Legislation – Planning and Infrastructure Act 2025

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Part 3Development and nature recovery

Supplementary

99Interpretation

In this Part—

“condition of development” means—

(a)

a condition, limitation or other restriction that may be imposed on a grant of planning permission under Part 3 of the Town and Country Planning Act 1990,

(b)

a requirement that may be included in an order granting development consent under the Planning Act 2008 (see section 120(1) and (2) of that Act),

(c)

a condition that may be attached to the grant of listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990,

(d)

a condition that may be attached to a marine licence under section 71(1)(b) of the Marine and Coastal Access Act 2009, or

(e)

a condition that may be attached to a harbour revision order under section 14 of the Harbours Act 1964 or a harbour empowerment order under section 16 of that Act;

“conservation measure” has the meaning given in section 61(3);

“development” has the same meaning as in the Town and Country Planning Act 1990 (see section 55 of that Act), but also includes—

(a)

development within the meaning of the Planning Act 2008 (see section 32 of that Act),

(b)

works required to be authorised under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990, and

(c)

licensable marine activities, within the meaning of Part 4 of the Marine and Coastal Access Act 2009 (see section 66 of that Act);

“development area” has the meaning given in section 60(1);

“EDP” means an environmental delivery plan;

“EDP start date” and “EDP end date” have the meanings given in section 60(7);

“environmental delivery plan” has the meaning given in section 59(1);

“environmental impact” has the meaning given in section 61(1);

“European site” has the same meaning as in the Habitats Regulations 2017 (see regulation 8);

“the Habitats Regulations 2017” means the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);

“identified environmental feature” means an environmental feature identified in an EDP in accordance with section 61(1);

“local planning authority” has the same meaning as in the Town and Country Planning Act 1990 (see Part 1 of that Act);

“marine conservation zone” means an area designated as such under section 116 of the Marine and Coastal Access Act 2009;

“nature restoration levy regulations” has the meaning given in section 73;

“overall improvement test” means the test set out in section 65(4);

“protected site” means—

(a)

a European site,

(b)

an SSSI,

(c)

a Ramsar site, or

(d)

a marine conservation zone,

and “protected feature”, in relation to a protected site, means any habitat or species, or assemblage of habitats or species, or any feature of geological, geomorphological or physiographical interest by reason of which the site is a protected site;

“protected species” means a species of animal or plant that is—

(a)

listed in Schedule 2, 4 or 5 of the Habitats Regulations 2017, or

(b)

protected by—

(i)
Part 1 of the Wildlife and Countryside Act 1981, or
(ii)
the Protection of Badgers Act 1992;

“public authority” means a person who exercises functions of a public nature;

“Ramsar Convention” means the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2 February 1971, as amended by—

(a)

the Protocol known as the Paris Protocol done at Paris on 3 December 1982, and

(b)

the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28 May and 3 June 1987;

but if that Convention is further amended after the passing of this Act, the references to the Ramsar Convention in this Part are to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision);

“Ramsar site” means a site that has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article;

“SSSI” means a site of special scientific interest within the meaning of Part 2 of the Wildlife and Countryside Act 1981;

“working day” means any day other than—

(a)

Saturday or Sunday,

(b)

Christmas Day or Good Friday, or

(c)

a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.