Section 209: Liability: interpretation of key terms, Planning Act 2008

In section 208 "development" means—

anything done by way of or for the purpose of the creation of a new building, or

anything done to or in respect of an existing building.

CIL regulations may provide for—

works or changes in use of a specified kind not to be treated as development;

the creation of, or anything done to or in respect of, a structure of a specified kind to be treated as development.

CIL regulations must include provision for determining when development is treated as commencing.

Regulations under subsection (3) may, in particular, provide for development to be treated as commencing when some specified activity or event is undertaken or occurs, where the activity or event—

is not development within the meaning of subsection (1), but

has a specified kind of connection with a development within the meaning of that subsection.

CIL regulations must define planning permission (which may include planning permission within the meaning of TCPA 1990 and any other kind of permission or consent (however called, and whether general or specific)).

CIL regulations must include provision for determining the time at which planning permission is treated as first permitting development; and the regulations may, in particular, make provision—

about outline planning permission;

for permission to be treated as having been given at a particular time in the case of general consents.

For the purposes of section 208—

"owner" of land means a person who owns an interest in the land, and

"developer" means a person who is wholly or partly responsible for carrying out a development.

CIL regulations may make provision for a person to be or not to be treated as an owner or developer of land in specified circumstances.

Section 209: Liability: interpretation of key terms

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