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Planning Act 2008

Section 23: Airports

90.This section sets out the circumstances in which airport-related development is a nationally significant infrastructure project. Construction and alteration of an airport is included within this category if a specified minimum passenger or cargo capacity is expected to be reached. Increases in permitted use of an airport are also covered by this category if a minimum capacity increase would be reached.

91.Currently, planning permission under TCPA 1990 is needed for airport developments. To avoid disturbing the devolution settlement, Welsh Ministers will retain their existing powers to determine applications for new airports or extensions in their territory, while applications relating to nationally significant airport projects in England will be determined under the new regime.

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