- a relevant local planning authority
means a local planning authority for all or any part of the area in which the land to which the decision relates is situated.
- Act
includes an Act of the Scottish Parliament.
- affordable housing
means— (a) social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and (b) any other description of housing that CIL regulations may specify;
- air cargo transport services
means services for the carriage by air of cargo;
- air passenger transport services
means services for the carriage by air of passengers;
- air transport movement
means a landing or take-off of an aircraft;
- airport
has the meaning given by section 82(1) of the Airports Act 1986 (c. 31);
- appointed person
means a person appointed to handle the application under Chapter 3.
- appropriate Crown authority
has the meaning given by section 227;
- Approved operator
means a person who meets the conditions in subsections (5) and (6).
- Associated development
means development which—
- authorised person
means a person who is authorised in writing to exercise the power in that subsection on behalf of—
- biodiversity credits
means credits under section 101 of the Environment Act 2021;
- biodiversity gain site register
means the register under section 100 of the Environment Act 2021;
- building
has the meaning given by section 336(1) of TCPA 1990;
- cargo
includes mail;
- cargo aircraft
means an aircraft which is— (a) designed to transport cargo but not passengers, and (b) engaged in the transport of cargo on commercial terms;
- cargo ship
means a ship which is used for carrying cargo;
- compensation for depreciation
means compensation payable under paragraph 6 in respect of loss or damage consisting of depreciation of the value of an interest in land.
- consent
means—
- conservation area
has the meaning given by section 91(1) of the Listed Buildings Act;
- container ship
means a cargo ship which carries all or most of its cargo in containers;
- 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;
- cushion gas
means gas which is kept in underground gas storage facilities for the purpose of enabling other gas stored there to be recovered from storage.
- Deep storage facility
means a facility for the storage of waste underground in a deep geological cavity.
- 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;
- desalination plant
means a facility for the extraction of mineral components from saline water;
- developer
means a person who is wholly or partly responsible for carrying out a development.
- development
has the meaning given by section 32;
- development consent
has the meaning given by section 31;
- 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 consent order
means an order granting development consent.
- development consent order application
has the meaning given by paragraph 1(2);
- direction
means a direction under section 35B(1).
- Diversion
means a lateral diversion of a length of a pipe-line (whether or not that pipe-line has been constructed) where the diversion is beyond the permitted limits.
- 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);
- electricity storage facility
means a facility which generates electricity from energy that— (a) was converted from electricity by that facility, and (b) is stored within that facility for the purpose of its future reconversion into electricity;
- electronic communications apparatus
has the meaning given in paragraph 5 of the electronic communications code;
- electronic communications code
means the code set out in Schedule 3A to the Communications Act 2003;
- enforcement action
means action taken under regulations under section 218, including—
- English marine region
means—
- English waters
means waters adjacent to England up to the seaward limits of the territorial sea;
- European site
has the same meaning as in the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);
- examiner
means examiner under section 212.
- excluded development
has the meaning given by paragraph 1(2);
- exempt electricity storage facility
means an electricity storage facility which is not a pumped hydroelectric storage facility;
- existing line
means an electric line which— (a) has been installed or is kept installed above ground in accordance with a consent granted under section 37(1) of the Electricity Act 1989 or an order granting development consent;
- existing national policy statement
means a national policy statement which is designated under section 5 before the coming into force of this Schedule.
- extended period
means the period of 4 years beginning with—
- flooding operations
has the meaning given by section 61(1) of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46);
- full review
means a single review relating to all of a national policy statement.
- gas
includes natural gas;
- Gas reception facility
means a facility for—
- Gas supplier
has the same meaning as in Part 1 of the Gas Act 1986 (c. 44) (see section 7A(11) of that Act).
- 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);
- goods train
means a train that (ignoring any locomotive) consists of items of rolling stock designed to carry goods;
- Green Belt land
has the meaning given by section 2(1) of the Green Belt (London and Home Counties) Act 1938 (c. xciii);
- hearing
means—
- 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);
- infrastructure
includes—
- inland waters
has the same meaning as in the Water Resources Act 1991 (c. 57) (see section 221(1) of that Act);
- inter-tidal location
means a location that—
- irreplaceable habitat
has the meaning given in regulations under paragraph 18 of Schedule 7A to the Town and Country Planning Act 1990;
- Land
includes any interest in or right over land.
- 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, given or supplied by means of a notice or document in printed form.
- legislation
means an Act or an instrument made under an Act;
- listed building
has the meaning given by section 1(5) of the Listed Buildings Act;
- local authority
means—
- local development order
has the meaning given in section 61A of TCPA 1990;
- local highway authority
has the meaning given by section 329(1) of the Highways Act 1980;
- local highway works
means works carried out by or on behalf of a local highway authority in relation to a highway for which it is the highway authority (and the local highway authority is referred to in this section as “responsible” for those works);
- local planning authority
has the same meaning as in TCPA 1990 (see section 336(1) of that Act);
- lower-tier district council
means a district council in England for an area for which there is a county council;
- Material operation
means any operation except an operation of a prescribed description.
- Maximum flow rate
means the maximum rate at which gas is able to flow out of the facility.
- Mayoral development order
has the meaning given in section 61DA of TCPA 1990;
- military establishment
means an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.
- monument
has the same meaning as in the Ancient Monuments and Archaeological Areas Act 1979 (c. 46) (see section 61 of that Act);
- motor vehicle
has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exceptions: certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road Traffic Acts;
- motorway
means a highway which is a special road in accordance with section 16 of the Highways Act 1980. • “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.
- national policy statement
has the meaning given by section 5(2);
- nationally significant infrastructure project
has the meaning given by Part 3;
- 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);
- network
has the meaning given by section 83(1) of the Railways Act 1993 (c. 43);
- non-navigable watercourse
means a watercourse that is not a navigable watercourse;
- offsite habitat
means habitat on other land;
- 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 same meaning as in the TCPA 1990;
- operator of an electronic communications code network
has the meaning given in paragraph 1(1) of Schedule 17 to the Communications Act 2003;
- permitted
means permitted by planning permission or development consent.
- permitted development
means development in relation to which planning permission is granted by article 3 of the Town and Country Planning (General Permitted Development) Order 1995;
- petroleum products
has the meaning given by section 21 of the Energy Act 1976 (c. 76);
- pipe-line
has the meaning given by section 65 of the Pipe-lines Act 1962 (c. 58);
- planning permission
means permission under Part 3 or, in relation to England, Part 13 of TCPA 1990;
- premises
includes any land, building or structure;
- 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);
- procedural decision
means a decision about how the application is to be examined.
- procedural power
means any power conferred on the Panel for the purposes of its examination of the application.
- public authority
means any person certain of whose functions are of a public nature.
- pumped hydroelectric storage facility
means an electricity storage facility that stores the gravitational potential energy of water that has been pumped to a higher level so that its return to a lower level can be used to generate electricity.
- qualifying person
means— (a) a person who proposes to carry out any of the development to which the request relates;
- qualifying request
means a written request, for a direction under section 35(1) or subsection (3) of this section, that— (a) specifies the development to which it relates, and (b) explains why the conditions in section 35(2)(a) and (b) are met in relation to the development;
- radioactive waste
has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (see paragraph 3(1) of Part 2 of Schedule 23 to those regulations).
- 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);
- railway undertaker
has the same meaning as in Part 17 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995;
- registered offsite biodiversity gain
has the meaning given by paragraph 10 of Schedule 7A to the Town and Country Planning Act 1990.
- Registered rights of common
means rights of common registered under—
- relevant 4-year period
means—
- Relevant apparatus
means—
- relevant application
means— a in the case of trees in England or Wales, an application under tree preservation regulations for consent under the regulations;
- relevant assimilated law
means— (a) any right, power, obligation, liability or restriction that— (a) was created or arose by or under the EU Treaties before exit day, and (b) forms part of assimilated law, and (b) any remedy or procedure that— (a) was provided for by or under the EU Treaties before exit day, and (b) forms part of assimilated law, as modified from time to time. • “the Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42).
- relevant claim
means—
- relevant consent
means— a in the case of trees in England or Wales, consent under tree preservation regulations;
- relevant failure to comply
means— a in a case where the Minister's consent to the carrying out of controlled operations has been obtained under section 5, a failure to comply with any conditions subject to which the Minister's consent was granted;
- Relevant public authority
means a public authority within any of paragraphs (a) to (c) of section 56(2), except—
- Relevant right
means a right of way, or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, which—
- relevant service
means any advice, information or other assistance (including a response to a consultation) provided in connection with—
- 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;
- replacement land
means land which will be adequate to compensate the following persons for the disadvantages which result from the compulsory acquisition of the order right— (a) the persons in whom the order land is vested, (b) the persons, if any, entitled to rights of common or other rights over the order land, and (c) the public.
- representation
includes evidence, and references to the making of a representation include the giving of evidence.
- representations
includes evidence.
- reserved trust port
has the meaning given in section 32 of the Wales Act 2017;
- river basin
means an area of land drained by a river and its tributaries;
- ro-ro ship
means a ship which is used for carrying wheeled cargo;
- road
has the meaning given in section 142(1) of the Road Traffic Regulation Act 1984.
- scheduled monument
has the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46);
- section 33 consent
means a consent, authorisation, order, notice or scheme mentioned in section 33(1), (2) or (4).
- simplified planning zone scheme
has the same meaning as in TCPA 1990 (see section 82 of that Act).
- sitting day
means a day on which the House of Commons sits.
- 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;
- SSSI
means a site of special scientific interest notified under sections 28 to 28D of the Wildlife and Countryside Act 1981.
- statutory party
means a person specified in, or of a description specified in, regulations made by the Secretary of State.
- statutory provision
means a provision of an Act or of an instrument made under an Act.
- 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 who are, or who are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of TCPA 1990.
- storage capacity
means the capacity of the facility for storage of liquid natural gas.
- strategic highways company
means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.
- Street vote development
means development of land for which planning permission is granted by a street vote development order made under section 61QA of TCPA 1990.
- TEU
means a twenty-foot equivalent unit;
- the applicant
means the person who made the application to which the decision relates;
- the appropriate authority
means— a the Secretary of State in relation to England;
- the appropriate enactment
means the order granting development consent. 7B In relation to land falling within paragraph 17 of that Schedule by virtue of paragraph 17(2)(c), “the appropriate enactment” means an order in the terms of the order applied for. 7C In relation to land falling within paragraph 18 of that Schedule, “the appropriate enactment” means section 116A.”
- the appropriate Minister
means— (a) in the case of land in Wales held by water or sewerage undertakers, the Welsh Ministers, and (b) in any other case, the Secretary of State;
- the appropriate national authority
means— a the Secretary of State in relation to England;
- the Convention rights
has the same meaning as in the Human Rights Act 1998 (c. 42).
- the court
means the High Court or the county court.
- the Crown
includes—
- the drafting requirements
means the requirements of this Part and CIL regulations (including the requirements to have regard to the matters listed in section 211(2) and (4)), so far as relevant to the drafting of the schedule.
- the Examining authority
means the Panel.
- the Hazardous Substances Act
means the Planning (Hazardous Substances) Act 1990 (c. 10);
- the land
means the land to which the proposed application relates or any part of that land;
- the laying requirement
means—
- the lead member
means the person who for the time being is appointed to chair the Panel.
- the Listed Buildings Act
means the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9);
- the maximum term for summary offences
means—
- the National Trust
means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 (c. cxxxvi).
- the order land
means— (a) in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, the land over which the right is to be exercisable;
- the order right
means the right authorised to be compulsorily acquired;
- The original decision
means the decision to—
- the primary deadline
means the end of the period of 28 days beginning with the day on which the Secretary of State receives the qualifying request;
- the proposal
means—
- the proposed application
means the proposed application mentioned in subsection (1);
- the proposed development
means the development for which the proposed application (if made) would seek development consent.
- the prospective purchaser
means— (a) in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, the person for whose benefit the order authorises the creation of the right;
- the prospective seller
means the person or persons in whom the order land is vested;
- the relevant date
means the date on which section 6(5A) comes into force.
- the single appointed person
means the person who is appointed to handle the application under this Chapter.
- tipping operations
has the meaning given by section 61(1) of that Act.
- Transport system
means any of the following—
- tree
means a tree in respect of which a tree preservation order is in force. 202D 1 This section applies if tree preservation regulations make provision under section 202C(4). 2 Tree preservation regulations may make provision— a about who may give consent;
- tree preservation order
means an order made under, or an order having effect as if made under, section 198(1) of TCPA 1990.
- tree preservation regulations
means regulations under subsection (1). 5 In subsection (1) “the appropriate national authority”— a in relation to England means the Secretary of State, and b in relation to Wales means the Welsh Ministers. 6 Section 333(3) does not apply in relation to tree preservation regulations made by the Welsh Ministers. 7 Tree preservation regulations made by the Welsh Ministers are subject to annulment in pursuance of a resolution of the National Assembly for Wales. 202B 1 Tree preservation regulations may make provision about— a the form of tree preservation orders;
- 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
means facilities for the storage of gas underground in cavities or in porous strata.
- unitary council
means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;
- upper-tier county council
means a county council in England for each part of whose area there is a district council.
- use
has the meaning given by section 336(1) of TCPA 1990.
- Waste water
includes domestic waste water, industrial waste water and urban waste water.
- Water undertaker
means a company appointed as a water undertaker under the Water Industry Act 1991 (c. 56).
- Welsh zone
has the meaning given in section 158 of the Government of Wales Act 2006.
- wholly-owned subsidiary
has the same meaning as in the Companies Act 2006 (c. 46) (see section 1159 of that Act).