The Town and Country Planning (General Development Procedure) (Amendment) (No. 2) (England) Order 2006

• Citation: S.I. 2006/2375
• Sections: 3

Section 1 Citation, commencement, interpretation and application

(1) This Order may be cited as the Town and Country Planning (General Development Procedure) (Amendment) (No. 2) (England) Order 2006 and shall come into force on 1st October 2006.

(2) In this Order, “the 1995 Order ” means the Town and Country Planning (General Development Procedure) Order 1995 .

(3) This Order applies in relation to England only.

Section 2 Amendment of the Town and Country Planning (General Development Procedure) Order 1995

(1) The 1995 Order is amended as follows.

(2) In the table in article 10 (consultations before the grant of planning permission)—

(a) for paragraph (p) substitute—

Development involving—

the carrying out of works or operations in the bed of, or within 20 metres of the top of a bank of, a main river which has been notified to the local planning authority by the Environment Agency as a main river for the purposes of this provision; or

the culverting or control of flow of any river or stream

(b) after paragraph (zc) insert—

Development, other than minor development, which is to be carried out on land—

in an area within Flood Zones 2 or 3; or

in an area within Flood Zone 1 which has critical drainage problems and which has been notified for the purpose of this provision to the local planning authority by the Environment Agency

(3) In article 10(2)—

(a) after subparagraph (g), insert—

(ga) in paragraph (p), “main river” has the same meaning as in section 113 of the Water Resources Act 1991 ;

(b) after subparagraph (n), insert—

(o) in paragraph (zd)—

“Flood Zone 1” means land which has a less than a 1 in 1000 annual probability of river or sea flooding ;

“Flood Zone 2” means land which has—

between a one in 100 and 1 in 1000 annual probability of river flooding; or

between a one in 200 and 1 in 1000 annual probability of sea flooding;

“Flood Zone 3” means land which has—

a 1 in 100 or greater annual probability of river flooding; or

a 1 in 200 or greater annual probability of sea flooding;

“minor development” means—

development of an existing dwelling-house, or development within the curtilage of such a dwelling-house, for any purpose incidental to the enjoyment of the dwelling-house as such;

the extension of an existing building used for non-domestic purposes where the floorspace created by the development does not exceed 250 square metres; and

the alteration of an existing building where the alteration does not increase the size of the building; and

Section 3 Transitional provision

The amendments made to the 1995 Order by article 2 do not apply in relation to any application made before 1st October 2006.