(1) EOR regulations may make provision about, or in connection with, the enforcement of requirements imposed by or under this Part.
(2) EOR regulations under this section may, in particular, include provision—
(a) creating a criminal offence (but may not create a criminal offence punishable with imprisonment);
(b) conferring a power on any court or tribunal;
(c) for the imposition of civil sanctions and appeals against such sanctions;
(d) conferring a power of entry (whether or not on the authority of a warrant);
(e) conferring a power of inspection, search, seizure or detention (whether or not on the authority of a warrant);
(f) authorising, or making provision for the authorisation of, the use of reasonable force in connection with a power mentioned in paragraph (d) or (e);
(g) applying, or corresponding to, any provision, made by or under any enactment, relating to enforcement in connection with a category 1 consent or a category 2 consent (with or without modifications).
(3) EOR regulations under subsection (2)(c) may make provision for the imposition of civil sanctions whether or not the conduct in respect of which the sanction is imposed constitutes an offence.
(4) In this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices, enforcement undertakings).
(1) EOR regulations may make provision requiring a public authority to report on, or provide information in relation to, the delivery of specified environmental outcomes.
(2) EOR regulations may, in particular, include provision about or in connection with—
(a) the information to be included in, and the content and form of, a report required under subsection (1);
(b) the content and form of information required to be provided under subsection (1);
(c) when, or the circumstances in which, the information or report must be provided;
(d) the publication of the information or report;
(e) who the information or report is to be provided to;
(f) a report being combined with another document which is to be prepared under any enactment.
(1) An appropriate authority must consult the public before making EOR regulations which contain provision—
(a) under section 152(1) (specified environmental outcomes);
(b) amending, repealing or revoking relevant existing environmental assessment legislation.
(2) An appropriate authority must consult such persons as the appropriate authority considers appropriate—
(a) before making EOR regulations which contain provision under—
(i) section 154(1) to (6) (consents and plans subject to this Part);
(ii) section 159(2) (power to provide for further exemptions by Secretary of State direction);
(iii) section 160 (enforcement);
(iv) section 164 (interaction with existing environmental assessment legislation and the Habitats Regulations);
(b) before issuing, modifying or withdrawing any guidance under section 163, which relates to—
(i) how the likely impact of a proposed relevant consent or proposed relevant plan on the delivery of a specified environmental outcome should be assessed, or
(ii) how the extent to which a relevant consent or relevant plan actually affects the delivery of a specified environmental outcome should be assessed or monitored.
(3) EOR regulations may require a public authority to respond, or to respond in a particular way or by a particular time, to a consultation under subsection (1) or (2).
(4) The requirements to consult in subsections (1) and (2) may be met by consultation carried out before the subsection concerned comes into force.
(1) A public authority carrying out a function under this Part, other than under regulations made by a devolved authority acting alone, must have regard to any guidance issued by the Secretary of State in relation to the function.
(2) A public authority carrying out a function under regulations made under this Part by the Secretary of State acting jointly with one or more devolved authorities must have regard to any guidance issued by the Secretary of State or any of those devolved authorities in relation to the function.
(3) Before issuing guidance under subsection (2)—
(a) the Secretary of State must—
(i) obtain the consent of the Scottish Ministers so far as the guidance relates to a matter provision about which would be within Scottish devolved legislative competence by virtue of section 157(3) or which could be made by the Scottish Ministers;
(ii) obtain the consent of the Welsh Ministers so far as the guidance relates to a matter provision about which would be within Welsh devolved legislative competence (see section 157(7));
(iii) obtain the consent of the relevant Northern Ireland department so far as the guidance relates to a matter provision about which would be within Northern Ireland devolved legislative competence (see section 157(11));
(b) the Scottish Ministers must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would not be within Scottish devolved legislative competence by virtue of section 157(3) or which could not be made by the Scottish Ministers;
(c) the Welsh Ministers must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would be outside Welsh devolved legislative competence (see section 157(7));
(d) a Northern Ireland department must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would be outside Northern Ireland devolved legislative competence (see section 157(11)).
(4) The “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the material which is to be contained in the guidance concerned.
(5) A public authority carrying out a function under regulations made under this Part by a devolved authority acting alone must have regard to any guidance issued by the devolved authority in relation to the function.
(6) A public authority carrying out a function under existing environmental assessment legislation listed in Part 1 of Schedule 14 (other than a function under Schedule 3 to the Harbours Act 1964 so far as relating to environmental impact assessments in Scotland) must have regard to any guidance issued by the Secretary of State in relation to the function.
(7) A public authority carrying out a function under existing environmental assessment legislation listed in Part 2 of Schedule 14 must have regard to any guidance issued by the Scottish Ministers in relation to the function.
(8) A public authority carrying out a function under existing environmental assessment legislation listed in Part 3 of Schedule 14 must have regard to any guidance issued by the Welsh Ministers in relation to the function.
(9) A public authority carrying out a function under existing environmental assessment legislation listed in Part 4 of Schedule 14 must have regard to any guidance issued by a Northern Ireland department in relation to the function.
(10) EOR regulations may require any person carrying out a function under EOR regulations to have regard to guidance issued by an appropriate authority in relation to the function, failing which the function is not to be regarded as having been validly carried out.
164 Interaction with existing environmental assessment legislation and the Habitats Regulations
(1) EOR regulations may make provision about, or in connection with, the interaction of this Part with existing environmental assessment legislation or the Habitats Regulations.
(2) EOR regulations under this section may, in particular, include provision—
(a) treating anything done, or omitted to be done, in relation to an environmental outcomes report as satisfying or failing to satisfy a requirement under relevant existing environmental assessment legislation or the relevant Habitats Regulations;
(b) treating anything done, or omitted to be done, under existing environmental assessment legislation or the Habitats Regulations as satisfying or failing to satisfy a requirement imposed by or under this Part;
(c) about the co-ordination of things done under this Part and things done under existing environmental assessment legislation or the Habitats Regulations;
(d) disapplying or otherwise modifying any provision of relevant existing environmental assessment legislation or the relevant Habitats Regulations where preparation of an environmental outcomes report is required under this Part;
(e) disapplying or otherwise modifying any provision of this Part or EOR regulations where something is done, or required to be done, under existing environmental assessment legislation or the Habitats Regulations.
(3) EOR regulations under this section may amend, repeal or revoke relevant existing environmental assessment legislation.
(4) In this section—
“the Habitats Regulations” means—
regulation 5 of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (S.I. 2001/1754);
regulation 24 and Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);
regulations 27 to 37 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013);
the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716);
the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (S.R. (N.I.) 1995/380);
“the relevant Habitats Regulations” means—
in relation to EOR regulations made by the Secretary of State acting alone or jointly with one or more devolved authorities, the legislation listed in the definition of “the Habitats Regulations”;
in relation to EOR regulations made by the Scottish Ministers acting alone, the legislation listed in paragraph (d) of that definition;
in relation to EOR regulations made by the Welsh Ministers acting alone, the legislation listed in the definition of “the Habitats Regulations” so far as it applies in relation to Wales;
in relation to EOR regulations made by a Northern Ireland department acting alone, the legislation listed in paragraph (e) of that definition.
(1) EOR regulations may make provision about or in connection with—
(a) the procedure to be followed in relation to anything done under this Part, including the time by which anything must be done;
(b) who is to prepare an environmental outcomes report, including provision permitting a public authority to determine who is to do so or the qualifications or experience a person must have to do so;
(c) requiring a public authority to assist with any assessment or monitoring under this Part;
(d) the publication of, and consultation and public engagement in connection with, environmental outcomes reports and other relevant documents;
(e) the information to be included in, and the content and form of, any relevant document;
(f) the persons to whom an environmental outcomes report or other relevant document is to be given, and how it is to be given;
(g) the collection or provision of information in connection with this Part;
(h) the rejection of a relevant document, or information provided in connection with this Part, if it is not provided in accordance with Chapter 1 of Part 3 (planning data), including provision requiring a document or information to be rejected;
(i) how, and to what extent, any failure to comply with a requirement imposed by or under this Part is to be taken into account by public authorities in considering, and making decisions in relation to, relevant consents or relevant plans;
(j) appeals against, or reviews of, decisions of a public authority about matters for, or in respect of, which provision is made by EOR regulations or existing environmental assessment legislation.
(2) EOR regulations may—
(a) provide for the charging of fees or other charges;
(b) confer a function, including a function involving the exercise of a discretion, on any person;
(c) make consequential, supplementary or incidental provision under section 252(1)(c) which amends, repeals or revokes any legislation (whenever passed or made).
(3) In subsection (2)(c) “legislation” means any provision made by or under—
(a) an Act,
(b) an Act or Measure of Senedd Cymru,
(c) an Act of the Scottish Parliament,
(d) Northern Ireland legislation, or
(e) assimilated direct legislation.
(1) “Existing environmental assessment legislation” means the legislation listed in Schedule 14.
(2) “Relevant existing environmental assessment legislation” means—
(a) in relation to EOR regulations made by the Secretary of State acting alone or jointly with one or more devolved authorities, the legislation listed in Schedule 14;
(b) in relation to EOR regulations made by the Scottish Ministers acting alone, the legislation listed in Part 2 of that Schedule;
(c) in relation to EOR regulations made by the Welsh Ministers acting alone, the legislation listed in Part 3 of that Schedule;
(d) in relation to EOR regulations made by a Northern Ireland department acting alone, the legislation listed in Part 4 of that Schedule.
(3) In this Part—
“appropriate authority” means—
the Secretary of State,
a devolved authority, or
the Secretary of State acting jointly with one or more devolved authorities;
“category 1 consent” and “category 2 consent” have the meaning given by section 154(1) and (2);
“cultural heritage” has the meaning given by section 152(4);
“devolved authority” means—
the Scottish Ministers,
the Welsh Ministers, or
a Northern Ireland department;
“environmental outcomes report” has the meaning given by section 153(4);
“environmental protection” has the meaning given by section 152(2);
“EOR regulations” has the meaning given by section 152(1);
“existing environmental assessment legislation” has the meaning given by subsection (1);
“natural environment” has the meaning given by section 152(3);
“project” has the meaning given by section 154(9);
“proposed”, in relation to a relevant consent or relevant plan, is to be construed in accordance with section 154(7);
“public authority” means—
any person with functions under, or functions in respect of which provision is made by, existing environmental assessment legislation when this Act is passed;
any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal;
“relevant consent” has the meaning given by section 154;
“relevant document” means a document or information for, or in respect of, which provision is made by EOR regulations or existing environmental assessment legislation;
“relevant existing environmental assessment legislation” has the meaning given by subsection (2);
“relevant offshore area” means any area in—
the territorial sea adjacent to the United Kingdom,
any area designated by Order in Council under section 1(7) of the Continental Shelf Act 1964, or
any area designated by Order in Council under section 41(3) of the Marine and Coastal Access Act 2009;
“relevant plan” has the meaning given by section 154(6);
“specified environmental outcome” has the meaning given by section 152(1).
168 Nutrient pollution standards to apply to certain sewage disposal works
(1) After section 96A of the Water Industry Act 1991 insert—
Nutrient pollution standards to apply to certain sewage disposal works
96B (1) A sewerage undertaker whose area is wholly or mainly in England must—
(a) in the case of each nitrogen significant plant comprised in its sewerage system—
(i) secure that, by the upgrade date, the plant will be able to meet the nitrogen nutrient pollution standard, and
(ii) on and after the upgrade date, secure that the plant meets that standard;
(b) in the case of each phosphorus significant plant comprised in its sewerage system—
(i) secure that, by the upgrade date, the plant will be able to meet the phosphorus nutrient pollution standard, and
(ii) on and after the upgrade date, secure that the plant meets that standard.
(2) In carrying out the duty under subsection (1), a sewerage undertaker must consider whether nature-based solutions, technologies and facilities relating to sewerage and water could be used to meet the standard.
(3) “Nitrogen significant plant” means a plant in England that—
(a) discharges treated effluent into a nitrogen sensitive catchment area, and
(b) is not an exempt plant in relation to the nitrogen nutrient pollution standard.
(4) “Phosphorus significant plant” means a plant in England that—
(a) discharges treated effluent into a phosphorus sensitive catchment area, and
(b) is not an exempt plant in relation to the phosphorus nutrient pollution standard.
Sensitive catchment areas
96C (1) Where the Secretary of State considers that a habitats site that is wholly or partly in England is in an unfavourable condition by virtue of pollution from nutrients in water comprising nitrogen or compounds of nitrogen, the Secretary of State may designate the catchment area for the habitats site as a nitrogen sensitive catchment area.
(2) Where the Secretary of State considers that a habitats site that is wholly or partly in England is in an unfavourable condition by virtue of pollution from nutrients in water comprising phosphorus or compounds of phosphorus, the Secretary of State may designate the catchment area for the habitats site as a phosphorus sensitive catchment area.
(3) In determining—
(a) whether a habitats site is in an unfavourable condition by virtue of pollution from nutrients comprising nitrogen, phosphorus or compounds of nitrogen or phosphorus,
(b) the catchment area for a habitats site, or
(c) whether to exercise the power in subsection (4)(e),
the Secretary of State may take into account, in particular, advice from, or guidance published by, Natural England, the Environment Agency or the Joint Nature Conservation Committee.
(4) A designation under subsection (1) or (2)—
(a) must be in writing,
(b) must be published as soon as practicable after being made,
(c) takes effect—
(i) on the day specified in the designation, or
(ii) if none is specified, on the day on which it is made,
(the “designation date”),
(d) if it takes effect after the end of the initial period, must specify the upgrade date (see section 96E(1)(b)), and
(e) may specify the concentration that applies to a plant (which discharges into the catchment area) in relation to a nutrient pollution standard instead of the standard concentration.
(5) A date specified under subsection (4)(d) as the upgrade date must be at least 7 years after the designation date.
(6) Before specifying a concentration under subsection (4)(e), the Secretary of State must consult the Environment Agency.
(7) A concentration specified under subsection (4)(e) ceases to have effect if, after the day on which the designation is made, the plant becomes an exempt plant.
(8) A designation under this section may not be revoked; and it is immaterial for the purposes of the continued designation of an area whether subsection (1) or (2) continues to be satisfied in relation to it.
(9) In this section “catchment area”, in relation to a habitats site, means the area where water, if released, would drain into the site.
Exempt sewage disposal works
96D (1) A plant is exempt in relation to a nutrient pollution standard if—
(a) it has a capacity of less than a population equivalent of 2000 when the designation of the associated catchment area takes effect,
(b) it has been designated by the Secretary of State as exempt in relation to the standard, or
(c) it is exempt in relation to the standard under regulations under subsection (8).
This is subject to subsection (2).
(2) The Secretary of State may designate a plant as not being exempt in relation to a nutrient pollution standard, unless—
(a) the plant has a capacity of less than a population equivalent of 250, and
(b) the designation takes effect after the designation of the associated catchment area takes effect.
(3) A designation under subsection (1)(b) or (2)—
(a) must be in writing,
(b) must be published as soon as practicable after being made, and
(c) takes effect—
(i) on the day specified in the designation, or
(ii) if none is specified, on the day on which it is made.
(4) A designation under subsection (2) that takes effect after the designation of the associated catchment area takes effect must specify the upgrade date (see section 96E(2)(a)).
The upgrade date must be at least 7 years after the designation under subsection (2) takes effect.
(5) A designation under subsection (2) may specify the concentration that applies to a plant in relation to a nutrient pollution standard instead of the standard concentration.
(6) Before specifying a concentration under subsection (5), the Secretary of State must consult the Environment Agency.
(7) A concentration specified under subsection (5) ceases to have effect if, after the day on which the designation is made, the plant again becomes an exempt plant.
(8) The Secretary of State may by regulations specify plants or descriptions of plant that are to be exempt in relation to a nutrient pollution standard.
(9) Subsections (10) and (11) apply where a plant that is exempt under regulations under subsection (8) can, by virtue of the regulations, cease to be exempt.
(10) The regulations must specify or provide for determining the upgrade date (see section 96E(2)(b)) in relation to any plant that ceases, by virtue of the regulations, to be an exempt plant in relation to a standard after the designation of the associated catchment area takes effect.
The upgrade date must be at least 7 years after the plant ceases to be exempt in relation to the standard.
(11) The regulations may provide for the Secretary of State to specify the concentration that applies to a plant that ceases, by virtue of the regulations, to be an exempt plant in relation to a nutrient pollution standard instead of the standard concentration; and, if such provision is made, the regulations must—
(a) require that the Secretary of State consult the Environment Agency before specifying a concentration;
(b) provide for any specified concentration to cease to have effect if, after the day on which the plant ceases to be an exempt plant, the plant again becomes an exempt plant.
(12) A designation under subsection (2) in relation to a plant and a nutrient pollution standard is of no effect if the plant ceases, by virtue of regulations under subsection (8), to be exempt in relation to the standard before, or at the same time as, the designation would otherwise take effect.
(13) In this section “population equivalent” has the meaning given by regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/2841).
(14) References in this section to the designation of an associated catchment area are to its designation as a sensitive catchment area.
Upgrade date
96E (1) The upgrade date, in relation to a nutrient significant plant, is, unless subsection (2) or (3) applies—
(a) 1 April 2030, if the designation of the associated catchment area takes effect during the initial period;
(b) the date specified under section 96C(4)(d), if the designation of the associated catchment area takes effect after the end of the initial period.
(2) But, if the plant becomes a nutrient significant plant after the designation of the associated catchment area takes effect, the upgrade date is—
(a) the date specified under section 96D(4), where it becomes a nutrient significant plant by virtue of a designation under section 96D(2);
(b) the date specified by or determined under provision made by virtue of section 96D(10), where it becomes a nutrient significant plant on ceasing, by virtue of regulations under section 96D(8), to be exempt.
(3) Where the associated catchment area has ceased to be a catchment permitting area and a date has been specified under section 96H(4)(c), that date is the upgrade date.
(4) “The initial period” means the period of 3 months beginning with the date on which the Levelling-up and Regeneration Act 2023 is passed.
(5) References in this section to the designation of an associated catchment area are to its designation as a sensitive catchment area.
Nutrient pollution standards
96F (1) A nitrogen significant plant meets the nitrogen nutrient pollution standard if—
(a) where the associated catchment area is not a catchment permitting area (see section 96G), the concentration of total nitrogen in treated effluent that the plant discharges is not more than—
(i) 10 mg/l, or
(ii) where a different concentration applies to the plant under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11), that concentration;
(b) where the associated catchment area is a catchment permitting area, the sewerage undertaker is complying with any condition in the environmental permit for the plant imposed in pursuance of section 96G(3)(b).
(2) A phosphorus significant plant meets the phosphorus nutrient pollution standard if—
(a) where the associated catchment area is not a catchment permitting area, the concentration of total phosphorus in treated effluent that the plant discharges is not more than—
(i) 0.25 mg/l, or
(ii) where a different concentration applies to the plant under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11), that concentration;
(b) where the associated catchment area is a catchment permitting area, the sewerage undertaker is complying with any condition in the environmental permit for the plant imposed in pursuance of section 96G(3)(b).
(3) “Treated effluent”, in relation to a plant, means any effluent discharged by the plant, other than anything discharged—
(a) from a storm overflow, or
(b) by an emergency discharge.
(4) For the purposes of subsection (3), in relation to a plant—
(a) “storm overflow” means any structure or apparatus comprised in the plant which, when the capacity of relevant parts of the sewerage system is exceeded, relieves them by discharging the excess contents into inland waters, underground strata or the sea, where—
“relevant parts of the sewerage system” means—
storage tanks at the plant, and
other parts of the sewerage system downstream of the plant;
“the sewerage system” means the undertaker’s sewerage system of which the plant forms part;
(b) “emergency discharge” means a discharge in circumstances where the plant’s normal treatment process has failed because of—
(i) electrical power failure, or
(ii) mechanical breakdown of duty and standby pumps.
(5) Regulations made by the Secretary of State may specify how the concentration of total nitrogen or concentration of total phosphorus in treated effluent is to be determined.
(6) Regulations under subsection (5) may, in particular—
(a) make provision for requiring regular sampling of the treated effluent that a plant discharges to ascertain the concentration of total nitrogen or concentration of total phosphorus;
(b) make provision for regarding a nutrient pollution standard as being met by a plant if, for example—
(i) it is met, with at least the frequency specified in the regulations, in samples taken in accordance with the regulations, or
(ii) the average concentration, calculated in accordance with the regulations, of total nitrogen or of total phosphorus in samples taken in accordance with the regulations would meet the standard;
(c) make provision for determining generally, or in a particular case, whether anything is, or is not, to be regarded as treated effluent discharged by a plant;
(d) make provision in relation to section 96G, including—
(i) the determination of compliance with conditions in environmental permits imposed in pursuance of section 96G(3)(b);
(ii) in connection with any kind of plant;
(e) confer any function on the Secretary of State, the Authority, the Environment Agency, statutory undertakers or any other person;
(f) make different provision for different purposes or different areas (including different plants within an area).
Nutrient pollution standards determined through environmental permitting
96G (1) The Secretary of State may designate a sensitive catchment area as a catchment permitting area.
(2) In determining whether to make a designation under subsection (1) or to revoke such a designation under section 96H(3)(c), the Secretary of State may take into account, in particular, advice from, or guidance published by, the Environment Agency or Natural England.
(3) Where the Secretary of State makes a designation under subsection (1), the Environment Agency must—
(a) review the environmental permits for the plants that discharge treated effluent into the catchment permitting area that are—
(i) nutrient significant plants, and
(ii) such other plants that the Environment Agency considers appropriate (including such plants within an area that may be determined by the Environment Agency), and
(b) impose conditions on those permits relating to nutrients in treated effluent discharged by those plants—
(i) under Chapter 3 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016, and
(ii) for the relevant purpose.
(4) The “relevant purpose” is ensuring that, on and after the applicable date, the overall effect on the habitats site associated with the catchment permitting area of nutrients in treated effluent discharged by all the plants that discharge treated effluent into the catchment permitting area is less significant or the same as the overall effect on the site of nutrients in treated effluent that would be discharged by those plants if—
(a) the standard concentration applied to nutrient significant plants, and
(b) the nutrient significant plants were (on that basis) meeting the nutrient pollution standard on and after the applicable date.
(5) For that purpose, a condition imposed on an environmental permit in pursuance of subsection (3)(b) may, in particular—
(a) require, or have the effect of requiring, that the concentration of nutrients in treated effluent discharged by a plant is higher or lower than, or equal to, the standard concentration;
(b) relate to any or all of the plants mentioned in subsection (3)(a), including the concentration of nutrients in treated effluent discharged by those plants.
(6) In subsection (4)—
(a) the “applicable date” means—
(i) where the designation under section 96C(1) or (2) of the area that is the catchment permitting area takes effect during the initial period, 1 April 2030, or
(ii) where that designation takes effect after the initial period, the date specified under section 96C(4)(d) in that designation;
(b) a habitats site is “associated” with a catchment permitting area if water released into the area would drain into the site.
(7) The duty in subsection (3) applies in relation to the grant of an environmental permit for a plant that discharges (or will discharge) treated effluent into the catchment permitting area as if—
(a) paragraph (a) were omitted, and
(b) in paragraph (b)—
(i) for “those permits” there were substituted “the permit”;
(ii) for “those plants” there were substituted “the plant”;
(iii) for “Chapter 3” there were substituted “Chapter 2”.
(8) It is for the Environment Agency to determine the overall effect on a habitats site of nutrients in treated effluent.
(9) Regulations made by the Secretary of State may specify how such determinations are to be made.
(10) In this section “nutrients”, in relation to an area designated under—
(a) section 96C(1), means nutrients in water comprising nitrogen or compounds of nitrogen;
(b) section 96C(2), means nutrients in water comprising phosphorus or compounds of phosphorus.
Section 96G: procedure and revocations
96H (1) A designation under section 96G(1) or revocation of such a designation under subsection (3)(c)—
(a) must be in writing,
(b) must be published as soon as practicable after being made, and
(c) takes effect in accordance with subsection (3) or (4) (as appropriate).
(2) A designation under section 96G(1) may be made at the same time, or at any time after the time, that the designation under section 96C(1) or (2) of the area as a sensitive catchment area is made.
(3) A designation under section 96G(1)—
(a) if made before the time that the designation under section 96C(1) or (2) takes effect, takes effect at the same time as that designation;
(b) if made after the time that the designation under section 96C(1) or (2) takes effect, takes effect on the day specified in it;
(c) may be revoked.
(4) A revocation under subsection (3)(c)—
(a) takes effect—
(i) on the day specified in the revocation, or
(ii) if none is specified, on the day on which it is made;
(b) has no effect in relation to the designation of the area under section 96C(1) or (2);
(c) may specify the upgrade date that is to apply in relation to nutrient significant plants (see section 96E(3)).
(5) In determining whether an upgrade date should be specified under subsection (4)(c), the Secretary of State may take into account, in particular, advice from, or guidance published by, Natural England or the Environment Agency.
Information about catchment areas and nutrient significant plants
96I (1) The Secretary of State must maintain and publish online a map showing—
(a) all the nitrogen sensitive catchment areas, and
(b) all the phosphorus sensitive catchment areas.
(2) As soon as practicable after making a designation under section 96C (sensitive catchment areas), the Secretary of State must publish the revised map online.
(3) The Secretary of State must maintain and publish online a document listing—
(a) all plants that are or have been—
(i) nitrogen significant plants, or
(ii) phosphorus significant plants;
(b) in relation to each plant listed under paragraph (a)—
(i) the upgrade date that applies for the time being;
(ii) if the plant becomes, or ceases to be, an exempt plant in relation to the related nutrient pollution standard, that fact and the date on which it occurred;
(iii) where the associated catchment area for a plant is not a catchment permitting area, the figure specified in section 96F(1)(a)(i) or (2)(a)(i), under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11) (total nitrogen concentration or total phosphorus concentration) that applies to the plant;
(iv) where a direction relating to the plant and the related nutrient pollution standard is made or revoked under regulation 85C or 110B of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (disapplication of assumption that the plant will meet the standard on and after the upgrade date or applicable date), that fact and the date on which the direction or revocation takes effect;
(c) all catchment permitting areas.
(4) Where any change occurs in the information required to be listed, the Secretary of State must, as soon as practicable, publish a revised document online.
Section 96B: enforcement and interaction with other provisions
96J (1) The duty of a sewerage undertaker under section 96B is enforceable under section 18—
(a) by the Secretary of State, or
(b) with the consent of, or in accordance with a general authorisation given by, the Secretary of State, by the Authority.
(2) The Environment Agency must exercise its functions (whether under environmental permitting regulations or otherwise) so as to secure compliance by sewerage undertakers with the duty imposed by section 96B; those functions include, in particular, functions of determining—
(a) whether to grant or vary any permit under environmental permitting regulations, or
(b) any conditions to be included in any such permit.
(3) The Environment Agency must exercise its functions under the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810) so as to secure compliance by sewerage undertakers with the duties imposed by those regulations to prevent and remediate environmental damage (within the meaning of those regulations) that is treated as occurring by regulation 9A of those regulations (nutrient significant sewage disposal works: environmental damage).
(4) Nothing in section 96B or 96G or this section affects—
(a) any other obligation of a sewerage undertaker relating to nutrient levels in treated effluent of a plant, or any remedy available in respect of contravention of any such obligation;
(b) any power to impose an obligation relating to nutrient levels in treated effluent of a plant (including by means of a condition included in a permit under environmental permitting regulations); and, in particular, nothing in those sections or this section is to be taken to preclude any such power being exercised so as to require a lower concentration of total nitrogen or lower concentration of total phosphorus in treated effluent of a plant than section 96B requires.
Powers to amend sections 96D and 96F
96K (1) The Secretary of State may by regulations amend any plant capacity for the time being specified in section 96D(1)(a) or (2)(a).
(2) Regulations under subsection (1) may not have effect in relation to an area that is a sensitive catchment area when the regulations are made.
(3) Subject to that, regulations under subsection (1)—
(a) may, in particular, amend section 96D so that different plant capacities are specified in relation to the nitrogen nutrient pollution standard and the phosphorus nutrient pollution standard;
(b) may, where different plant capacities will apply for different purposes or different areas as a result of regulations under subsection (1), amend section 96D so as to specify those capacities and the purposes or areas for which they apply.
(4) The Secretary of State may by regulations—
(a) amend section 96F(1)(a)(i) so as to substitute a different concentration of total nitrogen;
(b) amend section 96F(2)(a)(i) so as to substitute a different concentration of total phosphorus.
(5) Regulations under subsection (4) may not have effect in relation to an area that is a sensitive catchment area when the regulations are made.
(6) Where, as a result of the regulations, different concentrations will apply for different purposes or different areas (including different plants within an area), the regulations may amend section 96F(1)(a)(i) or (2)(a)(i) to specify those concentrations and the purposes or areas for (or plants within an area to) which they apply.
(7) A statutory instrument containing regulations under subsection (1) or (4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(8) If a draft of a statutory instrument containing regulations under subsection (1) or (4) would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
Sections 96B to 96K, 96M and 96N: interpretation
96L (1) This section applies for the purposes of sections 96B to 96K, 96M and 96N.
(2) In those sections (and this section)—
“associated catchment area”—
in relation to a plant that is a nitrogen significant plant or is exempt in relation to the nitrogen nutrient pollution standard, means the nitrogen sensitive catchment area into which it discharges;
in relation to a plant that is a phosphorus significant plant or is exempt in relation to the phosphorus nutrient pollution standard, means the phosphorus sensitive catchment area into which it discharges;
“catchment permitting area” means a sensitive catchment area designated under section 96G(1) for the time being;
“environmental permit” means a permit granted under Chapter 2 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016; and a reference to a condition imposed on such a permit is to be construed in accordance with those regulations;
“environmental permitting regulations” means—
the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (as they have effect from time to time), or
any other provision made after the Levelling-up and Regeneration Act 2023 is passed that is, or could have been, made under section 2 of the Pollution Prevention and Control Act 1999;
“exempt plant”, in relation to a nutrient pollution standard, has the meaning given by section 96D;
“habitats site” means a European site within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8);
“the initial period” has the meaning given by section 96E(4);
“nitrogen nutrient pollution standard”, in relation to references to a nitrogen significant plant meeting the standard, has the meaning given by section 96F(1);
“nitrogen sensitive catchment area” means an area designated under section 96C(1);
“nitrogen significant plant” has the meaning given by section 96B(3);
“nutrient pollution standard” means the nitrogen nutrient pollution standard or the phosphorus nutrient pollution standard;
“nutrient significant plant” means—
a nitrogen significant plant, or
a phosphorus significant plant;
“phosphorus nutrient pollution standard”, in relation to references to a phosphorus significant plant meeting the standard, has the meaning given by section 96F(2);
“phosphorus sensitive catchment area” means an area designated under section 96C(2);
“phosphorus significant plant” has the meaning given by section 96B(4);
“plant” means a sewage disposal works;
“related nutrient pollution standard”, in relation to a sensitive catchment area or a plant, means—
if (or so far as) the area is a nitrogen sensitive catchment area or the plant is a nitrogen significant plant, the nitrogen nutrient pollution standard;
if (or so far as) the area is a phosphorus sensitive catchment area or the plant is a phosphorus significant plant, the phosphorus nutrient pollution standard;
“sensitive catchment area” means—
a nitrogen sensitive catchment area, or
a phosphorus sensitive catchment area;
“standard concentration”, in relation to the nutrient pollution standard that applies to a plant, means the concentration specified in section 96F(1)(a)(i) or (2)(a)(i) on the date that the designation of the associated catchment area as a sensitive catchment area takes effect;
“treated effluent” has the meaning given by section 96F(3);
“upgrade date”, in relation to a plant that discharges into a sensitive catchment area, has the meaning given by section 96E.
(3) References to a plant discharging into a sensitive catchment area are to the plant discharging treated effluent into the area.
(4) References to the sewerage system of a sewerage undertaker have the meaning given by section 17BA(7).
New and altered plants: modifications
96M (1) The Secretary of State may by regulations provide for sections 96B to 96L to apply with prescribed modifications in relation to any plant that, after the Levelling-up and Regeneration Act 2023 is passed—
(a) operates for the first time, or
(b) is altered.
This is subject to subsection (3).
(2) Regulations under this section may in particular provide for sections 96C(5) and 96D(4) and (10) to apply as if they specified periods other than 7 years.
(3) But regulations under this section may not modify section 96F(1) or (2) or section 96G(4) so as to apply a higher concentration of total nitrogen or higher concentration of total phosphorus than would otherwise apply.
Setting and enforcing nutrient pollution standards
96N (1) The Secretary of State may by regulations make provision about the setting and enforcing of nutrient pollution standards.
(2) The Secretary of State may only exercise the power under subsection (1) if the Secretary of State considers that the provisions about the setting and enforcing of nutrient pollution standards will be at least as effective as the provision already in force under sections 96B to 96M, the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 810/2015) or this section as a result of the exercise of this power, including in relation to—
(a) overall environmental protection (within the meaning of section 45 of the Environment Act 2021),
(b) nutrient pollution levels discharged by plants or across catchment areas,
(c) enforcement, or
(d) costs.
(3) The regulations may, in particular—
(a) amend, repeal, revoke or otherwise modify—
(i) sections 96B to 96M,
(ii) the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, or
(iii) provision made under this section;
(b) provide for a sewerage undertaker’s compliance with the duty under section 96B (or an equivalent) to be determined by reference to matters other than the concentration of nitrogen or phosphorous in treated effluent discharged by a plant;
(c) include provision applying or corresponding to any provision in sections 96B to 96M (with or without modifications);
(d) include provision about the establishment of schemes involving sewerage undertakers and others for the purpose of encouraging or requiring sewerage undertakers to arrange or contribute to action in respect of the effect of nitrogen or phosphorous (from any source) on a habitats site;
(e) make different provision for different purposes or different areas.
(2) In section 213 of the Water Industry Act 1991 (powers to make regulations), in subsection (1), insert “96K, 96N,”—
(a) if this subsection comes into force before section 82(2) of the Environment Act 2021, before “or 105A”;
(b) otherwise, before “105A”.
169 Planning: assessments of effects on certain sites
Schedule 15 amends the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) to require certain assumptions to be made in certain circumstances about nutrient pollution standards (see section 168).
(1) The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810) are amended as follows.
(2) After regulation 9 insert—
Nutrient significant sewage disposal works: environmental damage
9A (1) This regulation applies where a sewerage undertaker whose sewerage system includes a nutrient significant plant fails to secure that the plant is able to meet the related nutrient pollution standard by the upgrade date.
(2) Any excess nutrient pollution is to be treated for the purposes of these regulations as damage to the related habitats site that is environmental damage caused by an activity of the sewerage undertaker that—
(a) requires a permit under the Environmental Permitting (England and Wales) Regulations 2016, and
(b) falls within Schedule 2.
(3) In paragraph (2)—
“excess nutrient pollution”, in relation to a nutrient significant plant and a related nutrient pollution standard, means the amount by which the total nutrient pollution discharged in treated effluent by the plant during the period—
beginning with the upgrade date, and
ending with the day the plant first meets the related nutrient pollution standard,
exceeds the total nutrient pollution that it would have discharged in treated effluent during that period had it met the related nutrient pollution standard on and after the upgrade date;
“total nutrient pollution” means—
in relation to the nitrogen nutrient pollution standard, total nitrogen, and
in relation to the phosphorus nutrient pollution standard, total phosphorus.
(4) Where—
(a) the nutrient significant plant referred to in paragraph (1) is a plant that discharges treated effluent into a catchment permitting area (see section 96G of the Water Industry Act 1991), and
(b) the sewerage undertaker has failed to comply with a condition in the environmental permit for the plant imposed in pursuance of subsection (3)(b) of that section,
the definition of “excess nutrient pollution” in paragraph (3) is subject to the following modifications.
(5) In a case where the condition relates to the total nutrient pollution discharged by the plant specifically, references in that definition to the “upgrade date” are to be read as the “applicable date”.
(6) In a case where the condition relates to the total nutrient pollution discharged by all plants that discharge into the associated catchment area, that definition is to be read as if—
(a) in the words before paragraph (a), after “by the plant” there were inserted “and all other plants that discharged into the associated catchment area for that plant”,
(b) in paragraph (a), for “upgrade date” there were substituted “applicable date”, and
(c) in the words after paragraph (b)—
(i) for “that it” there were substituted “that both it and those other plants”, and
(ii) for “upgrade date” there were substituted “applicable date”.
(7) For the purposes of paragraph (3) as modified by paragraph (5) or (6), the “applicable date” is to be determined in accordance with section 96G(6)(a) of the Water Industry Act 1991.
(8) It is for the Environment Agency to determine the excess nutrient pollution discharged by a plant and in doing so the Environment Agency may have regard to—
(a) the concentration of total nitrogen or concentration of total phosphorus determined for the purposes of section 96F of the Water Industry Act 1991 (see in particular subsection (5) of that section), and
(b) the volume of treated effluent discharged by the plant, as determined by the Environment Agency.
(9) Schedule 2ZA sets out modifications of these regulations that apply where this regulation applies.
(10) In this regulation—
“related habitats site”, in relation to a nutrient significant plant, means the habitats site by reference to which the associated catchment area is designated under section 96C of the Water Industry Act 1991;
“sewerage system”, in relation to a sewerage undertaker, has the meaning given by section 17BA(7) of the Water Industry Act 1991.
(11) For the purposes of this regulation, the following terms have the meanings given by section 96L of the Water Industry Act 1991—
“associated catchment area”;
“catchment permitting area”;
“environmental permit”;
“habitats site”;
“nitrogen nutrient pollution standard”;
“nutrient significant plant”;
“phosphorus nutrient pollution standard”;
“plant”;
“related nutrient pollution standard”;
“sensitive catchment area”;
“treated effluent”;
“upgrade date”;
and references to a nutrient significant plant meeting the related nutrient pollution standard are to be read in accordance with section 96F(1) or (2) of that Act.
(3) After Schedule 2 insert—
Schedule 2ZA
Modifications where regulation 9A applies
Regulation 9A
1 In relation to anything that is treated as environmental damage by regulation 9A, these regulations apply with the following modifications.
2 Regulation 17 does not apply.
3 Regulation 18 applies as if—
(a) the opening words of paragraph (1) provided “Where excess nutrient pollution is treated as environmental damage by regulation 9A(2), the enforcing authority must notify the responsible operator—”;
(b) for paragraph (a) there were substituted—
(a) of the environmental damage;
.
4 Regulation 18A applies with the omission of paragraph (2).
5 Regulation 19(3) applies as if for paragraphs (a) to (e) (but not the “or” immediately following paragraph (e)) there were substituted—
(a) the responsible operator did not fail to secure that the nutrient significant plant in question is able to meet the related nutrient pollution standard by the upgrade date;
(b) the determination by the Environment Agency of the excess nutrient pollution mentioned in regulation 9A(2) was unreasonable;
.
6 Regulation 25(2) applies as if—
(a) for paragraph (a) there were substituted—
(a) determining the excess nutrient pollution mentioned in regulation 9A(2);
;
(b) paragraph (b) were omitted.
(1) Section 134 of the Local Government, Planning and Land Act 1980 (urban development areas) is amended as set out in subsections (2) and (3).
(2) After subsection (1A) insert—
(1B) The Secretary of State may, by order made by statutory instrument, designate any area of land in England as an urban development area if—
(a) a proposal has been made to the Secretary of State under section 134A(1) in relation to the area of land, and
(b) the Secretary of State is satisfied that it would be expedient in the local interest—
(i) to designate the area of land as an urban development area, and
(ii) to establish a development corporation for the area in consequence of the proposal.
(3) After section 134 of the Local Government, Planning and Land Act 1980 insert—
Local authority proposal for designation of locally-led urban development area in England
134A (1) A local authority in England, or two or more local authorities in England acting jointly, may propose to the Secretary of State that the Secretary of State should designate an area of land (the “proposal area”) as an urban development area under section 134(1B).
(2) A proposal under subsection (1) (a “locally-led proposal”) must—
(a) state the proposing authority’s proposals as to—
(i) the name of the development corporation that would be established as a result of the proposal, and
(ii) which local authority or local authorities should be designated as the oversight authority for that development corporation, and
(b) include a map of the proposal area.
(3) A locally-led proposal may also include proposals about any other matter about which the Secretary of State would be able to make provision in respect of the development corporation by order or regulations under this Part.
(4) A locally-led proposal may relate to separate parcels of land.
(5) A local authority may make a locally-led proposal only if—
(a) the proposal area falls wholly within the area of the local authority, or
(b) where it makes the proposal jointly with one or more other local authorities, the proposal area falls—
(i) wholly or partly within the area of each of them, and
(ii) wholly within their combined areas.
(6) A proposing authority may make a locally-led proposal only if—
(a) the proposing authority has consulted the persons mentioned in subsection (7),
(b) the proposing authority has had regard to any comments made in response by the consultees, and
(c) if those comments include comments by a local authority or the Greater London Authority that the proposing authority does not accept, the proposing authority has published a statement giving the reasons for the non-acceptance.
(7) The persons referred to in subsection (6)(a) are—
(a) persons who appear to the proposing authority to represent those living in, or in the vicinity of, the proposal area;
(b) persons who appear to the proposing authority to represent businesses with any premises in, or in the vicinity of, the proposal area;
(c) each Member of Parliament whose parliamentary constituency includes any part of the proposal area;
(d) each local authority for an area which falls wholly or partly within the proposal area (other than the proposing authority or a constituent council of the proposing authority);
(e) in relation to an area in Greater London, the Greater London Authority;
(f) any other person whom the proposing authority considers it appropriate to consult.
(8) A local authority may be proposed as an oversight authority under subsection (2)(a)(ii) only if the proposal area is wholly or partly within the area of the local authority.
(9) Where the proposing authority proposes, under subsection (2)(a)(ii), that two or more local authorities should be designated as the oversight authority, it may also propose—
(a) that a specified function of an oversight authority should be exercisable by one of those local authorities, or
(b) that a specified function of an oversight authority should be exercisable by two or more of those local authorities jointly.
For this purpose, “specified” means specified in the proposal.
(10) In this section—
“local authority” means—
a district council,
a county council,
a London borough council, or
the Common Council;
“locally-led proposal” has the meaning given by subsection (2);
“proposing authority” means—
the local authority which makes a locally-led proposal, or
if two or more local authorities make such a proposal, those authorities acting jointly;
and where the proposing authority consists of two or more authorities acting jointly, each is a “constituent council” of the proposing authority.
(4) Section 135 (urban development corporations) is amended as set out in subsections (5) and (6).
(5) In subsection (1A), after “in England” insert “designated under section 134(1)”.
(6) After subsection (4) insert—
(4A) Subsections (4B) and (4C) apply where the Secretary of State makes an order under this section establishing a locally-led urban development corporation in consequence of a proposal under section 134A(1).
(4B) The order must—
(a) establish the corporation with the proposed name,
(b) give effect to any proposal made by virtue of section 134A(3) as to the number of members to be prescribed under paragraph 1A(2) of Schedule 26,
(c) designate as the oversight authority the local authority or local authorities proposed as such, and
(d) give effect to any proposal made by virtue of section 134A(9) (allocation of functions where oversight authority consists of more than one local authority).
(4C) The Secretary of State must exercise other functions under this Act so as to give effect to any other proposals made by virtue of section 134A(3).
(7) After section 135 insert—
Oversight of locally-led urban development area
135A (1) The Secretary of State may by regulations make provision about how an oversight authority is to oversee the regeneration of a locally-led urban development area.
(2) Regulations under subsection (1) may, for example—
(a) provide that an oversight authority is to exercise specified functions under this Part of this Act, other than a power to make regulations or other instruments of a legislative character, which would otherwise be exercisable by the Secretary of State, the Treasury or any other Minister of the Crown;
(b) provide that an oversight authority is to exercise such functions subject to specified conditions or limitations;
(c) provide that specified functions under this Part of this Act may be exercised only with the consent of an oversight authority;
(d) make provision about the membership of a locally-led urban development corporation;
(e) modify provisions of this Part of this Act;
(f) make different provision for different purposes;
(g) make incidental, supplementary or consequential provision.
(3) In this section “specified” means specified by regulations under this section.
(4) Regulations under this section are to be made by statutory instrument.
(5) A statutory instrument containing regulations under this section may not be made until approved by a resolution of each House of Parliament.
174 Planning functions of urban development corporations
(1) The Local Government, Planning and Land Act 1980 is amended as follows.
(2) In section 149 (urban development corporation as planning authority)—
(a) after subsection (1) insert—
(1A) If the Secretary of State so provides by order, an urban development corporation for an area in England shall be the local planning authority for the whole or any portion of its area for such purposes of Part 2 or 3 of the Planning and Compulsory Purchase Act 2004 as may be prescribed.
;
(b) in subsection (2), for “The order” substitute “An order under subsection (1) or (1A)”;
(c) after subsection (2) insert—
(2A) If the Secretary of State so provides by order, an urban development corporation, other than a locally-led urban development corporation, for an area in England shall be the minerals and waste planning authority for the whole or any portion of its area for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004.
;
(d) in subsection (3)—
(i) in paragraph (a), omit “of the 1990 Act and the Planning (Listed Buildings and Conservation Areas) Act 1990”;
(ii) in paragraph (b), omit “of those Acts”;
(e) after subsection (3) insert—
(3A) A provision mentioned in paragraph 1, 3 or 5 of Part 1 of Schedule 29 may be specified under subsection (3)(a) only in relation to an urban development corporation for an area in England.
;
(f) after subsection (4) insert—
(4A) If the Secretary of State so provides by order, an urban development corporation for an area in England shall have, in the whole or any portion of its area, the functions conferred on the relevant planning authority by Schedule 8 to the Electricity Act 1989 so far as it applies to applications for consent under section 37 of that Act.
(3) After section 149 insert—
Arrangements for discharge of, or assistance with, planning functions in England
149A (1) Subsection (2) applies in relation to any function that an urban development corporation has by virtue of an order under section 149(1).
(2) The corporation may make arrangements for the discharge of the function by the council (if any) which would have the function but for the order.
(3) Where arrangements are in force under sub-paragraph (2) for the discharge of a function by a council—
(a) the council may arrange for the discharge of the function by a committee, sub-committee or officer of the council, and
(b) section 101(2) of the Local Government Act 1972 (delegation by committees and sub-committees) applies in relation to the function as it applies in relation to functions of the council.
(4) Arrangements under subsection (2) for the discharge of a function do not prevent the urban development corporation from exercising the function.
(5) Subsection (6) applies in relation to any function that an urban development corporation has by virtue of an order under section 149(1A) or (2A).
(6) The corporation may seek assistance in connection with the discharge of the function from the council (if any) which would have the function but for the order; and that council may give such assistance.
(7) In this section, “council” means a county council, district council or London borough council or the Common Council.
(4) In Part 1 of Schedule 29 (planning enactments conferring functions capable of being assigned to urban development corporations)—
(a) at the beginning insert—
1 Section 17 of the Land Compensation Act 1961.
;
(b) the paragraph referring to enactments in TCPA 1990 becomes paragraph 2;
(c) after that paragraph insert—
3 Sections 171BA, 171E, 172ZA, 172A, 191, 192, 225, 225A, 225C, 225F to 225H, 225J and 225K of the 1990 Act.
;
(d) the paragraph referring to enactments in the Listed Buildings Act becomes paragraph 4;
(e) after that paragraph insert—
5 Section 44AA of the Planning (Listed Buildings and Conservation Areas) Act 1990.
175 Planning functions of new town development corporations
(1) The New Towns Act 1981 is amended as follows.
(2) After section 7 insert—
Development corporation as planning authority in England
7A (1) This section applies in relation to a development corporation established for the purposes of a new town in England.
(2) The Secretary of State may provide by order for the corporation to be the local planning authority for the specified area—
(a) for such purposes of Part 3 of the Town and Country Planning Act 1990, and in relation to such kinds of development, as are specified, or
(b) for such purposes of Part 2 or 3 of the Planning and Compulsory Purchase Act 2004 as are specified.
(3) An order under subsection (2) may provide—
(a) that any enactment relating to local planning authorities is not to apply to the corporation, or
(b) that any such enactment which applies to the corporation is to apply to it subject to such modifications as are specified.
(4) The Secretary of State may provide by order—
(a) for the corporation to have, in the specified area, the functions conferred by such of the enactments mentioned in Part 1 of Schedule 29 to the Local Government, Planning and Land Act 1980 as are specified;
(b) for such of the enactments mentioned in Part 2 of that Schedule as are specified in the order to have effect, in relation to the corporation and to land in the specified area, subject to the modifications set out in that Part;
(c) for such of the provisions of that Part 2 as apply for the purposes of the order to be read, for those purposes, as if—
(i) any reference to an urban development corporation were a reference to a development corporation established under section 3 of this Act, and
(ii) any reference to regenerating an area were a reference to developing a new town.
(5) An order under subsection (4) may provide—
(a) that any enactment relating to local planning authorities applies to the corporation for the purposes of any enactment specified in Schedule 29 to the Local Government, Planning and Land Act 1980 which relates to land in the specified area by virtue of the order;
(b) that any enactment so applied to the corporation applies to it subject to modifications specified in the order.
(6) The Secretary of State may, if the corporation is not a locally-led development corporation, provide by order for the corporation to be the minerals and waste planning authority for the specified area for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004.
(7) The Secretary of State may provide by order that the corporation is to have, in the specified area, the functions conferred on the relevant planning authority by Schedule 8 to the Electricity Act 1989 so far as it applies to applications for consent under section 37 of that Act.
(8) The area specified under any of the preceding subsections must be the whole, or part, of the area of the new town.
(9) An order under this section may include supplementary or transitional provision or savings.
(10) In this section “specified” means specified in an order under this section.
Arrangements for discharge of, or assistance with, planning functions in England
7B (1) Subsection (2) applies in relation to any function that a development corporation has by virtue of an order under section 7A(2)(a).
(2) The corporation may make arrangements for the discharge of the function by the council (if any) which would have the function but for the order.
(3) Where arrangements are in force under subsection (2) for the discharge of a function by a council—
(a) the council may arrange for the discharge of the function by a committee, sub-committee or officer of the council, and
(b) section 101(2) of the Local Government Act 1972 (delegation by committees and sub-committees) applies in relation to the function as it applies in relation to functions of the council.
(4) Arrangements under subsection (2) for the discharge of a function do not prevent the development corporation from exercising the function.
(5) Subsection (6) applies in relation to any function that a development corporation has by virtue of an order under section 7A(2)(b) or (6).
(6) The corporation may seek assistance in connection with the discharge of the function from the council (if any) which would have the function but for the order; and that council may give such assistance.
(7) In this section, “council” means a county council, district council or London borough council.
(3) In Schedule 3 (constitution and proceedings of development corporations), after paragraph 10 insert—
Delegation of planning functions
10A (1) This paragraph applies in relation to any function conferred on the corporation by virtue of an order under section 7A (planning functions of corporations in England).
(2) The corporation may appoint committees and such committees may appoint sub-committees.
(3) Anything which is authorised or required to be done by the corporation—
(a) may be done by any member of the corporation or of its staff who is authorised for the purpose either generally or specifically;
(b) may be done by a committee or sub-committee which is so authorised.
(4) The corporation may—
(a) determine the quorum of a committee or sub-committee;
(b) make such arrangements as it thinks appropriate relating to the meetings and procedure of a committee or sub-committee.
(5) Anything done for the purposes of sub-paragraph (4) is subject to directions given by the Secretary of State.
(6) The validity of anything done by a committee or sub-committee is not affected by—
(a) any vacancy among its members;
(b) any defect in the appointment of any of its members.
10B (1) This paragraph has effect in relation to the membership of committees and sub-committees appointed under paragraph 10A.
(2) A committee may consist of—
(a) such members of the corporation as it appoints;
(b) such other persons as the corporation (with the consent of the Secretary of State) appoints.
(3) A sub-committee of a committee may consist of—
(a) such members of the committee as it appoints;
(b) such persons who are members of another committee of the corporation (whether or not they are members of the corporation) as the committee appoints;
(c) such other persons as the corporation (with the consent of the Secretary of State) appoints.
(4) The membership of a committee or sub-committee—
(a) must always include at least one person who is a member of the corporation;
(b) must not include any person who is a member of the staff of the corporation.
176 Mayoral development corporation as minerals and waste planning authority
(1) The Localism Act 2011 is amended as follows.
(2) In section 202 (functions in relation to Town and Country Planning), after subsection (3) insert—
(3A) The Mayor may decide that the MDC is to be the minerals and waste planning authority, for the whole or any portion of the area, for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004.
(3) In section 203 (arrangements for discharge of, or assistance with, planning functions), in subsection (4), after “2004” insert “, or the minerals and waste planning authority for the purposes of Part 2 of that Act,”.
(4) In section 204 (removal or restriction of planning functions), in subsection (2), after “(3)” insert “, (3A)”.
Schedule 17 makes amendments consequential on sections 174 and 175, and other minor amendments in connection with the planning functions of development corporations.
178 Removal of restrictions on membership of urban development corporations and new town development corporations
(1) In Schedule 26 to the Local Government, Planning and Land Act 1980 (constitution and proceedings etc of urban development corporations)—
(a) in paragraph 1, for the words from “such number” to the end substitute “the number of other members determined in accordance with paragraph 1A”;
(b) after that paragraph insert—
1A (1) In the case of a corporation established by the Scottish Ministers or the Welsh Ministers—
(a) the number of other members must be prescribed by order under section 135, and
(b) the prescribed number must be—
(i) not less than 5, and
(ii) not more than 11.
(2) In the case of a locally-led urban development corporation—
(a) the number of other members must be prescribed by order under section 135, and
(b) the prescribed number must be not less than 5.
(3) In any other case, the number of other members must be not less than 5.
(2) In section 3 of the New Towns Act 1981 (establishment of development corporations)—
(a) in subsection (2), for paragraph (c) substitute—
(c) at least one other member.
;
(b) after subsection (2) insert—
(2ZA) In the case of a development corporation established by an order under this section made by the Welsh Ministers—
(a) the number of members other than the chairman and deputy chairman must be prescribed by the order, and
(b) the prescribed number is not to exceed 11.
(2ZB) In the case of a locally-led development corporation, the number of members other than the chairman and deputy chairman must be prescribed by the order.
(3) Nothing in this section affects any provision of an order made before this section comes into force.
179 Removal of limits on borrowing of urban development corporations and new town development corporations
(1) In paragraph 8 of Schedule 31 to the Local Government, Planning and Land Act 1980 (aggregate limit on borrowing of urban development corporations)—
(a) in sub-paragraph (1), after “sub-paragraph (2) below” insert “(save as excepted by sub-paragraph (2A))”;
(b) after sub-paragraph (2) insert—
(2A) But no sum which is—
(a) borrowed by, or issued in fulfilment of a guarantee of a debt of, a corporation for an urban development area in England, and
(b) borrowed or issued on or after the date on which section 179 of the Levelling-up and Regeneration Act 2023 comes into force,
is to count for the purposes of sub-paragraph (2)(a) or (b).
(2) In section 60 of the New Towns Act 1981 (aggregate limit on borrowing of new town development corporations)—
(a) in subsection (1), after “sums” insert “(save as excepted by subsection (1A))”;
(b) after subsection (1) insert—
(1A) No sum which—
(a) is advanced to, or borrowed by, a development corporation established for the purposes of a new town in England, and
(b) is advanced or borrowed on or after the date on which section 179 of the Levelling-up and Regeneration Act 2023 comes into force,
is to count for the purposes of subsection (1)(a) or (d).
180 Acquisition by local authorities for purposes of regeneration
In section 226 of TCPA 1990 (power of local authority to acquire land compulsorily for development and other planning purposes), after subsection (1A) insert—
(1B) In the application of subsections (1) and (1A) in England, “improvement” includes regeneration.
(1) The Acquisition of Land Act 1981 is amended as follows.
(2) In section 7(1) (definitions), after the definition of “acquiring authority” insert—
“appropriate website”, in relation to a notice about a proposed compulsory purchase, means a website which members of the public could reasonably be expected to find on searching on the internet for information about the scheme or project that underlies the proposed purchase,
.
(3) In section 11 (requirement to publish notice of compulsory purchase order in newspaper)—
(a) for the heading substitute “Public notices”;
(b) in subsection (1)—
(i) the words from “in two” to “situated” become paragraph (a);
(ii) at the end insert
, and
(b) for a period of at least 21 days ending with the day specified under subsection (2)(d), publish a notice in the prescribed form on an appropriate website.
;
(c) in subsection (2)—
(i) in the words before paragraph (a), for “notice” substitute “notices”;
(ii) omit the “and” at the end of paragraph (c);
(iii) after paragraph (c) insert—
(ca) specify a website on which those copies may be viewed, and
;
(iv) for paragraph (d) substitute—
(d) specify the final day for making objections to the order, and the manner in which objections can be made.
;
(d) after subsection (2) insert—
(2A) If the confirming authority is satisfied that, because of special circumstances, it is impracticable for the acquiring authority to make the copies referred to in subsection (2)(c) available for inspection at an appropriate place, the confirming authority may direct that the requirement in subsection (2)(c) (together with that in section 12(1)(ba)) is not to apply.
;
(e) in subsection (4)(b), omit the words from “(but” to “affixed)”.
(4) In section 12(1) (requirement to serve notice on certain affected persons)—
(a) omit the “and” at the end of paragraph (b);
(b) after paragraph (b) insert—
(ba) (subject to section 11(2A)) naming a place within the locality where a copy of the order and of the map referred to in it may be inspected,
(bb) specifying a website on which those copies may be viewed, and
;
(c) for paragraph (c) substitute—
(c) specifying the final day for making objections to the order, and the manner in which objections can be made.
(5) After section 12 insert—
Final day for making objections
12A (1) For the purposes of sections 11 and 12, the day specified as the final day for making objections must be the last day, or a day after the last day, of the period of 21 days beginning with the first day at the beginning of which the acquiring authority expects that all of the following conditions will be satisfied.
(2) The conditions are that—
(a) a notice has been published for the first time as required by section 11(1)(a),
(b) publication as required by section 11(1)(b) has begun,
(c) a notice has been affixed as required by section 11(3), and
(d) a notice has been served on every qualifying person as required by section 12(1).
(6) In section 15 (notices after confirmation of compulsory purchase order)—
(a) in subsection (3)—
(i) the words from “in one” to “situated” become paragraph (a);
(ii) at the end of that paragraph insert
, and
(b) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the authority takes the final step needed to comply with subsection (1)(a).
;
(b) in subsection (3A), for “(3)” substitute “(3)(a)”;
(c) in subsection (3B)—
(i) for “(3)” substitute “(3)(a)”;
(ii) after “(3A),” insert “or with subsection (3)(b),”;
(d) in subsection (4), after paragraph (c) insert—
(ca) specifying a website on which those copies may be viewed;
;
(e) after subsection (4) insert—
(4A) If the confirming authority is satisfied that, because of special circumstances, it is impracticable for the acquiring authority to make the copies referred to in subsection (4)(c) available for inspection at an appropriate place, the confirming authority may direct that the requirement in subsection (4)(c) is not to apply.
(7) In section 22 (requirement to publish notice of certificate under Part 3 of the Act)—
(a) the words from “in one” to “situated” become paragraph (a);
(b) at the end of that paragraph insert
, and
(b) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the certificate is given,
.
(8) In paragraph 9 of Schedule 3 (requirement to publish notice of certificate under that Schedule)—
(a) the words from “in one” to “situated” become paragraph (a);
(b) at the end of that paragraph insert
, and
(b) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the certificate is given,
.
(1) The Acquisition of Land Act 1981 is amended as follows.
(2) In section 13A (confirmation proceedings for contested orders), for subsections (2) to (6) substitute—
(1A) The confirming authority must cause a public local inquiry to be held if—
(a) the order is subject to special parliamentary procedure, or
(b) in the case of an order to which section 16 applies, a certificate has been given under subsection (2) of that section.
(1B) If subsection (1A) does not apply, the confirming authority must either—
(a) cause a public local inquiry to be held, or
(b) follow the representations procedure.
(1C) In deciding between those options, the confirming authority must have regard to the scale and complexity of what is proposed by the order.
(1D) The representations procedure is a procedure to be prescribed.
(1E) The regulations prescribing the procedure must include—
(a) provision enabling each person who has made a remaining objection to make representations—
(i) in writing to the confirming authority, or
(ii) if the person so requests, at a hearing, and
(b) provision enabling the acquiring authority, and any other person the confirming authority thinks appropriate, to make representations—
(i) in writing to the confirming authority, or
(ii) if applicable, at a hearing held as mentioned in paragraph (a)(ii).
(1F) The regulations may provide for hearings to be held by the confirming authority or by a person appointed by the confirming authority.
(1G) In subsection (1E), “representations” means representations as to whether the order should be confirmed.
(1H) Before confirming the order, the confirming authority must consider—
(a) each remaining objection;
(b) if a public local inquiry was held, the report of the person who held it;
(c) if the representations procedure was followed and the confirming authority held a hearing, the representations made at the hearing;
(d) if the representations procedure was followed and a person appointed by the confirming authority held a hearing, the report of that person;
(e) if the representations procedure was followed and written representations were made, those representations.
(1I) The confirming authority may confirm the order with or without modifications.
(3) In section 13B (supplementary provision about written representations procedure)—
(a) in the heading, omit “Written”;
(b) in each of the following provisions, omit “written”—
(i) subsection (1);
(ii) subsection (2);
(iii) subsection (4);
(iv) subsection (6);
(v) subsection (7);
(c) in subsection (7), for “13A(6)” substitute “13A(1D)”.
(4) In section 13C (confirmation of compulsory purchase order in stages), in subsection (3), for “13A(2) or (3)” substitute “13A(1A) or (1B)”.
(5) In section 14D(3) (functions of inspector appointed by confirming authority), in paragraph (c), for the words from “13A(3)(a)” to the end substitute “13A”.
(1) The Acquisition of Land Act 1981 is amended as set out in subsections (2) and (3).
(2) After section 13B insert—
Conditional confirmation
13BA (1) The confirming authority may confirm a compulsory purchase order conditionally.
(2) The effect of conditional confirmation is that the order—
(a) does not become operative until the confirming authority has decided, on an application by the acquiring authority, that certain conditions have been met, and
(b) expires if the confirming authority—
(i) has not received an application for the purposes of subsection (2)(a) by a certain time, or
(ii) having received such an application by that time, decides that the conditions have not been met.
(3) The conditions and the time are to be specified by the confirming authority when it confirms the order.
(4) The procedure to be followed in relation to an application under this section is to be prescribed.
(5) The regulations prescribing the procedure must include provision for each relevant objector—
(a) to be given notice of the application (or for steps to be taken with a view to notifying them), and
(b) to have the opportunity to make written representations in response to the application.
(6) In subsection (5), “relevant objector” means a person who made an objection to the order that—
(a) was a remaining objection for the purposes of section 13A, and
(b) had not been withdrawn by the time the order was confirmed.
(7) The regulations may include provision as to the giving of reasons for the decision on the application.
(8) Subsections (2) to (6) of section 13B apply to proceedings on an application under this section as they apply to the representations procedure.
(3) In section 15 (notices after confirmation of compulsory purchase order)—
(a) in subsection (2)(b), for “date when the order becomes operative” substitute “day on which the authority takes the final step needed to comply with subsection (1)(a)”;
(b) in subsection (3), at the beginning insert “Unless the order was confirmed conditionally,”;
(c) in subsection (4), after paragraph (b) insert—
(ba) if the order was confirmed conditionally, stating the conditions and time specified under section 13BA(3);
;
(d) after subsection (4A) (inserted by section 181(6)) insert—
(4B) If the order was confirmed conditionally and the confirming authority decides under section 13BA that the conditions have been met, the acquiring authority must serve—
(a) a copy of the order, and
(b) a fulfilment notice,
on each person on whom a notice was required to be served under section 12.
(4C) Where subsection (4B) applies, the acquiring authority must also—
(a) affix a fulfilment notice to a conspicuous object or objects on or near the land comprised in the order, and
(b) publish a fulfilment notice—
(i) in one or more local newspapers circulating in the locality in which the land comprised in the order is situated, and
(ii) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the acquiring authority takes the final step needed to comply with subsection (4B).
(4D) The acquiring authority must comply with subsections (4B) and (4C)(a) and (b)(i) before the end of—
(a) the period of 6 weeks beginning with the day on which the decision under section 13BA is made, or
(b) such longer period beginning with that day as may be agreed in writing between the acquiring authority and the confirming authority.
(4E) If the acquiring authority fails to comply with those provisions before the end of that period, or fails to comply with subsection (4C)(b)(ii), the confirming authority may—
(a) take any steps that the acquiring authority was required but has failed to take to comply, and
(b) recover the reasonable costs of doing so from the acquiring authority
(4F) A fulfilment notice is a notice—
(a) stating that the conditions subject to which the order was confirmed have been met and that the order will therefore become operative, and
(b) annexing the information that was contained in the confirmation notice.
;
(e) in subsection (5), after “notice” insert “or fulfilment notice”;
(f) in subsection (6)—
(i) after “notice” insert “, and any fulfilment notice,”;
(ii) for “it” substitute “each such notice”.
(4) Schedule 18 contains, and makes provision in connection with, amendments in consequence of this section and paragraph 3 of Schedule 19.
(1) In the Acquisition of Land Act 1981—
(a) after section 13C insert—
Power to extend time limit for implementation
13D (1) The confirming authority may, when it confirms a compulsory purchase order, include provision in the order specifying a period longer than three years for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for notice to treat) and section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981 (time limit for general vesting declaration).
(2) No such provision is to be included by the acquiring authority in the order submitted for confirmation.
;
(b) in paragraph 1 of Schedule 1 (preliminary provision about compulsory purchase by Ministers), after sub-paragraph (3) insert—
(3A) The order may, in particular, include provision specifying a period longer than three years for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for notice to treat) and section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981 (time limit for general vesting declaration).
(2) In the Compulsory Purchase Act 1965—
(a) in section 4 (time limit for notice to treat)—
(i) the existing text becomes subsection (1);
(ii) in that subsection, for “period of 3 years” substitute “applicable period”;
(iii) after that subsection insert—
(2) The applicable period is—
(a) 3 years, or
(b) such longer period as is specified in the order for the purposes of this section.
;
(b) in section 4A (extension of time limit during challenge), in subsection (1), for “three year period mentioned in” substitute “applicable period for the purposes of”.
(3) In the Compulsory Purchase (Vesting Declarations) Act 1981—
(a) in section 5A (time limit for general vesting declaration)—
(i) the existing text becomes subsection (1);
(ii) in that subsection, for “period of 3 years” substitute “applicable period”;
(iii) after that subsection insert—
(2) The applicable period is—
(a) 3 years, or
(b) such longer period as is specified in the order for the purposes of this section.
;
(b) in section 5B (extension of time limit during challenge), in subsection (1), for “three year period mentioned in” substitute “applicable period for the purposes of”.
(4) In section 582 of the Housing Act 1985 (suspension of recovery of possession of certain premises when compulsory purchase order made)—
(a) in subsection (2)(a), for “third anniversary of” substitute “final day of the period of three years beginning with”;
(b) after subsection (6) insert—
(6A) If the compulsory purchase order specifies a period longer than three years under section 13D of the Acquisition of Land Act 1981, the references in this section to the period of three years are to be read as references to the period specified in the order.
(1) The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as set out in subsections (2) to (6).
(2) In section 7 (constructive notice to treat), in subsection (1), at the beginning insert “Subject to section 8A,”.
(3) In section 8 (vesting, entry and possession), in subsection (1), for “section” substitute “sections 8A and”.
(4) After section 8 insert—
Postponement of vesting by agreement
8A (1) The acquiring authority may agree in writing with the owner of any interest which is to vest in the authority under section 8 that the interest is to vest on a date after the vesting date.
(2) If such an agreement is in force on the vesting date, sections 7 and 8 operate in relation to the interest as if the vesting date were—
(a) the agreed date, or
(b) any date subsequently agreed under subsection (1).
(3) If an interest subject to an agreement under this section entitles the owner to possession of the land concerned, the right to enter upon and take possession of the land given by section 8 does not arise until the interest vests in accordance with this section.
(5) In section 10 (compensation), after subsection (1) insert—
(1A) But if an agreement under section 8A is in force in relation to an interest in the land when the land becomes vested apart from that interest, subsection (1) does not give rise to any liability in relation to the interest until it becomes vested.
(6) In paragraph 5 of Schedule A1 (definitions for the purposes of the Schedule)—
(a) the existing text become sub-paragraph (1);
(b) in that sub-paragraph, in the definition of “original vesting date”, after “is” insert “, subject to sub-paragraph (2),”;
(c) after that sub-paragraph insert—
(2) If an agreement under section 8A is in force in respect of the interest which gives the owner the ability to sell the land proposed to be acquired, the “original vesting date” is the date on which the interest is to vest as a result of the agreement.
(7) In section 5A of the Land Compensation Act 1961 (valuation date)—
(a) in subsection (4), after “date is” insert “, subject to subsection (4A),”;
(b) after subsection (4) insert—
(4A) If an interest in land vests in accordance with an agreement under section 8A of that Act (postponement of vesting), the relevant valuation date in respect of that interest is the earlier of—
(a) the date on which it vests, and
(b) the date when the assessment is made.
;
(c) in subsection (5B)(b), after “is” insert “, as a result of Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (counter-notices in respect of divided land),”.
(1) The Secretary of State may, by regulations, make provision requiring an acquiring authority, in preparing, holding or providing such of its relevant compulsory purchase data as is specified or described in the regulations, to comply with any approved data standards which are applicable.
(2) “Acquiring authority” means any person who is, or may be, authorised under an enactment to acquire land compulsorily.
(3) “Approved data standards”, in relation to relevant compulsory purchase data, are such written standards, containing technical specifications or other requirements in relation to the data, or in relation to preparing, holding or providing the data, as may be published by the Secretary of State from time to time.
(4) “Relevant compulsory purchase data” means information that is, or is to be, contained in relevant compulsory purchase documentation.
(5) “Relevant compulsory purchase documentation” means an order or notice or any other documentation that is, or is to be, prepared by an acquiring authority (acting as such) under or for the purposes of relevant compulsory purchase legislation.
(6) “Relevant compulsory purchase legislation” means provision made by or under—
(a) the Land Compensation Act 1961,
(b) the Compulsory Purchase Act 1965,
(c) the Land Compensation Act 1973,
(d) sections 10 to 16 of, and Schedules 4 and 5 to, the New Towns Act 1981,
(e) the Compulsory Purchase (Vesting Declarations) Act 1981,
(f) the Acquisition of Land Act 1981,
(g) section 9 of the Tribunals and Inquiries Act 1992,
(h) Part 7 of the Housing and Planning Act 2016, or
(i) Chapter 1 of Part 2 of the Neighbourhood Planning Act 2017.
(7) “Providing”, in subsection (1), includes submitting, issuing, serving, notifying and publishing.
(1) In section 6D of the Land Compensation Act 1961 (no-scheme principle)—
(a) in subsection (3), for “regeneration or redevelopment” substitute “development”;
(b) in subsection (4)(a), for “regeneration or redevelopment” substitute “development for which the land is acquired”;
(c) after subsection (6) insert—
(7) In this section and section 6E, “development” includes re-development, regeneration and improvement.
(2) In section 6E of that Act (further provision about inclusion of transport projects in “scheme” for purposes of no-scheme principle)—
(a) in subsection (2)(a), for “regeneration or redevelopment” substitute “the development of land in the vicinity of land comprised in the relevant transport project”;
(b) in subsection (2)(c), omit “for regeneration or redevelopment”;
(c) in subsection (3), for “8 September 2016” substitute “the relevant date”;
(d) after subsection (3) insert—
(3A) The “relevant date” is—
(a) 8 September 2016, in a case where the land is acquired for regeneration or redevelopment and regeneration or redevelopment was part of the published justification for the relevant transport project;
(b) in any other case, the first day after the period of three months beginning with the day on which section 188 of the Levelling-up and Regeneration Bill comes into force.
189 Prospects of planning permission for alternative development
(1) The Land Compensation Act 1961 is amended as follows.
(2) In section 14 (taking account of actual or prospective planning permission in valuing land)—
(a) in subsection (2), for paragraph (b) substitute—
(b) of the prospect of planning permission being granted on or after that date for development, whether on the relevant land or other land, other than development for which planning permission is in force at the relevant valuation date.
;
(b) for subsections (3) and (4) substitute—
(2A) If a description of development is certified under section 17 as appropriate alternative development in relation to the relevant land (or any part of it), it is to be taken as certain for the purposes of subsection (2)(b) that—
(a) planning permission for development of that description would be (or would have been) granted on the relevant valuation date, and
(b) the permission would be (or would have been) granted in accordance with any indication given under section 17(5B).
(2B) In relation to any other development, the prospects of planning permission are to be assessed for the purposes of subsection (2)(b)—
(a) on the assumptions set out in subsection (5), and
(b) otherwise, in the circumstances known to the market at the relevant valuation date.
;
(c) in subsection (5), in the words before paragraph (a), for “subsections (2)(b) and (4)(b)” substitute “subsection (2B)(a) (and in section 17(1B)(a))”;
(d) in subsection (9), in the words before paragraph (a), for the words from “to” to “15(1)(b)” substitute “in subsection (2) to planning permission that is in force”.
(3) In section 17 (certification of appropriate alternative development)—
(a) in subsection (1), for the words from “containing” to the end substitute “stating that a certain description of development is appropriate alternative development in relation to the acquisition”;
(b) after subsection (1) insert—
(1A) Development is “appropriate alternative development” for this purpose if it is development—
(a) on the land in which the interest referred to in subsection (1) subsists (whether alone or together with other land),
(b) for which planning permission is not in force at the relevant planning date, and
(c) in respect of which the following test is met.
(1B) The test is whether, had an application for planning permission for the development been determined on the relevant planning date, the local planning authority would have been more likely than not to grant the permission—
(a) on the assumptions set out in section 14(5),
(b) on the assumption that it would act lawfully, and
(c) otherwise, in the circumstances known to the market at the relevant planning date.
(1C) For the purposes of subsections (1A) and (1B), the “relevant planning date” is—
(a) the relevant valuation date, or
(b) if earlier, the date on which the application under this section is determined.
;
(c) in subsection (3), for paragraphs (a) and (b) substitute—
(ba) must set out the applicant’s reasons for considering that the description of development given in the application is appropriate alternative development, and
;
(d) for subsections (5) to (8) substitute—
(5A) The local planning authority may issue a certificate under this section in respect of—
(a) the description of development given in the application for the certificate, or
(b) a description of development less extensive than, but otherwise falling within, the description given in the application.
(5B) A certificate under this section must give a general indication of—
(a) any conditions to which planning permission for the development would have been subject, and
(b) any pre-condition for granting the permission (for example, entry into an obligation) that would have had to be met.
(5C) The test to be applied for the purposes of subsection (5B) is whether the local planning authority would have been more likely than not to impose such conditions, or insist on such a pre-condition, on the assumptions, and otherwise in the circumstances, referred to in subsection (1B).
;
(e) in subsection (10)—
(i) for “there must be taken into account any expenses reasonably” substitute “no account is to be taken of any expenses”;
(ii) omit the words from “where” to “favour”.
(4) In section 18 (appeals to Upper Tribunal)—
(a) in subsection (2)—
(i) after paragraph (a) (but before the “and” at the end) insert—
(aa) must consider those matters as if, in subsections (1B) and (5C), the references to the local planning authority were references to a reasonable planning authority,
;
(ii) in paragraph (b), after sub-paragraph (ii) insert—
(iia) cancel it, or
;
(b) after subsection (2) insert—
(2A) Where the local planning authority have rejected an application for a certificate under section 17, the person who applied for the certificate may appeal to the Upper Tribunal against the rejection.
(2B) On an appeal under subsection (2A)—
(a) paragraphs (a) and (aa) of subsection (2) apply as on an appeal under subsection (1), and,
(b) the Upper Tribunal must—
(i) confirm the rejection, or
(ii) issue a certificate,
as the Upper Tribunal may consider appropriate.
;
(c) in subsection (3), for the words from “the preceding” to the end substitute “subsection (2A) applies as if the local planning authority have rejected the application”;
(d) after subsection (3) insert—
(4) The references in sections 14(2A) and 17(5A) and (5B) to a certificate under section 17 include a certificate issued, or as varied, by the Upper Tribunal under this section.
(5) In section 19 (applications by surveyors)—
(a) in subsection (3), for “paragraphs (a) and (b)” substitute “paragraph (ba)”;
(b) after that subsection insert—
(4) In the application of section 18 by virtue of subsection (1)—
(a) subsection (1)(a) of that section is to be read as if it included the surveyor, and
(b) subsection (2A) of that section is to be read as if the reference to the person who applied for the certificate included the person entitled to the interest.
(6) In section 20(a) (power to prescribe time limit for issuing certificate under section 17), for the words from “time” to the end substitute “period within which an application under that section is to be determined”.
(7) In section 22 (interpretation of Part 3), after subsection (2) insert—
(2A) The completion of the acquisition or purchase referred to in the applicable paragraph of subsection (2) does not affect the continued application of that subsection.
190 Power to require prospects of planning permission to be ignored
(1) In the Acquisition of Land Act 1981—
(a) in section 7(3) (regulations subject to negative procedure), before “paragraph 4A” insert “section 15A(11) or”;
(b) in section 14A (confirmation by acquiring authority), after subsection (2) insert—
(2A) Nor does it apply to an order directing that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (see section 15A).
;
(c) after section 15 insert—
Special provision about compensation
Directions applying section 14A of the Land Compensation Act 1961
15A (1) Subsection (2) applies if—
(a) an acquiring authority submits a compulsory purchase order for confirmation, and
(b) the authorising enactment is listed in Schedule 2A.
(2) The acquiring authority may include in the order a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored); and if it does so the following provisions of this section apply.
(3) The acquiring authority must submit to the confirming authority a statement of commitments together with the order.
(4) A “statement of commitments” is a statement of the acquiring authority’s intentions as to what will be done with the project land should the acquisition proceed, so far as the authority relies on those intentions in contending that the direction is justified in the public interest.
(5) If the authorising enactment is listed in any of paragraphs 2 to 7 of Schedule 2A, those intentions must include the provision of a certain number of units of affordable housing.
(6) The statement under section 12(1)(a) must include a statement of the effect of the direction; and paragraphs (ba) and (bb) of the same subsection apply in respect of the statement of commitments as they apply in respect of the compulsory purchase order.
(7) The confirming authority may permit the acquiring authority to amend the statement of commitments before the decision whether to confirm the order is made.
(8) But the confirming authority may do so—
(a) only if satisfied that the amendment would not be unfair to any person who made or could have made a relevant objection for the purposes of section 13, and
(b) if the authorising enactment is listed in any of paragraphs 2 to 7 of Schedule 2A, only if the statement of commitments as amended will still comply with subsection (5).
(9) If the confirming authority decides to confirm the order in accordance with the applicable provisions of this Part—
(a) it may confirm the order with the direction included if satisfied that the direction is justified in the public interest;
(b) otherwise, it must modify the order so as to remove the direction.
(10) If the order is confirmed with the direction included, a confirmation notice under section 15 must (in addition to the matters set out in subsection (4) of that section)—
(a) state the effect of the direction,
(b) explain how the statement of commitments may be viewed, and
(c) explain that additional compensation may become payable if the statement of commitments is not fulfilled.
(11) In this section—
“the authorising enactment” means the enactment that confers the power to make the compulsory purchase to which the order in question relates;
“the project land” means—
the land proposed to be acquired further to the compulsory purchase order, and
any other land that the acquiring authority intends to be used in connection with that land;
“unit of affordable housing” means a building or part of a building that is constructed or adapted for use as a separate dwelling and—
in the case of a building in England, is to be used as—
social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or
housing of any other description that is prescribed, or
in the case of a building in Wales, is to be used as housing of a description that is prescribed.
;
(d) after Schedule 2 insert—
Schedule 2A
Enactments eligible for directions applying section 14A of the Land Compensation Act 1961
Section 15A
Enactments authorising acquisitions for purposes including housing
1 Section 21A(1)(c) and (2)(c) of the Welsh Development Agency Act 1975 (acquisition by Welsh Ministers of land in England for Welsh development purposes).
2 Section 142 of the Local Government, Planning and Land Act 1980 (acquisition by urban development corporation).
3 Section 17 of the Housing Act 1985 (acquisition by local housing authority).
4 Section 226 of the Town and Country Planning Act 1990 (acquisition by local authority for development or planning purposes).
5 Section 333ZA of the Greater London Authority Act 1999 (acquisition by Greater London Authority for housing or regeneration purposes).
6 Section 9 of the Housing and Regeneration Act 2008 (acquisition by the Homes and Communities Agency).
7 Section 207 of the Localism Act 2011 (acquisition by mayoral development corporation).
Enactments authorising acquisitions for purposes of the NHS
8 Paragraph 46 of Schedule 4 to the Health and Social Care (Community Health and Standards) Act 2003 (acquisition by NHS foundation trust).
9 Paragraph 27 of Schedule 4 to the National Health Service Act 2006 (acquisition by NHS trust).
10 In the National Health Service (Wales) Act 2006—
(a) paragraph 20 of Schedule 2 (acquisition by local health board);
(b) paragraph 27 of Schedule 3 (acquisition by NHS trust).
Enactment authorising acquisitions for educational purposes
11 Section 530 of the Education Act 1996 (acquisition by local authority for purposes of educational institution or function).
(2) In the Land Compensation Act 1961—
(a) after section 14 insert—
Cases where prospect of planning permission to be ignored
14A (1) The following provisions apply in relation to an acquisition if the compulsory purchase order authorising the acquisition directs that compensation is to be assessed in accordance with this section.
(2) Section 14 does not apply.
(3) In assessing the value of land in accordance with rule (2) in section 5, it is to be assumed that no planning permission would be granted for development on the relevant land (whether alone or together with other land).
(4) Subsection (3) does not prevent account being taken of planning permission that has already been granted.
(5) Subsection (3) does not apply in relation to development consisting of the use as two or more separate dwellings of any building previously used as a single dwelling.
(6) Schedule 2A provides for the payment of additional compensation in respect of the acquisition in certain circumstances.
;
(b) in section 32 (interest from entry on land), after subsection (2) insert—
(3) This section does not apply in relation to additional compensation payable under Schedule 2A.
;
(c) after the second Schedule insert—
Schedule 2A
Additional compensation where section 14A applied
Section 14A(6)
Directions for additional compensation
1 (1) This paragraph applies if—
(a) an interest in land has been acquired further to a compulsory purchase order, and
(b) the order directed that compensation was to be assessed in accordance with section 14A.
(2) The confirming authority must, on an application by an eligible person, make a direction for additional compensation if it appears to the confirming authority that the following conditions are met.
(3) Those conditions are—
(a) that the statement of commitments has not been fulfilled,
(b) either—
(i) that the period of 10 years beginning with the date on which the compulsory purchase order became operative has expired, or
(ii) that there is no longer any realistic prospect of the statement of commitments being fulfilled within that period, and
(c) that the initial direction would not have been confirmed on the basis of a statement of commitments reflecting what has in fact been done with the project land since its acquisition.
(4) In sub-paragraph (3)—
“the statement of commitments” means the statement of commitments submitted in connection with the compulsory purchase order under section 15A(3) of the Acquisition of Land Act 1981 (and if the statement was amended after its submission, means the statement as amended);
“the initial direction” means the direction referred to in sub-paragraph (1)(b) (and that direction was “confirmed” when the compulsory purchase order was confirmed with the inclusion of the direction);
“the project land” means the land treated as the project land for the purposes of the statement of commitments;
and that statement is “fulfilled” if what is done with that land after its acquisition is materially in accordance with the statement.
(5) The effect of a direction for additional compensation is that each eligible person may make a claim to the acquiring authority for any additional compensation in respect of the acquisition payable to the person under this Schedule.
(6) A person is an “eligible person” for the purposes of this Schedule if the person was entitled to compensation in respect of the acquisition (and see also paragraph 4(1)).
Amount of additional compensation
2 (1) Additional compensation in respect of an acquisition is payable to an eligible person only if, in relation to that person, the alternative amount is greater than the original amount.
(2) The amount payable is the difference between the two amounts.
(3) The “original amount” is the amount of compensation awarded or agreed to be paid to the person in respect of the acquisition.
(4) The “alternative amount” is the amount of compensation that would have been assessed as due to the person in respect of the acquisition had compensation been assessed without the application of section 14A.
(5) If the original amount was agreed, the relevant valuation date for the purposes of the assessment imagined under sub-paragraph (4) is the date on which the agreement was concluded.
(6) In relation to the determination of an amount of additional compensation under this Schedule, section 17(2)(b) applies as if its reference to the amount of compensation were to the amount of additional compensation.
(7) A certificate issued under section 17 (or 18) after the award or agreement referred to in sub-paragraph (3) is to have effect for the purposes of the assessment imagined under sub-paragraph (4) as if it had been issued before that assessment.
(8) Any amount of compensation that is or would be attributable to disturbance, severance or injurious affection is to be ignored for the purposes of sub-paragraphs (3) and (4).
Time limit for application for direction
3 An application under paragraph 1(2) may not be made after the expiry of the period of 13 years beginning with the date on which the compulsory purchase order became operative.
Mortgages
4 (1) For the purposes of this Schedule an “eligible person” includes a person who would have been entitled to compensation in respect of the acquisition but for the existence of a mortgage (but the mortgage is in that case still to be taken into account in determining the original and alternative amounts under paragraph 2).
(2) An amount agreed or awarded to be paid to a mortgagee under section 15 or 16 of the Compulsory Purchase Act 1965 in respect of the acquisition is to be treated for the purposes of this Schedule as compensation in respect of the acquisition.
(3) The reference in sub-paragraph (2) to an amount paid under section 15 or 16 of the Compulsory Purchase Act 1965 (“the applicable section”) includes an amount paid under section 52ZA or 52ZB of the Land Compensation Act 1973 and taken into account by virtue of section 52ZC(7)(d) of that Act for the purposes of the applicable section.
(4) Additional compensation payable under this Schedule to a person in the person’s capacity as a mortgagee (or to a person exercising rights of a mortgagee) is to be applied towards the discharge of the sums secured by the mortgage.
(5) If there is no remaining sum secured by the mortgage, the additional compensation that would be payable as described in sub-paragraph (4) is instead payable to the person who is an eligible person by virtue of the interest that was subject to the mortgage.
(6) If the additional compensation that would be payable as described in sub-paragraph (4) exceeds the total of the remaining sums secured by the mortgage, the amount of the excess is instead payable to the person who is an eligible person by virtue of the interest that was subject to the mortgage.
Successors-in-title
5 (1) This paragraph applies if, had the compensation to which an eligible person was entitled in respect of the acquisition remained unpaid, the right to be paid it would now vest in some other person (assuming that it remained enforceable and any obligations in respect of the right had been complied with).
(2) If the eligible person is still alive or in existence, the rights that the eligible person would have under this Schedule are exercisable by the other person and not by the eligible person.
(3) If the eligible person is no longer alive or in existence, the rights that the eligible person would have under this Schedule if that person were still alive or in existence are exercisable by the other person.
(4) The right exercisable by the other person under sub-paragraph (2) or (3) is subject to any restriction, condition or other incident to which the right vested in that person as imagined under sub-paragraph (1) would be subject.
(5) Additional compensation paid to the other person by virtue of sub-paragraph (2) or (3) must be dealt with by the person in any way in which the person would have to deal with compensation paid to that person further to the right vested in that person as imagined under sub-paragraph (1).
(6) If a person is an eligible person by virtue of paragraph 4(1), the reference in sub-paragraph (1) to compensation to which the person was entitled is to be read as a reference to the compensation to which the person would have been entitled but for the mortgage.
Consequential losses
6 (1) The relevant authority may by regulations provide for additional compensation payable on a claim under paragraph 1(5) to include (in addition to any amount payable under paragraph 2) an amount to make good qualifying losses.
(2) “Qualifying losses” are financial losses shown to have been suffered by an eligible person, or a person entitled to exercise the rights of the eligible person under paragraph 5, as a result of the compensation initially payable to the eligible person in respect of the acquisition being of the original amount rather than the alternative amount.
(3) In the case of an eligible person who is so by virtue of an interest that was subject to a mortgage, the reference in sub-paragraph (2) to compensation payable to the eligible person is to be taken to include compensation payable to the mortgagee of that interest.
(4) Regulations under this paragraph may limit the qualifying losses in respect of which additional compensation is payable under the regulations by reference to—
(a) a description of loss,
(b) an amount, or
(c) any other circumstance.
Procedure etc
7 (1) The relevant authority may by regulations make provision—
(a) about the procedure for applications under paragraph 1(2) or claims under paragraph 1(5) (including provision about the costs of such applications or claims);
(b) about steps that must be taken by the acquiring authority or the confirming authority for the purposes of publicising or giving notice of a direction for additional compensation;
(c) for interest to be applied to amounts of additional compensation that are payable;
(d) about how or when additional compensation (and any interest) is to be paid.
(2) Regulations under this paragraph about costs of claims under paragraph 1(5)—
(a) may modify or disapply section 29 of the Tribunals, Courts and Enforcement Act 2007 (costs or expenses) or provisions in Tribunal Procedure Rules relating to costs;
(b) may apply (with or without modifications) section 4 of this Act;
and section 4 of this Act does not apply in relation to such a claim unless so applied.
Regulations
8 (1) For the purposes of this Schedule “the relevant authority” is—
(a) the Secretary of State, in relation to England;
(b) the Welsh Ministers, in relation to Wales.
(2) Regulations under this Schedule may make—
(a) consequential, supplementary, incidental, transitional or saving provision;
(b) different provision for different purposes.
(3) Regulations under this Schedule are to be made by statutory instrument.
(4) A statutory instrument containing such regulations is subject to annulment in pursuance of—
(a) a resolution of either House of Parliament, in the case of regulations made by the Secretary of State, or
(b) a resolution of Senedd Cymru, in the case of regulations made by the Welsh Ministers.
Interpretation
9 (1) In this Schedule—
(a) “the confirming authority” means—
(i) the person who confirmed the compulsory purchase order, or
(ii) any successor to that person’s function of confirming compulsory purchase orders of the type in question;
(b) references to “the acquisition” or “the compulsory purchase order” are to the acquisition or order by virtue of which paragraph 1 applies;
(c) references to the acquisition of an interest in land include—
(i) the creation of such an interest, and
(ii) the acquisition or creation of a right in or over land;
and references to interests in land are to be read accordingly.
(2) In the case of a compulsory purchase order made under section 10(1) of, and Part 1 of Schedule 4 to, the New Towns Act 1981 (compulsory acquisition by new town development corporation in usual cases), the reference in paragraph 1(4) to section 15A(3) of the Acquisition of Land Act 1981 is to be read as a reference to paragraph 5A(2) of Schedule 4 to the New Towns Act 1981.
(3) In the case of a compulsory purchase order made under section 13(1)(a) of, and Part 1 of Schedule 5 to, the New Towns Act 1981 (compulsory acquisition by new town development corporation of statutory undertakers’ operational land)—
(a) the reference in paragraph 1(4) to section 15A(3) of the Acquisition of Land Act 1981 is to be read as a reference to paragraph 5A(2) of Schedule 5 to the New Towns Act 1981, and
(b) the references in paragraph 1(4) and sub-paragraph (1)(a) to the confirmation of the order are to be read as references to the making of the order.
(4) In the case of a compulsory purchase order made under section 21A(1)(b) or (2)(b) of the Welsh Development Agency Act 1975 (compulsory acquisition by Welsh Ministers of land in Wales for Welsh development purposes)—
(a) the reference in paragraph 1(4) to submission under section 15A(3) of the Acquisition of Land Act 1981 is to be read as a reference to preparation under paragraph 3B(2) of Schedule 4 to the Welsh Development Agency Act 1975, and
(b) the references in paragraph 1(4) and sub-paragraph (1)(a) to the confirmation of the order are to be read as references to the making of the order.
(5) If—
(a) an interest in land is acquired further to section 154(2) of the Town and Country Planning Act 1990 (deemed compulsory acquisition further to blight notice), and
(b) the land falls within paragraph 22 of Schedule 13 to that Act (land blighted by compulsory purchase order),
the interest is to be treated for the purposes of this Schedule as having been acquired further to the compulsory purchase order by virtue of which the land falls within that paragraph.
(3) In the New Towns Act 1981—
(a) in Schedule 4 (procedure for compulsory acquisition by new town development corporation in usual cases), after paragraph 5 insert—
5A (1) A development corporation submitting an order to the Secretary of State under this Part of this Schedule may include in the order a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored); and if it does so the following provisions of this paragraph apply.
(2) The corporation must submit a statement of commitments together with the order.
(3) A “statement of commitments” is a statement of the corporation’s intentions as to what will be done with the project land should the acquisition proceed, so far as the corporation relies on those intentions in contending that the direction is justified in the public interest.
(4) Those intentions must include the provision of a certain number of units of affordable housing.
(5) The notice under paragraph 2(1) must—
(a) state the effect of the direction, and
(b) name a place where a copy of the statement of commitments may be seen at any reasonable hour.
(6) The Secretary of State may permit the corporation to amend the statement of commitments before the decision whether to confirm the order is made.
(7) But the Secretary of State may do so—
(a) only if satisfied that the amendment would not be unfair to any person who duly made or could duly have made an objection for the purposes of paragraph 4, and
(b) only if the statement of commitments as amended will still comply with sub-paragraph (4).
(8) If the Secretary of State decides to confirm the order under paragraph 3, the Secretary of State—
(a) may confirm the order with the direction included if satisfied that the direction is justified in the public interest;
(b) otherwise, must modify the order so as to remove the direction.
(9) If the order is confirmed with the direction included, the notice under paragraph 5 must—
(a) state the effect of the direction,
(b) explain how the statement of commitments may be viewed, and
(c) explain that additional compensation may become payable if the statement of commitments is not fulfilled.
(10) In this paragraph—
“the project land” means—
the land proposed to be acquired further to the compulsory purchase order, and
any other land that the corporation intends to be used in connection with that land;
“unit of affordable housing” means a building or part of a building that is constructed or adapted for use as a separate dwelling and—
in the case of a building in England, is to be used as—
social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or
housing of any other description that is set out in regulations made by the Secretary of State, or
in the case of a building in Wales, is to be used as housing of a description that is set out in regulations made by the Welsh Ministers.
;
(b) in Schedule 5 (procedure for compulsory acquisition by new town development corporation of statutory undertaker’s operational land), after paragraph 5 insert—
5A (1) A development corporation making an application under this Part of this Schedule may include in the application a request for a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored); and if it does so the following provisions of this paragraph apply.
(2) The corporation must submit a statement of commitments together with the application.
(3) A “statement of commitments” is a statement of the corporation’s intentions as to what will be done with the project land should the acquisition proceed, so far as the corporation relies on those intentions in contending that the direction would be justified in the public interest.
(4) Those intentions must include the provision of a certain number of units of affordable housing.
(5) The notice under paragraph 2 must—
(a) state that the request has been made and what the effect of the direction would be, and
(b) name a place where a copy of the statement of commitments may be seen at all reasonable hours.
(6) The Secretary of State and the appropriate Minister may permit the corporation to amend the statement of commitments before the decision whether to make an order on the application is made.
(7) But they may do so—
(a) only if satisfied that the amendment would not be unfair to any person who duly made or could duly have made an objection for the purposes of paragraph 3, and
(b) only if the statement of commitments as amended will still comply with sub-paragraph (4).
(8) If the Secretary of State and the appropriate Minister decide to make an order on the application under paragraph 3, they may include the direction in the order only if satisfied that the direction is justified in the public interest.
(9) If an order is made with the direction included, the notice under paragraph 5 must—
(a) state the effect of the direction,
(b) explain how the statement of commitments may be viewed, and
(c) explain that additional compensation may become payable if the statement of commitments is not fulfilled.
(10) In this paragraph—
“the project land” means—
the land proposed to be acquired further to the compulsory purchase order, and
any other land that the corporation intends to be used in connection with that land;
“unit of affordable housing” means a building or part of a building that is constructed or adapted for use as a separate dwelling and—
in the case of a building in England, is to be used as—
social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or
housing of any other description that is set out in regulations made by the Secretary of State, or
in the case of a building in Wales, is to be used as housing of a description that is set out in regulations made by the Welsh Ministers.
(4) In Part 1 of Schedule 4 to the Welsh Development Agency Act 1975 (procedure for compulsory acquisition under that Act), after paragraph 3A insert—
3B (1) Where the Welsh Ministers prepare a compulsory purchase order in draft under section 21A(1)(b) or (2)(b), they may include in the draft order a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored); and if they do so the following provisions of this paragraph apply.
(2) The Welsh Ministers must prepare a statement of commitments together with the draft order.
(3) A “statement of commitments” is a statement of the Welsh Ministers’ intentions as to what will be done with the project land should the acquisition proceed, so far as they rely on those intentions in contending that the direction is justified in the public interest.
(4) Those intentions must include the provision of a certain number of units of affordable housing.
(5) The statement under paragraph 3(1)(a) of Schedule 1 to the 1981 Act must include a statement of the effect of the direction; and paragraphs (ba) and (bb) of the same sub-paragraph apply in respect of the statement of commitments as they apply in respect of the draft order.
(6) The Welsh Ministers may amend the statement of commitments before the compulsory purchase order is made.
(7) But they may do so—
(a) only if satisfied that the amendment would not be unfair to any person who made or could have made a relevant objection for the purposes of paragraph 4 of Schedule 1 to the 1981 Act, and
(b) only if the statement of commitments as amended will still comply with sub-paragraph (4).
(8) If the Welsh Ministers decide to make the compulsory purchase order in accordance with the applicable provisions of Schedule 1 to the 1981 Act—
(a) they may make the order with the direction included if satisfied that the direction is justified in the public interest;
(b) otherwise, they must modify the draft of the order so as to remove the direction.
(9) If the order is made with the direction included, a making notice under paragraph 6 of Schedule 1 to the 1981 Act must (in addition to the matters set out in sub-paragraph (4) of that paragraph)—
(a) state the effect of the direction,
(b) explain how the statement of commitments may be viewed, and
(c) explain that additional compensation may become payable if the statement of commitments is not fulfilled.
(10) In this paragraph—
“the project land” means—
the land proposed to be acquired further to the compulsory purchase order, and
any other land that the Welsh Ministers intend to be used in connection with that land;
“unit of affordable housing” means a building or part of a building that is constructed or adapted for use as a separate dwelling and—
in the case of a building in Wales, is to be used as housing of a description that is set out in regulations made by the Welsh Ministers, or
in the case of a building in England, is to be used as—
social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or
housing of any other description that is set out in regulations made by the Secretary of State.
(11) A statutory instrument containing regulations under sub-paragraph (10) is subject to annulment in pursuance of a resolution of—
(a) Senedd Cymru, in the case of regulations made by the Welsh Ministers, or
(b) either House of Parliament, in the case of regulations made by the Secretary of State.
(5) In section 157 of TCPA 1990 (special provisions as to compensation for acquisitions further to blight notices), before subsection (1) insert—
(A1) Where—
(a) an interest in land is acquired in pursuance of a blight notice,
(b) the interest is one in respect of which a compulsory purchase order is in force, and
(c) the order directs that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961,
the compensation payable for the acquisition is to be assessed in accordance with that direction and as if the notice to treat deemed to have been served in respect of the interest under section 154 had been served in pursuance of the compulsory purchase order.
(1) A local authority may designate a street in its area as a high street for the purposes of this Part if it considers that the street is important to the local economy because of a concentration of high-street uses of premises on the street.
(2) A local authority may designate an area within its area as a town centre for the purposes of this Part if—
(a) the built environment of the area is characterised principally by a network of streets, and
(b) the authority considers that the area is important to the local economy because of a concentration of high-street uses of premises in the area.
(3) A street or area is not to be designated, however, if the authority considers that its importance derives principally from goods or services purchased in the course of business.
(4) A designation under this section may be varied or withdrawn at any time.
(5) A local authority must maintain and make available to the public a list describing, and a map showing, any designations under this section that are in force in its area.
(6) A designation under this section is a local land charge.
(7) In this Part—
“designated high street” means a street for the time being designated under subsection (1);
“designated town centre” means an area for the time being designated under subsection (2).
(1) For the purposes of this Part, any use of premises that falls within any of the following sub-paragraphs is a “high-street use”—
(a) use as a shop or office;
(b) use for the provision of services to persons who include visiting members of the public;
(c) use as a restaurant, bar, public house, café or other establishment selling food or drink for immediate consumption;
(d) use for public entertainment or recreation;
(e) use as a communal hall or meeting-place;
(f) use for manufacturing or other industrial processes of a sort that can (in each case) reasonably be carried on in proximity to, and compatibly with, the preceding uses.
(2) For the purposes of this Part, premises are “qualifying high-street premises” if—
(a) they are situated on a designated high street or in a designated town centre, and
(b) the local authority considers them to be suitable for a high-street use.
(3) But premises are not “qualifying high-street premises” if they are, or when last used were, used wholly or mainly as a warehouse.
(4) For the purposes of this Part, “suitable high-street use”, in relation to premises, means a high-street use for which the local authority considers the premises to be suitable.
(5) In considering the uses for which premises are suitable, a local authority is to have regard to any works that it expects—
(a) the landlord would be required to carry out, or
(b) the tenant would be permitted to, and likely to, carry out,
if a contract was entered into under section 204 and a tenancy was granted further to it.
(1) For the purposes of this Part, the “vacancy condition” is satisfied in relation to premises on a given day if—
(a) the premises are unoccupied on that day, and
(b) either—
(i) the premises were unoccupied for the whole of the period of one year ending with the previous day, or
(ii) during the period of two years ending with the previous day, the premises were unoccupied on at least 366 days.
(2) For the purposes of subsection (1), premises are occupied on a day during which they begin or cease to be occupied.
(3) Days before the day on which this section comes into force are to count for the purposes of subsection (1)(b).
(4) Occupation by a person living in premises that are not designed or adapted for residential use is not to count as occupation for the purposes of this section.
(5) Regulations may amend this section so as to alter the circumstances in which the “vacancy condition” is satisfied in relation to premises.
(6) Those circumstances must relate to the time during which premises are or have been unoccupied.
(7) A state of affairs does not amount to the occupation of premises for the purposes of this section unless it involves the use of the premises for activity that—
(a) is substantial,
(b) is sustained, and
(c) involves the regular presence of people at the premises.
For the purposes of this Part, the “local benefit condition” is satisfied in relation to premises if the local authority considers that the occupation of the premises for a suitable high-street use would be beneficial to the local economy, society or environment.
(1) On any day on which it appears to a local authority that the vacancy condition and the local benefit condition are met in relation to qualifying high-street premises in its area, the authority may serve a notice under this section (an “initial letting notice”) on the landlord of the premises.
(2) An initial letting notice expires (if it has not been withdrawn)—
(a) when a final letting notice in relation to the premises takes effect, or
(b) at the end of the period of ten weeks beginning with the day on which the initial letting notice takes effect.
196 Restriction on letting while initial notice in force
(1) While an initial letting notice is in force in relation to premises, the landlord of the premises may not—
(a) grant, or agree to grant, a tenancy of, or licence to occupy, the premises, or
(b) enter into any other agreement resulting in another person becoming entitled to possess or occupy the premises (except as a result of the transfer or extinction of the landlord’s interest),
without the written consent of the local authority that served the notice.
(2) The local authority must give or refuse consent under subsection (1) within a reasonable time after it is sought.
(3) Subsection (1) does not apply to the grant of a tenancy pursuant to an obligation that bound the landlord before the initial letting notice took effect.
(4) An obligation that is conditional on the service of an initial letting notice in relation to the premises is to be disregarded for the purposes of subsection (3).
(5) A tenancy or licence granted, or other agreement entered into, without consent required by subsection (1) is void.
(6) But subsection (5) is to be treated as never having applied to a tenancy, licence or agreement if—
(a) either—
(i) the initial letting notice expires without a final letting notice having taken effect, or
(ii) a final letting notice served further to the initial letting notice expires without a contract having been entered into under section 204, and
(b) the parties to the tenancy, licence or agreement have, until the expiry, conducted themselves towards each other on the basis that the tenancy, licence or agreement is valid.
197 Circumstances in which letting to be permitted
(1) The local authority must give consent under section 196(1) to—
(a) the grant of, or an agreement to grant, a tenancy, or
(b) the grant of a licence to occupy the premises,
if the conditions in subsection (2) are met.
(2) The conditions are that—
(a) the term of the proposed tenancy, or the period of occupation under the proposed licence, would begin within the period of eight weeks beginning with the day on which the initial letting notice took effect,
(b) that term or period would be at least one year, and
(c) the local authority is satisfied that the tenancy or licence would be likely to lead to the occupation of the premises for a high-street use.
(3) For the purposes of subsection (2)(b), a term or period is to be taken to be less than one year if the lessor or licensor has a right to terminate it within the period of one year beginning with the day on which it starts, unless that right arises only on default by the tenant or licensee.
(4) Consent granted further to the duty in subsection (1) is to be treated as not having been given if—
(a) the proposed tenancy or licence is not granted, or
(b) the term of the tenancy, or period of occupation under the licence, does not begin,
within the period referred to in subsection (2)(a).
(1) A local authority may serve a notice under this section (a “final letting notice”) on the landlord of qualifying high-street premises on any day on which—
(a) an initial letting notice served by the authority is in force in relation to the premises,
(b) the period of eight weeks beginning with the day on which that notice took effect has elapsed, and
(c) either—
(i) no tenancy or licence has been granted, or other agreement entered into, with the consent of the authority under section 196 or in circumstances where consent was not needed because of subsection (3) of that section, or
(ii) the authority is satisfied that any tenancy, licence or agreement so granted or entered into is consistent with the contemplated exercise of its powers under section 204.
(2) But the notice must be served in time for it to take effect before the initial letting notice expires.
(3) A final letting notice expires (if it has not been withdrawn or revoked on appeal, and subject to sections 201(6) and 202(6)) at the end of the period of 14 weeks beginning with the day on which it takes effect.
199 Restriction on letting while final notice in force
(1) While a final letting notice is in force in relation to premises, the landlord of the premises may not—
(a) grant, or agree to grant, a tenancy of, or licence to occupy, the premises, or
(b) enter into any other agreement resulting in another person becoming entitled to possess or occupy the premises (except as a result of the transfer or extinction of the landlord’s interest),
without the written consent of the local authority that served the notice.
(2) The local authority must give or refuse consent under subsection (1) within a reasonable time after it is sought.
(3) Subsection (1) does not apply to the grant of a tenancy pursuant to an obligation that bound the landlord before the initial letting notice preceding the final letting notice took effect.
(4) An obligation that is conditional on the service of an initial letting notice or final letting notice in relation to the premises is to be disregarded for the purposes of subsection (3).
(5) A tenancy granted, or agreement entered into, without consent required by subsection (1) is void.
(6) But subsection (5) is to be treated as never having applied to a tenancy, licence or agreement if—
(a) the final letting notice expires without a contract having been entered into under section 204, and
(b) the parties to the tenancy, licence or agreement have, until that expiry, conducted themselves towards each other on the basis that the tenancy, licence or agreement is valid.
200 Restriction on works while final notice in force
(1) While a final letting notice is in force in relation to premises, the landlord of the premises may not carry out, or permit the carrying out of, any works to the premises without the written consent of the local authority that served the notice.
(2) In subsection (1), “works to the premises” include the alteration or removal of any fixtures or fittings on the premises.
(3) Subsection (1) does not apply to works that are—
(a) urgently necessary for repair or preservation, or
(b) necessary to fulfil an obligation of the landlord, other than one voluntarily assumed after the initial letting notice preceding the final letting notice took effect.
(4) The local authority must—
(a) give or refuse consent under subsection (1) within a reasonable time after it is sought, and
(b) must give such consent unless there are reasonable grounds for refusing it, concerning the exercise or contemplated exercise of the authority’s powers under the following provisions of this Part in relation to the premises.
(5) A person who contravenes subsection (1) without reasonable excuse commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) The landlord of premises in relation to which a final letting notice has been served may give a counter-notice to the local authority that served the final letting notice.
(2) A counter-notice must be received by the local authority before the end of the period of 14 days beginning with the day on which the final letting notice takes effect.
(3) A counter-notice must—
(a) state that, if the final letting notice is not withdrawn, the landlord intends to appeal against it, and
(b) specify the ground (which must be a permissible ground) on which the appeal would be brought.
(4) The permissible grounds of appeal are set out in Part 1 of Schedule 20 (and they are to be interpreted and applied in accordance with Part 2 of that Schedule).
(5) Regulations may amend that Schedule so as to—
(a) add a ground of appeal;
(b) make provision about the interpretation or application of a ground so added;
(c) amend or remove a ground so added or provision so made.
(6) The period referred to in section 198(3), as it applies to a particular final letting notice, is extended by 28 days if a counter-notice is served in relation to the final letting notice.