Law

Levelling-up and Regeneration Act 2023

United Kingdom · statute

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In force since 2026-10-20, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 274 provisions

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274 provisions

101 Minor and consequential amendments in connection with Chapter 2

Schedule 8 contains minor and consequential amendments in connection with Chapter 2.

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103 Temporary stop notices in relation to listed buildings

(1) The Listed Buildings Act is amended as follows. (2) After section 44A insert— Temporary stop notices in England 44AA (1) This section applies where it appears to a local planning authority in England that— (a) works have been or are being executed to a listed building in their area, and (b) the works are such as to involve a contravention of section 9(1) or (2). (2) The authority may issue a temporary stop notice if, having regard to the effect of the works on the character of the building as one of special architectural or historic interest, they consider it is expedient that the works (or part of them) be stopped immediately. (3) A temporary stop notice must be in writing and must— (a) specify the works in question, (b) prohibit execution of the works (or so much of them as is specified in the notice), (c) set out the authority’s reasons for issuing the notice, and (d) include a statement of the effect of section 44AB. (4) A temporary stop notice may be served on a person who appears to the authority— (a) to be executing the works or causing them to be executed, (b) to have an interest in the building, or (c) to be an occupier of the building. (5) The authority must display a copy of the notice on the building; and the copy must specify the date on which it is first displayed. (6) A temporary stop notice takes effect when the copy of it is first displayed in accordance with subsection (5). (7) A temporary stop notice ceases to have effect— (a) at the end of the period of 56 days beginning with the day on which the copy of it is first displayed in accordance with subsection (5), or (b) if the notice specifies a shorter period beginning with that day, at the end of that period. (8) But if the authority withdraws the notice before the time when it would otherwise cease to have effect under subsection (7), the notice ceases to have effect on its withdrawal. (9) A local planning authority may not issue a subsequent temporary stop notice in relation to the same works unless the authority have, since issuing the previous notice, taken other enforcement action in relation to the contravention referred to in subsection (1)(b). (10) The reference in subsection (9) to taking other enforcement action includes a reference to obtaining an injunction under section 44A. (11) A temporary stop notice does not prohibit the execution of works of such description, or the execution of works in such circumstances, as the Secretary of State may by regulations prescribe. Temporary stop notices in England: offence 44AB (1) A person is guilty of an offence if the person contravenes, or causes or permits a contravention of, a temporary stop notice— (a) which has been served on the person under section 44AA(4), or (b) a copy of which has been displayed in accordance with section 44AA(5). (2) An offence under this section may be charged by reference to a day or to some longer period; and accordingly, a person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different periods. (3) In proceedings against a person for an offence under this section, it is a defence for the person to show that the person did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice. (4) In proceedings against a person for an offence under this section, it is also a defence for the person to show— (a) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building, (b) that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter, (c) that the works carried out were limited to the minimum measures immediately necessary, and (d) that notice in writing justifying in detail the carrying out of the works was given to the local planning authority as soon as reasonably practicable. (5) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine. (6) In determining the amount of a fine to be imposed on a person convicted under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence. Temporary stop notices in England: compensation 44AC (1) A person who, on the day when a temporary stop notice is first displayed in accordance with section 44AA(5), has an interest in the building is, on making a claim to the local planning authority within the prescribed time and in the prescribed manner, entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the notice. (2) But subsection (1) applies only if— (a) the works specified in the notice are not such as to involve a contravention of section 9(1) or (2), or (b) the authority withdraws the notice other than following the grant of listed building consent, after the day mentioned in subsection (1), which authorises the works. (3) The loss or damage in respect of which compensation is payable under this section includes a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the notice. (4) No compensation is payable under this section in the case of loss or damage suffered by a claimant if— (a) the claimant was required to provide information under a relevant provision, and (b) the loss or damage could have been avoided if the claimant had provided the information or had otherwise co-operated with the planning authority when responding to the notice. (5) In subsection (4)(a), each of the following is a relevant provision— (a) section 16 of the Local Government (Miscellaneous Provisions) Act 1976, and (b) section 330 of the principal Act. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In section 45 (concurrent enforcement functions in London of the Historic Buildings and Monuments Commission)— (a) after “43” insert “and 44AA to 44AC”; (b) after “those provisions” insert “, and in any provision of this Act referring to anything done under those provisions,”. (8) In section 46 (concurrent enforcement functions of the Secretary of State)— (a) after subsection (1) insert— (1A) If it appears to the Secretary of State to be expedient that a temporary stop notice should be issued in respect of any land in England, the Secretary of State may issue such a notice. ; (b) in subsection (2), after “(1)” insert “or (1A)”; (c) after subsection (3) insert— (3A) A temporary stop notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority under section 44AA. (9) In section 82A(2) (exceptions from Crown application), after paragraph (f) insert— (fza) section 44AB; . (10) In section 88 (rights of entry)— (a) after subsection (3) insert— (3ZA) Any person duly authorised in writing by the Secretary of State, a local planning authority in England or, where the authorisation relates to a building situated in Greater London, the Commission may at any reasonable time enter any land for any of the following purposes— (a) securing the display of a temporary stop notice issued under section 44AA; (b) ascertaining whether a temporary stop notice issued under that section is being complied with; (c) considering any claim for compensation under section 44AC. ; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) In section 88B (supplementary provision about rights of entry), after subsection (1) insert— (1ZA) Subsection (1) does not apply to a person authorised under section 88(3ZA) who intends to enter the land for either of the purposes mentioned in paragraphs (a) and (b) of that subsection. (12) In Schedule 2 (lapse of building preservation notices)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) after paragraph 4 insert— 4A Any temporary stop notice served under section 44AA(4) by the local planning authority with respect to the building while the building preservation notice was in force ceases to have effect. ; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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105 Removal of compensation for building preservation notice

(1) The Listed Buildings Act is amended as follows. (2) In section 3 (temporary listing in England: building preservation notices), after subsection (1) insert— (1A) Before serving a building preservation notice under this section, the local planning authority must consult with the Commission. (1B) Subsection (1A) does not apply where the Commission proposes to serve a building preservation notice under this section (see subsection (8)). (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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106 Street votes

(1) TCPA 1990 is amended in accordance with subsection (2). (2) After section 61Q (community right to build orders) insert— Street vote development orders Street vote development orders 61QA (1) A process may be initiated by or on behalf of a qualifying group for the purpose of requiring the Secretary of State to make a street vote development order. (2) A “street vote development order” is an order which grants planning permission in relation to a particular street area specified in the order— (a) for development specified in the order, or (b) for development of any description or class specified in the order. Qualifying groups 61QB (1) A “qualifying group”, in relation to a street vote development order, is a group of individuals— (a) each of whom on the prescribed date meet the conditions in subsection (2), and (b) comprised of at least— (i) the prescribed number, or (ii) the prescribed proportion of persons of a prescribed description. (2) The conditions are that the individual— (a) is entitled to vote in— (i) an Authority election, where any part of the street area to which the street vote development order would relate is within the City of London, or (ii) an election of councillors of any relevant council (other than the City of London) any part of whose area is within the street area to which the street vote development order would relate, (b) has a qualifying address for that election which is in the street area that the street vote development order would relate to, and (c) does not have an anonymous entry in the register of local government electors. (3) A “relevant council” means— (a) a district council, (b) a London borough council, (c) a metropolitan district council, or (d) a county council in relation to any area in England for which there is no district council. (4) For the purposes of this section— (a) “anonymous entry” is to be construed in accordance with section 9B of the Representation of the People Act 1983; (b) “Authority election” has the meaning given by section 203(1) of the Representation of the People Act 1983; (c) the Inner Temple and the Middle Temple are to be treated as forming part of the City of London; (d) “qualifying address” has the meaning given by section 9 of the Representation of the People Act 1983. Meaning of “street area” 61QC (1) A “street area” means an area in England— (a) which is of a prescribed description, and (b) no part of which is within an excluded area. (2) An “excluded area” means— (a) a National Park or the Broads; (b) an area comprising a world heritage property and its buffer zone as identified in accordance with the Operational Guidelines for the Implementation of the World Heritage Convention as published from time to time; (c) an area notified as a site of special scientific interest under section 28 of the Wildlife and Countryside Act 1981; (d) an area designated as an area of outstanding natural beauty under section 82 of the Countryside and Rights of Way Act 2000; (e) an area identified as green belt land, local green space or metropolitan open land in a development plan; (f) a European site within the meaning given by regulation 8 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012); (g) such other area as may be specified or described in regulations made by the Secretary of State. (3) In this section, “a world heritage property” means a property appearing on the World Heritage List (published in accordance with Article 11 of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted on 16 November 1972). Process for making street vote development orders 61QD (1) The Secretary of State must make regulations (“SVDO regulations”) which make provision about the preparation and making of a street vote development order. (2) SVDO regulations must, in particular, make provision— (a) for the appointment by the Secretary of State of a person to— (i) handle proposals made under section 61QA(1) (“street vote proposals”) or specified aspects of those proposals, (ii) carry out the independent examination of such proposals, and (iii) to make street vote development orders on the Secretary of State’s behalf, (and for the above purposes the same or different persons may be appointed); (b) as to the circumstances in which a street vote development order may be made and in particular must make provision requiring a referendum under section 61QE to be held before an order may be made. (3) SVDO regulations may, in particular, include provision as to— (a) the functions of a qualifying group in relation to a street vote proposal and how those functions are to be discharged (including provision for a member of the group or another prescribed person to be responsible for discharging them); (b) the form and content of a street vote proposal; (c) the information and documents (if any) which must accompany a street vote proposal; (d) the circumstances and the way in which a proposal may be withdrawn; (e) the steps that must be taken, and the conditions that must be met, before a proposal falls to be considered by an appointed person; (f) the circumstances in which an appointed person may or must decline to consider or reject a proposal; (g) the steps that must be taken, and the conditions that must be met, before a proposal falls to be independently examined; (h) the functions of the independent examination in relation to the proposal; (i) the circumstances in which an appointed person may terminate the independent examination (including provision as to the procedure for doing so); (j) the procedure to be followed at an examination (including provision regarding the procedure to be followed at any hearing or inquiry or provision designating the hearing or inquiry as a statutory inquiry for the purposes of section 9 of the Tribunals and Inquiries Act 1992); (k) the power to summons witnesses at any inquiry (including by applying, with or without modifications, section 250(3) and (4) of the Local Government Act 1972); (l) the award of costs in connection with an examination; (m) the steps to be taken following the independent examination (including provision for prescribed modifications to be made to the draft street vote development order); (n) the payment by a local planning authority of remuneration and expenses relating to the examination; (o) the functions of local planning authorities, or other authorities, in connection with street vote development orders (including provision regulating the arrangements of authorities for the discharge of those functions); (p) cases where there are two or more local planning authorities any of whose area falls within the area of the street area that the proposal relates to (including provision modifying functions of the local planning authorities under the regulations in such cases or provision applying, with or without modifications, any provision of Part 6 of the Local Government Act 1972 in cases where the provision would not otherwise apply); (q) requirements about the giving of notice and publicity; (r) the information and documents that are to be made available to the public; (s) consultation with and participation by the public or prescribed persons; (t) the making and consideration of representations; (u) the determination of the time by or at which anything must be done in connection with street vote development orders; (v) the provision by any person of prescribed information or documents or prescribed descriptions of information or documents in connection with a street vote development order; (w) the making of reasonable charges for anything done in connection with street vote development orders; (x) when a court may entertain proceedings for questioning prescribed decisions to act or any other prescribed matter. Referendums 61QE (1) SVDO regulations may make provision about referendums held in connection with street vote development orders and may, in particular, include provision— (a) as to the circumstances in which an appointed person or the Secretary of State may direct relevant councils to carry out a referendum in relation to a street vote development order; (b) the functions of such councils in relation to the referendum; (c) dealing with any case where there are two or more relevant councils any of whose area falls within the area in which a referendum is to take place (including provision for only one council to carry out functions in relation to the referendum in such a case); (d) prescribing a date by which the referendum must be held or before which it cannot be held; (e) as to the question to be asked in the referendum and any explanatory material in relation to that question; (f) as to voter eligibility for the referendum; (g) as to the publicity to be given in connection with the referendum; (h) as to the provision of prescribed information to voters in connection with the referendum (including information about any infrastructure levy or community infrastructure levy which is chargeable in respect of development under a street vote development order); (i) about the limitation of expenditure in connection with the referendum; (j) as to the conduct of the referendum; (k) as to when, where and how voting in the referendum is to take place; (l) as to how the votes cast are to be counted; (m) about certification as to the number of persons voting in the referendum and as to the number of those persons voting in favour of a street vote development order; (n) about the combination of polls at the referendum with polls at another referendum or at any election; (o) as to the threshold of votes that must be met before a street vote development order may be made. (2) For the purposes of making provision within subsection (1), SVDO regulations may apply or incorporate (with or without modifications) any provision made by or under any enactment relating to elections or referendums. (3) But where the regulations apply or incorporate (with or without modifications) any provision that creates an offence, the regulations may not impose a penalty greater than is provided for in respect of that provision. (4) Before making provision within this section, the Secretary of State must consult the Electoral Commission. (5) In this section “enactment” means an enactment, whenever passed or made. Regulations: general provision 61QF SVDO regulations may— (a) provide for exemptions (including exemptions which are subject to prescribed conditions); (b) confer a function, including a function involving the exercise of a discretion, on any person. Provision that may be made by a street vote development order 61QG (1) A street vote development order may make provision in relation to— (a) all land in the street area specified in the order, (b) any part of that land, or (c) a site in that area specified in the order. (2) A street vote development order may only provide for the granting of planning permission for any development that— (a) is prescribed development or development of a prescribed description or class, (b) is not excluded development, and (c) satisfies any further prescribed conditions. (3) A street vote development order may make different provision for different purposes. Meaning of “excluded development” 61QH The following development is excluded development for the purposes of section 61QG(2)(b) — (a) development of a scheduled monument within the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979; (b) Schedule 1 development as defined by regulation 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571); (c) development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008); (d) development of a listed building within the meaning given by section 1(5) of the Planning (Listed Buildings and Conservation) Areas Act 1990; (e) development consisting of the winning and working of minerals; (f) such other development as may be specified or described in regulations made by the Secretary of State. Permission granted by street vote development orders 61QI (1) The granting of planning permission by a street vote development order is subject to— (a) any prescribed conditions or limitations or conditions or limitations of a prescribed description, and (b) such other conditions or limitations as may be specified in the order (but see subsections (4) and (5)). (2) The conditions that may be specified include a condition that unless a relevant obligation is entered into— (a) the development authorised by the planning permission or any description of such development must not be begun, or (b) anything created in the course of the development authorised by the planning permission may not be occupied or used for any purpose. (3) A relevant obligation for the purposes of subsection (2) includes an obligation which involves the payment of money or affects any estate or interest in, or rights over, land. (4) But an order may only specify a condition that a person enter into an obligation under section 106 if the obligation— (a) is necessary to make the development specified in the order acceptable in planning terms, (b) is directly related to the development, (c) is fairly and reasonably related in scale and kind to the development, and (d) satisfies such other requirements as may be specified in regulations made by the Secretary of State. (5) The Secretary of State may by regulations provide that— (a) conditions or limitations of a prescribed description may not be imposed under subsection (1)(b), (b) conditions or limitations of a prescribed description may only be imposed under subsection (1)(b) in circumstances of a prescribed description, or (c) no conditions or limitations may be imposed under subsection (1)(b) in circumstances of a prescribed description. (6) A condition or limitation prescribed under subsection (1)(a) may confer a function on any person, including a function involving the exercise of a discretion. (7) If— (a) planning permission granted by a street vote development order for any development is withdrawn by the revocation of the order under section 61QJ, and (b) the revocation is made after the development has begun but before it has been completed, the development may, despite the withdrawal of the permission, be completed. (8) But an order under section 61QJ revoking a street vote development order may provide that subsection (7) is not to apply in relation to development specified in the order under that section. (9) In this section “relevant obligation” means— (a) an obligation under section 106 (planning obligations), or (b) an agreement under section 278 of the Highways Act 1980 (agreements as to execution of works). Revocation or modification of street vote development orders 61QJ (1) The Secretary of State may by order revoke or modify a street vote development order. (2) A local planning authority may, with the consent of the Secretary of State, by order revoke a street vote development order relating to a street area any part of which falls within the area of that authority. (3) If a street vote development order is revoked, the person revoking the order must state the reasons for the revocation. (4) An appointed person may at any time by order modify a street vote development order for the purpose of correcting errors. (5) A modification of a street vote development order is to be done by replacing the order with a new one containing the modification. (6) Regulations may make provision in connection with the revocation or modification of a street vote development order. (7) The regulations may, in particular, include provision as to— (a) the giving of notice and publicity in connection with a revocation or modification; (b) the information and documents relating to a revocation or modification that are to be made available to the public; (c) the making of reasonable charges for anything provided as a result of the regulations; (d) consultation with and participation by the public in relation to a revocation or modification; (e) the making and consideration of representations about a revocation or modification (including the time by which representations must be made). Financial assistance in relation to street votes 61QK (1) The Secretary of State may do anything that the Secretary of State considers appropriate— (a) for the purpose of publicising or promoting the making of street vote development orders and the benefits expected to arise from their making, or (b) for the purpose of giving advice or assistance to anyone in relation to the making of street vote proposals or the doing of anything else for the purposes of, or in connection with, such proposals or street vote development orders. (2) The things that the Secretary of State may do under this section include, in particular— (a) the provision of financial assistance (or the making of arrangements for its provision) to any body or other person, and (b) the making of agreements or other arrangements with any body or other person (under which payments may be made to the person). (3) In this section— (a) the reference to giving advice or assistance includes providing training or education; (b) any reference to the provision of financial assistance is to the provision of financial assistance by any means (including the making of a loan and the giving of a guarantee or indemnity). Street votes: connected modifications 61QL The Secretary of State may by regulations make provision modifying the application of Schedule 7A (biodiversity gain in England) in relation to planning permission granted by a street vote development order. Interpretation 61QM In sections 61QA to 61QL— “an appointed person” means a person appointed in accordance with section 61QD(2)(a); “excluded development” has the meaning given by section 61QH; “qualifying group” has the meaning given by section 61QB; “relevant council” has the meaning given by section 61QB(3); “street area” has the meaning given by section 61QC; “street vote development order” has the meaning given by section 61QA(2); “street vote proposal” has the meaning given by section 61QD(2)(a)(i); “SVDO regulations” has the meaning given by section 61QD(1). (3) Schedule 9 contains minor and consequential amendments in connection with this section.

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107 Street votes: community infrastructure levy

(1) The Planning Act 2008 is amended as follows. (2) In section 211(10) (amount of levy)— (a) at the beginning insert “Except where subsection (11) applies,”, and (b) from “, 213” to the end substitute “to 213 and 214(1) and (2) apply in relation to a revision of a charging schedule as they apply in relation to a charging schedule.” (3) After section 211(10) insert— (11) Where the only provision made by a charging schedule or a revision of a charging schedule is provision for the purpose of determining the amount of CIL chargeable in respect of street vote development— (a) sections 212 to 213 and 214(1) and (2) do not apply in relation to the charging schedule or the revision of the charging schedule, and (b) CIL regulations may make provision about procedural requirements that must be met before the charging schedule or revision may take effect. (12) “Street vote development” means development of land for which planning permission is granted by a street vote development order made under section 61QA of TCPA 1990. (4) After section 212(11) (charging schedule: examination) insert— (12) For exceptions to this section see section 211(11). (5) After section 212A(7) (charging schedule: examiner’s recommendations) insert— (8) For exceptions to this section see section 211(11). (6) After section 213(5) (charging schedule: approval) insert— (6) For exceptions to this section see section 211(11). (7) After section 214(6) (charging schedule: effect) insert— (7) For exceptions to subsections (1) and (2) of this section see section 211(11). (8) After section 214 (charging schedule: effect) insert— Secretary of State: power to require review of certain charging schedules 214A (1) This section applies where— (a) a charging schedule makes provision for the purpose of determining the amount of CIL chargeable in respect of street vote development, and (b) section 211(11) applied in relation to the charging schedule or the revision of the charging schedule in connection with making such provision. (2) The Secretary of State may direct a charging authority to review the charging schedule if the Secretary of State considers that— (a) the economic viability of street vote development in the charging authority’s area is significantly impaired, or (b) there is a substantial risk that it will become significantly impaired, as a result of the CIL which is or will be chargeable in respect of street vote development in that area. (3) If a charging authority is directed to review its charging schedule under subsection (2), it must— (a) consider whether to revise the charging schedule under section 211(9), and (b) notify the Secretary of State of its decision with reasons. (4) If the charging authority decides to revise the charging schedule, it must do so within a reasonable time. (5) If a charging authority has not complied with a direction given under subsection (2) within a reasonable time and to a standard which the Secretary of State considers adequate, the Secretary of State may appoint a person to do so on behalf of the charging authority. (6) If a person appointed under subsection (5) decides that the charging schedule should be revised, the charging authority must revise the schedule accordingly within a reasonable time. (7) If the charging authority fails to revise the charging schedule in accordance with subsection (4) or (6), the Secretary of State may appoint a person to do so on behalf of the charging authority. (8) CIL regulations may make provision about— (a) procedures for appointing a person under subsection (5) or (7), (b) conditions which must be met before such an appointment may be made, (c) procedures which must be followed by the person in complying with a direction given under subsection (2) or revising the charging schedule under subsection (7), (d) circumstances in which the person may be replaced, (e) duties of a charging authority where a person is appointed to act on its behalf under subsection (5) or (7), (f) liability for costs incurred as a result of the appointment of the person, and (g) what constitutes a reasonable time under subsections (4) to (6). (9) In this section “street vote development” has the meaning given by section 211(12). (9) In section 216(2) (application), after paragraph (f) insert— (fa) where the CIL is chargeable in respect of street vote development, affordable housing. (10) After section 216(7) insert— (8) In this section— “affordable housing” means— social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and any other description of housing that CIL regulations may specify; “street vote development” has the meaning given by section 211(12).

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108 Street votes: modifications of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017

The Secretary of State may by regulations make provision modifying the application of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/517) in relation to the grant of planning permission by a street vote development order.

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109 Crown development

(1) TCPA 1990 is amended as follows. (2) After section 293A insert— Urgent Crown development: applications to the Secretary of State 293B (1) This section applies where— (a) the appropriate authority intends to make a relevant application, and (b) the authority considers— (i) that the development to which the application relates is of national importance, and (ii) that it is necessary that the development is carried out as a matter of urgency. (2) The appropriate authority may make the application to the Secretary of State under this section. (3) In this section, “relevant application” means— (a) an application for planning permission for the development of land in England, or (b) an application for approval of a matter that, as defined in section 92, is a reserved matter in the case of an outline planning permission for the development of land in England, but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations. (4) An application under this section must include— (a) such information, documents or other matters as may be required by a development order, and (b) a statement of the appropriate authority’s grounds for making the application. (5) As soon as practicable after receiving the application, the Secretary of State must give notice to the appropriate authority either agreeing or refusing to determine the application. (6) The Secretary of State may only agree to determine the application if the Secretary of State considers that— (a) the development to which the application relates is of national importance, and (b) it is necessary that the development is carried out as a matter of urgency. (7) The Secretary of State must send a copy of a notice given under subsection (5) to the local planning authority to whom the application could otherwise have been made. (8) The Secretary of State may by notice require the appropriate authority to provide such further information as is necessary for the purposes of— (a) deciding whether to agree or to refuse to determine the application; (b) determining the application. (9) A development order may make provision— (a) as to the form and manner in which an application must be made; (b) requiring notice to be given of an application; (c) as to the form, content and service of a notice required under paragraph (b); (d) requiring that an application be publicised in such manner as the order may specify. (10) A development order which makes provision under subsection (9) may include provision to ensure that the imposition of any requirement under that subsection does not result in the public disclosure of sensitive information. (11) For the purposes of subsection (10), information is “sensitive” if the Secretary of State directs that— (a) it relates to matters of national security or measures taken or to be taken to ensure the security of any premises or property, and (b) its public disclosure would be contrary to the national interest. (12) A development order making any provision by virtue of this section may make different provision for different cases or different classes of development. (13) The Secretary of State may give directions requiring a local planning authority to do things in relation to an application made under section 293B that could otherwise have been made to that authority. (14) Directions under subsection (13)— (a) may relate to a particular application or to applications more generally; (b) may be given to a particular authority or to authorities more generally. Urgent Crown development: determination of applications by the Secretary of State 293C (1) This section applies where — (a) the appropriate authority has made a relevant application to the Secretary of State under section 293B, and (b) the Secretary of State has given notice under section 293B(5) agreeing to determine the application. (2) Before determining the application, the Secretary of State must consult the following persons about the application— (a) the local planning authority to which the application could otherwise have been made, and (b) such other persons as the Secretary of State considers appropriate. (3) A development order may make provision as to the consultation required by subsection (2) including— (a) provision requiring the Secretary of State to consult other specified persons (or persons of a specified description); (b) provision as to the manner in which persons may be consulted; (c) different provision for different cases or classes of development. (4) The Secretary of State may— (a) grant the application, either unconditionally or subject to such conditions as the Secretary of State thinks fit, or (b) refuse it. (5) The Secretary of State must notify the local planning authority to whom the application could otherwise have been made of the Secretary of State’s decision on the application. (6) The decision of the Secretary of State on the application is final. (7) Section 73A applies, with any necessary modifications, to an application for planning permission under section 293B as it applies to an application for planning permission which is to be determined by the local planning authority under Part 3. (8) The following provisions do not apply for the purposes of determining an application for planning permission under section 293B— (a) section 58B(1) of this Act; (b) sections 66(1) and 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. Crown development: applications to the Secretary of State 293D (1) This section applies where— (a) the appropriate authority intends to make a relevant application, and (b) the authority considers that the development to which it relates is of national importance. (2) The appropriate authority may make the application to the Secretary of State under this section. (3) In this section and section 293E, “relevant application” means— (a) an application for planning permission, or permission in principle, for the development of land in England, or (b) an application for approval of a matter that, as defined by section 92, is a reserved matter in the case of an outline planning permission for the development of land in England, but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations. (4) After receiving the application, the Secretary of State must give a notice to the appropriate authority stating whether the Secretary of State considers the development to be of national importance. (5) If the Secretary of State considers the development to be of national importance, the Secretary of State must proceed to determine the application. (6) If the Secretary of State considers that the development is not of national importance, the Secretary of State may take the steps referred to in either subsection (7) or, where it applies, subsection (9). (7) The Secretary of State may— (a) refer the application to the local planning authority to whom it could otherwise have been made, and (b) direct that the application— (i) is to be treated as having been made to the authority (and not to the Secretary of State under this section), and (ii) is to be determined by that authority accordingly. (8) Subsection (9) applies where— (a) the application could otherwise have been made to the Secretary of State under section 62A, and (b) the appropriate authority has given notice to the Secretary of State that the authority consents to the application being treated as having been made to the Secretary of State under that section. (9) The Secretary of State may— (a) direct that the application is to be treated as having been made to the Secretary of State under section 62A (and not to the Secretary of State under this section), and (b) determine the application accordingly. Crown development: connected applications to the Secretary of State 293E (1) This section applies where— (a) the appropriate authority makes an application to the Secretary of State under section 293D, and (b) the Secretary of State gives a notice to the appropriate authority under section 293D(4) stating that the development to which it relates is considered by the Secretary of State to be of national importance. (2) The appropriate authority may make an application (“a connected application”) under the planning Acts to the Secretary of State where the requirements of subsection (3) are met. (3) The requirements are that— (a) the application is— (i) for listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990, (ii) for hazardous substances consent under the Planning (Hazardous Substances) Act 1990, or (iii) of a prescribed description, (b) it is considered by the person making the application to be connected to an application under section 293D, (c) it is neither a relevant application nor an application of the kind described in section 73(1), and (d) it relates to land in England. (4) If a connected application is made under subsection (2), but the Secretary of State considers that it is not connected with the relevant application concerned, the Secretary of State may— (a) refer the connected application to the local planning authority, or hazardous substances authority, to whom it could otherwise have been made, and (b) direct that the connected application— (i) is to be treated as having been made to that authority (and not to the Secretary of State under this section), and (ii) is to be determined by that authority accordingly. Applications under section 293D or 293E: supplementary matters 293F (1) The decision of the Secretary of State on an application made under section 293D or 293E is final. (2) The Secretary of State may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made under section 293D or 293E that could otherwise have been made to that authority. (3) Directions under subsection (2)— (a) may relate to a particular application or to applications more generally; (b) may be given to a particular authority or to authorities more generally. Notifying parish councils of applications under section 293D(2) 293G (1) If an application is made to the Secretary of State under section 293D(2) and a parish council would be entitled under paragraph 8 of Schedule 1 to be notified of the application were it made to the local planning authority, the Secretary of State must notify the council of— (a) the application, and (b) any alteration of the application accepted by the Secretary of State. (2) Paragraph 8(4) and (5) of Schedule 1 apply in relation to duties of the Secretary of State under subsection (1) as they apply to duties of a local planning authority under paragraph 8(1) or (3B) of that Schedule. Provisions applying to applications made under section 293D or 293E 293H (1) Sections 62(3) and (4), 65(5), 70 to 70C, 72(1) and (5) and 73A apply, with any necessary modifications, to an application for planning permission made to the Secretary of State under section 293D as they apply to an application for planning permission which is to be determined by the local planning authority. (2) Any requirements imposed by a development order by virtue of section 62, 65 or 71 or paragraph 8(6) of Schedule 1, or by regulations under paragraph 14(3) or 16 of Schedule 7A, may be applied by a development order, with or without modifications, to an application for planning permission made to the Secretary of State under section 293D. (3) Sections 65(5) and 70 to 70C apply, with any necessary modifications, to an application for permission in principle made to the Secretary of State under section 293D as they apply to an application for permission in principle which is to be determined by the local planning authority. (4) Any requirements imposed by a development order by virtue of section 62(1), (2) or (8), 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for permission in principle made to the Secretary of State under section 293D. (5) Where an application is made to the Secretary of State under section 293E instead of to the authority to whom it could otherwise have been made, a development order may (with or without modifications) apply to the application any enactment that relates to applications of that kind when made to that authority. (6) A development order which makes provision under this section to apply to an application under section 293D or 293E (with or without modifications) any requirement to disclose information may include provision to secure that the requirement would not result in the public disclosure of sensitive information. (7) For the purposes of subsection (6), information is “sensitive” if the Secretary of State directs that— (a) it relates to matters of national security or measures taken or to be taken to ensure the security of any premises or property, and (b) its public disclosure would be contrary to the national interest. Deciding applications made under section 293D or 293E 293I (1) An application made to the Secretary of State under section 293D or 293E (“a direct application”) is to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State, subject to section 293J. (2) Where a person has been appointed under subsection (1) or this subsection to determine a direct application then, at any time before the person has determined the application, the Secretary of State may— (a) revoke the person’s appointment; (b) appoint another person to determine the application instead. (3) A person appointed under this section to determine a direct application has the same powers and duties that the Secretary of State has under section 293H. (4) Where a direct application is determined by a person appointed under this section, the person’s decision is to be treated as that of the Secretary of State. (5) Except as provided by Part 12, the validity of that decision is not to be questioned in any proceedings whatsoever. (6) It is not a ground of application to the High Court under section 288 that a direct application ought to have been determined by the Secretary of State and not by a person appointed under this section unless the applicant challenges the person’s power to determine the direct application before the person’s decision on the direct application is given. (7) Where any enactment (other than this section and section 319A)— (a) refers (or is to be read as referring) to the Secretary of State in a context relating to or capable of relating to a direct application (otherwise than by referring to the application having been made to the Secretary of State), or (b) refers (or is to be read as referring) to anything (other than the making of the application) done or authorised or required to be done by, to or before the Secretary of State in connection with any such application, then, so far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under this section, as if the reference to the Secretary of State were or included a reference to that person. Applications under section 293D or 293E: determination by the Secretary of State 293J (1) The Secretary of State may direct that an application made to the Secretary of State under section 293D or 293E (“a direct application”) is to be determined by the Secretary of State instead of by a person appointed under section 293I. (2) Where a direction is given under subsection (1), the Secretary of State must serve a copy of the direction on— (a) the person, if any, appointed under section 293I to determine the application concerned, (b) the applicant, and (c) the local planning authority. (3) Where a direct application is to be determined by the Secretary of State in consequence of a direction under subsection (1)— (a) in determining the application, the Secretary of State may take into account any report made to the Secretary of State by any person previously appointed to determine the application, and (b) subject to that, the provisions of the planning Acts which are relevant to the application apply to it as if section 293I had never applied to it. (4) The Secretary of State may by a further direction revoke a direction under subsection (1) at any time before the determination of the direct application concerned. (5) Where a direction is given under subsection (4), the Secretary of State must serve a copy of the direction on— (a) the person, if any, previously appointed under section 293I to determine the application concerned, (b) the applicant, and (c) the local planning authority. (6) Where a direction is given under subsection (4) in relation to a direct application— (a) anything done by or on behalf of the Secretary of State in connection with the application which might have been done by a person appointed under section 293I to determine the application is, unless the person appointed under section 293I to determine the application directs otherwise, to be treated as having been done by that person, and (b) subject to that, section 293I applies to the application as if no direction under subsection (1) had been given in relation to the application. (3) Schedule 10 contains consequential amendments.

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111 Development commencement notices

(1) TCPA 1990 is amended as follows. (2) After section 93 insert— Commencement of development: England Commencement notices 93G (1) This section applies where— (a) planning permission has been granted under section 70 or 73 for the development of any land in England, and (b) the development is of a prescribed description. (2) Before the development is begun, the person proposing to carry it out must give a notice (a “commencement notice”) to the local planning authority specifying the date on which the person expects the development to be begun. (3) Once a person has given a commencement notice, the person— (a) may give a further commencement notice substituting a new date for the date previously given, and (b) must do so if the development is not commenced on the date previously given. (4) A commencement notice must— (a) include such information as may be prescribed, and (b) be in such form and be given in such manner as may be prescribed. (5) Where it appears to the local planning authority that a person has failed to comply with the requirements of subsection (2) or (3)(b), they may serve a notice on any relevant person requiring the relevant person to give the authority such of the information prescribed under subsection (4)(a) as the notice may specify. (6) In subsection (5) “relevant person” means— (a) the person to whom the requirements of subsection (2) or (3)(b) applied, and (b) any person who is the owner or occupier of the land to which the planning permission relates or who has any other interest in that land. (7) A person on whom a notice under subsection (5) is served is guilty of an offence if they fail to give the information required by the notice within the period of 21 days beginning with the day on which it was served. (8) It is a defence for a person charged with an offence under subsection (7) to prove that they had a reasonable excuse for failing to provide the information required. (9) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (10) When granting planning permission under section 70 or 73 for the development of any land in England, a local planning authority must by notice inform the applicant of— (a) the requirements of subsections (2) and (3)(b), and (b) the consequences of non-compliance with those requirements. (3) In section 56 (time when development begins), in subsection (3), after “92,” insert “93G,”. (4) In section 69 (register of applications etc)— (a) in subsection (1), after paragraph (f) (inserted by section 114(4)(a)) insert— (g) commencement notices under section 93G. ; (b) in subsection (2), after paragraph (c) (inserted by section 114(4)(b)) insert— (d) such information as is prescribed with respect to commencement notices under section 93G that are given to the local planning authority.

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112 Completion notices

(1) TCPA 1990 is amended as follows. (2) After section 93G insert— Termination of planning permission: England Completion notices 93H (1) This section applies where— (a) a planning permission relating to land in England is by virtue of section 91 or 92 subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has been begun within that period but has not been completed, (b) development has begun in accordance with a simplified planning zone scheme in England but has not been completed by the time the area ceases to be a simplified planning zone, (c) development has begun in accordance with planning permission under an enterprise zone scheme in England but has not been completed by the time the area ceases to be an enterprise zone, (d) a planning permission under a neighbourhood development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed, or (e) a planning permission under a street vote development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed. (2) If the local planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (a “completion notice”) stating that the planning permission will cease to have effect at a specified time (the “completion notice deadline”). (3) The completion notice deadline must be— (a) at least 12 months after the completion notice was served, and (b) if the notice was served in a case within subsection (1)(a) or (d) before the end of the period referred to in that provision, at least 12 months after the end of that period. (4) A completion notice must include— (a) prescribed information in relation to the right of appeal against the notice, and (b) any other prescribed information. (5) A completion notice must be served on— (a) the owner of the land, (b) if different, the occupier of the land, and (c) a person not falling within paragraph (a) or (b) with an interest in the land, being an interest which, in the opinion of the local planning authority, is materially affected by the notice. (6) The local planning authority may withdraw a completion notice at any time before the completion notice deadline. (7) If they do so they must immediately give notice of the withdrawal to every person who was served with the completion notice. (8) If it appears to the Secretary of State to be expedient that a completion notice should be served in respect of any land in England, the Secretary of State may, after consulting the local planning authority, serve such a notice. Appeals against completion notices 93I (1) Where a completion notice is served by a local planning authority under section 93H, any of the following may appeal to the Secretary of State against it (whether or not the notice was served on them)— (a) the owner of the land, (b) a person not within paragraph (a) with an interest in the land, and (c) a person who occupies the land by virtue of a licence. (2) An appeal may be brought on any of the following grounds— (a) that the appellant considers that the development will be completed within a reasonable period; (b) that the completion notice deadline is an unreasonable one; (c) that the notice was not served on the persons on whom it was required to be served under section 93H(5). (3) The Secretary of State may by regulations prescribe the procedure which is to be followed on appeals under this section. (4) The regulations may in particular include provision— (a) as to the period within which an appeal must be brought; (b) as to how an appeal is made; (c) as to the information to be supplied by the appellant; (d) as to how a local planning authority must respond to an appeal and the information to be supplied by the authority; (e) for the purpose of securing that the appeal is brought to the attention of persons in the locality of the development. (5) On an appeal under this section the Secretary of State may— (a) quash the completion notice, (b) vary the completion notice by substituting a later completion notice deadline, or (c) uphold the notice with the original completion notice deadline. (6) On an appeal under this section the Secretary of State may also correct any defect, error or misdescription in the completion notice if satisfied that the correction will not cause injustice to the appellant or the local planning authority. (7) If, on an appeal made on the ground referred to in subsection (1)(c), the Secretary of State determines that the completion notice was not served on a person on whom it should have been served, the notice need not be quashed if it appears to the Secretary of State that neither that person nor the appellant has been substantially prejudiced by that fact. (8) Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) applies in relation to any proceedings before the Secretary of State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250. Effect of completion notices 93J (1) The planning permission to which a completion notice relates becomes invalid at the completion notice deadline (whether as originally specified or substituted on appeal under section 93I). (2) Where an appeal is brought under section 93H the completion notice is of no effect pending the final determination or withdrawal of the appeal. (3) Subsection (1) does not affect any planning permission so far as relating to development carried out under it before the completion notice deadline. (3) Schedule 11 contains consequential amendments. (4) The amendments made by this section and Schedule 11 apply in relation to planning permission granted before, as well as to planning permission granted after, the coming into force of this section. (5) But a completion notice may not be served under section 93H of TCPA 1990 in a case where— (a) before the coming into force of this section, a completion notice was served under section 94(2) of TCPA 1990, and (b) that completion notice is awaiting confirmation under section 95 of TCPA 1990.

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113 Power to decline to determine applications in cases of earlier non-implementation etc

(1) TCPA 1990 is amended as follows. (2) After section 70C insert— Power to decline to determine applications in cases of earlier non-implementation etc 70D (1) A local planning authority in England may decline to determine an application for planning permission for the development of any land if— (a) the development is development of a prescribed description, (b) the application is made by— (i) a person who has previously made an application for planning permission for development of land all or any part of which is in the local planning authority’s area at the time the current application is made (“the earlier application”), or (ii) a person who has a connection of a prescribed description with the development to which the earlier application related (“the earlier development”), (c) the earlier development was of a description prescribed under paragraph (a), and (d) subsection (2) or (3) applies to the earlier development. (2) This subsection applies to the earlier development if the earlier development has not begun. (3) This subsection applies to the earlier development if— (a) the earlier development has begun but has not been substantially completed, and (b) the local planning authority is of the opinion that the carrying out of the earlier development has been unreasonably slow. (4) In forming an opinion as to whether the carrying out of the earlier development has been unreasonably slow, the local planning authority must have regard to all the circumstances, including in particular— (a) in a case where a commencement notice under section 93G has been given, whether the development— (i) was begun by the date specified in the notice, and (ii) was carried out in accordance with any timescales specified in it, (b) whether a completion notice was served in respect of the earlier development under section 93H or (before the coming into force of section 93H) section 94 or 96 and, if so, whether the permission granted became invalid under section 93J or (as the case may be) section 95, and (c) any prescribed circumstances. (5) Where a person applies to a local planning authority for planning permission for development of a description prescribed under subsection (1)(a), the authority may by notice require the person to provide such information, being information of a prescribed description, as the authority may specify in the notice for the purpose of its functions under this section. (6) If a person does not comply with a notice under subsection (5) within the period of 21 days beginning with the day on which the notice was served, the local planning authority may decline to determine the application. (7) If a person to whom a notice under subsection (5) is given— (a) makes a statement purporting to comply with the notice which the person knows to be false or misleading in a material particular, or (b) recklessly makes such a statement which is false or misleading in a material particular, the person is guilty of an offence. (8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine. (9) Subsection (1) does not permit a local planning authority to decline to determine an application for planning permission to which section 73, 73A or 73B applies. (3) In section 56 (time when development begins), in subsection (3), after “61D(5) and (7),” insert “70D,”. (4) In section 76C (provisions applying to applications under section 62A), in subsection (1), for “70C” substitute “70D”. (5) In section 78 (right to appeal), in subsection (2)(aa), after “or 70C” insert “or 70D”. (6) In section 174 (appeal against enforcement notice), in subsection (2AA)(b) (as substituted by section 118 of this Act), for “or 70C” substitute “, 70C or 70D”.

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114 Condition relating to development progress reports

(1) TCPA 1990 is amended as follows. (2) In section 56(3) (time when development begun), after “89,” insert “90B,”. (3) Before section 91 (including the italic heading before that section) insert— Development progress reports Condition relating to development progress reports in England 90B (1) This section applies where relevant planning permission is granted for relevant residential development in England. (2) The relevant planning permission must be granted subject to a condition that a development progress report must be provided to the local planning authority in whose area the development is to be carried out for each reporting period. (3) The first reporting period in relation to the development is to be a period— (a) beginning at a prescribed time or by reference to a prescribed event, and (b) during which the development is begun. (4) A new reporting period is to begin immediately after the end of a reporting period which is not the last reporting period. (5) A reporting period which is not the last reporting period is to be a period of 12 months. (6) The last reporting period is to be a period ending with the day on which the development is completed (subject to any provision made under subsection (9)). (7) A “development progress report”, in relation to relevant residential development, means a report which sets out— (a) the progress that has been made, and that remains to be made, towards completing the dwellings the creation of which the development is to involve, as at the end of the reporting period to which the report relates, (b) the progress which is predicted to be made towards completing those dwellings over each subsequent reporting period up to and including the last reporting period, and (c) such other information as may be prescribed in regulations under subsection (9). (8) If relevant planning permission is granted without the condition required by subsection (2), it is to be treated as having been granted subject to that condition. (9) The Secretary of State may by regulations make provision— (a) about the form and content of development progress reports; (b) about when and how development progress reports are to be provided to local planning authorities; (c) about who may or must provide development progress reports to local planning authorities; (d) about the provision of development progress reports and other information to local planning authorities where there is a change in circumstances in connection with relevant residential development, such as (for example) where the development is no longer intended to be completed in accordance with— (i) the relevant planning permission; (ii) a previous development progress report; (iii) any timescales specified in a commencement notice given under section 93G; (e) about when a condition under subsection (2) is to be treated as being discharged; (f) about when relevant residential development is to be treated as being completed for the purposes of this section. (10) In this section— “relevant planning permission” means planning permission other than— planning permission granted by a development order; planning permission granted for development carried out before the grant of that permission; planning permission granted for a limited period; planning permission granted by an enterprise zone scheme; planning permission granted by a simplified planning zone scheme; “relevant residential development” means development which— involves the creation of one or more dwellings, and is of a prescribed description. (4) In section 69 (register of applications etc)— (a) in subsection (1), after paragraph (e) insert— (f) development progress reports under section 90B; ; (b) in subsection (2), after paragraph (b) insert— (c) such information as is prescribed with respect to development progress reports under section 90B that are provided to the local planning authority; . (5) In section 70 (determination of applications: general considerations), in subsection (1)(a), after “sections” insert “90B,”. (6) In section 73 (determination of applications to develop land after non-compliance), before subsection (4) insert— (2E) Nothing in this section authorises the disapplication of the condition under section 90B (condition relating to development progress reports in England). (7) In section 96A (power to make non-material changes to planning permission), before subsection (4) insert— (3B) The conditions referred to in subsection (3)(b) do not include the condition under section 90B (condition relating to development progress reports in England). (8) In section 97 (revocation or modification of planning permission), at the end insert— (9) Subsection (1) does not permit the revocation or modification of the condition under section 90B (condition relating to development progress reports in England). (9) In section 100ZA(13)(c) (restrictions on power to impose planning conditions in England), as amended by paragraph 3(12) of Schedule 14 to the Environment Act 2021, at the end insert “or the condition under section 90B (condition relating to development progress reports in England)”. (10) Until paragraph 3(12) of Schedule 14 to the Environment Act 2021 comes into force, section 100ZA(13)(c) has effect as if at the end there were inserted “but do not include the condition under section 90B (condition relating to development progress reports in England)”.

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115 Time limits for enforcement

(1) In section 171B of TCPA 1990 (time limits), in subsection (1), for the words from “four years” to the end substitute— (a) in the case of a breach of planning control in England, ten years beginning with the date on which the operations were substantially completed, and (b) in the case of a breach of planning control in Wales, four years beginning with the date on which the operations were substantially completed. (2) In that section, in subsection (2), for the words from “four years” to the end substitute— (a) in the case of a breach of planning control in England, ten years beginning with the date of the breach, and (b) in the case of a breach of planning control in Wales, four years beginning with the date of the breach.

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116 Duration of temporary stop notices

(1) Section 171E of TCPA 1990 (temporary stop notices) is amended as follows. (2) In subsection (7)(a), for “period of 28 days” substitute “relevant period”. (3) After subsection (7) insert— (8) In subsection (7)(a), “relevant period” means— (a) in the case of a notice issued by a local planning authority in England, 56 days; (b) in the case of a notice issued by a local planning authority in Wales, 28 days.

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117 Enforcement warning notices

(1) TCPA 1990 is amended as follows. (2) In section 171A (expressions used in connection with enforcement), in subsection (2)— (a) before paragraph (a) insert— (za) the issue of an enforcement warning notice in relation to land in England under section 172ZA; ; (b) in paragraph (aa), for “(defined in section 173ZA)” substitute “in relation to land in Wales under section 173ZA”. (3) Before section 172A insert— Enforcement warning notice: England 172ZA (1) The local planning authority may issue a notice (an “enforcement warning notice”) where it appears to them that— (a) there has been a breach of planning control in respect of any land in England, and (b) there is a reasonable prospect that, if an application for planning permission in respect of the development concerned were made, planning permission would be granted. (2) The notice must— (a) state the matters that appear to the authority to constitute the breach of planning control, and (b) state that, unless an application for planning permission is made within a period specified in the notice, further enforcement action may be taken. (3) A copy of the notice must be served— (a) on the owner and the occupier of the land to which it relates, and (b) on any other person having an interest in the land, being an interest that, in the opinion of the authority, would be materially affected by the taking of any further enforcement action. (4) The issue of an enforcement warning notice does not affect any other power exercisable in respect of any breach of planning control. (4) In section 188 (register of enforcement and stop notices and other enforcement action) in subsection (1)— (a) after paragraph (za) insert— (zb) to enforcement warning notices under section 172ZA (enforcement warning notice: England), ; (b) in paragraph (aa), at the end insert “under section 173ZA (enforcement warning notice: Wales)”. (5) In that section, in subsection (2)— (a) in paragraph (a), for “enforcement warning notice” substitute “enforcement warning notice under section 172ZA or 173ZA”; (b) in paragraph (b), after “enforcement notices” insert “and enforcement warning notices under section 172ZA”.

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118 Restriction on appeals against enforcement notices

In section 174 of TCPA 1990 (appeal against enforcement notice), for subsections (2A) and (2B) substitute — (2A) An appeal may not be brought on the ground specified in subsection (2)(a) if— (a) the land to which the enforcement notice relates is in England, and (b) the enforcement notice was issued at a time after the making of an application for planning permission that was related to the enforcement notice. (2AA) For the purposes of subsection (2A)— (a) an application for planning permission for the development of any land is related to an enforcement notice if granting planning permission for the development would involve granting planning permission in respect of the matters specified in the enforcement notice as constituting a breach of planning control; (b) an application for planning permission that the local planning authority or the Secretary of State declined to determine under section 70A, 70B or 70C is to be ignored. (2AB) But subsection (2A) does not apply if— (a) the application for planning permission has ceased to be under consideration, and (b) the enforcement notice was issued after the end of the period of two years beginning with the day on which the application ceased to be under consideration. (2AC) For the purposes of subsection (2AB), an application for planning permission has ceased to be under consideration if— (a) the application was refused, or granted subject to conditions, and, in the case of an application determined by the local planning authority, the applicant did not appeal under section 78(1)(a); (b) the applicant did not appeal in the circumstances mentioned in section 78(2) and the application was not subsequently refused; (c) the applicant appealed under section 78(1)(a) or section 78(2) and— (i) the appeal was dismissed, (ii) the application was on appeal granted subject to conditions, or subject to different conditions, or (iii) the Secretary of State declined under section 79(6) to determine the appeal. (2B) For the purposes of subsection (2AB), the day on which the application ceased to be under consideration is— (a) in a case within subsection (2AC)(a), the day on which the right to appeal arose; (b) in a case within subsection (2AC)(b), the day after the end of the prescribed period referred to in section 78(2); (c) in a case within subsection (2AC)(c)(i), the day on which the appeal was dismissed; (d) in a case within subsection (2AC)(c)(ii), the day on which the appeal was determined; (e) in a case within subsection (2AC)(c)(iii) relating to an appeal under section 78(1)(a), the day on which the right to appeal arose; (f) in a case within subsection (2AC)(c)(iii) relating to an appeal under section 78(2), the day after the end of the prescribed period referred to in section 78(2).

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119 Undue delays in appeals

(1) TCPA 1990 is amended as follows. (2) In section 176 (determination of appeals relating to enforcement notices), at the end insert— (6) If at any time before or during the determination of an appeal against an enforcement notice issued by a local planning authority in England it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, the Secretary of State may— (a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are so specified for the expedition of the appeal, and (b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly. (3) In section 195 (appeals relating to certificates of lawfulness), after subsection (3) insert— (3A) Where the local planning authority referred to in subsection (1) is in England, if at any time before or during the determination of an appeal under subsection (1)(a) or (b) it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, the Secretary of State may— (a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are so specified for the expedition of the appeal, and (b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly. (4) In Schedule 6 (determination of certain appeals by person appointed by Secretary of State), in paragraph 2 (powers and duties of appointed person)— (a) in sub-paragraph (1)(b) for “and (5)” substitute “, (5) and (6)”; (b) in sub-paragraph (1)(c), for “and (3)” substitute “, (3) and (3A)”.

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120 Penalties for non-compliance

(1) In section 187A of TCPA 1990 (enforcement of conditions), in subsection (12), for the words from “to a fine” to the end substitute— (a) to a fine, if the land is in England, or (b) to a fine not exceeding level 3 on the standard scale, if the land is in Wales. (2) In section 216 of TCPA 1990 (penalty for non-compliance with section 215 notice)— (a) in subsection (2), for the words from “to a fine” to the end substitute— (a) to a fine, if the land is England, or (b) to a fine not exceeding level 3 on the standard scale, if the land is in Wales. ; (b) in subsection (6), for “one-tenth of level 3 on the standard scale” substitute “the relevant amount”; (c) after subsection (6) insert— (6A) In subsection (6) “the relevant amount” means— (a) if the land is in England, one-tenth of the greater of— (i) £5000, or (ii) level 4 on the standard scale; (b) if the land is in Wales, one-tenth of level 3 on the standard scale.

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121 Power to provide relief from enforcement of planning conditions

After section 196D of TCPA 1990 insert— Relief from enforcement Power to provide relief from enforcement of planning conditions 196E (1) The Secretary of State may by regulations provide that a local planning authority in England may not take, or is subject to specified restrictions in how it may take, relevant enforcement measures in relation to any actual or apparent failure to comply with a relevant planning condition. (2) The Secretary of State may make regulations under subsection (1) only if the Secretary of State considers that it is appropriate to make the regulations for the purposes of national defence or preventing or responding to civil emergency or significant disruption to the economy of the United Kingdom or any part of the United Kingdom. (3) The power in subsection (1) may only be exercised in respect of an actual or apparent failure which occurs during a specified period of not more than one year (the “relief period”) or which is apprehended during the relief period to so occur (but see subsections (7) and (8)). (4) A “relevant enforcement measure” is anything which may be done by a local planning authority in England for the purposes of investigating, preventing, remedying or penalising an actual or apparent failure to comply with a relevant planning condition. (5) A relevant enforcement measure includes, in particular— (a) the exercise of a power under— (i) section 171BA (power to apply for planning enforcement order); (ii) section 187B (power to apply to court for injunction); (iii) section 196A (power to enter without a warrant); (iv) section 196B (power to apply for, and enter under, warrant); (b) the issue of— (i) a planning contravention notice under section 171C, (ii) a temporary stop notice under section 171E, (iii) an enforcement notice under section 172, (iv) an enforcement warning notice under section 172ZA, (v) a stop notice under section 183, or (vi) a breach of condition notice under section 187A. (6) A “relevant planning condition” is a condition or limitation subject to which planning permission for development of land in England is granted, but does not include a condition under— (a) section 90A and Schedule 7A (condition relating to biodiversity gain); (b) section 90B (condition relating to development progress reports); (c) section 91 (condition limiting duration of planning permission); (d) section 92 (conditions for outline planning permission). (7) Regulations under subsection (1) may make provision as to the treatment of an actual or apparent failure to comply with a relevant planning condition, which— (a) starts before, but continues after, the start of the relief period, or (b) starts during, but continues after, that period. (8) Regulations under subsection (1) may provide that an actual or apparent failure to comply with a relevant planning condition is not to be treated as occurring during the relief period, if the failure— (a) occurs wholly during the period, and (b) is not remedied by a specified time after the period. (9) Regulations under subsection (1) may make provision that, where anything relating to the taking of a relevant enforcement measure is to be or may be done by a time during the relief period, it is to be or may be instead done by a specified time after that period. (10) Regulations under subsection (1) may— (a) apply in relation to all, or only specified, local planning authorities in England; (b) apply in relation to all, or only specified, relevant planning conditions; (c) apply in relation to all, or only specified, relevant enforcement measures; (d) prevent the taking of relevant enforcement measures indefinitely or only for a specified period of time. (11) In this section, “specified” means specified or described in regulations under subsection (1).

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122 Consultation before applying for planning permission

In section 122 of the Localism Act 2011 (consultation before applying for planning permission in England), omit subsections (3) and (4) (which provide for the expiry of sections 61W to 61Y of TCPA 1990).

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123 Duty in relation to self-build and custom housebuilding

(1) In section 2A of the Self-build and Custom Housebuilding Act 2015 (duty to grant planning permissions etc)— (a) in subsection (2)— (i) omit “suitable”; (ii) for “in respect of enough serviced plots” substitute “for the carrying out of self-build and custom housebuilding on enough serviced plots”; (iii) for “arising in” substitute “in respect of”; (b) after subsection (5) insert— (5A) Regulations may make provision specifying descriptions of planning permissions or permissions in principle that are, or are not, to be treated as development permission for the carrying out of self-build and custom housebuilding for the purposes of this section. ; (c) in subsection (6), for paragraph (a) substitute— (a) the demand for self-build and custom housebuilding in an authority’s area in respect of a base period is the aggregate of— (i) the demand for self-build and custom housebuilding arising in the authority’s area in the base period; and (ii) any demand for self-build and custom housebuilding that arose in the authority’s area in an earlier base period and in relation to which— (A) the time allowed for complying with the duty in subsection (2) expired during the base period in question, and (B) the duty in subsection (2) has not been met; (aa) the demand for self-build and custom housebuilding arising in an authority’s area in a base period is evidenced by the number of entries added during that period to the register under section 1 kept by the authority; ; (d) omit subsection (6)(c); (e) in subsection (9)(b), for “arising in” substitute “in respect of”. (2) In section 4 of the Self-build and Custom Housebuilding Act 2015 (regulations), in subsection (2), before paragraph (za) insert— (zza) section 2A(5A), .

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124 Powers as to form and content of planning applications

(1) Before section 327A of TCPA 1990 insert— Planning applications in England: powers as to form and content 327ZA (1) Subsections (2) to (3) apply to a relevant power to make provision about— (a) the form or manner in which a planning application is to be made, or (b) the form or manner in which an associated document is to be provided. (2) The power includes power to make provision requiring or allowing the application to be made, or the associated document to be provided— (a) by particular electronic means, or (b) by electronic means that satisfy particular technical standards or specifications. (3) The power includes power to make provision requiring or allowing the authority to which a planning application is (or is to be) made to waive a requirement of a sort described in subsection (2). (4) Subsection (5) applies to a relevant power to make provision about the content of a planning application or associated document. (5) The power includes power to make provision requiring the application or associated document, or any particular content of it, to be prepared or endorsed by a person with particular qualifications or experience. (6) Subsection (7) applies to any power within subsection (1) or (4). (7) The power may be exercised by making provision referring (and giving effect) to such material of a particular description as is published from time to time by the Secretary of State on a government website together with a statement that it has effect for the purposes of the provision in question. (8) Provision that may be made by virtue of subsection (7) includes, for example, provision requiring or allowing a planning application to be made (or an associated document to be provided) using such a form, or in accordance with such specifications, as are published from time to time as mentioned in that subsection. (9) In this section, a “relevant power to make provision” about a certain matter is a power of the Secretary of State under this Act to make subordinate provision about that matter, if and so far as the power is exercisable in relation to England. (10) It is irrelevant for the purposes of subsection (9) in what terms a power is conferred (and, in particular, whether it relates specifically to the matter in question or is a more general power capable of exercise in relation to that matter). (11) In this section— “associated document” means any document or other material that— accompanies, relates to, or is or is to be subject of, a planning application, and is required by or under this Act to be provided by or on behalf of the person making the application; “planning application” means— an application under, or for the purposes of, any provision of Part 3 or 8 of this Act or any subordinate provision made under that Part, or an application under section 191 or 192, but does not include an application made in legal proceedings; “provided” includes prepared, submitted, issued, served, notified and published; “subordinate provision” means provision in an order or in regulations. (2) In section 62(2A) of TCPA 1990 (powers relating to applications for planning permission to include certain applications under conditions), before paragraph (a) insert— (za) applications for any consent, agreement or approval required by a condition under section 61C(1)(b), . (3) In paragraph 14 of Schedule 7A to TCPA 1990 (biodiversity gain plans) at the end insert— (4) Section 327ZA applies to the power conferred by sub-paragraph (3) as if a biodiversity gain plan were an “associated document” within the meaning of that section. (4) In section 17 of the Listed Buildings Act (conditions of listed building consent), after subsection (3) insert— (4) Regulations under this Act in relation to England may, in relation to applications made pursuant to a condition attached to listed building consent, make any provision corresponding to provision that may be made in relation to applications for such consent under section 10(3). (5) In section 89 of the Listed Buildings Act (application of general provisions of TCPA 1990)— (a) in subsection (1), after the entry for section 323A insert— section 327ZA (powers as to form and content of applications in England); ; (b) before subsection (1A) insert— (1ZC) In section 327ZA of the principal Act as applied by this section, references to a planning application are to be read as references to an application under, or for the purposes of, any provision of Chapter 2 of Part 1 of this Act or any subordinate provision made under that Chapter (but are not to be read as including an application made in legal proceedings). (6) In section 10 of the Hazardous Substances Act (conditions of hazardous substance consent), after subsection (3) insert— (4) Regulations in relation to England may, in relation to applications made pursuant to a condition attached to hazardous substance consent, make any provision corresponding to provision that may be made in relation to applications for such consent under section 7. (7) In section 37 of the Hazardous Substances Act (application of general provisions of TCPA 1990)— (a) in subsection (2), after the entry for section 323A insert— section 327ZA (powers as to form and content of applications in England); ; (b) at the end insert— (5) In section 327ZA of the principal Act as applied by this section, references to a planning application are to be read as references to an application under, or for the purposes of, any provision of this Act or any subordinate provision made under this Act (but are not to be read as including an application made in legal proceedings).

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126 Fees for certain services in relation to nationally significant infrastructure projects

(1) After section 54 of the Planning Act 2008 (rights of entry: Crown land) insert— Chapter 4 Fees Power to provide for fees for certain services in relation to nationally significant infrastructure projects 54A (1) The Secretary of State may make regulations for and in connection with the charging of fees 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 in connection with— (a) an application or proposed application— (i) for an order granting development consent, or (ii) to make a change to, or revoke, such an order, or (b) any other prescribed matter relating to nationally significant infrastructure projects. (3) The regulations 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 who is liable to pay a fee charged; (e) about when a fee charged is payable; (f) about the recovery of fees charged; (g) about waiver, reduction or repayment of fees; (h) about the effect of paying or failing to pay fees charged (including provision permitting a public authority prescribed under subsection (1) to withhold a relevant service that they would otherwise be required to provide under an enactment until any outstanding fees for that service are paid); (i) for the supply of information for any purpose of the regulations; (j) conferring a function, including a function involving the exercise of a discretion, on any person. (4) A public authority prescribed under subsection (1) must have regard to any guidance published by the Secretary of State in relation to the exercise of its functions under the regulations. (5) In this section, “public authority” means any person certain of whose functions are of a public nature.

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127 Power to shorten deadline for examination of development consent order applications

(1) Section 98 of the Planning Act 2008 (timetable for examining, and reporting on, application for development consent order) is amended as follows. (2) After subsection (4) insert— (4A) The Secretary of State may set a date for a deadline under subsection (1) that is earlier than the date for the time being set. (3) In subsection (6), after “subsection (4)” insert “or (4A)”.

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128 Additional powers in relation to non-material changes to development consent orders

In paragraph 2 of Schedule 6 to the Planning Act 2008 (non-material changes), after sub-paragraph (1) insert— (1A) The Secretary of State may by regulations make provision about— (a) the decision-making process in relation to the exercise of the power conferred by sub-paragraph (1); (b) the making of the decision as to whether to exercise that power; (c) the effect of a decision to exercise that power. This is subject to sub-paragraph (2). (1B) The power to make regulations under sub-paragraph (1A) includes power to allow a person to exercise a discretion.

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129 Hazardous substances consent: connected applications to the Secretary of State

In section 62A of TCPA 1990 (when application may be made directly to the Secretary of State), in subsection (3)(a)— (a) in sub-paragraph (i) omit “or”; (b) after that sub-paragraph insert— (ia) an application for hazardous substances consent under the Planning (Hazardous Substances) Act 1990, or .

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130 Regulations and orders under the Planning Acts

(1) In section 333 of TCPA 1990 (regulations and orders)— (a) after subsection (2A) insert— (2B) Regulations made under this Act may make consequential, supplementary, incidental, transitional, transitory or saving provision. ; (b) after subsection (7) insert— (8) Orders made under this Act by statutory instrument may make consequential, supplementary, incidental, transitional, transitory or saving provision. (2) In section 238 of TCPA 1990 (consecrated land), in subsection (5)(c), for the words from “contain” to the end substitute “in particular by virtue of section 333(2B) include provision as to the closing of registers”. (3) In TCPA 1990, omit the following— (a) section 61Z2(3); (b) section 106ZB(2)(a); (c) in section 116(2), the words “and incidental or supplementary provision”; (d) section 202G(4); (e) section 303(6)(a); (f) section 303ZA(4)(a); (g) section 319A(10)(a); (h) section 319B(10)(a); (i) in Schedule 4D, paragraph 1(3). (4) In section 93 of the Listed Buildings Act (regulations and orders), for subsection (6) substitute— (6) Regulations made under this Act and orders made under this Act by statutory instrument may make consequential, supplementary, incidental, transitional, transitory or saving provision. (5) In the Listed Buildings Act, omit the following— (a) section 88D(9)(a); (b) section 88E(9)(a). (6) In section 40 of the Hazardous Substances Act (regulations)— (a) in the heading, after “Regulations” insert “and orders”; (b) after subsection (4) insert— (5) Regulations made under this Act and orders made under this Act by statutory instrument may make consequential, supplementary, incidental, transitional, transitory or saving provision. (7) In section 5 of the Hazardous Substances Act (power to prescribe hazardous substances), in subsection (3), for “to make such transitional provision” substitute “under section 40(5) for regulations under this section to make transitional provision”. (8) In the Hazardous Substances Act, omit the following— (a) section 21A(9)(a); (b) section 21B(9)(a).

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131 Power for appointees to vary determinations as to procedure

In paragraph 2 of Schedule 6 to TCPA 1990 (powers and duties of appointed persons), in sub-paragraph (10)— (a) for “does not apply” substitute “applies”; (b) at the end insert “only for the purposes of subsection (4) of that section”.

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132 Pre-consolidation amendment of planning, development and compulsory purchase legislation

(1) The Secretary of State may by regulations make such amendments and modifications of the relevant enactments as in the Secretary of State’s opinion facilitate, or are otherwise desirable in connection with, the consolidation of some or all of those enactments. (2) “Relevant enactments” means— (a) the enactments listed in subsection (3), and (b) any other enactments, whenever passed or made, so far as relating to— (i) planning or development, or (ii) the compulsory purchase of land (including compensation for such purchases). (3) The enactments referred to in subsection (2)(a) are— the Land Clauses Consolidation Act 1845; the Railway Clauses Consolidation Act 1845; sections 9, 13, 76 and 77 of the National Parks and Access to the Countryside Act 1949; the Land Compensation Act 1961; the Compulsory Purchase Act 1965; the Agriculture Act 1967; the Civic Amenities Act 1967; the Land Compensation Act 1973; sections 13 to 16 of (and Schedule 1 to) the Local Government (Miscellaneous Provisions) Act 1976; Parts 13, 14, 16 and 18 of the Local Government, Planning and Land Act 1980; the Compulsory Purchase (Vesting Declarations) Act 1981; the Acquisition of Land Act 1981; the New Towns Act 1981; Part 3 of the Housing Act 1988; TCPA 1990; the Listed Buildings Act; the Hazardous Substances Act; the Planning and Compensation Act 1991; Part 3 and section 96 of (and Schedule 14 to) the Environment Act 1995; GLAA 1999; PCPA 2004; the Planning Act 2008; the Planning and Energy Act 2008; Chapter 3 of Part 5, Part 6 and Chapter 2 of Part 8 of the Localism Act 2011; Parts 6 and 7 of the Housing and Planning Act 2016; section 15 of the Neighbourhood Planning Act 2017; Parts 3 to 9 of this Act. (4) For the purposes of this section, “amend” includes repeal and revoke (and similar terms are to be read accordingly). (5) Subsection (6) applies where, in the Secretary of State’s opinion, an amendment or modification made by regulations under this section facilitates or is otherwise desirable in connection with the consolidation of certain relevant enactments. (6) The regulations must provide that the amendment or modification comes into force immediately before an Act consolidating those relevant enactments comes into force. (7) Regulations under this section must not make any provision which is within— (a) Scottish devolved legislative competence, (b) Welsh devolved legislative competence, or (c) Northern Ireland devolved legislative competence, unless that provision is a restatement of provision or is merely incidental to, or consequential on, provision that would be outside that legislative competence. (8) For the purposes of subsection (7)— (a) provision is within “Scottish devolved legislative competence” where, if it were included in an Act of the Scottish Parliament, it would be within the legislative competence of that Parliament; (b) provision is within “Welsh devolved legislative competence” where, if it were included in an Act of Senedd Cymru, it would be within the legislative competence of the Senedd (including any provision that could be made only with the consent of a Minister of the Crown); (c) provision is within “Northern Ireland devolved legislative competence” where the provision— (i) would be within the legislative competence of the Northern Ireland Assembly, if it were included in an Act of that Assembly, and (ii) would not, if it were included in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State. (9) In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

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133 Participation in certain proceedings conducted by, or on behalf of, the Secretary of State

(1) The Secretary of State may, to the extent not otherwise able to do so, require or permit a person who takes part in relevant proceedings conducted by the Secretary of State to do so (wholly or partly) remotely. (2) The references in subsection (1) to the Secretary of State include references to a person appointed by the Secretary of State. (3) “Relevant proceedings” means any inquiry, hearing, examination, meeting or other proceedings under an Act (whenever passed or made) which relate to planning, development or the compulsory purchase of land. (4) Relevant proceedings include, in particular— (a) any proceedings to which section 319A of TCPA 1990 applies (see subsections (7) to (10) of that section); (b) any proceedings under section 20 of, or paragraph 6 of Schedule 3 to, the Listed Buildings Act; (c) any proceedings under section 21 of, or paragraph 6 of the Schedule to, the Hazardous Substances Act; (d) any proceedings under section 13A of, or paragraph 4A of Schedule 1 to, the Acquisition of Land Act 1981; (e) any proceedings under Part 10A or Part 11 of the Planning Act 2008; (f) an examination under Part 2 of PCPA 2004; (g) an examination under Chapter 2 or 3 of Part 6 of the Planning Act 2008 (including any meetings under Chapter 4 of that Part) in relation to an application for an order granting development consent; (h) an examination under Schedule 4B to the TCPA 1990 in relation to a draft neighbourhood development order. (5) For the purposes of this section a person takes part in relevant proceedings remotely if they take part through— (a) a live telephone link, (b) a live television link, or (c) any other arrangement which does not involve the person attending the proceedings in person.

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135 Biodiversity net gain: pre-development biodiversity value and habitat enhancement

In Schedule 7A to the TCPA 1990 (biodiversity gain in England)— (a) in paragraph 5(4), after “6” insert “, 6A, 6B”; (b) after paragraph 6 insert— 6A If— (a) a person carries on activities on land on or after 25 August 2023 in accordance with a planning permission (other than the planning permission referred to in paragraph 5(1)), (b) on the relevant date, development for which that other planning permission was granted— (i) has not been begun, or (ii) has been begun but has not been completed, and (c) as a result of the activities the biodiversity value of the onsite habitat referred to in paragraph 5(1) is lower on the relevant date than it would otherwise have been, the pre-development biodiversity value of the onsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities. 6B (1) This paragraph applies where there is insufficient evidence of the biodiversity value of an onsite habitat immediately before the carrying on of the activities referred to in paragraph 6 or 6A. (2) The biodiversity value of the onsite habitat immediately before the carrying on of the activities referred to in paragraph 6 or 6A is to be taken to be the highest biodiversity value of the onsite habitat which is reasonably supported by any available evidence relating to the onsite habitat. ; (c) in paragraph 10— (i) in sub-paragraph (1), after “habitat enhancement” insert “of an offsite habitat”; (ii) after sub-paragraph (1) insert— (1A) For the purposes of sub-paragraph (1) (and without prejudice to paragraphs 3 and 4(1)), a habitat enhancement is calculated as the amount by which the projected value of the offsite habitat as at the end of the maintenance period referred to in section 100(2)(b) of the Environment Act 2021 exceeds its pre-enhancement biodiversity value. (1B) The pre-enhancement biodiversity value of an offsite habitat is the biodiversity value of the offsite habitat on the relevant date. (1C) The relevant date is— (a) the date on which the application is made to register the land subject to the habitat enhancement in the biodiversity gain site register, or (b) such other date as may be specified in the conservation covenant or planning obligation. (1D) But if— (a) a person carries on activities on an offsite habitat on or after 25 August 2023 otherwise than in accordance with— (i) planning permission, or (ii) any other permission of a kind specified by the Secretary of State by regulations, and (b) as a result of the activities the biodiversity value of the offsite habitat is lower on the relevant date than it would otherwise have been, the pre-enhancement biodiversity value of the offsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities. ; (d) in paragraph 12(1), after the definition of “onsite habitat” insert— “offsite habitat” means habitat which is not onsite habitat.

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136 Development affecting ancient woodland

(1) Before the end of the period of three months beginning with the day on which this Act is passed, the Secretary of State must vary the Town and Country Planning (Consultation) (England) Direction 2021 (“the 2021 Direction”) so that it applies in relation to applications for planning permission for development affecting ancient woodland. (2) In subsection (1) “ancient woodland” means an area in England which has been continuously wooded since at least the end of the year 1600 A.D. (3) This section does not affect whether or how the Secretary of State may withdraw or vary the 2021 Direction after it has been varied as mentioned in subsection (1).

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140 Enforcement of Community Infrastructure Levy

(1) In section 218 of the Planning Act 2008 (enforcement), for subsections (11) and (12) substitute— (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.

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152 Power to specify environmental outcomes

(1) Regulations made by an appropriate authority under this Part (“EOR regulations”) may specify outcomes relating to environmental protection in the United Kingdom or elsewhere that are to be “specified environmental outcomes” for the purposes of this Part. (2) “Environmental protection” means— (a) protection of the natural environment, cultural heritage and the landscape from the effects of human activity (including, amongst other things, the protection of chalk streams from abstraction and pollution); (b) protection of people from the effects of human activity on the natural environment, cultural heritage and the landscape; (c) maintenance, restoration or enhancement of the natural environment, cultural heritage or the landscape; (d) monitoring, assessing, considering, advising or reporting on anything in paragraphs (a) to (c). (3) The “natural environment” means— (a) plants, wild animals and other living organisms, (b) their habitats (including, amongst other things, chalk streams), (c) land (except buildings or other structures), air and water, and the natural systems, cycles and processes through which they interact. (4) “Cultural heritage” means any building, structure, other feature of the natural or built environment or site, which is of historic, architectural, archaeological or artistic interest. (5) Before making any EOR regulations which contain provision about what the specified environmental outcomes are to be, an appropriate authority must have regard to— (a) in the case of regulations made by the Secretary of State acting alone or jointly with a devolved authority, the current environmental improvement plan (within the meaning of Part 1 of the Environment Act 2021), (b) in the case of regulations made by the Scottish Ministers acting alone, the current environmental policy strategy (within the meaning of section 47 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (asp 4)), (c) in the case of regulations made by the Welsh Ministers acting alone, the current national natural resources policy (within the meaning of section 9 of the Environment (Wales) Act 2016), or (d) in the case of regulations made by a Northern Ireland department acting alone, the current environmental improvement plan (within the meaning of Schedule 2 to the Environment Act 2021).

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153 Environmental outcomes reports for relevant consents and relevant plans

(1) EOR regulations may make provision requiring an environmental outcomes report to be prepared in relation to a proposed relevant consent or a proposed relevant plan. (2) Where an environmental outcomes report is required to be prepared in relation to a proposed relevant consent— (a) the proposed relevant consent may not be given, unless an environmental outcomes report has been prepared in relation to it, and (b) that report must be taken into account or given effect, in accordance with EOR regulations, in determining whether and on what terms the proposed consent is to be given. (3) Where an environmental outcomes report is required to be prepared in relation to a proposed relevant plan— (a) no step may be taken which would have the effect of bringing the proposed relevant plan into effect, unless an environmental outcomes report has been prepared in relation to it, and (b) that report must be taken into account or given effect, in accordance with EOR regulations, in determining whether and on what terms the proposed relevant plan is to have effect. (4) An “environmental outcomes report”, in relation to a proposed relevant consent or proposed relevant plan, means a written report which assesses— (a) the extent to which the proposed relevant consent or proposed relevant plan would, or is likely to, impact on the delivery of specified environmental outcomes, (b) any proposals for increasing the extent to which a specified environmental outcome is delivered, (c) any steps that may be proposed for the purposes of— (i) avoiding the effects of a specified environmental outcome not being delivered to any extent; (ii) so far as the effects of a specified environmental outcome not being delivered to any extent cannot be avoided, mitigating those effects; (iii) so far as the effects of a specified environmental outcome not being delivered to any extent cannot be avoided or mitigated, compensating for the specified environmental outcome not being delivered, and (d) any proposals about how— (i) the impact of the proposed relevant consent or proposed relevant plan on the delivery of a specified environmental outcome, or (ii) the taking of any proposed steps of the kind mentioned in paragraph (c), should be monitored or secured. (5) The reference in subsection (4)(c) to steps includes— (a) reasonable alternatives to the relevant consent, to the project to which the relevant consent relates or to any element of either, or (as the case may be) (b) reasonable alternatives to the relevant plan or any element of it. (6) Subsection (2) does not apply in relation to a relevant consent where— (a) the requirement for the consent is imposed under subsection (4) of section 154, and (b) the consent is to be given or refused in an environmental outcomes report in accordance with provision under subsection (5) of that section. (7) EOR regulations may include provision about or in connection with— (a) what is to be taken to constitute the giving of a relevant consent for the purposes of subsection (2); (b) the proposed relevant consents and proposed relevant plans for which an environmental outcomes report is, or may be, required; (c) in relation to proposed relevant consents and proposed relevant plans for which an environmental outcomes report may be required, the circumstances in which a report is required; (d) an environmental outcomes report not needing to assess the extent to which a proposed relevant consent or proposed relevant plan would, or is likely to, impact on the delivery of a specified environmental outcome, where an adequate assessment of the impact on delivery of the outcome has in effect already been, or is to be, carried out in a different environmental outcomes report; (e) what proposals an environmental outcomes report may or must deal with under subsection (4)(b), (c) and (d); (f) how any of the assessments mentioned in subsection (4) are to be carried out; (g) the information to be included in, and the content and form of, an environmental outcomes report, including provision requiring, or permitting a public authority to require, a report to deal with matters in addition to those provided for in subsection (4); (h) how, and to what extent, environmental outcomes reports are to be taken into account or given effect by public authorities in considering, and making decisions in relation to, relevant consents or relevant plans; (i) the carrying out of any proposals assessed in an environmental outcomes report under subsection (4)(b), (c) and (d).

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154 Power to define “relevant consent” and “relevant plan” etc

(1) EOR regulations may provide that a consent of a description specified in the regulations (a “category 1 consent”) is to be a “relevant consent” for the purposes of this Part in all cases. (2) EOR regulations may provide that a consent of a description specified in the regulations (a “category 2 consent”) is to be a “relevant consent” for the purposes of this Part only if certain criteria specified in EOR regulations are met. (3) EOR regulations may make provision about, or in connection with, how, when and by whom it is to be determined whether criteria are met, such that a category 2 consent is a relevant consent. (4) EOR regulations may impose a requirement for a consent in relation to a project, which is to be a category 1 consent or a category 2 consent. (5) EOR regulations may make provision about, or in connection with, how a consent which is required under subsection (4) is to be given, including provision for it to be given (or refused) by an environmental outcomes report. (6) “Relevant plan” means a plan or programme which— (a) relates, or may relate, to a project or to environmental protection in the United Kingdom or a relevant offshore area, and (b) is specified or described in EOR regulations for the purposes of this subsection. (7) References in this Part to a proposed relevant consent or proposed relevant plan include references to a proposed variation or modification of, or revision to, a relevant consent or relevant plan (however described). (8) “Consent” means any consent, approval, permission, authorisation, confirmation or decision (however described, given or made) that is required, or otherwise provided for, by or under any enactment in relation to a project. (9) “Project” means a project in the United Kingdom , a relevant offshore area or, where subsection (10) applies, an area beyond national jurisdiction involving— (a) construction, engineering, demolition, dismantling or decommissioning, (b) the installation, depositing or removal of any thing, (c) the exploitation of natural resources by any means, (d) a change in the use of land, a building or other structure, or (e) any other activity capable of affecting the natural environment, cultural heritage or landscape. (10) This subsection applies where the activity within any of paragraphs (a) to (e) of subsection (9) is or involves a licensable marine activity within the meaning of— (a) section 66 of the Marine and Coastal Access Act 2009, or (b) section 21 of the Marine (Scotland) Act 2010 (asp 5). (11) In this section, “area beyond national jurisdiction” has the meaning given by Article 1(2) of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, opened for signature at New York on 20 September 2023.

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155 Assessing and monitoring impact on outcomes etc

(1) EOR regulations may make provision about, or in connection with, how the extent to which a relevant consent or relevant plan actually affects the delivery of a specified environmental outcome is to be assessed or monitored. (2) EOR regulations may make provision about, or in connection with, how the carrying out of any proposals assessed in an environmental outcomes report under section 153(4)(b), (c) or (d), or requirements under subsection (3), is to be assessed or monitored. (3) EOR regulations may make provision requiring action to be taken, if an assessment or monitoring under subsection (1) or (2) determines that is appropriate for the purposes of— (a) increasing the extent to which a specified environmental outcome is delivered, (b) mitigating or remedying the effects of a specified environmental outcome not being delivered to any extent, or (c) compensating for a specified environmental outcome not being delivered to any extent.

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156 Safeguards: non-regression, international obligations and public engagement

(1) An appropriate authority may make EOR regulations only if satisfied that making the regulations will not result in environmental law providing an overall level of environmental protection that is less than that provided by environmental law at the time this Act is passed. (2) EOR regulations may not contain provision that is inconsistent with the implementation of the international obligations of the United Kingdom relating to the assessment of the environmental impact of relevant plans and relevant consents. (3) In exercising functions under this Part, an appropriate authority must seek to ensure that (so far as would not otherwise be the case) arrangements will exist under which the public will be informed of any proposed relevant consent or proposed relevant plan in sufficient detail, and at a sufficiently early stage, to enable adequate public engagement to take place. (4) In this section— “adequate public engagement” means such engagement with the public, in relation to a proposed relevant consent or proposed relevant plan, as the appropriate authority considers appropriate; “environmental law” means environmental law (within the meaning of Part 1 of the Environment Act 2021 but disregarding section 46(3) and (4) of that Act), whether or not the environmental law is in force.

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157 Requirements to consult devolved administrations

(1) The Secretary of State may only make EOR regulations which contain provision— (a) within Scottish devolved legislative competence, or (b) which could be made by the Scottish Ministers, with the consent of the Scottish Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence. (2) The Secretary of State may only make EOR regulations which contain provision that confers a function on, or modifies or removes a function of, the Scottish Ministers after consulting the Scottish Ministers, unless— (a) that provision is contained in regulations which require the consent of the Scottish Ministers by virtue of subsection (1), or (b) that provision is merely incidental to, or consequential on, provision that would be outside Scottish devolved legislative competence. (3) Provision is “within Scottish devolved legislative competence” where, if the provision were included in an Act of the Scottish Parliament, it would be within the legislative competence of that Parliament. (4) The Secretary of State may only make EOR regulations which contain provision within Welsh devolved legislative competence with the consent of the Welsh Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence. (5) The Secretary of State may only make EOR regulations which contain provision that could be made by the Welsh Ministers or that confers a function on, or modifies or removes a function of, the Welsh Ministers or a devolved Welsh authority after consulting the Welsh Ministers, unless— (a) that provision is contained in regulations which require the consent of the Welsh Ministers by virtue of subsection (4), or (b) that provision is merely incidental to, or consequential on, provision that would be outside Welsh devolved legislative competence. (6) “Devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act). (7) Provision is “within Welsh devolved legislative competence” where, if the provision were included in an Act of Senedd Cymru, it would be within the legislative competence of the Senedd (including any provision that could be made only with the consent of a Minister of the Crown). (8) The Secretary of State may only make EOR regulations which contain provision within Northern Ireland devolved legislative competence with the consent of the relevant Northern Ireland department, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence. (9) The Secretary of State may only make EOR regulations which contain provision that could be made by a Northern Ireland department or that confers a function on, or modifies or removes a function of, a Northern Ireland department after consulting the relevant Northern Ireland department, unless— (a) that provision is contained in regulations which require the consent of the relevant Northern Ireland department by virtue of subsection (8), or (b) that provision is merely incidental to, or consequential on, provision that would be outside Northern Ireland devolved legislative competence. (10) The “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the provision which is to be contained in the regulations concerned. (11) Provision is within “Northern Ireland devolved legislative competence” where the provision— (a) would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and (b) would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State. (12) In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

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158 EOR regulations: devolved authorities

Schedule 13 contains restrictions on the exercise of the powers under this Part by devolved authorities.

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159 Exemptions for national defence and civil emergency etc

(1) The Secretary of State may direct that no environmental outcomes report is required to be prepared in relation to a proposed relevant consent which is solely for the purposes of national defence or preventing or responding to civil emergency. (2) EOR regulations may provide for further circumstances in which the Secretary of State is to be able to direct that no environmental outcomes report is required to be prepared. (3) A direction under this section may provide that provision in EOR regulations specified in the direction applies (subject to any modifications specified in the direction), despite the fact that no environmental outcomes report is required to be prepared. (4) The Secretary of State may modify or revoke a direction under this section.

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