Article 4 Planning functions of the development corporation in the central planning functions area

(1)

Subject to articles 7 and 8, the development corporation shall be the local planning authority for the central planning functions area for the purposes of Part 3 of the 1990 Act in relation to all kinds of development except for—

(a)

development which would be permitted by any Part of Schedule 2 to the GPDO but for a direction given or having effect as given under article 4 (directions restricting permitted development) of the GPDO;

(b)

development which falls within Parts 6, 7, 11, 17, 19, 20, 21, 23, 24, 30 or 31 of Schedule 2 to the GPDO and in relation to which approval or prior approval of the local planning authority is required;

(c)

subject to paragraph (2), operational development—

(i)

consisting of the enlargement, improvement or other alteration of a dwellinghouse; or

(ii)

on land within the curtilage of a dwellinghouse;

(d)

to the extent that it is not specified in sub-paragraph (a) to (c), development by or on behalf of an electronic communications code operator for the purpose of the operator’s electronic communications network; and

(e)

to the extent that it is not otherwise specified in this paragraph, development which is primarily for the installation, alteration or replacement of a microwave antenna or a satellite antenna.

(2)

Paragraph (1)(c) does not apply where the development will result in the provision of one or more additional dwellinghouses.

(3)

For the purposes of this article—

(a)

“dwellinghouse” includes a building containing one or more flats, and a flat contained within such a building;

(b)

“electronic communications code operator” and “electronic communications network” have the same meaning as in the Communications Act 2003^f1; and

(c)

“microwave antenna” and “satellite antenna” have the same meaning as in article 1(2) of the GDPO.

Annotations

Footnotes

f1: 2003 c. 21.