text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning (General Development Procedure) Order 1995 and shall come into force on 3rd June 1995.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Town and Country Planning Act 1990;
“building” includes any structure or erection, and any part of a building, as defined in this article, but does not include plant or machinery or any structure in the nature of plant or machinery;
“dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;
“environmental information” and “environmental statement” have the same meanings respectively as in regulation 2 of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (interpretation);
“erection”, in relation to buildings as defined in this article, includes extension, alteration, or re–erection;
“flat” means a separate and self–contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;
“floor space” means the total floor space in a building or buildings;
“landscaping” means the treatment of land (other than buildings) being the site or part of the site in respect of which an outline planning permission is granted, for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes screening by fences, walls or other means, the planting of trees, hedges, shrubs or grass, the formation of banks, terraces or other earthworks, the laying out of gardens or courts, and the provision of other amenity features;
“by local advertisement” means by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated;
“mining operations” means the winning and working of minerals in, on or under land, whether by surface or underground working;
“outline planning permission” means a planning permission for the erection of a building, which is granted subject to a condition requiring the subsequent approval of the local planning authority with respect to one or more reserved matters;
“proposed highway” has the same meaning as in section 329 of the Highways Act 1980 (further provision as to interpretation);
“ 1988 Regulations ” means the Town and Country Planning (Applications) Regulations 1988 ;
“reserved matters” in relation to an outline planning permission, or an application for such permission, means any of the following matters in respect of which details have not been given in the application, namely —
siting,
design,
external appearance,
means of access,
the landscaping of the site;
“by site display” means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;
“special road” means a highway or proposed highway which is a special road in accordance with section 16 of the Highways Act 1980 (general provisions as to special roads);
“trunk road” means a highway or proposed highway which is a trunk road by virtue of sections 10(1) or 19 of the Highways Act 1980 (general provisions as to trunk roads, and certain special roads and other highways to become trunk roads) or any other enactment or any instrument made under any enactment.
Application
2
1
This Order applies to all land in England and Wales, but where land is the subject of a special development order, whether made before or after the commence– ment of this Order, this Order shall apply to that land only to such extent and subject to such modifications as may be specified in the special development order.
2
Nothing in this Order shall apply to any permission which is deemed to be granted under section 222 of the Act (planning permission not needed for advertisements complying with regulations).
Applications for outline planning permission
3
1
Where an application is made to the local planning authority for outline planning permission, the authority may grant permission subject to a condition specifying reserved matters for the authority’s subsequent approval.
2
Where the authority who are to determine an application for outline planning permission are of the opinion that, in the circumstances of the case, the application ought not to be considered separately from all or any of the reserved matters, they shall within the period of one month beginning with the receipt of the application notify the applicant that they are unable to determine it unless further details are submitted, specifying the further details they require.
Applications for approval of reserved matters
4
An application for approval of reserved matters —
a
shall be made in writing to the local planning authority and shall give sufficient information to enable the authority to identify the outline planning permission in respect of which it is made;
b
shall include such particulars, and be accompanied by such plans and drawings, as are necessary to deal with the matters reserved in the outline planning permission; and
c
except where the authority indicate that a lesser number is required, shall be accompanied by three copies of the application and the plans and drawings submitted with it.
General provisions relating to applications
5
1
Any application made under regulation 3 of the 1988 Regulations (applications for planning permission) or article 4 above, shall be made —
a
where the application relates to land in Greater London or a metropolitan county, to the local planning authority;
b
where the application relates to land in neither Greater London nor a metropolitan county and —
i
that land is in a National Park, or
ii
the application relates to a county matter,
to the county planning authority;
c
in any other case, to the district planning authority .
2
When the local planning authority with whom an application has to be lodged receive —
a
in the case of an application made under paragraph (1) of regulation 3 of the 1988 Regulations, the form of application required by that paragraph, together with the certificate or other documents required by article 7;
b
in the case of an application made under regulation 3(3) of the 1988 Regulations, sufficient information to enable the authority to identify the previous grant of planning permission, together with the certificate or other documents required by article 7;
c
in the case of an application made under article 4 above, the documents and information required by that article,
and the fee, if any, required to be paid in respect of the application , the authority shall as soon as is reasonably practicable, send to the applicant an acknowledgement of the application in the terms (or substantially in the terms) set out in Part 1 of Schedule 1 hereto.
3
Where an application is made to a county planning authority in accordance with paragraph (1), that authority shall, as soon as practicable, send a copy of the application and of any accompanying plans and drawings to the district planning authority, if any.
4
Where, after sending an acknowledgement as required by paragraph (2) of this article, the local planning authority consider that the application is invalid by reason of a failure to comply with the requirements of regulation 3 of the 1988 Regulations or article 4 above or any other statutory requirement, they shall as soon as reasonably practicable notify the applicant that his application is invalid.
5
In this article, “county matter” has the meaning given to that expression in paragraph 1(1) of Schedule 1 to the Act (local planning authorities — distribution of functions).
Notice of applications for planning permission
6
1
Subject to paragraph (2), an applicant for planning permission shall give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of the land to which the application relates, or a tenant, —
a
by serving the notice on every such person whose name and address is known to him; and
b
where he has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement after the prescribed date.
2
In the case of an application for planning permission for development consisting of the winning and working of minerals by underground operations, instead of giving notice in the manner provided for by paragraph (1), the applicant shall give requisite notice of the application to any person (other than the applicant) who on the prescribed date is an owner of any of the land to which the application relates, or a tenant, —
a
by serving the notice on every such person whom the applicant knows to be such a person and whose name and address is known to him;
b
by local advertisement after the prescribed date; and
c
by site display in at least one place in every parish or community within which there is situated any part of the land to which the application relates, leaving the notice in position for not less than seven days in the period of 21 days immediately preceding the making of the application to the local planning authority.
3
The notice required by paragraph (2)(c) shall (in addition to any other matters required to be contained in it) name a place within the area of the local planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice.
4
Where the notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of seven days referred to in paragraph (2)(c) has elapsed, he shall be treated as having complied with the requirements of that paragraph if he has taken reasonable steps for protection of the notice and, if need be, its replacement.
5
a
The date prescribed for the purposes of section 65(2) of the Act (notice etc. of applications for planning permission), and the “prescribed date” for the purposes of this article, is the day 21 days before the date of the application;
b
The applications prescribed for the purposes of paragraph (c) of the definition of “owner” in section 65(8) of the Act are minerals applications, and the minerals prescribed for the purposes of that paragraph are any minerals other than oil, gas, coal, gold or silver.
6
In this article —
“minerals applications” mean applications for planning permission for development consisting of the winning and working of minerals;
“requisite notice” means notice in the appropriate form set out in Part 1 of Schedule 2 to this Order or in a form substantially to the like effect; and
“tenant” means the tenant of an agricultural holding any part of which is comprised in the land to which an application relates.
Certificates in relation to notice of applications for planning permission
7
1
Where an application for planning permission is made, the applicant shall certify, in the appropriate form prescribed in Part 2 of Schedule 2 to this Order or in a form substantially to the like effect, that the requirements of article 6 have been satisfied.
2
If an applicant has cause to rely on paragraph (4) of article 6, the certificate must state the relevant circumstances.
Publicity for applications for planning permission
8
1
An application for planning permission shall be publicised by the local planning authority to which the application is made in the manner prescribed by this article.
2
In the case of an application for planning permission for development which —
a
is the subject of an E.A. Schedule 1 or E.A. Schedule 2 application accompanied by an environmental statement;
b
does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated; or
c
would affect a right of way to which Part III of the Wildlife and Countryside Act 1981 (public rights of way) applies,
the application shall be publicised in the manner specified in paragraph (3).
3
An application falling within paragraph (2) (“a paragraph (2) application”) shall be publicised by giving requisite notice —
a
by site display in at least one place on or near the land to which the application relates for not less than 21 days, and
b
by local advertisement.
4
In the case of an application for planning permission which is not a paragraph (2) application, if the development proposed is major development the application shall be publicised by giving requisite notice —
a
i
by site display in at least one place on or near the land to which the application relates for not less than 21 days, or
ii
by serving the notice on any adjoining owner or occupier,
and
b
by local advertisement.
5
In a case to which neither paragraph (2) nor paragraph (4) applies, the application shall be publicised by giving requisite notice —
a
by site display in at least one place on or near the land to which the application relates for not less than 21 days, or
b
by serving the notice on any adjoining owner or occupier.
6
Where the notice is, without any fault or intention of the local planning authority, removed, obscured or defaced before the period of 21 days referred to in paragraph (3)(a), (4)(a)(i) or (5)(a) has elapsed, the authority shall be treated as having complied with the requirements of the relevant paragraph if they have taken reasonable steps for protection of the notice and, if need be, its replacement.
7
In this article —
“adjoining owner or occupier” means any owner or occupier of any land adjoining the land to which the application relates;
“E.A. Schedule 1 application” and “E.A. Schedule 2 application” have the same meanings as “Schedule 1 application” and “Schedule 2 application” respectively in regulation 2 of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (interpretation);
“major development” means development involving any one or more of the following —
the winning and working of minerals or the use of land for mineral–working deposits;
waste development;
the provision of dwellinghouses where —
the number of dwellinghouses to be provided is 10 or more; or
the development is to be carried out on a site having an area of 0.5 hectare or more and it is not known whether the development falls within paragraph (c)(i);
the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or
development carried out on a site having an area of 1 hectare or more;
“requisite notice” means notice in the appropriate form set out in Schedule 3 to this Order or in a form substantially to the like effect;
“waste development” means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, storing, processing or disposing of refuse or waste materials.
Applications for planning permission referred to the Secretary of State and appeals to the Secretary of State
9
1
Articles 6 and 7 apply to any appeal to the Secretary of State under section 78 of the Act (right to appeal against planning decisions and failure to take such decisions) as they apply to applications for planning permission.
2
Subject to paragraph (3), if the local planning authority have failed to satisfy the requirements of article 8 in respect of an application for planning permission at the time the application is referred to the Secretary of State under section 77 of the Act (reference of applications to Secretary of State), or any appeal to the Secretary of State is made under section 78 of the Act, article 8 shall continue to apply, as if such referral or appeal to the Secretary of State had not been made.
3
Where paragraph (2) applies, when the local planning authority have satisfied the requirements of article 8, they shall inform the Secretary of State that they have done so.
Consultations before the grant of permission
10
1
Before granting planning permission for development which, in their opinion, falls within a category set out in the table below, a local planning authority shall consult the authority or person mentioned in relation to that category, except where —
i
the local planning authority are the authority so mentioned;
ii
the local planning authority are required to consult the authority so mentioned under articles 11 or 12; or
iii
the authority or person so mentioned has advised the local planning authority that they do not wish to be consulted.
TABLE
Para Description of Development Consultee
(a) Development likely to affect land in Greater London or in a metropolitan county The local planning authority concerned (b) Development likely to affect land in a non–metropolitan county, other than land in a National Park The district planning authority concerned (c) Development likely to affect land in a National Park The county planning authority concerned (d)
Development within an area which 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 —
residential accommodation;
more than 250 square metres of retail floor space;
more than 500 square metres of office floor space; or
more than 750 square metres of floor space 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
The Health and Safety Executive (e) Development likely to result in a material increase in the volume or a material change in the character of traffic —
i
entering or leaving a trunk road; or
In England, the Secretary of State for Transport and, in Wales, the Secretary of State for Wales
ii
using a level crossing over a railway
The operator of the network which includes or consists of the railway in question, and in England, the Secretary of State for Transport and, in Wales, the Secretary of State for Wales (f) Development likely to result in a material increase in the volume or a material change in the character of traffic entering or leaving a classified road or proposed highway The local highway authority concerned (g) Development likely to prejudice the improvement or construction of a classified road or proposed highway The local highway authority concerned (h) Development involving —
i
the formation, laying out or alteration of any means of access to a highway (other than a trunk road); or
The local highway authority concerned
ii
the construction of a highway or private means of access to premises affording access to a road in relation to which a toll order is in force
The local highway authority concerned, and in the case of a road subject to a concession, the concessionaire (i) Development which consists of or includes the laying out or construction of a new street The local highway authority (j) Development which involves the provision of a building or pipe–line in an area of coal working notified by the Coal Authority to the local planning authority The Coal Authority (k) Development involving or including mining operations The National Rivers Authority (l) Development within three kilometres of Windsor Castle, Windsor Great Park, or Windsor Home Park, or within 800 metres of any other royal palace or park, which might affect the amenities (including security) of that palace or park The Secretary of State for National Heritage (m) Development of land in Greater London involving the demolition, in whole or part, or the material alteration of a listed building The Historic Buildings and Monuments Commission for England (n) Development likely to affect the site of a scheduled monument In England, the Historic Buildings and Monuments Commission for England, and, in Wales, the Secretary of State for Wales (o) Development likely to affect any garden or park of special historic interest which is registered in accordance with section 8C of the Historic Buildings and Ancient Monuments Act 1953 (register of gardens) and which is classified as Grade I or Grade II *. The Historic Buildings and Monuments Commission for England (p) Development involving the carrying out of works or operations in the bed of or on the banks of a river or stream The National Rivers Authority (q) Development for the purpose of refining or storing mineral oils and their derivatives The National Rivers Authority (r) Development involving the use of land for the deposit of refuse or waste The National Rivers Authority (s) Development relating to the retention, treatment or disposal of sewage, trade–waste, slurry or sludge (other than the laying of sewers, the construction of pumphouses in a line of sewers, the construction of septic tanks and cesspools serving single dwellinghouses or single caravans or single buildings in which not more than ten people will normally reside, work or congregate, and works ancillary thereto) The National Rivers Authority (t) Development relating to the use of land as a cemetery The National Rivers Authority (u)
Development —
in or likely to affect a site of special scientific interest of which notification has been given, or has effect as if given, to the local planning authority by the Nature Conservancy Council for England or the Countryside Council for Wales, in accordance with section 28 of the Wildlife and Countryside Act 1981 (areas of special scientific interest); or
within an area which has been notified to the local planning authority by the Nature Conservancy Council for England or the Countryside Council for Wales, and which is within two kilometres of a site of special scientific interest of which notification has been given or has effect as if given as aforesaid
The Council which gave, or is to be regarded as having given, the notice (v) Development involving any land on which there is a theatre The Theatres Trust (w)
Development which is not for agricultural purposes and is not in accordance with the provisions of a development plan and involves —
the loss of not less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes; or
the loss of less than 20 hectares of grades 1, 2 or 3a agricultural land which is for the time being used (or was last used) for agricultural purposes, in circumstances in which the development is likely to lead to a further loss of agricultural land amounting cumulatively to 20 hectares or more
In England, the Minister of Agriculture, Fisheries and Food and, in Wales, the Secretary of State for Wales (x)
Development within 250 metres of land which —
is or has, at any time in the 30 years before the relevant application, been used for the deposit of refuse or waste; and
has been notified to the local planning authority by the waste regulation authority for the purposes of this provision
The waste regulation authority concerned (y) Development for the purposes of fish farming The National Rivers Authority
2
In the above table —
a
in paragraph (d)(iv), “industrial process” means a process for or incidental to any of the following purposes —
i
the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);
ii
the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or
iii
the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine (and in this sub–paragraph, “mine” means any site on which mining operations are carried out);
b
in paragraph (e)(ii), “network” and “operator” have the same meaning as in Part I of the Railways Act 1993 (the provision of railway services);
c
in paragraphs (f) and (g), “classified road” means a highway or proposed highway which —
i
is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980 (general provision as to principal and classified roads); or
ii
is classified for the purposes of any enactment by the Secretary of State by virtue of section 12(3) of that Act;
d
in paragraph (h), “concessionaire”, “road subject to a concession” and “toll order” have the same meaning as in Part I of the New Roads and Street Works Act 1991 (new roads in England and Wales);
e
in paragraph (i), “street” has the same meaning as in section 48(1) of the New Roads and Street Works Act 1991 (streets, street works and undertakers), and “new street” includes a continuation of an existing street;
f
in paragraph (m), “listed building” has the same meaning as in section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (listing of buildings of special architectural or historic interest);
g
in paragraph (n), “scheduled monument” has the same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments);
h
in paragraph (s), “slurry” means animal faeces and urine (whether or not water has been added for handling), and “caravan” has the same meaning as for the purposes of Part I of the Caravan Sites and Control of Development Act 1960 (caravan sites);
i
in paragraph (u), “site of special scientific interest” means land to which section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest) applies;
j
in paragraph (v), “theatre” has the same meaning as in section 5 of the Theatres Trust Act 1976 (interpretation); and
k
in paragraph (x), “waste regulation authority” has the same meaning as in section 30(1) of the Environmental Protection Act 1990 (authorities for purposes of Part II).
3
The Secretary of State may give directions to a local planning authority requiring that authority to consult any person or body named in the directions, in any case or class of case specified in the directions.
4
Where, by or under this article, a local planning authority are required to consult any person or body (“the consultee”) before granting planning permission —
a
they shall, unless an applicant has served a copy of an application for planning permission on the consultee, give notice of the application to the consultee; and
b
they shall not determine the application until at least 14 days after the date on which notice is given under paragraph (a) or, if earlier, 14 days after the date of service of a copy of the application on the consultee by the applicant.
5
The local planning authority shall, in determining the application, take into account any representations received from a consultee.
Consultation with county planning authority
11
Where a district planning authority are required by paragraph 7 of Schedule 1 to the Act (local planning authorities — distribution of functions) to consult the county planning authority before determining an application for planning permission, they shall not determine the application until the expiry of at least 14 days after the date of the notice given to the county planning authority in accordance with sub–paragraph (6)(b) of that paragraph.
Applications relating to county matters
12
1
A county planning authority shall, before determining —
a
an application for planning permission under Part III of the Act (control over development);
b
an application for a certificate of lawful use or development under section 191 or 192 of the Act (certificates of lawfulness of existing or proposed use or development); or
c
an application for approval of reserved matters,
give the district planning authority, if any, for the area in which the relevant land lies a period of at least 14 days, from the date of receipt of the application by the district authority, within which to make recommendations about the manner in which the application shall be determined; and shall take any such recommendations into account.
2
A county planning authority shall —
a
on determining an application of a kind mentioned in paragraph (1), as soon as reasonably practicable notify the district planning authority, if any, of the terms of their decision; or
b
if any such application is referred to the Secretary of State, inform the district planning authority, if any, of the date when it was so referred and, when notified to them, of the terms of the decision.
Notice to parish and community councils
13
1
Where the council of a parish or community are given information in relation to an application pursuant to paragraph 8(1) of Schedule 1 to the Act (local planning authorities — distribution of functions), they shall, as soon as practicable, notify the local planning authority who are determining the application whether they propose to make any representations about the manner in which the application should be determined, and shall make any representations to that authority within 14 days of the notification to them of the application.
2
A local planning authority shall not determine any application in respect of which a parish or community are required to be given information before —
a
the council of the parish or community inform them that they do not propose to make any representations;
b
representations are made by that council; or
c
the period of 14 days mentioned in paragraph (1) has elapsed,
whichever shall first occur; and in determining the application the authority shall take into account any representations received from the council of the parish or community.
3
The district planning authority (or, in a metropolitan county, the local planning authority) shall notify the council of the parish or community of the terms of the decision on any such application or, where the application is referred to the Secretary of State, of the date when it was so referred and, when notified to them, of the terms of his decision .
Directions by the Secretary of State
14
1
The Secretary of State may give directions restricting the grant of permission by a local planning authority, either indefinitely or during such a period as may be specified in the directions, in respect of any development or in respect of development of any class so specified.
2
The Secretary of State may give directions —
a
that particular proposed development of a description set out in Schedule 1 or Schedule 2 to the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (descriptions of development) is exempted from the application of those Regulations, in accordance with Article 2(3) of Council Directive 85/337/ EEC ;
b
as to whether particular proposed development is or is not development in respect of which those Regulations require the consideration of environmental information (as defined in those Regulations) before planning permission can be granted; or
c
that development of any class described in the direction is development in respect of which those Regulations require the consideration of such information before such permission can be granted.
3
A local planning authority shall deal with applications for planning permission for development to which a direction given under this article applies in such manner as to give effect to the direction.
Special provisions as to permission for development affecting certain existing and proposed highways
15
1
Where an application is made to a local planning authority for planning permission for development which consists of or includes —
a
the formation, laying out or alteration of any access to or from any part of a trunk road which is either a special road or, if not a special road, a road subject to a speed limit exceeding 40 miles per hour; or
b
any development of land within 67 metres (or such other distance as may be specified in a direction given by the Secretary of State under this article) from the middle of —
i
any highway (other than a trunk road) which the Secretary of State has provided, or is authorised to provide, in pursuance of an order under Part II of the Highways Act 1980 (trunk roads, classified roads, metropolitan roads, special roads) and which has not for the time being been transferred to any other highway authority;
ii
any highway which he proposes to improve under Part V of that Act (improvement of highways) and in respect of which notice has been given to the local planning authority;
iii
any highway to which he proposes to carry out improvements in pursuance of an order under Part II of that Act; or
iv
any highway which he proposes to construct, the route of which is shown on the development plan or in respect of which he has given notice in writing to the relevant local planning authority together with maps or plans sufficient to identify the route of the highway,
the local planning authority shall notify the Secretary of State by sending him a copy of the application and any accompanying plans and drawings.
2
An application referred to in paragraph (1) above shall not be determined unless —
a
the local planning authority receive a direction given under article 14 of this Order (and in accordance with the terms of that direction);
b
they receive notification by or on behalf of the Secretary of State that he does not propose to give any such direction in respect of the development to which the application relates; or
c
a period of 28 days (or such longer period as may be agreed in writing between the local planning authority and the Secretary of State) from the date when notification was given to the Secretary of State has elapsed without receipt of such a direction.
3
The Secretary of State may, in respect of any case or any class or description of cases, give a direction specifying a different distance for the purposes of paragraph 1(b) above.
Notification of mineral applications
16
1
Where notice has been given for the purposes of this article to a mineral planning authority as respects land which is in their area and specified in the notice —
a
by the Coal Authority that the land contains coal;
b
by the Secretary of State for Trade and Industry that it contains gas or oil; or
c
by the Crown Estates Commissioners that it contains silver or gold,
the mineral planning authority shall not determine any application for planning permission to win and work any mineral on that land, without first notifying the body or person who gave the notice that an application has been made.
2
In this article, “coal” means coal other than that —
a
won or worked during the course of operations which are carried on exclusively for the purpose of exploring for coal; or
b
which it is necessary to dig or carry away in the course of activities carried on for purposes which do not include the getting of coal or any product of coal.
Development not in accordance with the development plan
17
A local planning authority may in such cases and subject to such conditions as may be prescribed by directions given by the Secretary of State under this Order grant permission for development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated.
Notice of reference of applications to the Secretary of State
18
On referring any application to the Secretary of State under section 77 of the Act (reference of applications to Secretary of State) pursuant to a direction in that behalf, a local planning authority shall serve on the applicant a notice —
a
setting out the terms of the direction and any reasons given by the Secretary of State for issuing it;
b
stating that the application has been referred to the Secretary of State; and
c
containing a statement that the Secretary of State will, if the applicant so desires, afford to him an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and that the decision of the Secretary of State on the application will be final.
Representations to be taken into account
19
1
A local planning authority shall, in determining an application for planning permission, take into account any representations made, where any notice of the application has been —
a
given by site display under article 6 or 8, within 21 days beginning with the date when the notice was first displayed by site display;
b
served on —
i
an owner of the land or a tenant of an agricultural holding under article 6, or
ii
an adjoining owner or occupier under article 8,
within 21 days beginning with the date when the notice was served on that person, provided that the representations are made by any person who satisfies them that he is such an owner, tenant or occupier; or
c
given by local advertisement under article 6 or 8, within 14 days beginning with the date on which the notice was published,
and the representations and periods in this article are representations and periods prescribed for the purposes of section 71(2)(a) of the Act (consultations in connection with determinations under section 70).
2
A local planning authority shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with paragraph (1)(b)(i), and such notice is notice prescribed for the purposes of section 71(2)(b) of the Act.
3
Paragraphs (1) and (2) of this article apply to applications referred to the Secretary of State under section 77 of the Act (reference of applications to Secretary of State) and paragraphs (1)(b) and (2) apply to appeals to the Secretary of State made under section 78 of the Act (right to appeal against planning decisions and failure to take such decisions), as if the references to —
a
a local planning authority were to the Secretary of State, and
b
determining an application for planning permission were to determining such application or appeal, as the case may be.
Time periods for decision
20
1
Subject to paragraph (5), where a valid application under article 4 or regulation 3 of the 1988 Regulations (applications for planning permission) has been received by a local planning authority, they shall within the period specified in paragraph (2) give the applicant notice of their decision or determination or notice that the application has been referred to the Secretary of State.
2
The period specified in this paragraph is —
a
a period of eight weeks beginning with the date when the application was received by a local planning authority;
b
except where the applicant has already given notice of appeal to the Secretary of State, such extended period as may be agreed in writing between the applicant and the local planning authority by whom the application falls to be determined; or
c
where a fee due in respect of an application has been paid by a cheque which is subsequently dishonoured, the appropriate period specified in (a) or (b) above calculated without regard to any time between the date when the authority sent the applicant written notice of the dishonouring of the cheque and the date when the authority are satisfied that they have received the full amount of the fee.
3
For the purposes of this article, the date when the application was received shall be taken to be the date when each of the following events has occurred —
a
the application form or application in writing has been lodged with the authority mentioned in article 5(1);
b
any certificate or documents required by the Act or this Order has been lodged with that authority; and
c
any fee required to be paid in respect of the application has been paid to that authority and, for this purpose, lodging a cheque for the amount of a fee is to be taken as payment.
4
A local planning authority shall provide such information about applications made under article 4 or regulation 3 of the 1988 Regulations (including information as to the manner in which any such application has been dealt with) as the Secretary of State may by direction require; and any such direction may include provision as to the persons to be informed and the manner in which the information is to be provided.
5
Subject to paragraph (6), a local planning authority shall not determine an application for planning permission, where any notice of the application has been —
a
given by site display under article 6 or 8, before the end of the period of 21 days beginning with the date when the notice was first displayed by site display;
b
served on —
i
an owner of the land or a tenant of an agricultural holding under article 6, or
ii
an adjoining owner or occupier under article 8,
before the end of the period of 21 days beginning with the date when the notice was served on that person;
c
given by local advertisement under article 6 or 8, before the end of the period of 14 days beginning with the date on which the notice was published,
and the periods in this paragraph are periods prescribed for the purposes of section 71(1) of the Act (consultations in connection with determinations under section 70).
6
Where, under paragraph (5), more than one of the prescribed periods applies, the local planning authority shall not determine the application before the end of the later or latest of such periods.
Applications made under planning condition
21
Where an application has been made to a local planning authority for any consent, agreement or approval required by a condition or limitation attached to a grant of planning permission (other than an application for approval of reserved matters or an application for approval under Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (development by telecommunications code system operators)) the authority shall give notice to the applicant of their decision on the application within a period of eight weeks from the date when the application was received by the authority, or such longer period as may be agreed by the applicant and the authority in writing.
Written notice of decision or determination relating to a planning application
22
1
When the local planning authority give notice of a decision or determination on an application for planning permission or for approval of reserved matters, and a permission or approval is granted subject to conditions or the application is refused, the notice shall —
a
state clearly and precisely their full reasons for the refusal or for any condition imposed; and
b
where the Secretary of State has given a direction restricting the grant of permission for the development for which application is made or where he or a Government Department has expressed the view that the permission should not be granted (either wholly or in part) or should be granted subject to conditions, give details of the direction or of the view expressed,
and shall be accompanied by a notification in the terms (or substantially in the terms) set out in Part 2 of Schedule 1 to this Order.
2
Where —
a
the applicant for planning permission has submitted an environmental statement; and
b
the local planning authority have decided (having taken environmental information into consideration) to grant permission (whether unconditionally or subject to conditions),
the notice given to the applicant in accordance with article 20(1) shall include a statement that environmental information has been taken into consideration by the authority.
Appeals
23
1
An applicant who wishes to appeal to the Secretary of State under section 78 of the Act (right to appeal against planning decisions and failure to take such decisions) shall give notice of appeal to the Secretary of State by —
a
serving on him, within the time limit specified in paragraph (2), a form obtained from him, together with such of the documents specified in paragraph (3) as are relevant to the appeal; and
b
serving on the local planning authority a copy of the form mentioned in paragraph (a), as soon as reasonably practicable, together with a copy of any relevant documents mentioned in paragraph (3)(e).
2
The time limit mentioned in paragraph (1) is six months from —
a
the date of the notice of the decision or determination giving rise to the appeal;
b
the expiry of the period specified in article 20 or, as the case may be, article 21; or
c
in a case in which the authority have served a notice on the applicant in accordance with article 3(2) that they require further information, and he has not provided the information, the date of service of that notice,
or such longer period as the Secretary of State may, at any time, allow.
3
The documents mentioned in paragraph (1) are —
a
the application made to the local planning authority which has occasioned the appeal;
b
all plans, drawings and documents sent to the authority in connection with the application;
c
all correspondence with the authority relating to the application;
d
any certificate provided to the authority under article 7;
e
any other plans, documents or drawings relating to the application which were not sent to the authority;
f
the notice of the decision or determination, if any;
g
if the appeal relates to an application for approval of certain matters in accordance with a condition on a planning permission, the application for that permission, the plans submitted with that application and the planning permission granted.
Certificate of lawful use or development
24
1
An application for a certificate under section 191(1) or 192(1) of the Act (certificates of lawfulness of existing or proposed use or development) shall be in writing and shall, in addition to specifying the land and describing the use, operations or other matter in question in accordance with those sections, include the following information —
a
the paragraph of section 191(1) or, as the case may be, section 192(1), under which the application is made;
b
in the case of an application under section 191(1), the date on which the use, operations or other matter began or, in the case of operations carried out without planning permission, the date on which the operations were substantially completed;
c
in the case of an application under section 191(1)(a), the name of any use class specified in an order under section 55(2)(f) of the Act (meaning of “development”) which the applicant considers applicable to the use existing at the date of the application;
d
in the case of an application under section 191(1)(c), sufficient details of the planning permission to enable it to be identified;
e
in the case of an application under section 192(1)(a), the use of the land at the date of the application (or, when the land is not in use at that date, the purpose for which it was last used) and the name of any use class specified in an order under section 55(2)(f) of the Act which the applicant considers applicable to the proposed use;
f
the applicant’s reasons, if any, for regarding the use, operations or other matter described in the application as lawful; and
g
such other information as the applicant considers to be relevant to the application.
2
An application to which paragraph (1) applies shall be accompanied by —
a
a plan identifying the land to which the application relates;
b
such evidence verifying the information included in the application as the applicant can provide; and
c
a statement setting out the applicant’s interest in the land, the name and address of any other person known to the applicant to have an interest in the land and whether any such other person has been notified of the application.
3
Where such an application specifies two or more uses, operations or other matters, the plan which accompanies the application shall indicate to which part of the land each such use, operation or matter relates.
4
Articles 5(1) and 20(4) shall apply to an application for a certificate to which paragraph (1) applies as they apply to an application for planning permission.
5
When the local planning authority receive an application to which paragraph (1) applies and any fee required to be paid in respect of the application, they shall, as soon as reasonably practicable, send to the applicant an acknowledgement of the application in the terms (or substantially in the terms) set out in Part 1 of Schedule 1.
6
Where, after sending an acknowledgement as required by paragraph (5), the local planning authority consider that the application is invalid by reason of the failure to comply with the preceding paragraphs of this article or any other statutory requirement, they shall, as soon as practicable, notify the applicant that his application is invalid.
7
The local planning authority may by notice in writing require the applicant to provide such further information as may be specified to enable them to deal with the application.
8
The local planning authority shall give the applicant written notice of their decision within a period of eight weeks beginning with the date of receipt by the authority of the application and any fee required to be paid in respect of the application or, except where the applicant has already given notice of appeal to the Secretary of State, within such extended period as may be agreed upon in writing between the applicant and the authority.
9
For the purpose of calculating the appropriate period specified in paragraph (8), where any fee required has been paid by a cheque which is subsequently dishonoured, the time between the date when the authority send the applicant written notice of the dishonouring of the cheque and the date when the authority receive the full amount of the fee shall not be taken into account.
10
Where an application is refused, in whole or in part (including a case in which the authority modify the description of the use, operations or other matter in the application or substitute an alternative description for that description), the notice of decision shall state clearly and precisely the authority’s full reasons for their decision and shall include a statement to the effect that if the applicant is aggrieved by the decision he may appeal to the Secretary of State under section 195 of the Act (appeals against refusal or failure to give decision on application).
11
A certificate under section 191 or 192 of the Act shall be in the form set out in Schedule 4, or in a form substantially to the like effect.
12
Where a local planning authority propose to revoke a certificate issued under section 191 or 192 of the Act in accordance with section 193(7) of the Act (certificates under sections 191 and 192: supplementary provisions), they shall, before they revoke the certificate, give notice of that proposal to —
a
the owner of the land affected;
b
the occupier of the land affected;
c
any other person who will in their opinion be affected by the revocation; and
d
in the case of a certificate issued by the Secretary of State under section 195 of the Act, the Secretary of State.
13
A notice issued under paragraph (12) shall invite the person on whom the notice is served to make representations on the proposal to the authority within 14 days of service of the notice and the authority shall not revoke the certificate until all such periods allowed for making representations have expired.
14
An authority shall give written notice of any revocation under section 193(7) of the Act to every person on whom notice of the proposed revocation was served under paragraph (12).
Register of applications
25
1
In this article and in article 26, “the local planning register authority” means —
a
in Greater London or a metropolitan county, the local planning authority (and references to the area of the local planning register authority are, in this case, to the area of the local planning authority);
b
in relation to land in a National Park (except in a metropolitan county), the county planning authority (and references to the area of the local planning register authority are, in this case, to the area of the county planning authority within a National Park);
c
in relation to any other land, the district planning authority (and references to the area of the local planning register authority are, in this case, to the area of the district planning authority, other than any part of their area falling within a National Park) .
2
Each local planning register authority shall keep, in two parts, a register of every application for planning permission relating to their area.
3
Part I of the register shall contain a copy of each such application, and a copy of any application for approval of reserved matters made in respect of an outline planning permission granted on such an application, made or sent to the local planning register authority and not finally disposed of, together with any accompanying plans and drawings.
4
Part II of the register shall contain, in respect of every application for planning permission relating to the local planning register authority’s area —
a
a copy (which may be photographic) of the application and of plans and drawings submitted in relation thereto;
b
particulars of any direction given under the Act or this Order in respect of the application;
c
the decision, if any, of the local planning authority in respect of the application, including details of any conditions subject to which permission was granted, the date of such decision and the name of the local planning authority;
d
the reference number, the date and effect of any decision of the Secretary of State in respect of the application, whether on appeal or on a reference under section 77 of the Act (reference of applications to Secretary of State);
e
the date of any subsequent approval (whether approval of reserved matters or any other approval required) given in relation to the application.
5
Where, on any appeal to the Secretary of State under section 174 of the Act (appeal against enforcement notices), the appellant is deemed to have made an application for planning permission and the Secretary of State has granted permission, the local planning register authority shall, on receipt of notification of the Secretary of State’s decision, enter into Part II of the register referred to in paragraph (2) particulars of the development concerned, the land on which it was carried out, and the date and effect of the Secretary of State’s decision.
6
The register kept by the local planning register authority shall also contain the following information in respect of every application for a certificate under section 191 or 192 of the Act (certificates of lawfulness of existing or proposed use or development) relating to the authority’s area —
a
the name and address of the applicant;
b
the date of the application;
c
the address or location of the land to which the application relates;
d
the description of the use, operations or other matter included in the application;
e
the decision, if any, of the local planning authority in respect of the application and the date of such decision; and
f
the reference number, date and effect of any decision of the Secretary of State on an appeal in respect of the application.
7
The register shall contain the following information about simplified planning zone schemes in the area of the authority —
a
brief particulars of any action taken by the authority or the Secretary of State in accordance with section 83 of or Schedule 7 to the Act (making of simplified planning zone schemes etc.) to establish or approve any simplified planning zone scheme, including the date of adoption or approval, the date on which the scheme or alteration becomes operative and the date on which it ceases to be operative;
b
a copy of any simplified planning zone scheme, or alteration to an existing scheme, including any diagrams, illustrations, descriptive matter or any other prescribed material which has been made available for inspection under Schedule 7 to the Act;
c
an index map showing the boundary of any operative or proposed simplified planning zone schemes, including alterations to existing schemes where appropriate, together with a reference to the entries in the register under sub– paragraph (a) and (b) above.
8
To enable any person to trace any entry in the register, every register shall include an index together with a separate index of applications for development involving mining operations or the creation of mineral working deposits.
9
Every entry in the register shall be made within 14 days of the receipt of an application, or of the giving or making of the relevant direction, decision or approval as the case may be.
10
The register shall either be kept at the principal office of the local planning register authority or that part of the register which relates to land in part of that authority’s area shall be kept at a place within or convenient to that part.
11
For the purposes of paragraph (3) of this article, an application shall not be treated as finally disposed of unless —
a
it has been decided by the authority (or the appropriate period allowed under article 20(2) of this Order has expired without their giving a decision) and the period of six months specified in article 23 of this Order has expired without any appeal having been made to the Secretary of State;
b
if it has been referred to the Secretary of State under section 77 of the Act (reference of applications to Secretary of State) or an appeal has been made to the Secretary of State under section 78 of the Act (right to appeal against planning decisions and failure to take such decisions), the Secretary of State has issued his decision and the period of six weeks specified in section 288 of the Act (proceedings for questioning the validity of certain orders, decisions and directions) has expired without any application having been made to the High Court under that section;
c
an application has been made to the High Court under section 288 of the Act and the matter has been finally determined, either by final dismissal of the application by a court or by the quashing of the Secretary of State’s decision and the issue of a fresh decision (without a further application under the said section 288); or
d
it has been withdrawn before being decided by the authority or the Secretary of State, as the case may be, or an appeal has been withdrawn before the Secretary of State has issued his decision.
Register of enforcement and stop notices
26
1
Subject to paragraph (2) of this article, the register under section 188 of the Act (register of enforcement and stop notices) shall contain the following information with respect to every enforcement notice issued in relation to land in the area of the authority maintaining the register —
a
the address of the land to which the notice relates or a plan by reference to which its situation can be ascertained;
b
the name of the issuing authority;
c
the date of issue of the notice;
d
the date of service of copies of the notice;
e
a statement or summary of the breach of planning control alleged and the requirements of the notice, including the period within which any required steps are to be taken;
f
the date specified in the notice as the date on which it is to take effect;
g
information on any postponement of the date specified as the date on which the notice will take effect by reason of section 175(4) of the Act (appeals: supplementary provisions) and the date of the final determination or withdrawal of any appeal;
h
the date of service and, if applicable, of withdrawal of any stop notice referring to the enforcement notice, together with a statement or summary of the activity prohibited by any such stop notice;
i
the date, if any, on which the local planning authority are satisfied that steps required by the notice for a purpose mentioned in section 173(4)(b) of the Act (remedying any injury to amenity) have been taken.
2
That register shall also contain the following information with respect to every breach of condition notice served in relation to land in the area of the authority maintaining the register —
a
the address of the land to which the notice relates or a plan by reference to which its situation can be ascertained;
b
the name of the serving authority;
c
the date of service of the notice;
d
details of the relevant planning permission sufficient to enable it to be identified;
e
a statement or summary of the condition which has not been complied with and the requirements of the notice, including the period allowed for compliance.
3
All entries relating to an enforcement notice, stop notice or breach of condition notice shall be removed from the register if —
a
in the case of an enforcement notice or stop notice, the relevant enforcement notice is quashed by the Secretary of State;
b
in the case of a breach of condition notice, the notice is quashed by a court;
c
in any case, the relevant notice is withdrawn.
4
Every register shall include an index for enabling a person to trace any entry in the register by reference to the address of the land to which the notice relates.
5
Where a county planning authority issue an enforcement notice or serve a stop notice or a breach of condition notice, they shall supply the information specified in paragraph (1) or (2) of this article, as the case may be, in relation to the notice to the district planning authority in whose area the land to which the notice relates is situated and shall inform that authority if the notice is withdrawn or the relevant enforcement notice or breach of condition notice is quashed.
6
The information prescribed in paragraphs (1) and (2) of this article shall be entered in the register as soon as practicable and in any event within 14 days of the occurence to which it relates, and information shall be so supplied under paragraph (5) that entries may be made within the said period of 14 days.
7
The register shall either be kept at the principal office of the local planning register authority or that part of the register which relates to land in part of that authority’s area shall be kept at a place within or convenient to that part.
Directions
27
Any power conferred by this Order to give a direction includes power to cancel or vary the direction by a subsequent direction.
Revocations, transitionals and savings
28
1
Subject to paragraphs (2) to (5) of this article, the statutory instruments specified in Schedule 5 are revoked to the extent not already revoked.
2
Where an area of coal working has been notified to the local planning authority for the purposes of paragraph (i) of the table in article 18 of the Town and Country Planning General Development Order 1988 (consultations before the grant of permission) before the date of the coming into force of this Order, such notification shall be treated as if it had been made for the purposes of paragraph (j) of the table in article 10 of this Order by the Coal Authority on or after that date; and, in relation to a particular application for planning permission made before 31st October 1994, the local planning authority are not required to consult the Coal Authority if they have already consulted the British Coal Corporation.
3
Any notice given for the purposes of article 13 of the Town and Country Planning General Development Order 1988 (notification of mineral applications) before the date of the coming into force of this Order, shall be treated as if it had been given for the purposes of article 16 of this Order by the Coal Authority on or after that date; and, in relation to a particular application for planning permission made before 31st October 1994, the mineral planning authority are not required to notify the Coal Authority, before determining the application, if they have already notified the British Coal Corporation that that application has been made.
4
The relevant provisions of the Town and Country Planning General Development Order 1988, in the form in which they were in force immediately before 27th July 1992, shall continue to apply with respect to applications made under section 64 of the Act (applications to determine whether planning permission required) before 27th July 1992.
5
The relevant provisions of the Town and Country Planning General Development Order 1988, in the form in which they were in force immediately before 27th July 1992, shall continue to apply with respect to applications for established use certificates made under section 192 of the Act (applications for established use certificates), as originally enacted, before 27th July 1992.
John Selwyn Gummer
Secretary of State for the Environment
21st February 1995
John Redwood
Secretary of State for Wales
22nd February 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
This Order may be cited as the Local Government Act 1988 (Security Work) (Exemption) (England) Order 1995 and shall come into force on 29th August 1995.
2
Articles 2 and 3 of this Order apply to defined authorities in England only.
Exemption in relation to a controlled place
2
1
Security work shall not be treated as a defined activity so long as it is carried out by a defined authority through an employee —
a
whose work may involve the exercise of a power, conferred by a relevant enactment, to take action to deal with a breach of that enactment in a controlled place, where that power cannot be exercised by anyone other than an employee of the defined authority or a constable, and
b
the greater part of whose work is carried out in relation to a controlled place.
2
In this article —
a
“controlled place” means any airport, burial ground, common, country park, educational premises, harbour, housing amenity land, market, open space, park, picnic site, pleasure ground, port, recreation ground or road playground; and
b
in paragraph (a) —
“airport” has the same meaning as in section 82(1) of the Airports Act 1986 ;
“burial ground” has the same meaning as in section 20 of the Open Spaces Act 1906 ;
“common” has the same meaning as in section 15 of the Commons Act 1899 ;
“country park” means a country park provided under section 7 of the Countryside Act 1968 ;
“educational premises” means any premises to which section 40 of the Local Government (Miscellaneous Provisions) Act 1982 applies;
“housing amenity land” means land in relation to which byelaws may be made, by virtue of section 23(2) of the Housing Act 1985 ;
“open space” has the same meaning as in section 20 of the Open Spaces Act 1906;
“picnic site” means a picnic site provided under section 10(2) of the Countryside Act 1968;
“pleasure ground” means any land held under section 164 of the Public Health Act 1875 ;
“relevant enactment” means section 40 of the Local Government (Miscellaneous Provisions) Act 1982 , a local Act, or byelaws made under or by virtue of a power in any general or local Act; and
“road playground” means a road in relation to which an order has been made under section 29 of the Road Traffic Regulation Act 1984
Exemption in relation to a court-house
3
Security work shall not be treated as a defined activity so long as the work is carried out in relation to a court-house.
Exemption in relation to Guildhall
4
Security work by the Common Council of the City of London shall not be treated as a defined activity so long as —
a
it is carried out at the premises in the City of London known as Guildhall, and
b
those premises remain vested in the Common Council, in any capacity.
Exemption in relation to the Woolwich Ferry
5
1
Security work by the Council shall not be treated as a defined activity so long as —
a
it is carried out in relation to the Woolwich Ferry, and
b
the operation of the Ferry by the Council is carried out in accordance with the terms of the agreement of 27th March 1986 made between the Secretary of State for Transport and the Council.
2
In this article —
“the Council” means the Council of the London Borough of Greenwich;
“the Woolwich Ferry” means the ferry established, maintained, worked and regulated pursuant to section 14 of the Metropolitan Board of Works (Various Powers) Act 1885 .
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
7th August 1995


text:
Citation and commencement
1
These Regulations may be cited as the Home Energy Efficiency Grants (Amendment) Regulations 1995 and shall come into force on 9th February 1995.
Amendments
2
The Home Energy Efficiency Grants Regulations 1992 shall be amended as follows —
a
for regulation 3(2) (definitions) substitute —
2
For the purpose of this regulation a person shall not be treated as resident in a dwelling unless he is residing there as his only or main residence and —
“householder” means a person who, alone or jointly with others, is —
in England and Wales, a freeholder or tenant and “tenant” includes a sub-tenant and a person who has —
a protected occupancy or a statutory tenancy under the Rent (Agriculture) Act 1976 ;
ii
a statutory tenancy under the Rent Act 1977 ;
iii
a secure tenancy under Part IV of the Housing Act 1985 ;
iv
a licence to occupy which meets the conditions in sub-paragraphs (a) and (b) of paragraph 12 of Schedule 1 to that Act (almshouse licences); or
v
an assured agricultural occupancy under Part I of the Housing Act 1988 ; and
b
in Scotland, an owner or tenant and “owner” includes any person who under the Lands Clauses Acts would be enabled to sell and convey land to the promoters of an undertaking, and “tenant” includes a sub-tenant and a person who —
i
is a statutory tenant under section 3(1) of the Rent (Scotland) Act 1984 ;
ii
has entered into a contract to which Part VII of that Act applies;
iii
has a licence to occupy a dwelling which, if the dwelling was situated in England and Wales, would meet the conditions in sub-paragraphs (a) and (b) of paragraph 12 of Schedule 1 to the Housing Act 1985 (almshouse licences); or
iv
is a cottar within the meaning of section 12(5) of the Crofters (Scotland) Act 1993 ; and
“spouse” includes a person with whom the applicant is living as husband or wife. and
omit regulation 10A (grant condition).
Signed by authority of the Secretary of State
Robert Brannock Jones
Parliamentary Under Secretary of State,
Department of the Environment
11th January 1995
We consent,
Andrew Mitchell
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
12th January 1995


text:
1
The Lincolnshire County Council (B1003/A57 Rope Walk to Carholme Road Link, Lincoln, Fossdyke Navigation and Brayford Pool Bridge) Scheme 1995 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme ”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1 3PY and at the offices of Lincolnshire County Council, County Offices, Newland, Lincoln LN1 1YP and its Department of Highways and Planning, City Hall, Beaumont Fee, Lincoln.
3
The Scheme will become operative on the date on which the notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as The Lincolnshire County Council (B1003/A57 Rope Walk to Carholme Road Link, Lincoln, Fossdyke Navigation and Brayford Pool Bridge) Scheme 1995 Confirmation Instrument 1995.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government Office for the North East
26th June 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Family Health Services Appeal Authority Regulations 1995 and shall come into force on 1st April 1995.
2
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“appointing authority” means —
in relation to the chairman and any non-officer member, the Secretary of State; and
in relation to any officer member other than the chief officer, a committee of the Authority comprising the chairman, the non-officer members and the chief officer;
“the Authority” means the Family Health Services Appeal Authority established by the Order ;
“chairman” means the chairman of the Authority;
“chief officer” means the chief officer of the Authority;
“health service body” means a Regional Health Authority, a District Health Authority, a Family Health Services Authority, a Special Health Authority, the Dental Practice Board or an NHS trust;
“member” means a member of the Authority other than the chairman;
“non-officer member” and “officer member” mean, respectively, a member who is not, and one who is, an officer of the Authority;
“the Order” means the Family Health Services Appeal Authority (Establishment and Constitution) Order 1995 .
3
In these Regulations unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Appointment of chairman and members
2
1
The chairman and non-officer members shall be appointed by the Secretary of State.
2
The officer members other than the chief officer shall be appointed by a committee of the Authority comprising the chairman, the non-officer members and the chief officer.
Tenure of office
3
Subject to regulations 4 and 7 —
a
the term of office of the chairman and of members other than the chief officer shall be for such period, not exceeding 4 years, as the appointing authority shall specify on making the appointment; and
b
the chief officer shall hold office as a member for so long as he remains the chief officer.
Termination and suspension of tenure of office of officer members
4
1
An officer member of the Authority shall cease to hold office as member where he ceases to hold a post in the Authority or hold the same post in it as when he commenced his term of office.
2
If the appointing authority is of the opinion that it is not in the interests of the Authority that an officer member of the Authority should continue to hold office as member, the appointing authority shall forthwith terminate his tenure of office.
3
If an officer member of the Authority is suspended from his post in the Authority he shall be suspended from performing his functions as member for the period of his suspension.
4
An officer member, apart from the chief officer, may resign as a member at any time during his term of office by giving notice in writing to the appointing authority.
Termination of tenure of office
5
1
The chairman or a non-officer member may resign his office at any time during his term of office, by giving notice in writing to the Secretary of State.
2
Where during his term of office a non-officer member is appointed to be the chairman, his tenure of office as a non-officer member shall terminate when his appointment as chairman takes effect.
3
Where the Secretary of State is of the opinion that it is not in the interests of the Authority or of the health service that the chairman or a non-officer member should continue to hold that office, she may forthwith terminate his tenure of office.
4
If the chairman or a non-officer member has not attended a meeting of the Authority for a period of six months, the Secretary of State shall forthwith terminate the tenure of office of the chairman or that member unless she is satisfied that —
a
the absence was due to a reasonable cause; and
b
the chairman or non-officer member will be able to attend meetings of the Authority within such period as the Secretary of State considers reasonable.
5
Where a person has been appointed to be the chairman or a non-officer member, and —
a
he becomes disqualified for appointment under regulation 7, the Secretary of State shall forthwith notify him in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment he was so disqualified, she shall forthwith declare that he was not duly appointed and shall so notify him in writing,
and, upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such chairman or member.
6
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 14(1) (disability etc. on account of pecuniary interest) she may forthwith terminate that person’s tenure of office.
Eligibility for re-appointment
6
Subject to regulation 7 (disqualification for appointment), the chairman and any member shall, on the termination of his term of office, be eligible for re-appointment.
disqualification for appointment
7
1
Subject to regulation 8 (cessation of disqualification), a person shall be disqualified as the chairman or as a non-officer member if —
a
he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he has had his name removed, by a direction under section 46 of the Act, from any list prepared under Part II of the Act and has not subsequently had his name included in such a list;
e
he is a person whose tenure of office as the chairman or as a member of a health service body has been terminated on the grounds that —
i
it was not in the interests of the health service body or of the health service that he should continue to hold that office, or
ii
he failed, without reasonable cause, to attend any meeting of that health service body for a period of six months;
f
he is the chairman or a member of a Regional Health Authority, a District Health Authority or a Family Health Services Authority;
g
he is the chairman or a director of an NHS trust;
h
he holds any paid appointment or office with a trade union which represents the interests of members who are employed by a health service body; or
i
he is a person who is, or has been —
i
a medical practitioner;
ii
a dental practitioner;
iii
a registered pharmacist;
iv
a registered ophthalmic optician or a registered dispensing optician within the meaning of the Opticians Act 1989 ; or
v
a registered nurse, a registered midwife or a registered health visitor .
2
For the purposes of paragraph (1)(a) the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his chairmanship or membership of a health service body.
Cessation of disqualification
8
1
Where a person is disqualified under regulation 7(1)(b) by reason of having been adjudged bankrupt —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 7(1)(b) by reason of his having made a composition or arrangement with his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, it shall cease on the expiry of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 7(1)(c) (dismissed employees) he may, after the expiry of a period of not less than two years beginning on the date of his dismissal, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses on application to remove a disqualification no further application may be made by that person until the expiration of two years from the date of the application, and this paragraph shall apply to any subsequent application.
5
Where a person is disqualified under regulation 7(1)(e) (certain chairmen and members whose appointments have been terminated), the disqualification shall cease on the expiry of a period of two years or such longer period as the person who, or body which, terminates the appointment may specify when terminating the tenure of office, but the Secretary of State may, on application being made to her by the disqualified person or by that other person (not being the Secretary of State herself) or body, reduce the period of disqualification.
Appointment of vice-chairman
9
1
Subject to paragraph (2), the chairman and members may appoint one of the non-officer members to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
Powers of vice-chairman
10
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence from England and Wales or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman able to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
11
1
Subject to such directions as may be given by the Secretary of State, the Authority may, and if so directed by her shall, appoint committees of the Authority, consisting wholly or partly of the chairman and members of the Authority or wholly of persons who are not members of the Authority.
2
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Authority, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Authority) or wholly of persons who are not members of the Authority or the committee.
Arrangements for the exercise of functions
12
1
Subject to paragraph (2) and to such directions as may be given by the Secretary of State, the Authority may make arrangements for the exercise, on behalf of the Authority, of any of its functions by a committee or sub-committee appointed by virtue of regulation 11 or by an officer of the Authority, in each case subject to such restrictions and conditions as the Authority thinks fit.
2
When exercising on behalf of the Secretary of State the function of determining an appeal from a decision made by virtue of section 42 of the Act (appeals about lists prepared by Family Health Services Authorities in connection with pharmaceutical services), the Authority shall secure that no person who is —
a
a person included in a list published under regulations made under section 42(2)(a) of the Act; or
b
an employee of such a person,
takes any part in the determination of that appeal.
Meetings and proceedings
13
1
The meetings and proceedings of the Authority shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 14 (disability on grounds of pecuniary interest) and to such directions as may be given by the Secretary of State, the Authority shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business which includes provision for the suspension of any Standing Orders.
3
Subject to such directions as may be given by the Secretary of State, the Authority may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Authority but, subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
14
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the Authority at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose his interest and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as she may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to her in the interests of the health service that the disability should be removed.
3
The Authority may, by Standing Orders made under regulation 13(2), provide for the exclusion of the chairman or a member from a meeting of the Authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration;
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or in voting on, any question with respect to that contract or matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract or other matter or from voting on any question with respect to it, without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Authority and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Authority) as it applies to a member of the Authority.
9
In this regulation —
“public body” includes —
a
any body established for the purpose of carrying on, under national ownership, any industry or part of any industry or undertaking;
b
the governing body of any university, university college or college, school or hall of a university; and
c
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
a
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any shares or such debentures; or
b
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Revocations
15
There are hereby revoked —
a
the National Health Service (Appellate and Other Functions) Regulations 1992 ;
b
regulation 2 of the National Health Service (Regional and District Health Authorities) (Miscellaneous Amendments) Regulations 1994 and in regulation 1(2) of those regulations the definition of “the 1992 Regulations”.
Gerald Malone
Minister of State
Department of Health
8th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northampton General Hospital National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th July 1995.
2
In this Order —
“the Authority” means the Northamptonshire Health Authority;
“the Trust” means the Northampton General Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th July 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
7th June 1995


text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment) Regulations 1995 and shall come into force on 10th July 1995.
Amendment of Regulations
2
After regulation 19C of the Local Authorities (Capital Finance) Regulations 1990 insert the following regulation —
Capital receipts to be treated as reduced: disposals of dwellings to certain purchasers
19D
1
Capital receipts of a description specified in paragraph (2) below shall be treated for the purposes only of section 59 as reduced by an amount determined in accordance with paragraph (3) below.
2
For the purposes of paragraph (1) above, capital receipts derived from a disposal by a local authority of an interest in a dwelling are specified where —
a
the disposal is to a former tenant who occupies a flat demised by a relevant lease as his only or principal home;
b
the disposal is —
i
of the freehold; or
ii
the grant of a lease to which regulation 15(3) applies and which at the time of the disposal is for a term of which 99 years or more are unexpired; or
iii
the assignment of the authority’s leasehold interest in the dwelling;
c
the consideration for the disposal includes the assignment or surrender of the relevant lease by the former tenant to the authority;
d
upon such assignment or surrender there is attributed, as part of the consideration for the acquisition of the dwelling by the former tenant, an amount equal to the price paid on the grant of the relevant lease;
e
within the period of 12 months immediately preceding the date of the disposal not less than three lending institutions have indicated in writing that they would not be prepared to offer to any person an advance —
i
secured by a mortgage of the relevant lease for a term of 25 years, and
ii
of an amount equal to 75 per cent. of the value of the relevant lease determined in accordance with paragraph (4) below at a date not more than three months before the date on which the indication is given,
on grounds other than grounds relating to the personal or financial status of that person, or the terms of the relevant lease, or the condition of the flat or the building in which the flat is situated; and
f
the relevant lease was granted by the authority not less than three years before the date of the disposal.
3
For the purposes of paragraph (1) above, the amount of the reduction is the aggregate of —
a
an amount equal to the price paid on the grant of the relevant lease; and
b
the amount of any costs incurred by the authority in connection with the disposal and the surrender or assignment.
4
For the purposes of paragraph (2)(e) above, the value of the relevant lease shall be determined by an approved surveyor on the basis that it is the price which the relevant lease would realise at the date of the valuation if sold on the open market by a willing vendor on the following assumptions —
a
that the vendor was selling with vacant possession;
b
that the purchaser was purchasing the relevant lease for the purposes of owner occupation; and
c
that where any criteria applied by lending institutions for the purpose of assessing mortgage applications relate to the number of storeys in the building in which a dwelling is situated or the number of dwellings in the building which are occupied by owners, those criteria are not applicable to the flat demised by the relevant lease or any other flat in the same building.
5
Paragraph (6) of regulation 15 shall apply in relation to the amount of any reduction determined in accordance with this regulation as it applies in relation to the amount of any reduction determined in accordance with regulation 15.
6
In this regulation —
“the 1985 Act ” means the Housing Act 1985 ;
“approved surveyor” means —
a fellow or professional associate of the Royal Institution of Chartered Surveyors or of the Incorporated Society of Valuers and Auctioneers, or
a person who satisfies such other requirement or requirements as may be prescribed by regulations made under section 13(7) of the Leasehold Reform, Housing and Urban Development Act 1993 ,
who is reasonably believed by the former tenant to have ability in, and experience of, the valuation of dwellings of the particular kind, and in the particular area, in question;
“flat” has the same meaning as in section 183 of the 1985 Act;
“former tenant” means the person to whom the relevant lease was granted, or a person who has succeeded to the lessee’s interest by virtue of a disposal of a description falling within paragraph (a), (b) or (c) of subsection (1) of section 160 of the 1985 Act;
“lending institution” means an institution which is an approved lending institution for the purposes of section 156 of the 1985 Act; and
“relevant lease” means a lease of a flat granted by the authority pursuant to Part V of the 1985 Act, or with a consent given by the Secretary of State to local authorities generally under section 32 or 43 of that Act with the benefit of a discount of 44 per cent. or more of the market value of the lease as determined for the purposes of that disposal.
.
3
In regulation 20, in paragraphs (7) and (8), for “19B or 19C” substitute “19B, 19C or 19D”.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
12th June 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
14th June 1995


text:
Citation and commencement
1
This Order may be cited as the Social Security (Reciprocal Agreements) Order 1995 and shall come into force on 13th April 1995.
Modification of Acts
2
The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified to such extent as may be required to give effect to the alterations set out in Schedule 1 to this Order which are proposed to the agreements set out in the Orders in Council specified in Schedules 2 and 3 to this Order.
N. H. Nicholls
Clerk of the Privy Council