The Town and Country Planning (Mayor of London) Order 2008

PART 3 E+W DEVELOPMENT WHICH MAY AFFECT STRATEGIC POLICIES

Modifications etc. (not altering text)

C1 Sch. Pt. 3 modified (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 5(6)(d), Sch. 2

C2 Sch. Pts. 2, 3 modified (1.9.2020) by The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (S.I. 2020/757), regs. 1(1), 5

Interpretation E+W

1.  In this Part, land shall be treated as used for a particular use if—

(a) it was last used for that use; or

(b) it is allocated for that use in—

(i) the development plan in force in the area in which the application site is situated;

(ii) proposals for such a plan; or

(iii) proposals for the alteration or replacement of such a plan.

Category 3A E+W

1.  Development which is likely to—

(a) result in the loss of more than 200 houses, flats, or houses and flats (irrespective of whether the development would entail also the provision of new houses or flats); or

(b) prejudice the residential use of land which exceeds 4 hectares and is used for residential use.

Category 3B E+W

1.  Development—

(a) which occupies more than 4 hectares of land which is used for a use within Class B1 (business), B2 (general industrial) or B8 (storage or distribution) of the Use Classes Order; and

(b) which is likely to prejudice the use of that land for any such use.

Category 3C E+W

1.  Development which is likely to prejudice the use as a playing field of more than 2 hectares of land which—

(a) is used as a playing field at the time the relevant application for planning permission is made; or

(b) has at any time in the five years before the making of the application been used as a playing field.

2.  In paragraph 1 “ playing field” has the same meaning as in article 10(2)(l) of the GDPO (consultation before the grant of permission). E+W

Category 3D E+W

1.  Development—

(a) on land allocated as Green Belt or Metropolitan Open Land in the development plan, in proposals for such a plan, or in proposals for the alteration or replacement of such a plan; and

(b) which would involve the construction of a building with a floorspace of more than 1,000 square metres or a material change in the use of such a building.

Category 3E E+W

1.  Development —

(a) which does not accord with one or more provisions of the development plan in force in the area in which the application site is situated; and

(b) comprises or includes the provision of more than 2,500 square metres of floorspace for a use falling within any of the following classes in the Use Classes Order—

(i) class A1 (retail);

(ii) class A2 (financial and professional);

(iii) class A3 (food and drink);

(iv) class A4 (drinking establishments);

(v) class A5 (hot food takeaways);

(vi) class B1 (business);

(vii) class B2 (general industrial);

(viii) class B8 (storage and distribution);

(ix) class C1 (hotels);

(x) class C2 (residential institutions);

(xi) class D1 (non-residential institutions);

(xii) class D2 (assembly and leisure).

Category 3F E+W

1.  Development for a use, other than residential use, which includes the provision of more than 200 car parking spaces in connection with that use.

Category 3G E+W

1.  Development which—

(a) involves a material change of use;

(b) does not accord with one or more provisions of the development plan in force in the area in which the application site is situated,

(c) where the application site is used or designed to be used wholly or mainly for the purpose of treating, keeping, processing, recovering or disposing of refuse or waste materials; and

(d) the application site —

(i) occupies more than 0.5 hectares; or

(ii) contains an installation with a capacity for a throughput of more than 2,000 tonnes per annum of hazardous waste; or

(iii) contains an installation with a capacity for a throughput of more than 20,000 tonnes per annum of waste.

Category 3H E+W

1.  Development which—

(a) comprises or includes the provision of houses, flats or houses and flats;

(b) does not accord with one or more provisions of the development plan in force in the area in which the application site is situated; and

(c) is on a site that is adjacent to land used for treating, keeping, processing, recovering or disposing of refuse or waste materials with a capacity for a throughput of more than—

(i) 2,000 tonnes per annum of hazardous waste; or

(ii) 20,000 tonnes per annum of waste.

Category 3I E+W

1.  Development which—

(a) involves a material change of use;

(b) does not accord with one or more provisions of the development plan in force in the area in which the application site is situated; and

(c) is either—

(i) on a site that is used for keeping or storing 70 or more buses or coaches or buses and coaches; or

(ii) on a site on which an area of over 0.7 hectares is used for keeping or storing buses or coaches or buses and coaches.

2.  For the purpose of paragraph 1 (c) (ii), the area used for keeping or storing includes the area occupied by maintenance, administrative and staff facilities connected with such use. E+W