Part 4Requirement for development consent

I135F1Directions in relation to projects of national significance

1

The Secretary of State may give a direction for development to be treated as development for which development consent is required.

This is subject to the following provisions of this section and section 35ZA.

2

The Secretary of State may give a direction under subsection (1) only if—

a

the development is or forms part of—

i

a project (or proposed project) in the field of energy, transport, water, waste water or waste, or

ii

a business or commercial project (or proposed project) of a prescribed description,

b

the development will (when completed) be wholly in one or more of the areas specified in subsection (3), and

c

the Secretary of State thinks the project (or proposed project) is of national significance, either by itself or when considered with—

i

in a case within paragraph (a)(i), one or more other projects (or proposed projects) in the same field;

ii

in a case within paragraph (a)(ii), one or more other business or commercial projects (or proposed projects) of a description prescribed under paragraph (a)(ii).

3

The areas are—

a

England or waters adjacent to England up to the seaward limits of the territorial sea;

b

in the case of a project for the carrying out of works in the field of energy, a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.

4

The Secretary of State may give a direction under subsection (1) only with the consent of the Mayor of London if—

a

all or part of the development is or will be in Greater London, and

b

the development is or forms part of a business or commercial project (or proposed project) of a description prescribed under subsection (2)(a)(ii).

5

Regulations under subsection (2)(a)(ii) may not prescribe a description of project which includes the construction of one or more dwellings.