Planning Act 2008

235 Interpretation E+W+S

(1) In this Act (except in Part 11)—

• “airport” has the meaning given by section 82(1) of the Airports Act 1986 (c. 31);

• “alteration”, in relation to an airport, must be read in accordance with section 23(6);

• “alteration”, in relation to a highway, includes stopping up the highway or diverting, improving, raising or lowering it;

• “appropriate Crown authority” has the meaning given by section 227;

• “building” has the meaning given by section 336(1) of TCPA 1990;

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “construction”, in relation to so much of a generating station as comprises or is to comprise renewable energy installations, has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (c. 20) (see section 104 of that Act) (and related expressions must be read accordingly);

• “construction”, in relation to a pipe-line, includes placing (and related expressions must be read accordingly);

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “cross-country pipe-line” has the same meaning as in the Pipe-lines Act 1962 (c. 58) (see section 66 of that Act);

• “Crown land” has the meaning given by section 227;

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F2 “deployable output” means, in relation to a given facility, the annual average volume of water that can be produced per day from that facility under drought conditions, having regard in particular (where applicable) to—

  (a)

  the hydrological yield of the facility;

  (b)

  the quantity of water licensed for abstraction;

  (c)

  the state of the local environment;

  (d)

  the properties of any—

  (i)

  pumping plant;

  (ii)

  well;

  (iii)

  aquifer;

  (iv)

  raw water main;

  (v)

  aqueduct;

  (vi)

  transfer main;

  (vii)

  output main;

  (e)

  any water treatment processes;

  (f)

  any requirements relating to water quality;

• “desalination plant” means a facility for the extraction of mineral components from saline water;]

• “development” has the meaning given by section 32;

• “development consent” has the meaning given by section 31;

• [F2 “drought conditions” means conditions resulting from a shortage of precipitation that has a 0.5% chance of occurring within a 12 month period;]

• “electric line” has the same meaning as in Part 1 of the Electricity Act 1989 (c. 29) (see section 64(1) of that Act);

• “extension”, in relation to a generating station, has the meaning given by section 36(9) of the Electricity Act 1989 (and “extend” must be read accordingly);

• “gas” includes natural gas;

• “gas reception facility” must be read in accordance with section 19(3);

• “gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (c. 44) (see section 7(1) of that Act);

• “generating station” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1) of that Act);

• “goods” has the meaning given by section 83(1) of the Railways Act 1993 (c. 43);

• “Green Belt land” has the meaning given by section 2(1) of the Green Belt (London and Home Counties) Act 1938 (c. xciii);

• “harbour” and “harbour authority” have the meanings given by section 57(1) of the Harbours Act 1964 (c. 40);

• “highway” has the meaning given by section 328 of the Highways Act 1980 (c. 66);

• “highway authority” has the same meaning as in the Highways Act 1980 (c. 66) (see sections 1 to 3 of that Act);

• “improvement”, in relation to a highway, has the meaning given by section 329(1) of the Highways Act 1980;

• “inland waters” has the same meaning as in the Water Resources Act 1991 (c. 57) (see section 221(1) of that Act);

• “land” includes buildings and monuments, and land covered with water, and in relation to Part 7 must be read in accordance with section 159;

• “LNG facility” must be read in accordance with section 18(3);

• “local planning authority” has the same meaning as in TCPA 1990 (see section 336(1) of that Act);

• “monument” has the same meaning as in the Ancient Monuments and Archaeological Areas Act 1979 (c. 46) (see section 61 of that Act);

• “nationally significant infrastructure project” has the meaning given by Part 3;

• “national policy statement” has the meaning given by section 5(2);

• “natural gas” means any gas derived from natural strata (including gas originating outside the United Kingdom);

• “navigable watercourse” has the same meaning as in Part 6 of the Highways Act 1980 (see section 111(1) of that Act);

• “non-navigable watercourse” means a watercourse that is not a navigable watercourse;

• “pipe-line” has the meaning given by section 65 of the Pipe-lines Act 1962 (c. 58);

• “planning permission” means permission under Part 3 of TCPA 1990;

• “prescribed” means prescribed by regulations made by the Secretary of State (except in relation to matters authorised or required by this Act to be prescribed in another way);

• “rail freight interchange” means a facility for the transfer of goods between railway and road, or between railway and another form of transport;

• “railway” has the meaning given by section 67(1) of the Transport and Works Act 1992 (c. 42);

• “renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (c. 20) (see section 104 of that Act);

• “Renewable Energy Zone” has the meaning given by section 84(4) of the Energy Act 2004;

• “special road” means a highway which is a special road in accordance with section 16 of the Highways Act 1980 or by virtue of an order granting development consent;

• “standard”, in relation to a volume of gas, means the volume of gas at a pressure of 101.325 kiloPascals and a temperature of 273 Kelvin;

• “trunk road” means a highway which is a trunk road by virtue of—

  (a)

  section 10(1) or 19 of the Highways Act 1980,

  (b)

  an order or direction under section 10 of that Act, or

  (c)

  an order granting development consent,

  or under any other enactment;

• “underground gas storage facilities” must be read in accordance with section 17(6);

• “use” has the meaning given by section 336(1) of TCPA 1990.

(2) A reference in this Act to a right over land includes a reference to a right to do, or to place and maintain, anything in, on or under land or in the air-space above its surface.

(3) Subsection (4) applies to the question of which parts of waters up to the seaward limits of the territorial sea—

(a) are adjacent to Wales (and, in consequence, are not adjacent to England), or

(b) are not adjacent to Wales (and, in consequence, are adjacent to England).

(4) The question is to be determined by reference to an order or Order in Council made under or by virtue of section 158(3) or (4) of the Government of Wales Act 2006 (c. 32) (apportionment of sea areas) if, or to the extent that, the order or Order in Council is expressed to apply—

(a) by virtue of this subsection, for the purposes of this Act, or

(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.

(5) Subsection (6) applies to the question of which parts of waters up to the seaward limits of the territorial sea—

(a) are adjacent to Scotland (and, in consequence, are not adjacent to England), or

(b) are not adjacent to Scotland (and, in consequence, are adjacent to England).

(6) The question is to be determined by reference to an Order in Council made under section 126(2) of the Scotland Act 1998 (c. 46) if, or to the extent that, the Order in Council is expressed to apply—

(a) by virtue of this subsection, for the purposes of this Act, or

(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.

Textual Amendments

F1 Words in s. 235(1) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 69, Sch. 25 Pt. 20; S.I. 2012/628, art. 7

F2 Words in s. 235(1) inserted (9.1.2019) by The Infrastructure Planning (Water Resources) (England) Order 2019 (S.I. 2019/12), arts. 1(1), 2(6) (with arts. 3-5)