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Planning

Volume 451: debated on Monday 30 October 2006

To ask the Secretary of State for Communities and Local Government (1) how many appeals her Department has heard under schedule 2, part 5 of the General Permitted Development Order 1995 against a proposed development by a statutory undertaking in each of the last five years; and if she will make a statement; (91415)

(2) how many developments have been made by statutory undertakings using powers contained in schedule 2, part 5 of the General Permitted Development Order 1995 in each of the last five years; and if she will make a statement;

(3) what rights of appeal residents have to a proposed development by a statutory undertaking in accordance with schedule 2, part 5 of the General Permitted Development Order 1995; and if she will make a statement.

There is no right of appeal against a statutory grant of planning permission which has been enacted by Parliament and part 5 of the General Permitted Development Order (GPDO), in particular, contains no powers, only entitlements. We have no records of part 5 permitted development rights being exercised by statutory undertakers. Statutory undertakers have their own permitted development rights in part 17 of schedule 2 of the GPDO, though there is nothing to prevent a statutory undertaker from enjoying the benefit of any of the other permitted development rights in the GPDO that might apply to their land in a particular case. Were there to be a dispute about whether permitted development rights applied in a particular case, it might be resolved either by an application made to the local planning authority for a certificate of lawfulness to confirm the existence of such rights in respect of a particular development proposal, or by enforcement action taken by the local planning authority.

To ask the Secretary of State for Communities and Local Government what consideration is given to (a) the employment opportunities created and (b) the impact on the regional economy in determining planning applications for major employment sites. (97289)

[holding answer 26 October 2006]: The development plan is the starting point in the consideration of planning applications, together with any other material considerations, including national planning policy, where relevant. The degree to which the creation of employment opportunities and the impact of proposals on the regional economy are considered will depend on the circumstances of the case, but they may well be material considerations for the decision-taker to weigh in the balance with other factors when determining planning applications for major employment sites.