The Town and Country Planning General Development (Amendment) (No. 2) Order 1992

• Citation: S.I. 1992/658
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Town and Country Planning General Development (Amendment) (No. 2) Order 1992 and shall come into force on 1st June 1992.

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

Section 2 Amendment of interpretation article

In article 1(2) of the 1988 Order (interpretation)—

(a) omit the definitions of “hazardous substance” and “notifiable quantity”;

(b) for the definition of “notifiable pipeline” substitute—

“notifiable pipe-line” means a pipe-line, as defined in section 65 of the Pipe-lines Act, 1962 , which contains or is intended to contain a hazardous substance, as defined in regulation 2(1) of the Notification Regulations, except—

(a) a pipe-line the construction of which has been authorised under section 1 of the Pipe-lines Act, 1962; or

(b) a pipe-line which contains or is intended to contain no hazardous substance other than—

(i) a flammable gas (as specified in item 1 of Part II of Schedule 1 to the Notification Regulations) at a pressure of less than 8 bars absolute; or

(ii) a liquid or mixture of liquids, as specified in item 4 of Part II of that Schedule;

Section 3 Permitted development

In article 3 of the 1988 Order (permitted development)—

(a) in paragraph (2) omit from “and subject to” to the end;

(b) for paragraph (7) substitute—

(7) Schedule 2 does not grant permission for the laying or construction of a notifiable pipe-line, except in the case of the laying or construction of a notifiable pipe-line by a public gas supplier in accordance with Class F of Part 17 of that Schedule.

(c) omit paragraphs (8) to (10).

Section 4 Consultation before the grant of permission

In article 18 of the 1988 Order (consultations before the grant of permission), in paragraph (d) of the Table in paragraph (1) substitute for everything except the name of the consultee—

(d) Development within an area whcih has been notified to the local planning authority by the Health and Safety Executive for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances and which involves the provision of —

(i) residential accommodation;

(ii) more than 250 square metres of retail floorspace;

(iii) more than 500 square metres of office floorspace; or

(iv) more than 750 square metres of floorspace to be used for an industrial process,

or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area.

Section 5 Transitional

Paragraph (d) of the Table in paragraph (1) of article 18 of the 1988 Order, as substituted by article 4 of this Order, shall not apply in relation to applications for planning permission made before the coming into force of article 4.