SCHEDULE 2

PART 28DEVELOPMENT AT AMUSEMENT PARKS

Class A

Permitted developmentA

Development on land used as an amusement park consisting of—

a

the erection of booths or stalls or the installation of plant or machinery to be used for or in connection with the entertainment of the public within the amusement park; or

b

the extension, alteration or replacement of any existing booths or stalls, plant or machinery so used.

Development not permittedA.1

Development is not permitted by Class A if—

a

the plant or machinery would—

i

if the land or pier is within 3 kilometres of the perimeter of an aerodrome, exceed a height of 25 metres or the height of the highest existing structure (whichever is the lesser), or

ii

in any other case, exceed a height of 25 metres;

b

in the case of an extension to an existing building or structure, that building or structure would as a result exceed 5 metres above ground level or the height of the roof of the existing building or structure, whichever is the greater, or

c

in any other case, the height of the building or structure erected, extended, altered or replaced would exceed 5 metres above ground level.

Interpretation of Class AA.2

For the purposes of Class A—

  • “amusement park” means an enclosed area of open land, or any part of a seaside pier, which is principally used (other than by way of a temporary use) as a funfair or otherwise for the purposes of providing public entertainment by means of mechanical amusements and side-shows; but, where part only of an enclosed area is commonly so used as a funfair or for such public entertainment, only the part so used shall be regarded as an amusement park; and

  • “booths or stalls” includes buildings or structures similar to booths or stalls.