The Town and Country Planning (Miscellaneous Amendments and Modifications relating to Crown Land) (Wales) Order 2006

• Citation: S.I. 2006/1386 (W.)
• Sections: 60

Section 1 Title, Commencement and Application

(1) The title of this Order is the Town and Country Planning (Miscellaneous Amendments and Modifications relating to Crown Land) (Wales) Order 2006 and it comes into force on 7 June 2006.

(2) This Order applies in relation to Wales.

Section 2 Town and Country Planning (Use Classes) Order 1987

(1) The Town and Country Planning (Use Classes) Order 1987 is amended as follows.

(2) In Part C of the Schedule, after Class 2 (residential institutions) insert–

Secure residential institutions

(C2A) Use for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation or use as military barracks.

(3) In Part D of the Schedule, in class D1 (non-residential institutions) after sub-paragraph (h) insert–

(i) as a law court.

Section 3 Town and Country Planning (General Permitted Development) Order 1995

(1) The Town and Country Planning (General Permitted Development) Order 1995 is modified as follows.

(2) In article 1(2) (interpretation)–

(a) in the definition of “building”for “and Class A of Part 31” substitute “, Class A of Part 31 and Class C of Part 38”;

(b) after the definition of “classified road”insert–

“Crown land” has the meaning given by section 293 of the Act;

(c) after the definition of “Notification Regulations”insert–

“operational Crown building” means a building which is operational Crown land;

“operational Crown land” means–

Crown land which is used for operational purposes; and

Crown land which is held for those purposes,

but does not include–

land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or held, for operational purposes;

Crown land–

belonging to Her Majesty in right of the Crown and forming part of the Crown Estate;

in which there is an interest belonging to Her Majesty in right of Her private estates;

in which there is an interest belonging to Her Majesty in right of the Duchy of Lancaster; or

belonging to the Duchy of Cornwall;

“operational purposes” means the purposes of carrying on the functions of the Crown or of either House of Parliament;

(d) for the definition of “original”substitute–

“original” means–

in relation to a building, other than a building which is Crown land, existing on 1st July 1948, as existing on that date and, in relation to a building, other than a building which is Crown land, built on or after 1st July 1948, as so built;

in relation to a building which is Crown land on 7th June 2006, as existing on that date and, in relation to a building built on or after 7th June 2006 which is Crown land on the date of its completion, as so built;

(3) After paragraph (12) of article 1 insert–

(13) For the purposes of this Order, development carried out by or on behalf of any person in whom control of accommodation in any part of the Palace of Westminster or its precincts is vested shall be treated (so far as it would not otherwise be treated) as development by or on behalf of the Crown.

(4) In article 3(12) (permitted development) after sub-paragraph (f) insert–

(g) development for which permission is granted by Class B of Part 13.

(5) In article 4(3) (directions restricting permitted development)–

(a) after sub-paragraph (a) insert–

(aa) development permitted by Class B of Part 13;

(ab) development permitted by Part 37 or Part 38;

(b) in sub-paragraph (b) after “emergency”insert “other than development permitted by Part 37”.

(6) In Schedule 2 (permitted development)–

(a) for Part 13 (development by local highway authorities) substitute Part 13 as set out in Part 1 of the Schedule to this Order; and

(b) after Part 33 (closed circuit television cameras) insert Parts 34 to 38 as set out in Part 2 of that Schedule.

Section 4 Town and Country Planning (General Development Procedure) Order 1995

(1) The Town and Country Planning (General Development Procedure) Order 1995 is amended as follows.

(2) For article 4A (applications in respect of Crown land) substitute–

Applications in respect of Crown land

(4A)

(1) An application for planning permission in respect of Crown land must be accompanied by–

(a) a statement that the application is made in respect of Crown land; and

(b) where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation.

(3) In article 8 (publicity for applications for planning permission) after paragraph (7) insert–

(7A) This article applies to applications made to the Secretary of State under section 293A of the Act (urgent Crown development) as if the references to a local planning authority were references to the Secretary of State.

(4) After article 10 (consultations before the grant of planning permission) insert–

Consultations before the grant of planning permission: urgent Crown development

(10A)

(1) Article 10 applies in relation to applications made to the Secretary of State under section 293A of the Act with the following modifications.

(2) For paragraphs (1), (1A), and (1B) substitute–

(1) Before granting planning permission for development which, in the opinion of the Secretary of State, falls within a category set out in the table below, the Secretary of State must consult the authority or person mentioned in relation to that category, except where–

(a) the authority or person so mentioned has advised the Secretary of State that they do not wish to be consulted; or

(b) the development is subject to any standing advice provided by the authority or person so mentioned to the Secretary of State in relation to the category of development.

(1A) The exception in paragraph (1)(a) will not apply where, in the opinion of the Secretary of State, development falls within paragraph (zb) of the table below.

(1B) The exception in paragraph (1)(b) will not apply where–

(a) the development is an EIA development; or

(b) the standing advice was issued more than two years before the date of the application for planning permission for the development and the guidance has not been amended or confirmed as being extant by the authority or person within that period.

(3) In the table after paragraph (b) insert–

(4) Omit paragraph (3).

(5) In paragraph (4)–

(a) for “a local planning authority are”substitute “the Secretary of State is”;

(b) in sub-paragraph (a) for “they shall”substitute “it must”.

(6) In paragraph (5) for “local planning authority” substitute “Secretary of State”.

(5) In article 19(3) (representations to be taken into account) for “of the Act (reference of applications to the Secretary of State)” substitute “(reference of applications to the Secretary of State) and section 293A(2) (applications for urgent Crown development) of the Act”.

(6) In article 25 (register of applications)–

(a) in paragraph (4)(d) after “whether on appeal”insert “, on an application under section 293A(2) of the Act (applications for urgent Crown development)”;

(b) in paragraph (9) for “Every”substitute “Subject to paragraph (9A), every”; and

(c) after paragraph (9) insert–

(9A) A copy of any application made under section 293A(2) of the Act (applications for urgent Crown development) and of any plans and drawings submitted in relation to it must be placed on the register within 14 days of the date on which the local planning authority is consulted on the application by the Secretary of State.

(7) In Part 1 of Schedule 2 (notices under articles 6 and 9)–

(a) in the first notice–

(i) for “Council”substitute “[Council] [National Assembly for Wales]†” in each place where the word occurs; and

(ii) in note (05) after “Council”insert “or the National Assembly for Wales as appropriate”;

(b) in the second notice–

(i) for “Council”substitute “[Council] [National Assembly for Wales]†” in each place where the word occurs; and

(ii) in note (g) after “Council”insert “or the National Assembly for Wales as appropriate”.

A Permitted development

The carrying out by a highway authority–

(a) on land within the boundaries of a road, of any works required for the maintenance or improvement of the road, where such works involve development by virtue of section 55(2)(b) of the Act; or

(b) on land outside but adjoining the boundary of an existing highway of works required for or incidental to the maintenance or improvement of the highway.

B Permitted development

The carrying out by the Secretary of State of works in exercise of the functions of the Secretary of State under the Highways Act 1980 , or works in connection with, or incidental to, the exercise of those functions.

A Permitted development

The erection or construction and the maintenance, improvement or other alteration by or on behalf of the Crown of–

(a) any small ancillary building, works or equipment on Crown land required for operational purposes;

(b) lamp standards, information kiosks, passenger shelters, shelters and seats, telephone boxes, fire alarms, drinking fountains, refuse bins or baskets, barriers for the control of people and vehicles, and similar structures or works required in connection with the operational purposes of the Crown.

A.1 Interpretation of Class A

The reference in Class A to any small ancillary building, works or equipment is a reference to any ancillary building, works or equipment not exceeding 4 metres in height or 200 cubic metres in capacity.

B Permitted development

The extension or alteration by or on behalf of the Crown of an operational Crown building.

B.1 Development not permitted

Development is not permitted by Class B if–

(a) the building as extended or altered is to be used for purposes other than those of–

(i) the Crown; or

(ii) the provision of employee facilities;

(b) the height of the building as extended or altered would exceed the height of the original building;

(c) the cubic content of the original building would be exceeded by more than–

(i) 10%, in respect of development on any article 1(5) land; or

(ii) 25%, in any other case;

(d) the floor space of the original building would be exceeded by more than–

(i) 500 square metres in respect of development on any article 1(5) land; or

(ii) 1,000 square metres in any other case;

(e) the external appearance of the original building would be materially affected;

(f) any part of the building as extended or altered would be within 5 metres of any boundary of the curtilage of the original building; or

(g) the development would lead to a reduction in the space available for the parking or turning of vehicles.

B.2 Interpretation of Class B

For the purposes of Class B–

(a) the erection of any additional building within the curtilage of another building (whether by virtue of Class B or otherwise) and used in connection with it is to be treated as the extension of that building, and the additional building is not to be treated as an original building;

(b) where two or more original buildings are within the same curtilage and are used for the same operational purposes, they are to be treated as a single original building in making any measurement;

(c) “employee facilities”means social, care or recreational facilities provided for employees or servants of the Crown, including crèche facilities provided for the children of such employees or servants.

C Permitted development

Development carried out by or on behalf of the Crown on operational Crown land for operational purposes consisting of–

(a) the installation of additional or replacement plant or machinery;

(b) the provision, rearrangement or replacement of a sewer, main, pipe, cable or other apparatus; or

(c) the provision, rearrangement or replacement of a private way, private railway, siding or conveyor.

C.1 Development not permitted

Development described in Class C(a) is not permitted if–

(a) it would materially affect the external appearance of the premises; or

(b) any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.

C.2 Interpretation of Class C

In Class C, “Crown land”does not include land in or adjacent to and occupied together with a mine.

D Permitted development

The provision by or on behalf of the Crown of a hard surface within the curtilage of an operational Crown building.

A Permitted development

The carrying out on operational Crown land, by or on behalf of the Crown, of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at an airbase.

A.1 Development not permitted

Development is not permitted by Class A if it would consist of or include–

(a) the construction or extension of a runway;

(b) the construction of a passenger terminal the floor space of which would exceed 500 square metres;

(c) the extension or alteration of a passenger terminal, where the floor space of the building as existing at 7th June 2006 or, if built after that date, of the building as built, would be exceeded by more than 15%;

(d) the erection of a building other than an operational building;

(e) the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected.

A.2 Condition

Development is permitted by Class A subject to the condition that the relevant airbase operator consults the local planning authority before carrying out any development, unless that development falls within the description in paragraph A.4.

A.3 Interpretation of Class A

For the purposes of paragraph A.1, floor space shall be calculated by external measurement and without taking account of the floor space in any pier or satellite.

A.4 Interpretation of Class A

Development falls within this paragraph if–

(a) it is urgently required for the efficient running of the airbase, and

(b) it consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building, or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.

A.5 Interpretation of Class A

For the purposes of Class A, “operational building”means an operational Crown building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, military or civilian personnel, goods, military equipment, munitions and other items.

B Permitted development

The carrying out on operational land within the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

C Permitted development

The carrying out on operational land outside but within 8 kilometres of the perimeter of an airbase, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

C.1 Development not permitted

Development is not permitted by Class C if–

(a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b) any building erected would exceed a height of 4 metres; or

(c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast antenna or apparatus, if greater.

D Permitted development

The carrying out on operational land, by or on behalf of the Crown, of development in connection with the provision of air traffic services.

D.1 Development not permitted

Development is not permitted by Class D if–

(a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic services;

(b) any building erected would exceed a height of 4 metres; or

(c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

E Permitted development

The use of land by or on behalf of the Crown in an emergency to station moveable apparatus replacing unserviceable apparatus in connection with the provision of air traffic services.

E.1 Condition

Development is permitted by Class E subject to the condition that on or before the expiry of a period of six months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

F Permitted development

The use of land by or on behalf of the Crown to provide services and facilities in connection with the provision of air traffic services and the erection or placing of moveable structures on the land for the purposes of that use.

F.1 Condition

Development is permitted by Class F subject to the condition that, on or before the expiry of the period of six months beginning with the date on which the use began, the use shall cease, any structure shall be removed, and the land shall be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

G Permitted development

The use of land by or on behalf of the Crown for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations.

G.1 Condition

Development is permitted by Class G subject to the condition that on or before the expiry of the period of six months beginning with the date on which the use began, the use will cease, any apparatus will be removed, and the land must be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

H Permitted development

The use of buildings by or on behalf of the Crown within the perimeter of an airbase for purposes connected with air transport services or other flying activities at that airbase.

I Interpretation of Part 35

For the purposes of Part 35–

“airbase” means the aggregate of the land, buildings and works comprised in a Government aerodrome within the meaning of article 155 of the Air Navigation Order 2005 ; and

“air traffic services” has the same meaning as in section 98 of the Transport Act 2000 (air traffic services).

A Permitted development

Development by or on behalf of the Crown on operational Crown land, required in connection with the movement of traffic by rail.

A.1 Development not permitted

Development is not permitted by Class A if it consists of or includes–

(a) the construction of a railway;

(b) the construction or erection of a hotel, railway station or bridge; or

(c) the construction or erection otherwise than wholly within a railway station of an office, residential or educational building, car park, shop, restaurant, garage, petrol filling station or a building used for an industrial process.

A.2 Interpretation of Class A

For the purposes of Class A, references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected.

B Permitted development

Development by or on behalf of the Crown or its lessees on operational Crown land where the development is required–

(a) for the purposes of shipping; or

(b) at a dock, pier, pontoon or harbour in connection with the embarking, disembarking, loading, discharging or transport of military or civilian personnel, military equipment, munitions, or other items.

B.1 Development not permitted

Development is not permitted by Class B if it consists of or includes the construction or erection of a bridge or other building not required in connection with the handling of traffic.

B.2 Interpretation of Class B

For the purposes of Class B, references to the construction or erection of any building or structure include references to the reconstruction or alteration of a building or structure where its design or external appearance would be materially affected.

C Permitted development

The use of any land by or on behalf of the Crown for the spreading of any dredged material resulting from a dock, pier, harbour, water transport, canal or inland navigation undertaking.

D Permitted development

Development by or on behalf of the Crown on operational Crown land, or for operational purposes, consisting of–

(a) the use of the land as a lighthouse, with all requisite works, roads and appurtenances;

(b) the extension of, alteration, or removal of a lighthouse; or

(c) the erection, placing, alteration or removal of a buoy or beacon.

D.1 Development not permitted

Development is not permitted by Class D if it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected.

D.2 Interpretation of Class D

For the purposes of Class D–

“buoys and beacons” includes all other marks and signs of the sea; and

“lighthouse” includes any floating and other light exhibited for the guidance of ships, and also any sirens and any other description of fog signals.

A Permitted development

Development by or on behalf of the Crown on Crown land for the purposes of–

(a) preventing an emergency;

(b) reducing, controlling or mitigating the effects of an emergency; or

(c) taking other action in connection with an emergency.

A.1 Conditions

Development is permitted by Class A subject to the following conditions–

(a) the developer shall, as soon as practicable after commencing development, notify the local planning authority of that development; and

(b) on or before the expiry of the period of six months beginning with the date on which the development began–

(i) any use of that land for a purpose of Class A must cease and any buildings, plant, machinery, structures and erections permitted by Class A must be removed; and

(iii) the land must be restored to its condition before the development took place, or to such other state as may be agreed in writing between the local planning authority and the developer.

A2 Interpretation of Class A

(1) For the purposes of Class A, “emergency”means an event or situation which threatens serious damage to–

(a) human welfare in a place in the United Kingdom;

(b) the environment of a place in the United Kingdom; or

(c) the security of the United Kingdom.

(2) For the purposes of paragraph (1)(a) an event or situation threatens damage to human welfare only if it involves, causes or may cause–

(a) loss of human life;

(b) human illness or injury;

(c) homelessness;

(d) damage to property;

(e) disruption of a supply of money, food, water, energy or fuel;

(f) disruption of a system of communication;

(g) disruption of facilities for transport; or

(h) disruption of services relating to health.

(3) For the purposes of paragraph (1)(b) an event or situation threatens damage to the environment only if it involves, causes or may cause–

(a) contamination of land, water or air with biological, chemical or radio-active matter; or

(b) disruption or destruction of plant life or animal life.

A Permitted development

The erection, construction, maintenance, improvement or alteration of a gate, fence, wall of other means of enclosure by or on behalf of the Crown on Crown land for national security purposes.

A.1 Development not permitted

Development is not permitted by Class A if the height of any gate, fence, wall or other means of enclosure erected or constructed would exceed 4.5 metres above ground level.

B Permitted development

The installation, alteration or replacement by or on behalf of the Crown on Crown land of a closed circuit television camera and associated lighting for national security purposes.