281. (1) Subject to this Act, permission shall be required for development (other than exempted development) to which this Chapter applies, and accordingly a person shall not carry out any such development except under and in accordance with a permission granted under section 34.

(2) Subject to section 283, a person shall not be eligible to make an application for permission to carry out development to which this Chapter applies, unless that person—

(a) is the holder of—

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or

(ii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,

(b) is the owner of land F1200[in the maritime area] on which it is proposed to carry out the development concerned,

(c) is the lessee under a lease—

(i) made under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, and

(ii) that contains a covenant, condition or agreement, to which subsection (4) of the said section 2 applies, requiring the lessee to carry out, on that maritime site, the proposed development concerned, or

(d) makes the application with the consent, or on behalf, of the owner of land F1200[in the maritime area] on which it is proposed to carry out the development concerned.

(3) An application for permission to carry out development to which this Chapter applies shall be made, under and in accordance with section 34, to the coastal planning authority within whose functional area that part of the nearshore area in which it is proposed to carry out the development is situated.]