Control of development
Pursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying out of any development of land’.
‘Land’ is defined in TCPA 1990, s 336(1) as ‘any corporeal hereditament including a building’. The court has held that the geographical scope of planning control under TCPA 1990 in coastal areas extends to the mean low water mark only, so that the sea bed beyond the low water mark is not subject to planning control.
‘Development’ is defined in TCPA 1990, s 55(1) as:
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the carrying out of building, engineering, mining or other operations in, on, over or under land, or
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the making of any material change in the use of any buildings or other land
TCPA 1990 therefore controls two distinct types of development: operational development and material changes of use. This Practice Note deals with operational development. For information on material changes of use, see Practice Note: Planning—material change of use.
It is worth noting at the outset that TCPA 1990, s 55 expressly provides
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