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The Welsh Ministers (Transfer of Functions) (No. 2) Order 2009

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Welsh Ministers (Transfer of Functions) ( No. 2) Order 2009 No. 3019

Interpretation

This section has no associated Explanatory Memorandum

4.  In this Schedule—

“ancillary development” has the same meaning as in section 90(2) of the Town and Country Planning Act 1990(1);

“development consent” means development consent under the Planning Act 2008(2);

“gas transporter” has the same meaning as in Part 1 of the Gas Act 1986(3);

“outbuilding” means a shed, greenhouse, summerhouse, garage or similar building that is not attached to any other building other than another outbuilding;

“residence” includes—

(a)

a dwelling-house;

(b)

a flat and any common parts;

(c)

a room used for residential purposes and any common parts;

“room used for residential purposes” means a room or a suite of rooms which is not a dwelling-house or a flat and which is used by one or more persons to live and sleep.

(1)

1990 c. 8. Section 90 was amended by the Planning and Compensation Act 1991 (c. 34), section 31 and Schedule 6, paragraph 12; the Transport and Works Act 1992 (c. 42), section 16(1); and the Environment Act 1995 (c. 25), section 78 and Schedule 10, paragraph 32(4). For the meaning of “ancillary development” in relation to development consisting of the extension of a generating station, see section 90(5).

(2)

2008 c. 29. See Part 4 for the requirement for development consent.

(3)

1986 c. 44. See section 7(1) for the meaning of “gas transporter”. There have been extensive amendments to Part 1: see in particular the Utilities Act 2000 (c. 27), Part 5, and the Planning Act 2008 (c. 29), section 36 and Schedule 2, paragraphs 11 to 14.

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