Article 3 Other planning permissions

The Town and Country Planning (General Permitted Development) (England) Order 2015^f1 (the “GPD Order”) applies to the Order land in respect of development that—

The Town and Country Planning (Development Management Procedure) (England) Order 2015^f3 (the “DMP Order”) applies to the Order land except in respect of authorised development.

If, after the date notified to the Secretary of State under condition 11(3) (time when development must be begun), conflicting development is carried out in, on, under or over any part of the safeguarding area, authorised development may continue to be carried out after that date in, on, under or over any part of the Order land outside the safeguarding area.

For the purposes of paragraph (3)—

• “conflicting development” means any development—

  1. (a)

     which is not authorised development, and

  2. (b)

     the carrying out of which—

     1. (i)

        is authorised by or under any enactment, and

     2. (ii)

        is or would be physically inconsistent with authorised development;

• “safeguarding area” means—

  1. (a)

     that part of the Order land that is subject to the safeguarding directions that came into force on 19th November 2025^f4, or

  2. (b)

     if, after the date on which this Order is made—

     1. (i)

        the safeguarding directions referred to in paragraph (a) are varied or replaced by other safeguarding directions, so that the part of the Order land subject to safeguarding directions is reduced or increased in extent in comparison with, or otherwise differs from, the part referred to in paragraph (a), or

     2. (ii)

        planning permission or development consent is granted, for the project in respect of which the safeguarding directions were given, that authorises development on a part of the Order land that is reduced or increased in extent in comparison with, or otherwise differs from, the part referred to in paragraph (a),

     that reduced, increased or different part of the Order land, provided that it has been identified on an OS plan, and that OS plan has been submitted to the Secretary of State for approval and endorsed by the Secretary of State, after the Secretary of State has determined that the decision to endorse that plan meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions);

• “safeguarding directions” means directions given under articles 18(4), 31(1) and 34(8) of the DMP Order by the Secretary of State for Transport that relate to development affecting the route and associated works for the East West Railway project.