PART 7MISCELLANEOUS AND GENERAL

Application of the 1990 Act

article 45 + 45.—(1) Development consent granted by this Order—

article 45 1 a + (a)which applies to land forming part of the airport; or

article 45 1 b + (b)which authorises works to apparatus of statutory undertakers on, under or over land,

is to be treated as specific planning permission for the purposes of section 264(3) (cases in which land is to be treated as not being operational) of the 1990 Act provided development which comprises the airport or apparatus belonging to a statutory undertaker is authorised under this Order and has been carried out on the land in question.

(2) To the extent that the LLAOL planning permission or the Green Horizons Park permission or compliance with any conditions of either of those permissions is inconsistent with authorised development which is carried out under this Order, then from the point at which that inconsistency arises—

article 45 2 a + (a)that inconsistency is to be disregarded for the purposes of establishing whether any development which is the subject matter of that planning permission is capable of physical implementation;

article 45 2 b + (b)no enforcement action under the 1990 Act may be taken against development carried out in accordance with that planning permission by reason of such inconsistency, whether inside or outside the Order limits; and

article 45 2 c + (c)any conditions on that planning permission that are inconsistent with this Order or the authorised development cease to have effect.

(3) To the extent that development carried out, operated or used in accordance with the grant of planning permission under the 1990 Act that is inconsistent with the authorised development under this Order it is deemed not to constitute a breach of this Order and does not prevent the undertaker carrying out the authorised development granted development consent under this Order.

(4) Where the undertaker identifies an inconsistency between a planning permission and this Order which engages the provisions of paragraphs (2)or (3) as the case may be, it must notify the relevant planning authority as soon as reasonably practicable about the existence of the inconsistency, and how the undertaker is proceeding in view of that inconsistency in accordance with this article.

(5) In this article—

article 45 5 a + (a)term green horizon park permission + “Green Horizon Park permission” means planning permission reference 17/02300/EIA or any variation of this permission granted under section 96A (power to make non-material changes to planning permission or permission in principle) or section 73(1) (determination of applications to develop land without compliance with conditions previously attached) of the 1990 Act;

article 45 5 b + (b)term cognate expressions + “inconsistency” and “cognate expressions” means a circumstance in which a physical conflict exists, or one in which development is no longer capable of being physically implemented or otherwise operated in accordance with the permission or consent granted; and

article 45 5 c + (c)term planning permission + “planning permission” means planning permission granted under the 1990 Act including planning permission deemed to be granted under article 3 (permitted development) and Classes F, G, I, J, K, L, M and N of Part 8 (Transport related development) of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015(2).