Section 32: Meaning of “development”
98.This section describes what constitutes “development” in the context of a nationally significant infrastructure project. It provides that “development” has the same meaning as “development” in TCPA 1990 subject to subsections (2) and (3).
99.The effect of subsection (2) is that the conversion of a generating station to enable it to use gas or petroleum as a fuel source, starting to use a cavity or strata underground for the purposes of gas storage and an increase in the permitted use of an airport count as “development” for the purposes of the development consent regime. The provision relating to generating stations replicates the position under section 14 of the Energy Act 1976, which gives the Secretary of State the power to direct that conversions should not take place. Likewise, starting to use natural porous strata underground for the purposes of gas storage currently requires the consent of the Secretary of State under section 4 of the Gas Act 1965. Similarly, a material increase in the permitted use of an airport requires a change to a planning permission or a condition of a planning permission under TCPA 1990.
100.Subsection (3) is consistent with provisions in the Planning (Listed Buildings and Conservation Areas) Act 1990 (referred to in these notes as “the Listed Buildings Act”) and the Ancient Monuments and Archaeological Areas Act 1979. The subsection makes it clear that the types of works to heritage assets listed are to be treated as development for the purposes of the development consent regime.
