SCHEDULES
SCHEDULE 7Planning conditions
Part 2Development in the area of a unitary authority
Conditions: qualifying authority
C1C26
1
To the extent that development consists of any operation or work mentioned in column (1) of the table in sub-paragraph (4), it shall be carried out in accordance with plans and specifications for the time being approved by the local planning authority at the request of the nominated undertaker.
2
The local planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires there to be submitted for approval additional details of the operation or work which gives rise to the need for approval under sub-paragraph (1).
3
Where the local planning authority exercises the power conferred by sub-paragraph (2), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out shall, as regards the specified respect, include a plan or specification showing the additional details.
4
The only ground on which the local planning authority may refuse to approve for the purposes of this paragraph plans or specifications of any operation or work mentioned in column (1) of the following table is a ground specified in relation to it in column (2) of the table.
(1) | (2) |
---|---|
Operation or work | Grounds |
1. Construction works
| That the design or external appearance of the works ought to be modified—
and is reasonably capable of being so modified. That the development ought to, and could reasonably, be carried out elsewhere within the limits of the land on which the works of which it forms part may be carried out under this Act. |
2. Minor construction works The erection, construction, alteration or extension of any transformers, F1electronic communications masts or pedestrian accesses to railway lines. | That the design or external appearance of the works ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified. That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits. |
3. Fences and walls The erection, construction, alteration or extension of any fences or walls (except for anything within item 1(c)). | That the development ought to, and could reasonably, be carried out on land elsewhere within the relevant limits. |
4. Artificial lighting The erection, construction or installation of lighting equipment. | That the design of the equipment, with respect to the emission of light, ought to be modified to preserve the local environment or local amenity, and is reasonably capable of being so modified. That the development ought to, and could reasonably, be carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Act. |
5. Waste and spoil disposal The disposal of waste or spoil. | That—
ought to be modified, and are reasonably capable of being modified. That—
the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out. |
6. Borrow pits The excavation of bulk materials from borrow pits. | That—
ought to be modified, and are reasonably capable of being modified. That—
the development ought to be carried out on land elsewhere within the relevant limits, and is reasonably capable of being so carried out. |
5
In the case of items 1(b) and (c) and 4 in column (1) of the table in sub-paragraph (4), the second of the grounds specified in relation to the item in column (2) of the table does not apply in relation to development which forms part of a scheduled work.
6
In the case of items 5 and 6 in column (1) of the table in sub-paragraph (4), the second of the grounds specified in relation to it in column (2) of the table does not apply in relation to development which—
a
is within the limits of deviation for the scheduled works, or
b
consists of the use of land specified in columns (1) and (2) of Part 1 of Schedule 6 for a purpose specified in relation to the land in column (3) of that Part.
7
Any reference in column (1) of the table in sub-paragraph (4) to a description of works does not include works of that description of a temporary nature; and for this purpose, a building ancillary to a scheduled work is only to be regarded as being of a temporary nature if it is intended to remain in place for no longer than two years after the date on which the scheduled work is brought into general use.
8
Sub-paragraph (4) (as it has effect with sub-paragraphs (5) to (7)) shall apply in relation to the imposition of conditions on approval as it applies in relation to the refusal of approval.