Statutory Instrument 1995 No. 418 The Town and Country (General Permitted Development) Order 1995 permits certain development without the need for a specific planning application. A description of the type of development that is permitted through this order is provided in schedule 2 of the General Permitted Development Order.
Certain additional considerations apply when development in schedule 2 of the order is also described in either Schedule 1 or Schedule 2 of The Town and Country Planning (Environmental Impact Assessment) Regulations 1999. Article 3 paragraphs 10 to 12 of the order state (as amended by the 1999 EIA regulations):
(10) Subject to paragraph (12), Schedule 1 development or Schedule 2 development within the meaning of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (“the EIA Regulations”) is not permitted by this Order unless:
(a)the local planning authority has adopted a screening opinion under regulation 5 of those Regulations that the development is not EIA development;
(b)the Secretary of State has made a screening direction under regulation 4(7) or 6(4) of those Regulations that the development is not EIA development; or
(c)the Secretary of State has given a direction under regulation 4(4) of those Regulations that the development is exempted from the application of those Regulations.(11) Where:
(a)the local planning authority has adopted a screening opinion pursuant to regulation 5 of the EIA Regulations that development is EIA development and the Secretary of State has in relation to that development neither made a screening direction to the contrary under regulation 4(7) or 6(4) of those Regulations nor directed under regulation 4(4) of those Regulations that the development is exempted from the application of those Regulations; or
(b)the Secretary of State has directed that development is EIA development,
that development shall be treated, for the purposes of paragraph (10), as development which is not permitted by this Order.(12) Paragraph (10) does not apply to—
(a) deleted
(b)development which consists of the carrying out by a drainage body within the meaning of the Land Drainage Act 1991(4) of improvement works within the meaning of the Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988(5);
(c) deleted
(d)development for which permission is granted by Part 7, Class D of Part 8, Part 11, Class B of Part 12, Class F(a) of Part 17, Class A or Class B of Part 20 or Class B of Part 21 of Schedule 2;
(e)development for which permission is granted by Class C or Class D of Part 20, Class A of Part 21 or Class B of Part 22 of Schedule 2 where the land in, on or under which the development is to be carried out is—
(i)in the case of Class C or Class D of Part 20, on the same authorised site,
(ii)in the case of Class A of Part 21, on the same premises or, as the case may be, the same ancillary mining land,
(iii)in the case of Class B of Part 22, on the same land or, as the case may be, on land adjoining that land,as that in, on or under which development of any description permitted by the same Class has been carried out before 3rd June 1995;
(f)the completion of any development begun before 3rd June 1995.
