Schedule 2 DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “ SCHEDULE 2 DEVELOPMENT”

The carrying out of development to provide any of the following—

(1)

a generating station, the construction of which (or the operation of which) will require a section 36 consent but which is not Schedule 1 development;

(2)

the extension of any generating station, where such extension will require a section 36 consent;

(3)

an electric line installed above ground with a voltage of 132 kilovolts or more, the installation of which (or the keeping installed of which) will require a section 37 consent but which is not Schedule 1 development; or

(4)

an electric line installed above ground in a sensitive area, the installation of which (or the keeping installed of which) will require a section 37 consent but which is not Schedule 1 development and does not fall within paragraph (3) of this Schedule.

For the purposes of this Schedule “sensitive area” means any of the following—

(a)

land notified under section 28(1) (areas of special scientific interest) of the Wildlife and Countryside Act 1981^f1;

(b)

land to which section 29(3) (nature conservation orders) of the Wildlife and Countryside Act 1981 applies;

(c)

an area to which paragraph (u)(ii) in the table in article 10 of the Town and Country Planning (General Development Procedure) Order 1995^f2 applies;

(d)

a National Park within the meaning of the National Parks and Access to the Countryside Act 1949^f3;

(e)

the Broads^f4;

(f)

a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage^f5;

(g)

a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979^f6;

(h)

an area of outstanding natural beauty designated as such by an order made by the Countryside Agency, as respects England, or the Countryside Council for Wales, as respects Wales, under section 87 (designation of areas of outstanding natural beauty) of the National Parks and Access to the Countryside Act 1949^f7 as confirmed by the Secretary of State; and

(i)

a European site within the meaning of regulation 10 of the Conservation (Natural Habitats, etc.) Regulations 1994^f8.

Annotations

Footnotes

f1: 1981 c. 69, amended by the Wildlife and Countryside (Amendment) Act 1985 (c. 31), the Wildlife and Countryside (Service of Notices) Act 1985 (c. 59), the Norfolk and Suffolk Broads Act 1988 (c. 4) and the Planning (Consequential Provisions) Act 1990 (c. 11).
f2: S.I. 1995/419.
f3: 1949 c. 97. Relevant amendments were made by the Environment Act 1995 (c. 25), Schedule 10, paragraph 2.
f4: See the Norfolk and Suffolk Broads Act 1988 (c. 4).
f5: See Cm 9424.
f6: 1979 c. 46.
f7: Section 87 was amended by paragraph 1(12) of Schedule 8 to the Environmental Protection Act 1990 (c. 43).
f8: S.I. 1994/2716.