4. Permission in Principle, Permitted Development and mitigation
Permission in Principle
Applications for Permission in Principle under Article 5B of the Town and Country Planning (Permission in Principle) Order 2017 (as amended) cannot be made within the 10k zone of the Exe Estuary SPA and Dawlish Warren SAC.
This is because it would constitute habitats development which is excluded under the above legislation.
An application for planning permission would be required instead.
The Town and Country Planning (General Permitted Development) (England) Order 2015 allows certain development as Permitted Development in Schedule 2 of the Order. However, this is subject to regulations 75 to 78 of the Conservation of Habitats and Species Regulations 2017 which override this stating that if the appropriate habitat mitigation is not provided then the development cannot be permitted development.