The Town and Country Planning General Development Order 1988

Special provisions as to permission for development affecting certain existing and proposed highways

15.—(1) On receipt of an application 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(1) 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 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 relevant local planning authority shall notify the Secretary of State and, in the case of an application which falls to be determined by the county planning authority, the county planning authority.

(2) An application referred to in paragraph (1) above shall not be determined unless—

(a) the relevant 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 relevant 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.

(4) In this article, “the relevant local planning authority” means—

(a) in relation to land in an urban development area in respect of which the urban development corporation is the local planning authority for all kinds of development, the urban development corporation;

(b) where subparagraph (a) does not apply and the land is in Greater London or a metropolitan county, the local planning authority; and

(c) in any other case, the district planning authority.

(5) Where under this article a relevant local planning authority are required to notify the Secretary of State or the county planning authority of an application for planning permission, they shall send to the Secretary of State at such office or address as he may appoint and to the county planning authority a copy of the relevant application and of every plan submitted therewith.

(1)

1980 c. 66.