Planning Act 2008

115 Development for which development consent may be granted

(1) Development consent may be granted for development which is—

(a) development for which development consent is required, or

(b) associated development.

(2) “Associated development” means development which—

(a) is associated with the development within subsection (1)(a) (or any part of it),

(b) is not the construction or extension of one or more dwellings, and

(c) is within subsection (3) or (4).

(3) Development is within this subsection if it is to be carried out wholly in one or more of the following areas—

(a) England;

(b) waters adjacent to England up to the seaward limits of the territorial sea;

(c) in the case of development in the field of energy, a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.

(4) Development is within this subsection if—

(a) it is to be carried out wholly in Wales,

(b) it is the carrying out or construction of surface works, boreholes or pipes, and

(c) the development within subsection (1)(a) with which it is associated is development within section 17(3).

(5) To the extent that development consent is granted for associated development, section 33 applies to the development as it applies to development for which development consent is required.

(6) In deciding whether development is associated development, a Panel or the Council must have regard to any guidance issued by the Secretary of State.