The Town and Country Planning General Development Order 1988

means a surface access to underground workings which is in normal and regular use for the transportation of minerals, materials, spoil or men;

means an aerodrome as defined in article 96 of the Air Navigation Order 1985 which is— (a) licensed under that order, (b) a Government aerodrome, (c) one at which the manufacture, repair or maintenance of aircraft is carried out by a person carrying on business as a manufacturer or repairer of aircraft, (d) one used by aircraft engaged in the public transport of passengers or cargo or aerial work, or (e) one identified to the Civil Aviation Authority before 1st March 1986 for inclusion in the UK Aerodrome Index, and for the purposes of this definition, the terms “aerial work”, “Government aerodrome” and “public transport” have the meanings given in article 96;

means land which, before development permitted by this Part is carried out, is land in use for agriculture and which is so used for the purposes of a trade or business, and excludes any dwellinghouse or garden.

means an enclosed area of open land, or any part of a seaside pier, which is principally used (other than by way of a temporary use) as a funfair or otherwise for the purposes of providing public entertainment by means of mechanical amusements and side-shows;

means land adjacent to and occupied together with a mine at which the winning and working of minerals is carried out in pursuance of planning permission granted or deemed to be granted under Part III of the Act;

means—

means the nature of the development, the exact location of the mineral-working deposit from which the material would be removed, the proposed means of vehicular access to the site at which the development is to be carried out, and the earliest date at which any mineral presently contained in the deposit was deposited on the land;

means—

means an area designated as such by an order made by the Countryside Commission under section 87 of the National Parks and Access to the Countryside Act 1949 as confirmed by the Secretary of State;

includes buildings or structures similar to booths or stalls.

means any building or monument in the guardianship of the Historic Buildings and Monuments Commission for England or owned, controlled or managed by them.

has the same meaning as for the purposes of Part I of the 1960 Act;

means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed;

means a highway or proposed highway which— (a) is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980;

means coal other than that won or worked by virtue of section 36(1) of the Coal Industry Nationalisation Act 1946.

means such activities as defined in section 63 of the Coal Industry Nationalisation Act 1946;

means minerals other than coal referred to in paragraph 1(2) of Schedule 1 to the Coal Industry Nationalisation Act 1946.

has the meaning it is given in paragraph 2 of Schedule 1 to the Coal Industry Nationalisation Act 1946.

includes the excavation of land and the winning and working of minerals for that purpose;

means a use of land begun in contravention of Part III of the Town and Country Planning Act 1947 or Part III of the Town and Country Planning Act 1962;

means the cubic content of a structure or building measured externally;

means development carried out by an operator in pursuance of a right conferred on that operator under the telecommunications code, and in accordance with any conditions relating to the application of that code imposed by the terms of his licence;

means a drainage body within the meaning of the Land Drainage Act 1976 which is not a water authority.

means a pond, tank, reservoir, stew or other structure used for the keeping of live fish or the cultivation or propagation of shellfish;

means a separate and self-contained set of premises constructed for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;

means the total floor space in a building or buildings;

means the level of the surface of the ground immediately adjacent to the building or plant or machinery in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.

means the manufacture, processing, keeping or use of a hazardous substance in circumstances which will result in there being at any one time a notifiable quantity of a hazardous substance in, on, over or under the land on which the development is carried out or the site which comprises that land, • “notified site” means a site in respect of which notification has been given to the Health and Safety Executive in pursuance of the requirements of the Notification Regulations, and • “site” means the whole of the area of land within a single unit of occupation.

means land used for the carrying out of an industrial process, including land used for the purposes of an industrial undertaking as a dock, harbour or quay, but does not include land in or adjacent to and occupied together with a mine.

means a process for or incidental to any of the following purposes— (a) the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);

means land occupied by the operator in right of a freehold interest or a leasehold interest under a lease granted for a term of not less than 10 years;

has the meaning it has in the Land Drainage Act 1976;

means the treatment of land (other than buildings) being the site or part of the site in respect of which an outline planning permission is granted, for the purpose of enhancing or protecting the amenities of the site and the area in which it is situated and includes screening by fences, walls or other means, the planting of trees, hedges, shrubs or grass, the formation of banks, terraces or other earthworks, the laying out of gardens or courts, and the provision of other amenity features;

includes a parish or community council;

means that part of the radio spectrum above 1000 MHz;

means a satellite antenna or a terrestrial microwave antenna;

means any site on which mining operations are carried out;

means ascertaining the presence, extent or quality of any deposit of a mineral with a view to exploiting that mineral;

includes coal won or worked by virtue of section 36(1) of the Coal Industry Nationalisation Act 1946, but not any other coal;

means the winning and working of minerals in, on or under land, whether by surface or underground working;

means a pipeline (as that term is defined in section 65 of the Pipelines Act 1962) which contains or is intended to contain a hazardous substance, but does not include a pipeline which has been authorised under section 1 of the Pipelines Act 1962, or a pipeline which contains, or is intended to contain, no hazardous substance other than— (a) a flammable gas (as specified in item 1 of Part II of Schedule 1 to the Notification Regulations) at a pressure of less than 8 bars absolute;

means the Notification of Installations Handling Hazardous Substances Regulations 1982;

means a site in respect of which notification has been given to the Health and Safety Executive in pursuance of the requirements of the Notification Regulations, and • “site” means the whole of the area of land within a single unit of occupation.

means a building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at a relevant airport;

means, in relation to a building existing on 1st July 1948, as existing on that date and, in relation to a building built on or after 1st July 1948, as so built;

means a planning permission for the erection of a building, which is granted subject to a condition requiring the subsequent approval of the local planning authority with respect to one or more reserved matters;

includes any application of colour.

includes any structure or erection in the nature of plant or machinery;

means prior written approval of that authority of detailed proposals for the siting, design and external appearance of the proposed building, plant or machinery or structure or erection as erected, installed, extended or altered.

means a highway not maintainable at the public expense and any other way other than a highway;

has the meaning assigned to that term by section 329 of the Highways Act 1980;

means a public service vehicle or tramcar within the meaning of the Public Passenger Vehicles Act 1981 or a trolley vehicle within the meaning of section 196(1) of the Road Transport Act 1972;

includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.

means such a business registered in a register kept by the Minister of Agriculture Fisheries and Food or the Secretary of State (as the case may be) for the purposes of an order made under section 7 of the Diseases of Fish Act 1983.

means an airport to which Part V of the Airports Act 1986 applies;

means a relevant airport operator within the meaning of section 57 of the Airports Act 1986.

means the period elapsing— (a) where a direction is not issued under article 6, 28 days after the notification referred to in paragraph B.1(b) or, if earlier, on the date on which the mineral planning authority notify the developer in writing that they will not issue such a direction, or (b) where a direction is issued under article 6, 28 days from the date on which notice of that decision is sent to the Secretary of State, or, if earlier, the date on which the mineral planning authority notify the developer that the Secretary of State has disallowed the direction;

means a scheme, other than a waste management scheme, requiring approval by the mineral planning authority in accordance with a condition or limitation on any planning permission granted or deemed to be granted under Part III of the Act, for making provision for the manner in which the deposit of waste is to be carried out and for the carrying out of other activities in relation to that deposit.

means the dwellinghouse as enlarged, improved or altered, taking into account any enlargement, improvement or alteration to the original dwellinghouse, whether permitted by this Part or not.

means apparatus designed for transmitting microwave radio energy to satellites or receiving it from them, and includes any mountings or brackets attached to such apparatus;

means the whole of the area of land within a single unit of occupation.

means land which is included in the schedule of monuments compiled by the Secretary of State under section 1 of the Ancient Monuments and Archaeological Areas Act 1979, or is within an area of land which is designated as an area of archaeological importance under section 33 of that Act, or which is within a site registered in any record kept by a county council and known as the County Sites and Monuments Record;

means land to which section 28(1) of the Wildlife and Countryside Act 1981 applies;

means a pipe or system of pipes (together with any pumps or other machinery or apparatus associated therewith) for the conveyance of the residue of water or sewage treated in a water or sewage treatment works as the case may be, including final effluent or the products of the dewatering or incineration of such residue, or partly for any of those purposes and partly for the conveyance of trade effluent or the residue thereof;

means animal faeces and urine (whether or not water has been added for handling);

means a highway or proposed highway which is a special road in accordance with section 16 of the Highways Act 1980;

includes, in addition to any person mentioned in section 290(1) of the Act, the Post Office and the Civil Aviation Authority and public gas suppliers within the meaning of section 7 of the Gas Act 1986;

means a mineral-working deposit consisting primarily of minerals which have been deposited for the purposes of their processing or sale.

means a building, plant or machinery or other structure.

has the meaning assigned to that term by section 4(1) of the 1984 Act.

means any apparatus falling within the definition of that term in paragraph 1 of Schedule 2 to the 1984 Act;

means a person who has been granted a licence under section 7 of the 1984 Act which applies the telecommunications code to him in pursuance of section 10 of that Act;

means a dwellinghouse situated in a row of three or more dwellinghouses used or designed for use as single dwellings, where— (a) it shares a party wall with, or has a main wall adjoining the main wall of, the dwellinghouse on either side;

means apparatus designed for transmitting or receiving terrestrial microwave radio energy between two fixed points;

means the Caravan Sites and Control of Development Act 1960;

means the Town and Country Planning (Minerals) Act 1981;

means the Town and Country Planning Act 1971;

means the Common Council of the City of London;

means—

means prior written approval of that authority of detailed proposals for the siting, design and external appearance of the proposed building, plant or machinery as erected, installed, extended or altered;

includes fertilising land used for the purposes of agriculture, and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used.

means—

means the code contained in Schedule 2 to the 1984 Act;

means the Town and Country Planning (Use Classes) Order 1987;

means section 14(1)(d) of the Transport Act 1962 or section 10(1)(x) of the Transport Act 1968;

means a highway or proposed highway which is a trunk road by virtue of sections 10(1) or 19 of the Highways Act 1980 or any other enactment or any instrument made under any enactment;

means a street as defined by the Public Health Act 1936 not being a highway maintainable at the public expense;

has the same meaning as in Part XVI of the Local Government, Planning and Land Act 1980;

means a building used for any purpose within Class B8 (storage or distribution) of the Schedule to the Use Classes Order.

means—

means a scheme required by the mineral planning authority to be submitted for their approval in accordance with the condition in paragraph A.2(a) which makes provision for— (a) the manner in which the depositing of waste (other than waste deposited on a site for use for filling any mineral excavation in the mine or on ancillary mining land in order to comply with the terms of any planning permission granted on an application or deemed to be granted under Part III of that Act) is to be carried out after the date of the approval of that scheme, (b) where appropriate, the stripping and storage of the subsoil and topsoil, (c) the restoration and aftercare of the site.

includes a development corporation authorised under section 34 of the New Town Act 1981 to exercise powers relating to sewerage or sewage disposal.