to this Order.

(5)

OJ L No. 312, 22.11.2008, p.3, to which there are amendments not relevant to this Order.