PART 9

GENERAL PROVISIONS

Development

Meaning of “development”
133
1
In this Act, “development” has the same meaning as it has in TCPA 1990, subject to subsections (2), (3) and (4).
2
For the purposes of this Act—
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
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, 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 way that would affect its character as a building of special architectural or historic interest;
b
works for the 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 or making any alterations or additions to the monument or any part of it;
e
flooding or tipping operations on land in, on or under which a scheduled monument is situated.
4
For the purposes of this Act, “development” includes operations and changes of use in the sea and other areas covered with waters.
5
In this section—
- “conservation area” (“ardal gadwraeth”) means an area designated under section 158 of the Historic Environment (Wales) Act 2023 (asc 3);
- “flooding operations” (“gweithdrediadau i foddi tir”) has the meaning given by section 75(1) of the Historic Environment (Wales) Act 2023;
- “listed building” (“adeilad rhestredig”) has the meaning given by section 76 of the Historic Environment (Wales) Act 2023;
- “permitted” (“a ganiateir”) means permitted by planning permission or infrastructure consent;
- “petroleum products” (“cynhyrchion petroliwm”) has the meaning given by section 21 of the Energy Act 1976 (c. 76);
- “scheduled monument” (“heneb gofrestredig”) has the meaning given by section 3(7) of the Historic Environment (Wales) Act 2023;
- “tipping operations” (“gweithrediadau tipio”) has the meaning given by section 75(1) of the Historic Environment (Wales) Act 2023.
S. 133 in force at 4.6.2024, see s. 147(1)(c)