The National Park Authorities (England) (Amendment) Order 2016

Transitional provision regarding permitted development rights for the extensions to the Lake District and Yorkshire Dales

3.—(1) Where the conditions specified in sub-paragraph (2) are met, planning permission granted by the Town and Country Planning (General Permitted Development) (England) Order 2015(1) is saved.

(2) The conditions are that—

(a) an application was made for prior approval for development under the Town and Country Planning (General Permitted Development) (England) Order 2015 of land which will become a part of the Lake District National Park or Yorkshire Dales National Park by virtue of the extensions taking effect on 1st August 2016(2);

(b) the application is in respect of development permitted under one of the following classes in Schedule 2 to that Order—

(i) Class A of Part 1,

(ii) Class J of Part 3,

(iii) Class M of Part 3,

(iv) Class N of Part 3,

(v) Class P of Part 3,

(vi) Class Q of Part 3,

(vii) Class E of Part 4,

(viii) Class A of Part 6,

(ix) Class C of Part 7,

(x) Class J of Part 14, or

(xi) Class A of Part 16; and

(c) (i) prior approval was granted, or arose, before 1st August 2016, or

(ii) an appeal against the refusal of an application for prior approval was made under section 78 of the Town and Country Planning Act 1990(3) before 1st August 2016, and that appeal was subsequently successful.

(1)

S.I. 2015/596.

(2)

The Lake District National Park was enlarged by a variation order confirmed by the Secretary of State on 23rd October 2015, taking effect on 1st August 2016. Copies are available from DEFRA, Natural Environment Policy – Land Use, 1/09, Temple Quay House, BS1 6EB.

(3)

1990 c.8, to which there are amendments not relevant to this Order.