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Planning Act 2008

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 The Infrastructure Planning Commission

    1. 1.The Infrastructure Planning Commission

    2. 2.Code of conduct

    3. 3.Register of Commissioners' interests

    4. 4.Fees

  3. Part 2 National policy statements

    1. 5.National policy statements

    2. 6.Review

    3. 7.Consultation and publicity

    4. 8.Consultation on publicity requirements

    5. 9.Parliamentary requirements

    6. 10.Sustainable development

    7. 11.Suspension pending review

    8. 12.Pre-commencement statements of policy, consultation etc.

    9. 13.Legal challenges relating to national policy statements

  4. Part 3 Nationally significant infrastructure projects

    1. General

      1. 14.Nationally significant infrastructure projects: general

    2. Energy

      1. 15.Generating stations

      2. 16.Electric lines

      3. 17.Underground gas storage facilities

      4. 18.LNG facilities

      5. 19.Gas reception facilities

      6. 20.Gas transporter pipe-lines

      7. 21.Other pipe-lines

    3. Transport

      1. 22.Highways

      2. 23.Airports

      3. 24.Harbour facilities

      4. 25.Railways

      5. 26.Rail freight interchanges

    4. Water

      1. 27.Dams and reservoirs

      2. 28.Transfer of water resources

    5. Waste water

      1. 29.Waste water treatment plants

    6. Waste

      1. 30.Hazardous waste facilities

  5. Part 4 Requirement for development consent

    1. 31.When development consent is required

    2. 32.Meaning of “development”

    3. 33.Effect of requirement for development consent on other consent regimes

    4. 34.Welsh offshore generating stations

    5. 35.Directions in relation to projects of national significance

    6. 36.Amendments consequential on development consent regime

  6. Part 5 Applications for orders granting development consent

    1. Chapter 1 Applications

      1. 37.Applications for orders granting development consent

      2. 38.Model provisions

      3. 39.Register of applications

      4. 40.Applications by the Crown for orders granting development consent

    2. Chapter 2 Pre-application procedure

      1. 41.Chapter applies before application is made

      2. 42.Duty to consult

      3. 43.Local authorities for purposes of section 42(b)

      4. 44.Categories for purposes of section 42(d)

      5. 45.Timetable for consultation under section 42

      6. 46.Duty to notify Commission of proposed application

      7. 47.Duty to consult local community

      8. 48.Duty to publicise

      9. 49.Duty to take account of responses to consultation and publicity

      10. 50.Guidance about pre-application procedure

    3. Chapter 3 Assistance for applicants and others

      1. 51.Advice for potential applicants and others

      2. 52.Obtaining information about interests in land

      3. 53.Rights of entry

      4. 54.Rights of entry: Crown land

  7. Part 6 Deciding applications for orders granting development consent

    1. Chapter 1 Handling of application by Commission

      1. 55.Acceptance of applications

      2. 56.Notifying persons of accepted application

      3. 57.Categories for purposes of section 56(2)(d)

      4. 58.Certifying compliance with section 56

      5. 59.Notice of persons interested in land to which compulsory acquisition request relates

      6. 60.Local impact reports

      7. 61.Initial choice of Panel or single Commissioner

      8. 62.Switching from single Commissioner to Panel

      9. 63.Delegation of functions by person appointed to chair Commission

    2. Chapter 2 The Panel procedure

      1. Panels

        1. 64.Panel for each application to be handled under this Chapter

        2. 65.Appointment of members, and lead member, of Panel

        3. 66.Ceasing to be member, or lead member, of Panel

        4. 67.Panel member continuing though ceasing to be Commissioner

        5. 68.Additional appointments to Panel

        6. 69.Replacement of lead member of Panel

        7. 70.Membership of Panel where application relates to land in Wales

        8. 71.Supplementary provision where Panel replaces single Commissioner

        9. 72.Panel ceasing to have any members

        10. 73.Consequences of changes in Panel

      2. Panel’s role in relation to application

        1. 74.Panel to decide, or make recommendation in respect of, application

        2. 75.Decision-making by the Panel

        3. 76.Allocation within Panel of Panel’s functions

        4. 77.Exercise of Panel’s powers for examining application

    3. Chapter 3 The single-Commissioner procedure

      1. The single Commissioner

        1. 78.Single Commissioner to handle application

        2. 79.Appointment of single Commissioner

        3. 80.Ceasing to be the single Commissioner

        4. 81.Single Commissioner continuing though ceasing to be Commissioner

        5. 82.Appointment of replacement single Commissioner

      2. Single Commissioner’s role in relation to application

        1. 83.Single Commissioner to examine and report on application

      3. Commission’s role in respect of application

        1. 84.Report from single Commissioner to be referred to Council

        2. 85.Decisions made by the Council on the application

    4. Chapter 4 Examination of applications under Chapter 2 or 3

      1. 86.Chapter applies to examination by Panel or single Commissioner

      2. 87.Examining authority to control examination of application

      3. 88.Initial assessment of issues, and preliminary meeting

      4. 89.Examining authority’s decisions about how application is to be examined

      5. 90.Written representations

      6. 91.Hearings about specific issues

      7. 92.Compulsory acquisition hearings

      8. 93.Open-floor hearings

      9. 94.Hearings: general provisions

      10. 95.Hearings: disruption, supervision and costs

      11. 96.Representations not made orally may be made in writing

      12. 97.Procedure rules

      13. 98.Timetable for examining, and reporting on, application

      14. 99.Completion of Examining authority’s examination of application

      15. 100.Assessors

      16. 101.Legal advice and assistance

      17. 102.Interpretation of Chapter 4: “interested party” and other expressions

    5. Chapter 5 Decisions on applications

      1. 103.Cases where Secretary of State is, and meaning of, decision-maker

      2. 104.Decisions of Panel and Council

      3. 105.Decisions of Secretary of State

      4. 106.Matters that may be disregarded when deciding application

      5. 107.Timetable for decisions

    6. Chapter 6 Suspension of decision-making process

      1. 108.Suspension during review of national policy statement

    7. Chapter 7 Intervention by Secretary of State

      1. 109.Intervention: significant change in circumstances

      2. 110.Intervention: defence and national security

      3. 111.Intervention: other circumstances

      4. 112.Power of Secretary of State to intervene

      5. 113.Effect of intervention

    8. Chapter 8 Grant or refusal

      1. 114.Grant or refusal of development consent

      2. 115.Development for which development consent may be granted

      3. 116.Reasons for decision to grant or refuse development consent

      4. 117.Orders granting development consent: formalities

    9. Chapter 9 Legal challenges

      1. 118.Legal challenges relating to applications for orders granting development consent

    10. Chapter 10 Correction of errors

      1. 119.Correction of errors in development consent decisions

  8. Part 7 Orders granting development consent

    1. Chapter 1 Content of orders

      1. General

        1. 120.What may be included in order granting development consent

        2. 121.Proposed exercise of powers in relation to legislation

      2. Compulsory acquisition

        1. 122.Purpose for which compulsory acquisition may be authorised

        2. 123.Land to which authorisation of compulsory acquisition can relate

        3. 124.Guidance about authorisation of compulsory acquisition

        4. 125.Application of compulsory acquisition provisions

        5. 126.Compensation for compulsory acquisition

        6. 127.Statutory undertakers' land

        7. 128.Local authority and statutory undertakers' land: general

        8. 129.Local authority and statutory undertakers' land: acquisition by public body

        9. 130.National Trust land

        10. 131.Commons, open spaces etc: compulsory acquisition of land

        11. 132.Commons, open spaces etc: compulsory acquisition of rights over land

        12. 133.Rights in connection with underground gas storage facilities

        13. 134.Notice of authorisation of compulsory acquisition

      3. Miscellaneous

        1. 135.Orders: Crown land

        2. 136.Public rights of way

        3. 137.Public rights of way: statutory undertakers' apparatus etc.

        4. 138.Extinguishment of rights, and removal of apparatus, of statutory undertakers etc.

        5. 139.Common land and rights of common

        6. 140.Operation of generating stations

        7. 141.Keeping electric lines installed above ground

        8. 142.Use of underground gas storage facilities

        9. 143.Diversion of watercourses

        10. 144.Highways

        11. 145.Harbours

        12. 146.Discharge of water

        13. 147.Development of Green Belt land

        14. 148.Deemed consent under section 34 of the Coast Protection Act 1949

        15. 149.Deemed licences under Part 2 of the Food and Environment Protection Act 1985

        16. 150.Removal of consent requirements

        17. 151.Liability under existing regimes

        18. 152.Compensation in case where no right to claim in nuisance

    2. Chapter 2 Changes to, and revocation of, orders

      1. 153.Changes to, and revocation of, orders granting development consent

    3. Chapter 3 General

      1. 154.Duration of order granting development consent

      2. 155.When development begins

      3. 156.Benefit of order granting development consent

      4. 157.Use of buildings in respect of which development consent granted

      5. 158.Nuisance: statutory authority

      6. 159.Interpretation: land and rights over land

  9. Part 8 Enforcement

    1. Offences

      1. 160.Development without development consent

      2. 161.Breach of terms of order granting development consent

      3. 162.Time limits

    2. Rights of entry

      1. 163.Right to enter without warrant

      2. 164.Right to enter under warrant

      3. 165.Rights of entry: supplementary provisions

      4. 166.Rights of entry: Crown land

    3. Information notices

      1. 167.Power to require information

      2. 168.Offences relating to information notices

    4. Notices of unauthorised development

      1. 169.Notice of unauthorised development

      2. 170.Execution of works required by notice of unauthorised development

    5. Injunctions

      1. 171.Injunctions

    6. Isles of Scilly

      1. 172.Isles of Scilly

    7. The relevant local planning authority

      1. 173.The relevant local planning authority

  10. Part 9 Changes to existing planning regimes

    1. Chapter 1 Changes related to development consent regime

      1. Planning obligations

        1. 174.Planning obligations

      2. Blighted land

        1. 175.Blighted land: England and Wales

        2. 176.Blighted land: Scotland

      3. Grants

        1. 177.Grants for advice and assistance: England and Wales

        2. 178.Grants for advice and assistance: Scotland

    2. Chapter 2 Other changes to existing planning regimes

      1. Regional functions

        1. 179.Delegation of functions of regional planning bodies

      2. Local development

        1. 180.Local development documents

      3. Climate change

        1. 181.Regional spatial strategies: climate change policies

        2. 182.Development plan documents: climate change policies

      4. Good design

        1. 183.Good design

      5. Correction of errors

        1. 184.Correction of errors in decisions

      6. Validity of strategies, plans and documents

        1. 185.Power of High Court to remit strategies, plans and documents

        2. 186.Power of High Court to remit unitary development plans in Wales

      7. Determination of applications

        1. 187.Power to decline to determine applications: amendments

      8. Planning permission

        1. 188.Local development orders: removal of requirement to implement policies

        2. 189.Compensation where development order or local development order withdrawn

        3. 190.Power to make non-material changes to planning permission

      9. Validity of planning decisions

        1. 191.Validity of orders, decisions and directions

      10. Trees

        1. 192.Tree preservation orders

        2. 193.Existing tree preservation orders: transitional provision

      11. Use of land

        1. 194.Use of land: power to override easements and other rights

      12. Statutory undertakers

        1. 195.Applications and appeals by statutory undertakers

      13. Determination of procedure

        1. 196.Determination of procedure for certain proceedings

      14. Appeals

        1. 197.Appeals: miscellaneous amendments

        2. 198.Appeals relating to old mining permissions

      15. Fees

        1. 199.Fees for planning applications

        2. 200.Fees for appeals

      16. Meaning of “local authority”

        1. 201.Meaning of “local authority” in planning Acts

  11. Part 10 Wales

    1. 202.Powers of National Assembly for Wales

    2. 203.Power to make provision in relation to Wales

    3. 204.Wales: transitional provision in relation to blighted land

  12. Part 11 Community Infrastructure Levy

    1. 205.The levy

    2. 206.The charge

    3. 207.Joint committees

    4. 208.Liability

    5. 209.Liability: interpretation of key terms

    6. 210.Charities

    7. 211.Amount

    8. 212.Charging schedule: examination

    9. 213.Charging schedule: approval

    10. 214.Charging schedule: effect

    11. 215.Appeals

    12. 216.Application

    13. 217.Collection

    14. 218.Enforcement

    15. 219.Compensation

    16. 220.Community Infrastructure Levy: procedure

    17. 221.Secretary of State

    18. 222.Regulations and orders: general

    19. 223.Relationship with other powers

    20. 224.Community Infrastructure Levy: amendments

    21. 225.Community Infrastructure Levy: repeals

  13. Part 12 Final provisions

    1. The Crown and Parliament

      1. 226.The Crown

      2. 227.“Crown land” and “the appropriate Crown authority”

      3. 228.Enforcement in relation to the Crown and Parliament

    2. Service of notices and other documents

      1. 229.Service of notices: general

      2. 230.Service of documents to persons interested in or occupying premises

      3. 231.Service of notices on the Crown and Parliament

    3. General

      1. 232.Orders and regulations

      2. 233.Directions

      3. 234.Abbreviated references to Acts

      4. 235.Interpretation

      5. 236.Application of Act to Scotland: modifications

      6. 237.Supplementary and consequential provision

      7. 238.Repeals

      8. 239.Financial provisions

      9. 240.Extent

      10. 241.Commencement

      11. 242.Short title

    1. Schedule 1

      The Infrastructure Planning Commission

    2. Schedule 2

      Amendments consequential on development consent regime

    3. Schedule 3

      Examination of applications by Secretary of State

    4. Schedule 4

      Correction of errors in development consent decisions

    5. Schedule 5

      Provision relating to, or to matters ancillary to, development

      1. Part 1 The matters

      2. Part 2 Interpretation

    6. Schedule 6

      Changes to, and revocation of, orders granting development consent

    7. Schedule 7

      Power to decline to determine applications: amendments

    8. Schedule 8

      Tree preservation orders: further amendments

    9. Schedule 9

      Use of land: power to override easements and other rights

    10. Schedule 10

      Further provisions as to the procedure for certain proceedings

    11. Schedule 11

      Appeals: miscellaneous amendments

    12. Schedule 12

      Application of Act to Scotland: modifications

    13. Schedule 13

      Repeals

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