Citation and commencement

1.-(1) This Order may be cited as the Town and Country Planning General Development (Amendment) Order 1994 and shall come into force on 8th April 1994.

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

Notice of application for planning permission

2. In article 12(2) of the 1988 Order (notice of application for planning permission), for "a minerals application by underground working" substitute "an application for planning permission for development consisting of the winning and working of minerals by underground operations".

Environmental information

3.-(1) In article 14(2)(a) of the 1988 Order (directions by the Secretary of State), after "those Regulations" insert "in accordance with Article 2(3) of Council Directive 85/337/EEC"(3).

(2) In article 25 of the 1988 Order (written notice of decision or determination relating to a planning application)-

(a)after "25." insert "(1)"; and

(b)after paragraph (1) insert-

"(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 23(1) shall include a statement that environmental information has been taken into consideration by the authority.

(3) In paragraph (2), "environmental information" and "environmental statement" have the same meanings respectively as in the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988."(4).

Telecommunications

4. In Part 24 of Schedule 2 to the 1988 Order (development by telecommunications code system operators)-

(a)in paragraphs A.1(f) and (g) delete "a dwellinghouse or" in each place where it occurs;

(b)after paragraph A.1(k) insert "(1) it would consist of the installation, alteration or replacement of any telecommunication apparatus on, or within the curtilage of, a dwellinghouse.";

(c)in paragraph A.2(4)(v)(a), after "is required", insert "and has been given to the applicant within 28 days following the date on which the local planning authority received the application"; and

(d)in paragraph A.2(4)(v)(b), after "is not required", insert "or where no determination as to whether such approval is required has been notified to the applicant, or where prior approval is required but no approval has been given or refused within 28 days following the date on which the local planning authority received the application,".

Explanatory Note

(This note is not part of the Order)

This Order amends the Town and Country Planning General Development Order 1988 ("the 1988 Order").

Article 2 makes a minor drafting amendment to article 12(2) of the 1988 Order which relates to notice of application for planning permission in respect of winning and working minerals.

Article 3(1) amends article 14(2)(a) of the 1988 Order. The effect of the amendment is to limit the exercise of the Secretary of State's power to exempt development from the application of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 to cases where the requirements of Article 2(3) of Council Directive 85/337/EEC are satisfied.

Article 3(2) amends article 25 of the 1988 Order. The effect of the amendment is that where an applicant for planning permission has submitted an environmental statement, the local planning authority must include in its notification of any grant of planning permission a statement that they have taken the environmental information into consideration.

Article 4 amends Part 24 of Schedule 2 to the 1988 Order so that the installation, alteration or replacement of any telecommunication apparatus on, or within the curtilage of, a dwellinghouse is excluded from the development permitted by Class A(a) of that Part. Amendments are made to the circumstances in which development may be carried out in accordance with details submitted to or approved by the local planning authority (paragraph A.2(4)(v) of Part 24).