The Town and Country Planning (Permission in Principle) Order 2017

Interpretation E+W

2.  In this Order—

“the 1990 Act” means the Town and Country Planning Act 1990;

“brownfield land register” means a register kept under regulation 3 of the Town and Country Planning (Brownfield Land Register) Regulations 2017(1);

[F1 “by site display” means by posting the notice in question by firm fixture to some object so that the notice is displayed in such a way as to be easily visible and legible by members of the public;]

“dwelling” includes a flat contained within a building of one or more flats;

[F1 “electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000;]

“flat” means a separate and self-contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;

“housing development” means development for the provision of dwellings(2); F2 ...

[F1 “infrastructure manager” means any person who, in relation to relevant railway land—

(a)

is responsible for developing or maintaining the land; or

(b)

manages or uses the land, or permits the land to be used for the operation of a railway;]

“non-housing development” means development other than housing development;

[F3 “public holiday” means Christmas Day, Good Friday or a day which under the Banking and Financial Dealings Act 1971 is a bank holiday in England;]

[F1 “relevant railway land” means land—

(a)

forming part of any operational railway; or

(b)

which is authorised to be used for the purposes of an operational railway under—

(i)

a planning permission granted or deemed to be granted,

(ii)

a development consent granted by an order made under the Planning Act 2008, or

(iii)

an Act of Parliament,

including viaducts, tunnels, retaining walls, sidings, shafts, bridges, or other structures used in connection with an operational railway and excluding car parks, offices, shops, hotels or any other land which, by its nature or situation, is comparable with land in general rather than land which is used for the purpose of an operational railway;]

[F1 “residential development” means development the main purpose of which is housing development.]

Textual Amendments

F1 Words in art. 2 inserted (1.6.2018) by The Town and Country Planning (Permission in Principle) (Amendment) Order 2017 (S.I. 2017/1309), arts. 1, 3

F2 Word in art. 2 omitted (coming into force in accordance with art. 1(6) of the amending S.I.) by virtue of The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018 (S.I. 2018/119), art. 28(a)

F3 Words in art. 2 inserted (coming into force in accordance with art. 1(6) of the amending S.I.) by The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018 (S.I. 2018/119), art. 28(b)

Commencement Information

I1 Art. 2 in force at 15.4.2017, see art. 1

(1)

S.I. 2017/403.

(2)

Development is defined in section 55 of the 1990 Act and includes material change of use of buildings.