PART 2DEFINITION OF KEY TERMS

Time at which planning permission first permits developmentI18

1

This regulation has effect for determining the time at which planning permission is treated as first permitting development for the purposes of Part 11 of PA 2008.

2

Planning permission first permits development on the day that planning permission is granted for that development.

3

Paragraph (2) is subject to the following provisions of this regulation.

F23A

In the case of a phased planning permission, planning permission first permits a phase of the development—

a

for any phase of an outline planning permission which is granted in outline—

i

on the day of final approval of the last reserved matter associated with that phase; or

ii

if earlier, and if agreed in writing by the collecting authority before commencement of any development under that permission, on the day final approval is given under any pre-commencement condition associated with that phase; and

b

for any other phase—

i

on the day final approval is given under any pre-commencement condition associated with that phase; or

ii

where there are no pre-commencement conditions associated with that phase, on the day planning permission is granted.

3B

In this regulation a “pre-commencement condition” is a condition imposed on a phased planning permission which requires further approval to be obtained before a phase can commence.

4

In the case of a grant of outline planning permission F3which is not a phased planning permission, planning permission first permits development on the day of the final approval of the last reserved matter associated with the permission.

F45

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F46

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F17

In the case of a general consent, planning permission first permits development—

a

on the day on which the collecting authority receives a notice of chargeable development submitted to it in accordance with regulation 64 in respect of that development; or

b

if no notice of chargeable development is submitted in accordance with regulation 64, the day on which the last person is served with a notice of chargeable development in accordance with regulation 64A(3).