The Town and Country Planning General Development (Amendment) Order 1990

• Citation: S.I. 1990/457
• Sections: 5

Section 1

(1) This Order may be cited as the Town and Country Planning General Development (Amendment) Order 1990 and shall come into force on 31st March 1990.

(2) In this Order “the 1988 Order ” means the Town and Country Planning General Development Order 1988 .

Section 2

In article 1(2) of the 1988 Order (interpretation), in the definition of “statutory undertaker”, after “water undertaker” insert “and a licence holder within the meaning of section 64(1) of the Electricity Act 1989 ”.

Section 3

For Part 16 of Schedule 2 to the 1988 Order (development by or on behalf of sewerage undertakers) substitute–

DEVELOPMENT BY OR ON BEHALF OF SEWERAGE UNDERTAKERS

Permitted development

(A) Development by or on behalf of a sewerage undertaker consisting of–

(a) development not above ground level required in connection with the provision, improvement, maintenance or repair of a sewer, outfall pipe, sludge main or associated apparatus;

(b) the provision of a building, plant or machinery or apparatus in, on, over or under land for the purpose of survey or investigation;

(c) the maintenance, improvement or repair of works for measuring the flow in any watercourse or channel;

(d) any works authorised by or required in connection with an order made under section 1 of the Drought Act 1976 or sections 131 or 132 of the Water Act 1989 ;

(e) any other development in, on, over or under their operational land, other than the provision of a building but including the extension or alteration of a building.

Development not permitted

(A.1) Development is not permitted by Class A(e) if–

(a) it would consist of or include the extension or alteration of a building so that–

(i) its design or external appearance would be materially affected; or

(ii) the height of the original building would be exceeded, or the content of the original building would be exceeded, by more than 25%; or

(iii) the floorspace of the original building would be exceeded by more than 1,000 square metres; or

(b) it would consist of the installation or erection of any plant or machinery exceeding 15 metres in height or the height of anything it replaces, whichever is the greater.

Condition

(A.2) Development is permitted by Class A(b) subject to the condition that, on completion of the survey or investigation, or at the expiration of 6 months from the commencement of the development concerned, whichever is the sooner, all such operations shall cease and all such buildings, plant or apparatus shall be removed and the land restored as soon as reasonably practicable to its former condition (or to any other condition which may be agreed with the local planning authority).

Section 4

In Class G of Part 17 of Schedule 2 to the 1988 Order (development by electricity suppliers)–

(a) in the first line of paragraph G for “the supply of electricity” substitute “the generation, transmission or supply of electricity”;

(b) after paragraph G.2 insert–

Interpretation of Class G

(G.3) For the purposes of Classes G(e), (f) and (g) the land of the holder of a licence under section 6(2) of the Electricity Act 1989 shall be treated as operational land if it would be operational land within section 222 of the Act if such licence holders were statutory undertakers for the purpose of that section.

Section 5

Article 2(5) of the Town and Country Planning General Development (Amendment) ( No. 2) Order 1989 is hereby revoked.