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What does Controls mean? In practice, controls are the user-facing settings (eg a cookie banner, preference centre or consent management platform) that let individuals accept, reject or later withdraw consent to cookies and similar tracking technologies. The term is descriptive rather than defined in statute, but requirements flow from PECR (UK) and the ePrivacy Regulations 2011 (Ireland), read with the UK GDPR/GDPR standard for consent and regulator guidance (ICO, DPC, EDPB). Key features: - No non-essential cookies before consent; essential cookies only for a service the user requests. - Granular choices by purpose/vendor, with “accept all” and “reject all” presented with equal prominence; no...

Operational Development under TCPA 1990: Scope, Exclusions, Case Law and Distinction from Material Change of Use (England and Wales)

Published by a LexisNexis Planning expert

Practice notes

Control of development

Pursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is needed for the carrying out of any development of land. Under the TCPA 1990, section 336(1), “land” means any corporeal hereditament, including a building. The courts have determined that, in coastal locations, the ambit of planning control under the TCPA 1990 reaches only to the mean low-water mark, so the sea bed beyond that line is outside planning control and thus not regulated. “Development” is defined in TCPA 1990, s 55(1) as:

the execution of building, engineering, mining or other operations in, on, over or beneath land, or
the undertaking of any material change in the use of any buildings or other land

Accordingly, the TCPA 1990 regulates two separate categories of development: operational development and material changes of use in planning law. This Practice Note addresses the operational development only. For information on material changes of use, see the Practice Note: Material change of use...

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Web page updated on 21/05/2026

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