The Town and Country Planning (Central Manchester Urban Development Area) Special Development Order 1989

• Citation: S.I. 1989/2203
• Sections: 7

Section 1 Application, citation and commencement

(1) This Order shall apply to the Central Manchester urban development area.

(2) This Order may be cited as the Town and Country Planning (Central Manchester Urban Development Area) Special Development Order 1989 and shall come into force on 27th December 1989.

Section 2 Interpretation

In this Order, unless the context otherwise requires–

“the 1971 Act ” means the Town and Country Planning Act 1971;

“the 1980 Act ” means the Local Government, Planning and Land Act 1980;

“the development area” means the area designated as an urban development area by the Central Manchester Development Corporation (Area and Constitution) Order 1988 ;

“the development corporation” means the Central Manchester Development Corporation;

“the General Development Order ” means the Town and Country Planning General Development Order 1988 ; and expressions used in this Order shall have the meaning which they bear in the General Development Order; and

“new street” has the same meaning as in Part X of the Highways Act 1980 .

Section 3 Permitted development

Subject to the following provisions of this Order development within the development area in accordance with proposals approved by the Secretary of State under section 148(1) of the 1980 Act (not being development for which permission under the 1971 Act is granted or deemed to be granted otherwise than by this Order) is hereby permitted subject to such of the limitations and conditions set out in articles 4 to 6 of this Order as are applicable to that development and subject–

(a) to the development being begun within the period of five years beginning with the date on which the proposal for such development is approved by the Secretary of State or such other period (whether longer or shorter) beginning with that date as may be specified in the proposal as approved;

(b) where the development consists of or includes the erection, extension or alteration of any buildings, and is not to be carried out by the development corporation, to the approval by the corporation of the siting, design and external appearance of the buildings, means of access, provision for vehicle parking and for loading and unloading, provision for the storage of vehicles and containers and the storage of materials in the open and the landscaping of the site; and

(c) where the development consists of or includes the formation, laying out or alteration of a means of access to any highway used by vehicular traffic or the laying out of a new street, and the development is not to be carried out by the development corporation, to the approval by the corporation of detailed plans thereof.

Section 4 Exception where section 45 order previously made

Where planning permission for development has been revoked by an order made under section 45 of the 1971 Act, this Order shall not permit the carrying out of development of the description which was authorised by the revoked permission on the land to which that permission applied.

Section 5 Exception where section 51 order previously made

Where, by virtue of an order under section 51 of the 1971 Act, the use of land for any purpose is required to be discontinued, or any conditions are imposed on the continuance thereof, or any buildings or works are required to be altered or removed, nothing in this Order shall permit the carrying out of any development which would result in the resumption of the use of the land or the replacement or restoration of the buildings or works, as the case may be, as they were before the order took effect.

Section 6 Consultation before development

(1) The development corporation shall, before beginning any development permitted by this Order or granting any approval required by article 3(b) or (c) of this Order, consult the Manchester City Council, except where that council have advised the development corporation that they do not wish to be consulted.

(2) The development corporation shall, before beginning any development permitted by this Order which, in its opinion, falls within a category set out in the Schedule hereto, or granting any approval required by article 3(b) or (c) of this Order in relation to such development, consult the authority, person or body mentioned in relation to that category, except where the authority, person or body so mentioned has advised the development corporation that they do not wish to be consulted.

(3) Where this Order requires the development corporation to consult any authority or other person or body, the corporation shall–

(a) give to that authority or other person or body not less than 14 days notice of the proposed development together with particulars sufficient to identify the site and describe the development and, where the consultation relates to an approval required by article 3(b) or (c) of this Order, particulars of the proposed approval;

(b) not begin to carry out the development or grant the proposed approval until the expiration of the period of such notice; and

(c) take into account any objections or other representations received from such authority, person or body.

(4) Where any objection or representation has been made by an authority or other person or body consulted as aforesaid and has not been withdrawn, the development corporation shall send particulars of the proposed development and, where applicable, of the proposed approval under article 3(b) or (c) of this Order, and of the objection or representation to the Secretary of State in writing, and shall not begin the development or grant any such approval until the Secretary of State has notified the corporation that he does not intend to give a direction under article 7 of this Order in respect of the development.

Section 7 Directions restricting development permitted by this Order

(1) If the Secretary of State is satisfied that it is expedient that any development permitted by article 3 of this Order should not be undertaken unless permission is granted on an application in that behalf, he may direct that the permission granted by that article shall not apply to that development.

(2) Notice of a direction given by the Secretary of State under this article shall, except in the case of development to be carried out by the development corporation, be served by the corporation on the owner and occupier of every part of the land affected, and such direction shall come into force in respect of any part of the land on the date on which notice thereof is served on the occupier of that part or, if there is no occupier, on the owner.