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”.