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Regulation 6 Meaning of “development”I1C1C2C3C4C5C6C7

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1(1)

The following works are not to be treated as development for the purposes of section 208 of PA 2008 (liability)—

(a)

anything done by way of, or for the purpose of, the creation of a building of a kind mentioned in paragraph (2);

(b)

the carrying out of any work to, or in respect of, an existing building if, after the carrying out of that work, it is still a building of a kind mentioned in paragraph (2);

(c)

the carrying out of any work to, or in respect of, an existing building for which planning permission is required only because of provision made under section 55(2A) of TCPA 1990; and

(d)

the change of use of any building previously used as a single dwellinghouse to use as two or more separate dwellinghouses.

(2)

The kinds of buildings mentioned in paragraph (1)(a) and (b) are—

(a)

a building into which people do not normally go;

(b)

a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

Annotations

Textual amendments

F1

Reg. 6(1) substituted (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 4(1)

Modifications

C1

Reg. 6 modified (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024 (S.I. 2024/393), arts. 1, 10(1) (with art. 44, Sch. 15)

C2

Reg. 6 modified (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), arts. 1, 9 (with art. 40, Sch. 14)

C3

Reg. 6 modified (3.8.2024) by The Gate Burton Energy Park Order 2024 (S.I. 2024/807), arts. 1, 6(3) (with art. 45, Sch. 14)

C4

Reg. 6 modified (5.11.2025) by The Tillbridge Solar Order 2025 (S.I. 2025/1105), arts. 1, 6(5) (with art. 49, Sch. 15)

C5

Reg. 6 modified (23.7.2026) by The Peartree Hill Solar Farm Order 2026 (S.I. 2026/869), arts. 1, 8(3) (with art. 37, Sch. 11)

C6

Reg. 6 modified (30.7.2026) by The One Earth Solar Farm Order 2026 (S.I. 2026/934), arts. 1, 6(4) (with art. 47)

C7

Reg. 6 modified (14.9.2026) by The Beacon Fen Energy Park Order 2026 (S.I. 2026/1025), arts. 1, 8(5) (with art. 39, Sch. 11 para. 131)

Commencement

I1

Reg. 6 in force at 6.4.2010, see reg. 1