Article 4 Conditions and limitationsI1
England and Wales
Development is not permitted by article 3 for—
the use of the land for the stationing of goods vehicles otherwise than in relation to those vehicles directed to use the freight holding area under Operation Stack;
the use of the land for the stationing of goods vehicles otherwise than on areas of hard standing;
the use of the land for the refuelling or unloading of goods vehicles;
the provision on the land of any structure, works, plant or machinery otherwise than on areas of hard standing;
the provision on the land of any structure, works, plant or machinery which exceeds 3 metres in height;
the use of the air traffic control tower building otherwise than as a centre for control and co-ordination of activities on the land relating to Operation Stack; and
the use of any building on the land (other than the air traffic control tower or any structure brought on to the land on or after 5th August 2015 for the purposes of Operation Stack).
Development permitted by article 3 is subject to the following conditions—
any hard standing must be kept in good repair and any defects in the hard standing which may allow surface water or other liquids to penetrate beneath the hard standing must be repaired, so the hard standing is impermeable, as soon as practicable;
the surface water drainage system must be kept in good repair and any defects or blockages to that system must be repaired or removed as soon as practicable;
the foul water drainage system must be kept in good repair and any defects or blockages to the foul water drainage systems must be repaired or removed as soon as practicable;
a plan identifying the foul water sewers and surface water drainage system, including the location of access points to deploy emergency stop valves, must be kept on the land at all times; and
any artificial lighting must be installed no closer than 10 metres from the boundary of the land and must be arranged so the main beam angle of each installation is directed downward so as to minimise light spill.
As soon as reasonably practicable after F131st December 2019—
all structures, works, plant or machinery brought on to the land on or after 5th August 2015 for the purposes of Operation Stack must be removed; and
the land must be restored to its condition immediately before 5th August 2015.
Annotations
Textual amendments
- F1
Words in art. 4(3) substituted (31.12.2017) by The Town and Country Planning (Operation Stack) Special Development (Amendment) Order 2017 (S.I. 2017/1137), arts. 1, 4
Commencement
- I1
Art. 4 in force at 2.9.2015, see art. 1(1)