Article 4 Grant of temporary planning permissionI1

England and Wales

(1)

Subject to the provisions of this Order, planning permission is granted for—

(a)

the making of any material change in the use of any buildings or other land of a type specified in paragraph 1 of Schedule 2;

(b)

the carrying out of building, engineering or other operations of a type specified in paragraph 2 of Schedule 2;

(c)

development comprised in—

(i)

the cessation, decommissioning or removal of development within sub-paragraph (a) or (b);

(ii)

the reversion of the Order land and any buildings in, on, under or over it to their previous lawful use

(“authorised development”).

(2)

The planning permission granted by paragraph (1)—

(a)

is subject to—

(i)

the conditions specified in Schedule 3;

(ii)

such additional conditions as the Secretary of State may impose when giving subsequent approval or variation approval under article 6 (authorised development: decisions of the Secretary of State);

(b)

includes, as regards paragraphs (1)(a) and (b), planning permission for the retention and continued operation, after 10th April 2024, of development of a type specified in Schedule 2 that was first carried out on or before 10th April 2024 under planning permission granted by article 3(1) of the 2015 Order;

(c)

does not include planning permission for any material change in use, or building, engineering or other operations to take place, in respect of any heritage asset, other than the works that are to be undertaken by virtue of sub-paragraph (2)(b) of condition 10 (fencing) or sub-paragraph (2) of condition 12 (heritage management scheme).

(3)

The conditions referred to in paragraph (2)(a) apply to development within paragraph (2)(b) if and to the extent that it is retained and continues to operate after 10th April 2024, but they do not apply as regards its construction before that date.

(4)

Authorised development may only be carried out by or on behalf of the Home Secretary.

(5)

The planning permission granted by paragraph (1)(a) and (b) ceases at the end of 10th April 2027, and any development within those paragraphs must cease by that time.

(6)

The planning permission granted by paragraph (1)(c) ceases at, and reinstatement works must be completed by, the end of 10th October 2027.

Annotations

Commencement

I1: Art. 4 in force at 11.4.2024, see art. 1(2)