# The Town and Country Planning (Border Facilities and Infrastructure) (EU Exit) (England) Special Development Order 2020, Paragraph 2


This Order does not apply to any land within an area specified in paragraph 1 if, at the date on which this Order is made, such land is, forms part of, or contains—
(a) a national park designated under section 5(3) of the National Parks and Access to the Countryside Act 1949 (National Parks);
(b) any battlefield, 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);
(c) a World Heritage Site appearing on the World Heritage List kept under article 11(2) of the UNESCO Convention for the Protection of the World Cultural and Natural Heritage adopted at Paris on 16th November 1972;
(d) a scheduled monument, as defined in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments);
(e) land to which section 28(1) of the Wildlife and Countryside Act 1981 (sites of special scientific interest, notification of additional land and enlargement of SSSI), applies;
(f) an area designated under the Ramsar Convention (as defined in section 37A of that Act);
(g) an area specified by the Secretary of State for the purposes of section 41(3) of that Act (enhancement and protection of the natural beauty and amenity of the countryside);
(h) the Broads;
(i) the curtilage of a listed building, as defined in section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (listing of buildings of special architectural or historic interest);
(j) an area designated as a conservation area under section 69 (conservation areas) of that Act;
(k) an area designated under section 83 of the Environment Act 1995 (designation of air quality management areas);
(l) an area of outstanding natural beauty designated as such by an order made by Natural England under section 82 of the Countryside and Rights of Way Act 2000 (designation of areas) as confirmed by the Secretary of State;
(m) a European site;
(n) any site which forms part of compensatory measures—
(i) secured—
(aa) under regulation 68 of the Habitats Regulations, in relation to an agreement, decision, consent, permission or authorisation issued in accordance with regulation 64 of those Regulations; or
(bb) under regulation 109 of those Regulations in relation to a land use plan (as defined in regulation 111 of those Regulations) given effect in accordance with regulation 107 of those Regulations; or
(ii) notified under regulation 37 of the Conservation of Offshore Marine Habitats and Species Regulations 2017;
(o) any ancient woodland (that is, any area that has been wooded continuously since at least 1600 AD, including ancient semi-natural woodland and plantations on ancient woodland sites); or
(p) any coast defined as a heritage coast by agreement between a local authority and the Countryside Commission or Natural England.

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Source: https://www.legislation.gov.uk/uksi/2020/928/schedule/1/paragraph/2 (the official version)
Page: https://openlegislation.uk/town-and-country-planning-border-facilities-and-infrastructure-eu-exit-england-special-development-order-2020/schedule-1/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.