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

Grant of temporary planning permission

3.—(1) Subject to the following provisions of this article and regulation 63 of the Habitats Regulations, planning permission is granted for—

(a) the making of a material change in the use of land to use for the purpose of or in connection with—

(i) any activity that forms part of, or is incidental to, functions required to be carried out by or on behalf of a border department in connection with vehicles (in particular goods vehicles) and goods entering or exiting, or that are about to enter or exit, Great Britain, including—

(aa) recording vehicles entering or exiting the site;

(bb) providing, reviewing, checking, endorsing and approving customs declarations, permits and other documents relating to vehicles and goods;

(cc) examining, seizing and detaining goods;

(dd) inspecting vehicles and goods for any other lawful purpose;

(ee) storing or holding goods carried in vehicles; and

(ff) checking vehicles to ensure compliance with the conditions imposed by this Order,

(“border processing”);

(ii) the associated stationing of vehicles; and

(iii) carrying out repairs to vehicles, where an examiner appointed pursuant to section 66A of the Road Traffic Act 1988(1) has—

(aa) examined the vehicle on the site;

(bb) determined, pursuant to section 69(1) of that Act (power to prohibit driving of unfit vehicles), that owing to any defects in the vehicle, it is, or is likely to become, unfit for service; and

(cc) prohibited the driving of the vehicle on a road;

(b) the construction, installation, provision, operation, maintenance, improvement or alteration, decommissioning or removal of any buildings, and the carrying out of any works and earth modelling, required or provided in connection with the use of the site pursuant to sub-paragraph (a), including but not limited to the provision of—

(i) facilities for drivers of vehicles;

(ii) facilities for persons engaged in border processing;

(iii) roads and other means of access;

(iv) any main, pipe, cable or other apparatus for the provision of water, gas, electricity or other services;

(v) any foul water and surface water drainage systems;

(vi) hard surfacing;

(vii) lighting;

(viii) landscaping; and

(ix) noise attenuation measures; and

(c) reinstatement works.

(2) The planning permission granted by paragraph (1) is subject to—

(a) the conditions specified in Schedule 2; and

(b) such other conditions as the Secretary of State may specify in a relevant approval.

(3) In granting a relevant approval, the Secretary of State may vary or waive any condition that is specified in paragraphs B.1 to B.12 of Part 1, or Parts 2 to 4, of Schedule 2, as the Secretary of State considers appropriate in relation to a particular site.

(4) This Order does not permit Schedule 1 development, or Schedule 2 development, as defined in regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017(2), unless, in respect of Schedule 2 development, the Secretary of State has—

(a) concluded in determining a submission made under article 4(1)(a) that the development is not EIA development as defined in that regulation and has made a screening direction to that effect under regulation 5(3) of those Regulations; or

(b) directed under regulation 63(1) of those Regulations that the development is exempt from the requirements of those Regulations.

(5) Subject to paragraph (6)—

(a) a border department may carry out reinstatement works specified in a reinstatement plan approved by the Secretary of State until 31st December 2026; and

(b) in respect of all other development, the planning permission granted by paragraph (1) ceases on 31st December 2025.

(6) A condition of a relevant approval may specify, in respect of a particular site—

(a) a date for the completion of reinstatement works that is earlier than 31st December 2026; or

(b) a date for the cessation of all other development that is earlier than 31st December 2025.

(1)

1988 c. 52. Section 66A of the 1988 Act was inserted by the Road Traffic Act 1991 (c. 40), section 9(1) and was amended by the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23), Schedule 7, paragraph 11. Section 69 of the 1988 Act was substituted by the Road Traffic Act 1991 (c. 40), section 12.

(2)

S.I. 2017/571, amended by S.I. 2018/575, 2018/695; there are other amending instruments but none is relevant.