Legal Definition of a Major Application - Public forum - Planning Advisory Service (PAS)
Legal Definition of a Major Application
The definition of a Major application in the Development Management Order is
major developmentĀ means development involving any one or more of the following
(a)the winning and working of minerals or the use of land for mineral-working deposits;
(b)waste development;
(c)the provision of dwellinghouses where -
(i) the number of dwellinghouses to be provided is 10 or more; or
(ii) the development is to be carried out on a site having an area of 0.5 hectares or more and it is not known whether the development falls within sub-paragraph (c)(i);
(d) the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or
(e) development carried out on a site having an area of 1 hectare or more
Major developments - definition
For dwellings, a major development is one where the number of residential units to be constructed is 10 or more. Where the number of residential units to be to be constructed is not given in the application, a site area of 0.5 hectares or more should be used as the definition of a major development.
For all other uses, a major development is one where the floor space to be built is 1,000 square metres or more, or where the site area is 1 hectare or more.
Where a site above 1 hectare is subject to a change of use application it should be coded under major development and not as a change of use (Question 20). Any other applications for change of use should be captured under Question 20 and not under the relevant major/minor development category.
Any advice out there?
Nigel Scollin, modified 9 Years ago.
RE: Legal Definition of a Major Application
New Member Posts: 18 Join Date: 19/10/11 Recent PostsI would consider that it should be classed as a minor in both cases. For the purposes of the PS1/2s it is obviously classed as a minor as it involves fewer than 10 dwellings. In terms of the DMO, c) ii) would only apply if you don't know how many units are proposed- however you do know this, it's 9 and therefore below the threshold in c) i)
Thanks but I am not sure I agree
The GPDO says "one or more of the following" for the definition of major and the last item specifies a site area alone.
I have sent a query through to DCLG stats reurns unit but no response as yet
Nigel Scollin, modified 9 Years ago.
RE: Legal Definition of a Major Application
New Member Posts: 18 Join Date: 19/10/11 Recent PostsI think it's fair to say that the logic used to draft the legislation is not entirely clear. In your case clearly a), b), d) and e) don't apply. Imho, I don't think that the site area section in c ii) comes into it either if c i) is satisfied, which on this occasion it is. If the relevant legislation was written as below, it might be a bit clearer:
c) the provision of dwellinghouses where -
(i) the number of dwellinghouses to be provided is 10 or more; or
(ii) if it is not known whether the development falls within sub-paragraph (c)(i), the development is to be carried out on a site having an area of 0.5 hectares or more
For what it's worth, I've never treated an application for 9 dwellings as a major either for procedural purposes or statistical purposes, though I'm prepared to be proved wrong! . I'd be grateful if you would post the DCLG's view when you receive it though.
I have had a response from DCLG.
They have conceded that the guidence notes are at variance with the legislation.
They are going to change the definition of a major application in the guidence notes for next quarter's statistical return.
Nigel Scollin, modified 9 Years ago.
RE: Legal Definition of a Major Application
New Member Posts: 18 Join Date: 19/10/11 Recent PostsThanks for the update.Hopefully it will be clearer!