408Interpretation(1)

In this Act—

“acquiring authority” (“awdurdod caffael”), in relation to the acquisition or proposed acquisition of an interest in land (whether compulsorily or by agreement), means the public authority or other person by whom the interest is acquired or is proposed to be acquired;

“address” (“cyfeiriad”), in relation to electronic communications, means any number or address used for the purpose of electronic communications;

“advertisement” (“hysbyseb”) has the meaning given by section 221(5);

“aftercare condition” (“amod ôl-ofal”) has the meaning given by paragraph 1(2)(b) of Schedule 3;

“agricultural unit” (“uned amaethyddol”) means land that is occupied as a unit for the purposes of agriculture, including any of the following that are on the land—

(a)

a dwelling or other building that is occupied for the purpose of farming the land by the person who occupies the unit, and

(b)

a dwelling occupied by an agricultural worker;

“agriculture” (“amaethyddiaeth”) includes—

(a)

horticulture, fruit growing and seed growing,

(b)

dairy farming and the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for use in farming land),

(c)

the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and

(d)

the use of land for woodlands, where that use is ancillary to the farming of land for other agricultural purposes;

“air traffic licensee” (“trwyddedai traffig awyr”) means a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 (c. 38) (air traffic services);

“appropriate Crown authority” (“awdurdod priodol y Goron”), in relation to Crown land, has the meaning given by section 401(6);

“appropriate Minister” (“Gweinidog priodol”), in relation to a statutory undertaker, has the meaning given by section 308;

“breach of condition notice” (“hysbysiad tor amod”) means a notice served under section 125;

“breach of planning control” (“tor rheolaeth gynllunio”) has the meaning given by section 112(1);

“building” (“adeilad”) (except in Chapter 2 of Part 6) means—

(a)

any building or structure, or

(b)

any part of a building or structure,

but does not include plant or machinery forming part of a building or structure;

“burial ground” (“claddfa”) includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the interment of human remains;

“Church of England Measure” (“Mesur gan Eglwys Loegr”) means a Measure of the Church Assembly or of the General Synod of the Church of England;

“CIL regulations” (“rheoliadau ASC”) has the meaning given by section 171(3);

“compulsory acquisition” (“caffaeliad gorfodol”) does not include the transfer of property from one person to another by an enactment;

“control of advertisements regulations” (“rheoliadau rheolaethu hysbysebion”) has the meaning given by section 221(1);

“corporate joint committee” (“cyd-bwyllgor corfforedig”) means a corporate joint committee to which Part 2 of this Act applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);

“the Crown” (“y Goron”) is to be interpreted in accordance with section 401(7);

“Crown interest” (“buddiant y Goron”) has the meaning given by section 401(3);

“Crown land” (“tir y Goron”) has the meaning given by section 401(2);

“depositing of mineral waste” (“dyddodi gwastraff mwynau”) means any process whereby a deposit of mineral waste is created or enlarged;

“development” (“datblygiad”) (except in Chapter 2 of Part 6) has the meaning given by section 3 (see also sections 4 to 6);

“development consent (“cydsyniad datblygu”) means development consent under the Planning Act 2008 (c. 29);

“development order” (“gorchymyn datblygu”) has the meaning given by section 44(1);

“the development plan” (“y cynllun datblygu”), in relation to an area, is to be interpreted in accordance with section 10;

“discontinuance order” (“gorchymyn datbarhau”) means an order under section 206;

“display” (“arddangos”), in relation to an advertisement, is to be interpreted in accordance with section 221(5);

“disposal” (“gwaredu”), in relation to land, means disposal by sale, exchange or lease, by creating an easement, right or privilege, or in any other way, but does not include a disposal by appropriation, gift or mortgage;

“Duchy interest” (“buddiant Dugiaeth”) has the meaning given by section 401(4);

“electricity licensee” (“trwyddedai trydan”) means a person who holds a licence under section 6 of the Electricity Act 1989 (c. 29) (generation, distribution, supply etc. of electricity);

“electronic communication” (“cyfathrebiad electronig”) has the meaning given by section 15(1) of the Electronic Communications Act 2000 (c. 7);

“electronic communications apparatus” (“cyfarpar cyfathrebiadau electronig”) has the meaning given by paragraph 1(1) of Schedule 17 to the Communications Act 2003 (c. 21);

“electronic communications code” (“cod cyfathrebiadau electronig”) means the code set out in Schedule 3A to the Communications Act 2003;

“electronic communications code network” (“rhwydwaith cod cyfathrebiadau electronig”) has the meaning given by paragraph 1(1) of Schedule 17 to the Communications Act 2003;

“electronic communications code operator” (“gweithredwr cod cyfathrebu electronig”) has the meaning given by paragraph 1(1) of Schedule 17 to the Communications Act 2003;

“enactment” (“deddfiad”) means any enactment, whenever enacted or made;

“enforcement action” (“cam gorfodi”), and references to taking enforcement action, are to be interpreted in accordance with section 112(2);

“enforcement investigation notice” (“hysbysiad ymchwilio am orfodi”) means a notice served under section 114;

“enforcement notice” (“hysbysiad gorfodi”) means a notice issued under section 128 or 144;

“enforcement warning notice” (“hysbysiad rhybuddio am orfodi”) means a notice issued under section 119;

“erection” (“codi”), in relation to a building, includes extension, alteration and re-erection;

“farming” (“ffermio”), in relation to land, includes carrying out any agricultural activities in relation to it;

“former public telecommunications operator” (“cyn-weithredwr telathrebu cyhoeddus”) has the meaning given to “former PTO” by paragraph 1(1) of Schedule 17 to the Communications Act 2003;

“functions” (“swyddogaethau”) includes powers and duties;

“gas transporter” (“trawsgludydd nwy”) has the meaning given by section 7(1) of the Gas Act 1986 (c. 44) (licensing of conveyance of gas through pipes);

“government department” (“adran o’r llywodraeth”) includes the Welsh Ministers and a Minister of the Crown;

“the Hazardous Substances Act” (“y Ddeddf Sylweddau Peryglus”) means the Planning (Hazardous Substances) Act 1990 (c. 10);

“highway” (“priffordd”) has the same meaning as in the Highways Act (see section 328(1) and (2) of that Act);

“highway authority” (“awdurdod priffyrdd”) has the same meaning as in the Highways Act (see Part 1 of that Act);

“the Highways Act” (“y Ddeddf Priffyrdd”) means the Highways Act 1980 (c. 66);

“the Historic Environment Act” (“Deddf yr Amgylchedd Hanesyddol”) means the Historic Environment (Wales) Act 2023 (asc 3);

“improvement” (“gwella”), in relation to a highway, has the same meaning as in the Highways Act (see sections 329(1) and 332 of that Act);

“information notice” (“hysbysiad gwybodaeth”) means a notice served under section 383;

“infrastructure consent order” (“gorchymyn cydsyniad seilwaith”) has the meaning given by section 143(1) of the Infrastructure (Wales) Act 2024 (asc 3);

“inspector” (“arolygydd”) means a person appointed by the Welsh Ministers;

“joint planning board” (“bwrdd cydgynllunio”) means a joint board established under section 8(1)(b);

“land” (“tir”)—

(a)

means any corporeal hereditament, including—

(i)

a building;

(ii)

any mine or minerals, whether or not severed from the surface;

(b)

in relation to the acquisition of land, includes any interest in or right over land;

“lawful” (“cyfreithlon”), in relation to any use of land or operations on land, or any failure to comply with a condition of planning permission, has the meaning given by section 155;

“lease” (“les”) includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage;

“listed building” (“adeilad rhestredig”) has the meaning given by section 76 of the Historic Environment Act;

“local authority” (“awdurdod lleol”) means—

(a)

a county council or county borough council in Wales;

(b)

a National Park authority in Wales;

(c)

a community council;

(d)

a police and crime commissioner in Wales;

(e)

a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies;

(f)

a body in Wales that is a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 (c. 41);

(g)

a body in Wales to which section 75 of that Act (special levies) applies;

(h)

a joint board or joint committee, if all the constituent authorities are local authorities within paragraphs (a) to (g);

“local development order” (“gorchymyn datblygu lleol”) has the meaning given by section 45(1);

“local development plan” (“cynllun datblygu lleol”) is to be interpreted in accordance with section 19;

“the Local Government Act” (“y Ddeddf Llywodraeth Leol”) means the Local Government Act 1972 (c. 70);

“local highway authority” (“awdurdod priffyrdd lleol”) means a highway authority other than the Welsh Ministers, the Secretary of State or a strategic highways company;

“maintenance of land notice” (“hysbysiad cynnal a chadw tir”) means a notice issued under section 214;

“material change in the use of land” (“newid sylweddol yn y defnydd o dir”) is to be interpreted in accordance with Chapter 2 of Part 1;

“mineral waste” (“gwastraff mwynau”) means material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of mining operations;

“minerals” (“mwynau”) includes all substances of a kind ordinarily worked for removal by underground or surface working, except that it does not include peat cut for purposes other than sale;

“minerals development” (“datblygiad mwynau”) means development that—

(a)

consists of mining operations, or

(b)

includes the depositing of mineral waste;

“minerals permission” (“caniatâd mwynau”) means planning permission for minerals development, but does not include planning permission granted by a development order;

“mining operations” (“gweithrediadau mwyngloddio”) has the meaning given by section 4(5);

“mortgage” (“morgais”) includes any charge or lien on any property for securing money or money’s worth;

“National Development Framework for Wales” (“Fframwaith Datblygu Cenedlaethol Cymru”) is to be interpreted in accordance with section 12;

“open space” (“man agored”) means any land that—

(a)

is laid out as a public garden,

(b)

is used for public recreation, or

(c)

is a disused burial ground;

“operational land” (“tir gweithredol”), in relation to a statutory undertaker, has the meaning given by section 304, 305 or 306;

“operations” (“gweithrediadau”) has the meaning given by section 4(1);

“operator” (“gweithredwr”), in relation to an electronic communications code network, has the meaning given by paragraph 1(1) of Schedule 17 to the Communications Act 2003;

“outline planning permission” (“caniatâd cynllunio amlinellol”) has the meaning given by section 48(4);

“owner” (“perchennog”), in relation to land (except where a provision of this Act specifies a different meaning), means a person who, whether in their own right or as trustee for any other person—

(a)

is entitled to receive the rack rent of the land, or

(b)

would be so entitled if the land were let at a rack rent,

but does not include a mortgagee who is not in possession;

“planning authority” (“awdurdod cynllunio”) has the meaning given by section 7;

“planning decision” (“penderfyniad cynllunio”) means a decision on an application for planning permission made under this Act (see also subsections (5) and (6));

“planning obligation” (“rhwymedigaeth gynllunio”) means an obligation entered into under section 165;

“planning permission” (“caniatâd cynllunio”) means permission under Part 3;

“planning permission granted for a limited period” (“caniatâd cynllunio a roddir am gyfnod cyfyngedig”) has the meaning given by section 67(4);

“post-1948 minerals permission” (“caniatâd mwynau ôl-1948”) has the meaning given by section 103(6);

“pre-1948 minerals permission” (“caniatâd mwynau cyn-1948”) has the meaning given by section 103(6);

“private interest” (“buddiant preifat”), in relation to Crown land, has the meaning given by section 401(5);

“prohibition order” (“gorchymyn gwahardd”) means an order under paragraph 1 of Schedule 15;

“protection order” (“gorchymyn diogelu”) means an order under paragraph 5 of Schedule 15;

“relevant airport operator” (“gweithredwr maes awyr perthnasol”) has the meaning given by section 57A of the Airports Act 1986 (c. 31);

“removal” (“symud ymaith”)—

(a)

in relation to a building, includes demolition;

(b)

in relation to works, includes filling in trenches;

“reserved matter” (“mater a gadwyd yn ôl”) has the meaning given by section 48(4);

“restoration condition” (“amod adfer”) has the meaning given by paragraph 1(2)(a) of Schedule 3;

“special parliamentary procedure” (“gweithdrefn arbennig Senedd y Deyrnas Unedig”) means the procedure set out in the Statutory Orders (Special Procedure) Act 1945 (9 & 10 Geo. 6 c. 18);

“special Senedd procedure” (“gweithdrefn arbennig Senedd Cymru”) means the procedure specified in the standing orders of Senedd Cymru for subordinate legislation that is subject to special Senedd procedure;

“statutory undertaker” (“ymgymerwr statudol”) and “statutory undertaking” (“ymgymeriad statudol”) have the meanings given by section 303;

“stop notice” (“hysbysiad stop”) means a notice issued under section 145 or 150;

“strategic development plan” (“cynllun datblygu strategol”) is to be interpreted in accordance with section 17;

“strategic highways company” (“cwmni priffyrdd strategol”) means a company for the time being appointed under Part 1 of the Infrastructure Act 2015 (c. 7);

“temporary stop notice” (“hysbysiad stop dros dro”) means a notice issued under section 120;

“termination order” (“gorchymyn terfynu”) means an order under section 98;

“tree preservation order” (“gorchymyn diogelu coed”) means an order under section 234 or 236(1);

“tree preservation regulations” (“rheoliadau diogelu coed”) has the meaning given by section 237(1);

“tree replacement notice” (“hysbysiad amnewid coed”) means a notice issued under section 252;

“universal postal service provider” (“darparwr gwasanaeth post cyffredinol”) means a “universal service provider” within the meaning given by section 65 of the Postal Services Act 2011 (c. 5), and references to the provision of a universal postal service are to be read in accordance with that section;

“urban development area” (“ardal datblygu trefol”) has the same meaning as in Part 16 of the Local Government, Planning and Land Act 1980 (c. 65) (see section 171 of that Act);

“urban development corporation” (“corfforaeth datblygu trefol”) has the same meaning as in Part 16 of the Local Government, Planning and Land Act 1980 (see section 171 of that Act);

“Wales” (“Cymru”) means the combined area of the counties and county boroughs in Wales;

“waste” (“gwastraff”) includes anything that is—

(a)

waste within the scope of Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851, or

(b)

mineral waste;

“water undertaker” (“ymgymerwr dŵr”) and “sewerage undertaker” (“ymgymerwr carthffosiaeth”) are to be interpreted in accordance with section 6 of the Water Industry Act 1991 (c. 56);

“the Well-being Act” (“y Ddeddf Llesiant”) means the Well-being of Future Generations (Wales) Act 2015 (anaw 2);

“the Welsh planning Acts” (“Deddfau cynllunio Cymru”) means—

(a)

this Act,

(b)

the Hazardous Substances Act, as it applies in relation to Wales, and

(c)

Parts 3 to 5 of the Historic Environment Act, and Part 7 of that Act as it applies for the purposes of those Parts;

“woodland preservation order” (“gorchymyn diogelu coetir”) means an order under section 235 or 236(2);

“works” (“gwaith”) includes waste deposited on land, and references to the construction of works include the deposit of waste on land.

(2)

In this Act (except in Part 11)—

(a)

references to things on land include things in, under or over the land;

(b)

references to doing anything on land include doing it in, under or over the land.

(3)

Where a provision of this Act requires a person to have regard to the development plan for an area and any other relevant considerations in exercising a function, the considerations to which the person must have regard include—

(a)

national policies relating to the development and use of land issued by the Welsh Ministers, so far as those policies are relevant to the exercise of the function, and

(b)

considerations relating to the use of the Welsh language, so far as they are relevant to the exercise of the function.

(4)

Subsection (3) does not affect—

(a)

whether the considerations that it mentions, or any other considerations, are relevant to the exercise of a function, or

(b)

the weight that must be given to any consideration to which a person has regard.

(5)

In this Act a reference to a planning decision (however expressed) is—

(a)

in relation to a decision of a planning authority that is altered on appeal by the reversal or variation of all or part of it, a reference to the decision as altered on appeal;

(b)

in relation to a decision of a planning authority that is upheld on appeal, a reference to the decision of the planning authority and not the decision of the Welsh Ministers on the appeal;

(c)

in relation to a decision given on an appeal under section 73(3) (failure to give notice of decision etc.), a reference to the decision on the appeal.

(6)

In a case where there is an appeal, a planning decision is to be treated as having been made—

(a)

when the planning authority made its decision (whether or not that decision is altered on the appeal), or

(b)

if the appeal is made under section 73(3), at the end of the period mentioned in that subsection,

but for the purpose of determining whether a purchase notice has been served within the period specified in paragraph 4(2) of Schedule 12, this is subject to paragraphs 4(3) and 10(2) of that Schedule.