HGR-M0510-Is01-Planning-Permitted-Development.Pdf
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Ref No: HGR-M0510 Issue No: 01 Issue Date: July 2017 Heritage Railway Association GUIDANCE NOTE Planning & Permitted Development Users of this Guidance Note should check the HRA website, www.hra.uk.com , to ensure that they have the latest version. Table of Contents 1. Introduction ......................................................................................................................... 2 2. Planning Control .................................................................................................................. 2 3. Development ....................................................................................................................... 2 4. Non-development ................................................................................................................ 2 5. Permitted Development ....................................................................................................... 2 6. General Permitted Development ......................................................................................... 3 7. Transport and Works Act Orders ......................................................................................... 3 8. The Town and Country Planning (General Permitted Development) Orders in England, Wales, Scotland and Northern Ireland ......................................................................................... 4 9. Permitted development by railway undertakings and light railway undertakings .................. 4 10. Definition of the term “Railway Station” ................................................................................ 5 11. Permitted development by tramway undertakings ............................................................... 5 12. Restrictions to Permitted Development Rights ..................................................................... 6 13. Materiality ............................................................................................................................ 7 14. Enforcement ........................................................................................................................ 7 15. Prior consultation with the Local Planning Authority strongly recommended ........................ 7 Appendix A: Permitted Development Rights Flow Chart ........................................................... 8 Issue 01 page 1 of 8 © Heritage Railway Association 2017 The Heritage Railway Association, Limited by Guarantee, is Registered in England and Wales No. 2226245 Registered office: 2 Littlestone Road, New Romney, Kent, TN28 8PL HGR-M0510-Is01 Planning & Permitted Development Disclaimer The Heritage Railway Association has used its best endeavours to ensure that the content of this document is accurate, complete and suitable for its stated purpose. However it makes no warranties, express or implied, that compliance with the contents of this document shall be sufficient to ensure conformity with the law in all respects. Accordingly the Heritage Railway Association will not be liable for its content or any subsequent use to which this document may be put. 1. Introduction This note provides guidance to Heritage Railways and Tramways on Permitted Development Rights under the Town and Country Planning legislation. Paragraphs 2 to 8 explain planning control, the meaning of development, the nature of permitted development and the scope of the General Permitted Development Orders. 2. Planning Control All development in the UK is subject to control under the Town and Country Planning legislation, as applied in England, Wales, Scotland and Northern Ireland. 3. Development Development is defined as: 1. Building operations (eg structural alterations, construction, rebuilding, most demolition); 2. Material changes of use of land and buildings; 3. Engineering operations (eg ground works); 4. Mining operations; 5. Other operations normally undertaken by a person carrying on a business as a builder; 6. Subdivision of a building (including any part of it) used as a dwelling house for use as two or more separate houses. 4. Non-development A. The categories of work in England and Wales that do not amount to development are set out in Section 55(2) of the Town and Country Planning Act 1990. These include, but are not limited to, the following: 1. Interior alterations (except mezzanine floors which increase the floor space of retail premises by more than 200 square metres); 2. Building operations which do not materially (ie significantly) affect the external appearance of a building; 3. A change in the primary use of land and buildings where the before-and-after use falls within the same use class. B. The categories of work in Scotland that do not amount to development are set out at Section 26 (2) of the Town and Country Planning (Scotland) Act 1997. The categories of work in Northern Ireland that do not constitute development are set out at Section 23(3) of the Planning Act (Northern Ireland) 2011. 5. Permitted Development A. All development requires Planning Permission from the local authority for the area in which the development is being carried out ie the Local Planning Authority (usually the District or Unitary Council) unless it falls within the category of Permitted Development Rights or has received planning consent obtained separately from the Secretary of State in parallel with a Transport and Works Act Issue 01 page 2 of 8 © Heritage Railway Association 2017 The Heritage Railway Association, Limited by Guarantee, is Registered in England and Wales No. 2226245 Registered office: 2 Littlestone Road, New Romney, Kent, TN28 8PL HGR-M0510-Is01 Planning & Permitted Development Order (see paragraph 7 below). Permitted Development Rights derive from a general planning permission granted not by the Local Authority but by Parliament. These are known as the Town and Country Planning (General Permitted Development) Orders. There are separate orders in force in each of England, Wales, Scotland and Northern Ireland (see paragraph 8 below). These orders are updated from time to time. The references in this guidance are to the orders currently in force. Where the Secretary of State or a Local Planning Authority gives planning permission for development they may do so subject to one or more conditions which the developer will be required to meet. 6. General Permitted Development A. Separate General Permitted Development Orders apply in each of England, Scotland, Wales and Northern Ireland. However, a common feature is that under the General Permitted Development Orders railway or light railway undertakings ie those authorised by any enactment to carry on any railway or light railway undertaking, as referred to at Section 262 of the Town and Country Planning Act 1990; and tramway undertakings, except in the case of Northern Ireland, may enjoy the benefit of deemed planning consent for certain developments. The term “any enactment” encompasses: 1. A Local Private Act; 2. A Light Railway Order under the Light Railways Act 1896; 3. A Transport and Works Act Order in England and Wales under the Transport and Works Act 1992; and in Scotland under the Transport and Works (Scotland) Act 2007. This Order can be used to authorise the construction and operation of, among others: railways, tramways and other guided transport systems. In England the General Development Order does not state that a railway undertaking has to be statutory (ie authorised under an enactment) for it to apply. In Northern Ireland the Order covers both statutory and non-statutory railway undertakings, explicitly, but in Wales and in Scotland the General Development Orders cover only those railways which are statutory undertakings. 4. A “consent” under the Planning Act 2008 (required for larger schemes on the national railway network in England, which are likely to qualify as “Nationally Significant Infrastructure Projects)”. 7. Transport and Works Act Orders A. A Transport and Works Act Order (TWA Order), under the Transport and Works Act 1992 in England and Wales or under the Transport and Works (Scotland) Act 2007 in Scotland, is the most common means currently for the establishing or extending a railway, light railway or tramway, and for conferring on it the status of a statutory undertaking. The Government’s guidance makes clear that: “a TWA order does not in itself grant planning permission. But the organisation applying for the order can ask the Secretary of State to grant planning permission for any development described in the order. The Secretary of State would only grant planning permission if he or she decided to make the TWA order. He or she would do so at the same time as the order was made, and may attach conditions to it. On the other hand, the organisation applying for the TWA order may apply for planning permission, separately to the local planning authority (usually the district or unitary council).” The guidance notes that listed building consents and other consents may also be required and can be applied for at the same time as the TWA Order. (See Transport and Works Act orders – a brief guide; Department for Transport.) https://www.gov.uk/government/publications/transport-and-works-act-orders-a-brief-guide-2006 Issue 01 page 3 of 8 © Heritage Railway Association 2017 The Heritage Railway Association, Limited by Guarantee, is Registered in England and Wales No. 2226245 Registered office: 2 Littlestone Road, New Romney, Kent, TN28 8PL HGR-M0510-Is01 Planning & Permitted Development 8. The Town and Country Planning (General Permitted