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

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4.—(1) No development on any site may commence unless—

(a)a border department has made a written submission to the Secretary of State for approval for the use of the land and the operations comprised in the development (“relevant approval”);

(b)the Secretary of State has ascertained that the development will not adversely affect the integrity of any European site or European offshore marine site, either alone or in combination with other plans or projects; and

(c)the border department has obtained the relevant approval.

(2) A submission made under paragraph (1)(a) must include—

(a)the name of the border department by or on whose behalf the submission is made (“the relevant border department”) and the name of the site operator;

(b)a plan, reproduced from or based on an Ordnance Survey map, drawn to an identified scale, which shows the location and boundary of the site to which the submission relates;

(c)a plan showing the maximum extent (in terms of height and area) and general layout of, and the means of access to, the development;

(d)details of any planning permission (including planning permission granted by another development order) that the relevant border department proposes to rely on;

(e)a document confirming that the owners of the site have been notified of the relevant border department’s intention to make a submission under paragraph (1)(a);

(f)a document identifying any other land in the vicinity of the site of which the relevant border department is the owner;

(g)if the relevant border department considers that it is likely to cease to need the planning permission granted by article 3(1)(a) and (b) on or by a date substantially earlier than 31st December 2025, that earlier date;

(h)an analysis of the likely environmental effects of the development;

(i)a Habitats Regulations screening report, and where that report identifies a likely significant effect on a European site or European offshore marine site, a Habitats Regulations assessment report, and for the purposes of this sub-paragraph—

(i)“Habitats Regulations assessment report” means a report which includes an assessment of whether, having regard to any mitigation measures proposed, any residual effects of the development would adversely affect the integrity of a European site or European offshore marine site, either alone or in combination with other plans or projects, in view of that site’s conservation objectives; and

(ii)“Habitats Regulations screening report” means a report which includes an appraisal of whether the development, either alone or in combination with other plans or projects, is likely to have a significant effect on a European site or a European offshore marine site;

(j)a report which—

(i)summarises—

(aa)the methods used to engage with the engagement parties regarding the development;

(bb)the information provided to the engagement parties and when it was provided to them; and

(cc)the outcomes of engagement with each engagement party; and

(ii)includes—

(aa)a statement of the period given to each engagement party to make representations about the development, being not less than 14 calendar days and beginning with the date on which they were invited to make such representations; and

(bb)copies of the main representations received from engagement parties.

(k)an assessment of the traffic impacts of the development;

(l)an assessment of the impacts of the development on any part of the site which is shown as safeguarded on a safeguarding map issued for the purposes of the Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) Direction 2002(1);

(m)a statement from the Health and Safety Executive and the Office of Nuclear Regulation (as appropriate) in respect of the development where the site or any part of it is in, or includes, a safety hazard area;

(n)a statement including—

(i)a description of the development;

(ii)a summary of the planning history of the site;

(iii)identification of the national and local planning policies relevant to the site and the development;

(iv)an assessment of any other material considerations which are relevant to the determination of the submission and which are, in the opinion of the border department, important to that determination;

(v)an assessment of how the carrying out of the development will comply with section 6 of the Human Rights Act 1998(2); and

(vi)a description of how the relevant border department has complied with its duties under section 149 of the Equality Act 2010(3) in respect of the development; and

(o)such other information or documents as the Secretary of State may require the relevant border department to submit as being necessary for the purpose of determining the submission.

(3) Where a condition in Schedule 2 requires the approval of the Secretary of State to be obtained in respect of any document or other matter, such approval may only be granted in relation to a site in respect of which a relevant approval has been obtained.

(4) Approval of any document or other matter pursuant to a condition of a relevant approval may be given subject to such further conditions as the Secretary of State considers appropriate in relation to the subject matter of the approval.

(5) Before approving any document or other matter pursuant to a condition of a relevant approval, the Secretary of State may engage with such engagement parties as the Secretary of State considers appropriate.

(1)

The Direction is annexed to Joint Circular 01/2003 issued on 27 January 2003 by the Office of the Deputy Prime Minister, a copy of which can be inspected at the Planning Directorate, Ministry of Housing, Communities and Local Government, 2 Marsham Street, London SW1P 4DF; see also https://www.gov.uk/government/publications/safeguarding-aerodromes-technical-sites-and-military-explosives-storage-areas .

(2)

1998 c. 42. There are amendments that are not relevant to this Order.

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