2BOptional requirements

1

Building regulations made by the Secretary of State in relation to England may include a requirement that applies only where a planning authority makes compliance with the requirement a condition of a grant of planning permission.

2

In the following provisions of this section, a requirement included in building regulations by virtue of subsection (1) is referred to as an “optional requirement”.

3

Building regulations may specify that an optional requirement is capable of applying only in respect of development of a kind described in the regulations.

4

Building regulations may specify conditions that must be satisfied before a planning authority may make compliance with an optional requirement a condition of the grant of planning permission.

5

Building regulations may specify the steps that a planning authority must take to inform a person subject to an optional requirement of the requirement.

6

Where building regulations include an optional requirement that would (to any extent) be inconsistent with another requirement imposed by the regulations, the building regulations must provide—

a

that the other requirement does not apply in any case where the optional requirement applies, or

b

that the other requirement applies in any such case with modifications specified in the regulations.

7

In this section —

• “development” has the same meaning as in the Town and Country Planning Act 1990 (see section 55 of that Act);

• “planning authority” means—

  1. a

     a local planning authority within the meaning of that Act (see section 336(1));

  2. b

     the Secretary of State (in the exercise of functions of granting planning permission);

• “planning permission” has the same meaning as in that Act (see section 336(1)).