OpenLegislation

Regulation 3 Interpretation

England and Wales

In these Regulations—

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

  • “the 2004 Act” means the Planning and Compulsory Purchase Act 2004;

  • “address” in relation to electronic communications means any number or address used for the purposes of such communications;

  • “approvals application” means an application for approval, in relation to a condition or limitation subject to which planning permission is granted by a neighbourhood development order, under section 61L(2) of the 1990 Act;

  • “area application” means an application for the designation of a neighbourhood area made under section 61G of the 1990 Act;

  • “consultation body” has the meaning given in Schedule 1;

  • “contact details” means the name, address and telephone number of the person concerned;

  • “EIA Regulations” means the Town and Country Planning (Environmental Impact Assessment) Regulations F12017;

  • “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 M1;

  • “electronic communications apparatus” has the meaning given in F2paragraph 5 of the electronic communications code;

  • “electronic communications code” has the meaning given in section 106(1) of the Communications Act 2003 M2;

  • “inspection” means inspection by the public;

  • F3“modification proposal” means a proposal submitted by a qualifying body under paragraph 1 of Schedule A2 to the 2004 Act;

  • “neighbourhood forum application” means an application for designation of a neighbourhood forum made by an organisation or body under section 61F of the 1990 Act;

  • “order proposal” means a proposal for a neighbourhood development order submitted by a qualifying body M3 under paragraph 1 of Schedule 4B to the 1990 Act or community right to build order submitted by a community organisation M4 under paragraph 1 of Schedule 4B to the 1990 Act, as read with paragraph 2 of Schedule 4C to the 1990 Act; and

  • “plan proposal” means a proposal for a neighbourhood development plan submitted by a qualifying body M5 under paragraph 1 of Schedule 4B to the 1990 Act (as applied, with modifications, by section 38A of the 2004 Act).

Annotations

Textual amendments

F1

Word in reg. 3 substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 75(2) (with regs. 47, 70)

F2

Words in reg. 3 substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 3 para. 7(2)

F3

Words in reg. 3 inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 3 (with reg. 13)

Marginal citations

M1

2000 c.7.

M2

2003 c.21.

M3

For the purposes of neighbourhood development orders, the definition of “qualifying body” is in section 61E(6) of the 1990 Act (inserted by paragraph 2 of the Localism Act 2011). A “community organisation” is to be regarded as a qualifying body (see paragraph 4(2) of Schedule 4C to the 1990 Act) (as inserted by Schedule 11 to the Localism Act 2011).

M4

The definition of “community organisation” is in paragraph 3 of Schedule 4C to the 1990 Act.

M5

For the purposes of neighbourhood development plans the definition of “qualifying body” is in section 38A(12) of the 2004 Act (as inserted by paragraph 7 of the Localism Act 2011).