- a relevant application
means the application for planning permission or permission in principle in a case where a person—
- a relevant planning application
means an application which—
- a world heritage property
means a property appearing on the World Heritage List (published in accordance with Article 11 of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted on 16 November 1972).
- acquiring authority
has the same meaning as in the Land Compensation Act 1961;
- adjoining premises
includes any land adjoining—
- advertisement
means any word, letter, model, sign, placard, board, notice awning, blind, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the previous provisions of this definition) includes any hoarding or similar structure used or designed, or adapted for use and anything else principally used, or designed or adapted principally for use,, for the display of advertisements, and references to the display of advertisements shall be construed accordingly;
- aftercare condition
has the meaning given in paragraph 2(2) of Schedule 5;
- aftercare scheme
has the meaning given in paragraph 2(3) of Schedule 5;
- agricultural
has the same meaning as in section 109 of the Agriculture Act 1947 and references to the farming of land include references to the carrying on in relation to the land of agricultural activities;
- agricultural unit
means land which is occupied as a unit for agricultural purposes, including any dwellinghouse or other building occupied by the same person for the purpose of farming the land;
- agriculture
includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;
- alternative enactment
means any enactment which is not contained in this Part, in section 2, 5 or 6 of the Local Authorities (Land) Act 1963, in section 14(1) or (4) or 17(3) of the Industrial Development Act 1982 or in Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023;
- an appointed person
means a person appointed in accordance with section 61QD(2)(a);
- annual value
means— • “blight notice” has the meaning given in section 149(5);
- application
includes a submission.
- appointed person
means a person appointed under subsection (1).
- appropriate authority
means—
- appropriate body
means—
- associated document
means any document or other material that— (a) accompanies, relates to, or is or is to be subject of, a planning application, and (b) is required by or under this Act to be provided by or on behalf of the person making the application;
- at a material date
means at either—
- authorised
means authorised by planning permission;
- authorised association
means any society, company or body of persons—
- Authority election
has the meaning given by section 203(1) of the Representation of the People Act 1983;
- authority responsible for enforcing planning control
means, in relation to any works on land or use of land, the authority empowered by virtue of section 75 of the 1947 Act or of paragraph 34 of Schedule 24 to the 1971 Act (including that paragraph as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions) Act 1990) to serve an enforcement notice in respect of it or the authority who would be so empowered if the works had been carried out, or the use begun, otherwise than in compliance with planning control;
- authority to whom Part II of the 1959 Act applies
means a body of any of the descriptions specified in Part I of Schedule 4 to the 1959 Act;
- Biodiversity credits
means credits under section 101 of the Environment Act 2021.
- biodiversity gain plan
has the meaning in paragraph 14(1) of Schedule 7A;
- blight notice
has the meaning given in section 149(5);
- breach of condition notice
has the meaning given in section 187A;
- breach of planning control
has the meaning given in section 171A • “bridleway” has the same meaning as in the Highways Act 1980;
- building
includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;
- building operations
has the meaning given by section 55 • “caravan site” has the meaning given in section 1(4) of the Caravan Sites and Control of Development Act 1960;
- buildings or works
includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly and references to the removal of buildings or works include demolition of buildings and filling in of trenches;
- burial ground
includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, • “monument” includes a tombstone or other memorial, and • “relevant acquisition or appropriation” means an acquisition made by a Minister, a local authority or statutory undertakers under this Part or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 or compulsorily under any other enactment, or an appropriation by a local authority for planning purposes.
- caravan site
has the meaning given in section 1(4) of the Caravan Sites and Control of Development Act 1960;
- CCA
means a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;
- combined authority
means a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;
- combined county authority
means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
- common
includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;
- compensation for depreciation
means so much of any compensation payable under section 107 as is payable in respect of loss or damage consisting of depreciation of the value of an interest in land, • “interest” (where the reference is to an interest in land) means the fee simple or a tenancy of the land and does not include any other interest in it, and • “relevant planning decision” means the planning decision by which planning permission or permission in principle is refused, or by which planning permission is granted subject to conditions other than those previously imposed by the development order, the local development order or the neighbourhood development order.
- competent authority
means—
- compulsory acquisition function
means the function conferred by section 226(1).
- condition
includes a limitation;
- conditions
includes limitations;
- conservation area
means an area designated under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 158 of the Historic Environment (Wales) Act 2023;
- constituent council
means— (a) in relation to a combined authority— (a) a county council the whole or any part of whose area is within the area of the authority, or (b) a district council whose area is within the area of the authority;
- corporate joint committee
means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;
- council
means a county council, a county borough council a district council, a London borough council, the London Fire Commissioner,a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
- council offices
means offices or buildings acquired or provided by a council or by the council of a parish or community or the parish meeting of a parish not having a separate parish council.
- county matter
means in relation to any application, order or notice—
- Crown interest
means any of the following— (a) an interest belonging to Her Majesty in right of the Crown or in right of Her private estates;
- Crown land
means land in which there is a Crown interest or a Duchy interest;
- date of service
has the same meaning as in section 168;
- decision
includes a direction or order, and references to the giving of a decision shall be construed accordingly.
- decision notice
means a notice of a decision to grant planning permission in respect of a development in Wales.
- depositing of mineral waste
means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;
- depositing of refuse or waste materials
includes the depositing of mineral waste;
- development
includes redevelopment.
- development consent
means development consent under the Planning Act 2008;
- development consent obligation
means a planning obligation entered into in connection with an application (or a proposed application) for an order granting development consent.
- development corporation planning authority
means—
- development order
has the meaning given in section 59;
- development,
means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
- display structure
means (subject to subsection (14))—
- disposal
means disposal by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other manner, except by way of appropriation, gift or mortgage, and “dispose of” shall be construed accordingly;
- Duchy interest
means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall;
- ecclesiastical property
means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction....
- electronic communication
has the same meaning as in the Electronic Communications Act 2000;
- enactment
includes an enactment in any local or private Act of Parliament and an order, rule, regulation, byelaw or scheme made under an Act of Parliament;
- enforcement notice
means a notice under section 172;
- engineering operations
includes the formation or laying out of means of access to highways;
- enterprise zone scheme
means a scheme or modified scheme having effect to grant planning permission in accordance with section 88;
- excluded area
means—
- excluded development
has the meaning given by section 61QH;
- existing policy
means a policy or proposal the substance of which (however expressed) was contained in a local plan in force as mentioned in sub-paragraph (1)(a).
- fish farming
means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean and mollusc);
- flat
means a separate and self-contained set of premises constructed or adapted for use as a dwelling and forming part of a building from some other part of which it is divided horizontally;
- footpath
has the same meaning as in the Highways Act 1980;
- forestry
has the same meaning as in paragraph 2;
- fuel or field garden allotment
means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;
- functions
includes powers and duties;
- general development order
means a development order (within the meaning of section 59) made as a general order applicable (subject to such exceptions as may be specified in it) to all land in England and Wales.
- government department
includes any Minister of the Crown;
- government departments which possess compulsory purchase powers
means government departments being authorities possessing compulsory purchase powers within the meaning of that Act.
- Green Belt land
has the same meaning as in that Act.
- Habitat enhancement
means enhancement of the biodiversity of habitat.
- hereditament
means a relevant hereditament within the meaning of section 64(4)(a) to (c) of the Local Government Finance Act 1988;
- highway
has the same meaning as in the Highways Act 1980;
- implementation period
means the period before the end of which a development to which a planning permission relates must be begun (see subsections (1) and (3));
- improvement
includes regeneration.
- inland waters
means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows;
- interest
(where the reference is to an interest in land) means the fee simple or a tenancy of the land and does not include any other interest in it, and • “relevant planning decision” means the planning decision by which planning permission or permission in principle is refused, or by which planning permission is granted subject to conditions other than those previously imposed by the development order, the local development order or the neighbourhood development order.
- joint planning board
has the meaning given in section 2;
- land
has the same meaning as in the Local Land Charges Act 1975.
- lease
includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage, and “leasehold interest” means the interest of the tenant under a lease as so defined;
- leasehold interest
means the interest of the tenant under a lease as so defined;
- legible in all material respects
means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.
- listed building
means—
- local authority
means the council of a county, county borough, district, parish, community or London borough, a police and crime commissioner, the Mayor's Office for Policing and Crime,... a joint authority established by Part IV of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act,a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,the London Fire Commissioner, a housing action trust established under Part III of the Housing Act 1988... and the parish meeting of a... parish not having a separate parish council;
- local enactment
means a local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure.
- local finance consideration
means— (a) a grant or other financial assistance that has been, or will or could be, provided to a relevant authority by a Minister of the Crown, or (b) sums that a relevant authority has received, or will or could receive, in payment of Community Infrastructure Levy;
- local highway authority
means a highway authority other than the Secretary of State or a strategic highways company;
- London borough
includes the City of London, references to the council of a London borough or the clerk to such a council being construed, in relation to the City, as references to the Common Council of the City and the town clerk of the City respectively;
- material development
means any development other than—
- material operation
means—
- mayoral CCA
has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act);
- mayoral combined authority
has the same meaning as in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act);
- means of access
includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a street;
- mineral planning authority
has the meaning given in section 1;
- mineral-working deposit
means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land;
- minerals
includes all substances of a kind ordinarily worked for removal by underground or surface working, except that it does not include peat cut for purposes other than sale;
- Minister
means any Minister of the Crown or other government department;
- Minister of the Crown
has the same meaning as in the Ministers of the Crown Act 1975;
- monument
includes a tombstone or other memorial, and • “relevant acquisition or appropriation” means an acquisition made by a Minister, a local authority or statutory undertakers under this Part or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 or compulsorily under any other enactment, or an appropriation by a local authority for planning purposes.
- mortgage
includes any charge or lien on any property for securing money or money’s worth;
- national policy statement
has the meaning given by section 5(2) of the Planning Act 2008;
- neighbourhood area
means an area designated as such under section 61G;
- neighbourhood forum
means an organisation or body designated as such under section 61F;
- neighbourhood planning matters
means—
- Non-domestic ratepayer
has the same meaning as in Part 4 of the Local Government Act 2003 (see section 59(1)).
- non-mayoral CCA
has the same meaning as in the Levelling-up and Regeneration Act 2023 (see section 57 of that Act);
- non-mayoral combined authority
has the same meaning as in the Local Democracy, Economic Development and Construction Act 2009 (see section 120 of that Act);
- objections made in accordance with the regulations
means objections made—
- offsite habitat
means habitat which is not onsite habitat. • “planning authority” means the local planning authority, except that— (a) in a case where the planning permission is granted by Mayoral development order under section 61DB, “planning authority” means such of the Mayor of London or the local planning authority as may be specified in the order;
- onsite habitat
means habitat on the land to which the planning permission relates;
- open space
means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;
- operational land
has the meaning given in section 263;
- outline planning permission
has the same meaning as in section 92;
- owner
has the same meaning as in the Housing Act 1985 and “owned” shall be construed accordingly;
- permission in principle
means permission of the kind referred to in section 58A;
- person
includes any body of persons corporate or unincorporate) in relation to any provision of this Chapter.
- planning application
means— (a) an application under, or for the purposes of, any provision of Part 3, 8 or 13 of this Act or any subordinate provision made under that Part, or (b) an application under section 191 or 192, but does not include an application made in legal proceedings;
- planning authority
means the local planning authority, except that— (a) in a case where the planning permission is granted by Mayoral development order under section 61DB, “planning authority” means such of the Mayor of London or the local planning authority as may be specified in the order;
- planning contravention notice
has the meaning given in section 171C • “planning decision” means a decision made on an application under Parts 3 or 13;
- planning enforcement order
means an order under section 171BA(1).
- planning obligation
means a planning obligation under section 106.
- planning permission
means permission under Parts 3 or 13,... but does not include permission in principle;
- planning permission granted for a limited period
has the meaning given in section 72(2);
- policies
includes proposals.
- pre 1947 Act enactment
means—
- Pre-commencement condition
means a condition imposed on a grant of planning permission (other than a grant of outline planning permission within the meaning of section 92) which must be complied with—
- premises
means building, wall, fence or other structure or erection, or apparatus or plant;
- prescribed
means prescribed in a development order;
- private interest
means an interest which is neither a Crown interest nor a Duchy interest.
- proceeding giving rise to compensation
means—
- provided
includes prepared, submitted, issued, served, notified and published;
- public gas transporter
has the same meaning as in Part I of the Gas Act 1986;
- purchase notice
has the meaning given in section 137;
- qualifying address
has the meaning given by section 9 of the Representation of the People Act 1983.
- qualifying body
means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development order to act in relation to a neighbourhood area as a result of section 61F.
- qualifying document
means a document, as it has effect from time to time, which— (a) falls within subsection (3), (b) indicates that the land in question is allocated for development for the purposes of this section, and (c) contains prescribed particulars in relation to the land allocated and the kind of development for which it is allocated.
- qualifying European site
means— (a) a European offshore marine site within the meaning of the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013), or (b) a European site within the meaning of the Conservation of Habitats and Species Regulations 2017, and • “ specified ” means specified in the community right to build order.
- qualifying group
has the meaning given by section 61QB;
- Registered offsite biodiversity gain
means any habitat enhancement of an offsite habitat, where—
- relevant acquisition or appropriation
means an acquisition made by a Minister, a local authority or statutory undertakers under this Part or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 or compulsorily under any other enactment, or an appropriation by a local authority for planning purposes.
- relevant activity
means any activity specified in the enforcement notice as an activity which the local planning authority require to cease and any activity carried out as part of that activity or associated with that activity.
- relevant application
means— but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations.
- relevant authority
means—
- relevant body
means—
- relevant considerations
means—
- relevant costs
means the costs of providing advice, information or assistance (including the provision of a response to a consultation) in connection with— that are made under or for the purposes of the planning Acts and that relate to land in England.
- relevant costs order
means an order made under section 250(5) of the Local Government Act 1972 (orders as to costs of parties), as applied by virtue of any provision of this Act.
- relevant council
has the meaning given by section 61QB(3);
- relevant demolition
means the demolition of a building that—
- relevant document, plan or revision
means—
- relevant function
means a function exercisable by a relevant local planning authority in relation to an application under this Act;
- relevant local authority
means—
- relevant local planning authority
means a local planning authority in England which is an authority to which sections 101 and 102 of the 1972 Act apply, except that it does not include—
- relevant mayoral planning function
means—
- relevant mineral
means any mineral other than oil, gas, coal, gold or silver.
- relevant mineral planning authority
means a mineral planning authority in England which is an authority to which sections 101 and 102 of the 1972 Act apply, except that it does not include a National Park authority.
- relevant neighbourhood development plan
means— (a) a post-examination draft neighbourhood development plan as defined by section 70(3B) to (3F), or (b) a neighbourhood development plan which forms part of a development plan by virtue of section 38(2A) or (3A) of the Planning and Compulsory Purchase Act 2004 (plans which have been made or approved in a referendum);
- relevant obligation
means—
- relevant occupier
means a person who—
- relevant order
means an order that is made under—
- relevant period
means—
- relevant person
means—
- relevant planning application
means an application which— (a) relates to land in the area for which the neighbourhood forum is designated;
- relevant planning decision
means the planning decision by which planning permission or permission in principle is refused, or by which planning permission is granted subject to conditions other than those previously imposed by the development order, the local development order or the neighbourhood development order.
- relevant planning function
has the same meaning as in section 319ZZA (see subsections (9) and (10) of that section).
- relevant planning permission
means planning permission other than— (a) planning permission granted by a development order;
- relevant predecessor
means London Regional Transport or such other predecessor in title of Transport for London or the subsidiary of Transport for London as last acquired the interest in question—
- relevant proceedings
means proceedings to challenge the validity, in respect of the development of land in England, of a grant of planning permission or of a deemed grant of planning permission.
- relevant residential development
means development which— (a) involves the creation of one or more dwellings, and (b) is of a prescribed description.
- relevant valuation officer
means the valuation officer who would have determined the rateable value in respect of the hereditament for the purposes of Part III of the Local Government Finance Act 1988 if the hereditament had fulfilled the conditions set out in section 42(1)(b) to (d) of that Act;
- relevant Welsh application
means an application for planning permission, in a case where a person—
- reserved matters application
means an application for the approval of a reserved matter in pursuance of section 92;
- restoration condition
has the meaning given in paragraph 2(2) of Schedule 5;
- restricted byway
has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000;
- site licence
means a licence under Part 1 of the Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site or under Part 2 of the Mobile Homes (Wales) Act 2013 authorising the use of the land as a site for mobile homes (within the meaning of that Act).
- special enactment
means a local enactment, or a provision contained in an Act other than a local or private Act, which is a local enactment or provision authorising the compulsory acquisition of land specifically identified in it;
- specified
means specified in the instrument by which the planning obligation is entered into and in this section and section 106A “ land ” has the same meaning as in the Local Land Charges Act 1975.
- specified person
has the same meaning as in section 303.
- statutory undertaker
means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 11.
- statutory undertakers
means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power and a relevant airport operator (within the meaning of Part V of the Airports Act 1986).
- steps for the protection of the environment
has the meaning given in paragraph 5(4) of Schedule 9;
- stop notice
has the meaning given in section 183;
- strategic authority to whom this section applies
means a combined authority or CCA.
- strategic highways company
means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;
- strategic planning authority
has the meaning given by section 12A of the Planning and Compulsory Purchase Act 2004.