The Community Infrastructure Levy (Amendment) Regulations 2014 No. 385

Amendment to Part 2 – definition of key terms

4.—(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”.