Part 4E+W+SRequirement for development consent

32Meaning of “development”E+W+S

(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.

Commencement Information