---

Office of the Deputy Prime Minister

Answer

Mr. Sarwar: To ask the Deputy Prime Minister if he will make a statement on Network Rail's permitted development rights in (a) conservation areas, (b) national parks and (c) areas of outstanding natural beauty. [190632] Keith Hill: In England and Wales, Railway undertakers have permitted development rights for certain development on their operational land, required in connection with the movement of traffic by rail, under Part 17 of Schedule 2 to the General Permitted Development Order (GPDO). They also have permitted development rights under Part 11 of Schedule 2 (Development under Local or Private Acts or Orders). These permitted development rights may be exercised in conservation areas, national parks and areas of outstanding natural beauty. However, DOE Circulars 15/92 and 9/95 provide guidance to statutory undertakers on their use of permitted development rights. They make it clear that local planning authorities should be informed of any proposal likely to have a significant effect on amenity and the environment. In exceptional circumstances a local planning authority may consider that normal planning control should apply to permitted development. The planning authority can make and submit to the Secretary of State an order under Article 4 of the GPDO seeking the removal of the particular permitted development right and requiring an application for planning permission. In Scotland, land use planning matters are the responsibility of the Scottish Executive.

Secondary information

Type

Written question

Reference

425 c456-7W; 190632

Session

2003-04

Subjects

Conservation areas Network Rail Permitted development rights

Link

View this Written question on www.publications.parliament.uk