Gwent Wildlife Trust
 Responding to Planning Applications 

What is Development ?


The Town and Country Planning Act (TCPA) defines development as:

"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."

The TCPA definition contains 2 distinct elements:

  • Operations.  New developments

  • Change of use to existing buildings.

If a proposal involves development as defined above it will require planning permission.

Development excludes:

  • The use of any land for purposes of agriculture or forestry.

  • Alterations / maintenance which only affects the interior of buildings or does not materially affect the outside.

  • Local Highway Authority works within the boundary of a road.

  • Statutory undertakers performing inspection/repair of sewers, water-mains, electricity etc.

 

Other Activities Not Requiring Planning Consent

 

The TCPA identifies a number of matters that would normally constitute development but for which no planning permission is required.

These include:

  • Activities that were being undertaken on 1st July 1948. For example: mining or extraction industries where licenses are still operating.

  • Development on Crown land.  This is land owned by the Queen, the Duchy of Cornwall, government departments (MOD land) etc.

Here, development may continue indefinitely without planning permission.


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