Part 4Requirement for development consent

I132Meaning of “development”

1

In this Act (except in Part 11) “development” has the same meaning as it has in TCPA 1990.

This is subject to subsections (2) and (3).

2

For the purposes of this Act (except Part 11)—

a

the conversion of a generating station with a view to its being fuelled by crude liquid petroleum, a petroleum product or natural gas is treated as a material change in the use of the generating station;

b

starting to use a cavity or strata for the underground storage of gas is treated as a material change in the use of the cavity or strata;

c

an increase in the permitted use of an airport is treated as a material change in the use of the airport.

3

For the purposes of this Act (except Part 11) the following works are taken to be development (to the extent that they would not be otherwise)—

a

works for the demolition of a listed building or its alteration or extension in a manner which would affect its character as a building of special architectural or historic interest;

b

demolition of a building in a conservation area;

c

works resulting in the demolition or destruction of or any damage to a scheduled monument;

d

works for the purpose of removing or repairing a scheduled monument or any part of it;

e

works for the purpose of making any alterations or additions to a scheduled monument;

f

flooding or tipping operations on land in, on or under which there is a scheduled monument.

4

In this section—

  • “conservation area” has the meaning given by section 91(1) of the Listed Buildings Act;

  • “flooding operations” has the meaning given by section 61(1) of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46);

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

  • “permitted” means permitted by planning permission or development consent;

  • “petroleum products” has the meaning given by section 21 of the Energy Act 1976 (c. 76);

  • “scheduled monument” has the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46);

  • “tipping operations” has the meaning given by section 61(1) of that Act.