Statutory Instruments

1996 No. 1817

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (General Development Procedure) (Amendment) Order 1996

Made

10th July 1996

Laid before Parliament

15th July 1996

Coming into force

5th August 1996

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 59, 61(1), 74(1) and 333(7) of the Town and Country Planning Act 1990(1) and all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Town and Country Planning (General Development Procedure) (Amendment) Order 1996 and shall come into force on 5th August 1996.

(2) In this Order-

"the 1995 Order" means the Town and Country Planning (General Development Procedure) Order 1995(2).

Consultation before the grant of planning permission

2.-(1) In the table in Article 10(1) of the 1995 Order (consultation before the grant of planning permission), after paragraph (y) insert-

"(z)Development which:

(i)is likely to prejudice the use, or lead to the loss of use, of land being used as a playing field; or

(ii)is on land which has been:

(aa)used as a playing field at any time in the 5 years before the making of the relevant application and which remains undeveloped; or

(bb)allocated for use as a playing field in a development plan or in proposals for such a plan or its alteration or replacement; or

(iii)involves the replacement of the grass surface of a playing pitch on a playing field with an artificial, man-made or composite surface

In England, the Sports Council for England; in Wales, the Sports Council for Wales"

Definition of "playing field" and "playing pitch"

3. In article 10(2) of the 1995 Order-

(a)at the end of paragraph (j), delete "and";

(b)after paragraph (k) insert-

"; and

(l)

in paragraph (z)-

(i)

"playing field" means the whole of a site which encompasses at least one playing pitch;

(ii)

"playing pitch" means a delineated area which, together with any run-off area, is of 0.4 hectares or more, and which is used for association football, American football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball, Australian football, Gaelic football, shinty, hurling, polo or cycle polo."

Signed by authority of the Secretary of State

Robert Jones

Minister of State,

Department of the Environment

8th July 1996

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under-Secretary of State, Welsh Office

10th July 1996

Explanatory Note

(This note is not part of the Order)

This Order amends the Town and Country Planning (General Development Procedure) Order 1995. It introduces a requirement to consult, in England, the Sports Council for England and in Wales, the Sports Council for Wales, before the grant of planning permission for development which may have a detrimental effect on the provision of playing fields.

(1)

1990 c. 8 to which there are amendments not relevant to this Order.

(2)

S.I. 1995/419; a relevant amending instrument is S.I. 1996/525.