The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023
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Change 1
17A Building safety levy information
(1) The “building safety levy information” is— (a) a statement as to whether the applicable work relates to development— (i) for which planning permission is required, or (ii) to which section 33 of the Planning Act 2008 applies, (b) in a case where planning permission is required, also one of the following statements— (i) a statement that the planning permission has been granted together with information identifying the permission, (ii) a statement that an application for planning permission has been made but not yet determined together with information identifying the application for planning permission, (iii) a statement that an application for planning permission has not yet been made, (iv) a statement that the planning permission is subject to prior approval and the prior approval requirement is satisfied, together with information identifying the prior approval and how the requirement is satisfied, (v) a statement that the planning permission is subject to prior approval and a prior approval application has been made but the prior approval requirement is not yet satisfied, together with information identifying the prior approval application, (vi) a statement that the planning permission is subject to prior approval and a prior approval application has not yet been made, but where the planning permission expressly provides for the development to be carried out in phases the references in paragraphs (i), (ii) and (iii) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the relevant application relates, (c) in a case where planning permission is required or section 33 of the Planning Act 2008 applies, also a statement as to whether the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, (d) in relation to each of the buildings included in the building work to which the relevant application relates, the local authority in whose area the building is or is to be situated, (e) the number of dwellings, if any, that would be provided as a result of the building work to which the relevant application relates, (f) if purpose-built student accommodation would be provided as a result of the building work to which the relevant application relates, the number of bedspaces that would be contained in the purpose-built student accommodation, and (g) if paragraph (3) applies in relation to the relevant application, details of any levy determination notice given in respect of the original application or the updated application comprising that original application and one or more variation applications. (2) In paragraph (1), the prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that— (a) prior approval is given or is deemed to be given, or (b) the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990). (3) Where the relevant application is a “variation application” for the purposes of the BSL Regulations, references in this regulation and in regulation 17B to the application are to be treated as references to the updated application comprising the variation application, the original application to which it relates and any other variation applications relating to that original application. (4) In this regulation— “applicable work” means— the building work to which a relevant application or change control application relates, but where the building work is part of a wider development, all the work included in that development; “relevant application” means a building control approval application for HRB work, a stage of HRB work or work to existing HRB or a change control application.
17A Building safety levy information
(1) The “building safety levy information” is— (a) a statement as to whether the applicable work relates to development— (i) for which planning permission is required, or (ii) to which section 33 of the Planning Act 2008 applies, (b) in a case where planning permission is required, also one of the following statements— (i) a statement that the planning permission has been granted together with information identifying the permission, (ii) a statement that an application for planning permission has been made but not yet determined together with information identifying the application for planning permission, (iii) a statement that an application for planning permission has not yet been made, (iv) a statement that the planning permission is subject to prior approval and the prior approval requirement is satisfied, together with information identifying the prior approval and how the requirement is satisfied, (v) a statement that the planning permission is subject to prior approval and a prior approval application has been made but the prior approval requirement is not yet satisfied, together with information identifying the prior approval application, (vi) a statement that the planning permission is subject to prior approval and a prior approval application has not yet been made, but where the planning permission expressly provides for the development to be carried out in phases the references in paragraphs (i), (ii) and (iii) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the relevant application relates, (c) in a case where planning permission is required or section 33 of the Planning Act 2008 applies, also a statement as to whether the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, (d) in relation to each of the buildings included in the building work to which the relevant application relates, the local authority in whose area the building is or is to be situated, (e) the number of dwellings, if any, that would be provided as a result of the building work to which the relevant application relates, (f) if purpose-built student accommodation would be provided as a result of the building work to which the relevant application relates, the number of bedspaces that would be contained in the purpose-built student accommodation, and (g) if paragraph (3) applies in relation to the relevant application, details of any levy determination notice given in respect of the original application or the updated application comprising that original application and one or more variation applications. (2) In paragraph (1), the prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that— (a) prior approval is given or is deemed to be given, or (b) the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990). (3) Where the relevant application is a “variation application” for the purposes of the BSL Regulations, references in this regulation and in regulation 17B to the application are to be treated as references to the updated application comprising the variation application, the original application to which it relates and any other variation applications relating to that original application. (4) In this regulation— “applicable work” means— the building work to which a relevant application or change control application relates, but where the building work is part of a wider development, all the work included in that development; “relevant application” means a building control approval application for HRB work, a stage of HRB work or work to existing HRB or a change control application.
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