# The West Northamptonshire Development Corporation (Planning Functions) Order 2006, Article 5: Planning functions of the development corporation in the outer planning functions area


(1) Subject to articles 7 and 8, the development corporation shall be the local planning authority for the outer planning functions area for the purposes of Part 3 of the 1990 Act in relation to the following kinds of development—
(a) development which comprises or includes the provision of 50 or more dwellinghouses;
(b) development which comprises or includes the provision of dwellinghouses, where the development occupies one hectare or more of land;
(c) development which is likely to result in the loss of more than 50 dwellinghouses (irrespective of whether the development would also entail the provision of new dwellinghouses);
(d) development which is likely to prejudice the residential use of land, where that land exceeds one hectare and is used for residential use;
(e) development which comprises or includes the provision of, or is likely to result in the loss of, 2,500 or more square metres of floorspace for a mixed use;
(f) development which comprises or includes a mixed use where the development occupies one hectare or more of land;
(g) development which comprises or includes the provision of, or is likely to result in the loss of, 2,500 or more square metres of floorspace for a use falling within any or all of the following classes of the Use Classes Order—
(i) class A1 (shops);
(ii) class A3 (restaurants and cafes)
(iii) class A4 (drinking establishments);
(iv) class A5 (hot food takeaways);
(v) class B1 (business);
(vi) class B2 (general industrial);
(vii) class B8 (storage or distribution);
(h) development which comprises or includes the provision for a use falling within class B1, B2 or B8 of the Use Classes Order where the development occupies one hectare or more of land;
(i) development which comprises or includes the provision of, or is likely to result in the loss of, 1,000 square metres or more of floorspace for a casino or use falling within any or all of the following classes of the Use Classes Order—
(i) class C2 (residential institutions);
(ii) class D1 (non-residential institutions);
(iii) class D2 (assembly and leisure);
(j) development which comprises or includes the provision of a casino or use falling within class D2 of the Use Classes Order where the development occupies one hectare or more of land;
(k) development which comprises or includes the provision of a building which is 15 metres or more in height;
(l) development on two hectares or more of land which comprises or includes the winning and working of minerals in, on, or under the land, whether by surface or underground working;
(m) waste or recycling development to provide an installation with capacity for a throughput of more than 20,000 tonnes a year of refuse or of waste materials produced outside the land in respect of which planning permission is sought;
(n) development which includes the provision of 50 or more car parking spaces, whether or not in combination with any other development or use;
(o) development which comprises, includes the provision of, or extends—
(i) an aircraft runway, airfield or aerodrome;
(ii) a heliport (including a helipad on a building);
(iii) an air passenger terminal;
(iv) a railway station;
(v) a tramway, an underground, surface or elevated railway, or a cable car;
(vi) a bus or coach station;
(vii) a waterway, river or canal crossing or pier;
(viii) any highway (other than a bridleway, cycle way or footpath);
(p) development which occupies one hectare or more of land and which—
(i) is likely to prejudice the use, or lead to the loss of use, of land being used as a playing field; or
(ii) is on land which has been—
(aa) used as a playing field at any time in the five years before the making of the relevant application for planning permission and which remains undeveloped;
(bb) allocated for use as a playing field in a development plan or in proposals for a for such a plan or its alteration or replacement;
(q) development which is not of a kind specified in any of the preceding sub-paragraphs but which forms part of more substantial proposed development of such a kind on the same land or adjoining land in the development area.
(2) In deciding whether development forms part of more substantial proposed development, there shall be taken into account other development of the same land or adjoining land in the development area—
(a) in respect of which an application for planning permission has been made but not finally determined on the date the relevant application is received;
(b) in respect of which planning permission has been granted within the period of five years immediately preceding that date; or
(c) which has been substantially completed within the period of five years immediately preceding that date.
(3) For the purposes of this article—
(a) “floorspace” shall be calculated by external measurement;
(b) “highway”, “bridleway”, “cycle path” and “footpath” have the same meaning as in section 329 of the Highways Act 1980;
(c) “playing field” has the same meaning as in article 10(2)(l) of the Town and Country Planning (General Development Procedure) Order 1995;
(d) land shall be treated as used for a particular use if—
(i) it was last used for that use, or
(ii) it is allocated for that use in—
(aa) the development plan in force in the area in which the application site is situated;
(bb) in proposals for such a plan; or
(cc) proposals for the alteration or replacement of such a plan;
(e) development occupies that area in respect of which the application for planning permission for the development seeks planning permission.
(f) “recycling development” means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, recycling of refuse or waste materials;
(g) references to recycling waste include re-using it (whether or not the waste is subjected to any process); and
(h) “waste development” means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, keeping, processing, recovering or disposing of refuse or waste materials.

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Source: https://www.legislation.gov.uk/uksi/2006/616/article/5 (the official version)
Page: https://openlegislation.uk/west-northamptonshire-development-corporation-planning-functions-order-2006/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.