105 Decisions in cases where no national policy statement has effect
(1) This section applies in relation to an application for an order granting development consent if section 104 does not apply in relation to the application.
(2) In deciding the application the Secretary of State must have regard to—
(a) any local impact report (within the meaning given by section 60(3)) submitted to the Secretary of State before the deadline specified in a notice under section 60(2),
(b) any matters prescribed in relation to development of the description to which the application relates, and
(c) any other matters which the Secretary of State thinks are both important and relevant to the Secretary of State's decision.
(3) Where there is a biodiversity gain statement under Schedule 2A in relation to development of the description to which the application relates, the Secretary of State may not grant the application unless satisfied that the biodiversity gain objective contained in the statement is met in relation to the development to which the application relates.
(4) Subsection (3) does not apply to the extent that the Secretary of State is satisfied that deciding the application in accordance with that subsection would have an effect referred to in section 104(4), (5), (6) or (7).
106 Matters that may be disregarded when deciding application
(1) In deciding an application for an order granting development consent, the Secretary of State may disregard representations if the Secretary of State considers that the representations—
(a) are vexatious or frivolous,
(b) relate to the merits of policy set out in a national policy statement, or
(c) relate to compensation for compulsory acquisition of land or of an interest in or right over land.
(2) In this section “representation” includes evidence.
(1) The Secretary of State is under a duty to decide an application for an order granting development consent by the end of the period of 3 months beginning with—
(a) the deadline under section 98(3), or
(b) (if earlier) the end of the day on which the Secretary of State receives a report on the application under section 74(2)(b) or 83(1)(b).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The Secretary of State may set a date for the deadline under subsection (1) that is later than the date for the time being set.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The power under subsection (3) may be exercised—
(a) more than once in relation to the same deadline;
(b) after the date for the time being set for the deadline.
(6) Subsection (7) applies where the power under subsection (3) is exercised.
(7) The Secretary of State exercising the power must make a statement, to the House of Parliament of which that Secretary of State is a member, announcing the new deadline.
(8) A statement under subsection (7) must be published in such form and manner as the Secretary of State considers appropriate.
(8A) A statement under subsection (7) may be written or oral.
108 Suspension during review of national policy statement
(1) This section applies where—
(a) an application is made for an order granting development consent for development of a description in relation to which a national policy statement has effect, and
(b) the Secretary of State thinks that, as a result of a change in circumstances since the national policy statement was first published or (if later) the statement or any part of it was last reviewed, all or part of the statement should be reviewed before the application is decided.
(2) The Secretary of State may direct that, until the review has been completed and the Secretary of State has complied with section 6(5) in relation to the review, examination of the application by a Panel under Chapter 2, or a single appointed person under Chapter 3, is suspended (if not already completed).
(1) When the Secretary of State has decided an application for an order granting development consent, the Secretary of State must either—
(a) make an order granting development consent, or
(b) refuse development consent.
(2) The Secretary of State may by regulations make provision regulating the procedure to be followed if the Secretary of State proposes to make an order granting development consent on terms which are materially different from those proposed in the application.
115 Development for which development consent may be granted
(1) Development consent may be granted for development which is—
(a) development for which development consent is required, or
(b) associated development, or
(c) related housing development.
(2) “Associated development” means development which—
(a) is associated with the development within subsection (1)(a) (or any part of it),
(b) does not consist of or include the construction or extension of one or more dwellings, and
, or
(c) is within subsection (3) , (4) or (4A).
(3) Development is within this subsection if it is to be carried out wholly in one or more of the following areas—
(a) England;
(b) waters adjacent to England up to the seaward limits of the territorial sea;
(c) in the case of development in the field of energy, a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.
(4) Development is within this subsection if—
(a) it is to be carried out wholly in Wales,
(b) it is the carrying out or construction of surface works, boreholes or pipes, and
(c) the development within subsection (1)(a) with which it is associated is development within section 17(3).
(4A) Development is within this subsection if the development within subsection (1)(a) with which it is associated is—
(a) the construction or extension of a generating station that is or (when constructed or extended) is expected to be within section 15(3A) or (3B), or
(b) the installation of an electric line that is or (when installed) is expected to be within section 14(1)(b).
(4B) Related housing development” means development which—
(a) consists of or includes the construction or extension of one or more dwellings,
(b) is on the same site as, or is next to or close to, any part of the development within subsection (1)(a), or is otherwise associated with that development (or any part of it),
(c) is to be carried out wholly in England, and
(d) meets the condition in subsection (4C).
(4C) Development meets the condition in this subsection if the development within subsection (1)(a) to which it is related is to be carried out in one or more of the following areas—
(a) England;
(b) waters adjacent to England up to the seaward limits of the territorial sea.
(5) To the extent that development consent is granted for associated development or related housing development, section 33 applies to the development as it applies to development for which development consent is required.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) The Secretary of State, in deciding an application for an order granting development consent for development that includes related housing development, must take into account any matters set out in guidance published by the Secretary of State.
116 Reasons for decision to grant or refuse development consent
(1) The Secretary of State must prepare a statement of the Secretary of State's reasons for deciding to—
(a) make an order granting development consent, or
(b) refuse development consent.
(2) The Secretary of State must provide a copy of the statement to each person who is an interested party in relation to the application for the purposes of Chapter 4 (see section 102).
(3) The Secretary of State must publish the statement in such manner as the Secretary of State thinks appropriate.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
117 Orders granting development consent: formalities
(1) This section applies in relation to an order granting development consent.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Except in a case within subsection (4), the Secretary of State must publish the order in such manner as the Secretary of State thinks appropriate.
(4) If the order includes provision—
(a) made under section 120(3) for or relating to any of the matters listed in paragraphs 32A and 32B of Schedule 5, or
(b) made in the exercise of any of the powers conferred by section 120(5)(a) or (b),
the order must be contained in a statutory instrument.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) As soon as practicable after the instrument containing the order is made, the Secretary of State must deposit in the office of the Clerk of the Parliaments a copy of—
(a) the instrument,
(b) the latest version of any plan supplied by the applicant in connection with the application for the order contained in the instrument, and
(c) the statement of reasons prepared under section 116(1).
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
118 Legal challenges relating to applications for orders granting development consent
(1) A court may entertain proceedings for questioning an order granting development consent only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after —
(i) the day on which the order is published, or
(ii) if later, the day on which the statement of reasons for making the order is published.
(2) A court may entertain proceedings for questioning a refusal of development consent only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the statement of reasons for the refusal is published.
(3) A court may entertain proceedings for questioning a decision of the Secretary of State under section 55 not to accept an application for an order granting development consent only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the Secretary of State provides the copy of the statement of reasons for the decision to the applicant as required by subsection (7)(b) of that section.
(4) A court may entertain proceedings for questioning a decision under paragraph 1 of Schedule 4 in relation to an error or omission in a decision document only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which a correction notice in respect of the error or omission is issued under paragraph 2 of that Schedule or, if the correction is required to be made by order contained in a statutory instrument, the day after the day on which the order is published.
(5) A court may entertain proceedings for questioning a decision under paragraph 2(1) of Schedule 6 to make a change to an order granting development consent only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the change is given under paragraph 2(12)(b) of that Schedule or, if the change to the order is required to be made by order contained in a statutory instrument, the day after the day on which the order making the change is published.
(6) A court may entertain proceedings for questioning a decision under paragraph 3(1) of Schedule 6 to make a change to, or revoke, an order granting development consent only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the change or revocation is given under paragraph 4(6) of that Schedule or, if the change or revocation is required to be made by order contained in a statutory instrument, the day after the day on which the order making the change or revocation is published.
(7) A court may entertain proceedings for questioning anything else done, or omitted to be done, by the Secretary of State ... in relation to an application for an order granting development consent only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the relevant day.
(8) “The relevant day”, in relation to an application for an order granting development consent, means the day on which—
(a) the application is withdrawn,
(b) the order granting development consent is published or (if later) the statement of reasons for making the order is published, or
(c) the statement of reasons for the refusal of development consent is published.
(9) Subsections (7) and (8) do not apply in relation to—
(a) a failure to decide an application for an order granting development consent, or
(b) anything which delays (or is likely to delay) the decision on such an application.
120 What may be included in order granting development consent
(1) An order granting development consent may impose requirements in connection with the development for which consent is granted.
(2) The requirements may in particular include —
(a) requirements corresponding to conditions which could have been imposed on the grant of any permission, consent or authorisation, or the giving of any notice, which (but for section 33(1)) would have been required for the development ;
(b) requirements to obtain the approval of the Secretary of State or any other person, so far as not within paragraph (a);
(c) requirements designed to secure that—
(i) the biodiversity gain objective under Schedule 2A relevant to the development is met;
(ii) any proposals included in the application for the order for the purposes of meeting the biodiversity gain objective are implemented.
(3) An order granting development consent may make provision relating to, or to matters ancillary to, the development for which consent is granted.
(4) The provision that may be made under subsection (3) includes in particular provision for or relating to any of the matters listed in Part 1 of Schedule 5.
(5) An order granting development consent may—
(a) apply, modify or exclude a statutory provision which relates to any matter for which provision may be made in the order;
(b) make such amendments, repeals or revocations of statutory provisions of local application as appear to the Secretary of State to be necessary or expedient in consequence of a provision of the order or in connection with the order;
(c) include any provision that appears to the Secretary of State to be necessary or expedient for giving full effect to any other provision of the order;
(d) include incidental, consequential, supplementary, transitional or transitory provisions and savings.
(6) In subsection (5) “statutory provision” means a provision of an Act or of an instrument made under an Act.
(7) Subsections (3) to (6) are subject to subsection (8) and the following provisions of this Chapter.
(8) With the exception of provision made under subsection (3) for or relating to any of the matters listed in paragraph 32B of Schedule 5, an order granting development consent may not include—
(a) provision creating offences,
(b) provision conferring power to create offences, or
(c) provision changing an existing power to create offences.
(9) To the extent that provision for or relating to a matter may be included in an order granting development consent, none of the following may include any such provision—
(a) an order under section 14 or 16 of the Harbours Act 1964 (c. 40) (orders in relation to harbours, docks and wharves);
(b) an order under section 4(1) of the Gas Act 1965 (c. 36) (order authorising storage of gas in underground strata);
(c) an order under section 1 or 3 of the Transport and Works Act 1992 (c. 42) (orders as to railways, tramways, inland waterways etc.).
122 Purpose for which compulsory acquisition may be authorised
(1) An order granting development consent may include provision authorising the compulsory acquisition of land only if the Secretary of State is satisfied that the conditions in subsections (2) and (3) are met.
(2) The condition is that the land—
(a) is required for the development to which the development consent relates,
(b) is required to facilitate or is incidental to that development, or
(c) is replacement land which is to be given in exchange for the order land under section 131 or 132.
(3) The condition is that there is a compelling case in the public interest for the land to be acquired compulsorily.
123 Land to which authorisation of compulsory acquisition can relate
(1) An order granting development consent may include provision authorising the compulsory acquisition of land only if the Secretary of State is satisfied that one of the conditions in subsections (2) to (4) is met.
(2) The condition is that the application for the order included a request for compulsory acquisition of the land to be authorised.
(3) The condition is that all persons with an interest in the land consent to the inclusion of the provision.
(4) The condition is that the prescribed procedure has been followed in relation to the land.
125 Application of compulsory acquisition provisions
(1) This section applies if an order granting development consent includes provision authorising the compulsory acquisition of land.
(2) Part 1 of the Compulsory Purchase Act 1965 (c. 56) (procedure for compulsory purchase) applies to the compulsory acquisition of land under the order—
(a) as it applies to a compulsory purchase to which Part 2 of the Acquisition of Land Act 1981 (c. 67) applies, and
(b) as if the order were a compulsory purchase order under that Act.
(3) Part 1 of the Compulsory Purchase Act 1965, as applied by subsection (2), has effect with the omission of the following provisions—
(a) section 4 (time limit for exercise of compulsory purchase powers);
(b) section 10 (compensation for injurious affection);
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In so far as the order includes provision authorising the compulsory acquisition of land in Scotland—
(a) subsections (2) and (3) do not apply, and
(b) the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) (“the 1947 Act”) applies to the compulsory acquisition of that land under the order as if the order were a compulsory purchase order as defined in section 1(1) of that Act.
(5) The 1947 Act, as applied by subsection (4), has effect with the omission of the following provisions—
(a) Parts 2 and 3 of the First Schedule (compulsory purchase by Ministers and special provisions as to certain descriptions of land);
(b) section 116 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19) (time limit for exercise of compulsory purchase powers) (that section being incorporated into the 1947 Act by paragraph 1 of the Second Schedule to the 1947 Act).
(6) Subsections (2) to (5) are subject to any contrary provision made by the order granting development consent.
(1) This section applies in relation to an order granting development consent which includes provision authorising the compulsory acquisition of land.
(2) The order may not include provision the effect of which is to modify the application of a compensation provision, except to the extent necessary to apply the provision to the compulsory acquisition of land authorised by the order.
(3) The order may not include provision the effect of which is to exclude the application of a compensation provision.
(4) A compensation provision is a provision of or made under an Act which relates to compensation for the compulsory acquisition of land.
(1) This section applies in relation to land (“statutory undertakers' land”) if—
(a) the land has been acquired by statutory undertakers for the purposes of their undertaking,
(b) a representation has been made about an application for an order granting development consent before the completion of the examination of the application, and the representation has not been withdrawn, and
(c) as a result of the representation the Secretary of State is satisfied that—
(i) the land is used for the purposes of carrying on the statutory undertakers' undertaking, or
(ii) an interest in the land is held for those purposes.
(2) An order granting development consent may include provision authorising the compulsory acquisition of statutory undertakers' land only to the extent that the Secretary of State is satisfied of the matters set out in subsection (3).
(3) The matters are that the nature and situation of the land are such that—
(a) it can be purchased and not replaced without serious detriment to the carrying on of the undertaking, or
(b) if purchased it can be replaced by other land belonging to, or available for acquisition by, the undertakers without serious detriment to the carrying on of the undertaking.
(4) Subsections (2) and (3) do not apply in a case within subsection (5).
(5) An order granting development consent may include provision authorising the compulsory acquisition of a right over statutory undertakers' land by the creation of a new right over land only to the extent that the Secretary of State is satisfied of the matters set out in subsection (6).
(6) The matters are that the nature and situation of the land are such that—
(a) the right can be purchased without serious detriment to the carrying on of the undertaking, or
(b) any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to or available for acquisition by them.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In this section—
“statutory undertakers” has the meaning given by section 8 of the Acquisition of Land Act 1981 (c. 67) and also includes the undertakers—
which are deemed to be statutory undertakers for the purposes of that Act, by virtue of another enactment;
which are statutory undertakers for the purposes of section 16(1) and (2) of that Act (see section 16(3) of that Act).
(9) In the application of this section to a statutory undertaker which is a health service body (as defined in section 60(7) of the National Health Service and Community Care Act 1990 (c. 19)), references to land acquired or available for acquisition by the statutory undertakers are to be construed as references to land acquired or available for acquisition by the Secretary of State for use or occupation by the body.
(1) This section applies to land belonging to the National Trust which is held by the Trust inalienably.
(2) An order granting development consent is subject to special parliamentary procedure, to the extent that the order authorises the compulsory acquisition of land to which this section applies, if the condition in subsection (3) is met.
(3) The condition is that—
(a) a representation has been made by the National Trust about the application for the order granting development consent before the completion of the examination of the application,
(aa) the representation contains an objection to the compulsory acquisition of the land, and
(b) the objection has not been withdrawn.
(3A) In a case to which this section applies and to which section 131 or 132 also applies, special parliamentary procedure—
(a) may be required by subsection (2) whether or not also required by section 131(3) or 132(2), and
(b) may be required by section 131(3) or 132(2) whether or not also required by subsection (2).
(4) In this section “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the National Trust Act 1907 (c. cxxxvi) or section 8 of the National Trust Act 1939 (c. lxxxvi).
(5) In this section “the National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 (c. cxxxvi).
131 Commons, open spaces etc: compulsory acquisition of land
(1) This section applies to any land forming part of a common, open space or fuel or field garden allotment.
(2) This section does not apply in a case to which section 132 applies.
(3) An order granting development consent is subject to special parliamentary procedure, to the extent that the order authorises the compulsory acquisition of land to which this section applies, unless—
(a) the Secretary of State is satisfied that one of subsections (4) to (5) applies, and
(b) that fact, and the subsection concerned, are recorded in the order or otherwise in the instrument or other document containing the order.
(4) This subsection applies if—
(a) replacement land has been or will be given in exchange for the order land, and
(b) the replacement land has been or will be vested in the prospective seller and subject to the same rights, trusts and incidents as attach to the order land.
(4A) This subsection applies if—
(a) the order land is, or forms part of, an open space,
(b) none of the order land is of any of the other descriptions in subsection (1),
(c) either—
(i) there is no suitable land available to be given in exchange for the order land, or
(ii) any suitable land available to be given in exchange is available only at prohibitive cost, and
(d) it is strongly in the public interest for the development for which the order grants consent to be capable of being begun sooner than is likely to be possible if the order were to be subject (to any extent) to special parliamentary procedure.
(4B) This subsection applies if—
(a) the order land is, or forms part of, an open space,
(b) none of the order land is of any of the other descriptions in subsection (1), and
(c) the order land is being acquired for a temporary (although possibly long-lived) purpose.
(5) This subsection applies if—
(a) the order land does not exceed 200 square metres in extent or is required for the widening or drainage of an existing highway or partly for the widening and partly for the drainage of such a highway, and
(b) the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) If an order granting development consent authorises the compulsory acquisition of land to which this section applies, it may include provision—
(a) for vesting replacement land given in exchange as mentioned in subsection (4)(a) in the prospective seller and subject to the rights, trusts and incidents mentioned in subsection (4)(b), and
(b) for discharging the order land from all rights, trusts and incidents to which it is subject.
(12) In this section —
“common”, “fuel or field garden allotment” and “open space” have the same meanings as in section 19 of the Acquisition of Land Act 1981 (c. 67);
“the order land” means the land authorised to be compulsorily acquired;
“the prospective seller” means the person or persons in whom the order land is vested;
“replacement land” means land which is not less in area than the order land and which is no less advantageous to the persons, if any, entitled to rights of common or other rights, and to the public.
132 Commons, open spaces etc: compulsory acquisition of rights over land
(1) This section applies to any land forming part of a common, open space or fuel or field garden allotment.
(2) An order granting development consent is subject to special parliamentary procedure, to the extent that the order authorises the compulsory acquisition of a right over land to which this section applies by the creation of a new right over land, unless—
(a) the Secretary of State is satisfied that one of subsections (3) to (5) applies, and
(b) that fact, and the subsection concerned, are recorded in the order or otherwise in the instrument or other document containing the order.
(3) This subsection applies if the order land, when burdened with the order right, will be no less advantageous than it was before to the following persons—
(a) the persons in whom it is vested,
(b) other persons, if any, entitled to rights of common or other rights, and
(c) the public.
(4) This subsection applies if—
(a) replacement land has been or will be given in exchange for the order right, and
(b) the replacement land has been or will be vested in the persons in whom the order land is vested and subject to the same rights, trusts and incidents as attach to the order land (ignoring the order granting development consent).
(4A) This subsection applies if—
(a) the order land is, or forms part of, an open space,
(b) none of the order land is of any of the other descriptions in subsection (1),
(c) either—
(i) there is no suitable land available to be given in exchange for the order right, or
(ii) any suitable land available to be given in exchange is available only at prohibitive cost, and
(d) it is strongly in the public interest for the development for which the order grants consent to be capable of being begun sooner than is likely to be possible if the order were to be subject (to any extent) to special parliamentary procedure.
(4B) This subsection applies if—
(a) the order land is, or forms part of, an open space,
(b) none of the order land is of any of the other descriptions in subsection (1), and
(c) the order right is being acquired for a temporary (although possibly long-lived) purpose.
(5) This subsection applies if—
(a) the order land does not exceed 200 square metres in extent or the order right is required in connection with the widening or drainage of an existing highway or in connection partly with the widening and partly with the drainage of such a highway, and
(b) the giving of other land in exchange for the order right is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) If an order granting development consent authorises the compulsory acquisition of a right over land to which this section applies by the creation of a new right over land, it may include provision—
(a) for vesting replacement land given in exchange as mentioned in subsection (4)(a) in the persons in whom the order land is vested and subject to the rights, trusts and incidents mentioned in subsection (4)(b), and
(b) for discharging the order land from all rights, trusts and incidents to which it has previously been subject so far as their continuance would be inconsistent with the exercise of the order right.
(12) In this section —
“common”, “fuel or field garden allotment” and “open space” have the same meanings as in section 19 of the Acquisition of Land Act 1981 (c. 67);
“the order land” means the land to which this section applies over which the order right is to be exercisable;
“the order right” means the right authorised to be compulsorily acquired;
“replacement land” means land which will be adequate to compensate the following persons for the disadvantages which result from the compulsory acquisition of the order right—
the persons in whom the order land is vested,
the persons, if any, entitled to rights of common or other rights over the order land, and
the public.
133 Rights in connection with underground gas storage facilities
(1) This section applies if—
(a) the development to which an order granting development consent relates is development within section 14(1)(c), and
(b) the order authorises the compulsory acquisition of one or more rights within subsection (2).
(2) The rights are—
(a) a right to store gas in underground gas storage facilities;
(b) a right to stop up a well, borehole or shaft, or prevent its use by another person;
(c) a right of way over land.
(3) If the right within subsection (2) is an existing right to store gas in underground gas storage facilities, this Act has effect in relation to the compulsory acquisition of the right with the omission of section 131.
(4) If the order authorises the compulsory acquisition of the right by the creation of a new right within subsection (2), this Act has effect in relation to the compulsory acquisition of the right with the omission of sections 127 to 132.
134 Notice of authorisation of compulsory acquisition
(1) This section applies if—
(a) an order is made granting development consent, and
(b) the order includes provision authorising the compulsory acquisition of land.
(2) In this section —
“the order land” means—
in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, the land over which the right is to be exercisable;
in any other case where the order granting development consent authorises the compulsory acquisition of land, the land authorised to be compulsorily acquired;
“the prospective purchaser” means—
in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, the person for whose benefit the order authorises the creation of the right;
in any other case where the order granting development consent authorises the compulsory acquisition of land, the person authorised by the order to compulsorily acquire the land.
(3) After the order has been made, the prospective purchaser must—
(za) make a copy of the order available, at a place in the vicinity of the land, for inspection by the public at all reasonable hours,
(a) serve a compulsory acquisition notice ... on each person to whom subsection (4) applies, and
(b) affix a compulsory acquisition notice to a conspicuous object or objects on or near the order land.
(4) This subsection applies to any person who, if the order granting development consent were a compulsory purchase order, would be a qualifying person for the purposes of section 12(1) of the Acquisition of Land Act 1981 (c. 67) (notice to owners, lessees and occupiers).
(5) A compulsory acquisition notice which is affixed under subsection (3)(b) must—
(a) be addressed to persons occupying or having an interest in the order land, and
(b) so far as practicable, be kept in place by the prospective purchaser until the end of the period of 6 weeks beginning with the date on which the order is published.
(6) The prospective purchaser must also publish a compulsory acquisition notice in one or more local newspapers circulating in the locality in which the order land is situated.
(6A) The prospective purchaser must send a compulsory acquisition notice to the Chief Land Registrar and it shall be a local land charge in respect of the land in England or Wales to which it relates.
(7) A compulsory acquisition notice is a notice in the prescribed form—
(a) describing the order land,
(b) in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, describing the right,
(c) stating that the order granting development consent includes provision authorising the compulsory acquisition of a right over the land by the creation of a right over it or (as the case may be) the compulsory acquisition of the land,
(cza) in a case where the order applies Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981—
(i) containing a prescribed statement about the effect of those Parts, and
(ii) inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the prospective purchaser information about the person’s name, address and interest in land, using a prescribed form,
(ca) stating where and when a copy of the order is available for inspection in accordance with subsection (3)(za), and
(d) stating that a person aggrieved by the order may challenge the order only in accordance with section 118.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) An order granting development consent may include provision authorising the compulsory acquisition of an interest in Crown land only if—
(a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and
(b) the appropriate Crown authority consents to the acquisition.
(2) An order granting development consent may include any other provision applying in relation to Crown land, or rights benefiting the Crown, only if the appropriate Crown authority consents to the inclusion of the provision.
(3) The reference in subsection (2) to rights benefiting the Crown does not include rights which benefit the general public.
(4) For the purposes of this section “the Crown” includes—
(a) the Duchy of Lancaster;
(b) the Duchy of Cornwall;
(c) the Speaker of the House of Lords;
(d) the Speaker of the House of Commons;
(e) the Corporate Officer of the House of Lords;
(f) the Corporate Officer of the House of Commons.
(1) An order granting development consent may extinguish a public right of way over land only if the Secretary of State is satisfied that—
(a) an alternative right of way has been or will be provided, or
(b) the provision of an alternative right of way is not required.
(2) The following provisions of this section apply if—
(a) an order granting development consent makes provision for the acquisition of land, compulsorily or by agreement,
(b) the order extinguishes a public right of way over the land, and
(c) the right of way is not a right enjoyable by vehicular traffic.
(3) The order granting development consent may not provide for the right of way to be extinguished from a date which is earlier than the date on which the order is published.
(4) Subsection (5) applies if—
(a) the order granting development consent extinguishes the right of way from a date (“the extinguishment date”) which is earlier than the date on which the acquisition of the land is completed, and
(b) at any time after the extinguishment date it appears to the Secretary of State that the proposal to acquire the land has been abandoned.
(5) The Secretary of State must by order direct that the right is to revive.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Nothing in subsection (5) prevents the making of a further order extinguishing the right of way.
138 Extinguishment of rights, and removal of apparatus, of statutory undertakers etc.
(1) This section applies if an order granting development consent authorises the acquisition of land (compulsorily or by agreement) and—
(a) there subsists over the land a relevant right, or
(b) there is on, under or over the land relevant apparatus.
(2) “Relevant right” means a right of way, or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, which—
(a) is vested in or belongs to statutory undertakers for the purpose of the carrying on of their undertaking, or
(b) is conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network.
(3) “Relevant apparatus” means—
(a) apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, or
(b) electronic communications apparatus kept installed for the purposes of an electronic communications code network.
(4) The order may include provision for the extinguishment of the relevant right, or the removal of the relevant apparatus, only if the Secretary of State is satisfied that the extinguishment or removal is necessary for the purpose of carrying out the development to which the order relates
(4A) In this section “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purpose of any provision of Part 11 of TCPA 1990.
(4B) In this section—
“electronic communications apparatus” has the meaning given in paragraph 5 of the electronic communications code;
“electronic communications code” means the code set out in Schedule 3A to the Communications Act 2003;
“operator of an electronic communications code network” has the meaning given in paragraph 1(1) of Schedule 17 to the Communications Act 2003;
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) An order granting development consent may not include provision the effect of which is to exclude or modify the application of a provision of or made under the Commons Act 2006, except in accordance with section 131 or 132.
(2) For the purposes of section 38(6)(a) of the Commons Act 2006, works carried out under a power conferred by an order granting development consent are not to be taken to be carried out under a power conferred by or under an enactment, except in a case to which section 131 or 132 applies.
(3) An order granting development consent may not authorise the suspension of, or extinguishment or interference with, registered rights of common, except in accordance with section 131 or 132.
(4) “Registered rights of common” means rights of common registered under—
(a) the Commons Act 2006, or
(b) the Commons Registration Act 1965.
An order granting development consent may include provision authorising the operation of a generating station only if the development to which the order relates is or includes the construction or extension of the generating station.
An order granting development consent may include provision authorising an electric line to be kept installed above ground only if the development to which the order relates is or includes the installation of the line above ground.
An order granting development consent may include provision authorising the use of underground gas storage facilities only if the development to which the order relates is or includes development within section 17(2), (3) or (5).
(1) An order granting development consent may include provision authorising the diversion of any part of a navigable watercourse only if the condition in subsection (2) is met.
(2) The new length of watercourse must be navigable in a reasonably convenient manner by vessels of a kind that are accustomed to using the part of the watercourse which is to be diverted.
(3) In deciding whether the condition in subsection (2) is met, the effect of any bridge or tunnel must be ignored if the construction of the bridge or tunnel is part of the development for which consent is granted by the order granting development consent.
(4) If an order granting development consent includes provision authorising the diversion of any part of a navigable watercourse, the order is also to be taken to authorise the diversion of any tow path or other way adjacent to that part.
(1) An order granting development consent may include provision authorising the charging of tolls in relation to a highway only if a request to that effect has been included in the application for the order.
(2) If an order granting development consent includes provision authorising the charging of tolls in relation to a highway, the order is treated as a toll order for the purposes of sections 7 to 18 of the New Roads and Street Works Act 1991 (c. 22).
(2A) Subsection (2) does not apply to an order that includes provision authorising other charges in respect of the use or keeping of motor vehicles on roads.
(2B) In subsection (2A)—
“motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exceptions: certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road Traffic Acts;
“road” has the meaning given in section 142(1) of the Road Traffic Regulation Act 1984.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) An order granting development consent may include provision for the creation of a harbour authority only if—
(a) the development to which the order relates is or includes the construction or alteration of harbour facilities, and
(b) the creation of a harbour authority is necessary or expedient for the purposes of the development.
(2) An order granting development consent may include provision changing the powers or duties of a harbour authority only if—
(a) the development to which the order relates is or includes the construction or alteration of harbour facilities, and
(b) the authority has requested the inclusion of the provision or has consented in writing to its inclusion.
(3) An order granting development consent may include provision authorising the transfer of property, rights or liabilities from one harbour authority to another only if—
(a) the development to which the order relates is or includes the construction or alteration of harbour facilities, and
(b) the order makes provision for the payment of compensation of an amount—
(i) determined in accordance with the order, or
(ii) agreed between the parties to the transfer.
(4) An order granting development consent which includes provision for the creation of a harbour authority, or changing the powers or duties of a harbour authority, may also make other provision in relation to the authority.
This is subject to subsection (6).
(5) Subject to subsection (6), the provision which may be included in relation to a harbour authority includes in particular—
(a) any provision in relation to a harbour authority which could be included in a harbour revision order under section 14 of the Harbours Act 1964 (c. 40) by virtue of any provision of Schedule 2 to that Act;
(b) provision conferring power on the authority to change provision made in relation to it (by the order or by virtue of this paragraph), where the provision is about—
(i) the procedures (including financial procedures) of the authority;
(ii) the power of the authority to impose charges;
(iii) the power of the authority to delegate any of its functions;
(iv) the welfare of officers and employees of the authority and financial and other provision made for them.
(6) The order may not include provision—
(a) which, by virtue of any other provision of this Act, is not permitted to be included in an order granting development consent;
(b) conferring power on a harbour authority to delegate, or makes changes to its powers so as to permit the delegation of, any of the functions mentioned in paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the Harbours Act 1964.
(1) This section applies if—
(a) an order granting development consent includes provision authorising the discharge of water into inland waters or underground strata, and
(b) but for the order, the person to whom development consent is granted would have had no power to take water, or to require discharges to be made, from the inland waters or other source from which the discharges authorised by the order are intended to be made.
(2) The order does not have the effect of conferring any such power on that person.
(1) This section applies if an order granting development consent includes provision—
(a) authorising the acquisition of Green Belt land, compulsorily or by agreement,
(b) authorising the sale, exchange or appropriation of Green Belt land, or
(c) freeing land from any restriction imposed upon it by or under the Green Belt (London and Home Counties) Act 1938 (c. xciii), or by a covenant or other agreement entered into for the purposes of that Act.
(2) The Secretary of State must notify the relevant local authorities of the provision made by the order.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The relevant local authorities are—
(a) each local authority in whose area all or part of the land is situated,
(b) any local authority in whom all or part of the land is vested, and
(c) each contributing local authority.
(5) In this section “local authority” and “contributing local authority” have the same meanings as in the Green Belt (London and Home Counties) Act 1938 (c. xciii) (see section 2(1) of that Act).