Infrastructure (Wales) Act 2024

Development E+W

133 Meaning of “development” E+W

(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.

Commencement Information

I1 S. 133 in force at 4.6.2024, see s. 147(1)(c)