Article 2 InterpretationI1

In this Order—

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

• “the 2010 Order” means the Town and Country Planning (Development Management Procedure) (England) Order 2010^f1;

• F1“the 2013 Regulations” means the Town and Country Planning (Section 62A Applications) (Written Representations and Miscellaneous Provisions) Regulations 2013;

• “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 a 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 or machinery or any structure in the nature of plant or machinery;

• F2“connected listed building application” means an application for listed building consent under the Listed Buildings Act which satisfies the requirements of section 62A(3) of the 1990 Act and is not referred to a local planning authority under section 62A(4) of that Act;

• “county planning authority” has the same meaning as in section 1 of the 1990 Act;

• F3“criminal justice accommodation” means—

  1. (a)

     a prison within the meaning of the Prison Act 1952; or

  2. (b)

     a place for the detention of young persons within the meaning of section 43 of that Act;

• “designated planning authority” means the local planning authority to which an application would otherwise have been made had the applicant not chosen to make the relevant application^f2 to the Secretary of State under section 62A of the 1990 Act;

• “district planning authority” has the same meaning as in section 1 of the 1990 Act;

• “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000^f3;

• F4“EIA application”, “EIA development”, “environmental information” and “environmental statement” have the meanings given in regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017;

• “erection”, in relation to buildings as defined in this article, includes extension, alteration or re-erection;

• F5“health service hospital” means a hospital vested in—

  1. (a)

     an NHS body within the meaning of paragraph 7(4) of Schedule 3 to the Care Act 2014; or

  2. (b)

     the Secretary of State for the purpose of his functions under the National Health Services Act 2006;

• “hospital” means—

  1. (a)

     an institution for the reception and treatment of persons suffering from illness;

  2. (b)

     a maternity home; or

  3. (c)

     an institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,

  and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution;

• “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;

• F6“infrastructure manager” means any person who in relation to relevant railway land—

  1. (a)

     is responsible for developing or maintaining the land; or

  2. (b)

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

• F7“irreplaceable habitat” has the meaning given by regulation 2 of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024;

• “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—

  1. (a)

     screening by fences, walls or other means;

  2. (b)

     the planting of trees, hedges, shrubs or grass;

  3. (c)

     the formation of banks, terraces or other earthworks;

  4. (d)

     the laying out or provision of gardens, courts, squares, water features, sculpture or public art; and

  5. (e)

     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;

• “listed building” has the meaning given in section 1(5) of the Listed Buildings Act;

• “listed building consent” has the meaning given in section 8(7) of the Listed Buildings Act;

• F8“local plan” and “local planning authority” have the meanings given in section 15LH of the Planning and Compulsory Purchase Act 2004;

• “Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990;

• “local planning register authority” has the meaning given in article 36 of the 2010 Order;

• “major development” has the meaning given in regulation 3(5) of the 2013 Regulations;

• F9“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;

• “non-major development” has the meaning given in regulation 3(5) of the 2013 Regulations;

• “outline planning permission” means a planning permission for the erection of a building, which is granted subject to a condition requiring the subsequent approval with respect to one or more reserved matters;

• F10“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;

• F11“public service infrastructure development” means major development, which is not EIA development, where the main purpose of the development is—

  1. (a)

     the provision of—

     1. (i)

        a health service hospital;

     2. (ii)

        a school or institution within the further education sector; or

     3. (iii)

        an institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992; or

     4. (iv)

        criminal justice accommodation; or

  2. (b)

     works for the extension or alteration of—

     1. (i)

        a health service hospital;

     2. (ii)

        a school or institution within the further education sector; or

     3. (iii)

        an institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992; or

     4. (iv)

        criminal justice accommodation;

• “questionnaire” means a document in the form supplied by the Secretary of State; and for this purpose a form is taken to be supplied where the Secretary of State has published it on a website and has notified the designated planning authority of—

  1. (a)

     publication of the form on the website, and

  2. (b)

     the place on the website where the form may be accessed;

• “relevant application” has the same meaning as in section 62A of the 1990 Act;

• F12relevant railway land” means land—

  1. (a)

     forming part of any operational railway; or

  2. (b)

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

     1. (i)

        a planning permission granted or deemed to be granted,

     2. (ii)

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

     3. (iii)

        an Act of Parliament,

  including any viaduct, tunnel, retaining wall, siding, shaft, bridge or other structure to be used for the purpose of an operational railway but excluding any car park, office, shop, hotel or 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;

• “representation period” means the period referred to in articles 17(4), 18(1) or 23(4) and where more than one period applies in relation to a relevant application, the later or latest of those periods to end;

• “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—

  1. (a)

     access;

  2. (b)

     appearance;

  3. (c)

     landscaping;

  4. (d)

     layout; and

  5. (e)

     scale;

• “scale” means the height, width and length of each building proposed within the development in relation to its surroundings;

• F13“school or institution within the further education sector” means a school or institution within the further education sector which is—

  1. (a)

     an Academy within the meaning of the Academies Act 2010;

  2. (b)

     a school maintained by a local authority as defined in section 142(1) of the School Standards and Framework Act 1998;

  3. (c)

     a school which is specially organised to make special educational provision for pupils with special educational needs and is approved by the Secretary of State under section 342 of the Education Act 1996;

  4. (d)

     an independent education institution approved under section 41 of the Children and Families Act 2014; or

  5. (e)

     an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992;

• F14“supplementary plan” has the meaning given in section 15LH of the Planning and Compulsory Purchase Act 2004;

• “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; and

• “working day” means a day which is not a Saturday, Sunday, F15... or ... public holiday.

F16Subject to article 36(3), the questionnaire referred to in paragraph (1) may only include a requirement to provide to the Secretary of State—