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29.The underlying cause of action in a claim brought under s187B is a breach of planning control.
30.The Town and Country Planning Act 1990 at section 55(1) defines development as:
“… the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
31. Section 55(3) of the Town and Country Planning Act 1990 provides:
“For the avoidance of doubt it is hereby declared that for the purposes of this section—
(b) the deposit of refuse or waste materials on land involves a material change in its use, notwithstanding that the land is comprised in a site already used for that purpose, if—
(i) the superficial area of the deposit is extended, or
(ii) the height of the deposit is extended and exceeds the level of the land adjoining the site.”
32.Planning permission is required by the Town and Country Planning Act 1990 s57(1)), for the carrying out of any development of land, as defined as set out above in the Town and Country Planning Act 1990 s55(1) and s55(3)(b). Planning permission may be obtained by way of express grant, or by way of deemed grant through permitted development rights. Carrying out development without the required planning permission constitutes a breach of planning control (Town and country Planning Act 1990 s171A (1)).
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