Statutory definition of “Development” (Core principles of planning law)- FS Flashcards
(10 cards)
Definition OF Development (T&CPA 1990, s.55)
“Development” means the carrying out of building, engineering, mining or other operations in, on, over or under land, or any material change in the use of any buildings or other land
What statutory provision defines development for planning purposes?
Section 55 of the Town and Country Planning Act 1990 provides the statutory definition of development.
What statutory provision establishes the general requirement for planning permission?
Section 57 of the Town and Country Planning Act 1990 states that planning permission is required for any development of land.
Two Categories of Development under s.55 T&CPA 1990?
- BEMO operations – Building, Engineering, Mining, or Other operations
- Material change of use – Any significant change in how land or buildings are used
What is the acronym BEMO, and why is it important?
BEMO stands for Building, Engineering, Mining, or Other operations, and it helps identify physical acts that fall within the statutory definition of development under s.55.
Does mining require planning permission under the Town and Country Planning Act?
Yes. Mining is explicitly listed in s.55 as a type of development, and planning permission is required even if mineral rights exist.
What triggers the need for planning permission under s.57 T&CPA 1990?
Any act that constitutes development under s.55, including BEMO operations or a material change of use, triggers the need for planning permission.
Can ownership of mineral rights or existing legal reservations negate the requirement for planning permission?
No. Legal ownership or mineral rights do not remove the need to obtain planning permission if the activity falls within the definition of development under s.55.
Does all building work require planning permission under UK law?
No. Only work that qualifies as development under s.55 T&CPA 1990 requires planning permission. Minor works may fall outside the statutory definition or be exempt under permitted development rights.
General Permitted Development Order 2015 (GPDO)
A statutory instrument that grants automatic planning permission for specified types of development (e.g., minor home extensions), meaning no formal planning application is needed unless conditions apply.
