Amendment to Part 2 – definition of key terms4
1
In regulation 8 (time at which planning permission first permits development)—
a
after paragraph (3) insert—
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.
b
in paragraph (4), after the first mention of “planning permission” insert “which is not a phased planning permission”; and
c
omit paragraphs (5) and (6).
2
In regulation 9(4) for “outline planning permission which permits development to be implemented in phases” substitute “phased planning permission”.