41 Publication of decisions and time for bringing challenge
(1) The Transport and Works Act 1992 is amended as follows.
(2) In section 14 (publicity for making or refusal of order)—
(a) in subsection (1), for paragraphs (b) and (c) substitute
and
(b) publish the notice on a government website.
;
(b) in subsection (2), for “(1)(a)” substitute “(1)”;
(c) omit subsection (2A);
(d) in subsection (3A), for “notices” substitute “notice”;
(e) for subsection (3AA) substitute—
(3AA) If the determination is for the making of an EIA order, the notice under subsection (1) must include the information specified in subsection (3AB).
;
(f) in subsection (4)—
(i) for “a notice” substitute “a copy of the notice under subsection (1)”;
(ii) omit the words from “; and” to the end.
(3) In section 22(1) (period for challenging order), for the words from “within” to “published” substitute “before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination to make the order is first published under section 14(1)(b)”.
(4) In consequence of those amendments—
(a) in section 12(3)(c) (modification of section 22(1) where special parliamentary procedure applies), for “the notice required by section 14(1)(b) is published” substitute “notice is first published under section 14(1)(b)”;
(b) in section 13(5) (date of operation of order), for the words from “the notice” to “published” substitute “notice of the determination to make the order is first published under section 14(1)(b)”.
(5) The amendments made by this section do not apply in relation to a determination made before this section comes into force or any order made further to such a determination.
After section 23 of the Transport and Works Act 1992 insert—
Fees for certain services in connection with orders
23A (1) The appropriate national authority may by regulations make provision for, or in connection with, the charging of fees to applicants under section 6 by prescribed public authorities, in relation to the provision of relevant services.
(2) A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided, whether or not to an applicant under section 6, in connection with—
(a) an application under section 6, or
(b) any other prescribed matter relating to an order, or proposed order, under section 1 or 3.
(3) Regulations made under subsection (1) may, in particular, make provision—
(a) about when a fee (including a supplementary fee) may, and may not, be charged;
(b) about the amount which may be charged;
(c) about what may, and may not, be taken into account in calculating the amount charged;
(d) about when a fee charged is payable;
(e) about the recovery of fees charged;
(f) about waiver, reduction or repayment of fees;
(g) about the effect of paying or failing to pay fees charged (including provision permitting a prescribed public authority to withhold a relevant service that it would otherwise be required to provide under an enactment until any outstanding fees for that service are paid);
(h) for the supply of information for any purpose of the regulations;
(i) conferring a function, including a function involving the exercise of a discretion, on any person.
(4) A prescribed public authority must have regard to—
(a) any guidance published by the Secretary of State in relation to the exercise of the authority’s functions under regulations made under this section by the Secretary of State;
(b) any guidance published by the Welsh Ministers in relation to the exercise of the authority’s functions under regulations made under this section by the Welsh Ministers.
(5) Regulations under this section may make—
(a) different provision for different purposes or areas;
(b) incidental, consequential, supplementary, transitional or transitory provision or savings.
(6) Regulations under this section are to be made by statutory instrument.
(7) A statutory instrument containing regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(8) A statutory instrument containing regulations made by the Welsh Ministers under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.
(9) In this section—
“appropriate national authority” means—
in relation to England and cross-border orders, the Secretary of State, and
in relation to Wales but not cross-border orders, the Welsh Ministers;
“cross-border order” means an order under section 1 or 3 that has effect both in England and in Wales;
“prescribed” means prescribed by regulations made by the appropriate national authority under this section;
“public authority” means any person certain of whose functions are of a public nature.
(1) In the Transport and Works Act 1992, after section 19 insert—
Deemed consent under marine licences
19A (1) An order of the Secretary of State under section 1 or 3 may include provision deeming a marine licence to have been granted by the Secretary of State for activities specified in the order (being activities for which the Secretary of State is the appropriate licensing authority).
(2) Activity specified under subsection (1) must be carried out wholly in one or more of these areas—
(a) England;
(b) waters adjacent to England up to the seaward limits of the territorial sea;
(c) an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;
(d) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;
(e) an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.
(3) An order of the Welsh Ministers under section 1 or 3 may include provision deeming a marine licence to have been granted by the Welsh Ministers for activities specified in the order (being activities for which the Welsh Ministers are the appropriate licensing authority).
(4) An order including provision under subsection (1) or (3) may also include provision—
(a) deeming the licence to have been granted subject to such conditions as may be specified in the order;
(b) deeming any such conditions to have been attached to the marine licence by the Secretary of State or (as the case may be) the Welsh Ministers under Part 4 of the MCAA 2009.
(5) If an order includes provision of the sort mentioned in paragraphs (a) and (b) of subsection (4), sections 68 (notice of applications) and 69(3) and (5) (representations) of the MCAA 2009 do not apply in relation to the deemed marine licence.
(6) In this section—
“the appropriate licensing authority” has the meaning given by section 113 of the MCAA 2009;
“exclusive economic zone” has the meaning given by section 322(1) of the MCAA 2009;
“marine licence” means a marine licence under Part 4 of the MCAA 2009;
“the MCAA 2009” means the Marine and Coastal Access Act 2009;
“Renewable Energy Zone” has the meaning given by section 84(4) of the Energy Act 2004.
(7) For the purposes of this section, waters are to be treated as adjacent, or as not adjacent, to England if they would be so treated for the purposes of section 113 of the MCAA 2009 as a result of sections 322(4) to (9) of that Act.
(2) The amendments made by this section do not apply in relation to an order applied for under section 6 of the Transport and Works Act 1992 if rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with in respect of the application before this section comes into force.
45 Authorisation of applications by local authorities
(1) In section 20 of the Transport and Works Act 1992 (power to apply for or object to orders)—
(a) in subsection (2), omit “by subsection (3) or (4)”;
(b) after subsection (4) insert—
(5) In the case of a local authority to which section 239 of the Local Government Act 1972 applies, a resolution to make an application passed, by virtue of this section, in accordance with subsection (2)(a) of that section does not need to be confirmed in accordance with subsection (2)(b) of that section.
(2) The amendments made by this section do not apply in relation to an application or objection that is the subject of a resolution under section 239(2)(a) of the Local Government Act 1972 passed before this section comes into force.
The amendments made to the Transport and Works Act 1992 by the following provisions are extended to Scotland—
(a) Schedule 3 to the Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070);
(b) regulation 4(3) and (4) of the Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311).
(1) The Secretary of State may by regulations made by statutory instrument make provision that is consequential on sections 36 to 46.
(2) Regulations under this section may amend—
(a) an Act, or
(b) an Act or Measure of Senedd Cymru,
passed before the end of the session of Parliament in which this Act is passed.
(3) Regulations under this section may include incidental, supplemental, transitional and saving provision.
(4) A statutory instrument containing (whether alone or with other provision) regulations made in reliance on subsection (2) may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
(5) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision orders and harbour empowerment orders) is amended as set out in subsections (2) to (4).
(2) In paragraph 7(1) (things to accompany applications)—
(a) after paragraph (a) insert “and”;
(b) omit paragraph (c) and the preceding “and”.
(3) In paragraph 9 (duty not to consider application unless certain requirements met), omit sub-paragraph (a).
(4) After paragraph 9 insert—
Fees
9A (1) The Secretary of State may, by regulations, provide for fees to be payable by applicants for harbour revision orders.
(2) Such regulations may—
(a) provide for the amount of a fee to be determined by a method laid down in the regulations;
(b) empower or require the Secretary of State not to take steps in relation to an application if a fee is not paid on time;
(c) provide for the payment of a deposit on account of a fee that will or may become payable (in which case paragraphs (a) and (b) apply to the deposit as they apply to the fee);
(d) make incidental or supplemental provision;
(e) make different provision for different purposes.
(5) In section 54 of the Harbours Act 1964 (orders and regulations), after subsection (6) insert—
(7) As to the power to make regulations under paragraph 9A of Schedule 3 (fees for applications)—
(a) where the power is exercised by the Secretary of State—
(i) the regulations are to be made by statutory instrument, and
(ii) a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament;
(b) where the power is exercised by the Welsh Ministers (see section 17(2C))—
(i) the regulations are to be made by statutory instrument, and
(ii) a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of Senedd Cymru;
(c) where the power is exercised by the Scottish Ministers (see section 17(2C)), the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
(1) Section 48 of the New Roads and Street Works Act 1991 (streets, street works and undertakers) is amended as set out in subsections (2) to (5).
(2) After subsection (3), insert—
(3ZA) In this Part “street works” also includes works of any of the following kinds executed in a street in England in pursuance of a street works permit—
(a) placing apparatus that is a public charge point, or
(b) inspecting, maintaining, adjusting, repairing, altering, renewing, changing the position of or removing apparatus that is a public charge point,
or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).
(3) In subsection (3A), in the words before paragraph (a), after “(3)” insert “or (3ZA)”.
(4) In subsection (4)—
(a) for “in relation to street works” substitute
—
(a) in relation to street works mentioned in subsection (3),
;
(b) at the end insert—
(b) in relation to street works described in subsection (3ZA), means the person who in accordance with the street works permit is permitted to carry out the works.
(5) In subsection (5)—
(a) from “are to” to “licence” substitute
(including public charge points) are to the person entitled, by virtue of—
(a) a statutory right,
(b) a street works licence, or
(c) where the apparatus is a public charge point installed in England in pursuance of a street works permit, the permit,
;
(b) after (3) insert “or (3ZA)”.
(6) In section 51 of that Act (prohibition of unauthorised street works), in subsection (3) for “works for” to the end substitute
—
(a) works for road purposes,
(b) emergency works of any description, or
(c) street works as described in section 48(3ZA) (works relating to public charge points executed in a street in England in pursuance of a street works permit).
(7) In section 105(1) of that Act (minor definitions)—
(a) at the appropriate places insert—
“public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public;
;
“street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004;
;
(b) in the definition of “statutory right”, for the words from “a right exercisable” to the end substitute—
(a) a right exercisable by virtue of a street works licence, or
(b) a right, exercisable by virtue of a street works permit, to carry out street works described in section 48(3ZA).
(8) In section 106 of that Act (index of defined expressions)—
(a) at the appropriate places insert—
public charge point | section 105(1)
;
street works permit | section 105(1)
.
(b) in the entry for “street works”, after “48(3)” insert “and (3ZA)”.
(9) In section 115E of the Highways Act 1980 (execution of works and use of objects etc. by persons other than councils)—
(a) in subsection (1), for “(5)” substitute “(6)”;
(b) after subsection (5) insert—
(6) A council may not under this section grant a person permission to do anything relating to a public charge point in England which is capable of being authorised by a street works permit or a street works licence.
(7) In this section—
“public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public;
“street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004.
(1) Section 303 of the Town and Country Planning Act 1990 (fees for planning applications etc) is amended as set out in subsections (2) to (5).
(2) After subsection (5) insert—
(5A) Regulations made by the Secretary of State under subsection (1) or (2) may authorise or require a local planning authority in England to set the level of a fee or charge.
(5B) Regulations under subsection (1ZA) may authorise or require the Mayor of London or a specified person to set the level of a fee or charge.
(5C) Provision made in reliance on subsection (5A) or (5B) must include provision about—
(a) consultation to be carried out in relation to the setting of the level of a fee or charge;
(b) the criteria to be applied when setting the level of a fee or charge;
(c) publication of information or reports;
(d) obligations to notify the Secretary of State;
(e) reviews of the level of a fee or charge.
(3) After subsection (8A) insert—
(8B) Where—
(a) a local planning authority in England, the Mayor of London or a specified person calculates the amount of a fee or charge in pursuance of regulations under subsection (1) or (1ZA), or
(b) a local planning authority in England, the Mayor of London or a specified person sets the level of a fee or charge in pursuance of regulations under subsection (1), (1ZA) or (2),
the fee or charge must be calculated or set with a view to ensuring that, so far as possible, it does not exceed the cost of carrying out the function in respect of which it is imposed.
(8C) A local planning authority in England, the Mayor of London or a specified person must secure that their income from fees or charges paid in pursuance of regulations made under subsection (1), (1ZA) or (2) is applied towards the carrying out of functions that the authority, Mayor or person has that fall within subsection (8D).
(8D) The functions that fall within this subsection are—
(a) functions under—
(i) Part 3,
(ii) in Part 7, section 191 or 192, or
(iii) Part 8;
(b) in the case of the Mayor of London, functions under section 2A and related functions under sections 2B to 2F;
(c) functions under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
(d) functions under section 17 of the Land Compensation Act 1961;
(e) functions specified for the purposes of this paragraph in regulations made by the Secretary of State,
other than functions in connection with applications made in legal proceedings.
(4) In subsection (10), after “planning authority” insert “in Wales”.
(5) Omit subsection (10A).
(6) After section 303 of the Town and Country Planning Act 1990 insert—
Directions in relation to fees set by English local planning authorities etc
303ZZA (1) This section applies where—
(a) by virtue of section 303(5A) or (5B), a local planning authority in England, the Mayor of London or a specified person (a “charging authority”) has set or is proposing to set its own fee or charge in respect of a matter, and
(b) the Secretary of State considers that the fee or charge is set or proposed to be set at a level that is not appropriate.
(2) The Secretary of State may direct the charging authority to review the level of the fee or charge.
(3) A charging authority to which a direction is given under subsection (2) must—
(a) review the fee or charge, and
(b) notify the Secretary of State of its decision as a result of the review, giving reasons.
(4) Subsection (5) applies where—
(a) a charging authority fails to comply with subsection (3), or
(b) a charging authority complies with that subsection but the Secretary of State considers that the fee or charge remains set at a level that is not appropriate.
(5) The Secretary of State may direct that the fee or charge is to be of such amount as may be specified in, or determined in accordance with, the direction.
(6) The Secretary of State may by regulations make provision—
(a) about the time by which any requirement imposed by or under this section must be complied with;
(b) about the fee or charge that is to apply while a charging authority reviews a fee or charge following a direction under subsection (2);
(c) about repayment of the whole or part of any fee or charge where the level of the fee or charge is reduced as a result of a direction under subsection (2) or (5).
(7) In this section “specified person” has the same meaning as in section 303.
In the Town and Country Planning Act 1990, after section 303ZZA (inserted by section 51) insert—
Surcharge on planning fees
303ZZB (1) The Secretary of State may by regulations make provision for a surcharge to be imposed on a fee or charge paid—
(a) to a local planning authority in England under section 303(1) or (2),
(b) to the Mayor of London or a specified person under section 303(1ZA), or
(c) to the Secretary of State under section 303(1A), (2), (3) or (4A).
(2) Where regulations under subsection (1) provide for a surcharge to be imposed on a fee or charge paid to a person other than the Secretary of State, that person must pay to the Secretary of State the amount they receive from any surcharges—
(a) subject to such deductions, and
(b) at the times and in the manner,
as set out in regulations under subsection (1).
(3) Regulations under subsection (1) may—
(a) specify the level of the surcharge as a percentage of the level of a fee or charge;
(b) make different provision for different purposes, including setting different levels of surcharge for different fees, charges, cases or circumstances.
(4) Regulations under subsection (1) may provide that where the level of the fee or charge has been set by—
(a) a local planning authority under section 303(5A), or
(b) the Mayor of London or a specified person under section 303(5B),
the surcharge may be set as a percentage of the fee or charge that would be payable had the level of the fee or charge not been so set.
(5) The Secretary of State must list in regulations the persons whose relevant costs the surcharge is intended to cover (“listed persons”).
(6) In setting the level of the surcharge, the Secretary of State must have regard to the relevant costs of the listed persons, and must secure that, taking one financial year with another, the income from the surcharge does not exceed the relevant costs of the listed persons.
(7) In subsections (5) and (6), “relevant costs” means the costs of providing advice, information or assistance (including the provision of a response to a consultation) in connection with—
(a) applications,
(b) proposed applications, or
(c) proposals for a permission, approval or consent,
that are made under or for the purposes of the planning Acts and that relate to land in England.
(8) Regulations under subsection (1) may set the surcharge at a level that exceeds the costs of listed persons of providing advice, information or assistance in connection with the application, proposed application or proposal in respect of which the surcharge is imposed.
(9) Paragraphs (a) to (f) of section 303(5) apply to regulations under this section as they apply to regulations under subsection (1), save that references to a fee or charge are to be read as references to the surcharge.
(10) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
53 Training for local planning authorities in England
In the Town and Country Planning Act 1990, after section 319 insert—
England: training in the exercise of certain planning functions
Training: local planning authorities in England
319ZZA (1) The Secretary of State may by regulations make provision for and in connection with the training of members of local planning authorities in their exercise of such relevant planning functions as are prescribed.
(2) Such regulations must provide for satisfactory completion of the training to be evidenced by a certificate valid for a prescribed period (a “certificate of completion”).
(3) A member of a local planning authority who does not hold a valid certificate of completion is prohibited from—
(a) exercising the prescribed relevant planning functions on behalf of a local planning authority, or
(b) being involved in exercising the prescribed relevant planning functions on behalf of a local planning authority as a member of a committee or any other body.
(4) Regulations under subsection (1) may, in particular—
(a) provide for accreditation by the Secretary of State of—
(i) courses of training, and
(ii) persons providing such courses;
(b) impose requirements as to record-keeping, including by imposing such requirements on a training provider.
(5) Regulations under subsection (1) must require a local planning authority to publish on their website which of their members hold valid certificates of completion.
(6) The validity of anything done in the exercise of a prescribed relevant planning function is not affected by any breach of subsection (3).
(7) In this section—
(a) references to a local planning authority are to a local planning authority in England;
(b) references to a member of a local planning authority include a person who (though not a member of a local planning authority) is an appointed member of a committee or sub-committee of a local planning authority.
(8) This section applies in relation to a relevant planning function conferred on a mineral planning authority as if references to a local planning authority were to a mineral planning authority in England.
(9) In this section, “relevant planning function” means—
(a) a function under—
(i) Part 3;
(ii) in Part 7, sections 191(4) and 192(2);
(iii) Part 8;
(iv) in Part 10, section 257;
(b) a function under section 17 of the Land Compensation Act 1961;
(c) a function under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
(d) a function of imposing or amending any condition, limitation or other restriction on a permission, approval or consent required by or under an enactment specified in paragraph (a) or (c);
(e) an enforcement function exercisable in relation to—
(i) development carried out without a permission, approval or consent required by or under an enactment specified in paragraph (a) or (c), or
(ii) a failure to comply with any condition, limitation or other restriction of any such permission, approval or consent.
(10) In subsection (9) any reference to a function under an enactment includes a function under an instrument made under the enactment.
Training: certain mayoral planning functions
319ZZB (1) The Secretary of State may by regulations make provision for and in connection with the training of persons who may exercise relevant mayoral planning functions in their exercise of such relevant mayoral planning functions as are prescribed.
(2) Such regulations must provide for satisfactory completion of the training to be evidenced by a certificate valid for a prescribed period (a “certificate of completion”).
(3) A mayor is prohibited from exercising the prescribed relevant mayoral planning functions without a valid certificate of completion.
(4) A person who is authorised (by or under any enactment or by arrangements made by a mayor) to exercise a prescribed relevant mayoral planning function on behalf of a mayor is prohibited from exercising such a function, or being involved in the exercise of such a function as a member of a committee or any other body, without a valid certificate of completion.
(5) Regulations under subsection (1) may, in particular—
(a) provide for accreditation by the Secretary of State of—
(i) courses of training, and
(ii) persons providing such courses;
(b) impose requirements as to record-keeping, including by imposing such requirements on a training provider.
(6) The validity of anything done in the exercise of a prescribed relevant mayoral planning function is not affected by any breach of subsection (3) or (4).
(7) In subsections (3) and (4), references to a mayor are to—
(a) the Mayor of London,
(b) a mayor for the area of a combined authority, and
(c) a mayor for the area of a combined county authority.
(8) In this section “relevant mayoral planning function” means—
(a) any of the functions of the Mayor of London specified in subsection (9), and
(b) any functions of a mayor for the area of a combined authority or a mayor for the area of a combined county authority which correspond to the functions of the Mayor of London specified in subsection (9).
(9) The functions of the Mayor of London referred to in subsection (8) are as follows—
(a) the function of—
(i) giving a direction under section 2A(1) or (1B);
(ii) giving a direction under section 74(1B)(a);
(b) the function of determining an application by virtue of section 2A or 2B, and related functions under sections 2C and 2F;
(c) a function under section 2E;
(d) the function of making a Mayoral development order under section 61DA;
(e) a function exercisable in connection with a Mayoral development order.
(10) In this section—
“combined authority” means a combined authority established under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009;
“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
(1) In the Town and Country Planning Act 1990, after section 319ZZB (inserted by section 53) insert—
England: discharge of functions of local planning authority
Requirement for functions to be discharged by committee, sub-committee or officer
319ZZC (1) The Secretary of State may by regulations require a relevant local planning authority to make arrangements under section 101 of the 1972 Act for such relevant planning functions as are prescribed—
(a) to be discharged by a committee, sub-committee or officer of the authority;
(b) to be discharged by a committee, sub-committee or officer of the authority in prescribed circumstances.
(2) The regulations may —
(a) prescribe the terms of the arrangements (which may include exceptions) and any permitted variations in those terms;
(b) provide for the arrangements to confer a discretion on any person in connection with the delegation of a function.
(3) Where arrangements required by the regulations are in force in relation to a relevant planning function, the function may only be exercised in accordance with the arrangements (and section 101(4) of the 1972 Act does not apply).
Size and composition of committee discharging functions
319ZZD (1) The Secretary of State may by regulations prescribe requirements relating to the size and composition of a committee or sub-committee by which such relevant planning functions as are prescribed are to be discharged.
(2) A relevant local planning authority may not arrange for a relevant planning function to be discharged by a committee or sub-committee of the authority which fails to satisfy a requirement imposed by regulations under this section in relation to the discharge of that function.
(3) If a committee or sub-committee discharging a relevant planning function fails to satisfy such a requirement, paragraph 43 of Schedule 12 to the 1972 Act (validity of proceedings) does not apply in relation to the failure.
Sections 319ZZC and 319ZZD: supplementary
319ZZE (1) Sections 101 and 102 of the 1972 Act have effect subject to sections 319ZZC and 319ZZD and any regulations made under them.
(2) Where arrangements are in force under section 101(5) of the 1972 Act for two or more relevant local planning authorities to discharge any of their relevant planning functions jointly, sections 319ZZC and 319ZZD apply in relation to those functions as if—
(a) references to a committee or sub-committee of a relevant local planning authority were references to a joint committee or sub-committee of those authorities;
(b) references to an officer of a relevant local planning authority were references to an officer of any of those authorities.
(3) Regulations under sections 319ZZC and 319ZZD may—
(a) make different provision for different relevant local planning authorities;
(b) make different provision for cases where two or more such authorities have made arrangements under section 101(1)(b) or (5) of the 1972 Act for the discharge of any of their relevant planning functions.
(4) In operating arrangements required by regulations under section 319ZZC, relevant local planning authorities must have regard to any relevant guidance issued by the Secretary of State.
(5) In making arrangements for the discharge of a function prescribed in regulations under section 319ZZD, relevant local planning authorities must have regard to any relevant guidance issued by the Secretary of State.
(6) The Secretary of State must consult such persons as the Secretary of State considers appropriate before—
(a) making regulations under section 319ZZC or 319ZZD, or
(b) issuing guidance under subsection (4) or (5).
(7) Sections 319ZZC and 319ZZD and this section apply in relation to a relevant planning function conferred on a relevant mineral planning authority as if references to a relevant local planning authority were to a relevant mineral planning authority.
Interpretation of sections 319ZZC to 319ZZE
319ZZF (1) In sections 319ZZC to section 319ZZE, “relevant local planning authority” means a local planning authority in England which is an authority to which sections 101 and 102 of the 1972 Act apply, except that it does not include—
(a) a National Park authority, or
(b) the Broads Authority.
(2) In section 319ZZE, “relevant mineral planning authority” means a mineral planning authority in England which is an authority to which sections 101 and 102 of the 1972 Act apply, except that it does not include a National Park authority.
(3) In sections 319ZZC to 319ZZE, “relevant planning function” has the same meaning as in section 319ZZA (see subsections (9) and (10) of that section).
(4) In sections 319ZZC to 319ZZE and this section, “the 1972 Act” means the Local Government Act 1972.
(2) In section 316 of the Town and Country Planning Act 1990 (land of interested planning authorities and development by them), in subsection (3), in the words after paragraph (b), after “under” insert “sections 319ZZC to 319ZZE or”.
(3) In section 333 of the Town and Country Planning Act 1990 (regulations and orders), after subsection (3ZAA), insert—
(3ZAB) The first regulations under section 319ZZC or 319ZZD may not be made unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
55 Directions giving deemed planning permission: special regard to heritage assets
(1) In section 90 of the Town and Country Planning Act 1990 (directions deeming planning permission to be granted for certain development with government authorisation), after subsection (2A) insert—
(2B) Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (special regard to listed buildings) applies to a government department or the Secretary of State in considering whether to make a direction under this section as it applies to the Secretary of State in considering whether to grant planning permission.
(2) In section 90(2B) of that Act (inserted by subsection (1))—
(a) for “applies”, in the first place it appears, substitute “and section 58B of this Act (special regard to other heritage assets) apply”;
(b) for “it applies” substitute “they apply”.
56 Planning permission etc: extension of time in event of legal challenge
(1) The Town and Country Planning Act 1990 is amended as set out in subsections (2) and (3).
(2) In section 91 (general condition limiting duration of planning permission), for subsections (3A) and (3B) substitute—
(3A) In subsections (3B) to (3BB)—
“implementation period” means the period before the end of which a development to which a planning permission relates must be begun (see subsections (1) and (3));
“relevant proceedings” means proceedings to challenge the validity, in respect of the development of land in England, of a grant of planning permission or of a deemed grant of planning permission.
(3B) If a person is given permission by a court to bring relevant proceedings, the implementation period is extended by one year.
(3BA) If a party to relevant proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, the implementation period is extended by one year.
(3BB) If a party to relevant proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, the implementation period is extended by two years.
(3BC) Any extension of a period under subsection (3B), (3BA) or (3BB) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).
(3BD) Any extension of a period under subsection (3BA) is to run consecutively to the previous extension of the period under subsection (3B) (if they would otherwise overlap).
(3BE) Any extension of a period under subsection (3BB) is to run consecutively to the previous extension of the period under subsection (3B) and any previous extension of the period under subsection (3BA) (if they would otherwise overlap).
(3BF) The references in subsections (3BA) and (3BB) to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).
(3) After section 92 insert—
Extension of outline planning permission etc in event of legal challenge
92A (1) This section applies where a person is given permission by a court to bring proceedings challenging the validity, in respect of the development of land in England, of—
(a) a grant (or deemed grant) of outline planning permission, or
(b) the approval of reserved matters under such a permission.
(2) Any reserved matters application period or implementation period that is running when the court gives permission to bring the proceedings is extended by one year.
(3) If a party to the proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by one year.
(4) If a party to the proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by two years.
(5) Any extension of a period under subsection (2), (3) or (4) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).
(6) Any extension of a period under subsection (3) is to run consecutively to the previous extension of the period under subsection (2) (if they would otherwise overlap).
(7) Any extension of a period under subsection (4) is to run consecutively to the previous extension of the period under subsection (2) and any previous extension of the period under subsection (3) (if they would otherwise overlap).
(8) For the purposes of subsections (2) to (4), an implementation period that is determined by reference to an approval of a reserved matter starts to run when the reserved matters application is made (and the reserved matters application period ceases to run at that point).
(9) Subsection (10) applies if a reserved matters application is made without taking advantage of an extension under this section.
(10) Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of days by which the reserved matters application period is extended under this section.
(11) Subsection (12) applies if a reserved matters application period is extended (or further extended) under this section and the reserved matters application is made taking advantage of the extension but before the end of the period as extended.
(12) Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of whole days remaining in the reserved matters application period (as extended) when the reserved matters application is made.
(13) In this section—
“implementation period”, in relation to a grant of outline planning permission, means the period before the end of which development to which the permission relates must be begun (see section 92(2)(b), (4) and (5));
“outline planning permission” has the same meaning as in section 92;
“reserved matters application” means an application for the approval of a reserved matter in pursuance of section 92;
“reserved matters application period”, in relation to a grant of outline planning permission, means the period before the end of which a reserved matters application relating to the permission is required to be made (see section 92(2)(a), (4) and (5)).
(14) In this section, references to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).
(4) In the Planning (Listed Buildings and Conservation Areas) Act 1990, in section 18 (limit of duration of listed buildings consent), for subsections (2A) and (2B) substitute—
(2A) In subsections (2A) to (2BB)—
“implementation period” means the period before the end of which works to which a listed building consent relates are required to be begun in pursuance of subsection (1) or (2);
“relevant proceedings” means proceedings to challenge the validity of a grant of listed building consent or of a deemed grant of listed building consent.
(2B) If a person is given permission by a court to bring relevant proceedings, the implementation period is extended by one year.
(2BA) If a party to relevant proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, the implementation period is extended by one year.
(2BB) If a party to relevant proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, the implementation period is extended by two years.
(2BC) Any extension of a period under subsection (2B), (2BA) or (2BB) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).
(2BD) Any extension of a period under subsection (2BA) is to run consecutively to the previous extension of the period under subsection (2B) (if they would otherwise overlap).
(2BE) Any extension of a period under subsection (2BB) is to run consecutively to the previous extension of the period under subsection (2B) and any previous extension of the period under subsection (2BA) (if they would otherwise overlap).
(2BF) The references in subsections (2BA) and (2BB) to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).
(5) The amendments made by subsections (2) and (4) do not operate to extend any implementation period that has already expired.
(6) In relation to proceedings begun before the day on which subsection (2) comes into force (“the commencement date”)—
(a) any extension of time under section 91(3B) of the Town and Country Planning Act 1990 that had already arisen before the commencement date as a result of those proceedings is unaffected;
(b) subsections (3B) to (3BB) of section 91 of that Act (as inserted by subsection (2)) apply so far as any event in the proceedings giving rise to an extension of time under those subsections occurs on or after the commencement date, but not otherwise.
(7) In relation to proceedings begun before the day on which subsection (3) comes into force, section 92A of the Town and Country Planning Act 1990 (inserted by subsection (3)) applies so far as any event in the proceedings giving rise to an extension of time under that section occurs on or after that day, but not otherwise.
(8) In relation to proceedings begun before the day on which subsection (4) comes into force (“the commencement date”)—
(a) any extension of time under section 18(2B) of the Planning (Listed Buildings and Conservation Areas) Act 1990 that had already arisen before the commencement date as a result of those proceedings is unaffected;
(b) subsections (2B) to (2BB) of section 18 of that Act (as inserted by subsection (4)) apply so far as any event in the proceedings giving rise to an extension of time under those subsections occurs on or after the commencement date, but not otherwise.
57 Provision of advice by Natural England to public authorities
(1) The Natural Environment and Rural Communities Act 2006 is amended as set out in subsections (2) and (3).
(2) In section 4 (advice)—
(a) after subsection (1) insert—
(1A) Natural England is not required by subsection (1) to give advice in response to a request to which subsection (1B) applies that is made by a public authority other than a Minister of the Crown.
(1B) This subsection applies to a request for advice relating to—
(a) a specific development that requires, but has not been granted, planning permission under section 57 of the Town and Country Planning Act 1990 (“the 1990 Act”),
(b) an application for any consent, agreement or approval required by a condition imposed on a grant of planning permission required under that section,
(c) permission in principle for a specific development under section 58A of the 1990 Act, and
(d) the approval of a reserved matter within the meaning of section 92 of the 1990 Act.
(1C) Natural England may give advice in response to a request to which it is not required to respond as a result of subsection (1A).
;
(b) in subsection (2), after “(1)” insert “or (1C)”.
(3) After section 4 insert—
Supplementary provision
4A (1) Natural England must prepare and publish a statement setting out how it intends to deal with requests for advice which it is not required to give as a result of section 4(1A).
(2) Natural England must review the statement before the end of—
(a) the period of five years beginning with the day on which it is first published, and
(b) each successive period of five years.
(3) Natural England may review the statement more than once during any of those periods.
(4) Natural England may revise the statement following a review.
(5) Natural England must publish any revised statement.
(6) Before publishing a statement (including a revised statement) under this section, Natural England must—
(a) consult the Secretary of State, and
(b) make any changes to the statement that the Secretary of State may require in response.
(7) But the duty in subsection (6) does not apply in relation to the publication of a revised statement which, in the opinion of Natural England, contains no substantial revisions.
(8) The Secretary of State may require a change as mentioned in subsection (6)(b) only if the Secretary of State considers that the change would promote Natural England’s general purpose.
(4) The duties imposed by section 4A(6) of the Natural Environment and Rural Communities Act 2006, as inserted by subsection (3), may be satisfied by consultation carried out, and changes made, before this section comes into force.
(1) Before section 13 of the Planning and Compulsory Purchase Act 2004 insert—
Part 1A Strategic plan-making
Strategic planning authorities and strategic planning boards
Spatial development strategy to be produced by strategic planning authorities
12A (1) This Part requires strategic planning authorities to prepare a document, conforming to section 12D, known as a “spatial development strategy”.
(2) In this Part “strategic planning authority” means—
(a) a strategic planning board (see section 12B);
(b) a combined authority;
(c) a combined county authority;
(d) an upper-tier county council for an area no part of which forms part of the area of a combined authority or a combined county authority;
(e) a unitary authority for an area—
(i) that is in England, and
(ii) no part of which forms part of the area of a combined authority or a combined county authority.
(3) But a principal authority that is a constituent authority of a strategic planning board is not a strategic planning authority for the purposes of this Part.
(4) In this Part “strategy area”, in relation to a spatial development strategy, means—
(a) in the case of a strategic planning board, the area consisting of the areas of the constituent authorities of the board;
(b) in the case of a combined authority, the area of the combined authority;
(c) in the case of a combined county authority, the area of the combined county authority;
(d) in the case of an upper-tier county council, the area of the upper-tier county council;
(e) in the case of a unitary authority, the area of the unitary authority.
(5) Any function of a strategic planning authority exercisable by or under this Part by a principal authority is not a function to which either of the following provisions of the Local Government Act 1972 applies—
(a) section 101(1)(b);
(b) section 101(5).
(6) For provision about the spatial development strategy for London, see (in particular) sections 334 to 343 of the Greater London Authority Act 1999.
(7) In this Part “principal authority” means a body specified in any of paragraphs (b) to (e) of subsection (2).
Strategic planning boards
12B (1) This section applies where the Secretary of State considers that it is desirable for a spatial development strategy to relate to an area consisting of the areas of two or more principal authorities.
(2) Subject to subsection (4), the Secretary of State may by regulations establish a joint committee of the authorities to exercise functions under this Part in relation to an area consisting of the areas of those authorities (the “constituent authorities”).
(3) Such a committee is to be known as a “strategic planning board”.
(4) The Secretary of State may make regulations under subsection (2) establishing a strategic planning board only after consulting the following on a draft of the proposed regulations—
(a) the principal authorities that are to be the constituent authorities of the board,
(b) any local planning authority for an area that is wholly or partly within, or adjoins, the area of any of those authorities, and
(c) the person responsible for preparing a spatial development strategy for an area that adjoins the area of any of those authorities.
(5) Where the Secretary of State is considering whether to, or has decided to, establish a strategic planning board, the Secretary of State may direct the principal authorities that are to be the constituent authorities of the board not to take any step, or any further step, or not to take a step specified in the direction, in connection with the preparation of their own spatial development strategies.
Regulations about strategic planning boards
12C (1) Strategic planning board regulations that establish a strategic planning board must specify—
(a) the constituent authorities of the board, and
(b) the area in relation to which the board exercises functions under this Part.
(2) Strategic planning board regulations may make provision about—
(a) the composition of a strategic planning board (including about the appointment of members to the board or any sub-committee of the board);
(b) the proceedings of a strategic planning board and of any sub-committee of the board (including provision about voting rights);
(c) such other matters as the Secretary of State considers are necessary or expedient to facilitate the exercise by a strategic planning board of its functions under this Part.
(3) Provision of the kind mentioned in subsection (2)(c) may include provision—
(a) corresponding to provisions relating to joint committees in Part 6 of the Local Government Act 1972;
(b) applying (with or without modifications) such enactments relating to local authorities as the Secretary of State considers appropriate;
(c) requiring the making by a constituent authority of payments towards the costs of the strategic planning board;
(d) modifying the application of this Part in relation to a strategic planning board.
(4) For the purposes of subsection (3)(b) a local authority is any of the following—
(a) a county council;
(b) a district council;
(c) a London borough council.
(5) If strategic planning board regulations establishing a strategic planning board are annulled in pursuance of a resolution of either House of Parliament, the strategic planning board is dissolved with effect from the date of the resolution.
(6) The Secretary of State’s power to make strategic planning board regulations that amend or revoke other strategic planning board regulations—
(a) is exercisable whether or not the constituent authorities of the strategic planning board in question request an amendment or revocation;
(b) is exercisable only after the Secretary of State has consulted the following on a draft of the proposed regulations—
(i) the strategic planning board in question,
(ii) the constituent authorities of that board,
(iii) any local planning authority for an area that is wholly or partly within, or adjoins, the area of any of those authorities, and
(iv) the person responsible for preparing a spatial development strategy for an area that adjoins the area of any of those authorities.
(7) The condition in section 12B(1) does not apply in relation to strategic planning board regulations that amend or revoke other strategic planning board regulations.
(8) In this section “strategic planning board regulations” means regulations under section 12B(2).
Contents of spatial development strategy
Contents of spatial development strategy
12D (1) A spatial development strategy must include a statement of the strategic planning authority’s policies (however expressed), in relation to the development and use of land in the strategy area, which are of strategic importance to that area.
(2) A spatial development strategy must include a reasoned justification for the policies referred to in subsection (1).
(3) A spatial development strategy must specify the period for which it is to have effect.
(4) A spatial development strategy may specify or describe infrastructure the provision of which the strategic planning authority considers to be of strategic importance to the strategy area for the purposes of—
(a) supporting or facilitating development in that area,
(b) mitigating, or adapting to, climate change, or
(c) promoting or improving the economic, social or environmental well-being of that area.
(5) A spatial development strategy may specify or describe—
(a) an amount or distribution of housing (of any kind), the provision of which the strategic planning authority considers to be of strategic importance to the strategy area;
(b) an amount or distribution of affordable housing or any other kind of housing, the provision of which the strategic planning authority considers to be of strategic importance to the strategy area.
(6) For the purposes of subsections (1), (4) and (5), a matter may be of strategic importance to a strategy area even if it affects only part of that area.
(7) The Secretary of State may prescribe further matters a spatial development strategy may, or must, deal with.
(8) A spatial development strategy must contain such diagrams, illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed.
(9) A spatial development strategy may make different provision for different cases or for different parts of the strategy area.
(10) A spatial development strategy must be designed to secure that the use and development of land in the strategy area contribute to the mitigation of, and adaptation to, climate change.
(11) A spatial development strategy must take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to any part of the strategy area, including in particular—
(a) the areas identified in the strategy as areas which—
(i) are, or could become, of particular importance for biodiversity, or
(ii) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,
(b) the priorities set out in the strategy for recovering or enhancing biodiversity, and
(c) the proposals set out in the strategy as to potential measures relating to those priorities.
(12) A spatial development strategy must not—
(a) include anything that is not permitted or required by or under the preceding provisions of this section,
(b) specify particular sites where development should take place, or
(c) be inconsistent with or (in substance) repeat any national development management policy.
(13) The Secretary of State may prescribe—
(a) the form of a spatial development strategy;
(b) documents that must accompany a spatial development strategy.
(14) In subsection (5) “affordable housing” means—
(a) social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and
(b) any other description of housing that may be prescribed.
Spatial development strategy timetable
Timetable for preparing spatial development strategy
12E (1) A strategic planning authority must prepare and maintain a document relating to its spatial development strategy, known as a “spatial development strategy timetable”.
(2) A spatial development strategy timetable must specify—
(a) the strategy area, and
(b) a timetable for the preparation of the strategy that is consistent with this Part and any regulations made under it.
(3) The Secretary of State may prescribe—
(a) the form and content of a spatial development strategy timetable;
(b) further matters the timetable must deal with.
Spatial development strategy timetable: further provision
12F (1) A strategic planning authority must submit its draft spatial development strategy timetable to the Secretary of State within such period as may be prescribed.
(2) The Secretary of State may direct the strategic planning authority to make specified amendments to the draft timetable.
(3) If the Secretary of State has not given such a direction to the strategic planning authority within the period of four weeks beginning with the date when the timetable was sent to the Secretary of State, the strategic planning authority may bring the timetable into effect.
(4) A strategic planning authority to which a direction under subsection (2) is given—
(a) must submit a revised draft spatial development strategy timetable to the Secretary of State within the period specified in the direction, and
(b) may bring the timetable into effect only when the Secretary of State approves the timetable as revised in accordance with that direction or any further direction under subsection (2).
(5) If a strategic planning authority—
(a) does not comply with subsection (1), or
(b) does not comply with subsection (4)(a),
the Secretary of State may prepare a spatial development strategy timetable and direct the strategic planning authority to bring it into effect.
(6) A direction under subsection (2) or (5) must contain the Secretary of State’s reasons for giving it.
(7) To bring a spatial development strategy timetable into effect, a strategic planning authority must publish it, together with a statement that the timetable has effect.
(8) A strategic planning authority must comply with a spatial development strategy timetable that has effect.
(9) The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must revise a spatial development strategy timetable that has effect.
(10) Regulations under subsection (9)—
(a) may provide that revisions of a spatial development strategy timetable must be approved by the Secretary of State;
(b) may confer a power to direct that a timetable is to be revised or that revisions require the approval of the Secretary of State.
Preparation and adoption of spatial development strategy
Preparation of draft spatial development strategy
12G (1) A strategic planning authority must prepare a draft of its spatial development strategy.
(2) In doing so, a strategic planning authority must have regard to—
(a) any strategy, plan or policy published by the strategic planning authority that the strategic planning authority considers to be relevant,
(b) the effect which the proposed spatial development strategy would have on each of the following—
(i) the health of persons in the strategy area;
(ii) health inequalities between persons living in the strategy area;
(iii) the achievement of sustainable development;
(c) the need to ensure that the strategy is consistent with current national policies;
(d) any other prescribed matters.
(3) In subsection (2)(a), the reference to any strategy, plan or policy published by a strategic planning authority includes a reference to any strategy, plan or policy published by a constituent authority of a strategic planning board.
Consultation and representations
12H (1) A strategic planning authority that has prepared a draft spatial development strategy must—
(a) publish the draft strategy on the authority’s website,
(b) notify the persons specified in subsection (2) that the draft strategy has been published on the authority’s website, and
(c) make copies of the draft strategy available for inspection at the authority’s principal office and at any other place that the authority considers appropriate.
(2) The persons referred to in subsection (1)(b) are—
(a) the Secretary of State,
(b) any county council for an area that is within, or any part of which is within, the strategy area,
(c) any district council for an area that is within the strategy area,
(d) any county council or district council for an area that adjoins the strategy area and is affected by the strategy,
(e) any local planning authority for an area that is wholly or partly within, or adjoins, the strategy area and is affected by the strategy,
(f) the person responsible for preparing a spatial development strategy for an area that adjoins the strategy area and is affected by the strategy,
(g) such other persons as may be prescribed, and
(h) such other persons as the strategic planning authority considers appropriate.
(3) In exercising its discretion under subsection (2)(h) the strategic planning authority must consider notifying (at least) the following about the publication of the draft spatial development strategy—
(a) voluntary bodies some or all of whose activities benefit the whole or part of the strategy area,
(b) bodies which represent the interests of different racial, ethnic or national groups in the strategy area,
(c) bodies which represent the interests of different religious groups in the strategy area, and
(d) bodies which represent the interests of different persons carrying on business in the strategy area.
(4) Where a strategic planning authority—
(a) publishes a draft spatial development strategy as required by subsection (1)(a), or
(b) makes such a strategy available for inspection as required by subsection (1)(c),
the authority must also publish or make available a statement inviting representations to be made to the authority about the strategy.
(5) A notification of a person under subsection (1)(b) about a draft spatial development strategy must include an invitation to the person to make representations to the strategic planning authority about the strategy.
(6) An invitation to a person under subsection (4) or (5) must explain the effect of regulations under subsection (7).
(7) Representations must be made—
(a) in the prescribed form and manner;
(b) within the prescribed period.
(8) In subsection (1)—
(a) references to a strategic planning authority’s website include references to the website of a constituent authority of a strategic planning board;
(b) the reference to a strategic planning authority’s principal office includes a reference to the principal office of a constituent authority of a strategic planning board.
Public examination
12I (1) A strategic planning authority that has prepared a draft spatial development strategy must, unless the Secretary of State otherwise directs, make arrangements for an examination of the draft strategy to be held in public.
(2) Such an examination is to be conducted by a person appointed by the Secretary of State (the “examiner”).
(3) The matters examined at an examination are to be such matters affecting the consideration of the spatial development strategy as the examiner considers appropriate.
(4) The following may take part in an examination—
(a) the strategic planning authority that prepared the strategy, and
(b) any person invited to do so by the examiner.
(5) No person is to have a right to be heard at an examination.
(6) On conclusion of the examination, the examiner must make a report to the strategic planning authority that prepared the strategy.
(7) The report may recommend that specified modifications are made to the draft strategy before it is adopted.
(8) The report may recommend that the draft strategy is withdrawn.
(9) The strategic planning authority must publish the report.
Withdrawal before adoption
12J (1) A strategic planning authority may withdraw its draft spatial development strategy at any time before arrangements are made for its examination.
(2) Subsection (3) applies at any time after arrangements have been made for examination of a draft spatial development strategy (but before it is adopted).
(3) The strategic planning authority that prepared the draft strategy may withdraw it only if—
(a) the Secretary of State so directs, or
(b) the examiner recommends that it is withdrawn, and the Secretary of State has not directed that it is not to be withdrawn.
(4) The steps taken by a strategic planning authority to withdraw a draft strategy must include—
(a) deleting the strategy from the website on which it was published;
(b) removing copies of the strategy that were made available for inspection;
(c) notifying the following that the strategy has been withdrawn—
(i) each person to whom a notification under section 12H(1)(b) was required to be given;
(ii) any person, not within sub-paragraph (i), who made representations in accordance with regulations under section 12H(7).
Submission to Secretary of State before adoption
12K (1) This section applies where—
(a) a draft spatial development strategy has been published under section 12H,
(b) the prescribed period for the making of representations (see section 12H(7)) has elapsed,
(c) either—
(i) the strategic planning authority that prepared the draft strategy has published the examiner’s report on it (see section 12I(9)), or
(ii) no examination of the draft strategy is needed because of a direction under section 12I(1), and
(d) the draft strategy has not been withdrawn (see section 12J).
(2) The strategic planning authority must—
(a) consider any representations received in accordance with regulations under section 12H(7) and decide whether to make any modifications as a result,
(b) if an examination was held, consider the examiner’s report and decide whether to make any modifications that the examiner recommends, and
(c) consider whether to make any other modifications to take account of—
(i) any national development management policies so far as material, or
(ii) any other material considerations.
(3) After such consideration and (if considered appropriate) modification, the strategic planning authority must submit the draft spatial development strategy to the Secretary of State, stating that the authority intends to adopt it.
(4) The strategic planning authority must inform the Secretary of State of—
(a) any modifications made to the published draft strategy, and the reasons for making them;
(b) any modifications to the published draft strategy that the examiner recommended but which the authority has not made, and the reasons for not making them.
(5) If the Secretary of State considers that a submitted spatial development strategy is—
(a) inconsistent with current national policies, or
(b) detrimental to the interests of an area outside the strategy area,
the Secretary of State may, within the relevant period, direct the strategic planning authority to make specified modifications of the strategy in order to deal with the inconsistency or detriment.
(6) In this section “the relevant period”, in relation to a spatial development strategy, means—
(a) the period of six weeks beginning with the date when the strategy was submitted to the Secretary of State, or
(b) such longer period as is specified by the Secretary of State in a direction given within the period specified in paragraph (a) to the authority that submitted the strategy.
Adoption of spatial development strategy
12L (1) A spatial development strategy must not be adopted by a strategic planning authority unless it is in the form submitted to the Secretary of State under section 12K, subject to any modifications directed to be made under subsection (5) of that section.
(2) A spatial development strategy must not be adopted by a strategic planning authority unless—
(a) the relevant period (as defined in section 12K(6)) has elapsed,
(b) the authority has complied with any requirement of regulations under this Part for steps to be taken, or a period to elapse, before a strategy may be adopted, and
(c) if a direction was given to the authority under section 12K(5), the Secretary of State confirms that the Secretary of State is content with the modified strategy.
(3) A strategic planning authority must hold a vote on a resolution to adopt its spatial development strategy as soon as reasonably practicable after the conditions in subsection (2) are satisfied.
(4) Subsection (5) applies in relation to the adoption of a spatial development strategy by—
(a) a mayoral combined authority, or
(b) a mayoral combined county authority.
(5) In the event of a tied vote on whether to pass a resolution to adopt the strategy, the mayor of the authority has a casting vote (in addition to any other vote the mayor may have).
(6) A strategic planning authority that has adopted a spatial development strategy must publish the strategy together with a statement that it has been adopted.
(7) A spatial development strategy becomes operative when it is published.
Review, alteration and replacement of spatial development strategy
Review and monitoring
12M (1) This section applies in relation to an operative spatial development strategy.
(2) A strategic planning authority must keep under review the matters which may be expected to affect the development of the strategy area or the planning of its development or which are otherwise relevant to the content of the strategy.
(3) In exercising functions under subsection (2), a strategic planning authority must—
(a) if the authority identifies matters to be kept under review that relate to the area of a local planning authority that is outside the strategy area, consult that local planning authority about those matters;
(b) if the authority identifies matters to be kept under review that relate to the area of a person responsible for preparing a spatial development strategy that is outside the strategy area, consult that person about those matters.
(4) A strategic planning authority must carry out a review of its spatial development strategy from time to time.
(5) The Secretary of State may direct a strategic planning authority to review all or specified parts of its spatial development strategy.
(6) A strategic planning authority must—
(a) monitor the implementation of its spatial development strategy, and
(b) monitor, and collect information about, matters relevant to the preparation, review, alteration, replacement or implementation of the strategy.
(7) The Secretary of State may make regulations imposing either or both of the following duties on each strategic planning authority that has an operative spatial development strategy—
(a) a duty to make prescribed information relating to the implementation of the authority’s strategy available to the public in such form and manner as may be prescribed;
(b) a duty to provide prescribed information relating to the implementation of the authority’s strategy to the Secretary of State in such form and manner as may be prescribed.
Alterations
12N (1) This section applies in relation to an operative spatial development strategy.
(2) A strategic planning authority may at any time prepare alterations of its strategy.
(3) The Secretary of State may direct a strategic planning authority to alter its spatial development strategy as specified in the direction.
(4) The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must alter its spatial development strategy.
(5) A spatial development strategy as altered must still conform to section 12D.
(6) Sections 12G to 12L apply in relation to the preparation and adoption of an alteration of a spatial development strategy as they apply in relation to the preparation and adoption of a spatial development strategy.
Replacement
12O (1) This section applies in relation to an operative spatial development strategy.
(2) A strategic planning authority may at any time prepare a new spatial development strategy as a replacement.
(3) The Secretary of State may direct a strategic planning authority to replace its spatial development strategy.
(4) The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must replace its spatial development strategy.
(5) A strategic planning authority’s operative spatial development strategy is revoked upon a new spatial development strategy being adopted by the authority in accordance with this Part.
Secretary of State’s intervention powers in relation to spatial development strategy
Powers where strategic planning authority is failing etc
12P (1) This section applies if the Secretary of State considers that—
(a) a strategic planning authority is failing to do anything it is necessary or expedient for it to do in connection with the preparation, adoption, alteration, replacement or review of a spatial development strategy,
(b) a spatial development strategy is, is going to be or may be—
(i) inconsistent with current national policies, or
(ii) detrimental to the interests of an area outside the strategy area, or
(c) a proposed alteration of a spatial development strategy will, or may, result in the strategy becoming—
(i) inconsistent with current national policies, or
(ii) detrimental to the interests of an area outside the strategy area.
(2) The Secretary of State may—
(a) if the strategy is not operative, take over preparation of the strategy from the strategic planning authority;
(b) if the strategy is operative, alter the strategy;
(c) give a direction to the strategic planning authority in relation to the preparation, adoption, withdrawal, alteration, replacement, review or revocation of the strategy.
(3) The power of direction under subsection (2)(c) includes power to direct a strategic planning authority—
(a) to modify or withdraw its draft spatial development strategy;
(b) to alter or revoke its (operative) spatial development strategy.
(4) Subsections (5) to (12) apply if preparation of a spatial development strategy is taken over under subsection (2)(a).
(5) The Secretary of State must publish a document setting out—
(a) the timetable for preparing the strategy, and
(b) details of any departures from any existing spatial development strategy timetable.
(6) The Secretary of State must (or, if an examination of the draft strategy has already been held, may)—
(a) make arrangements for an examination of the draft strategy to be held in public, or
(b) direct the strategic planning authority to make arrangements for an examination of the draft strategy under section 12I.
(7) Subsections (2) to (8) of section 12I apply in relation to an examination held under subsection (6)(a), reading references to the strategic planning authority as references to the Secretary of State.
(8) The Secretary of State must either—
(a) publish the examiner’s report, or
(b) direct the strategic planning authority to publish it.
(9) The Secretary of State may then—
(a) approve the strategy,
(b) modify the strategy and approve it with the modifications,
(c) direct the strategic planning authority to consider adopting—
(i) the strategy, or
(ii) the strategy as modified by the Secretary of State, or
(d) reject the strategy.
(10) If the Secretary of State gives a direction under subsection (9)(c), section 12L applies with the omission of subsections (1) and (2) of that section (and as if the reference in subsection (3) of that section to the conditions in subsection (2) being satisfied were a reference to the direction being received).
(11) If the Secretary of State approves a spatial development strategy under subsection (9)(a) or (b), the Secretary of State must either—
(a) publish the strategy, or
(b) direct the strategic planning authority to publish it.
(12) The spatial development strategy becomes operative when it is published.
(13) Subsections (5) to (12) (and the provisions applied by them) apply in relation to an alteration of a strategy under subsection (2)(b) as they apply to a strategy prepared under subsection (2)(a).
(14) The Secretary of State must give reasons for—
(a) whatever the Secretary of State does under subsection (2);
(b) the decision made under subsection (9).
(15) In the exercise of any function under this section the Secretary of State—
(a) may take account of any matter that the Secretary of State considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority), and
(b) must have regard to—
(i) the spatial development strategy timetable, and
(ii) the local plan timetable prepared by a local planning authority for an area that is wholly or partly within the strategy area.
(16) In subsection (15)(b)(ii) “local plan timetable” is to be construed in accordance with section 15B.
Power to approve strategy where adoption resolution not passed
12Q (1) This section applies in the event of a vote by a strategic planning authority against passing a resolution to adopt a spatial development strategy.
(2) The Secretary of State may, if the Secretary of State considers it appropriate—
(a) approve the strategy, or
(b) modify the strategy and approve it with the modifications.
(3) The powers in subsection (2) are exercisable—
(a) on the Secretary of State’s own initiative, or
(b) in the case of a strategy prepared by a mayoral combined authority or a mayoral combined county authority, if the mayor of the authority requests the Secretary of State to exercise those powers.
(4) The function of making a request as mentioned in subsection (3)(b) is exercisable only by the mayor (and may not be the subject of arrangements under section 107D(3) of the Local Democracy, Economic Development and Construction Act 2009 or section 30(3) of the Levelling-up and Regeneration Act 2023).
(5) The Secretary of State must give reasons to the strategic planning authority or (as the case may be) the mayor of the strategic planning authority—
(a) for anything the Secretary of State does under subsection (2), or
(b) if the Secretary of State declines to approve the strategy, for that decision.
(6) If the Secretary of State approves a spatial development strategy under subsection (2) the Secretary of State must either—
(a) publish the strategy, or
(b) direct the strategic planning authority to publish it.
(7) The spatial development strategy becomes operative when it is published.
(8) In making a decision under this section the Secretary of State may take account of any matter that the Secretary of State considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority).
Liability for Secretary of State’s costs of intervention
12R (1) The Secretary of State may require a strategic planning authority to reimburse the Secretary of State for any expenditure incurred by the Secretary of State in, or in connection with, exercising a function under section 12P or 12Q in relation to the authority’s spatial development strategy.
(2) Where the strategic planning authority is a strategic planning board, subsection (1) is to be read as giving power for the Secretary of State to require reimbursement of such expenditure from the constituent authorities of the board in such proportions as the Secretary of State considers just and reasonable.
Temporary direction pending possible use of intervention powers
12S (1) If the Secretary of State is considering whether to take action under section 12P in relation to a spatial development strategy, the Secretary of State may direct the strategic planning authority responsible for the strategy not to take any step, or not to take a step specified in the direction, in connection with the strategy—
(a) until a time or event (if any) specified in the direction, or
(b) until the direction is revoked.
(2) A spatial development strategy to which such a direction relates is not operative while the direction is in force.
(3) A direction given under this section in relation to a strategy ceases to have effect if the Secretary of State—
(a) gives a direction under section 12P(2)(c) or (9)(c) in relation to the strategy, or
(b) approves the strategy under section 12P(9)(a) or (b).
Supplementary
Supplementary etc provision in connection with regulations about strategic planning boards
12T (1) The Secretary of State may by regulations make supplementary, incidental, transitional, transitory or saving provision for the purposes of strategic planning board regulations.
(2) Where, immediately before strategic planning board regulations establishing a strategic planning board come into force, a spatial development strategy is operative in relation to the area of a principal authority that is to be a constituent authority of the board, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of the strategic planning board.
(3) Where a strategic planning board has an operative spatial development strategy immediately before strategic planning board regulations that revoke the regulations that established that board come into force, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of a prescribed principal authority or authorities.
(4) In this section “strategic planning board regulations” means regulations under section 12B(2).
Regulations
12U (1) The Secretary of State may by regulations make provision in connection with the exercise by any person of a function conferred by or under this Part.
(2) The regulations may (among other things) make provision as to—
(a) the procedure to be followed in connection with the preparation, adoption, publication, review, withdrawal, alteration or replacement of a spatial development strategy or in connection with a review under section 12M(2);
(b) the remuneration and allowances payable to a person appointed to conduct a public examination (under section 12I or as mentioned in section 12P(6)(a));
(c) the supply of information or documents to the Secretary of State by a strategic planning authority for the purposes of any decision that the Secretary of State may make under this Part;
(d) the determination of the time by or at which anything must be done for the purposes of this Part;
(e) the manner of publication of any document required to be published under this Part;
(f) the making of reasonable charges for the provision of copies of documents required by or under this Part.
(3) Regulations under this Part may make different provision for different areas.
Directions
12V (1) A direction given to a strategic planning authority under this Part may—
(a) require the authority to do specified things by specified dates;
(b) require the authority to keep the Secretary of State informed at specified intervals of the progress being made towards doing what the authority is directed to do.
(2) A direction under this Part must be given in writing.
(3) A direction under this Part may be varied or revoked by notice in writing to the strategic planning authority to which it was given.
(4) A direction under this Part must be published.
Meaning of “spatial development strategy” etc
12W (1) In this Part “spatial development strategy” means, as the context requires—
(a) a strategy adopted by a strategic planning authority under section 12L,
(b) a strategy approved by the Secretary of State under section 12P(9)(a) or (b) or 12Q(2)(a) or (b), or
(c) a strategy in preparation by a strategic planning authority in accordance with this Part.
(2) In sections 12B(4)(c), 12C(6)(b)(iv), 12H(2)(f) and 12M(3)(b)—
(a) “spatial development strategy” includes—
(i) the spatial development strategy for London,
(ii) a spatial development strategy adopted by a combined authority in accordance with regulations under section 105A of the Local Democracy, Economic Development and Construction Act 2009, and
(iii) a spatial development strategy adopted by a combined county authority in accordance with regulations under section 19 of the Levelling-up and Regeneration Act 2023; and
(b) “person responsible for preparing a spatial development strategy” is to be read accordingly.
(3) For the purposes of sections 12M to 12O, a spatial development strategy approved by the Secretary of State under a power specified in subsection (1)(b) is to be regarded as the spatial development strategy of the strategic planning authority in relation to which the power is exercised.
Interpretation
12X (1) In this Part—
“combined authority” means a combined authority established under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009;
“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
“constituent authority”, in relation to a strategic planning board, is to be construed in accordance with section 12B;
“examination” means an examination in public of a draft spatial development strategy as set out in section 12I, and “examiner” is to be construed accordingly;
“mayoral combined authority” has the meaning given by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009;
“mayoral combined county authority” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023;
“national development management policy” must be construed in accordance with section 38ZA;
“principal authority” has the meaning given by section 12A(7);
“spatial development strategy for London” means the strategy adopted by the Mayor of London under Part 8 of the Greater London Authority Act 1999;
“spatial development strategy timetable” has the meaning given by section 12E;
“strategic planning authority” has the meaning given by section 12A;
“strategic planning board” has the meaning given by section 12B;
“strategy area” has the meaning given by section 12A(4);
“unitary authority” means—
a county council for an area that does not include the areas of district councils, or
a district council for an area that does not form part of the area of a county council;
“upper-tier county council” means a county council for an area that includes the areas of district councils.
(2) In this Part—
(a) “local planning authority” has the same meaning as in Part 2 (see section 15LF);
(b) references to a local planning authority’s area are to the area for which they are the local planning authority in accordance with that Part.
(2) In section 334 of the Greater London Authority Act 1999—
(a) in subsection (2A) (as inserted by section 95(2) of the Levelling-up and Regeneration Act 2023) omit paragraph (b) (and the “and” at the end of paragraph (a));
(b) in subsection (2D) (also inserted by section 95(2) of that Act) omit paragraph (b) (and the “but” at the end of paragraph (a)).
(3) Schedule 2 makes minor and consequential amendments in connection with subsection (1).
(4) The Secretary of State may by regulations by statutory instrument make provision that is consequential on subsection (1).
(5) Regulations under subsection (4) may amend an Act passed before the end of the session of Parliament in which this Act is passed.
(6) Regulations under subsection (4) may include incidental, supplemental, transitional and saving provision.
(7) A statutory instrument containing (whether alone or with other provision) regulations made in reliance on subsection (5) may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
(8) Any other statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) An environmental delivery plan is a plan prepared by Natural England, and made by the Secretary of State, that sets out, in relation to development to which it applies—
(a) the environmental features that are likely to be negatively affected by the development,
(b) the conservation measures that are to be taken by or on behalf of Natural England in order to protect those environmental features,
(c) the amount of the nature restoration levy payable by developers to Natural England to cover the cost of those conservation measures (see sections 62 and 72 to 81), and
(d) the environmental obligations in relation to development that are discharged, disapplied or otherwise modified if a developer pays the nature restoration levy in relation to the development (see section 72 and Schedule 3).
(2) In this Part—
(a) sections 60 to 63 make provision about the required contents of an environmental delivery plan;
(b) sections 64 to 66 make provision about the procedure for making an environmental delivery plan;
(c) sections 67 to 71 make provision about reporting on, amending, revoking and challenging an environmental delivery plan.
(3) In this Part, an “EDP” means an environmental delivery plan.
60 Scope of an EDP: area, kind and volume of development and time period
(1) An EDP must specify the development to which it applies by reference to—
(a) the area in which the development may be undertaken (the “development area”), and
(b) the kind of development.
(2) The development area must be an area in—
(a) England, or
(b) the waters adjacent to England up to the seaward limits of the territorial sea.
(3) An EDP may—
(a) provide that it does not apply to development in specified areas within the development area, or
(b) specify as the development area an area that is comprised of separate parcels of land.
(4) An EDP must—
(a) include a map showing the boundaries of the development area, and
(b) set out the reasons for its application to the development area and, where relevant, the reasons for excluding any area under subsection (3)(a).
(5) An EDP must specify the maximum amount of development to which it may apply.
(6) The maximum amount of development may be specified in any way that Natural England considers appropriate, which may, for example, be by reference to—
(a) the area covered by the development,
(b) measurements of floor space,
(c) numbers of buildings or of units within buildings,
(d) values or expected values, or
(e) in the case of development that is a nationally significant infrastructure project within the meaning of the Planning Act 2008, any measurement of the scale of the project that is used for the purposes of Part 3 of that Act.
(7) An EDP must specify—
(a) the date on which it comes into force (the “EDP start date”), and
(b) the date on which it expires (the “EDP end date”), which must be before the end of the period of ten years beginning with the EDP start date.
61 Environmental features, environmental impacts and conservation measures
(1) An EDP must identify—
(a) one or more environmental features which are likely to be negatively affected by development to which the EDP applies, and
(b) one or more ways in which that negative effect is likely to be caused by the development (the “environmental impact”).
But an EDP need not identify all of the possible environmental impacts on an environmental feature.
(2) An environmental feature identified in an EDP may be—
(a) a protected feature of a protected site, or
(b) a protected species.
(3) An EDP must set out the measures (“conservation measures”) that are to be taken by, or on behalf of, Natural England, under the EDP in order to—
(a) address the environmental impact of development on the identified environmental feature, and
(b) contribute to an overall improvement in the conservation status of the identified environmental feature (see also section 65(3)).
(4) An EDP must set out the anticipated sequencing of the implementation of the conservation measures by reference to the development to which the EDP applies.
(5) Where an identified environmental feature is a protected feature of a protected site that is wholly in England, the EDP may set out conservation measures that do not directly address the environmental impact of development on that feature at that site but instead seek to improve the conservation status of the same feature elsewhere.
(6) But an EDP may include conservation measures of the type mentioned in subsection (5) only if Natural England considers that such measures would make a greater contribution to the improvement of the conservation status of the feature than measures that address the environmental impact of development on the feature at the protected site itself.
(7) An EDP must include conservation measures that are not, at the time the EDP is made, expected to be needed but which must be implemented in the circumstances set out in the EDP.
(8) Those circumstances must relate to the effectiveness of the conservation measures that have already been implemented, as revealed by the monitoring of the EDP (see section 82(4)(a)).
(9) An EDP must state—
(a) how much the conservation measures are expected to cost, and
(b) how the conservation measures are to be maintained,
over the period covered by the EDP or, if longer, the period for which the conservation measures are likely to be required to address the environmental impact of development.
(10) A conservation measure may take the form of a request, by Natural England, that a condition of development be imposed (see section 95).
(11) In this section—
“England” includes—
the waters adjacent to England up to the seaward limits of the territorial sea, and
the English offshore region;
“English offshore region” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322(1) of that Act);
“the environmental impact of development” means the environmental impact, as identified in the EDP, of the maximum amount of development to which the EDP may apply, as specified in accordance with section 60(5).
(1) An EDP must include one or more charging schedules which set out the rates or other criteria by reference to which the amount of nature restoration levy is to be determined for each kind of development to which the EDP applies.
(2) Each charging schedule must relate to an environmental impact of development on an identified environmental feature.
(3) The rates or other criteria must be set in accordance with nature restoration levy regulations (see sections 73 to 80).
(1) An EDP must describe the conservation status of each identified environmental feature as at the EDP start date.
(2) An EDP must set out—
(a) why Natural England considers the conservation measures to be appropriate,
(b) Natural England’s opinion on how the conservation measures will enable the EDP to pass the overall improvement test, and
(c) what alternatives to the conservation measures were considered by Natural England and why they were not included.
(3) Where an EDP includes conservation measures of the type mentioned in section 61(5) (network conservation measures), it must state how, in the opinion of Natural England, the measures comply with the requirement in section 61(6) (network measure to make a greater contribution to improvement of conservation status of the feature than onsite measure).
(4) Where an EDP identifies a protected species as an environmental feature, the EDP must set out the terms of the licence that will be treated as having been granted under paragraph 4, 5 or 6 of Schedule 3.
(5) An EDP must specify the terms that must be incorporated into a licence under—
(a) regulation 55 of the Habitats Regulations 2017,
(b) section 16 of the Wildlife and Countryside Act 1981, or
(c) section 10 of the Protection of Badgers Act 1992,
that may be granted to Natural England to facilitate the carrying out of any conservation measures.
(6) An EDP must list the strategies and plans to which Natural England had regard in preparing the EDP (see section 94(3) and (4)).
(7) An EDP must include an overview of any other measures (in addition to the conservation measures set out in the EDP) that are being taken or are likely to be taken by Natural England or another public authority with the aim of improving the conservation status of each identified environmental feature.
(8) An EDP must set out how Natural England will monitor the EDP (see section 82(4) and (5)).
(9) The Secretary of State must make regulations setting out the appropriate prioritisation, by Natural England, of the different ways of addressing any negative effect of development on a protected species or on a protected feature of a protected site when—
(a) preparing an EDP, or
(b) considering requesting an amendment to an EDP.
(10) The Secretary of State may make regulations setting out further information that must be included, or matters that must be dealt with, in an EDP.
(1) When Natural England decides to prepare an EDP, it must—
(a) notify the Secretary of State of that decision, and
(b) publish the notification given to the Secretary of State.
(2) After preparing a draft EDP, Natural England must publish the draft for public consultation and seek the views of the following—
(a) the Environment Agency,
(b) the Joint Nature Conservation Committee,
(c) any local planning authority for an area that is wholly or partly within the development area,
(d) any local highway authority for an area that is wholly or partly within the development area,
(e) any strategic highways company for an area that is wholly or partly within the development area,
(f) Network Rail Limited, if the development area includes all or part of its network,
(g) the Mayor of London, if all or part of the development area is in Greater London,
(h) if the development area includes all or part of the area of a mayoral combined authority, the mayor of the authority,
(i) if the development area includes all or part of the area of a mayoral combined county authority, the mayor of the authority,
(j) the Marine Management Organisation, if all or part of the development area is in the waters adjacent to England,
(k) if an environmental feature identified in the draft EDP is a protected feature of a protected site that is wholly or partly in Wales, the Natural Resources Body for Wales and the Welsh Ministers,
(l) if an environmental feature identified in the draft EDP is a protected feature of a protected site that is wholly or partly in Scotland, Scottish Natural Heritage and the Scottish Ministers,
(m) any other public authority Natural England considers should be consulted, and
(n) any other public authority specified in regulations made by the Secretary of State.
(3) The Secretary of State may by regulations require a public authority specified in the regulations to respond to the consultation within the consultation period.
(4) Natural England need not have regard to any consultation responses received after the end of the consultation period.
(5) The consultation period is the period of 28 working days beginning with the day on which the draft EDP is published for consultation, or such longer period as is specified in regulations made by the Secretary of State.
(6) If, after considering the responses to the consultation, Natural England amends the draft EDP, it may (but is not obliged to) reconsult.
(7) In this section—
“local highway authority” has the meaning given by section 329(1) of the Highways Act 1980;
“mayoral combined authority” has the meaning given by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009;
“mayoral combined county authority” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023;
“network” has the meaning given by section 83(1) of the Railways Act 1993;
“strategic highways company” has the meaning given by section 329(1) of the Highways Act 1980.
(8) In this section, the references to Wales and Scotland include the waters adjacent to them up to the seaward limits of the territorial sea.
(1) After complying with section 64, Natural England may send a draft of the EDP to the Secretary of State to be made.
(2) When providing the Secretary of State with a draft EDP, Natural England must also provide to the Secretary of State—
(a) copies of all responses to the consultation, and
(b) Natural England’s response to the consultation and details of any further consultation.
(3) The Secretary of State may make the EDP only if the Secretary of State considers that the EDP passes the overall improvement test.
(4) An EDP passes the overall improvement test if, by the EDP end date, the effect of the conservation measures will materially outweigh the negative effect of the EDP development on the conservation status of each identified environmental feature.
(5) In subsection (4), “the negative effect of the EDP development” means the effect, caused by the environmental impact, as identified in the EDP in accordance with section 61(1)(b), of the maximum amount of development to which the EDP may apply, as specified in accordance with section 60(5).
(6) The Secretary of State may request further information from Natural England in order to decide whether to make an EDP.
(7) If the Secretary of State decides not to make an EDP, the Secretary of State must publish a notice of the decision that sets out the reasons for the decision.
(1) After the Secretary of State makes an EDP, the Secretary of State must—
(a) publish the EDP, or
(b) direct Natural England to publish it.
(2) The EDP must be published before the end of the period of 28 days beginning with the day on which the Secretary of State makes the EDP.
(3) The EDP start date must not be before the date on which the EDP is published.
(1) Natural England must publish—
(a) a report on an EDP covering the period from the EDP start date to the EDP midpoint, and
(b) a report on an EDP covering the period from the EDP midpoint to the EDP end date.
(2) If an EDP is revoked (see section 69)—
(a) where the EDP is revoked before the EDP midpoint, Natural England must publish a report covering the period beginning with the EDP start date and ending with the revocation date (instead of publishing the reports under subsection (1));
(b) where the EDP is revoked after the EDP midpoint, Natural England must publish a report covering the period beginning with the EDP midpoint and ending with the revocation date (instead of publishing the report under subsection (1)(b)).
(3) Natural England may publish a report on an EDP at any other time.
(4) A report under subsection (1) or (2) must be published before the end of the period of two months beginning with the day on which the period covered by the report ends.
(5) A report under subsection (1) or (2) must state—
(a) how much of the maximum amount of development available under the EDP (see section 60(5)) remains available;
(b) the amounts of nature restoration levy received by Natural England under the EDP;
(c) whether the conservation measures have been implemented and if not, why not;
(d) whether the conservation measures are having, or have had, their intended effect;
(e) what the conservation measures are costing, and how this compares with what they were expected to cost as set out in the EDP (see section 61(9));
(f) whether the rates or other criteria set out in each charging schedule have been amended or are expected to be amended;
(g) whether anything else in the EDP has been amended or is expected to be amended.
(6) A report under subsection (1)(a) (midpoint report) must also include an assessment of whether the EDP is likely to pass the overall improvement test.
(7) A report under subsection (1)(b) (final report) must also include—
(a) an assessment of whether the EDP has passed the overall improvement test, and
(b) if the assessment is that the EDP has not passed the test, the extent to which the conservation measures have failed to outweigh the negative effect of the EDP development as mentioned in section 65(4).
(8) A report under subsection (2) (revocation report) must also include—
(a) an assessment of whether the EDP would be likely to pass the overall improvement test if it were not being revoked, but reading section 65 as if—
(i) the reference in subsection (4) to the conservation measures were a reference to the conservation measures that have been or will be taken despite the EDP’s revocation (but not including any measures taken by way of remedial action under section 70(4));
(ii) the reference in subsection (5) to the maximum amount of development to which the EDP may apply were a reference to all of the development in respect of which a developer has paid or will pay the nature restoration levy despite the EDP’s revocation;
(b) if the assessment is that the EDP would be unlikely to pass the test, the extent to which those conservation measures are likely to fail to outweigh the negative effect of that development.
(9) Natural England must have regard to guidance issued by the Secretary of State about reports on an EDP.
(10) In this section—
“the EDP midpoint” means the point in time that falls halfway between the EDP start date and the EDP end date;
“the revocation date” means the date on which the EDP is revoked, as set out in the notice under section 69(5).
(1) The Secretary of State may amend an EDP—
(a) on a request from Natural England, or
(b) on the Secretary of State’s own initiative.
(2) But an EDP may not be amended so that it no longer applies to development in respect of which a developer has already committed to pay the nature restoration levy under the EDP.
(3) Where Natural England requests, or the Secretary of State is minded to make, an amendment to an EDP that—
(a) increases the maximum amount of development to which the EDP may apply, as specified under section 60(5),
(b) changes the development area to include a new area to which the EDP does not currently apply, or
(c) adds new conservation measures that are of a kind not currently included in the EDP,
the Secretary of State must direct Natural England to consult on the EDP as proposed to be amended.
(4) Where—
(a) Natural England requests any other type of amendment, other than an amendment only to a charging schedule, or
(b) the Secretary of State is minded to make such an amendment,
the Secretary of State may direct Natural England to consult on the EDP as proposed to be amended.
(5) Where the Secretary of State directs Natural England to consult, Natural England must—
(a) follow the consultation procedure set out in section 64, and
(b) provide to the Secretary of State—
(i) copies of all responses to the consultation, and
(ii) Natural England’s response to the consultation and details of any further consultation.
(6) The Secretary of State may make an amendment to an EDP only if the Secretary of State considers that the EDP as amended passes the overall improvement test.
(7) If the Secretary of State decides not to make an amendment when requested to do so by Natural England, the Secretary of State must publish a notice of the decision that sets out the reasons for the decision.
(8) After the Secretary of State amends an EDP, the Secretary of State must—
(a) publish the EDP as amended, or
(b) direct Natural England to publish it.
(9) The amended EDP must be published before the end of the period of 28 days beginning with the day on which the Secretary of State makes the amendment.
(10) The amendment must not come into effect before the date on which the amended EDP is published.
(11) Subsections (4) to (7) do not apply to an amendment that only corrects a clerical or typographical error.
(1) The Secretary of State may revoke an EDP—
(a) on a request from Natural England, or
(b) on the Secretary of State’s own initiative.
(2) The Secretary of State must revoke an EDP if the Secretary of State no longer considers that the EDP passes the overall improvement test, unless Natural England has proposed amendments under section 68 which would, if made, result in that test being passed.
(3) If the Secretary of State decides not to revoke an EDP when requested to do so by Natural England, the Secretary of State must publish a notice of the decision that sets out the reasons for the decision.
(4) The power to revoke an EDP includes a power—
(a) to revoke different parts of the EDP at different times;
(b) to revoke the EDP, or parts of the EDP, at different times in relation to different developments.
(5) Where the Secretary of State revokes an EDP, the Secretary of State must publish a notice of revocation setting out—
(a) the fact that the EDP has been revoked and the date of revocation (the “EDP revocation date”),
(b) where only part of the EDP is revoked or different parts of the EDP are revoked at different times or in relation to different developments, details of how the revocation is to take effect, and
(c) the reasons for the revocation.
70 Remedial action by Secretary of State where EDP ends or is revoked
(1) This section applies where a report under section 67(1)(b) or (2) (report at end or on revocation of EDP) contains an assessment that the EDP has not passed, or would be unlikely to pass, the overall improvement test (see section 67(7) and (8)).
(2) The Secretary of State must take such action (“remedial action”) as the Secretary of State considers proportionate for the purpose of seeking to materially outweigh the negative effect on the conservation status of the identified environmental feature that is (or is likely to be) caused by the environmental impact (as identified in the EDP in accordance with section 61(1)(b)) of any development in respect of which a developer has paid or will pay the nature restoration levy.
(3) In deciding whether remedial action is proportionate, the Secretary of State must take into account—
(a) the extent of the negative effect on the conservation status of the identified environmental feature,
(b) the extent to which the remedial action would remedy that negative effect, and
(c) the cost of the remedial action.
(4) Remedial action may include—
(a) taking (or continuing to take) any conservation measures included in the EDP, or directing another public authority to take (or continue to take) such measures;
(b) taking, or directing another public authority to take, any other measures to improve the conservation status of the identified environmental feature.
(5) The Secretary of State must, before the end of the period of six months beginning with the date on which the report mentioned in subsection (1) is published, publish a statement setting out—
(a) the remedial action that the Secretary of State intends to take, and
(b) the effect that the remedial action is expected to have on the identified environmental feature.
(6) The Secretary of State must, before the end of the period of two years beginning with the date on which the statement mentioned in subsection (5) is published, publish a report setting out—
(a) the extent to which the remedial action has remedied the negative effect mentioned in subsection (2), and
(b) whether the remedial action has had its expected effect, as set out in the statement under subsection (5)(b).
(7) If any measures taken by way of remedial action have not been fully implemented by the time the report mentioned in subsection (6) is published—
(a) that report must set out when the measures are expected to be fully implemented, and
(b) the Secretary of State must publish a further report, containing the information required under subsection (6)(a) and (b), before the end of the period of six months beginning with the day on which the measures are fully implemented.
(1) A court may entertain proceedings for questioning an EDP or anything done, or omitted to be done, by the Secretary of State or Natural England in the course of preparing an EDP only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed during the period of six weeks beginning with the day on which the EDP is published (see section 66).
(2) A court may entertain proceedings for questioning a decision of the Secretary of State not to make an EDP only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of six weeks beginning with the day on which the notice of the decision not to make the EDP is published (see section 65(7)).
(3) A court may entertain proceedings for questioning an amendment to an EDP only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of six weeks beginning with the day on which the amended EDP is published (see section 68(9)).
(4) A court may entertain proceedings for questioning a decision of the Secretary of State not to make an amendment to an EDP only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of six weeks beginning with either—
(i) in the case of a refusal to amend an EDP on the request of Natural England, the day on which the notice of the decision not to make the amendment is published (see section 68(7)), or
(ii) in any other case, the earlier of the day on which Secretary of State publishes a notice of the decision not to amend the EDP that sets out reasons for the decision and the day on which the person bringing the proceedings had notice of that decision and those reasons.
(5) A court may entertain proceedings for questioning a revocation of an EDP only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of six weeks beginning with the day on which the notice of revocation is published (see section 69(5)).
(6) A court may entertain proceedings for questioning a refusal by the Secretary of State to revoke an EDP only if—
(a) the proceedings are brought by a claim for judicial review, and
(b) the claim form is filed before the end of the period of six weeks beginning with either—
(i) in the case of a refusal to revoke an EDP on the request of Natural England, the day on which the notice of the decision not to revoke the EDP is published (see section 69(3)), or
(ii) in any other case, the earlier of the day on which Secretary of State publishes a notice of the decision not to revoke the EDP that sets out reasons for the decision and the day on which the person bringing the proceedings had notice of that decision and those reasons.
(1) A developer may make a request in writing to Natural England to pay the nature restoration levy in relation to a development to which an EDP applies.
(2) If a development to which a request relates has already commenced, Natural England must have regard to any guidance issued by the Secretary of State in deciding whether to accept the request.
(3) If Natural England accepts the request, the developer is committed to pay the nature restoration levy (see also section 74(4)).
(4) Schedule 3 sets out how a commitment by a developer to pay the nature restoration levy in relation to a development results in—
(a) an environmental impact of development on a protected feature of a protected site being disregarded for the purposes of obligations under the Habitats Regulations 2017, the Wildlife and Countryside Act 1981 or the Marine and Coastal Access Act 2009;
(b) a developer being treated as having been granted a licence under regulation 55 of the Habitats Regulations 2017, section 16 of the Wildlife and Countryside Act 1981 or section 10 of the Protection of Badgers Act 1992.
(5) An EDP may provide, in relation to a kind of development and kind of environmental impact on an identified environmental feature, that payment of the levy is mandatory, and if it does so—
(a) in a case where the feature is a protected feature of a European site or a Ramsar site, the developer does not have the option of ensuring that any actions relating to the development comply with Part 6 of the Habitats Regulations instead of paying the levy;
(b) in a case where the feature is a protected feature of an SSSI, the developer does not have the option of—
(i) getting Natural England’s consent under section 28E of the Wildlife and Countryside Act 1981 for operations mentioned in that section, to the extent that the operations have that kind of environmental impact on the identified environmental feature, or
(ii) ensuring that any actions relating to the development comply with section 28H or 28I of that Act,
instead of paying the levy;
(c) in a case where the feature is a protected feature of a marine conservation zone, the developer does not have the option of satisfying the public authority determining an application relating to the development of the matters mentioned in section 126(6) or (7) of the Marine and Coastal Access Act 2009 instead of paying the levy;
(d) in a case where the feature is a protected species, the developer does not have the option of applying for a licence directly under regulation 55 of the Habitats Regulations 2017, section 16 of the Wildlife and Countryside Act 1981 or section 10 of the Protection of Badgers Act 1992 (as the case may be) instead of paying the levy.
(6) If an EDP makes provision as mentioned in subsection (5), it must set out the reasons why Natural England considers that to be necessary.
(1) The Secretary of State may make regulations about the nature restoration levy (“nature restoration levy regulations”).
(2) In making the regulations, the Secretary of State must aim to ensure that the overall purpose of the nature restoration levy is to ensure that costs incurred in maintaining or improving the conservation status of environmental features can be funded (wholly or partly) by developers in a way that does not make development economically unviable.
(1) Nature restoration levy regulations may make provision about liability to pay the nature restoration levy in relation to a development, including—
(a) who is liable to pay the levy, and
(b) when liability to pay arises.
(2) The regulations may in particular include provision about the assumption of liability to pay the levy, such as—
(a) how and when a person may assume liability;
(b) withdrawal of assumption of liability;
(c) cancellation of assumption of liability by Natural England.
(3) The regulations may also include provision—
(a) imposing liability to pay the nature restoration levy in relation to a development—
(i) where no person has assumed liability,
(ii) where an assumption of liability has been withdrawn or cancelled, or
(iii) in other specified circumstances (such as the insolvency or withdrawal of a person who has assumed liability);
(b) about joint, several and partial liability and the liability of partnerships;
(c) about the apportionment of liability, which may—
(i) include provision for referral to a specified person or body for determination, and
(ii) include provision for appeals;
(d) about the transfer of liability.
(4) The regulations may also make provision for Natural England to be permitted, or required, to rescind its acceptance of a request by a developer to pay the levy (see section 72(1)) in circumstances specified in the regulations, such that the developer ceases to be committed to pay the nature restoration levy.
(1) When considering the rates or other criteria to be set out in a charging schedule (see section 62(1)) in the course of preparing an EDP, Natural England must have regard, to the extent and in the manner specified by nature restoration levy regulations, to—
(a) the actual and expected costs of the conservation measures relating to the environmental impact of development on the environmental feature to which the charging schedule relates;
(b) matters specified in the regulations relating to the economic viability of development (which may include, in particular, actual or potential economic effects of the grant of a consent for development or the imposition of the levy);
(c) other actual or expected sources of funding for those conservation measures.
(2) Nature restoration levy regulations may make other provision about rates or other criteria.
(3) The regulations may, in particular, permit or require Natural England—
(a) to have regard, to the extent and in the manner specified by the regulations, to actual or expected administrative expenses in connection with an EDP;
(b) to have regard, to the extent and in the manner specified by the regulations, to values used or documents produced for other statutory purposes;
(c) to integrate the process, to the extent and in the manner specified by the regulations, with processes undertaken for other statutory purposes;
(d) to produce charging schedules having effect in relation to specified periods (subject to revision).
(4) The regulations may permit or require charging schedules to adopt specified methods of calculation.
(5) In particular, the regulations may—
(a) permit or require charging schedules to operate by reference to descriptions or purposes of development;
(b) permit or require charging schedules to operate by reference to any measurement of the amount or nature of development (whether by reference to measurements of floor space, to numbers or intended uses of buildings or of units within buildings, to allocation of space within buildings or units, to values or expected values or in any other way);
(c) permit or require charging schedules to operate by reference to the nature or existing use of the place where development is undertaken;
(d) permit or require charging schedules to operate by reference to an index used for determining a rate of inflation;
(e) permit or require charging schedules to operate by reference to values used or documents produced for other statutory purposes;
(f) provide, or permit or require provision, for differential rates, which may include provision for supplementary charges, a nil rate, increased rates or reductions.
(6) The regulations may require Natural England to provide in specified circumstances an estimate of the amount of the nature restoration levy chargeable in respect of development of land.
(1) Nature restoration levy regulations must provide for a right of appeal on a question of fact in relation to the calculation of the amount of the levy payable by a developer.
(2) Regulations under this section or section 74(3)(c)(ii) may, in particular, make provision about—
(a) who may make an appeal,
(b) the court, tribunal or other person who is to determine an appeal,
(c) the period within which the right of appeal may be exercised,
(d) the procedure on an appeal, and
(e) the payment of fees, and award of costs, in relation to an appeal.
(3) In any proceedings for judicial review of a decision on an appeal, the defendant is to be such person as is specified in the regulations (and the regulations may also specify a person who is not to be the defendant for these purposes).
(1) Nature restoration levy regulations must require Natural England to spend money received by virtue of the nature restoration levy on conservation measures that relate to the environmental feature in relation to which the levy is charged (see section 62(2)).
(2) The regulations may specify—
(a) conservation measures that may be, or may not be, funded by the nature restoration levy;
(b) maintenance and operational activities in connection with conservation measures that may be, or may not be, funded by the levy;
(c) what is to be, or not to be, treated as funding.
(3) The regulations may—
(a) require Natural England to prepare and publish a list of conservation measures that are to be, or may be, wholly or partly funded by the nature restoration levy;
(b) include provision about the procedure to be followed in preparing a list (which may include provision for consultation, for the appointment of an independent person or a combination);
(c) include provision about the circumstances in which Natural England may and may not spend money received by virtue of the nature restoration levy on anything not included on the list.
(4) In making provision about funding, the regulations may, in particular—
(a) permit money received by virtue of the nature restoration levy to be used to reimburse expenditure already incurred;
(b) permit such money to be reserved for expenditure that may be incurred in the future;
(c) permit such money to be used (either generally or subject to limits set by or determined in accordance with the regulations) for administrative expenses in connection with an EDP;
(d) make provision for funding to extend beyond the EDP end date;
(e) make provision for the giving of loans, guarantees or indemnities;
(f) make provision about the use of money received by virtue of the nature restoration levy where anything for which it was to be used no longer requires funding;
(g) make provision about the use of money received by virtue of the nature restoration levy in a case where the EDP under which the levy was paid is revoked.
(5) The regulations may—
(a) require Natural England to account separately, and in accordance with the regulations, for any money received or due by virtue of the nature restoration levy;
(b) require Natural England to monitor the use made and to be made of such money;
(c) require Natural England to report on actual or expected charging, collection and use of money received by virtue of the nature restoration levy;
(d) permit or require Natural England to pass money to another public authority (and in paragraphs (a) to (c) a reference to Natural England includes a reference to a person to whom Natural England passes money in reliance on this paragraph).
(1) Nature restoration levy regulations must include provision about the collection of the nature restoration levy.
(2) The regulations may make provision for payment of the levy—
(a) on account;
(b) by instalments.
(3) The regulations may make provision about refunds (with or without interest) in cases of overpayment.
(4) The regulations may make provision requiring, or deeming, the imposition of conditions of development for the purpose of securing the collection of the nature restoration levy (including conditions of development that require the payment of the nature restoration levy before development begins or that require development to cease where the nature restoration levy that is payable has not been paid).
(5) The regulations may make provision about the treatment of payments of the nature restoration levy where there is a change to the development which affects the basis on which the levy is charged (including provision for payments that have been made in relation to a development to discharge liability for the nature restoration levy in respect of other development).
(6) The regulations may make provision about payment in forms other than money (such as making land available, carrying out works or providing services).
(7) The regulations may permit or require a public authority to collect any nature restoration levy charged by Natural England; and section 77(5)(a) and (c) apply to a collecting authority in respect of collection as they apply to Natural England.
(8) Regulations under this section may—
(a) replicate or apply (with or without modifications) any enactment relating to the collection of a tax;
(b) confer a discretion on Natural England or a collecting authority to determine any matter.
(1) Nature restoration levy regulations must include provision about enforcement of the nature restoration levy.
(2) The regulations must make provision about the consequences of late payment and failure to pay.
(3) The regulations may make provision about the consequences of failure to assume liability, to give a notice or to comply with another procedure under nature restoration levy regulations.
(4) The regulations may, in particular, include provision—
(a) for the payment of interest;
(b) for the imposition of a penalty or surcharge;
(c) conferring a power of entry onto land;
(d) requiring the provision of information;
(e) creating a criminal offence (including, in particular, an offence relating to evasion or attempted evasion or to the provision of false or misleading information or failure to provide information);
(f) conferring power to prosecute an offence;
(g) for enforcement of sums owed (whether by action on a debt, by distraint against goods or in any other way);
(h) conferring jurisdiction on a court to grant injunctive or other relief to enforce a provision of the regulations (including a provision included in reliance on this section);
(i) for enforcement in the case of death or insolvency of a person liable to pay the nature restoration levy.
(5) Nature restoration levy regulations may include provision (whether or not in the context of late payment or failure to pay) about registration or notification of actual or potential liability to pay the levy; and the regulations may include provision—
(a) for the creation of local land charges;
(b) for the registration of local land charges;
(c) for enforcement of local land charges (including, in particular, for enforcement—
(i) against successive owners, and
(ii) by way of sale or other disposal with consent of a court);
(d) for making entries in statutory registers;
(e) for the cancellation of charges and entries.
(6) Regulations under this section may—
(a) replicate or apply (with or without modifications) any enactment relating to the enforcement of a tax;
(b) provide for appeals.
(7) Regulations under this section may provide that any interest, penalty or surcharge payable by virtue of the regulations is to be treated for the purposes of sections 77 to 80 as if it were an amount of nature restoration levy.
(8) Regulations providing for a surcharge or penalty must ensure that the total amount of a surcharge or penalty in respect of an amount of nature restoration levy may not exceed 30% of that amount.
(9) But the regulations may provide for more than one surcharge or penalty to be imposed in relation to a levy charge.
(10) The regulations may not authorise entry to a private dwelling without a warrant issued by a justice of the peace.
(11) Regulations under this section creating a criminal offence may not provide for—
(a) imprisonment for a term exceeding the maximum term for summary offences, on summary conviction for an offence triable summarily only,
(b) imprisonment for a term exceeding the general limit in a magistrates’ court, on summary conviction for an offence triable either way, or
(c) imprisonment for a term exceeding 2 years, on conviction on indictment.
(12) In subsection (11)(a), “the maximum term for summary offences” means—
(a) in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;
(b) in relation to an offence committed after that time, 51 weeks.
(13) In this Part, a reference to administrative expenses in connection with an EDP includes a reference to enforcement expenses.
(1) Nature restoration levy regulations may require Natural England or another public authority to pay compensation in respect of loss or damage suffered as a result of enforcement action.
(2) In this section, “enforcement action” means action taken under regulations under section 79.
(3) The regulations may provide that compensation is not required to be paid—
(a) to a person who has failed to satisfy a liability to pay the nature restoration levy, or
(b) in other circumstances specified by the regulations.
(4) The regulations may make provision about—
(a) the time and manner in which a claim for compensation is to be made, and
(b) the sums, or the method of determining the sums, payable by way of compensation.
(5) Nature restoration levy regulations may permit or require Natural England to apply the nature restoration levy (either generally or subject to limits set by or determined in accordance with the regulations) for expenditure incurred under this section.
(6) A dispute about compensation may be referred to and determined by the Upper Tribunal.
(7) In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 apply subject to any necessary modifications and to the provisions of nature restoration levy regulations.
(1) The Secretary of State may give guidance to Natural England or another public authority about any matter connected with the nature restoration levy.
(2) Natural England, or any other public authority to whom guidance is given, must have regard to the guidance.
82 Administering, implementing and monitoring EDPs
(1) Natural England’s functions under this Part include—
(a) administering EDPs;
(b) taking conservation measures, and doing anything else that Natural England considers necessary to implement EDPs;
(c) monitoring EDPs.
(2) In exercise of the function under subsection (1)(b), Natural England may, among other things, develop land.
(3) Natural England may pay another person to take conservation measures.
(4) In monitoring an EDP, Natural England must take sufficient measures to monitor—
(a) the effectiveness of the conservation measures that have been implemented, and
(b) the effects of the EDP in general.
(5) In deciding how to monitor an EDP, Natural England must have regard to guidance issued by the Secretary of State.