8.—(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.
[F1(3A) 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 [F2which 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.
F3(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(7) 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).]
Textual Amendments
F1Reg. 8(3A)(3B) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 4(1)(a) (with reg. 14(1)(7))
F2Words in reg. 8(4) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 4(1)(b) (with reg. 14(1)(7))
F3Reg. 8(5)(6) omitted (24.2.2014) by virtue of The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 4(1)(c) (with reg. 14(1)(7))
F4Reg. 8(7) substituted (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 4(2)
Commencement Information
I1Reg. 8 in force at 6.4.2010, see reg. 1