Planning Act 2008

115 Development for which development consent may be granted E+W+S

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

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

(b) associated development[F1 , or

(c) related housing development.]

(2) “Associated development” means development which—

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

(b) [F2 does not consist of or include] the construction or extension of one or more dwellings, and

, or

(c) is within subsection (3) [F3 , (4) or (4A)].

(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).

[F4 (4A) Development is within this subsection if the development within subsection (1)(a) with which it is associated is—

(a) the construction or extension of a generating station that is or (when constructed or extended) is expected to be within section 15(3A) or (3B), or

(b) the installation of an electric line that is or (when installed) is expected to be within section 14(1)(b).]

[F5 (4B) Related housing development” means development which—

(a) consists of or includes the construction or extension of one or more dwellings,

(b) is on the same site as, or is next to or close to, any part of the development within subsection (1)(a), or is otherwise associated with that development (or any part of it),

(c) is to be carried out wholly in England, and

(d) meets the condition in subsection (4C).

(4C) Development meets the condition in this subsection if the development within subsection (1)(a) to which it is related is to be carried out in one or more of the following areas—

(a) England;

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

(5) To the extent that development consent is granted for associated development [F6 or related housing development], section 33 applies to the development as it applies to development for which development consent is required.

F7 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (7) The Secretary of State, in deciding an application for an order granting development consent for development that includes related housing development, must take into account any matters set out in guidance published by the Secretary of State.]

Textual Amendments

F1 S. 115(1)(c) and word inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(2), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)

F2 Words in s. 115(2)(b) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(3), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)

F3 Words in s. 115(2)(c) substituted (31.3.2017) by Wales Act 2017 (c. 4), ss. 43(2), 71(2)(e) (with Sch. 7 paras. 1, 6)

F4 S. 115(4A) inserted (31.3.2017) by Wales Act 2017 (c. 4), ss. 43(3), 71(2)(e) (with Sch. 7 paras. 1, 6)

F5 S. 115(4B)(4C) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(4), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)

F6 Words in s. 115(5) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(5), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)

F7 S. 115(6) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 56, Sch. 25 Pt. 20; S.I. 2012/628, art. 7

F8 S. 115(7) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(6), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)

Commencement Information

I1 S. 115 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)