Part 4

Requirement for development consent

Meaning of “development”
32
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.
S. 32 in force at 1.3.2010 by S.I. 2010/101, art. 3(c) (with art. 6)