Paragraph 26 Requirement for masterplan or detailed design approval

(1)

Subject to sub-paragraph (2), no authorised development of a kind referred to in article 4(2)(a) (grant of planning permission) may begin unless—

(a)

if it relates to class 3 or class 6 authorised works, or the construction of a work that is proposed to have a height of 45 metres AGL or more—

(i)

the site controller has submitted to the Secretary of State for approval a detailed design in respect of that authorised work, and

(ii)

the Secretary of State has endorsed that detailed design;

(b)

if it relates to any other authorised works—

(i)

the site controller has submitted to the Secretary of State for approval—

(aa)

a masterplan for the zone or part of a zone where the authorised works are proposed to be located, or

(bb)

a detailed design in respect of the authorised works, and

(ii)

the Secretary of State has endorsed that masterplan or detailed design.

(2)

Sub-paragraph (1) does not apply to authorised development of a kind referred to in article 4(2)(a) if, or to the extent that—

(a)

the authorised works to which it relates—

(i)

are proposed to be located in the Inner Core Zone and do not comprise a public road, and

(ii)

either do not comprise a relevant work as defined in sub-paragraph (1) of condition 43 (impact of authorised development on natural light in certain dwellings), or, if they do comprise a relevant work as so defined, meet the reporting criteria as specified in sub-paragraph (5) of that condition and the construction criterion as specified in sub-paragraph (6)(a) of that condition;

(b)

the authorised development is proposed to be carried out outside the Inner Core Zone and consists of or relates to—

(i)

preliminary work;

(ii)

site preparatory work;

(iii)

the provision of construction worker accommodation under condition 22 (construction worker accommodation);

(iv)

development carried out to implement an endorsed habitat location plan or habitat creation and enhancement plan;

(v)

authorised development—

(aa)

in class 3 or class 6, relating to class 3 or class 6 authorised works after they have first been constructed,

(bb)

which, where it involves the construction of new infrastructure, only involves the construction of infrastructure that replaces existing infrastructure of the same or a similar type, and that is not substantially larger, in terms of its capacity or extent, than the existing infrastructure that it replaces, and

(cc)

which will not have an effect of the kind referred to in article 7(7)(b)(i) or (ii) (modification of reference documents, controlling documents and endorsement conditions);

(vi)

authorised development in any of the following classes—

(aa)

class 4;

(bb)

class 8(a)(i), provided that its height does not exceed 5.4 metres AGL;

(cc)

class 8(a)(ii), (iii) or (iv);

(dd)

class 8(b)(i), (ii) or (iii);

(ee)

class 9(b)(i), (ii), (iii), (iv) or (vi);

(ff)

class 9(b)(v), provided that its height does not exceed 5.4 metres AGL;

(c)

condition 47 (means of enclosure with a height of more than 5.4 metres AGL) applies to that authorised development and a plan for it has been submitted to the Secretary of State under that condition and endorsed.

(3)

A change to the boundary of a specified habitat, or in the use of land on which a specified habitat is created, retained or enhanced—

(a)

may only be made in accordance with a modification, endorsed by the Secretary of State, of the plans relating to that specified habitat that have been endorsed under Part 3 (habitat creation, enhancement and maintenance), and

(b)

is not authorised by the endorsement of a masterplan or detailed design that relates to that specified habitat or land, unless—

(i)

the site controller requests such a modification at the same time as seeking approval of that masterplan or detailed design, and

(ii)

the Secretary of State endorses that modification.