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In force since 2026-07-24, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(1) This Act binds the Crown, subject to subsections (2) and (3). (2) Sections 40, 54, 135, 166, 228 and 231 make special provision in relation to the application of some provisions of this Act to the Crown. (3) The amendments made by this Act bind the Crown only to the extent that the provisions amended bind the Crown.
Propose a change(1) In this Act, “Crown land” and “the appropriate Crown authority” must be read in accordance with this section. (2) “Crown land” is land in which there is a Crown interest or a Duchy interest. (3) For the purposes of this section, a Crown interest is any of the following— (a) an interest belonging to Her Majesty in right of the Crown or in right of Her private estates; (b) an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department; (c) an interest belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty for the purposes of the Scottish Administration by such an office-holder; (d) the interest of the Speaker of the House of Lords in those parts of the Palace of Westminster and its precincts occupied on 23 March 1965 by or on behalf of the House of Lords; (e) the interest of the Speaker of the House of Commons in those parts of the Palace of Westminster and its precincts occupied on 23 March 1965 by or on behalf of the House of Commons; (f) the interest in any land of— (i) the Corporate Officer of the House of Lords; (ii) the Corporate Officer of the House of Commons; (iii) those two Corporate Officers acting jointly; (g) such other interest as the Secretary of State specifies by order. (4) For the purposes of this section, a Duchy interest is— (a) an interest belonging to Her Majesty in right of the Duchy of Lancaster, or (b) an interest belonging to the Duchy of Cornwall. (5) “The appropriate Crown authority” in relation to any land is— (a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners; (b) in relation to any other land belonging to Her Majesty in right of the Crown, the government department or, as the case may be, office-holder in the Scottish Administration, having the management of the land or the relevant person; (c) in relation to land belonging to Her Majesty in right of Her private estates, a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State; (d) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy; (e) in relation to land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy, appoints; (f) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the department; (g) in the case of land belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty for the purposes of such an office-holder, the office-holder; (h) in relation to Westminster Hall and the Chapel of St Mary Undercroft, the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly; (i) in relation to Her Majesty's Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, the Lord Great Chamberlain. (j) in relation to land in which there is a Crown interest by virtue of subsection (3)(d) or (f)(i), the Corporate Officer of the House of Lords; (k) in relation to land in which there is a Crown interest by virtue of subsection (3)(e) or (f)(ii), the Corporate Officer of the House of Commons; (l) in relation to land in which there is a Crown interest by virtue of subsection (3)(f)(iii), those two Corporate Officers acting jointly. (5A) In subsection (5), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land. (6) If any question arises as to what authority is the appropriate Crown authority in relation to any land it must be referred to the Treasury, whose decision is final. (7) References to Her Majesty's private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37). (8) References to an office-holder in the Scottish Administration are to be construed in accordance with section 126(7) of the Scotland Act 1998 (c. 46).
Propose a change(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act. (2) 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.
Propose a change(1) A notice or other document required or authorised to be served, given or supplied under this Act may be served, given or supplied in any of these ways— (a) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied, (b) by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address, (c) by sending it by post, addressed to that person at that person's usual or last known place of abode or, in a case where an address for service has been given by that person, at that address, (d) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at that person's usual or last known place of abode or, in a case where an address for service has been given by that person, at that address, (e) in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in subsection (2), to that person at that address, (f) in the case of an incorporated company or body— (i) by delivering it to the secretary or clerk of the company or body at their registered or principal office, (ii) by sending it by post, addressed to the secretary or clerk of the company or body at that office, (iii) by sending it in a prepaid registered letter or, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office. (2) The condition mentioned in subsection (1)(e) is that the notice or other document must be— (a) capable of being accessed by the person mentioned in that provision, (b) legible in all material respects, and (c) in a form sufficiently permanent to be used for subsequent reference. (3) For the purposes of subsection (2), “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form. (4) Subsection (1)(c), (e) and (f)(ii) do not apply to the service, giving or supply of any of the following— (a) notice under section 53(4)(b); (b) a compulsory acquisition notice under section 134; (c) notice under section 163(3); (d) an information notice under section 167; (e) a notice of unauthorised development under section 169. (5) This section is without prejudice to section 233 of the Local Government Act 1972 (c. 70) (general provisions as to service of notices by local authorities). (6) This section is subject to any contrary provision made by or under this Act.
Propose a change(1) Subsection (2) applies if— (a) a notice or document is required or authorised to be served on or given or supplied to any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or (b) a notice or document is required or authorised to be served on or given or supplied to any person as an occupier of premises. (2) The notice or document is to be taken to be duly served, given or supplied if either the condition in subsection (3) or the condition in subsection (4) is met. (3) The condition is that the notice or document— (a) is addressed to the person either by name or by the description of “the owner” or, as the case may be, “the occupier” of the premises (describing them), and (b) is delivered or sent— (i) in the case of a notice mentioned in section 229(4), in the manner specified in section 229(1)(a), (b) or (d), and (ii) in any other case, in the manner specified in section 229(1)(a), (b), (c) or (d). (4) The condition is that the notice or document is so addressed and is marked in such a manner as may be prescribed for securing that it is plainly identifiable as an important communication and— (a) it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or (b) it is delivered to a person on those premises, or is affixed conspicuously to an object on those premises. (5) Subsection (6) applies if— (a) a notice or other document is required to be served on or given or supplied to all persons who have interests in or are occupiers of premises comprised in any land, and (b) it appears to the authority required or authorised to serve, give or supply the notice or other document that any part of that land is unoccupied. (6) The notice or other document is to be taken to be duly served on or given or supplied to all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if— (a) it is addressed to “the owners and any occupiers” of that part of the land (describing it), and (b) it is affixed conspicuously to an object on the land. (7) This section is subject to any contrary provision made by or under this Act.
Propose a change(1) Any notice or other document required under this Act to be served on or given or supplied to the Crown must be served on or given or supplied to the appropriate Crown authority. (2) Sections 229 and 230 do not apply for the purposes of the service, giving or supply of such a notice or document. (3) 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.
Propose a change(1) Subsections (2) and (3) apply to a power to make an order or regulations conferred on the Secretary of State by this Act, except— (a) power to make an order granting development consent; (b) a power conferred by paragraph 1(4) of Schedule 4; (c) a power to make changes to, or revoke, an order granting development consent; (d) a power conferred by Part 11 or section 237 or 241. (2) The power is exercisable by statutory instrument. (3) The power includes— (a) power to make different provision for different purposes (including different areas); (b) power to make incidental, consequential, supplementary, transitional or transitory provision or savings. (4) A statutory instrument containing an order or regulations under this Act is subject to annulment pursuant to a resolution of either House of Parliament. This is subject to subsection (5) (and section 222(5)). (5) Subsection (4) does not apply to a statutory instrument containing— (a) an order granting development consent; (b) an order made by virtue of paragraph 1(8) of Schedule 4; (c) an order changing or revoking an order granting development consent; (d) an order under section 14(3), 33(5), 111, 160(3), 161(5), 172(1), 203(5) or 227(3)(g); (e) regulations under section 35(2)(a)(ii), 104(2)(c) or 105(2)(b); (f) regulations under paragraph 3(3) or 11 of Schedule 2A. (6) No order may be made under section 14(3), 33(5), 111, 160(3), 161(5), 203(5) or 227(3)(g) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament. (7) No regulations may be made under section 35(2)(a)(ii), 104(2)(c) or 105(2)(b) or paragraph 3(3) or 11 of Schedule 2A unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.
Propose a change(1) A direction given under this Act must be in writing. (2) A power conferred by this Act to give a direction includes power to vary or revoke the direction.
Propose a changeIn this Act— “the Hazardous Substances Act” means the Planning (Hazardous Substances) Act 1990 (c. 10); “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9); “PCPA 2004” means the Planning and Compulsory Purchase Act 2004 (c. 5); “TCPA 1990” means the Town and Country Planning Act 1990 (c. 8).
Propose a change(1) In this Act (except in Part 11)— “airport” has the meaning given by section 82(1) of the Airports Act 1986 (c. 31); “alteration”, in relation to an airport, must be read in accordance with section 23(6); “alteration”, in relation to a highway, includes stopping up the highway or diverting, improving, raising or lowering it; “appropriate Crown authority” has the meaning given by section 227; “building” has the meaning given by section 336(1) of TCPA 1990; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “construction”, in relation to so much of a generating station as comprises or is to comprise renewable energy installations, has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (c. 20) (see section 104 of that Act) (and related expressions must be read accordingly); “construction”, in relation to a pipe-line, includes placing (and related expressions must be read accordingly); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “cross-country pipe-line” has the same meaning as in the Pipe-lines Act 1962 (c. 58) (see section 66 of that Act); “Crown land” has the meaning given by section 227; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “deployable output” means, in relation to a given facility, the annual average volume of water that can be produced per day from that facility under drought conditions, having regard in particular (where applicable) to— the hydrological yield of the facility; the quantity of water licensed for abstraction; the state of the local environment; the properties of any— pumping plant; well; aquifer; raw water main; aqueduct; transfer main; output main; any water treatment processes; any requirements relating to water quality; “desalination plant” means a facility for the extraction of mineral components from saline water; “development” has the meaning given by section 32; “development consent” has the meaning given by section 31; “drought conditions” means conditions resulting from a shortage of precipitation that has a 0.5% chance of occurring within a 12 month period; “electric line” has the same meaning as in Part 1 of the Electricity Act 1989 (c. 29) (see section 64(1) of that Act); “extension”, in relation to a generating station, has the meaning given by section 36(9) of the Electricity Act 1989 (and “extend” must be read accordingly); “gas” includes natural gas; “gas reception facility” must be read in accordance with section 19(3); “gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (c. 44) (see section 7(1) of that Act); “generating station” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1) of that Act); “goods” has the meaning given by section 83(1) of the Railways Act 1993 (c. 43); “Green Belt land” has the meaning given by section 2(1) of the Green Belt (London and Home Counties) Act 1938 (c. xciii); “harbour” and “harbour authority” have the meanings given by section 57(1) of the Harbours Act 1964 (c. 40); “highway” has the meaning given by section 328 of the Highways Act 1980 (c. 66); “highway authority” has the same meaning as in the Highways Act 1980 (c. 66) (see sections 1 to 3 of that Act); “improvement”, in relation to a highway, has the meaning given by section 329(1) of the Highways Act 1980; “inland waters” has the same meaning as in the Water Resources Act 1991 (c. 57) (see section 221(1) of that Act); “land” includes buildings and monuments, and land covered with water, and in relation to Part 7 must be read in accordance with section 159; “LNG facility” must be read in accordance with section 18(3); “local planning authority” has the same meaning as in TCPA 1990 (see section 336(1) of that Act); “monument” has the same meaning as in the Ancient Monuments and Archaeological Areas Act 1979 (c. 46) (see section 61 of that Act); “nationally significant infrastructure project” has the meaning given by Part 3; “national policy statement” has the meaning given by section 5(2); “natural gas” means any gas derived from natural strata (including gas originating outside the United Kingdom); “navigable watercourse” has the same meaning as in Part 6 of the Highways Act 1980 (see section 111(1) of that Act); “non-navigable watercourse” means a watercourse that is not a navigable watercourse; “pipe-line” has the meaning given by section 65 of the Pipe-lines Act 1962 (c. 58); “planning permission” means permission under Part 3 or, in relation to England, Part 13 of TCPA 1990; “prescribed” means prescribed by regulations made by the Secretary of State (except in relation to matters authorised or required by this Act to be prescribed in another way); “rail freight interchange” means a facility for the transfer of goods between railway and road, or between railway and another form of transport; “railway” has the meaning given by section 67(1) of the Transport and Works Act 1992 (c. 42); “renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (c. 20) (see section 104 of that Act); “Renewable Energy Zone” has the meaning given by section 84(4) of the Energy Act 2004; “special road” means a highway which is a special road in accordance with section 16 of the Highways Act 1980 or by virtue of an order granting development consent; “standard”, in relation to a volume of gas, means the volume of gas at a pressure of 101.325 kiloPascals and a temperature of 273 Kelvin; “trunk road” means a highway which is a trunk road by virtue of— section 10(1) or 19 of the Highways Act 1980, an order or direction under section 10 of that Act, or an order granting development consent, or under any other enactment; “underground gas storage facilities” must be read in accordance with section 17(6); “use” has the meaning given by section 336(1) of TCPA 1990. (2) A reference in this Act to a right over land includes a reference to a right to do, or to place and maintain, anything in, on or under land or in the air-space above its surface. (3) Subsection (4) applies to the question of which parts of waters up to the seaward limits of the territorial sea— (a) are adjacent to Wales (and, in consequence, are not adjacent to England), or (b) are not adjacent to Wales (and, in consequence, are adjacent to England). (4) The question is to be determined by reference to an order or Order in Council made under or by virtue of section 158(3) or (4) of the Government of Wales Act 2006 (c. 32) (apportionment of sea areas) if, or to the extent that, the order or Order in Council is expressed to apply— (a) by virtue of this subsection, for the purposes of this Act, or (b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act. (5) Subsection (6) applies to the question of which parts of waters up to the seaward limits of the territorial sea— (a) are adjacent to Scotland (and, in consequence, are not adjacent to England), or (b) are not adjacent to Scotland (and, in consequence, are adjacent to England). (6) The question is to be determined by reference to an Order in Council made under section 126(2) of the Scotland Act 1998 (c. 46) if, or to the extent that, the Order in Council is expressed to apply— (a) by virtue of this subsection, for the purposes of this Act, or (b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.
Propose a changeThe modifications set out in Schedule 12 have effect in the application of this Act to Scotland for the purpose mentioned in section 240(4).
Propose a change(1) The Secretary of State may by order made by statutory instrument make— (a) such supplementary, incidental or consequential provision, or (b) such transitory, transitional or saving provision, as the Secretary of State thinks appropriate for the general purposes, or any particular purpose, of this Act or in consequence of, or for giving full effect to, any provision made by this Act. (2) The power conferred by subsection (1) includes power to make different provision for different purposes (including different areas). (3) An order under subsection (1) may amend, repeal, revoke or otherwise modify— (a) an Act passed on or before the last day of the Session in which this Act is passed, or (b) an instrument made under an Act before the passing of this Act. (4) An order under this section which amends or repeals any provision of an Act may not be made unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament. (5) A statutory instrument containing an order under this section which does not amend or repeal any provision of an Act is subject to annulment pursuant to a resolution of either House of Parliament. (6) In this section any reference to an Act (other than this Act) includes a reference to an Act of the Scottish Parliament.
Propose a change(1) This section applies where a section 33 consent (“the original consent”) has been granted or made as a result of an application made before Part 4 came into force. (2) Nothing in section 33 prevents the original consent, or a section 33 consent that replaces it, from being varied or replaced. (3) If the original consent, or a section 33 consent that replaces it, is varied or replaced, section 31 does not apply to the development to which the consent as varied, or the replacement consent, relates (and so development consent is not required for that development). (4) A section 33 consent replaces an earlier section 33 consent for the purposes of this section if (but only if)— (a) it is granted or made on an application for consent for development without complying with conditions subject to which the earlier section 33 consent was granted or made, and (b) it is granted subject to, or made on, different conditions, or unconditionally. (5) In this section “ section 33 consent ” means a consent, authorisation, order, notice or scheme mentioned in section 33(1), (2) or (4).
Propose a changeSchedule 13 contains repeals (including repeals of spent provisions).
Propose a changeThere is to be paid out of money provided by Parliament— (a) any expenditure incurred under or by virtue of this Act by the Secretary of State, and (b) any increase attributable to this Act in the sums payable under or by virtue of any other Act out of money so provided.
Propose a change(1) The following provisions of this Act extend to England and Wales only— (a) in Part 2, section 13; (b) in Part 3, sections 15 to 20 and 22 to 30A ; (c) in Part 6, section 118; (d) in Part 7, sections 133 and 139 to 149; (e) in Part 9, sections 193 and 194; (f) in Part 10, sections 203 and 204; (g) Part 11. (2) Section 178 extends to Scotland only. (3) The following provisions of this Act extend to England and Wales and (subject to subsection (4)) to Scotland— (a) Parts 1 to 8 (except the sections listed in paragraphs (a) to (d) of subsection (1)); (b) this Part. (4) Those provisions extend to Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line— (a) one end of which is in England or Wales, and (b) the other end of which is in Scotland. (5) Subsections (3) and (4) are subject to subsection (6). (6) So far as it amends or repeals an enactment, this Act has the same extent as the enactment amended or repealed. (7) An order under section 225(2) extends to each part of the United Kingdom.
Propose a change(1) The following provisions of this Act come into force on the day on which this Act is passed— (a) the provisions of Parts 1 to 9 (except section 194(2) to (5) and paragraph 7 of Schedule 7) which— (i) confer power to make orders (other than orders granting, or making changes to orders granting, development consent), regulations or rules, or (ii) make provision about what is (or is not) permitted to be done, or what is required to be done, in the exercise of any such power; (b) Part 11, except sections 206, 211(7), 224 and 225; (c) this Part, except section 238. (2) Nothing in subsection (1)(a) affects the operation of section 13 of the Interpretation Act 1978 (c. 30) in relation to this Act. (3) Except as provided by subsection (1)(a), the provisions listed in subsection (4) come into force on such day as may be appointed by order made by— (a) the Welsh Ministers, in relation to Wales; (b) the Secretary of State, in relation to England. (4) The provisions are— (a) sections 183, 185, 187, 188, 191(1) and (3), 192, 193 and 197 to 200; (b) paragraphs 1, 2(1) and (2), 3(1), (2) and (4) and 4 to 6 of Schedule 7; (c) Schedules 8 and 11; (d) the repeals in— (i) TCPA 1990 (except those in Schedules 1 and 1A to that Act); (ii) the Environmental Protection Act 1990 (c. 43); (iii) the Planning and Compensation Act 1991 (c. 34); (iv) sections 42(3) and 53 of PCPA 2004. (5) The repeal in Schedule 1A to TCPA 1990 comes into force on such day as the Welsh Ministers may by order appoint. (6) Sections 194(2) to (5), 201, 202, 203 and 225 (together with related entries in Schedule 13), and paragraph 7 of Schedule 7, come into force at the end of two months beginning with the day on which this Act is passed. (7) Section 204 comes into force in accordance with subsection (5) of that section. (8) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint. (9) The powers conferred by this section are exercisable by statutory instrument. (10) An order under this section may— (a) appoint different days for different purposes (including different areas); (b) contain transitional, transitory or saving provision in connection with the coming into force of this Act.
Propose a changeThis Act may be cited as the Planning Act 2008.
Propose a changeSection 36 Green Belt (London and Home Counties) Act 1938 (c. xciii) 1 The Green Belt (London and Home Counties) Act 1938 is amended as follows. 2 In section 10 (restriction on erection of buildings) after subsection (1) insert— (1A) Subsection (1) of this section is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required). 3 In section 11 (saving for lines, pipes, sewers etc.) after subsection (1) insert— (1A) The proviso to subsection (1) of this section is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required). 4 In section 12 (erection of buildings for certain statutory purposes) after subsection (1) insert— (1A) Subsection (1) of this section is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required). Pipe-lines Act 1962 (c. 58) 5 The Pipe-lines Act 1962 is amended as follows. 6 (1) Section 1 (cross-country pipe-lines not to be constructed without authorisation) is amended as follows. (2) After subsection (1) insert— (1ZA) Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required). (3) In subsection (1A)(b) for “pipe-line which is the subject of a pipe-line construction authorisation” substitute “ nationally significant pipe-line ”. (4) After subsection (1A) insert— (1B) For the purposes of subsection (1A), a pipe-line is a nationally significant pipe-line if— (a) its construction has been authorised by a pipe-line construction authorisation, or (b) development consent under the Planning Act 2008 is required for its construction by virtue of section 14(1)(g) of that Act, and has been granted. 7 In section 66(1) (general interpretation provisions) in the definition of “diversion”— (a) after paragraph (a) insert— (aa) if no such authorisation is required, beyond the limits of lateral diversion permitted by development consent under the Planning Act 2008 relating to that pipe-line, or ; (b) in paragraph (b) after “no such authorisation” insert “ or consent ”. Harbours Act 1964 (c. 40) 8 The Harbours Act 1964 is amended as follows. 9 In section 14 (harbour revision orders) after subsection (1) insert— (1A) Subsection (1) is subject to— (a) section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development); (b) section 120(9) of that Act (exclusion of power to include ancillary provision in orders). 10 In section 16 (harbour empowerment orders) after subsection (3) insert— (3A) Subsections (1) to (3) are subject to— (a) section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development); (b) section 120(9) of that Act (exclusion of power to include ancillary provision in orders). Gas Act 1965 (c. 36) 11 The Gas Act 1965 is amended as follows. 12 In section 4 (storage authorisation orders) after subsection (2) insert— (2A) So far as relating to development within section 17(2), (3) or (5) of the Planning Act 2008— (a) subsection (1) is subject to section 33(2) of that Act (exclusion of powers to authorise development for which development consent required), and (b) subsection (2) is subject to section 33(1) of that Act (exclusion of requirement for other consents for development for which development consent required). (2B) So far as relating to the use of strata for the storage of gas, subsections (1) and (2) are subject to section 120(9) of the Planning Act 2008 (exclusion of power to include ancillary provision in orders). 13 In section 5 (control of mining and other operations in gas storage area and protective area) after subsection (2) insert— (2A) Subsection (2) does not apply so far as the controlled operations are authorised by an order granting development consent under the Planning Act 2008. 14 (1) Section 6 (controlled operations: carrying out of works to remedy a default) is amended as follows. (2) In subsection (1)— (a) for “without the consent of the Minister” substitute “ in breach of section 5(2) ”, (b) for “failure to comply with any conditions subject to which the Minister's consent to the carrying out of any controlled operations has been granted” substitute “ relevant failure to comply ”, and (c) after “foregoing section” insert “ or in circumstances involving a relevant failure to comply ”. (3) In subsection (5) for the words from “failed” to the end substitute “ was responsible for the relevant failure to comply. ” (4) After subsection (8) insert— (9) In this section “relevant failure to comply” means— (a) in a case where the Minister's consent to the carrying out of controlled operations has been obtained under section 5, a failure to comply with any conditions subject to which the Minister's consent was granted; (b) in a case where the carrying out of controlled operations has been authorised by an order granting development consent under the Planning Act 2008, a breach of the terms of the order or other failure to comply with the terms of the order. Energy Act 1976 (c. 76) 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ancient Monuments and Archaeological Areas Act 1979 (c. 46) 16 The Ancient Monuments and Archaeological Areas Act 1979 is amended as follows. 17 In section 2(1) (offence of executing works affecting scheduled monuments without authorisation) after “authorised under this Part of this Act” insert “ or by development consent ”. 18 In section 28(2) (offence of damaging ancient monuments: exception for authorised works) after “order under section 3)” insert “ or for which development consent has been granted ”. 19 In section 37 (exemptions from offence under section 35) after subsection (1) insert— (1A) Section 35 does not apply to the carrying out of any operations for which development consent has been granted. 20 In section 61(1) (interpretation of Act) at the appropriate place insert— “development consent” means development consent under the Planning Act 2008; . Highways Act 1980 (c. 66) 21 The Highways Act 1980 is amended as follows. 22 In section 10 (general provision as to trunk roads) after subsection (2) insert— (2A) Subsection (2) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required). 23 In section 14 (powers as respects roads that cross or join trunk roads etc.) after subsection (1) insert— (1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required). 24 In section 16 (general provision as to special roads) after subsection (3) insert— (3A) Subsection (3) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm schemes in relation to highways for which development consent required). 25 In section 18 (supplementary orders relating to special roads) after subsection (1) insert— (1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required). 26 In section 106 (orders and schemes providing for construction of bridges over or tunnels under navigable waters) after subsection (4) insert— (4A) Subsections (1) and (3) are subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders or schemes in relation to highways for which development consent required). 27 In section 108 (power to divert navigable watercourses) after subsection (1) insert— (1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required). 28 In section 110 (power to divert non-navigable watercourses and to carry out other works) after subsection (1) insert— (1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required). 29 (1) Section 329(1) (further provision as to interpretation of Act) is amended as follows. (2) In the definition of “special road” after “section 16 above” insert “ or by virtue of an order granting development consent under the Planning Act 2008 ”. (3) In the definition of “trunk road” after “section 10 above” insert “ or an order granting development consent under the Planning Act 2008, ”. 30 For section 337 (saving for obligation to obtain planning permission) substitute— Saving for obligation to obtain planning permission or development consent 337 Nothing in this Act authorises— (a) the carrying out of any development of land for which permission is required by virtue of section 57 of the Town and Country Planning Act 1990 and which is not authorised by permission granted or deemed to be granted under or for the purposes of Part 3 of that Act; or (b) the carrying out of any development for which development consent is required under the Planning Act 2008 and for which development consent has not been granted under that Act. Electricity Act 1989 (c. 29) 31 The Electricity Act 1989 is amended as follows. 32 (1) Section 36 (consent for construction etc. of generating stations) is amended as follows. (2) In subsection (1) after “subsections” insert “ (1A) to ”. (3) After subsection (1) insert— (1A) So far as relating to the construction or extension of a generating station, subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required). (1B) So far as relating to the operation of a generating station, subsection (1) does not apply if the operation is authorised by an order granting development consent under the Planning Act 2008. 33 (1) Section 37 (consent for overhead lines) is amended as follows. (2) In subsection (1) for “subsection (2)” substitute “ subsections (1A) to (2) ”. (3) After subsection (1) insert— (1A) So far as relating to the installation of an electric line, subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required). (1B) So far as relating to keeping an electric line installed, subsection (1) does not apply if keeping the line installed is authorised by an order granting development consent under the Planning Act 2008. Town and Country Planning Act 1990 (c. 8) 34 TCPA 1990 is amended as follows. 35 In section 57 (planning permission required for development) after subsection (1) insert— (1A) Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for planning permission etc. for development for which development consent required). 36 (1) Section 211 (preservation of trees in conservation areas) is amended as follows. (2) After subsection (1) insert— (1A) Subsection (1) does not apply so far as the act in question is authorised by an order granting development consent. (3) After subsection (5) insert— (5A) Subsection (5) does not apply so far as the act in question is authorised by an order granting development consent. 37 In section 336(1) (interpretation) at the appropriate place insert— “development consent” means development consent under the Planning Act 2008; . Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) 38 The Listed Buildings Act is amended as follows. 39 (1) Section 7 (restriction on works affecting listed buildings) is amended as follows. (2) At the beginning insert “ (1) ”. (3) After “authorised” insert “ under section 8 ”. (4) At the end insert— (2) Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required). 40 In section 59(3) (offence relating to acts causing or likely to result in damage to listed building: exceptions) after paragraph (b) insert ; or (c) of works for which development consent has been granted under the Planning Act 2008. 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Planning (Hazardous Substances) Act 1990 (c. 10) 42 The Hazardous Substances Act is amended as follows. 43 In section 9(2)(c) (determination of applications for hazardous substances consent: material considerations) after “planning permission” insert “ or development consent ”. 44 In section 10(1) (conditions on grant of hazardous substances consent) after “planning permission” insert “ or development consent ”. 45 (1) Section 12 (deemed hazardous substances consent: government authorisation) is amended as follows. (2) After subsection (2A) insert— (2B) On making an order granting development consent in respect of development that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the person making the order may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction. (3) For subsection (3) substitute— (3) Before giving a direction under any of subsections (1) to (2B), the person having power to give the direction must consult the Health and Safety Commission. (4) In subsection (6)— (a) for “government department or the Secretary of State” substitute “ person ”, and (b) after “directions” insert “ given by the person ”. 46 In section 14(2)(b) (power to revoke or modify hazardous substances consent)— (a) after “planning permission” insert “ or development consent ”; (b) after “the permission” insert “ or development consent ”. 47 In section 39(1) (interpretation) at the appropriate place insert— “development consent” means development consent under the Planning Act 2008; . New Roads and Street Works Act 1991 (c. 22) 48 The New Roads and Street Works Act 1991 is amended as follows. 49 In section 6 (toll orders) after subsection (1) insert— (1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required). Water Industry Act 1991 (c. 56) 50 In section 167(1) of the Water Industry Act 1991 (compulsory works orders)— (a) after “water undertaker” insert “ whose area is wholly or partly in Wales ”, and (b) after “functions” insert “ in relation to an area in Wales ”. Transport and Works Act 1992 (c. 42) 51 The Transport and Works Act 1992 is amended as follows. 52 In section 1 (orders as to railways, tramways etc.) after subsection (1) insert— (1A) Subsection (1) is subject to— (a) section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development); (b) section 120(9) of that Act (exclusion of power to include ancillary provision in orders). 53 In section 3 (orders as to inland waterways etc.) after subsection (1) insert— (1A) Subsection (1) is subject to— (a) section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development); (b) section 120(9) of that Act (exclusion of power to include ancillary provision in orders). Town and Country Planning (Scotland) Act 1997 (c. 8) 54 The Town and Country Planning (Scotland) Act 1997 is amended as follows. 55 In section 28 (planning permission required for development) after subsection (1) insert— (1A) Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for planning permission etc. for development for which development consent required). 56 In section 160(6) (tree preservation orders: exemptions) after paragraph (b) insert— (ba) it is authorised by an order granting development consent, . 57 (1) Section 172 (preservation of trees in conservation areas) is amended as follows. (2) After subsection (1) insert— (1A) Subsection (1) does not apply so far as the act in question is authorised by an order granting development consent. (3) After subsection (5) insert— (5A) Subsection (5) does not apply so far as the act in question is authorised by an order granting development consent. 58 In section 277(1) (interpretation) at the appropriate place insert— “development consent” means development consent under the Planning Act 2008; . Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10) 59 The Planning (Hazardous Substances) (Scotland) Act 1997 is amended as follows. 60 In section 7(2)(c) (determination of applications for hazardous substances consent: material considerations) after “planning permission” insert “ or development consent ”. 61 In section 8(1) (conditions on grant of hazardous substances consent) after “planning permission” insert “ or development consent ”. 62 (1) Section 10 (deemed hazardous substances consent: government authorisation) is amended as follows. (2) After subsection (2A) insert— (2B) On making an order granting development consent in respect of development that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the person making the order may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction. (3) For subsection (3) substitute— (3) Before giving a direction under any of subsections (1) to (2B), the person having power to give the direction must consult the Health and Safety Commission. (4) In subsection (6)— (a) for the words from “government” to “Ministers” substitute “ person ”, and (b) after “directions” insert “ given by the person ”. 63 In section 12(2)(b) (power to revoke or modify hazardous substances consent)— (a) after “planning permission” insert “ or development consent ”, and (b) after “the permission” insert “ or development consent ”. 64 In section 38(1) (interpretation) at the appropriate place insert— “development consent” means development consent under the Planning Act 2008, . Housing and Regeneration Act 2008 (c. 17) 65 In section 13(5) of the Housing and Regeneration Act 2008 (power of Secretary of State to make designation orders) in the definition of “permitted purposes” at the end insert , and (d) Part 8 of the Planning Act 2008, . Crossrail Act 2008 (c. 18) 66 (1) Section 48 of the Crossrail Act 2008 (application of Act to extensions) is amended as follows. (2) Before subsection (1) insert— (A1) Development consent under the Planning Act 2008 is not required for— (a) an extension of Crossrail, or (b) the provision, otherwise than as part of an extension of Crossrail, of a railway facility for use for the purposes of or in connection with Crossrail. (3) In subsection (1) for paragraphs (a) and (b) substitute “ a matter mentioned in subsection (A1)(a) or (b). ” (4) In subsection (2) for “(1)” substitute “ (A1) ”. (5) In subsection (5) for “(1)” substitute “ (A1) ”.
Propose a changeSection 103 Introductory 1 (1) This Schedule applies to development which— (a) is of a description of development to which a development consent order application may relate, and (b) is not excluded development, to the extent that the development is carried out in England. (2) In this Schedule— “development consent order application” means an application made under section 37 which falls to be determined under section 104 or 105; “excluded development” means development of a description specified in regulations made by the Secretary of State. Biodiversity gain statement 2 (1) A biodiversity gain statement is a statement of government policy in relation to the biodiversity gain to be achieved in connection with any description of development to which this Schedule applies. (2) In particular the statement must— (a) set out a biodiversity gain objective for any description of development to which this Schedule applies, and (b) set out that, where development consent order applications are made for any development of that description during a period specified in the statement, the development must meet that objective. (3) The statement may specify how development of any description may or must meet the biodiversity gain objective. (4) In this Schedule, references to the period for which a biodiversity gain statement has effect are to the period referred to in sub-paragraph (2)(b). 3 (1) A biodiversity gain objective is an objective that the biodiversity value attributable to development to which a biodiversity gain statement relates exceeds the pre-development biodiversity value of the onsite habitat by a percentage specified in the statement. (2) The percentage specified under sub-paragraph (1) must be at least 10%. (3) The Secretary of State may by regulations amend sub-paragraph (2) so as to change the percentage for the time being specified in it. 4 (1) A biodiversity gain statement may specify for the purposes of a biodiversity gain objective how the biodiversity value or relative biodiversity value of any habitat or habitat enhancement is to be calculated. (2) That may include calculation by, or by reference to— (a) a biodiversity metric set out in a document produced by the Secretary of State for the purposes of the statement, (b) the biodiversity metric referred to in paragraph 4 of Schedule 7A to the Town and Country Planning Act 1990, or (c) such other biodiversity metric as the Secretary of State considers appropriate. (3) The Secretary of State must— (a) lay any document within sub-paragraph (2)(a) before Parliament, and (b) publish it in such manner as the Secretary of State considers appropriate. 5 (1) A biodiversity gain statement may specify for the purposes of a biodiversity gain objective— (a) what the pre-development biodiversity value of onsite habitat consists of, and (b) the date by reference to which it is calculated. (2) A biodiversity gain statement may in particular under sub-paragraph (1)(b) specify a different date in relation to development on land where activities on the land before the making of a development consent order application have, or have had, the result that the biodiversity value of the onsite habitat is lower than it would otherwise have been. (3) A biodiversity gain statement must include provision to secure that, where a development consent order application relates to land which is registered in the biodiversity gain site register, the pre-development biodiversity value of the onsite habitat includes the biodiversity value of the habitat enhancement which is, on the date specified under sub-paragraph (1)(b), recorded in the register as habitat enhancement to be achieved on the land. 6 (1) A biodiversity gain statement may specify for the purposes of a biodiversity gain objective what the biodiversity value attributable to any development consists of. (2) In particular, a biodiversity gain statement may specify any of the following as included in the biodiversity value attributable to any development— (a) the post-development biodiversity value of the onsite habitat, (b) the biodiversity value of any offsite biodiversity gain allocated to the development (which may be registered offsite biodiversity gain), and (c) the biodiversity value of any biodiversity credits purchased for the development. (3) If pursuant to sub-paragraph (2)(a) a biodiversity gain statement specifies the post-development biodiversity value of the onsite habitat, the statement must specify what that value consists of. (4) If pursuant to sub-paragraph (2)(b) a biodiversity gain statement specifies the biodiversity value of any offsite biodiversity gain allocated to the development, other than registered offsite biodiversity gain, the statement must specify— (a) what offsite biodiversity gain consists of, and (b) how the allocation of offsite biodiversity gain is to be recorded. (5) Provision under sub-paragraph (3) or (4) must include provision to secure that, where works are carried out for the purposes of any development that increase the biodiversity value of onsite or offsite habitat by an amount that is significant in relation to its previous biodiversity value, the increase is to be taken into account only if— (a) any habitat enhancement resulting from the works is maintained for a period specified in the statement, and (b) the maintenance of that habitat enhancement is secured in a way specified in the statement (for example, through conservation covenants or requirements imposed by a development consent order). 7 (1) A biodiversity gain statement must set out whether, and if so how, the biodiversity gain objective applies in relation to development where the onsite habitat is irreplaceable habitat. (2) A biodiversity gain statement may specify requirements, in relation to any such development, relating to the making of arrangements for the purpose of minimising the adverse effect of the development on the onsite habitat. 8 A biodiversity gain statement must specify the evidence that persons making a development consent order application in relation to which the statement has effect must produce in order to demonstrate how the biodiversity gain objective is met. Development covered by an existing national policy statement 9 (1) This paragraph applies where, at the time this Schedule comes into force, an existing national policy statement sets out policy in respect of a description of development to which this Schedule applies. (2) On the first review of the existing national policy statement under section 6 after the coming into force of this Schedule, the Secretary of State must amend the statement under section 6(5)(a) so as to include a biodiversity gain statement for development of that description. (3) The Secretary of State may issue a separate biodiversity gain statement (a “separate biodiversity gain statement”) having effect for any period before that for which the statement included in the existing national policy statement under sub-paragraph (2) has effect. (4) Before issuing a separate biodiversity gain statement the Secretary of State must consult such persons as the Secretary of State considers appropriate. (5) The Secretary of State must keep a separate biodiversity gain statement under review and may amend it at any time. (6) The Secretary of State must— (a) lay a separate biodiversity gain statement before Parliament, and (b) publish it in such manner as the Secretary of State considers appropriate. (7) A separate biodiversity gain statement is for the purposes of section 104(2) to (9) to be regarded as contained in the existing national policy statement. (8) If it appears to the Secretary of State that the existing national policy statement is inconsistent with a separate biodiversity gain statement, the Secretary of State may amend the existing national policy statement in such manner as seems appropriate to the Secretary of State to remove the inconsistency. (9) Where the existing national policy statement is amended pursuant to sub-paragraph (2) to include a biodiversity gain statement in relation to any description of development, a separate biodiversity gain statement relating to development of that description must be revoked as from the beginning of the period for which the new statement has effect. (10) If the existing national policy statement’s designation as a national policy statement is withdrawn in relation to any description of development, any separate biodiversity gain statement relating to development of that description has effect as if it were a biodiversity gain statement issued under paragraph 10(2). (11) References in sub-paragraphs (4) to (10) to separate biodiversity gain statements include amended versions of such statements. (12) For the purposes of this Schedule, “existing national policy statement” means a national policy statement which is designated under section 5 before the coming into force of this Schedule. (13) For the purposes of sub-paragraph (2), an existing national policy statement is only reviewed under section 6 after the coming into force of this Schedule if the review begins after that time. Development not covered by a national policy statement 10 (1) This paragraph applies where, at the time this Schedule comes into force or any subsequent time, no national policy statement sets out policy in respect of a description of development to which this Schedule applies. (2) The Secretary of State may issue a biodiversity gain statement in relation to that description of development. (3) Before issuing a biodiversity gain statement under sub-paragraph (2) the Secretary of State must consult such persons as the Secretary of State considers appropriate. (4) The Secretary of State must keep a statement issued under sub-paragraph (2) under review and may amend or revoke it at any time. (5) The Secretary of State must— (a) lay a statement issued under sub-paragraph (2) before Parliament, and (b) publish it in such manner as the Secretary of State considers appropriate. (6) References in sub-paragraphs (3) to (5) to statements issued under sub-paragraph (2) include amended versions of such statements. (7) If after a statement is issued under sub-paragraph (2) a national policy statement relating to the description of development is designated under section 5, the Secretary of State must— (a) include a biodiversity gain statement in relation to that description of development in the national policy statement, and (b) revoke the statement issued under sub-paragraph (2). Development at sea 11 (1) The Secretary of State may by regulations provide for this Schedule to apply, with or without modifications, to any development to which this paragraph applies. (2) This paragraph applies to development which— (a) is of a description to which a development consent order application may relate, and (b) is not excluded development, to the extent that the development is carried out in the English marine region. (3) In sub-paragraph (2), the “English marine region” means— (a) the English offshore region, and (b) the English inshore region, excluding waters in England. (4) Regulations under this paragraph may make provision modifying the application of this Schedule in relation to development which is carried out at an inter-tidal location. (5) In sub-paragraph (4), “inter-tidal location” means a location that— (a) is in England, and (b) is also at any time in the English inshore region. Interpretation 12 For the purposes of this Schedule— “biodiversity credits” means credits under section 101 of the Environment Act 2021; “biodiversity gain site register” means the register under section 100 of the Environment Act 2021; a “biodiversity metric” is a means of measuring the biodiversity value or relative biodiversity value of habitat or habitat enhancement; “development consent order application” has the meaning given by paragraph 1(2); “English inshore region” and “English offshore region” have the meanings given by section 322 of the Marine and Coastal Access Act 2009; “excluded development” has the meaning given by paragraph 1(2); “existing national policy statement” has the meaning given by paragraph 9(12); “irreplaceable habitat” has the meaning given in regulations under paragraph 18 of Schedule 7A to the Town and Country Planning Act 1990; “onsite habitat”, in relation to any development, means habitat on the land to which the development consent order application relates, and “offsite habitat” means habitat on other land; “registered offsite biodiversity gain” has the meaning given by paragraph 10 of Schedule 7A to the Town and Country Planning Act 1990.
Propose a changeSection 119 Correction of errors 1 (1) This paragraph applies if— (a) the Secretary of State makes an order granting development consent, or refuses development consent, and (b) the decision document contains a correctable error. (2) The decision document is— (a) in the case of an order granting development consent, the order; (b) in the case of a refusal of development consent, the document recording the refusal. (3) A correctable error is an error or omission which— (a) is in a part of the decision document which records the decision, and (b) is not part of the statement of reasons for the decision. (4) The Secretary of State may correct the error or omission if (but only if) the conditions in sub-paragraphs (5) and (7) are met. This is subject to sub-paragraph (11). (5) The condition is that, before the end of the relevant period— (a) the Secretary of State receives a written request to correct the error or omission from any person, or (b) the Secretary of State sends a statement in writing to the applicant which explains the error or omission and states that the Secretary of State is considering making the correction. (6) The relevant period is— (a) if the decision document is an order granting development consent, the period specified in section 118(1)(b); (b) if the decision document is the document recording a refusal of development consent, the period specified in section 118(2)(b). (7) The condition is that the Secretary of State informs each relevant local planning authority that the request mentioned in sub-paragraph (5)(a) has been received or the statement mentioned in sub-paragraph (5)(b) has been sent (as the case may be). (8) If— (a) the decision document is an order granting development consent, and (b) the order was required to be contained in a statutory instrument, the power conferred by sub-paragraph (4) may be exercised only by order contained in a statutory instrument. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) As soon as practicable after the instrument containing the order is made, the Secretary of State must deposit a copy of it in the office of the Clerk of the Parliaments. (11) The power conferred by sub-paragraph (4) may not be exercised in relation to provision included in an order granting development consent by virtue of paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009). Correction notice 2 (1) If paragraph 1(5)(a) or (b) applies the Secretary of State must issue a notice in writing (a “correction notice”) which— (a) specifies the correction of the error or omission, or (b) gives notice of the decision not to correct the error or omission. (2) The Secretary of State must issue the correction notice as soon as practicable after making the correction or deciding not to make the correction. (3) The Secretary of State must give the correction notice to— (a) the applicant, (b) each relevant local planning authority, and (c) if the correction was requested by any other person, that person. (4) The Secretary of State may give the correction notice to persons other than those to whom sub-paragraph (3) requires it to be given. Effect of a correction 3 (1) If a correction is made in pursuance of paragraph 1— (a) the original decision and the decision document containing it continue in force, and (b) the decision document is treated as corrected as specified in the correction notice issued under paragraph 2 with effect from the date the correction notice is issued, or, if the correction is required to be made by order contained in a statutory instrument, the date specified in the order. (2) If a correction is not made— (a) the original decision continues to have full force and effect, and (b) nothing in this Schedule affects anything done in pursuance of or in respect of the original decision. (3) “The original decision” means the decision to— (a) make an order granting development consent, or (b) refuse development consent. Interpretation 4 In this Schedule— “the applicant” means the person who made the application to which the decision relates; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “a relevant local planning authority” means a local planning authority for all or any part of the area in which the land to which the decision relates is situated.
Propose a changeSection 120 Part 1 The matters 1 The acquisition of land, compulsorily or by agreement. 2 The creation, suspension or extinguishment of, or interference with, interests in or rights over land (including rights of navigation over water), compulsorily or by agreement. 3 The abrogation or modification of agreements relating to land. 4 Carrying out specified excavation, mining, quarrying or boring operations in a specified area. 5 The operation of a generating station. 6 Keeping electric lines installed above ground. 7 The use of underground gas storage facilities. 8 The sale, exchange or appropriation of Green Belt land. 9 Freeing land from any restriction imposed on 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. 10 The protection of the property or interests of any person. 11 The imposition or exclusion of obligations or liability in respect of acts or omissions. 12 Carrying out surveys or taking soil samples. 13 Cutting down, uprooting, topping or lopping trees or shrubs or cutting back their roots. 14 The removal, disposal or re-siting of apparatus. 15 Carrying out civil engineering or other works. 16 The diversion of navigable or non-navigable watercourses. 17 The stopping up or diversion of highways. 18 Charging tolls, fares (including penalty fares) and other charges. 19 The designation of a highway as a trunk road or special road. 20 The specification of the classes of traffic authorised to use a highway. 21 The appropriation of a highway for which the person proposing to construct or improve a highway is the highway authority. 22 The transfer to the person proposing to construct or improve a highway of a highway for which that person is not the highway authority. 23 The specification of the highway authority for a highway. 24 The operation and maintenance of a transport system. 25 Entering into an agreement for the provision of police services. 26 The discharge of water into inland waters or underground strata. 30A Deeming a marine licence under Part 4 of the Marine and Coastal Access Act 2009 to have been given by the Secretary of State or the Welsh Ministers for activities specified in the order and subject to such conditions as may be specified in the order. 30B Deeming any such conditions to have been attached to the marine licence by the Secretary of State or the Welsh Ministers under that Part. 31 The creation of a harbour authority. 32 Changing the powers and duties of a harbour authority. 32A The making of byelaws by any person and their enforcement. 32B (1) The creation of offences within sub-paragraph (2) in connection with— (a) non-payment of tolls, fares or other charges, (b) a person's failure to give the person's name or address in accordance with provision relating to penalty fares, (c) enforcement of byelaws, or (d) construction, improvement, maintenance or management of a harbour. (2) An offence is within this sub-paragraph if— (a) it is triable only summarily, (b) a person guilty of the offence is not liable to imprisonment, and (c) any fine to which a person guilty of the offence may be liable cannot be higher than level 3 on the standard scale. 33 The transfer of property, rights, liabilities, or functions. 34 The transfer, leasing, suspension, discontinuance and revival of undertakings. 35 The payment of contributions. 36 The payment of compensation. 37 The submission of disputes to arbitration. 38 The alteration of borrowing limits. Part 2 Interpretation 39 (1) This paragraph applies for the purposes of this Schedule. (2) “Transport system” means any of the following— (a) a railway, (b) a tramway, (c) a trolley vehicle system, (d) a system using a mode of guided transport prescribed by order under section 2 of the Transport and Works Act 1992 (c. 42). (3) “Maintenance”, in relation to a transport system, includes the inspection, repair, adjustment, alteration, removal, reconstruction or replacement of the system. (4) The following terms have the meanings given by section 67(1) (interpretation) of the Transport and Works Act 1992 (c. 42)— “guided transport”, “tramway”, “trolley vehicle system”.
Propose a changeSection 153 Preliminary 1 (1) This paragraph applies for the purposes of this Schedule. (2) “The applicant”, in relation to a development consent order, means the person who applied for the order. (3) “A successor in title of the applicant” means a person who— (a) derives title to the land from the applicant (whether directly or indirectly), and (b) has an interest in the land. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) “Development consent order” means an order granting development consent. (6) “The land”, in relation to a development consent order, means the land to which the order relates or any part of that land. Non-material changes 2 (1) The Secretary of State may make a change to a development consent order if the Secretary of State is satisfied that the change is not material. This is subject to sub-paragraph (13). (1A) The Secretary of State may by regulations make provision about— (a) the decision-making process in relation to the exercise of the power conferred by sub-paragraph (1); (b) the making of the decision as to whether to exercise that power; (c) the effect of a decision to exercise that power. This is subject to sub-paragraph (2). (1B) The power to make regulations under sub-paragraph (1A) includes power to allow a person to exercise a discretion. (2) In deciding whether a change is material, the Secretary of State must have regard to the effect of the change, together with any previous changes made under this paragraph, on the development consent order as originally made. (3) The power conferred by sub-paragraph (1) includes power— (a) to impose new requirements in connection with the development for which consent is granted by the development consent order; (b) to remove or alter existing requirements. (4) The power conferred by sub-paragraph (1) may be exercised only on an application made to the Secretary of State by or on behalf of— (a) the applicant or a successor in title of the applicant, (b) a person with an interest in the land, or (c) any other person for whose benefit the development consent order has effect. (5) An application under sub-paragraph (4) must be made in the prescribed form and manner. (6) Sub-paragraph (7) applies in relation to an application under sub-paragraph (4) made by or on behalf of a person with an interest in some, but not all, of the land to which the development consent order relates. (7) The application may be made only in respect of so much of the order as affects the land in which the person has an interest. (8) The Secretary of State and the person who has made the application under sub-paragraph (4) must comply with such requirements as may be prescribed as to consultation and publicity in relation to the exercise of the power conferred by sub-paragraph (1). This is subject to sub-paragraphs (9) to (11). (8A) The power to make regulations under sub-paragraph (8) includes power to allow the Secretary of State or the person who has made the application under sub-paragraph (4) to exercise a discretion. (9) If the development consent order was required to be contained in a statutory instrument, the power conferred by sub-paragraph (1) may be exercised only by order contained in a statutory instrument. (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) As soon as practicable after the instrument containing the order is made, the Secretary of State must deposit a copy of it in the office of the Clerk of the Parliaments. (12) If a change is made to a development consent order under the power conferred by sub-paragraph (1)— (a) the order continues in force, (b) the Secretary of State must give notice of the change to the order to such persons as may be prescribed, and (c) the change to the order takes effect from the date on which the notice is issued, or, if the change to the order is required to be made by order contained in a statutory instrument, the date specified in the order making the change. (13) The power conferred by sub-paragraph (1) may not be exercised in relation to provision included in an order granting development consent by virtue of paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009). Changes to, and revocation of, orders granting development consent 3 (1) The Secretary of State may by order make a change to, or revoke, a development consent order. (2) The power conferred by sub-paragraph (1) may be exercised only in accordance with— (a) the following provisions of this paragraph, and (b) paragraphs 4 and 5. (3) The power may be exercised without an application being made if the Secretary of State is satisfied that— (a) the development consent order contains a significant error, and (b) it would not be appropriate for the error to be corrected by means of the power conferred by paragraph 1 of Schedule 4 or paragraph 2 of this Schedule. (4) The power may be exercised on an application made by or on behalf of— (a) the applicant or a successor in title of the applicant, (b) a person with an interest in the land, or (c) any other person for whose benefit the development consent order has effect. (5) The power may be exercised on an application made by a local planning authority if the Secretary of State is satisfied that— (a) the development consent order grants development consent for development on land all or part of which is in the local planning authority's area, (b) the development has begun but has been abandoned, and (c) the amenity of other land in the local planning authority's area or an adjoining area is adversely affected by the condition of the land. (5A) The Secretary of State may refuse to exercise the power on an application made under sub-paragraph (4) or (5) if, in particular, the Secretary of State considers that the development that would be authorised as a result of the change should properly be the subject of an application under section 37 for a development consent order. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) The power may be exercised without an application being made if the Secretary of State is satisfied that— (a) if the development were carried out in accordance with the development consent order, there would be a contravention of relevant assimilated law or any of the Convention rights, or (b) there are other exceptional circumstances that make it appropriate to exercise the power. (8) In this paragraph— “relevant assimilated law” means— any right, power, obligation, liability or restriction that— was created or arose by or under the EU Treaties before exit day, and forms part of assimilated law, and any remedy or procedure that— was provided for by or under the EU Treaties before exit day, and forms part of assimilated law, as modified from time to time. “the Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42). Changes to, and revocation of, orders: supplementary 4 (1) An application under paragraph 3 must be— (a) made in the prescribed form and manner, and (b) accompanied by information of a prescribed description. (2) Sub-paragraph (3) applies in relation to an application under paragraph 3(4) made by or on behalf of a person with an interest in some, but not all, of the land to which the development consent order relates. (3) The application may be made only in respect of so much of the order as affects the land in which the person has an interest. (4) The Secretary of State may by regulations make provision about— (a) the procedure to be followed before an application under paragraph 3 is made; (b) the making of such an application; (c) the decision-making process in relation to the exercise of the power conferred by paragraph 3(1); (d) the making of the decision as to whether to exercise that power; (e) the effect of a decision to exercise that power. (5) Paragraphs (c) to (e) of sub-paragraph (4) apply in relation to the exercise of the power conferred by paragraph 3(1)— (a) on an application under paragraph 3, or (b) on the initiative of the Secretary of State under paragraph 3(3) or (7). (5A) The power to make regulations under sub-paragraph (4) includes power to allow a person to exercise a discretion. (6) If a development consent order is changed or revoked in the exercise of the power conferred by paragraph 3(1), the Secretary of State must give notice of the change or revocation to such persons as may be prescribed. (7) If a development consent order was required to be contained in a statutory instrument, an order changing or revoking the development consent order made in the exercise of the power conferred by paragraph 3(1) must also be contained in a statutory instrument. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) As soon as practicable after the instrument containing the order is made, the Secretary of State must deposit a copy of it in the office of the Clerk of the Parliaments. 5 (1) This paragraph applies in relation to the power conferred by paragraph 3(1) to make a change to, or revoke, a development consent order. (2) The power may not be exercised after the end of the period of 4 years beginning with the date on which the relevant development was substantially completed. (3) Sub-paragraph (2) does not prevent the exercise of the power— (a) in relation to requirements imposed by the development consent order in connection with the relevant development, or (b) to revoke the development consent order. (4) The power includes power— (a) to require the removal or alteration of buildings or works; (b) to require the discontinuance of a use of land; (c) to impose specified requirements in connection with the continuance of a use of land; (d) to impose new requirements in connection with the relevant development; (e) to remove or alter existing requirements. (5) Subject to sub-paragraph (4)(a), the exercise of the power does not affect any building or other operations carried out in pursuance of the development consent order before the power is exercised. (6) The power may not be exercised in relation to provision included in an order granting development consent by virtue of paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009). (7) “The relevant development” is the development for which consent is granted by the development consent order. Compensation 6 (1) This paragraph applies if— (a) in exercise of the power conferred by paragraph 3, the Secretary of State makes a change to, or revokes, a development consent order, (b) the case in which the power is exercised is one falling within sub-paragraph (3)... or (7) of that paragraph, (c) on a claim for compensation under this paragraph it is shown that a person with an interest in the land, or for whose benefit the development consent order has effect— (i) has incurred expenditure in carrying out work which is rendered abortive by the change or revocation, or (ii) has otherwise sustained loss or damage which is directly attributable to the change or revocation, and (d) the claim is made to the Secretary of State in the prescribed manner and before the end of the prescribed period. (2) Compensation in respect of the expenditure, loss or damage is payable to the person by the Secretary of State. (3) The reference in sub-paragraph (1)(c)(i) to expenditure incurred in carrying out any work includes a reference to expenditure incurred — (a) in the preparation of plans for the purposes of the work, or (b) on other similar matters preparatory to carrying out the work. (4) Subject to sub-paragraph (3), no compensation is to be paid under this paragraph— (a) in respect of any work carried out before the development consent order was made, or (b) in respect of any other loss or damage arising out of anything done or omitted to be done before the development consent order was made (other than loss or damage consisting of depreciation of the value of an interest in land). (5) The Secretary of State may by regulations make provision about the assessment of compensation payable under this paragraph. (6) The regulations may in particular include provision— (a) for the reference of disputes about compensation for depreciation to, and the determination of such disputes by ... the Lands Tribunal for Scotland, the First-tier Tribunal or the Upper Tribunal; (b) applying, with or without modifications, a provision of or made under an Act. 7 (1) In this paragraph “compensation for depreciation” means compensation payable under paragraph 6 in respect of loss or damage consisting of depreciation of the value of an interest in land. (2) The Secretary of State may by regulations make provision about the apportionment of compensation for depreciation between different parts of the land to which the claim for the compensation relates. (3) The regulations may in particular include provision about— (a) who is to make an apportionment; (b) the persons to whom notice of an apportionment is to be given; (c) how an apportionment is to be made; (d) the reference of disputes about an apportionment to, and the determination of such disputes by, ... the Lands Tribunal for Scotland, the First-tier Tribunal or the Upper Tribunal. (4) The Secretary of State may by regulations make provision for, and in connection with, the giving of notice of compensation for depreciation. (5) The regulations may in particular include provision about— (a) the persons to whom notice of compensation for depreciation is to be given; (b) the status of such a notice; (c) the registration of such a notice.
Propose a changeSection 187 Town and Country Planning Act 1990 (c. 8) 1 TCPA 1990 is amended as follows. 2 (1) Section 70A (power of local planning authority to decline to determine subsequent application) is amended as follows. (2) At the end of subsection (4)(b) insert “ or, if there has been such an appeal, it has been withdrawn ”. (3) After subsection (4) insert— (4A) A local planning authority in England may also decline to determine a relevant application if— (a) the condition in subsection (4B) is satisfied, and (b) the authority think there has been no significant change in the relevant considerations since the relevant event. (4B) The condition is that— (a) in the period of two years ending with the date on which the application mentioned in subsection (4A) is received the Secretary of State has refused a similar application, (b) the similar application was an application deemed to have been made by section 177(5), and (c) the land to which the application mentioned in subsection (4A) and the similar application relate is in England. (4) In subsection (7)(a) for “and (4)” substitute “ , (4) and (4B) ”. 3 (1) Section 70B (power of local planning authority to decline to determine overlapping application) is amended as follows. (2) In subsection (1) after “which is” insert — (a) made on the same day as a similar application, or (b) . (3) After subsection (4) insert— (4A) A local planning authority in England may also decline to determine an application for planning permission for the development of any land in England which is made at a time when the condition in subsection (4B) applies in relation to a similar application. (4B) The condition is that— (a) a similar application is under consideration by the Secretary of State, (b) the similar application is an application deemed to have been made by section 177(5), and (c) the Secretary of State has not issued his decision. (4) After subsection (6) insert— (7) If a local planning authority exercise their power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, they may not also exercise that power to decline to determine the similar application. Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) 4 The Listed Buildings Act is amended as follows. 5 In section 81A (power of local planning authority to decline to determine subsequent application) at the end of subsection (4)(b) insert “ or, if there has been such an appeal, it has been withdrawn ”. 6 (1) Section 81B (power of local planning authority to decline to determine overlapping application) is amended as follows. (2) In subsection (1) after “which is” insert — (a) made on the same day as a similar application, or (b) . (3) After subsection (4) insert— (4A) If a local planning authority exercise their power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, they may not also exercise that power to decline to determine the similar application. Planning and Compulsory Purchase Act 2004 (c. 5) 7 In section 121 of PCPA 2004 (commencement) after subsection (3) insert— (3A) Subsections (1) and (2) are subject to subsection (3B). (3B) Section 43 (power to decline to determine applications) (so far as not in force on the day on which paragraph 7 of Schedule 7 of the Planning Act 2008 comes into force) comes into force on such day as may be appointed by order made by— (a) the Secretary of State in relation to England; (b) the Welsh Ministers in relation to Wales.
Propose a changeSection 192 Forestry Act 1967 (c. 10) 1 The Forestry Act 1967 is amended as follows. 2 (1) Section 15 (trees subject to preservation orders under Planning Acts) is amended as follows. (2) In subsection (1) for “consent under the order” substitute “ relevant consent ”. (3) After subsection (1) insert— (1A) In subsection (1) “relevant consent” means— (a) in the case of trees in England or Wales, consent under tree preservation regulations; (b) in the case of trees in Scotland, consent under the tree preservation order. (4) In subsection (5) for the words from “application” to “thereunder” substitute “ relevant application shall be entertained ”. (5) After subsection (5) insert— (5A) In subsection (5) “relevant application” means— (a) in the case of trees in England or Wales, an application under tree preservation regulations for consent under the regulations; (b) in the case of trees in Scotland, an application under a tree preservation order for consent under the order. 3 In section 18 (felling directions), in subsection (5) for the words from “shall” to the end substitute shall be sufficient authority for the felling, notwithstanding anything in— (a) tree preservation regulations, in the case of trees in England or Wales; (b) the tree preservation order, in the case of trees in Scotland. 4 In section 21 (courses open to person adversely affected by felling direction), in subsection (7), after “a tree preservation order” insert “ , or under tree preservation regulations, ”. 5 In section 35 (interpretation of Part 2) at the appropriate place insert— “tree preservation regulations” means regulations made under section 202A(1) of the Town and Country Planning Act 1990; . 6 (1) Schedule 3 (proceedings under Town and Country Planning Acts in relation to tree preservation orders) is amended as follows. (2) In paragraph 2— (a) for “under the said Acts” substitute “ under the Town and Country Planning (Scotland) Act 1997 ”, (b) omit the words from “section 77” to “(for Scotland)”, (c) for “provisions of the said Acts” substitute “ provisions of that Act ”, and (d) omit “the said section 77 or (for Scotland)”. (3) After paragraph 2 insert— 2A (1) Where under section 15(2)(a) an application, on being referred to the appropriate national authority, falls to be dealt with under the Town and Country Planning Act 1990, the appropriate national authority must decide the application as if it were an application for consent for the felling of trees made under tree preservation regulations. (2) In this paragraph, “the appropriate national authority” means— (a) the Secretary of State in relation to England; (b) the Welsh Ministers in relation to Wales. . (4) In paragraph 3— (a) for “the Town and Country Planning Acts” substitute “ the Town and Country Planning (Scotland) Act 1997 ”, and (b) for “the Town and Country Planning Act 1990 or (for Scotland) the Town and Country Planning (Scotland) Act 1997” substitute “ that Act ”. (5) After paragraph 3 insert— 3A Where under section 15(3)(a) an application, on being referred to an authority who have made a tree preservation order, falls to be dealt with under the Town and Country Planning Act 1990, the authority must decide the application as if it were an application for consent for the felling of trees made under tree preservation regulations. . Town and Country Planning Act 1990 (c. 8) 7 TCPA 1990 is amended as follows. 8 In section 198(7) (provisions subject to which section has effect), for “This section” substitute “ Tree preservation regulations ”. 9 In section 200(1) (tree preservation orders do not affect things done or approved by Forestry Commissioners), for “A tree preservation order does not” substitute “ Tree preservation regulations do not ”. 10 In section 202(2) (effect of order made by Secretary of State or Welsh Ministers), for the words from “have the same effect” to the end substitute “ , once it has taken effect in accordance with tree preservation regulations, have the same effect as if it had been made by the local planning authority under section 198(1). ” 11 In section 206(1) (duty to plant replacement tree)— (a) in paragraph (a), for “the order” substitute “ tree preservation regulations ”, and (b) in paragraph (b), for the words from “at a time” to the end of the paragraph substitute “ at a prescribed time, ”. 12 In section 207(1) (enforcement of duties to replace trees), in paragraph (b), for “a tree preservation order” substitute “ tree preservation regulations ”. 13 (1) Section 210 (penalties for non-compliance with tree preservation order) is amended as follows. (2) In subsection (1)— (a) for “a tree preservation order” substitute “ tree preservation regulations ”, (b) in paragraph (a) omit the “or” at the end, and (c) after paragraph (b) insert— or (c) causes or permits the carrying out of any of the activities in paragraph (a) or (b), . (3) In subsection (4), for “a tree preservation order” substitute “ tree preservation regulations ”. (4) In the side-note, for “order” substitute “ regulations ”. 14 In section 211 (preservation of trees in conservation areas)— (a) in subsection (1), for “which might by virtue of section 198(3)(a) be prohibited by a tree preservation order” substitute “ which might by virtue of section 202C be prohibited by tree preservation regulations ”, and (b) in subsection (4), for “a tree preservation order” substitute “ tree preservation regulations ”. 15 In section 212 (power to disapply section 211) omit subsection (4). 16 In section 213(1)(b) (duty to plant replacement tree in conservation area), for the words from “at a time” to the end of the paragraph substitute “ at a prescribed time, ”. 17 In section 284(3)(h)(i) (decision relating to an application for consent under a tree preservation order is an action to which the section applies), for “a tree preservation order” substitute “ tree preservation regulations ”. 18 In section 329(3B)(i) (section 329(1)(cc) does not apply to things done in connection with tree preservation orders), for “regulations under section 199” substitute “ tree preservation regulations ”. 19 In section 336(1) (interpretation) at the appropriate place insert— “tree preservation regulations” means regulations under section 202A(1); . Planning and Compensation Act 1991 (c. 34) 20 (1) Part 1 of Schedule 18 to the Planning and Compensation Act 1991 (compensation provisions that do not provide for interest) is amended as follows. (2) After the entry for section 186 of the Town and Country Planning Act 1990 (c. 8) insert— Section 202E of that Act | Date— any consent required by tree preservation regulations is refused, any such consent is granted subject to conditions, or any approval required under such a condition is refused. (3) Omit the entries for sections 203 and 204 of the Town and Country Planning Act 1990.
Propose a changeSection 196 Town and Country Planning Act 1990 (c. 8) 1 TCPA 1990 is amended as follows. 3 In section 78(5) (appeals against failure to take planning decisions)— (a) for “79(1)” substitute “ 79(1) and (3) ”, and (b) for “and 288(10)(b)” substitute “ , 288(10)(b) and 319A(7)(b) ”. 4 In section 79 (determination of appeals under section 78) for subsection (3) substitute— (3) Subsection (2) does not apply to— (a) an appeal referred to a Planning Inquiry Commission under section 101; or (b) an appeal against a decision of a local planning authority in England. 5 In section 175 (supplementary provisions about appeals against enforcement notices) after subsection (3) insert— (3A) Subsection (3) does not apply to an appeal against an enforcement notice issued by a local planning authority in England. 6 In section 176(4) (determination of appeals: disapplication of section 175(3))— (a) after “If” insert “ section 175(3) would otherwise apply and ”, and (b) after “subsection (3)” insert “ of this section ”. 7 In section 195(5) (appeals against failure to give decision on application under section 191 or 192) for “section 288(10)(b)” substitute “ sections 196(1A), 288(10)(b) and 319A(7)(d) ”. 8 (1) Amend section 196 (further provision as to appeals to Secretary of State under section 195) as follows. (2) After subsection (1) insert— (1A) Subsection (1) does not apply to an appeal against a decision of a local planning authority in England. (3) In subsection (2) for “such an appeal” substitute “ an appeal under section 195(1) ”. 10 In section 322 (orders as to costs of parties where no local inquiry held) after subsection (1) insert— (1A) This section also applies to proceedings under this Act to which section 319A applies. 11 In section 322A (orders as to costs: supplementary) after subsection (1) insert— (1A) This section also applies where— (a) arrangements are made for a local inquiry or a hearing to be held pursuant to a determination under section 319A; (b) the inquiry or hearing does not take place; and (c) if it had taken place, the Secretary of State or a person appointed by the Secretary of State would have had power to make an order under section 250(5) of the Local Government Act 1972 requiring any party to pay any costs of any other party. 12 (1) Amend section 323 (procedure on certain appeals and applications) as follows. (2) After subsection (1) insert— (1A) The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act which, pursuant to a determination under section 319A, are to be considered on the basis of representations in writing. (3) In subsections (2) and (3) for “The regulations may” substitute “ Regulations under this section may ”. (4) In subsection (2)(a) for “such an inquiry or hearing” substitute “ an inquiry or hearing to which rules under section 9 of the Tribunals and Inquiries Act 1992 would apply ”. 13 (1) Amend section 333 (regulations and orders) as follows. (2) In subsection (4) for “and 319” substitute “ , 319 and 319A(9) ”. (3) After subsection (5) insert— (5A) No order may be made under section 319A(9) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament. 14 (1) Amend Schedule 6 (determination of certain appeals by person appointed by Secretary of State) as follows. (2) In paragraph 2 for sub-paragraph (5) substitute— (5) Sub-paragraph (2) does not apply— (a) in the case of an appeal to which section 319A applies; or (b) in the case of an appeal under section 78 if the appeal is referred to a Planning Inquiry Commission under section 101. (3) After sub-paragraph (9) of that paragraph insert— (10) Sub-paragraph (9) does not apply to references to the Secretary of State in section 319A (powers and duties of the Secretary of State in relation to the determination of procedure for certain proceedings). (4) In paragraph 3 for sub-paragraph (5) substitute— (5) Sub-paragraph (4) does not apply— (a) in the case of an appeal to which section 319A applies; or (b) in the case of an appeal under section 78 if the appeal is referred to a Planning Inquiry Commission under section 101. (5A) In the case of an appeal to which section 319A applies, the Secretary of State must give the appellant, the local planning authority and any person who has made any representations mentioned in sub-paragraph (2) an opportunity to make further representations if the reasons for the direction raise matters with respect to which any of those persons have not made representations. (5) In sub-paragraph (6) of that paragraph after “(4)” insert “ or (5A) ”. (6) In paragraph 6 after sub-paragraph (1) insert— (1A) Sub-paragraph (1) does not apply in the case of an appeal to which section 319A applies; but an appointed person may hold a hearing or local inquiry in connection with such an appeal pursuant to a determination under that section. (7) In sub-paragraph (2)(a) of that paragraph after “2(4)” insert “ or this paragraph ”.
Propose a changeSection 197 Town and Country Planning Act 1990 (c. 8) 1 TCPA 1990 is amended as follows. 2 In section 78 (appeals against planning decisions and failure to take planning decisions) after subsection (4) insert— (4A) A notice of appeal under this section must be accompanied by such information as may be prescribed by a development order. (4B) The power to make a development order under subsection (4A) is exercisable by— (a) the Secretary of State, in relation to England; (b) the Welsh Ministers, in relation to Wales. (4C) Section 333(5) does not apply in relation to a development order under subsection (4A) made by the Welsh Ministers. (4D) A development order under subsection (4A) made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 3 In section 195 (appeals against refusal or failure to give decision on application under section 191 or 192) before subsection (2) insert— (1B) A notice of appeal under this section must be— (a) served within such time and in such manner as may be prescribed by a development order; (b) accompanied by such information as may be prescribed by such an order. (1C) The time prescribed for the service of a notice of appeal under this section must not be less than— (a) 28 days from the date of notification of the decision on the application; or (b) in the case of an appeal under subsection (1)(b), 28 days from— (i) the end of the period prescribed as mentioned in subsection (1)(b), or (ii) as the case may be, the extended period mentioned in subsection (1)(b). (1D) The power to make a development order under subsection (1B) is exercisable by— (a) the Secretary of State, in relation to England; (b) the Welsh Ministers, in relation to Wales. (1E) Section 333(5) does not apply in relation to a development order under subsection (1B) made by the Welsh Ministers. (1F) A development order under subsection (1B) made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 4 (1) Section 208 (appeals against notices under section 207) is amended as follows. (2) For subsection (4) substitute— (4) The notice shall— (a) indicate the grounds of the appeal, (b) state the facts on which the appeal is based, and (c) be accompanied by such information as may be prescribed. (4A) The power to make regulations under subsection (4)(c) is exercisable by— (a) the Secretary of State, in relation to England; (b) the Welsh Ministers, in relation to Wales. (4B) Section 333(3) does not apply in relation to regulations under subsection (4)(c) made by the Welsh Ministers. (4C) Regulations under subsection (4)(c) made by the Welsh Ministers are subject to annulment in pursuance of a resolution of the National Assembly for Wales. (3) In subsection (5) for “any such appeal” substitute “ an appeal under subsection (1) ”. Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) 5 In section 21 of the Listed Buildings Act (appeals: supplementary provisions) after subsection (7) insert— (8) Regulations under this Act may provide for an appeal under section 20 to be accompanied by such other information as may be prescribed. (9) The power to make regulations under subsection (8) is exercisable by— (a) the Secretary of State, in relation to England; (b) the Welsh Ministers, in relation to Wales. (10) Section 93(3) does not apply in relation to regulations under subsection (8) made by the Welsh Ministers. (11) Regulations under subsection (8) made by the Welsh Ministers are subject to annulment in pursuance of a resolution of the National Assembly for Wales. Planning (Hazardous Substances) Act 1990 (c. 10) 6 In section 21 of the Hazardous Substances Act (appeals against decisions and failure to take decisions relating to hazardous substances) after subsection (3) insert— (3A) A notice of appeal under this section must be accompanied by such information as may be prescribed. (3B) The power to make regulations under subsection (3A) is exercisable by— (a) the Secretary of State, in relation to England; (b) the Welsh Ministers, in relation to Wales. (3C) Section 40(3) does not apply in relation to regulations under subsection (3A) made by the Welsh Ministers. (3D) Regulations under subsection (3A) made by the Welsh Ministers are subject to annulment in pursuance of a resolution of the National Assembly for Wales.
Propose a changeSection 236 1 Section 5(10) applies as if the reference to Part 11 of TCPA 1990 were a reference to Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8). 2 Section 14 applies as if— (a) in subsection (1)— (i) the words “any of the following” were omitted, and (ii) paragraphs (a) to (f) and (h) to (q) were omitted, and (b) in subsection (2) for “sections 15 to 30A ” there were substituted “ section 21 ”. 3 Section 32 applies as if— (a) in subsection (1)— (i) the reference to TCPA 1990 were a reference to section 26 of the Town and Country Planning (Scotland) Act 1997, and (ii) the words “This is subject to subsections (2) and (3).” were omitted, and (b) subsections (2) to (4) were omitted. 4 Section 33 applies as if— (a) in subsection (1)— (i) for “none of the following is” there were substituted “the following are not”, and (ii) paragraphs (b) and (d) to (j) were omitted, ... (b) paragraphs (a) to (c) of subsection (2), and subsections (3) and (4), were omitted, and (c) in subsection (7) “Act” includes an Act of the Scottish Parliament. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 52 applies as if— (a) in subsection (2)(c), the words from “or” to the end were omitted, (b) in subsection (3)(b)— (i) the reference to a freeholder were a reference to an owner, and (ii) the reference to a mortgagee were a reference to a heritable creditor, ... (c) in subsection (11), references to section 5(1) of the Compulsory Purchase Act 1965 (c. 56) were references to section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19). (d) in subsection (14) for paragraph (a) there were substituted— (a) a claim arising by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42); , and (e) in subsection (14)(b) the reference to Part 1 of the Land Compensation Act 1973 were a reference to Part 1 of the Land Compensation (Scotland) Act 1973. 7 Section 53 applies as if— (za) in subsection (1A), the reference to an Act included an Act of the Scottish Parliament, (zb) in subsections (4B) and (4E), the references to a justice of the peace were references to a sheriff or summary sheriff, (a) in subsection (7), the reference to chattels were a reference to moveable property, (b) in subsection (8), the reference to the Upper Tribunal werea reference to the Lands Tribunal for Scotland, ... (ba) in subsection (8A)— (i) the reference to section 4 of the Land Compensation Act 1961 were a reference to sections 9 and 11 of the Land Compensation (Scotland) Act 1963, and (ii) the reference to section 1 of the Land Compensation Act 1961 were a reference to section 8 of the Land Compensation (Scotland) Act 1963, and (c) in subsection (11), in the definition of “statutory undertakers”, the reference to Part 11 of TCPA 1990 were a reference to Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8). 8 Section 57 applies as if— (a) in subsection (2)(b), the words from “or” to the end were omitted, (b) in subsection (3), references to section 5(1) of the Compulsory Purchase Act 1965 were references to section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, and (c) in subsection (6)— (i) for paragraph (a) there were substituted— (a) a claim arising by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) , and (ii) in paragraph (b), the reference to Part 1 of the Land Compensation Act 1973 (c. 26) were a reference to Part 1 of the Land Compensation (Scotland) Act 1973 (c. 56). 9 Section 58 applies as if— (a) for subsection (6) there were substituted— (6) Summary proceedings relating to an offence under this section may be commenced regardless of when the contravention occurred. , and (b) in subsection (7), the reference to section 127 of the Magistrates' Courts Act 1980 (c. 43) were a reference to section 136 of the Criminal Procedure (Scotland) Act 1995 (c. 46). 9A Section 102B applies as if— (a) in subsection (2)(b), the words from “or” to the end were omitted, (b) in subsection (3), references to section 5(1) of the Compulsory Purchase Act 1965 were references to section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, and (c) in subsection (5)— (i) for paragraph (a) there were substituted— (a) a claim arising by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ; and (ii) in paragraph (b), the reference to Part 1 of the Land Compensation Act 1973 were a reference to Part 1 of the Land Compensation (Scotland) Act 1973. 10 Section 120(6) applies as if the references to an Act included references to an Act of the Scottish Parliament. 11 Section 127(8) applies as if, for the definition of “statutory undertakers” there were substituted— “statutory undertakers” has the meaning given by section 214 of the Town and Country Planning (Scotland) Act 1997 and also includes the undertakers— (a) which are deemed to be statutory undertakers for the purposes of that Act, by virtue of another enactment; (b) which are statutory undertakers for the purposes of paragraphs 9 and 10 of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) (see paragraph 10A of that Schedule). 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 130 applies as if— (a) in subsection (4), the references to section 21 of the National Trust Act 1907 (c. cxxxvi) and section 8 of the National Trust Act 1939 (c. lxxxvi) were references to section 22 of the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935 (c. ii), and (b) in subsection (5), for the definition of “the National Trust” there were substituted— “the National Trust” means the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935 (c. ii) . 15 Section 131 applies as if— (a) in subsection (1), for “, open space or fuel or field garden allotment” there were substituted “ or open space ”, and (b) in subsection (12), for the words from “common” to “1981” there were substituted— “common” includes any town or village green; “open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;”. 16 Section 132 applies as if— (a) in subsection (1), for “, open space or fuel or field garden allotment” there were substituted “ or open space ”, and (b) in subsection (12), for the words from “common” to “1981” there were substituted— “common” and “open space” have the same meanings as in section 131 (as modified by paragraph 15 of Schedule 12);”. 17 Section 134 applies as if— (a) for subsection (4) there were substituted— (4) This subsection applies to— (a) an owner, lessee, tenant (whatever the tenancy period) or occupier of the order land, (b) a person known by the prospective purchaser (after diligent inquiry)— (i) to be interested in the order land, or (ii) to have power to sell and convey the order land, (c) a person who, if the order were fully implemented, the prospective purchaser thinks would or might be entitled— (i) as a result of the implementing of the order, (ii) as a result of the order's having been implemented, or (iii) as a result of use of the order land once the order has been implemented, to make a relevant claim. (4A) In subsection (4)(c) “relevant claim” means a claim arising by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42). (4B) An expression that appears in subsection (4)(b) of this section and also in section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19) has in subsection (4)(b) the meaning that it has in section 17 of that Act. , and (b) in subsection (7)(d) the words “only in accordance with section 118” were omitted. 18 Section 138(4A) applies as if the reference to Part 11 of TCPA 1990 were a reference to Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8). 19 Section 151 applies as if— (a) for paragraph (c), there were substituted— (c) section 10 of the Water (Scotland) Act 1980 (compensation for damage resulting from exercise of statutory powers) , and (b) paragraph (d) were omitted. 20 Section 152 applies as if— (a) in subsection (4), the reference to the Upper Tribunal were a reference to the Lands Tribunal for Scotland, (b) for subsections (5) and (6) there were substituted— (5) Section 6 of the Railway Clauses Consolidation (Scotland) Act 1845 (which makes the construction of the railway subject to that Act and the Lands Clauses Consolidation (Scotland) Act 1845) applies in relation to authorised works as it applies in relation to the construction of a railway. (6) Any rule or principle applied to the construction of section 6 of the Railway Clauses Consolidation (Scotland) Act 1845 must be applied to the construction of subsection (3) of this section (with any necessary modifications). , and (c) in subsection (7)— (i) the reference to Part 1 of the Land Compensation Act 1973 were a reference to Part 1 of the Land Compensation (Scotland) Act 1973, and (ii) in paragraph (c), for “17” there were substituted “ 15 ”. 21 Section 164 applies as if the references to a justice of the peace were references to a sheriff. 22 Section 165 applies as if— (a) in subsection (4), the reference to chattels were a reference to moveable property, (b) in subsection (5), the reference to theUpper Tribunal werea reference to the Lands Tribunal for Scotland, and (c) in subsection (6), the reference to section 4 of the Land Compensation Act 1961 (c. 33) were a reference to sections 9 and 11 of the Land Compensation (Scotland) Act 1963 (c. 51). 23 Section 170 applies as if— (a) in subsection (3)— (i) for the words from “the”, where it first occurs, to “(c.49)” there were substituted “ subsections (5) to (9) of section 135 of the Town and Country Planning (Scotland) Act 1997 (c. 8) (which relate to the execution and cost of certain works) ”, and (ii) the words from “section 276” to the end were omitted, (b) in subsection (4), for “section 289” there were substituted “ subsection (5) of section 135 ”, and (c) subsection (5) were omitted. 24 Section 171 applies as if— (a) the references to an injunction were references to an interdict, and (b) in subsection (4), the references to the High Court and the county court were references to the Court of Session and the sheriff. 25 Section 229(5) applies as if the reference to section 233 of the Local Government Act 1972 (c. 70) were a reference to section 192 of the Local Government (Scotland) Act 1973 (c. 65). 26 Section 235 applies as if— (a) for the definition of “building” there were substituted— “building” has the meaning given by section 277(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8); , (b) for the definition of “land” there were substituted— “land” includes land covered with water and any building (as defined in section 277(1) of the Town and Country Planning (Scotland) Act 1997) and in relation to Part 7 must be read in accordance with section 159; , (c) for the definition of “local planning authority” there were substituted— “local planning authority” means a planning authority within the meaning of section 1 of the Town and Country Planning (Scotland) Act 1997; , (d) in the definition of “planning permission”, the reference to Part 3 of TCPA 1990 were a reference to Part 3 of the Town and Country Planning (Scotland) Act 1997, and (e) in the definition of “use”, the reference to section 336(1) of TCPA 1990 were a reference to section 277(1) of the Town and Country Planning (Scotland) Act 1997. 27 Part 1 of Schedule 5 applies as if paragraphs 4 to 6, 8, 9, 16 to 32 , 32B(1)(a), (b) and (d) and 38 were omitted.
Propose a changeSection 238 Reference | Extent of repeal Forestry Act 1967 (c. 10) | In paragraph 2 of Schedule 3— the words from “section 77” to “(for Scotland)”, and “the said section 77 or (for Scotland)”. Town and Country Planning Act 1990 (c. 8) | Section 61A(1). Section 198(3), (4), (6), (8) and (9). Section 199. Section 201. Section 202(3). Sections 203 to 205. Section 212(4). In section 284(3)(a), “for planning permission”. In Schedule 1, paragraph 17. In Schedule 1A, paragraph 9. In Schedule 4A, paragraph 2(4) and (5). Environmental Protection Act 1990 (c. 43) | In Schedule 13, paragraph 10. Planning and Compensation Act 1991 (c. 34) | Section 6(6). In Schedule 18, in Part 1, the entries for sections 203 and 204 of the Town and Country Planning Act 1990. Planning and Compulsory Purchase Act 2004 (c. 5) | Section 15(2)(a) and (c). Section 17(1) and (2). Section 18(4) to (6). Section 42(3). Sections 46 to 48. Section 53. Section 122(5)(a). In section 122(6), “(a),”. In Schedule 6, paragraph 5. Greater London Authority Act 2007 (c. 24) | Section 36.
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