SCHEDULE 2Information to be included in the Register
I15
1
In this Schedule—
“co-ordinate reference system” is—
- a
the world geodetic system (WGS84), expressed as longitude and latitude;
- b
the ordinance survey national grid reference system (OSGB36), expressed as easting and northing; or
- c
the European terrestrial reference system 1989 (ETRS89), expressed as longitude and latitude;
- a
“deliverable” means that there is a reasonable prospect that residential development will take place on the land within 5 years beginning with the entry date;
“development” in relation to an unused grant of planning permission, has the meaning given by section 336 of the TCPA 1990;
“full planning permission” means a planning permission, other than a grant of technical details consent, granted by the local planning authority under section 70, 73 or 73A of the TCPA 1990;
“mixed ownership” in relation to land means that the land is partly owned by a public authority;
“other”, in relation to land the planning status of which is “permissioned”, means that the land has a grant or deemed grant of planning permission which does not fall within the definitions of the terms mentioned in paragraph 1(1)(l)(ii)(aa) to (ff);
“outline planning permission” means a planning permission for the erection of a building subject to a condition requiring reserved matters approval granted by the local planning authority under section 92 of the TCPA 1990;
“owner” in relation to the ownership status of land has the same meaning as in paragraph (2) of regulation 4;
“pending decision” means that an application for planning permission or permission in principle has been made or is deemed to have been made and has not been finally disposed of;
“permissioned” means that in respect of the land, there is a grant of permission in principle or an unused grant, or unused deemed grant, of planning permission and “not permissioned” is to be construed accordingly;
“planning permission granted under a local development order, mayoral development order or a neighbourhood development order” means permission granted under an order made under section 61A, 61DA or 61E of the TCPA 1990;
“public authority” in relation to the ownership status of the land means that the land is held by or on behalf of a public authority mentioned in Part 1 of Schedule 19 to the Equality Act 201023;
“reserved matters approval” in relation to an outline planning permission means approval given under section 92 of the TCPA 1990 for any of the following matters in respect of which details have not been given in the application—
- a
access;
- b
appearance;
- c
landscaping;
- d
layout; and
- e
scale;
- a
“technical details consent” means planning permission granted following an application under section 70(2ZZB) of the TCPA 199024;
“type of authority” means a district council, a London borough council, a metropolitan district council, a county council, the Broads Authority, a National Park authority, a Mayoral development corporation or the Homes and Community Agency; and
“unused”, in relation to land, means that development of the land has not been initiated in accordance with section 56 of the TCPA 1990.
2
For the purposes of the definition in sub-paragraph (1)—
a
of the terms mentioned in paragraph 1(l)(l)(ii)(aa) to (ee), such permission, consent or approval may also have been granted or given—
i
by the Secretary of State following an application made to the Secretary of State under section 62A of the TCPA 1990,
ii
by the Secretary of State following the referral of an application under section 77 of that Act,
iii
by the Secretary of State in deciding an appeal under section 78 of that Act, or
iv
by the Secretary of State in deciding an enforcement appeal under section 177(5) of that Act,
as the case may be;
b
of “pending decision”, an application has not been finally disposed of unless and until—
i
it has been decided by the authority (or any time prescribed under section 74(1)(d) of the TCPA 1990 for dealing with the application has expired without their giving a decision) and any time prescribed under section 78(3) of the TCPA 1990 has expired without any appeal having been made to the Secretary of State;
ii
if it has been referred to the Secretary of State under section 77 of the TCPA 1990 or an appeal has been made to the Secretary of State under section 78 of the TCPA 1990, the Secretary of State has issued a decision and the period of 6 weeks specified in section 288 of the TCPA 1990 has expired without any application having been made to the High Court under that section;
iii
if an application has been made to the High Court under section 288 of the TCPA 1990, the matter has been finally determined, either by final dismissal of the application by a court or by the quashing of the Secretary of State’s decision and the issue of a fresh decision (without a further application under section 288); or
iv
it has been withdrawn before being decided by the authority or the Secretary of State, as the case may be, or an appeal has been withdrawn before the Secretary of State has issued a decision; and
c
of “reserved matters approval”, “layout” and “scale” have the same meanings as in paragraph (1) of article 2 of the Town and Country Planning (Development Management Procedure) (England) Order 201525.