- address
includes any number or address used for the purpose of such communications or storage, except that where this Order imposes any obligation on any person to provide a name and address to any other person, the obligation is not fulfilled unless the person on whom it is imposed provides a postal address;
- adjoining owner or occupier
means any owner or occupier of any land adjoining the land to which the application relates;
- appearance
means the aspects of a building or place within the development which determines the visual impression the building or place makes, including the external built form of the development, its architecture, materials, decoration, lighting, colour and texture;
- biodiversity gain hierarchy
means the following actions in the following order of priority—
- boarder
includes a student who boards during the week but not at weekends;
- 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;
- coal
means coal other than that—
- contaminated land
has the same meaning as in Part 2A of the Environmental Protection Act 1990;
- county matter
has the same meaning as in paragraph 1(1) of Schedule 1 to the 1990 Act (local planning authorities: distribution of functions);
- criminal justice accommodation
means— (a) a prison within the meaning of the Prison Act 1952;
- draft statement of common ground
means a written statement containing factual information about the proposal which is the subject of the appeal that the applicant reasonably considers will not be disputed by the local planning authority;
- dwelling
includes a flat;
- educational accommodation
means— (a) residential accommodation for the use of students who are boarders at school in connection with them attending a school;
- electronic communication
has the same meaning as in section 15(1) of the Electronic Communications Act 2000 (general interpretation);
- 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;
- flood
has the same meaning as in section 1 of the Flood and Water Management Act 2010;
- floor space
means the total floor space in a building or buildings;
- full statement of case
means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward and copies of any documents which that person intends to refer to or put in evidence;
- further education
has the meaning given by section 2 of the Education Act 1996;
- health service hospital
means a hospital vested in— (a) an NHS body within the meaning of paragraph 7(4) of Schedule 3 to the Care Act 2014;
- higher education course
means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 or an equivalent course outside England;
- hospital
means— (a) an institution for the reception and treatment of persons suffering from illness;
- householder appeal
means an appeal under section 78(1) of the 1990 Act in respect of a householder application, except an appeal against the grant of any planning permission, consent, agreement or approval which is granted subject to conditions;
- householder application
means— (a) an application for planning permission for development for an existing dwellinghouse, or development within the curtilage of such a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse, or (b) an application for any consent, agreement or approval required by or under a planning permission, development order or local development order in relation to such development, but does not include an application for change of use or an application to change the number of dwellings in a building;
- housing prior approval application
means a prior approval application which is— (a) required by the terms of any planning permission granted by the Permitted Development Order for development which will create a net increase in dwellinghouses, before such development may begin;
- illness
includes mental disorder within the meaning of the Mental Health Act 1983 and any injury or disability requiring medical or dental treatment or nursing;
- infrastructure manager
means any person who in relation to relevant railway land— (a) is responsible for developing or maintaining the land;
- irreplaceable habitat
has the meaning given by regulation 2 of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024;
- 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;
- legible in all material respects
means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.
- listed building
has the same meaning as in section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (listing of buildings of special architectural or historic interest);
- major development
means development involving any one or more of the following— (a) the winning and working of minerals or the use of land for mineral-working deposits;
- minerals and waste plan
has the meaning given in section 15LH of the Planning and Compulsory Purchase Act 2004;
- mining operations
means the winning and working of minerals in, on or under land, whether by surface or underground working;
- minor commercial appeal
means an appeal under section 78(1) of the 1990 Act in relation to a minor commercial application, except an appeal against the grant of any planning permission, consent, agreement or approval which is granted subject to conditions;
- minor commercial application
means— (a) an application for planning permission for development of an existing building or part of a building currently in use for any of the purposes falling within Part A of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or (b) an application for any consent, agreement or approval required by or under a planning permission, development order or local development order in relation to such development, where such an application does not include a change of use, a change to the number of units in a building, or development that is not wholly at ground floor level or that would increase the gross internal area of a building, • “outline planning permission” means a planning permission for the erection of a building, which is granted subject to a condition requiring the subsequent approval of the local planning authority with respect to one or more reserved matters;
- non-validated application
means an application which consists of— and a non-validated application is taken to have been received when the application, and such of the documents, particulars or evidence (except the particulars or evidence specified by the applicant in a notice sent to the authority under article 12(1)) referred to above as required to be included in, or, to accompany, the application have been lodged with the appropriate authority mentioned in article 11(1), and the fee required to be paid has been paid.
- outline planning permission
means a planning permission for the erection of a building, which is granted subject to a condition requiring the subsequent approval of the local planning authority with respect to one or more reserved matters;
- planning obligation
means an obligation entered into by agreement or otherwise by any person interested in land pursuant to section 106 of the 1990 Act (planning obligations);
- pre-commencement condition
means a condition imposed on the grant of a planning permission which must be complied with—
- proposed highway
has the same meaning as in section 329 of the Highways Act 1980 (further provision as to interpretation);
- 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;
- public service infrastructure development
means major development, which is not EIA development, where the main purpose of the development is— (a) the provision of— (a) a health service hospital;
- qualifying European site
means— (a) a European offshore marine site within the meaning of regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017;
- relevant railway land
means land— (a) forming part of any operational railway;
- requisite notice
means notice in the appropriate form set out in Schedule 3 or in a form substantially to the same effect.
- school
has the meaning given by section 4 of the Education Act 1996.
- school or institution within the further education sector
means a school or institution within the further education sector which is— (a) an Academy within the meaning of the Academies Act 2010;
- section 278 agreement
means an agreement entered into pursuant to section 278 of the Highways Act 1980 (agreements as to execution of works);
- 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 a permission has been made;
- site of special scientific interest
has the same meaning as in Part 2 of the Countryside and Wildlife Act 1981;
- special road
means a highway or proposed highway which is a special road in accordance with section 16 of the Highways Act 1980 (general provision as to special roads);
- specified period
means the period specified in article 27 or article 34, as the case may be;
- strategic highways company
means a company for the time being appointed under Part 1 of the Infrastructure Act 2015 • “supplementary plan” has the meaning given in section 15LH of the Planning and Compulsory Purchase Act 2004;
- supplementary plan
has the meaning given in section 15LH of the Planning and Compulsory Purchase Act 2004;
- tenant
means the tenant of an agricultural holding any part of which is comprised in the land to which an application relates.
- the 1990 Act
means the Town and Country Planning Act 1990;
- the 2004 Act
means the Planning and Compulsory Purchase Act 2004;
- the local planning register authority
means—
- the Permitted Development Order
means Town and Country Planning (General Permitted Development) Order 2015;
- the recipient
means the person mentioned in sub-paragraph (a) of this paragraph, or the authority mentioned in sub-paragraph (b), as the case may be.
- trunk road
means a highway or proposed highway which is a trunk road by virtue of sections 10(1) (general provision as to trunk roads) or 19 (certain special roads and other highways to become trunk roads) of the Highways Act 1980 or any other enactment or any instrument made under any enactment;
- type A appeal
means an appeal under section 78(1) or 78(2) of the 1990 Act in respect of an application relating to land and development which are the same or substantially the same as the land and development in respect of which an enforcement notice— (a) has been served no earlier than 2 years before the application is made;
- type B appeal
means an appeal under section 78(1) or 78(2) of the 1990 Act in respect of an application relating to land and development which are the same or substantially the same as the land and development in respect of which an enforcement notice— (a) is served on or after— (i) the date of the notice of the decision or determination giving rise to the appeal, or (ii) the expiry of the specified period;
- valid application
means an application which consists of— and a valid application is taken to have been received when the application, and such of the documents, particulars or evidence referred to above as are required to be included in, or to accompany, the application have been lodged with the appropriate authority mentioned in article 11(1) and the fee required to be paid has been paid.
- waste development
means any operational development designed to be used wholly or mainly for the purpose of, or material change of use to, treating, storing, processing or disposing of refuse or waste materials.
- working day
means a day which is not a Saturday, Sunday or public holiday.