SCHEDULE 3CLASSES OF ADVERTISEMENT FOR WHICH DEEMED CONSENT IS GRANTED

PART 2INTERPRETATION

4

1

For the purposes of Class 7B—

  • aggregate number” means the aggregate of the number of houses constructed, in the course of construction, or proposed to be constructed, on the land concerned;

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

  • house” includes a flat;

  • planning permission” does not include any outline planning permission in relation to which some or all of the matters reserved for subsequent approval remain to be approved; and

  • the land concerned”, in relation to any development, means—

    1. a

      except in a case to which sub-paragraph (2) or (3) applies, the land to which the planning permission for the development relates;

    2. b

      in a case to which sub-paragraph (2) applies, the land on which a particular phase of that development was or, as the case may be, is being or is about to be carried out;

    3. c

      in a case to which sub-paragraph (3) applies, the part of the land to which the permission relates on which a person has carried out part of that development, or, as the case may be, is carrying it out or is about to carry it out.

2

Subject to sub-paragraph (3), this sub-paragraph applies where the development is carried out in phases.

3

This sub-paragraph applies where the development is carried out by two or more persons who each carry out part of it on a discrete part of the land to which the planning permission relates (whether the whole of the development or any part of it is carried out in phases or otherwise).