Article 4 Grant of planning permission

(1)

Subject to the provisions of this Order, planning permission is granted for the classes of development described in Schedule 2 (classes of development permitted).

(2)

Subject to paragraph (3), the permission granted by paragraph (1) includes—

(a)

the carrying out of building operations, engineering operations, or other operations^f1, other than mining operations, in, on, under or over the Order land in relation to any work of a kind referred to in Schedule 2;

(b)

the making of any material change in the use of any buildings or other land for the purposes of any such work, including changes—

(i)

from use for the purposes of another such work, including a different kind of work referred to in a different paragraph or sub-paragraph, or the same paragraph or sub-paragraph, of Schedule 2;

(ii)

from other uses;

(c)

the first and any subsequent occasion on which any such operations are carried out, or any such material change in use takes place, in relation to any such work or any part of the Order land.

(3)

Where a work (“work A”) belongs to a category described in a row in the first column of the Table below (a “relevant category”), planning permission is not granted for—

(a)

building, engineering or other operations as described in paragraph (2)(a) in relation to work A, or

(b)

a material change in the use of land or of a building as described in paragraph (2)(b) for the purposes of work A,

unless work A is or will be functionally associated with another work (“work B”) which belongs to a category which is referred to in the second column of the Table below (an “associated category”), and that associated category appears in the same row of the Table as the relevant category to which work A belongs.

Table: relevant categories and associated categories

Relevant category	Associated category
Works of a kind referred to in paragraph 1(d) of Schedule 2	Works of a kind referred to in paragraph 1(a), (b) or (c) of Schedule 2
Works of a kind referred to paragraph 2, 3 or 6 of Schedule 2	Works of a kind referred to in paragraph 1(a), (b), (c) or (d) of Schedule 2
Works of a kind referred to in paragraph 4, 5, 7, 8, or 9 of Schedule 2	Works of a kind referred to in paragraph 1, 2, 3, or 6 of Schedule 2

(4)

For the purposes of this Order, work A is “functionally associated” with work B if work A exists, or construction work has been or is proposed to be carried out in relation to it, wholly or mainly for the purposes of supporting, facilitating, enhancing, or mitigating the impacts of, the construction or operation of work B, including by—

(a)

facilitating travel to work B by any workers or visitors;

(b)

providing utility or other services to—

(i)

work B;

(ii)

workers engaged in construction work or other activity for the purposes of work B while they are on the Order land;

(iii)

visitors occupying work B while they are on the Order land;

(c)

providing ecological mitigation in respect of the construction or operation of work B or the effects of its construction or operation, including through the provision of habitats;

(d)

where work B is of a kind referred to in paragraph 1 or 2 of Schedule 2, providing goods that workers or visitors within sub-paragraph (b)(ii) or (iii) of this paragraph are likely to require or wish to be provided with while they are on the Order land.

Annotations

Footnotes

f1: “Building operations” are defined in section 55(1A) of the Town and Country Planning Act 1990 (c.8) and “engineering operations” are defined in section 336(1) of that Act.