Part 1Preliminary
Interpretation
2. In this Order—
“the 1990 Act” means the Town and Country Planning Act 1990;
“the 2015 Order” means the Town and Country Planning (Development Management Procedure) (England) Order 2015(1);
“access” in relation to reserved matters, means the accessibility to and within the site, for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network, where “site” means the site or part of the site in respect of which outline planning permission is granted, or, as the case may be, in respect of which an application for such permission has been made;
“appearance” means the aspects of a building or place within the development which determine the visual impression the building or place makes, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture;
“building” includes any structure or erection, and any part of a building, as defined in this article but does not include plant, machinery or any structure in the nature of plant or machinery;
“document” includes a photograph, map or plan;
“EIA application” means a urgent Crown development application in respect of EIA development which is accompanied by an environmental statement;
“EIA development” and “environmental statement” have the same meaning as in the Town and Country Planning (Environmental Impact Assessment) Regulations 2017(2);
“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000(3);
“landscaping”, in relation to a site or any part of a site for which outline planning permission has been granted, or, as the case may be, in respect of which an application for such permission has been made, means the treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes—
screening by fences, walls or other means,
the planting of trees, hedges, shrubs or grass,
the formation of banks, terraces or earthworks,
the laying out or provision of gardens, courts, squares, water features, sculpture or public art, and
the provision of other amenity features;
“layout” means the way in which buildings, routes and open spaces within the development are provided, situated and orientated in relation to each other and to buildings and spaces outside the development;
“local planning register authority” has the meaning given in article 40(1) of the 2015 Order;
“outline planning permission” means a planning permission for the erection of a building which is granted subject to a condition requiring subsequent approval with respect to one or more reserved matters;
“public holiday” means Christmas Day, Good Friday or a day which under the Banking and Financial Dealings Act 1971(4) is a bank holiday in England;
“relevant local planning authority” means the local planning authority to whom an application could otherwise have been made had it not been made to the Secretary of State under section 293B of the 1990 Act;
“reserved matters” in relation to an outline planning permission, or an application for such permission, means any of the following matters in respect of which details have not been given in the application—
access,
appearance,
landscaping,
layout, and
scale;
“scale”, except in article 8, means the height, width and length of each building proposed within the development in relation to its surroundings;
“by site display” means by the posting of the notice by firm fixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;
“urgent Crown development application” means an application made in accordance with section 293B of the 1990 Act;
“working day” means a day which is not a Saturday, Sunday or public holiday.
S.I. 2015/595; relevant amending instruments are S.I. 2016/873, 2018/119, 2018/1234, 2021/746, 2023/142.
S.I. 2017/571, to which there are amendments not relevant to this Order. See regulation 2(1).
2000 c. 7. The definition of “electronic communication” in section 15(1) was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).