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E+W+S+N.I.

Planning Act 2008

2008 CHAPTER 29

An Act to establish the Infrastructure Planning Commission and make provision about its functions; to make provision about, and about matters ancillary to, the authorisation of projects for the development of nationally significant infrastructure; to make provision about town and country planning; to make provision about the imposition of a Community Infrastructure Levy; and for connected purposes.

[26th November 2008]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1E+W+S[F1Infrastructure planning: fees]

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Amendments (Textual)

F1Words in Pt. 1 heading substituted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 3(5); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)

F21The Infrastructure Planning CommissionE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F22Code of conductE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F23Register of Commissioners' interestsE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

4FeesE+W+S

(1)The Secretary of State may make regulations providing for the [F3charging of fees by the Secretary of State in connection with the performance of any of the Secretary of State's major-infrastructure functions].

(2)Regulations under subsection (1) may in particular make provision—

(a)about when a fee (including a supplementary fee) may, and may not, be charged;

(b)about the amount which may be charged;

(c)about what may, and may not, be taken into account in calculating the amount charged;

(d)about who is liable to pay a fee charged;

(e)about when a fee charged is payable;

(f)about the recovery of fees charged;

(g)about waiver, reduction or repayment of fees;

(h)about the effect of paying or failing to pay fees charged;

(i)for the supply of information for any purpose of the regulations.

(3)The regulations may provide for the amounts of fees to be calculated by reference to costs [F4incurred by the Secretary of State]

(a)in the performance of any of [F5the Secretary of State's major-infrastructure functions], and

(b)in doing anything which is calculated to facilitate, or is conducive or incidental to, the performance of any of [F5the Secretary of State's major-infrastructure functions].

[F6(4) In this section “the Secretary of State's major-infrastructure functions” means—

(a)the Secretary of State's functions under Parts 2 to 8 and under Part 12 so far as applying for the purposes of those Parts,

(b)the giving of advice to which section 51 applies, and

(c)the Secretary of State's functions, in relation to proposed applications for orders granting development consent, under statutory provisions implementing—

(i)Council Directive 85/337/ EC on the assessment of the effects of certain public and private projects on the environment, as amended from time to time, or

(ii)provisions of an EU instrument which from time to time replace provisions of that Directive.

(5) In subsection (4)(c) “statutory provision” means a provision of an Act or of an instrument made under an Act. ]

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Amendments (Textual)

F3Words in s. 4(1) substituted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 3(2); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)

F4Words in s. 4(3) substituted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 3(3)(a); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)

F5Words in s. 4(3) substituted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 3(3)(b); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)

F6S. 4(4)(5) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 3(4); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)

Commencement Information

I1S. 4 in force at 1.10.2009 in so far as not already in force by S.I. 2009/2260, art. 2(a)

Part 2E+W+SNational policy statements

5National policy statementsE+W+S

(1)The Secretary of State may designate a statement as a national policy statement for the purposes of this Act if the statement—

(a)is issued by the Secretary of State, and

(b)sets out national policy in relation to one or more specified descriptions of development.

(2)In this Act “national policy statement” means a statement designated under subsection (1) as a national policy statement for the purposes of this Act.

(3)Before designating a statement as a national policy statement for the purposes of this Act the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the statement.

(4)A statement may be designated as a national policy statement for the purposes of this Act only if the consultation and publicity requirements set out in section 7, and the parliamentary requirements set out in section 9, have been complied with in relation to it [F7and—

(a)the consideration period for the statement has expired without the House of Commons resolving during that period that the statement should not be proceeded with, or

(b)the statement has been approved by resolution of the House of Commons—

(i)after being laid before Parliament under section 9(8), and

(ii)before the end of the consideration period.]

[F8(4A)In subsection (4) “the consideration period”, in relation to a statement, means the period of 21 sitting days beginning with the first sitting day after the day on which the statement is laid before Parliament under section 9(8), and here “sitting day” means a day on which the House of Commons sits.]

(5)The policy set out in a national policy statement may in particular—

(a)set out, in relation to a specified description of development, the amount, type or size of development of that description which is appropriate nationally or for a specified area;

(b)set out criteria to be applied in deciding whether a location is suitable (or potentially suitable) for a specified description of development;

(c)set out the relative weight to be given to specified criteria;

(d)identify one or more locations as suitable (or potentially suitable) or unsuitable for a specified description of development;

(e)identify one or more statutory undertakers as appropriate persons to carry out a specified description of development;

(f)set out circumstances in which it is appropriate for a specified type of action to be taken to mitigate the impact of a specified description of development.

(6)If a national policy statement sets out policy in relation to a particular description of development, the statement must set out criteria to be taken into account in the design of that description of development.

(7)A national policy statement must give reasons for the policy set out in the statement.

(8)The reasons must (in particular) include an explanation of how the policy set out in the statement takes account of Government policy relating to the mitigation of, and adaptation to, climate change.

(9)The Secretary of State must—

(a)arrange for the publication of a national policy statement, F9...

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In this section “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of TCPA 1990.

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Amendments (Textual)

F7Words in s. 5(4) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F8S. 5(4A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F9Word in s. 5(9)(a) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 20; S.I. 2012/628, art. 7(b)

Commencement Information

I2S. 5 in force at 6.4.2009 by S.I. 2009/400, art. 2

6ReviewE+W+S

(1)The Secretary of State must review each national policy statement whenever the Secretary of State thinks it appropriate to do so.

(2)A review may relate to all or part of a national policy statement.

(3)In deciding when to review a national policy statement the Secretary of State must consider whether—

(a)since the time when the statement was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the statement was decided,

(b)the change was not anticipated at that time, and

(c)if the change had been anticipated at that time, any of the policy set out in the statement would have been materially different.

(4)In deciding when to review part of a national policy statement (“the relevant part”) the Secretary of State must consider whether—

(a)since the time when the relevant part was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part was decided,

(b)the change was not anticipated at that time, and

(c)if the change had been anticipated at that time, any of the policy set out in the relevant part would have been materially different.

(5)After completing a review of all or part of a national policy statement the Secretary of State must do one of the following—

(a)amend the statement;

(b)withdraw the statement's designation as a national policy statement;

(c)leave the statement as it is.

(6)Before amending a national policy statement the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the proposed amendment.

(7)The Secretary of State may amend a national policy statement only if the consultation and publicity requirements set out in section 7, and the parliamentary requirements set out in section 9, have been complied with in relation to the proposed amendment [F11and—

(a)the consideration period for the amendment has expired without the House of Commons resolving during that period that the amendment should not be proceeded with, or

(b)the amendment has been approved by resolution of the House of Commons—

(i)after being laid before Parliament under section 9(8), and

(ii)before the end of the consideration period.]

[F12(7A)In subsection (7) “the consideration period”, in relation to an amendment, means the period of 21 sitting days beginning with the first sitting day after the day on which the amendment is laid before Parliament under section 9(8), and here “sitting day” means a day on which the House of Commons sits.]

(8)Subsections (6) [F13to (7A)] do not apply if the Secretary of State thinks that the proposed amendment (taken with any other proposed amendments) does not materially affect the policy as set out in the national policy statement.

(9)If the Secretary of State amends a national policy statement, the Secretary of State must—

(a)arrange for the amendment, or the statement as amended, to be published, and

(b)lay the amendment, or the statement as amended, before Parliament.

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Amendments (Textual)

F11Words in s. 6(7) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(5), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F12S. 6(7A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(6), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F13Words in s. 6(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(7), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I3S. 6 in force at 6.4.2009 by S.I. 2009/400, art. 2

[F146AInterpretation of sections 5(4) and 6(7)E+W+S

(1)This section applies for the purposes of section 5(4) and 6(7).

(2)The consultation and publicity requirements set out in section 7 are to be treated as having been complied with in relation to a statement or proposed amendment (“the final proposal”) if—

(a)they have been complied with in relation to a different statement or proposed amendment (“the earlier proposal”),

(b)the final proposal is a modified version of the earlier proposal, and

(c)the Secretary of State thinks that the modifications do not materially affect the policy as set out in the earlier proposal.

(3)The consultation and publicity requirements set out in section 7 are also to be treated as having been complied with in relation to a statement or proposed amendment (“the final proposal”) if—

(a)they have been complied with—

(i)in relation to a different statement or proposed amendment (“the earlier proposal”), and

(ii)in relation to modifications of the earlier proposal (“the main modifications”),

(b)the final proposal is a modified version of the earlier proposal, and

(c)there are no modifications other than the main modifications or, where the modifications include modifications other than the main modifications, the Secretary of State thinks that those other modifications do not materially affect the policy as set out in the earlier proposal modified by the main modifications.

(4)If section 9(8) has been complied with in relation to a statement or proposed amendment (“the final proposal”), the parliamentary requirements set out in section 9(2) to (7) are to be treated as having been complied with in relation to the final proposal where—

(a)the final proposal is not the same as what was laid under section 9(2), but

(b)those requirements have been complied with in relation to what was laid under section 9(2).

(5)Ignore any corrections of clerical or typographical errors in what was laid under section 9(8).

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Amendments (Textual)

F14Ss. 6A, 6B inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(8), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

6BExtension of consideration period under section 5(4A) or 6(7A)E+W+S

(1)The Secretary of State may—

(a)in relation to a proposed national policy statement, extend the period mentioned in section 5(4A), or

(b)in relation to a proposed amendment of a national policy statement, extend the period mentioned in section 6(7A),

by 21 sitting days or less.

(2)The Secretary of State does that by laying before the House of Commons a statement—

(a)indicating that the period is to be extended, and

(b)setting out the length of the extension.

(3)The statement under subsection (2) must be laid before the period would have expired without the extension.

(4)The Secretary of State must publish the statement under subsection (2) in a way the Secretary of State thinks appropriate.

(5)The period may be extended more than once.]

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Amendments (Textual)

F14Ss. 6A, 6B inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(8), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

7Consultation and publicityE+W+S

(1)This section sets out the consultation and publicity requirements referred to in sections 5(4) and 6(7).

(2)The Secretary of State must carry out such consultation, and arrange for such publicity, as the Secretary of State thinks appropriate in relation to the proposal.

This is subject to subsections (4) and (5).

(3)In this section “the proposal” means—

(a)the statement that the Secretary of State proposes to designate as a national policy statement for the purposes of this Act, or

(b)(as the case may be) the proposed amendment.

(4)The Secretary of State must consult such persons, and such descriptions of persons, as may be prescribed.

(5)If the policy set out in the proposal identifies one or more locations as suitable (or potentially suitable) for a specified description of development, the Secretary of State must ensure that appropriate steps are taken to publicise the proposal.

(6)The Secretary of State must have regard to the responses to the consultation and publicity in deciding whether to proceed with the proposal.

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Commencement Information

I4S. 7 partly in force; s. 7 in force for certain purposes at Royal Assent see s. 241

I5S. 7 in force at 6.4.2009 in so far as not already in force by S.I. 2009/400, art. 2

8Consultation on publicity requirementsE+W+S

(1)In deciding what steps are appropriate for the purposes of section 7(5), the Secretary of State must consult—

(a)each local authority that is within subsection (2)[F15, (3) or (3A)], and

(b)the Greater London Authority, if any of the locations concerned is in Greater London.

(2)A local authority is within this subsection if any of the locations concerned is in the authority's area.

(3)A local authority (“A”) is within this subsection if—

(a)any of the locations concerned is in the area of another local authority (“B”),

[F16(aa)B is a unitary council or a lower-tier district council,] and

(b)any part of the boundary of A's area is also a part of the boundary of B's area.

[F17(3A)If any of the locations concerned is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this subsection if—

(a)D is not a lower-tier district council, and

(b)any part of the boundary of D's area is also part of the boundary of C's area.]

(4)In this section “local authority” means—

(a)a county council, or district council, in England;

(b)a London borough council;

(c)the Common Council of the City of London;

(d)the Council of the Isles of Scilly;

(e)a county council, or county borough council, in Wales;

(f)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

(g)a National Park authority;

(h)the Broads Authority.

[F18(5)In this section—

  • lower-tier district council” means a district council in England for an area for which there is a county council;

  • unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

  • upper-tier county council” means a county council in England for each part of whose area there is a district council.]

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Amendments (Textual)

F15Words in s. 8(1)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(9), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F16S. 8(3)(aa) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(10), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I6S. 8 in force at 6.4.2009 by S.I. 2009/400, art. 2

9Parliamentary requirementsE+W+S

(1)This section sets out the parliamentary requirements referred to in sections 5(4) and 6(7).

(2)The Secretary of State must lay the proposal before Parliament.

(3)In this section “the proposal” means—

(a)the statement that the Secretary of State proposes to designate as a national policy statement for the purposes of this Act, or

(b)(as the case may be) the proposed amendment.

(4)Subsection (5) applies if, during the relevant period—

(a)either House of Parliament makes a resolution with regard to the proposal, or

(b)a committee of either House of Parliament makes recommendations with regard to the proposal.

(5)The Secretary of State must lay before Parliament a statement setting out the Secretary of State's response to the resolution or recommendations.

(6)The relevant period is the period specified by the Secretary of State in relation to the proposal.

(7)The Secretary of State must specify the relevant period in relation to the proposal on or before the day on which the proposal is laid before Parliament under subsection (2).

[F19(8)After the end of the relevant period, but not before the Secretary of State complies with subsection (5) if it applies, the Secretary of State must lay the proposal before Parliament.

(9)If after subsection (8) has been complied with—

(a)something other than what was laid under subsection (8) becomes the proposal, or

(b)what was laid under subsection (8) remains the proposal, or again becomes the proposal, despite the condition in section 5(4)(a) not having been met in relation to it,

subsection (8) must be complied with anew.

(10)For the purposes of subsection (9)(a) and (b) ignore any proposal to correct clerical or typographical errors in what was laid under subsection (8).]

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Amendments (Textual)

Commencement Information

I7S. 9 in force at 6.4.2009 by S.I. 2009/400, art. 2

10Sustainable developmentE+W+S

(1)This section applies to the Secretary of State's functions under sections 5 and 6.

(2)The Secretary of State must, in exercising those functions, do so with the objective of contributing to the achievement of sustainable development.

(3)For the purposes of subsection (2) the Secretary of State must (in particular) have regard to the desirability of—

(a)mitigating, and adapting to, climate change;

(b)achieving good design.

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Commencement Information

I8S. 10 in force at 6.4.2009 by S.I. 2009/400, art. 2

11Suspension pending reviewE+W+S

(1)This section applies if the Secretary of State thinks that the condition in subsection (2) or (3) is met.

(2)The condition is that—

(a)since the time when a national policy statement was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the statement was decided,

(b)the change was not anticipated at that time, and

(c)if the change had been anticipated at that time, any of the policy set out in the statement would have been materially different.

(3)The condition is that—

(a)since the time when part of a national policy statement (“the relevant part”) was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part was decided,

(b)the change was not anticipated at that time, and

(c)if the change had been anticipated at that time, any of the policy set out in the relevant part would have been materially different.

(4)The Secretary of State may suspend the operation of all or any part of the national policy statement until a review of the statement or the relevant part has been completed.

(5)If the Secretary of State does so, the designation as a national policy statement of the statement or (as the case may be) the part of the statement that has been suspended is treated as having been withdrawn until the day on which the Secretary of State complies with section 6(5) in relation to the review.

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Commencement Information

I9S. 11 in force at 6.4.2009 by S.I. 2009/400, art. 2

F2012Pre-commencement statements of policy, consultation etc.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

13Legal challenges relating to national policy statementsE+W

(1)A court may entertain proceedings for questioning a national policy statement or anything done, or omitted to be done, by the Secretary of State in the course of preparing such a statement only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed during the period of 6 weeks beginning with—

(i)the day on which the statement is designated as a national policy statement for the purposes of this Act, or

(ii)(if later) the day on which the statement is published.

(2)A court may entertain proceedings for questioning a decision of the Secretary of State not to carry out a review of all or part of a national policy statement only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed during the period of 6 weeks beginning with the day of the decision not to carry out the review.

(3)A court may entertain proceedings for questioning a decision of the Secretary of State to carry out a review of all or part of a national policy statement only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed during the period of 6 weeks beginning with the day on which the Secretary of State complies with section 6(5) in relation to the review concerned.

(4)A court may entertain proceedings for questioning anything done, or omitted to be done, by the Secretary of State in the course of carrying out a review of all or part of a national policy statement only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed during the period of 6 weeks beginning with the day on which the Secretary of State complies with section 6(5) in relation to the review concerned.

(5)A court may entertain proceedings for questioning anything done by the Secretary of State under section 6(5) after completing a review of all or part of a national policy statement only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed during the period of 6 weeks beginning with the day on which the thing concerned is done.

(6)A court may entertain proceedings for questioning a decision of the Secretary of State as to whether or not to suspend the operation of all or part of a national policy statement under section 11 only if—

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed during the period of 6 weeks beginning with the day of the decision.

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Commencement Information

I10S. 13 in force at 6.4.2009 by S.I. 2009/400, art. 3(a)

Part 3E+W+SNationally significant infrastructure projects

GeneralE+W+S

14Nationally significant infrastructure projects: generalE+W+S

(1)In this Act “nationally significant infrastructure project” means a project which consists of any of the following—

(a)the construction or extension of a generating station;

(b)the installation of an electric line above ground;

(c)development relating to underground gas storage facilities;

(d)the construction or alteration of an LNG facility;

(e)the construction or alteration of a gas reception facility;

(f)the construction of a pipe-line by a gas transporter;

(g)the construction of a pipe-line other than by a gas transporter;

(h)highway-related development;

(i)airport-related development;

(j)the construction or alteration of harbour facilities;

(k)the construction or alteration of a railway;

(l)the construction or alteration of a rail freight interchange;

(m)the construction or alteration of a dam or reservoir;

(n)development relating to the transfer of water resources;

(o)the construction or alteration of a waste water treatment plant;

(p)the construction or alteration of a hazardous waste facility.

(2)Subsection (1) is subject to sections 15 to 30.

(3)The Secretary of State may by order—

(a)amend subsection (1) to add a new type of project or vary or remove an existing type of project;

(b)make further provision, or amend or repeal existing provision, about the types of project which are, and are not, within subsection (1).

(4)An order under subsection (3)(b) may amend this Act.

(5)The power conferred by subsection (3) may be exercised to add a new type of project to subsection (1) only if—

(a)a project of the new type is a project for the carrying out of works in one or more of the fields specified in subsection (6), and

(b)the works are to be carried out wholly in one or more of the areas specified in subsection (7).

(6)The fields are—

(a)energy;

(b)transport;

(c)water;

(d)waste water;

(e)waste.

(7)The areas are—

(a)England;

(b)waters adjacent to England up to the seaward limits of the territorial sea;

(c)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.

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Commencement Information

I11S. 14 partly in force; s. 14 in force for certain purposes at Royal Assent see s. 241

I12S. 14(1)(a)-(l) (2)-(7) in force at 1.3.2010 by S.I. 2010/101, art. 3(a) (with art. 6)

I13S. 14(1)(o) in force at 6.4.2011 for E.W. by S.I. 2011/705, art. 2

I14S. 14(1)(p) in force at 1.10.2011 by S.I. 2011/2054, art. 2(a)

EnergyE+W+S

15Generating stationsE+W

(1)The construction or extension of a generating station is within section 14(1)(a) only if the generating station is or (when constructed or extended) is expected to be within subsection (2) or (3).

(2)A generating station is within this subsection if—

(a)it is in England or Wales,

(b)it is not an offshore generating station, and

(c)its capacity is more than 50 megawatts.

(3)A generating station is within this subsection if—

(a)it is an offshore generating station, and

(b)its capacity is more than 100 megawatts.

(4)An “offshore” generating station is a generating station that is—

(a)in waters in or adjacent to England or Wales up to the seaward limits of the territorial sea, or

(b)in a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.

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Commencement Information

I15S. 15 in force at 1.3.2010 by S.I. 2010/101, art. 4(a) (with art. 6)

16Electric linesE+W

(1)The installation of an electric line above ground is within section 14(1)(b) only if (when installed) the electric line will be—

(a)wholly in England,

(b)wholly in Wales,

(c)partly in England and partly in Wales, or

(d)partly in England and partly in Scotland, subject to subsection (2).

(2)In the case of an electric line falling within subsection (1)(d), the installation of the line above ground is within section 14(1)(b) only to the extent that (when installed) the line will be in England.

(3)The installation of an electric line above ground is not within section 14(1)(b)—

(a)if the nominal voltage of the line is expected to be less than 132 kilovolts, F21...

(b)to the extent that (when installed) the line will be within premises in the occupation or control of the person responsible for its installation [F22, or

(c) if section 37(1) of the Electricity Act 1989 (consent required for overhead lines) does not apply to it by virtue of the Overhead Lines (Exemption) (England and Wales) Regulations 2009 ( S.I. 2009/640 ), as amended by the Overhead Lines (Exempt Installations) (Consequential Provisions) Order 2010. ]

(4)Premises” includes any land, building or structure.

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Amendments (Textual)

Commencement Information

I16S. 16 in force at 1.3.2010 by S.I. 2010/101, art. 4(a) (with art. 6)

17Underground gas storage facilitiesE+W

(1)Development relating to underground gas storage facilities is within section 14(1)(c) only if the development is within subsection (2), (3) or (5).

(2)Development is within this subsection if—

(a)it is the carrying out of operations for the purpose of creating underground gas storage facilities in England, or

(b)it is starting to use underground gas storage facilities in England,

and the condition in subsection (4) is met in relation to the facilities.

(3)Development is within this subsection if—

(a)it is starting to use underground gas storage facilities in Wales,

(b)the facilities are facilities for the storage of gas underground in natural porous strata,

(c)the proposed developer is a gas transporter, and

(d)the condition in subsection (4) is met in relation to the facilities.

(4)The condition is that—

(a)the working capacity of the facilities is expected to be at least 43 million standard cubic metres, or

(b)the maximum flow rate of the facilities is expected to be at least 4.5 million standard cubic metres per day.

(5)Development is within this subsection if—

(a)it is the carrying out of operations for the purpose of altering underground gas storage facilities in England, and

(b)the effect of the alteration is expected to be—

(i)to increase by at least 43 million standard cubic metres the working capacity of the facilities, or

(ii)to increase by at least 4.5 million standard cubic metres per day the maximum flow rate of the facilities.

(6)Underground gas storage facilities” means facilities for the storage of gas underground in cavities or in porous strata.

(7)In this section—

  • maximum flow rate”, in relation to underground gas storage facilities, means the maximum rate at which gas is able to flow out of the facilities, on the assumption that—

    (a)

    the facilities are filled to maximum capacity, and

    (b)

    the rate is measured after any processing of gas required on its recovery from storage;

  • working capacity”, in relation to underground gas storage facilities, means the capacity of the facilities for storage of gas underground, ignoring any capacity for storage of cushion gas.

(8)In subsection (7) “cushion gas” means gas which is kept in underground gas storage facilities for the purpose of enabling other gas stored there to be recovered from storage.

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Commencement Information

I17S. 17 in force at 1.3.2010 by S.I. 2010/101, art. 4(a) (with art. 6)

18LNG facilitiesE+W

(1)The construction of an LNG facility is within section 14(1)(d) only if (when constructed) the facility will be in England and—

(a)the storage capacity of the facility is expected to be at least 43 million standard cubic metres, or

(b)the maximum flow rate of the facility is expected to be at least 4.5 million standard cubic metres per day.

(2)The alteration of an LNG facility is within section 14(1)(d) only if the facility is in England and the effect of the alteration is expected to be—

(a)to increase by at least 43 million standard cubic metres the storage capacity of the facility, or

(b)to increase by at least 4.5 million standard cubic metres per day the maximum flow rate of the facility.

(3)LNG facility” means a facility for—

(a)the reception of liquid natural gas from outside England,

(b)the storage of liquid natural gas, and

(c)the regasification of liquid natural gas.

(4)In this section—

  • maximum flow rate”, in relation to a facility, means the maximum rate at which gas is able to flow out of the facility, on the assumption that—

    (a)

    the facility is filled to maximum capacity, and

    (b)

    the rate is measured after regasification of the liquid natural gas and any other processing required on the recovery of the gas from storage;

  • storage capacity” means the capacity of the facility for storage of liquid natural gas.

(5)The storage capacity of an LNG facility is to be measured as if the gas were stored in regasified form.

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Commencement Information

I18S. 18 in force at 1.3.2010 by S.I. 2010/101, art. 4(a) (with art. 6)

19Gas reception facilitiesE+W

(1)The construction of a gas reception facility is within section 14(1)(e) only if (when constructed)—

(a)the facility will be in England and will be within subsection (4), and

(b)the maximum flow rate of the facility is expected to be at least 4.5 million standard cubic metres per day.

(2)The alteration of a gas reception facility is within section 14(1)(e) only if—

(a)the facility is in England and is within subsection (4), and

(b)the effect of the alteration is expected to be to increase by at least 4.5 million standard cubic metres per day the maximum flow rate of the facility.

(3)Gas reception facility” means a facility for—

(a)the reception of natural gas in gaseous form from outside England, and

(b)the handling of natural gas (other than its storage).

(4)A gas reception facility is within this subsection if—

(a)the gas handled by the facility does not originate in England, Wales or Scotland,

(b)the gas does not arrive at the facility from Scotland or Wales, and

(c)the gas has not already been handled at another facility after its arrival in England.

(5)Maximum flow rate” means the maximum rate at which gas is able to flow out of the facility.

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Commencement Information

I19S. 19 in force at 1.3.2010 by S.I. 2010/101, art. 4(a) (with art. 6)

20Gas transporter pipe-linesE+W

(1)The construction of a pipe-line by a gas transporter is within section 14(1)(f) only if (when constructed) each of the conditions in subsections (2) to (5) is expected to be met in relation to the pipe-line.

(2)The pipe-line must be wholly or partly in England.

(3)Either—

(a)the pipe-line must be more than 800 millimetres in diameter and more than 40 kilometres in length, or

(b)the construction of the pipe-line must be likely to have a significant effect on the environment.

(4)The pipe-line must have a design operating pressure of more than 7 bar gauge.

(5)The pipe-line must convey gas for supply (directly or indirectly) to at least 50,000 customers, or potential customers, of one or more gas suppliers.

(6)In the case of a pipe-line that (when constructed) will be only partly in England, the construction of the pipe-line is within section 14(1)(f) only to the extent that the pipe-line will (when constructed) be in England.

(7)Gas supplier” has the same meaning as in Part 1 of the Gas Act 1986 (c. 44) (see section 7A(11) of that Act).

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Commencement Information

I20S. 20 in force at 1.3.2010 by S.I. 2010/101, art. 4(a) (with art. 6)

21Other pipe-linesE+W+S

(1)The construction of a pipe-line other than by a gas transporter is within section 14(1)(g) only if (when constructed) the pipe-line is expected to be—

(a)a cross-country pipe-line,

(b)a pipe-line the construction of which would (but for section 33(1) of this Act) require authorisation under section 1(1) of the Pipe-lines Act 1962 (c. 58) (cross-country pipe-lines not to be constructed without authorisation), and

(c)within subsection (2).

(2)A pipe-line is within this subsection if one end of it is in England or Wales and—

(a)the other end of it is in England or Wales, or

(b)it is an oil or gas pipe-line and the other end of it is in Scotland.

(3)For the purposes of section 14(1)(g) and the previous provisions of this section, the construction of a diversion to a pipe-line is treated as the construction of a separate pipe-line.

(4)But if—

(a)the pipe-line to be diverted is itself a nationally significant pipe-line, and

(b)the length of the pipe-line which is to be diverted has not been constructed,

the construction of the diversion is treated as the construction of a cross-country pipe-line, whatever the length of the diversion.

(5)For the purposes of subsection (4), a pipe-line is a nationally significant pipe-line if—

(a)development consent is required for its construction by virtue of section 14(1)(g), and has been granted, or

(b)its construction has been authorised by a pipe-line construction authorisation under section 1(1) of the Pipe-lines Act 1962 (c. 58).

(6)Diversion” means a lateral diversion of a length of a pipe-line (whether or not that pipe-line has been constructed) where the diversion is beyond the permitted limits.

(7)The permitted limits are the limits of lateral diversion permitted by any of the following granted in respect of the construction of the pipe-line—

(a)development consent;

(b)authorisation under the Pipe-lines Act 1962;

(c)planning permission.

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Commencement Information

I21S. 21 in force at 1.3.2010 by S.I. 2010/101, art. 3(b) (with art. 6)

TransportE+W

22HighwaysE+W

(1)Highway-related development is within section 14(1)(h) only if the development is—

(a)construction of a highway in a case within subsection (2),

(b)improvement of a highway in a case within subsection (3), or

(c)alteration of a highway in a case within subsection (4).

(2)Construction of a highway is within this subsection only if the highway will (when constructed) be wholly in England and—

(a)the Secretary of State will be the highway authority for the highway, or

(b)the highway is to be constructed for a purpose connected with a highway for which the Secretary of State is (or will be) the highway authority.

(3)Improvement of a highway is within this subsection only if—

(a)the highway is wholly in England,

(b)the Secretary of State is the highway authority for the highway, and

(c)the improvement is likely to have a significant effect on the environment.

(4)Alteration of a highway is within this subsection only if—

(a)the highway is wholly in England,

(b)the alteration is to be carried out by or on behalf of the Secretary of State, and

(c)the highway is to be altered for a purpose connected with a highway for which the Secretary of State is (or will be) the highway authority.

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Commencement Information

I22S. 22 in force at 1.3.2010 by S.I. 2010/101, art. 4(b) (with art. 6)

23AirportsE+W

(1)Airport-related development is within section 14(1)(i) only if the development is—

(a)the construction of an airport in a case within subsection (2),

(b)the alteration of an airport in a case within subsection (4), or

(c)an increase in the permitted use of an airport in a case within subsection (7).

(2)Construction of an airport is within this subsection only if (when constructed) the airport—

(a)will be in England or in English waters, and

(b)is expected to be capable of providing services which meet the requirements of subsection (3).

(3)Services meet the requirements of this subsection if they are—

(a)air passenger transport services for at least 10 million passengers per year, or

(b)air cargo transport services for at least 10,000 air transport movements of cargo aircraft per year.

(4)Alteration of an airport is within this subsection only if—

(a)the airport is in England or in English waters, and

(b)the alteration is expected to have the effect specified in subsection (5).

(5)The effect is—

(a)to increase by at least 10 million per year the number of passengers for whom the airport is capable of providing air passenger transport services, or

(b)to increase by at least 10,000 per year the number of air transport movements of cargo aircraft for which the airport is capable of providing air cargo transport services.

(6)Alteration”, in relation to an airport, includes the construction, extension or alteration of—

(a)a runway at the airport,

(b)a building at the airport, or

(c)a radar or radio mast, antenna or other apparatus at the airport.

(7)An increase in the permitted use of an airport is within this subsection only if—

(a)the airport is in England or in English waters, and

(b)the increase is within subsection (8).

(8)An increase is within this subsection if—

(a)it is an increase of at least 10 million per year in the number of passengers for whom the airport is permitted to provide air passenger transport services, or

(b)it is an increase of at least 10,000 per year in the number of air transport movements of cargo aircraft for which the airport is permitted to provide air cargo transport services.

(9)In this section—

  • air cargo transport services” means services for the carriage by air of cargo;

  • air passenger transport services” means services for the carriage by air of passengers;

  • air transport movement” means a landing or take-off of an aircraft;

  • cargo” includes mail;

  • cargo aircraft” means an aircraft which is—

    (a)

    designed to transport cargo but not passengers, and

    (b)

    engaged in the transport of cargo on commercial terms;

  • English waters” means waters adjacent to England up to the seaward limits of the territorial sea;

  • permitted” means permitted by planning permission or development consent.

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Commencement Information

I23S. 23 in force at 1.3.2010 by S.I. 2010/101, art. 4(b) (with art. 6)

24Harbour facilitiesE+W

(1)The construction of harbour facilities is within section 14(1)(j) only if (when constructed) the harbour facilities—

(a)will be in England or Wales or in waters adjacent to England or Wales up to the seaward limits of the territorial sea, and

(b)are expected to be capable of handling the embarkation or disembarkation of at least the relevant quantity of material per year.

(2)The alteration of harbour facilities is within section 14(1)(j) only if—

(a)the harbour facilities are in England or Wales or in waters adjacent to England or Wales up to the seaward limits of the territorial sea, and

(b)the effect of the alteration is expected to be to increase by at least the relevant quantity per year the quantity of material the embarkation or disembarkation of which the facilities are capable of handling.

(3)“The relevant quantity” is—

(a)in the case of facilities for container ships, 500,000 TEU;

(b)in the case of facilities for ro-ro ships, 250,000 units;

(c)in the case of facilities for cargo ships of any other description, 5 million tonnes;

(d)in the case of facilities for more than one of the types of ships mentioned in paragraphs (a) to (c), an equivalent quantity of material.

(4)For the purposes of subsection (3)(d), facilities are capable of handling an equivalent quantity of material if the sum of the relevant fractions is one or more.

(5)The relevant fractions are—

(a)to the extent that the facilities are for container ships—

where x is the number of TEU that the facilities are capable of handling;

(b)to the extent that the facilities are for ro-ro ships—

where y is the number of units that the facilities are capable of handling;

(c)to the extent that the facilities are for cargo ships of any other description—

where z is the number of tonnes of material that the facilities are capable of handling.

(6)In this section—

  • cargo ship” means a ship which is used for carrying cargo;

  • container ship” means a cargo ship which carries all or most of its cargo in containers;

  • ro-ro ship” means a ship which is used for carrying wheeled cargo;

  • TEU” means a twenty-foot equivalent unit;

  • unit” in relation to a ro-ro ship means any item of wheeled cargo (whether or not self-propelled).

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Commencement Information

I24S. 24 in force at 1.3.2010 by S.I. 2010/101, art. 4(b) (with art. 6)

25RailwaysE+W

(1)Construction of a railway is within section 14(1)(k) only if—

(a)the railway will (when constructed) be wholly in England,

(b)the railway will (when constructed) be part of a network operated by an approved operator, and

(c)the construction of the railway is not permitted development.

(2)Alteration of a railway is within section 14(1)(k) only if—

(a)the part of the railway to be altered is wholly in England,

(b)the railway is part of a network operated by an approved operator, and

(c)the alteration of the railway is not permitted development.

(3)Construction or alteration of a railway is not within section 14(1)(k) to the extent that the railway forms part (or will when constructed form part) of a rail freight interchange.

(4)Approved operator” means a person who meets the conditions in subsections (5) and (6).

(5)The condition is that the person must be—

(a)a person who is authorised to be the operator of a network by a licence granted under section 8 of the Railways Act 1993 (c. 43) (licences for operation of railway assets), or

(b)a wholly-owned subsidiary of a company which is such a person.

(6)The condition is that the person is designated, or is of a description designated, in an order made by the Secretary of State.

(7)In this section—

  • network” has the meaning given by section 83(1) of the Railways Act 1993 (c. 43);

  • permitted development” means development in relation to which planning permission is granted by article 3 of the Town and Country Planning (General Permitted Development) Order 1995;

  • wholly-owned subsidiary” has the same meaning as in the Companies Act 2006 (c. 46) (see section 1159 of that Act).

(8)The reference in subsection (7) to the Town and Country Planning (General Permitted Development) Order 1995 is to that Order as it has effect immediately before the day on which this section comes fully into force.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25S. 25 partly in force; s. 25 in force for certain purposes at Royal Assent see s. 241

I26S. 25 in force at 1.3.2010 by S.I. 2010/101, art. 4(b) (with art. 6)

26Rail freight interchangesE+W

(1)The construction of a rail freight interchange is within section 14(1)(l) only if (when constructed) each of the conditions in subsections (3) to (7) is expected to be met in relation to it.

(2)The alteration of a rail freight interchange is within section 14(1)(l) only if—

(a)following the alteration, each of the conditions in subsections (3)(a) and (4) to (7) is expected to be met in relation to it, and

(b)the alteration is expected to have the effect specified in subsection (8).

(3)The land on which the rail freight interchange is situated must—

(a)be in England, and

(b)be at least 60 hectares in area.

(4)The rail freight interchange must be capable of handling—

(a)consignments of goods from more than one consignor and to more than one consignee, and

(b)at least 4 goods trains per day.

(5)The rail freight interchange must be part of the railway network in England.

(6)The rail freight interchange must include warehouses to which goods can be delivered from the railway network in England either directly or by means of another form of transport.

(7)The rail freight interchange must not be part of a military establishment.

(8)The effect referred to in subsection (2)(b) is to increase by at least 60 hectares the area of the land on which the rail freight interchange is situated.

(9)In this section—

  • goods train” means a train that (ignoring any locomotive) consists of items of rolling stock designed to carry goods;

  • military establishment” means an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.

(10)The following terms have the meanings given by section 83(1) of the Railways Act 1993—

  • “network”;

  • “rolling stock”;

  • “train”.

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Commencement Information

I27S. 26 in force at 1.3.2010 by S.I. 2010/101, art. 4(b) (with art. 6)

Prospective

WaterE+W

27Dams and reservoirsE+W

(1)The construction of a dam or reservoir is within section 14(1)(m) only if—

(a)the dam or reservoir (when constructed) will be in England,

(b)the construction will be carried out by one or more water undertakers, and

(c)the volume of water to be held back by the dam or stored in the reservoir is expected to exceed 10 million cubic metres.

(2)The alteration of a dam or reservoir is within section 14(1)(m) only if—

(a)the dam or reservoir is in England,

(b)the alteration will be carried out by one or more water undertakers, and

(c)the additional volume of water to be held back by the dam or stored in the reservoir as a result of the alteration is expected to exceed 10 million cubic metres.

(3)Water undertaker” means a company appointed as a water undertaker under the Water Industry Act 1991 (c. 56).

28Transfer of water resourcesE+W

(1)Development relating to the transfer of water resources is within section 14(1)(n) only if—

(a)the development will be carried out in England by one or more water undertakers,

(b)the volume of water to be transferred as a result of the development is expected to exceed 100 million cubic metres per year,

(c)the development will enable the transfer of water resources—

(i)between river basins in England,

(ii)between water undertakers' areas in England, or

(iii)between a river basin in England and a water undertaker's area in England, and

(d)the development does not relate to the transfer of drinking water.

(2)In this section—

  • river basin” means an area of land drained by a river and its tributaries;

  • water undertaker” means a company appointed as a water undertaker under the Water Industry Act 1991;

  • water undertaker's area” means the area for which a water undertaker is appointed under that Act.

Waste waterE+W

29Waste water treatment plantsE+W

(1)The construction of a waste water treatment plant is within section 14(1)(o) only if the treatment plant (when constructed)—

(a)will be in England, and

(b)is expected to have a capacity exceeding a population equivalent of 500,000.

(2)The alteration of a waste water treatment plant is within section 14(1)(o) only if—

(a)the treatment plant is in England, and

(b)the effect of the alteration is expected to be to increase by more than a population equivalent of 500,000 the capacity of the plant.

(3)Waste water” includes domestic waste water, industrial waste water and urban waste water.

(4)The following terms have the meanings given by regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/2841)—

  • “domestic waste water”;

  • “industrial waste water”;

  • “population equivalent”;

  • “urban waste water”.

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Commencement Information

I28S. 29 in force at 6.4.2011 by S.I. 2011/705, art. 2

WasteE+W

30Hazardous waste facilitiesE+W

(1)The construction of a hazardous waste facility is within section 14(1)(p) only if—

(a)the facility (when constructed) will be in England,

(b)the main purpose of the facility is expected to be the final disposal or recovery of hazardous waste, and

(c)the facility is expected to have the capacity specified in subsection (2).

(2)The capacity is—

(a)in the case of the disposal of hazardous waste by landfill or in a deep storage facility, more than 100,000 tonnes per year;

(b)in any other case, more than 30,000 tonnes per year.

(3)The alteration of a hazardous waste facility is within section 14(1)(p) only if—

(a)the facility is in England,

(b)the main purpose of the facility is the final disposal or recovery of hazardous waste, and

(c)the alteration is expected to have the effect specified in subsection (4).

(4)The effect is—

(a)in the case of the disposal of hazardous waste by landfill or in a deep storage facility, to increase by more than 100,000 tonnes per year the capacity of the facility;

(b)in any other case, to increase by more than 30,000 tonnes per year the capacity of the facility.

(5)The following terms have the same meanings as in the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894) (see regulation 5 of those regulations)—

  • “disposal”;

  • “hazardous waste”;

  • “recovery”.

(6)Deep storage facility” means a facility for the storage of waste underground in a deep geological cavity.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29S. 30 in force at 1.10.2011 by S.I. 2011/2054, art. 2(a)

Part 4E+W+SRequirement for development consent

31When development consent is requiredE+W+S

Consent under this Act (“development consent”) is required for development to the extent that the development is or forms part of a nationally significant infrastructure project.

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Commencement Information

I30S. 31 in force at 1.3.2010 by S.I. 2010/101, art. 3(c) (with art. 6)

32Meaning of “development”E+W+S

(1)In this Act (except in Part 11) “development” has the same meaning as it has in TCPA 1990.

This is subject to subsections (2) and (3).

(2)For the purposes of this Act (except Part 11)—

(a)the conversion of a generating station with a view to its being fuelled by crude liquid petroleum, a petroleum product or natural gas is treated as a material change in the use of the generating station;

(b)starting to use a cavity or strata for the underground storage of gas is treated as a material change in the use of the cavity or strata;

(c)an increase in the permitted use of an airport is treated as a material change in the use of the airport.

(3)For the purposes of this Act (except Part 11) the following works are taken to be development (to the extent that they would not be otherwise)—

(a)works for the demolition of a listed building or its alteration or extension in a manner which would affect its character as a building of special architectural or historic interest;

(b)demolition of a building in a conservation area;

(c)works resulting in the demolition or destruction of or any damage to a scheduled monument;

(d)works for the purpose of removing or repairing a scheduled monument or any part of it;

(e)works for the purpose of making any alterations or additions to a scheduled monument;

(f)flooding or tipping operations on land in, on or under which there is a scheduled monument.

(4)In this section—

  • conservation area” has the meaning given by section 91(1) of the Listed Buildings Act;

  • flooding operations” has the meaning given by section 61(1) of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46);

  • listed building” has the meaning given by section 1(5) of the Listed Buildings Act;

  • permitted” means permitted by planning permission or development consent;

  • petroleum products” has the meaning given by section 21 of the Energy Act 1976 (c. 76);

  • scheduled monument” has the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46);

  • tipping operations” has the meaning given by section 61(1) of that Act.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I31S. 32 in force at 1.3.2010 by S.I. 2010/101, art. 3(c) (with art. 6)

33Effect of requirement for development consent on other consent regimesE+W+S

(1)To the extent that development consent is required for development, none of the following is required to be obtained for the development or given in relation to it—

(a)planning permission;

(b)consent under section 10(1), 11(1) or 12(1) of the Green Belt (London and Home Counties) Act 1938 (c. xciii) (erection of buildings and construction of sewer main pipes, watercourses and electric lines etc. on Green Belt land);

(c)a pipe-line construction authorisation under section 1(1) of the Pipe-lines Act 1962 (c. 58) (authorisation for construction of cross-country pipe-lines);

(d)authorisation by an order under section 4(1) of the Gas Act 1965 (c. 36) (storage of gas in underground strata);

(e)notice under section 14(1) of the Energy Act 1976 (conversion of generating station from one fuel to another);

(f)to the extent that the development relates to land in England, consent under section 2(3) or 3 of the Ancient Monuments and Archaeological Areas Act 1979;

(g)to the extent that the development relates to land in England, notice under section 35 of the Ancient Monuments and Archaeological Areas Act 1979;

(h)consent under section 36 or 37 of the Electricity Act 1989 (c. 29) (construction etc. of generating stations and installation of overhead lines);

(i)to the extent that the development relates to land in England, consent under section 8(1), (2) or (3) of the Listed Buildings Act;

(j)to the extent that the development relates to land in England, consent under section 74(1) of the Listed Buildings Act.

(2)To the extent that development consent is required for development, the development may not be authorised by any of the following—

(a)an order under section 14 or 16 of the Harbours Act 1964 (c. 40) (orders in relation to harbours, docks and wharves);

(b)an order under section 4(1) of the Gas Act 1965 (order authorising storage of gas in underground strata);

(c)an order under section 1 or 3 of the Transport and Works Act 1992 (c. 42) (orders as to railways, tramways, inland waterways etc.).

(3)Subsection (2) is subject to section 34.

(4)If development consent is required for the construction, improvement or alteration of a highway, none of the following may be made or confirmed in relation to the highway or in connection with the construction, improvement or alteration of the highway—

(a)an order under section 10 of the Highways Act 1980 (c. 66) (general provisions as to trunk roads) directing that the highway should become a trunk road;

(b)an order under section 14 of that Act (supplementary orders relating to trunk roads and classified roads);

(c)a scheme under section 16 of that Act (schemes authorising the provision of special roads);

(d)an order under section 18 of that Act (supplementary orders relating to special roads);

(e)an order or scheme under section 106 of that Act (orders and schemes providing for construction of bridges over or tunnels under navigable waters);

(f)an order under section 108 or 110 of that Act (orders authorising the diversion of navigable and non-navigable watercourses);

(g)an order under section 6 of the New Roads and Street Works Act 1991 (c. 22) (toll orders).

[F23(5)The Secretary of State may by order—

(a)amend subsection (1) or (2)—

(i)to add or remove a type of consent, or

(ii)to vary the cases in relation to which a type of consent is within that subsection;

(b)make further provision, or amend or repeal provision, about—

(i)the types of consent that are, and are not, within subsection (1) or (2), or

(ii)the cases in relation to which a type of consent is, or is not, within either of those subsections.

(6)In this section “consent” means—

(a)a consent or authorisation that is required, under legislation, to be obtained for development,

(b)a consent, or authorisation, that—

(i)may authorise development, and

(ii)is given under legislation, or

(c)a notice that is required by legislation to be given in relation to development.

(7)In subsection (6) “legislation” means an Act or an instrument made under an Act.

(8)An order under subsection (5) may not affect—

(a)a requirement for a devolved consent to be obtained for, or given in relation to, development, or

(b)whether development may be authorised by a devolved consent.

(9)A consent is “devolved” for the purposes of subsection (8) if—

(a)provision for the consent would be within the legislative competence of the National Assembly for Wales if the provision were contained in an Act of the Assembly,

(b)provision for the consent is, or could be, made by the Welsh Ministers in an instrument made under an Act,

(c)the consent is not within subsection (6)(c) and the Welsh Ministers have a power or duty—

(i)to decide, or give directions as to how to decide, whether the consent is given,

(ii)to decide, or give directions as to how to decide, some or all of the terms on which the consent is given, or

(iii)to revoke or vary the consent, or

(d)the consent is within subsection (6)(c) and the notice has to be given to the Welsh Ministers or otherwise brought to their attention.

(10)An order under subsection (5)(b) may amend this Act.]

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Amendments (Textual)

Commencement Information

I32S. 33 in force at 1.3.2010 by S.I. 2010/101, art. 3(c) (with art. 6)

34Welsh offshore generating stationsE+W+S

(1)Section 33(2) does not prevent an order under section 3 of the Transport and Works Act 1992 (c. 42) from authorising the carrying out of works consisting of the construction or extension of a generating station that is or (when constructed or extended) will be a Welsh offshore generating station.

(2)A “Welsh offshore generating station” is a generating station that is in waters in or adjacent to Wales up to the seaward limits of the territorial sea.

(3)If, by virtue of subsection (1), an order under section 3 of the Transport and Works Act 1992 authorises the carrying out of any works, development consent is treated as not being required for the carrying out of those works.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33S. 34 in force at 1.3.2010 by S.I. 2010/101, art. 3(c) (with art. 6)

35Directions in relation to projects of national significanceE+W+S

(1)This section applies if—

F24(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F25... development is or forms part of a project[F26, or proposed project,] in a field specified in subsection (2),

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

(d)the Secretary of State thinks that the project is of national significance, either by itself or when considered with one or more other projects or proposed projects in the same field.

(2)The fields are—

(a)energy;

(b)transport;

(c)water;

(d)waste water;

(e)waste.

(3)The areas are—

(a)England;

(b)waters adjacent to England up to the seaward limits of the territorial sea;

(c)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.

[F27(4)The Secretary of State may direct the development to be treated as development for which development consent is required.

(4A)If no relevant application has been made, the power under subsection (4) is exercisable only in response to a qualifying request.

(4B)If the Secretary of State gives a direction under subsection (4), the Secretary of State may—

(a)if a relevant application has been made, direct the application to be treated as an application for an order granting development consent;

(b)if a person proposes to make a relevant application, direct the proposed application to be treated as a proposed application for development consent.

(4C)A direction under subsection (4) or (4B) may be given so as to apply for specified purposes or generally.]

(5)A direction under [F28subsection (4B)] may provide for specified provisions of or made under this or any other Act—

(a)to have effect in relation to the application[F29, or proposed application,] with any specified modifications, or

(b)to be treated as having been complied with in relation to the application [F30or proposed application].

(6)If the Secretary of State gives a direction under [F31subsection (4B)], the relevant authority must refer the application[F32, or proposed application,] to the [F33Secretary of State] instead of dealing with it themselves.

(7)If the Secretary of State is considering whether to give a direction under [F34subsection (4B)], the Secretary of State may direct the relevant authority to take no further action in relation to the application[F35, or proposed application,] until the Secretary of State has decided whether to give the direction.

(8)The Secretary of State may require [F36an authority within subsection (8A)] to provide any information required by the Secretary of State for the purpose of enabling the Secretary of State to decide—

(a)whether to give a direction under subsection (4), and

(b)the terms in which a direction under subsection (4) should be given.

[F37(8A)An authority is within this subsection if a relevant application has been, or may be, made to it.]

(9)If the Secretary of State decides to give a direction under subsection (4), the Secretary of State must give reasons for the decision.

[F38(10)In this section—

  • qualifying request” means a written request, for a direction under subsection (4) or (4B), that—

    (a)

    specifies the development to which it relates, and

    (b)

    explains why the conditions in subsection (1)(b) and (c) are met in relation to the development;

  • relevant application” means an application, relating to the development, for a consent or authorisation mentioned in section 33(1) or (2);

  • “relevant authority”—

    (a)

    in relation to a relevant application that has been made, means the authority to which the application was made, and

    (b)

    in relation to a relevant application that a person proposes to make, means the authority to which the person proposes to make the application.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F25Word in s. 35(1)(b) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(2)(b)(i), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/628, art. 7

F26Words in s. 35(1)(b) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(2)(b)(ii), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F27S. 35(4)-(4C) substituted for s. 35(4) (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F28Words in s. 35(5) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(4)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F29Words in s. 35(5)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(4)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F30Words in s. 35(5)(b) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(4)(c), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F31Words in s. 35(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(5)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F32Words in s. 35(6) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(5)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F33Words in s. 35(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 4; S.I. 2012/628, art. 7(a)

F34Words in s. 35(7) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(6)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F35Words in s. 35(7) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(6)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F36Words in s. 35(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(7), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F37S. 35(8A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(8), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F38S. 35(10) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(9), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I34S. 35 in force at 1.3.2010 by S.I. 2010/101, art. 3(c) (with art. 6)

[F3935ATimetable for deciding request for direction under section 35E+W+S

(1)This section applies if the Secretary of State receives a qualifying request from a person (“R”).

(2)The Secretary of State must make a decision on the qualifying request before the primary deadline, subject to subsection (3).

(3)Subsection (2) does not apply if, before the primary deadline, the Secretary of State asks R to provide the Secretary of State with information for the purpose of enabling the Secretary of State to decide—

(a)whether to give the direction requested, and

(b)the terms in which it should be given.

(4)If R—

(a)is asked under subsection (3) to provide information, and

(b)provides the information sought within the period of 14 days beginning with the day on which R is asked to do so,

the Secretary of State must make a decision on the qualifying request before the end of the period of 28 days beginning with the day the Secretary of State receives the information.

(5)In this section—

  • the primary deadline” means the end of the period of 28 days beginning with the day on which the Secretary of State receives the qualifying request;

  • qualifying request” has the meaning given by section 35(10).]

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Amendments (Textual)

36Amendments consequential on development consent regimeE+W+S

Schedule 2 makes amendments consequential on the development consent regime.

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Commencement Information

I35S. 36 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)

Part 5E+W+SApplications for orders granting development consent

Chapter 1E+W+SApplications

37Applications for orders granting development consentE+W+S

(1)An order granting development consent may be made only if an application is made for it.

(2)An application for an order granting development consent must be made to the [F40Secretary of State].

(3)An application for an order granting development consent must[F41, so far as necessary to secure that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory ]

(a)specify the development to which it relates,

(b)be made in the prescribed form,

(c)be accompanied by the consultation report, and

(d)be accompanied by documents and information of a prescribed description.

(4)The [F40Secretary of State] may give guidance about how the requirements under subsection (3) are to be complied with.

(5)The [F40Secretary of State] may set standards for—

(a)the preparation of a document required by subsection (3)(d);

(b)the coverage in such a document of a matter falling to be dealt with in it;

(c)all or any of the collection, sources, verification, processing and presentation of information required by subsection (3)(d).

(6)The [F40Secretary of State] must publish, in such manner as [F42the Secretary of State] thinks appropriate, any guidance given under subsection (4) and any standards set under subsection (5).

(7)In subsection (3)(c) “the consultation report” means a report giving details of—

(a)what has been done in compliance with sections 42, 47 and 48 in relation to a proposed application that has become the application,

(b)any relevant responses, and

(c)the account taken of any relevant responses.

(8)In subsection (7) “relevant response” has the meaning given by section 49(3).

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Amendments (Textual)

F41Words in s. 37(3) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(5), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F42Words in s. 37(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 5(3); S.I. 2012/628, art. 7(a)

Commencement Information

I36S. 37 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

F4338Model provisionsE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

39Register of applicationsE+W+S

(1)The [F44Secretary of State] is to maintain a register of applications received by [F45the Secretary of State] for orders granting development consent (“the register”).

(2)Where the [F44Secretary of State] receives an application for an order granting development consent, [F46the Secretary of State] must cause details of the application to be entered in the register.

(3)The [F44Secretary of State] must publish the register or make arrangements for inspection of the register by the public.

(4)The [F44Secretary of State] must make arrangements for inspection by the public of—

(a)applications received by the [F44Secretary of State] for orders granting development consent,

(b)consultation reports received by the [F44Secretary of State] under section 37(3)(c), and

(c)accompanying documents and information received by the [F44Secretary of State] under section 37(3)(d).

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Amendments (Textual)

Commencement Information

I37S. 39 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

40Applications by the Crown for orders granting development consentE+W+S

(1)This section applies to an application for an order granting development consent made by or on behalf of the Crown.

(2)The Secretary of State may by regulations modify or exclude any statutory provision relating to—

(a)the procedure to be followed before such an application is made;

(b)the making of such an application;

(c)the decision-making process for such an application.

(3)A statutory provision is a provision contained in or having effect under this Act or any other enactment.

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Commencement Information

I38S. 40 in force at 1.10.2009 in so far as not already in force by S.I. 2009/2260, art. 2(b)

Chapter 2E+W+SPre-application procedure

41Chapter applies before application is madeE+W+S

(1)This Chapter applies where a person (“the applicant”) proposes to make an application for an order granting development consent.

(2)In the following provisions of this Chapter—

  • the proposed application” means the proposed application mentioned in subsection (1);

  • the land” means the land to which the proposed application relates or any part of that land;

  • the proposed development” means the development for which the proposed application (if made) would seek development consent.

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Commencement Information

I39S. 41 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

42Duty to consultE+W+S

[F47(1)]The applicant must consult the following about the proposed application—

(a)such persons as may be prescribed,

[F48(aa)the Marine Management Organisation, in any case where the proposed development would affect, or would be likely to affect, any of the areas specified in subsection (2),]

(b)each local authority that is within section 43,

(c)the Greater London Authority if the land is in Greater London, and

(d)each person who is within one or more of the categories set out in section 44.

[F49(2)The areas are—

(a)waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.]

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Amendments (Textual)

F47S. 42(1): s. 42 renumbered as s. 42(1) (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(2)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 6

Commencement Information

I40S. 42 partly in force; s. 42 in force for certain purposes at Royal Assent see s. 241

I41S. 42 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

43[F50Local authorities for purposes of section 42(1)(b)]E+W+S

(1)A local authority is within this section if the land is in the authority's area.

(2)A local authority (“A”) is within this section if—

(a)the land is in the area of another local authority (“B”),

[F51(aa)B is a unitary council or a lower-tier district council,] and

(b)any part of the boundary of A's area is also a part of the boundary of B's area.

[F52(2A)If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—

(a)D is not a lower-tier district council, and

(b)any part of the boundary of D's area is also part of the boundary of C's area.]

[F53(3)In this section—

  • local authority” means—

    (a)

    a county council, or district council, in England;

    (b)

    a London borough council;

    (c)

    the Common Council of the City of London;

    (d)

    the Council of the Isles of Scilly;

    (e)

    a county council, or county borough council, in Wales;

    (f)

    a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

    (g)

    a National Park authority;

    (h)

    the Broads Authority;

  • lower-tier district council” means a district council in England for an area for which there is a county council;

  • unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

  • upper-tier county council” means a county council in England for each part of whose area there is a district council.]

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Amendments (Textual)

F51S. 43(2)(aa) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 133(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F52S. 43(2A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 133(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F53S. 43(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 133(4), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I42S. 43 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

44[F54Categories for purposes of section 42(1)(d)]E+W+S

(1)A person is within Category 1 if the applicant, after making diligent inquiry, knows that the person is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land.

(2)A person is within Category 2 if the applicant, after making diligent inquiry, knows that the person—

(a)is interested in the land, or

(b)has power—

(i)to sell and convey the land, or

(ii)to release the land.

(3)An expression, other than “the land”, that appears in subsection (2) of this section and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has in subsection (2) the meaning that it has in section 5(1) of that Act.

(4)A person is within Category 3 if the applicant thinks that, if the order sought by the proposed application were to be made and fully implemented, the person would or might be entitled—

(a)as a result of the implementing of the order,

(b)as a result of the order having been implemented, or

(c)as a result of use of the land once the order has been implemented,

to make a relevant claim.

This is subject to subsection (5).

(5)A person is within Category 3 only if the person is known to the applicant after making diligent inquiry.

(6)In subsection (4) “relevant claim” means—

(a)a claim under section 10 of the Compulsory Purchase Act 1965 (c. 56) (compensation where satisfaction not made for the taking, or injurious affection, of land subject to compulsory purchase);

(b)a claim under Part 1 of the Land Compensation Act 1973 (c. 26) (compensation for depreciation of land value by physical factors caused by use of public works)[F55;

(c)a claim under section 152(3)].

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Amendments (Textual)

F55S. 44(6)(c) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(8), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I43S. 44 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

45Timetable for consultation under section 42E+W+S

(1)The applicant must, when consulting a person under section 42, notify the person of the deadline for the receipt by the applicant of the person's response to the consultation.

(2)A deadline notified under subsection (1) must not be earlier than the end of the period of 28 days that begins with the day after the day on which the person receives the consultation documents.

(3)In subsection (2) “the consultation documents” means the documents supplied to the person by the applicant for the purpose of consulting the person.

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Commencement Information

I44S. 45 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

46Duty to notify [F56Secretary of State] of proposed applicationE+W+S

(1)The applicant must supply the [F57Secretary of State] with such information in relation to the proposed application as the applicant would supply to the [F57Secretary of State] for the purpose of complying with section 42 if the applicant were required by that section to consult the [F57Secretary of State] about the proposed application.

(2)The applicant must comply with subsection (1) on or before commencing consultation under section 42.

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Amendments (Textual)

Commencement Information

I45S. 46 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

47Duty to consult local communityE+W+S

(1)The applicant must prepare a statement setting out how the applicant proposes to consult, about the proposed application, people living in the vicinity of the land.

(2)Before preparing the statement, the applicant must consult each local authority that is within section 43(1) about what is to be in the statement.

(3)The deadline for the receipt by the applicant of a local authority's response to consultation under subsection (2) is the end of the period of 28 days that begins with the day after the day on which the local authority receives the consultation documents.

(4)In subsection (3) “the consultation documents” means the documents supplied to the local authority by the applicant for the purpose of consulting the local authority under subsection (2).

(5)In preparing the statement, the applicant must have regard to any response to consultation under subsection (2) that is received by the applicant before the deadline imposed by subsection (3).

(6)Once the applicant has prepared the statement, the applicant [F58must—

(za)make the statement available for inspection by the public in a way that is reasonably convenient for people living in the vicinity of the land,]

(a)[F59publish,] in a newspaper circulating in the vicinity of the land[F60, a notice stating where and when the statement can be inspected], and

(b)[F61publish the statement in such manner] as may be prescribed.

(7)The applicant must carry out consultation in accordance with the proposals set out in the statement.

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Amendments (Textual)

F58Words in s. 47(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F59Word in s. 47(6)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(b)(i), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F60Words in s. 47(6)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(b)(ii), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F61Words in s. 47(6)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(c), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I46S. 47 partly in force; s. 47 in force for certain purposes at Royal Assent see s. 241

I47S. 47 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

48Duty to publiciseE+W+S

(1)The applicant must publicise the proposed application in the prescribed manner.

(2)Regulations made for the purposes of subsection (1) must, in particular, make provision for publicity under subsection (1) to include a deadline for receipt by the applicant of responses to the publicity.

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Commencement Information

I48S. 48 partly in force; s. 48 in force for certain purposes at Royal Assent see s. 241

I49S. 48 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

49Duty to take account of responses to consultation and publicityE+W+S

(1)Subsection (2) applies where the applicant—

(a)has complied with sections 42, 47 and 48, and

(b)proposes to go ahead with making an application for an order granting development consent (whether or not in the same terms as the proposed application).

(2)The applicant must, when deciding whether the application that the applicant is actually to make should be in the same terms as the proposed application, have regard to any relevant responses.

(3)In subsection (2) “relevant response” means—

(a)a response from a person consulted under section 42 that is received by the applicant before the deadline imposed by section 45 in that person's case,

(b)a response to consultation under section 47(7) that is received by the applicant before any applicable deadline imposed in accordance with the statement prepared under section 47, or

(c)a response to publicity under section 48 that is received by the applicant before the deadline imposed in accordance with section 48(2) in relation to that publicity.

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Commencement Information

I50S. 49 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

50Guidance about pre-application procedureE+W+S

(1)Guidance may be issued about how to comply with the requirements of this Chapter.

(2)Guidance under this section may be issued by F62... the Secretary of State.

(3)The applicant must have regard to any guidance under this section.

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Amendments (Textual)

Commencement Information

I51S. 50 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

Chapter 3E+W+SAssistance for applicants and others

51Advice for potential applicants and othersE+W+S

(1)[F63This section applies to advice] about—

(a)applying for an order granting development consent;

(b)making representations about an application, or a proposed application, for such an order.

[F64(3)The Secretary of State may by regulations make provision about the giving of advice to which this section applies.

(4)In particular, regulations under subsection (3) may make provision that has the effect that—

(a)a request for advice made by an applicant, potential applicant or other person, or

(b)advice given to an applicant, potential applicant or other person,

must be, or may be, disclosed by the Secretary of State to other persons or to the public generally.]

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Amendments (Textual)

F63Words in s. 51(1) substituted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 10(2); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)

F64S. 51(3)(4) substituted for (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 10(3); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)

Commencement Information

I52S. 51 partly in force; s. 51 in force for certain purposes at Royal Assent see s. 241

I53S. 51 in force at 1.10.2009 in so far as not already in force by S.I. 2009/2260, art. 2(b)

52Obtaining information about interests in landE+W+S

(1)Where a person is applying, or proposes to apply, for an order granting development consent, [F65subsections (2) and (2A) apply] for the purpose of enabling the person (“the applicant”) to comply with provisions of, or made under, Chapter 2 of this Part or Chapter 1 of Part 6.

(2)The [F66Secretary of State] may authorise the applicant to serve a notice on a person mentioned in subsection (3) requiring the person (“the recipient”) to give to the applicant in writing the name and address of any person the recipient believes is one or more of the following—

(a)an owner, lessee, tenant (whatever the tenancy period) or occupier of the land;

(b)a person interested in the land;

(c)a person having power—

(i)to sell and convey the land, or

(ii)to release the land.

[F67(2A)The Secretary of State may authorise the applicant to serve a notice on a person mentioned in subsection (3) requiring the person (“the recipient”) to give to the applicant in writing the name and address of any person the recipient believes is a person who, if the order sought by the application or proposed application were to be made and fully implemented, would or might be entitled—

(a)as a result of the implementing of the order,

(b)as a result of the order having been implemented, or

(c)as a result of the use of the land once the order has been implemented,

to make a relevant claim.]

(3)The persons are—

(a)an occupier of the land;

(b)a person who has an interest in the land as freeholder, mortgagee or lessee;

(c)a person who directly or indirectly receives rent for the land;

(d)a person who, in pursuance of an agreement between that person and a person interested in the land, is authorised to manage the land or to arrange for the letting of it.

(4)A notice under subsection (2) [F68or (2A)] must—

(a)be in writing,

(b)state that the [F69Secretary of State] has authorised the applicant to serve the notice,

(c)specify or describe the land to which the application, or proposed application, relates,

(d)specify the deadline by which the recipient must give the required information to the applicant, and

(e)draw attention to the provisions in subsections (6) to (9).

(5)A deadline specified under subsection (4)(d) in a notice must not be earlier than the end of the 14 days beginning with the day after the day on which the notice is served on the recipient of the notice.

[F70(5A)A notice under subsection (2A) must explain the circumstances in which a person would or might be entitled as mentioned in that subsection.]

(6)A person commits an offence if the person fails without reasonable excuse to comply with a notice under subsection (2) [F71or (2A)] served on the person.

(7)A person commits an offence if, in response to a notice under subsection (2) [F71or (2A)] served on the person—

(a)the person gives information which is false in a material particular, and

(b)when the person does so, the person knows or ought reasonably to know that the information is false.

(8)If an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)a director, manager, secretary or other similar officer of the body,

(b)a person purporting to act in any such capacity, or

(c)in a case where the affairs of the body are managed by its members, a member of the body,

that person, as well as the body, is guilty of that offence and liable to be proceeded against accordingly.

(9)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(10)In subsections [F72(2) to (3)]the land” means—

(a)the land to which the application, or proposed application, relates, or

(b)any part of that land.

(11)Any other expression that appears in either of paragraphs (b) and (c) of subsection (2) and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has in those paragraphs the meaning that it has in section 5(1) of that Act.

[F73(12)In subsection (3) as it applies for the purposes of subsection (2A) “the land” also includes any relevant affected land (see subsection (13)).

(13)Where the applicant believes that, if the order sought by the application or proposed application were to be made and fully implemented, there would or might be persons entitled—

(a)as a result of the implementing of the order,

(b)as a result of the order having been implemented, or

(c)as a result of the use of the land once the order has been implemented,

to make a relevant claim in respect of any land or in respect of an interest in any land, that land is “relevant affected land” for the purposes of subsection (12).

(14)In this section “relevant claim” means—

(a)a claim under section 10 of the Compulsory Purchase Act 1965 (compensation where satisfaction not made for compulsory purchase of land or not made for injurious affection resulting from compulsory purchase);

(b)a claim under Part 1 of the Land Compensation Act 1973 (compensation for depreciation of land value by physical factors caused by use of public works);

(c)a claim under section 152(3).]

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Amendments (Textual)

F65Words in s. 52(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F66Words in s. 52(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 11; S.I. 2012/628, art. 7(a)

F67S. 52(2A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F68Words in s. 52(4) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(4), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F69Words in s. 52(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 11; S.I. 2012/628, art. 7(a)

F70S. 52(5A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(5), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F71Words in s. 52(6)(7) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(4), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F72Words in s. 52(10) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(6), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F73S. 52(12)-(14) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(7), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I54S. 52 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

53Rights of entryE+W+S

(1)Any person duly authorised in writing by the [F74Secretary of State] may at any reasonable time enter any land for the purpose of surveying and taking levels of it[F75, or in order to facilitate compliance with the provisions mentioned in subsection (1A),] in connection with—

(a)an application for an order granting development consent, whether in relation to that or any other land, that has been accepted by the [F74Secretary of State],

(b)a proposed application for an order granting development consent, or

(c)an order granting development consent that includes provision authorising the compulsory acquisition of that land or of an interest in it or right over it.

[F76(1A)Those provisions are any provision of or made under an Act for the purpose of implementing—

(a)Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended from time to time,

(b)Council Directive 92/43/EC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended from time to time, or

(c)any EU instrument from time to time replacing all or any part of either of those Directives.]

(2)Authorisation may be given by the [F77Secretary of State] under subsection (1)(b) in relation to any land only if it appears to the [F77Secretary of State] that—

(a)the proposed applicant is considering a distinct project of real substance genuinely requiring entry onto the land,

F78(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Subject to subsections (9) and (10), power conferred by subsection (1) to survey land includes power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals or other matter in it.

[F79(3A)Power conferred by subsection (1) for the purpose of complying with the provisions mentioned in subsection (1A) includes power to take, and process, samples of or from any of the following found on, in or over the land—

(a)water,

(b)air,

(c)soil or rock,

(d)its flora,

(e)bodily excretions, or dead bodies, of non-human creatures, or

(f)any non-living thing present as a result of human action.]

(4)A person authorised under subsection (1) to enter any land—

(a)must, if so required, produce evidence of the person's authority, and state the purpose of the person's entry, before so entering,

(b)may not demand admission as of right to any land which is occupied unless 14 days' notice of the intended entry has been given to the occupier, and

(c)must comply with any other conditions subject to which the [F80Secretary of State's] authorisation is given.

(5)A person commits an offence if the person wilfully obstructs a person acting in the exercise of power under subsection (1).

(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7)Where any damage is caused to land or chattels—

(a)in the exercise of a right of entry conferred under subsection (1), or

(b)in the making of any survey for the purpose of which any such right of entry has been conferred,

compensation may be recovered by any person suffering the damage from the person exercising the right of entry.

(8)Any question of disputed compensation under subsection (7) must be referred to and determined by the [F81Upper Tribunal].

(9)No person may carry out under subsection (1) any works authorised by virtue of subsection (3) unless notice of the person's intention to do so was included in the notice required by subsection (4)(b).

(10)The authority of the appropriate Minister is required for the carrying out under subsection (1) of works authorised by virtue of subsection (3) if—

(a)the land in question is held by statutory undertakers, and

(b)they object to the proposed works on the ground that execution of the works would be seriously detrimental to the carrying-on of their undertaking.

(11)In subsection (10)—

  • the appropriate Minister” means—

    (a)

    in the case of land in Wales held by water or sewerage undertakers, the Welsh Ministers, and

    (b)

    in any other case, the Secretary of State;

  • statutory undertakers” means persons who are, or who are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of TCPA 1990.

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Amendments (Textual)

F74Words in s. 53(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 12(2); S.I. 2012/628, art. 7(a)

F75Words in s. 53(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 136(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F76S. 53(1A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 136(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F77Words in s. 53(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 12(2); S.I. 2012/628, art. 7(a)

F78S. 53(2)(b)(c) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 136(4), 240(2), Sch. 25 Pt. 20 (with s. 144); S.I. 2012/628, art. 7

F79S. 53(3A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 136(5), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F80Words in s. 53(4)(c) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 12(3); S.I. 2012/628, art. 7(a)

Commencement Information

I55S. 53 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

54Rights of entry: Crown landE+W+S

(1)Subsections (1) [F82to (3A)] of section 53 apply to Crown land subject to subsections (2) and (3) of this section.

(2)A person must not enter Crown land unless the person (“P”) has the permission of—

(a)a person appearing to P to be entitled to give it, or

(b)the appropriate Crown authority.

(3)In section 53(3), the words “Subject to subsections (9) and (10)” must be ignored.

(4)Subsections (4) to (6) and (9) to (11) of section 53 do not apply to anything done by virtue of subsections (1) to (3) of this section.

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Amendments (Textual)

Commencement Information

I56S. 54 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)

Part 6E+W+SDeciding applications for orders granting development consent

Chapter 1E+W+SHandling of application by Commission

55Acceptance of applicationsE+W+S

(1)The following provisions of this section apply where the [F83Secretary of State] receives an application that purports to be an application for an order granting development consent.

(2)The [F83Secretary of State] must, by the end of the period of 28 days beginning with the day after the day on which [F84the Secretary of State] receives the application, decide whether or not to accept the application.

(3)The [F83Secretary of State] may accept the application only if the [F83Secretary of State] concludes—

(a)that it is an application for an order granting development consent,

F85(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)that development consent is required for any of the development to which the application relates,

F86(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)that the applicant has, in relation to a proposed application that has become the application, complied with Chapter 2 of Part 5 (pre-application procedure)[F87, and

(f)that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory.]

(4)The [F83Secretary of State], when deciding whether [F88the Secretary of State] may reach the conclusion in subsection (3)(e), must have regard to—

(a)the consultation report received under section 37(3)(c),

(b)any adequacy of consultation representation received by [F88the Secretary of State] from a local authority consultee, and

(c)the extent to which the applicant has had regard to any guidance issued under section 50.

(5)In subsection (4)—

  • local authority consultee” means—

    (a)

    a local authority consulted under [F89section 42(1)(b) ] about a proposed application that has become the application, or

    (b)

    the Greater London Authority if consulted under [F90section 42(1)(c)] about that proposed application;

  • adequacy of consultation representation” means a representation about whether the applicant complied, in relation to that proposed application, with the applicant's duties under sections 42, 47 and 48.

[F91(5A)The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(f), must have regard to the extent to which—

(a)the application complies with the requirements in section 37(3) (form and contents of application) and any standards set under section 37(5), and

(b)any applicable guidance given under section 37(4) has been followed in relation to the application.]

(6)If the [F83Secretary of State] accepts the application, [F92the Secretary of State] must notify the applicant of the acceptance.

(7)If the [F83Secretary of State] is of the view that [F93the application cannot be accepted, the Secretary of State] must—

(a)notify that view to the applicant, and

(b)notify the applicant of [F94the Secretary of State's] reasons for that view.

(8)If in response the applicant modifies (or further modifies) the application, subsections (2) to (7) then apply in relation to the application as modified.

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Amendments (Textual)

F84Words in s. 55(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(3); S.I. 2012/628, art. 7(a)

F87S. 55(3)(f) and preceding word inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F88Words in s. 55(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(3); S.I. 2012/628, art. 7(a)

F91S. 55(5A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(4), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F92Words in s. 55(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(3); S.I. 2012/628, art. 7(a)

F94Words in s. 55(7)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(4)(b); S.I. 2012/628, art. 7(a)

Commencement Information

I57S. 55 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

56Notifying persons of accepted applicationE+W+S

(1)Subsections (2), (6) and (7) apply where the [F95Secretary of State] accepts an application for an order granting development consent.

(2)The applicant must give notice of the application to—

(a)such persons as may be prescribed,

[F96(aa)the Marine Management Organisation, in any case where the development for which the application seeks development consent would involve the carrying on of any activity in one or more of the areas specified in subsection (2A),]

[F97(b)each local authority that is within section 56A,]

(c)the Greater London Authority if the land to which the application relates, or any part of it, is in Greater London, and

(d)each person who is within one or more of the categories set out in section 57.

[F98(2A)The areas are—

(a)waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.]

(3)Notice under subsection (2) must be in such form and contain such matter, and be given in such manner, as may be prescribed.

(4)The applicant must, when giving notice to a person under subsection (2), notify the person of the deadline for receipt by the [F95Secretary of State] of representations giving notice of the person's interest in, or objection to, the application.

(5)A deadline notified under subsection (4) must not be earlier than the end of the period of 28 days that begins with the day after the day on which the person receives the notice.

(6)The applicant must make available, to each person to whom notice is given under subsection (2), a copy of—

(a)the application, and

(b)the documents and information that were required by section 37(3)(d) to accompany the application.

(7)The applicant must publicise the application in the prescribed manner.

(8)Regulations made for the purposes of subsection (7) must, in particular, make provision for publicity under subsection (7) to include a deadline for receipt by the [F95Secretary of State] of representations giving notice of persons' interests in, or objections to, the application.

(9)A deadline specified in accordance with subsection (8) does not apply to a person to whom notice is given under subsection (2).

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Amendments (Textual)

F97S. 56(2)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I58S. 56 partly in force; s. 56 in force for certain purposes at Royal Assent see s. 241

I59S. 56 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)

[F9956ALocal authorities for the purposes of sections 56(2)(b) and 60(2)(a)E+W+S

(1)A local authority is within this section if the land is in the authority's area.

(2)A local authority (“A”) is within this section if—

(a)the land is in the area of another local authority (“B”),

(b)B is a unitary council or a lower-tier district council, and

(c)any part of the boundary of A's area is also a part of the boundary of B's area.

(3)If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—

(a)D is not a lower-tier district council, and

(b)any part of the boundary of D's area is also part of the boundary of C's area.

(4)In this section—

  • the land” means the land to which the application concerned relates or any part of that land;

  • local authority” has the meaning given in section 102(8);

  • lower-tier district council” means a district council in England for an area for which there is a county council;

  • unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

  • upper-tier county council” means a county council in England for each part of whose area there is a district council.]

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Amendments (Textual)

57Categories for purposes of section 56(2)(d)E+W+S

(1)A person is within Category 1 if the applicant, after making diligent inquiry, knows that the person is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land.

(2)A person is within Category 2 if the applicant, after making diligent inquiry, knows that the person—

(a)is interested in the land, or

(b)has power—

(i)to sell and convey the land, or

(ii)to release the land.

(3)An expression, other than “the land”, that appears in subsection (2) of this section and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has in subsection (2) the meaning that it has in section 5(1) of that Act.

(4)A person is within Category 3 if the applicant thinks that, if the order sought by the application were to be made and fully implemented, the person would or might be entitled—

(a)as a result of the implementing of the order,

(b)as a result of the order having been implemented, or

(c)as a result of use of the land once the order has been implemented,

to make a relevant claim.

This is subject to subsection (5).

(5)A person is within Category 3 only if the person is known to the applicant after making diligent inquiry.

(6)In subsection (4) “relevant claim” means—

(a)a claim under section 10 of the Compulsory Purchase Act 1965 (compensation where satisfaction not made for the taking, or injurious affection, of land subject to compulsory purchase);

(b)a claim under Part 1 of the Land Compensation Act 1973 (c. 26) (compensation for depreciation of land value by physical factors caused by use of public works)[F100;

(c)a claim under section 152(3).]

(7)In this section “the land” means the land to which the application relates or any part of that land.

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Amendments (Textual)

F100S. 57(6)(c) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(9), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I60S. 57 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)

58Certifying compliance with section 56E+W+S

(1)Subsection (2) applies where—

(a)the [F101Secretary of State] has accepted an application for an order granting development consent, and

(b)the applicant has complied with section 56 in relation to the application.

(2)The applicant must, in such form and manner as may be prescribed, certify to the [F102Secretary of State] that the applicant has complied with section 56 in relation to the application.

(3)A person commits an offence if the person issues a certificate which—

(a)purports to be a certificate under subsection (2), and

(b)contains a statement which the person knows to be false or misleading in a material particular.

(4)A person commits an offence if the person recklessly issues a certificate which—

(a)purports to be a certificate under subsection (2), and

(b)contains a statement which is false or misleading in a material particular.

(5)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6)A magistrates' court may try an information relating to an offence under this section whenever laid.

(7)Section 127 of the Magistrates' Courts Act 1980 (c. 43) has effect subject to subsection (6) of this section.

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Amendments (Textual)

Commencement Information

I61S. 58 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)

59Notice of persons interested in land to which compulsory acquisition request relatesE+W+S

(1)This section applies where—

(a)the [F103Secretary of State] has accepted an application for an order granting development consent, and

(b)the application includes a request for an order granting development consent to authorise compulsory acquisition of land or of an interest in or right over land (a “compulsory acquisition request”).

(2)The applicant must give to the [F104Secretary of State] a notice specifying the names, and such other information as may be prescribed, of each affected person.

(3)Notice under subsection (2) must be given in such form and manner as may be prescribed.

(4)A person is an “affected person” for the purposes of this section if the applicant, after making diligent inquiry, knows that the person is interested in the land to which the compulsory acquisition request relates or any part of that land.

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Amendments (Textual)

Commencement Information

I62S. 59 partly in force; s. 59 in force for certain purposes at Royal Assent see s. 241

I63S. 59 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)

60Local impact reportsE+W+S

(1)Subsection (2) applies where the [F105Secretary of State]

(a)has accepted an application for an order granting development consent, and

(b)has received—

(i)a certificate under section 58(2) in relation to the application, and

(ii)where section 59 applies, a notice under that section in relation to the application.

(2)The [F105Secretary of State] must give notice in writing to each of the following, inviting them to submit a local impact report [F106to the Secretary of State]

[F107(a)each local authority that is within section 56A, and]

(b)the Greater London Authority if the land to which the application relates, or any part of it, is in Greater London.

(3)A “local impact report” is a report in writing giving details of the likely impact of the proposed development on the authority's area (or any part of that area).

(4)“The proposed development” is the development for which the application seeks development consent.

(5)A notice under subsection (2) must specify the deadline for receipt by the [F105Secretary of State] of the local impact report.

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Amendments (Textual)

Commencement Information

I64S. 60 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

61Initial choice of Panel or single [F108appointed person] E+W+S

(1)Subsection (2) applies where the [F109Secretary of State]

(a)has accepted an application for an order granting development consent, and

(b)has received—

(i)a certificate under section 58(2) in relation to the application, and

(ii)where section 59 applies, a notice under that section in relation to the application.

[F110(2)The Secretary of State must decide whether the application—

(a)is to be handled by a Panel under Chapter 2, or

(b)is to be handled by a single appointed person under Chapter 3.

(3)The Secretary of State must publish the criteria that are to be applied in making decisions under subsection (2).]

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Amendments (Textual)

F108Words in s. 61 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 18(4); S.I. 2012/628, art. 7(a)

F110S. 61(2)(3) substituted for s. 61(2)-(5) (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 18(3); S.I. 2012/628, art. 7(a)

Commencement Information

I65S. 61 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

62Switching from single [F111appointed person] to PanelE+W+S

(1)Subsection (2) applies where an application for an order granting development consent is being handled by a single [F112appointed person] under Chapter 3.

[F113(2)The Secretary of State may decide that the application should instead be handled by a Panel under Chapter 2.

(3)The Secretary of State must publish the criteria that are to be applied in making decisions under subsection (2).]

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Amendments (Textual)

F111Words in s. 62 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 19(2); S.I. 2012/628, art. 7(a)

F113S. 62(2)(3) substituted for s. 62(2)-(5) (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 19(1)(3); S.I. 2012/628, art. 7(a)

Commencement Information

I66S. 62 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

F11463Delegation of functions by person appointed to chair CommissionE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Chapter 2E+W+SThe Panel procedure

PanelsE+W+S

64Panel for each application to be handled under this ChapterE+W+S

(1)This Chapter applies where—

(a)the [F115Secretary of State] accepts an application for an order granting development consent, and

(b)under section 61(2) or 62(2), it is decided that the application is to be handled by a Panel under this Chapter.

(2)There is to be a Panel (referred to in this Chapter as “the Panel”) to handle the application.

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Amendments (Textual)

Commencement Information

I67S. 64 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

65Appointment of members, and lead member, of PanelE+W+S

[F116(1)The Secretary of State must appoint—

(a)three, four or five persons to be members of the Panel, and

(b)one of those persons to chair the Panel.]

(2)In this Chapter “the lead member” means the person who for the time being is appointed to chair the Panel.

F117(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I68S. 65 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

66Ceasing to be member, or lead member, of PanelE+W+S

F118(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The person appointed to be the lead member ceases to hold that office if the person ceases to be a member of the Panel.

(3)A person may resign from membership of the Panel by giving notice in writing to the [F119Secretary of State].

(4)The lead member may resign that office, without also resigning from membership of the Panel, by giving notice in writing to the [F120Secretary of State].

(5)The [F121Secretary of State]

(a)may remove a person (“the Panel member”) from membership of the Panel if the [F122Secretary of State] is satisfied that the Panel member is unable, unwilling or unfit to perform the duties of Panel membership;

(b)may remove the lead member from that office, without also removing the lead member from membership of the Panel, if the [F123Secretary of State] is satisfied that the lead member is unable, unwilling or unfit to perform the duties of the office.

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Amendments (Textual)

F122Words in s. 66(5)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 23(4)(b); S.I. 2012/628, art. 7(a)

F123Words in s. 66(5)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 23(4)(b); S.I. 2012/628, art. 7(a)

Commencement Information

I69S. 66 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

F12467Panel member continuing though ceasing to be CommissionerE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

68Additional appointments to PanelE+W+S

(1)Subsections (2) and (3) apply at any time after the initial members of the Panel have been appointed under section 65(1)(a).

[F125(2)The Secretary of State may appoint a person to be a member of the Panel, but this power may not be exercised so as to cause the Panel to have more than five members.]

(3)If at any time the Panel has only two members or a single member, it is the duty of the [F126Secretary of State] to ensure that the power under subsection (2) is exercised so as to secure that the Panel again has at least three members.

(4)A person appointed under subsection (2) becomes a member of the Panel in addition to any person who is otherwise a member of the Panel.

F127(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I70S. 68 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

69Replacement of lead member of PanelE+W+S

(1)Subsection (2) applies where a person ceases to hold the office of lead member.

(2)The [F128Secretary of State] must appoint a member of the Panel to chair the Panel.

(3)A person may be appointed under subsection (2) even though that person was not a member of the Panel when the vacancy arose.

F129(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I71S. 69 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

F13070Membership of Panel where application relates to land in WalesE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

71Supplementary provision where Panel replaces single [F131appointed person] E+W+S

(1)Subsections (2) and (3) apply where this Chapter applies as the result of a decision under section 62(2).

(2)[F132An appointed person]

(a)may be appointed under section 65(1)(a) or 68(2) as a member of the Panel, and

(b)if a member of the Panel, may be appointed under section 65(1)(b) or 69(2) to chair the Panel.

(3)The Panel may, so far as it thinks appropriate, decide to treat things done by or in relation to [F133an appointed person] in proceedings under Chapter 3 on the application as done by or in relation to the Panel.

(4)Where the Panel makes a decision under subsection (3), the lead member is under a duty to ensure that the membership of the Panel has the necessary knowledge of the proceedings under Chapter 3 on the application.

[F134(5)In this section “appointed person” means a person appointed to handle the application under Chapter 3.]

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Amendments (Textual)

F131Words in s. 71 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 28(5); S.I. 2012/628, art. 7(a)

Commencement Information

I72S. 71 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

72Panel ceasing to have any membersE+W+S

(1)If the Panel ceases to have any members, a new Panel must be constituted under section 65(1).

(2)At times after the new Panel has been constituted (but subject to the further application of this subsection in the event that the new Panel ceases to have any members), references in this Chapter to the Panel are to be read as references to the new Panel.

(3)The new Panel may, so far as it thinks appropriate, decide to treat things—

(a)done by or in relation to a previous Panel appointed to handle the application, or

(b)treated under section 71(3) as done by or in relation to a previous Panel appointed to handle the application,

as done by or in relation to the new Panel.

(4)Where the Panel makes a decision under subsection (3), the lead member is under a duty to ensure that the membership of the Panel has the necessary knowledge of the proceedings on the application up until the reconstitution of the Panel.

(5)The power under section 68(2) is not exercisable at times when the Panel has no members.

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Commencement Information

I73S. 72 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

73Consequences of changes in PanelE+W+S

(1)The Panel's continuing identity is to be taken not to be affected by—

(a)any change in the membership of the Panel;

(b)the Panel's coming to have only two members or a single member;

(c)any change in the lead member;

(d)a vacancy in that office.

(2)When there is a change in the membership of the Panel, the lead member is under a duty to ensure that the membership of the Panel after the change has the necessary knowledge of the proceedings on the application up until the change.

(3)Subsection (2) does not apply where the change occurs as a result of the Panel being reconstituted as required by section 72(1).

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Commencement Information

I74S. 73 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

Panel's role in relation to applicationE+W+S

74Panel to decide, or make recommendation in respect of, applicationE+W+S

F135(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F136The Panel] has the functions of—

(a)examining the application, and

(b)making a report to the Secretary of State on the application setting out—

(i)the Panel's findings and conclusions in respect of the application, and

(ii)the Panel's recommendation as to the decision to be made on the application.

(3)The Panel's functions under this section are to be carried out in accordance with Chapter 4.

F137(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I75S. 74 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

75Decision-making by the PanelE+W+S

(1)The making of a decision by the Panel requires the agreement of a majority of its members.

(2)The lead member has a second (or casting) vote in the event that the number of members of the Panel agreeing to a proposed decision is the same as the number of members not so agreeing.

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Commencement Information

I76S. 75 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

76Allocation within Panel of Panel's functionsE+W+S

(1)This section applies in relation to the Panel's examination of the application.

(2)The Panel, as an alternative to itself undertaking a part of the examination, may allocate the undertaking of that part to any one or more of the members of the Panel.

(3)Where there is an allocation under subsection (2)—

(a)anything that under Chapter 4 is required or authorised to be done by or to the Panel in connection with the allocated part of the examination may be done by or to the member or members concerned (or by or to the Panel), and

(b)findings and conclusions of the member or members concerned in respect of the matters allocated are to be taken to be the Panel's.

(4)Subsection (3)(b) has effect subject to any decision of the Panel, made on the occasion of making the allocation or earlier, as to the status of any such findings or conclusions.

(5)Where there is an allocation under subsection (2) to two or more of the members of the Panel, the making of a decision by the members concerned requires the agreement of all of them.

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Commencement Information

I77S. 76 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

77Exercise of Panel's powers for examining applicationE+W+S

(1)In this section “procedural power” means any power conferred on the Panel for the purposes of its examination of the application.

(2)A procedural power, as well as being exercisable by the Panel itself, is also (subject to subsection (3)) exercisable by any one or more of the members of the Panel.

(3)The Panel may decide to restrict or prohibit the exercise of a procedural power otherwise than by the Panel itself.

(4)Subsection (2)—

(a)applies whether or not there is an allocation under section 76(2), and

(b)where there is such an allocation, is in addition to section 76(3)(a).

(5)Subsection (3) does not authorise curtailment of a power conferred by section 76(3)(a).

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Commencement Information

I78S. 77 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

Chapter 3E+W+SThe [F138single-appointed-person] procedure

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Amendments (Textual)

F138Words in Pt. 6 Ch. 3 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(6); S.I. 2012/628, art. 7(a)

The single [F139appointed person] E+W+S

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Amendments (Textual)

F139Words in s. 78 cross-heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(5); S.I. 2012/628, art. 7(a)

78Single [F140appointed person] to handle applicationE+W+S

(1)This Chapter applies where—

(a)the [F141Secretary of State] accepts an application for an order granting development consent, and

(b)under section 61(2), it is decided that the application is to be handled by a single [F142appointed person] under this Chapter.

(2)In this Chapter “the single [F143appointed person]” means the person who is appointed to handle the application under this Chapter.

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Amendments (Textual)

F140Words in s. 78 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(5); S.I. 2012/628, art. 7(a)

F141Words in s. 78(1)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(2); S.I. 2012/628, art. 7(a)

F142Words in s. 78(1)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(3); S.I. 2012/628, art. 7(a)

Commencement Information

I79S. 78 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

[F14479Appointment of single appointed personE+W+S

The Secretary of State must appoint a person to handle the application.]

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Amendments (Textual)

80Ceasing to be the single [F145appointed person] E+W+S

F146(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A person may resign from being the single [F147appointed person] by giving notice in writing to the [F148Secretary of State].

(3)The [F149Secretary of State] may remove a person (“the appointee”) from being the single [F150appointed person] [F151if the Secretary of State] is satisfied that the appointee is unable, unwilling or unfit to perform the duties of the single [F150appointed person].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F145Words in s. 80 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(5); S.I. 2012/628, art. 7(a)

Commencement Information

I80S. 80 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

F15281Single Commissioner continuing though ceasing to be CommissionerE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

82Appointment of replacement single [F153appointed person] E+W+S

(1)Where a person ceases to be the single [F153appointed person], a new appointment of a person to handle the application must be made under section 79.

(2)Where that happens, the new single [F153appointed person] may, so far as may be appropriate, decide to treat things done by or in relation to any previous single [F153appointed person] as done by or in relation to the new single [F153appointed person].

(3)Where the single [F153appointed person] makes a decision under subsection (2), the single [F153appointed person] is under a duty to acquire the necessary knowledge of the previous proceedings on the application.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I81S. 82 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

Single [F154appointed person]’s role in relation to applicationE+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F154Words in s. 83 cross-heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(2); S.I. 2012/628, art. 7(a)

83Single [F155appointed person] to examine and report on applicationE+W+S

(1)The single [F156appointed person] has the functions of—

(a)examining the application, and

(b)making a report [F157to the Secretary of State] on the application setting out—

(i)the single [F156appointed person]’s findings and conclusions in respect of the application, and

(ii)the single [F156appointed person]’s recommendation as to the decision to be made on the application.

F158(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The single [F159appointed person]’s functions under subsection (1) are to be carried out in accordance with Chapter 4.

F160(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F155Words in s. 83 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(2); S.I. 2012/628, art. 7(a)

Commencement Information

I82S. 83 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F16184Report from single Commissioner to be referred to CouncilE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F161Ss. 84, 85 and cross-heading repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 36, Sch. 25 Pt. 20; S.I. 2012/628, art. 7

F16185Decisions made by the Council on the applicationE+W+S

(1)This section applies to decisions made by the Council in deciding the application.

(2)At least five members of the Council must participate in making a decision.

(3)The making of a decision requires the agreement of a majority of the members of the Council who are participating in making it.

(4)The person chairing the Council has a second (or casting) vote in the event that the number of members of the Council agreeing to a proposed decision is the same as the number of members not so agreeing.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F161Ss. 84, 85 and cross-heading repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 36, Sch. 25 Pt. 20; S.I. 2012/628, art. 7

Chapter 4E+W+SExamination of applications under Chapter 2 or 3

86Chapter applies to examination by Panel or single [F162appointed person] E+W+S

(1)This Chapter applies—

(a)in relation to the examination of an application by a Panel under Chapter 2, and

(b)in relation to the examination of an application by a single [F163appointed person] under Chapter 3.

(2)In this Chapter as it applies in relation to the examination of an application by a Panel under Chapter 2, “the Examining authority” means the Panel.

(3)In this Chapter as it applies in relation to the examination of an application by a single [F163appointed person] under Chapter 3, “the Examining authority” means the single [F163appointed person].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I83S. 86 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

87Examining authority to control examination of applicationE+W+S

(1)It is for the Examining authority to decide how to examine the application.

(2)The Examining authority, in making any decision about how the application is to be examined, must—

(a)comply with—

(i)the following provisions of this Chapter, and

(ii)any rules made under section 97, and

F164(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Examining authority may in examining the application disregard representations if the Examining authority considers that the representations—

(a)are vexatious or frivolous,

(b)relate to the merits of policy set out in a national policy statement, or

(c)relate to compensation for compulsory acquisition of land or of an interest in or right over land.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I84S. 87 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

88Initial assessment of issues, and preliminary meetingE+W+S

(1)The Examining authority must make such an initial assessment of the principal issues arising on the application as the Examining authority thinks appropriate.

(2)After making that assessment, the Examining authority must hold a meeting.

(3)The Examining authority must invite to the meeting—

(a)the applicant, F165...

(b)each other interested party,

[F166(c)each statutory party, and

(d)each local authority that is within section 88A,]

whether or not the Examining authority is required by rules under section 97, or chooses, also to invite other persons.

[F167(3A)In subsection (3)(c) “statutory party” means a person specified in, or of a description specified in, regulations made by the Secretary of State.]

(4)The purposes of the meeting are—

(a)to enable invitees present at the meeting to make representations to the Examining authority about how the application should be examined,

(b)to discuss any other matter that the Examining authority wishes to discuss, and

(c)any other purpose that may be specified in rules under section 97.

(5)Subsections (2) to (4) do not prevent the Examining authority holding other meetings.

(6)Rules under section 97—

(a)may (in particular) make provision supplementing subsections (1) to (4), and

(b)must make provision as to when the assessment under subsection (1) is to be made and as to when the meeting required by subsection (2) is to be held.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F165Word in s. 88(3)(a) repealed (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 138(5)(a), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/57, art. 2(c); S.I. 2012/628, art. 7(a)

F166S. 88(3)(c)(d) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 138(5)(b), 240(2) (with s. 144); S.I. 2012/57, art. 2(c); S.I. 2012/628, art. 7(a)

F167S. 88(3A) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 138(5)(c), 240(2) (with s. 144); S.I. 2012/57, art. 2(c); S.I. 2012/628, art. 7(a)

Commencement Information

I85S. 88 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

[F16888ALocal authorities for the purposes of section 88(3)(d)E+W+S

(1)A local authority (“A”) is within this section if—

(a)the land is in the area of another local authority (“B”),

(b)B is a unitary council or a lower-tier district council, and

(c)any part of the boundary of A's area is also a part of the boundary of B's area.

(2)If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—

(a)D is not a lower-tier district council, and

(b)any part of the boundary of D's area is also part of the boundary of C's area.

(3)In this section—

  • the land” means the land to which the application relates or any part of that land;

  • local authority” has the meaning given in section 102(8);

  • lower-tier district council” means a district council in England for an area for which there is a county council;

  • unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

  • upper-tier county council” means a county council in England for each part of whose area there is a district council.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

89Examining authority's decisions about how application is to be examinedE+W+S

(1)The Examining authority must in the light of the discussion at the meeting held under section 88(2) make such procedural decisions as the Examining authority thinks appropriate.

(2)The decisions required by subsection (1) may be made at or after the meeting.

[F169(2A)Upon making the decisions required by subsection (1), the Examining authority must inform each person mentioned in section 88(3)(c) and (d)—

(a)of those decisions, and

(b)that the person may notify the Examining authority in writing that the person is to become an interested party.]

(3)The Examining authority may make procedural decisions otherwise than as required by subsection (1), and may do so at any time before or after the meeting.

(4)The Examining authority must inform each interested party of any procedural decision made by the Examining authority.

(5)In this section “procedural decision” means a decision about how the application is to be examined.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I86S. 89 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

90Written representationsE+W+S

(1)The Examining authority's examination of the application is to take the form of consideration of written representations about the application.

(2)Subsection (1) has effect subject to—

(a)any requirement under section 91, 92 or 93 to cause a hearing to be held, and

(b)any decision by the Examining authority that any part of the examination is to take a form that is neither—

(i)consideration of written representations, nor

(ii)consideration of oral representations made at a hearing.

(3)Rules under section 97 may (in particular) specify written representations about the application which are to be, or which may be or may not be, considered under subsection (1).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I87S. 90 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

91Hearings about specific issuesE+W+S

(1)Subsections (2) and (3) apply where the Examining authority decides that it is necessary for the Examining authority's examination of the application to include the consideration of oral representations about a particular issue made at a hearing in order to ensure—

(a)adequate examination of the issue, or

(b)that an interested party has a fair chance to put the party's case.

(2)The Examining authority must cause a hearing to be held for the purpose of receiving oral representations about the issue.

(3)At the hearing, each interested party is entitled (subject to the Examining authority's powers of control over the conduct of the hearing) to make oral representations about the issue.

(4)Where the Examining authority is a Panel acting under Chapter 2, any two or more hearings under subsection (2) may be held concurrently.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I88S. 91 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

92Compulsory acquisition hearingsE+W+S

(1)This section applies where the application includes a request for an order granting development consent to authorise compulsory acquisition of land or of an interest in or right over land (a “compulsory acquisition request”).

(2)The Examining authority must fix, and cause each affected person to be informed of, the deadline by which an affected person must notify the [F170Secretary of State] that the person wishes a compulsory acquisition hearing to be held.

(3)If the [F170Secretary of State] receives notification from at least one affected person before the deadline, the Examining authority must cause a compulsory acquisition hearing to be held.

(4)At a compulsory acquisition hearing, the following are entitled (subject to the Examining authority's powers of control over the conduct of the hearing) to make oral representations about the compulsory acquisition request—

(a)the applicant;

(b)each affected person.

(5)A person is an “affected person” for the purposes of this section if the person's name has been given to the [F170Secretary of State] in a notice under section 59.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I89S. 92 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

93Open-floor hearingsE+W+S

(1)The Examining authority must fix, and cause the interested parties to be informed of, the deadline by which an interested party must notify the [F171Secretary of State] of the party's wish to be heard at an open-floor hearing.

(2)If the [F171Secretary of State] receives notification from at least one interested party before the deadline, the Examining authority must cause an open-floor hearing to be held.

(3)At an open-floor hearing, each interested party is entitled (subject to the Examining authority's powers of control over the conduct of the hearing) to make oral representations about the application.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I90S. 93 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

94Hearings: general provisionsE+W+S

(1)The following provisions of this section apply—

(a)to a hearing under section 91(2),

(b)to a compulsory acquisition hearing (see section 92), and

(c)to an open-floor hearing (see section 93).

(2)The hearing—

(a)must be in public, and

(b)must be presided over by one or more of the members of the Panel or (as the case may be) the single [F172appointed person].

(3)It is for the Examining authority to decide how the hearing is to be conducted.

(4)In particular, it is for the Examining authority to decide—

(a)whether a person making oral representations at the hearing may be questioned at the hearing by another person and, if so, the matters to which the questioning may relate;

(b)the amount of time to be allowed at the hearing—

(i)for the making of a person's representations (including representations made in exercise of an entitlement under section 91(3), 92(4) or 93(3)), or

(ii)for any questioning by another person.

(5)The Examining authority's powers under subsections (3) and (4) are subject to—

(a)subsection (2), and

(b)any rules made under section 97.

(6)Although the Examining authority's powers under subsections (3) and (4) may be exercised for the purpose of controlling exercise of an entitlement under section 91(3), 92(4) or 93(3), those powers may not be exercised so as to deprive the person entitled of all benefit of the entitlement.

(7)In making decisions under subsection (4)(a), the Examining authority must apply the principle that any oral questioning of a person making representations at a hearing (whether the applicant or any other person) should be undertaken by the Examining authority except where the Examining authority thinks that oral questioning by another person is necessary in order to ensure—

(a)adequate testing of any representations, or

(b)that a person has a fair chance to put the person's case.

(8)The Examining authority may refuse to allow representations to be made at the hearing (including representations made in exercise of an entitlement under section 91(3), 92(4) or 93(3)) if the Examining authority considers that the representations—

(a)are irrelevant, vexatious or frivolous,

(b)relate to the merits of policy set out in a national policy statement,

(c)repeat other representations already made (in any form and by any person), or

(d)relate to compensation for compulsory acquisition of land or of an interest in or right over land.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F172Words in s. 94(2)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 41; S.I. 2012/628, art. 7(a)

Commencement Information

I91S. 94 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

95Hearings: disruption, supervision and costsE+W+S

(1)Where an interested party or any other person behaves in a disruptive manner at a hearing, the Examining authority may decide to do any one or more of the following—

(a)exclude the person from all, or part, of the remainder of the hearing;

(b)allow the person to continue to attend the hearing only if the person complies with conditions specified by the Examining authority;

(c)exclude the person from other hearings;

(d)direct that the person is allowed to attend other hearings only if the person complies with conditions specified by the Examining authority.

(2)In this section “hearing” means—

(a)a preliminary meeting under section 88,

(b)a hearing under section 91(2),

(c)a compulsory acquisition hearing (see section 92),

(d)an open-floor hearing (see section 93),

(e)any other meeting or hearing that the Examining authority causes to be held for the purposes of the Examining authority's examination of the application, or

(f)a site visit.

(3)The Examining authority's examination of the application is a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) (functions etc. of Administrative Justice and Tribunals Council).

(4)Subsection (5) of section 250 of the Local Government Act 1972 (c. 70) (provisions about costs applying where Minister causes a local inquiry to be held) applies in relation to the Examining authority's examination of the application as it applies in relation to an inquiry under that section, but with references to the Minister causing the inquiry to be held being read as references to the Examining authority.

This is subject to subsection (5) of this section.

(5)Subsections (6) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) (provisions about expenses applying where Minister causes a local inquiry to be held) apply in relation to the Examining authority's examination of the application in so far as relating to a hearing held in Scotland as they apply in relation to an inquiry under that section, but with references to the Minister causing the inquiry to be held being read as references to the Examining authority.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I92S. 95 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

[F17395AHearings: defence and national securityE+W+S

(1)Subsection (2) applies if the Secretary of State is satisfied that if all or part of the Examining Authority's examination of the application takes the form of a meeting or hearing—

(a)the making of particular oral representations at such a meeting or hearing would be likely to result in the disclosure of information as to defence or national security, and

(b)the public disclosure of that information would be contrary to the national interest.

(2)The Secretary of State may direct that representations of a description specified in the direction may be made only to persons of a description so specified (instead of being made in public).

(3)If the Secretary of State gives a direction under subsection (2), the Attorney General or (where the representations are to be made in Scotland) the Advocate General for Scotland may appoint a person (an “appointed representative”) to represent the interests of an interested party who (by virtue of the direction) is prevented from being present when the representations are made.

(4)Rules under section 97 may (in particular) make provision as to the functions of an appointed representative.

(5)The Secretary of State may direct a person (a “responsible person”) to pay the fees and expenses of an appointed representative if the Secretary of State thinks that the responsible person is interested in a meeting or hearing in relation to any representations that are the subject of a direction under subsection (2).

(6)Subsections (7) and (8) apply if the Secretary of State gives a direction under subsection (5).

(7)If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.

(8)The Secretary of State must cause the amount agreed between the appointed representative and the responsible person, or determined by the Secretary of State, to be certified.

(9)An amount so certified is recoverable from the responsible person as a civil debt.

(10)In this section “representations” includes evidence.]

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Amendments (Textual)

F173S. 95A inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 42; S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)

96Representations not made orally may be made in writingE+W+S

(1)Subsection (2) applies where—

(a)a person asks the Examining authority to be allowed to make oral representations about the application at a hearing,

(b)the person does not (for whatever reason) make the representations orally at a hearing,

(c)written representations from the person are received by the [F174Secretary of State] before the Examining authority completes the Examining authority's examination of the application, and

(d)the written representations state that they are ones that the person asked to be allowed to, but did not, make orally at a hearing.

(2)The Examining authority must consider the written representations as part of the Examining authority's examination of the application, subject to section 87(3).

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Amendments (Textual)

Commencement Information

I93S. 96 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

97Procedure rulesE+W+S

(1)The Lord Chancellor or (if subsection (2) applies) the Secretary of State, after consultation with the Administrative Justice and Tribunals Council, may make rules regulating the procedure to be followed in connection with the Examining authority's examination of the application.

(2)This subsection applies if the development to which the application relates (or part of the development) is the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line—

(a)one end of which is in England or Wales, and

(b)the other end of which is in Scotland.

(3)Rules under subsection (1) may make provision for or in connection with authorising the Examining authority, alone or with others, to enter onto land, including land owned or occupied otherwise than by the applicant, for the purpose of inspecting the land as part of the Examining authority's examination of the application.

(4)Rules under subsection (1) may regulate procedure in connection with matters preparatory to the Examining authority's examination of the application, and in connection with matters subsequent to the examination, as well as in connection with the conduct of the examination.

(5)Power under this section to make rules includes power to make different provision for different purposes.

(6)Power under this section to make rules is exercisable by statutory instrument.

(7)A statutory instrument containing rules under this section is subject to annulment pursuant to a resolution of either House of Parliament.

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Commencement Information

I94S. 97 in force at 1.3.2010 in so far as not already in force by S.I. 2010/101, art. 3(d) (with art. 6)

98Timetable for examining, and reporting on, applicationE+W+S

(1)The Examining authority is under a duty to complete the Examining authority's examination of the application by the end of the period of 6 months beginning with the day after the start day.

(2)The start day is the day on which the meeting required by section 88 is held or, if that meeting is held on two or more days, the later or latest of those days.

(3)[F175The Examining authority is under a duty to make its report under section 74(2)(b) or 83(1)(b)] by the end of the period of 3 months [F176beginning with—

(a)the deadline for completion of its examination of the application, or

(b)(if earlier) the end of the day on which it completes the examination.]

(4)The [F177Secretary of State] may set a date for a deadline under this section that is later than the date for the time being set.

(5)The power under subsection (4) may be exercised—

(a)more than once in relation to the same deadline;

(b)after the date for the time being set for the deadline.

[F178(6)Subsections (7) and (8) apply where the power under subsection (4) is exercised.

(7)The Secretary of State must—

(a)notify each interested party of the new deadline, and

(b)publicise the new deadline in such manner as the Secretary of State thinks appropriate.

(8)The Secretary of State exercising the power must make a statement, to the House of Parliament of which that Secretary of State is a member, announcing the new deadline.

(9)A statement under subsection (8) may be written or oral.]

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Amendments (Textual)

F176Words in s. 98(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 139(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F178S. 98(6)-(9) substituted for s. 98(6) (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 44(4); S.I. 2012/628, art. 7(a)

Commencement Information

I95S. 98 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

99Completion of Examining authority's examination of applicationE+W+S

When the Examining authority has completed its examination of the application, it must inform each of the interested parties of that fact.

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Commencement Information

I96S. 99 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

100AssessorsE+W+S

(1)The [F179Secretary of State] may, at the request of the Examining authority, appoint a person to act as an assessor to assist the Examining authority in the Examining authority's examination of the application.

(2)A person may be appointed as an assessor only if it appears to the [F180Secretary of State] that the person has expertise that makes the person a suitable person to provide assistance to the Examining authority.

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Amendments (Textual)

Commencement Information

I97S. 100 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

101Legal advice and assistanceE+W+S

(1)The [F181Secretary of State] may, at the request of the Examining authority, appoint a barrister, solicitor or advocate to provide legal advice and assistance to the Examining authority in connection with its examination of the application.

(2)The assistance that may be given by a person appointed under subsection (1) includes carrying out on behalf of the Examining authority any oral questioning of a person making representations at a hearing.

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Amendments (Textual)

Commencement Information

I98S. 101 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

102Interpretation of Chapter 4: “interested party” and other expressionsE+W+S

(1)For the purposes of this Chapter, a person is an “interested party” if—

(a)the person is the applicant,

[F182(aa)the person has been notified of the acceptance of the application in accordance with section 56(2)(d),

(ab)the Examining authority has under section 102A decided that it considers that the person is within one or more of the categories set out in section 102B,]

[F183(ba)the person is the Marine Management Organisation and the development for which the application seeks development consent would involve the carrying on of any activity in one or more of the areas specified in subsection (1A),]

[F184(c)the person is a local authority in whose area the land is located,

(ca)the person—

(i)is mentioned in section 88(3)(c) or (d), and

(ii)has notified the Examining authority as mentioned in section 89(2A)(b),]

(d)the person is the Greater London Authority and the land is in Greater London, or

(e)the person has made a relevant representation.

[F185(1ZA)But a person ceases to be an “interested party” for the purposes of this Chapter upon notifying the Examining authority in writing that the person no longer wishes to be an interested party.]

[F186(1A)The areas are—

(a)waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.]

(2)In this Chapter “representation” includes evidence, and references to the making of a representation include the giving of evidence.

F187(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A representation is a relevant representation for the purposes of subsection (1) to the extent that—

(a)it is a representation about the application,

(b)it is made to the [F188Secretary of State] in the prescribed form and manner,

(c)it is received by the [F188Secretary of State] no later than the deadline that applies under section 56 to the person making it,

(d)it contains material of a prescribed description, and

(e)it does not contain—

(i)material about compensation for compulsory acquisition of land or of an interest in or right over land,

(ii)material about the merits of policy set out in a national policy statement, or

(iii)material that is vexatious or frivolous.

F189(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F189(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F189(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In [F190subsection (1)(c)]local authority” means—

(a)a county council, or district council, in England;

(b)a London borough council;

(c)the Common Council of the City of London;

(d)the Council of the Isles of Scilly;

(e)a county council, or county borough council, in Wales;

(f)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

(g)a National Park authority;

(h)the Broads Authority.

(9)In this section “the land” means the land to which the application relates or any part of that land.

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Amendments (Textual)

F182S. 102(1)(aa)(ab) substituted for s. 102(1)(b) (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F184S. 102(1)(c)(ca) substituted for s. 102(1)(c) (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F185S. 102(1ZA) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(c), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F188Words in s. 102(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 47; S.I. 2012/628, art. 7(a)

F190Words in s. 102(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(f), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I99S. 102 in force for certain purposes at Royal Assent see s. 241

I100S. 102 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

[F191102APersons in certain categories may ask to become interested parties etcE+W+S

(1)Subsection (2) applies if—

(a)a person makes a request to the Examining authority to become an interested party,

(b)the request states that the person claims to be within one or more of the categories set out in section 102B,

(c)the person has not been notified of the acceptance of the application in accordance with section 56(2)(d), and

(d)the applicant has issued a certificate under section 58 in relation to the application.

(2)The Examining authority must decide whether it considers that the person is within one or more of the categories set out in section 102B.

(3)If the Examining authority decides that it considers that the person is within one or more of the categories set out in section 102B, the Examining authority must notify the person, and the applicant, that the person has become an interested party under section 102(1)(ab).

(4)If the Examining authority thinks that a person might successfully make a request mentioned in subsection (1)(a), the Examining authority may inform the person about becoming an interested party under section 102(1)(ab).

But the Examining authority is under no obligation to make enquiries in order to discover persons who might make such a request.

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Amendments (Textual)

F191Ss. 102A, 102B inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(9), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

102BCategories for the purposes of section 102AE+W+S

(1)A person is within Category 1 if the person is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land.

(2)A person is within Category 2 if the person—

(a)is interested in the land, or

(b)has power—

(i)to sell and convey the land, or

(ii)to release the land.

(3)An expression, other than “the land”, that appears in subsection (2) of this section and also in section 5(1) of the Compulsory Purchase Act 1965 has in subsection (2) the meaning that it has in section 5(1) of that Act.

(4)A person is within Category 3 if, should the order sought by the application be made and fully implemented, the person would or might be entitled—

(a)as a result of the implementing of the order,

(b)as a result of the order having been implemented, or

(c)as a result of use of the land once the order has been implemented,

to make a relevant claim.

(5)In subsection (4) “relevant claim” means—

(a)a claim under section 10 of the Compulsory Purchase Act 1965 (compensation where satisfaction not made for the taking, or injurious affection, of land subject to compulsory purchase);

(b)a claim under Part 1 of the Land Compensation Act 1973 (compensation for depreciation of land value by physical factors caused by use of public works);

(c)a claim under section 152(3).

(6)In this section “the land” means the land to which the application relates or any part of that land.]

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Amendments (Textual)

F191Ss. 102A, 102B inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(9), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Chapter 5E+W+SDecisions on applications

103[F192Secretary of State is to decide applications]E+W+S

(1)The Secretary of State has the function of deciding an application for an order granting development consent F193...

F194(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I101S. 103 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

104[F195Decisions in cases where national policy statement has effect]E+W+S

(1)This section applies in relation to an application for an order granting development consent if [F196a national policy statement has effect in relation to development of the description to which the application relates].

(2)In deciding the application the [F197Secretary of State] must have regard to—

(a)any national policy statement which has effect in relation to development of the description to which the application relates (a “relevant national policy statement”),

[F198(aa)the appropriate marine policy documents (if any), determined in accordance with section 59 of the Marine and Coastal Access Act 2009;]

(b)any local impact report (within the meaning given by section 60(3)) submitted to the [F199Secretary of State] before the deadline specified in a notice under section 60(2),

(c)any matters prescribed in relation to development of the description to which the application relates, and

(d)any other matters which the [F197Secretary of State] thinks are both important and relevant to [F200the Secretary of State's] decision.

(3)The [F201Secretary of State] must decide the application in accordance with any relevant national policy statement, except to the extent that one or more of subsections (4) to (8) applies.

(4)This subsection applies if the [F202Secretary of State] is satisfied that deciding the application in accordance with any relevant national policy statement would lead to the United Kingdom being in breach of any of its international obligations.

(5)This subsection applies if the [F203Secretary of State is] satisfied that deciding the application in accordance with any relevant national policy statement would lead to the [F204Secretary of State being in breach of any duty imposed on the Secretary of State] by or under any enactment.

(6)This subsection applies if the [F205Secretary of State] is satisfied that deciding the application in accordance with any relevant national policy statement would be unlawful by virtue of any enactment.

(7)This subsection applies if the [F206Secretary of State] is satisfied that the adverse impact of the proposed development would outweigh its benefits.

(8)This subsection applies if the [F207Secretary of State] is satisfied that any condition prescribed for deciding an application otherwise than in accordance with a national policy statement is met.

(9)For the avoidance of doubt, the fact that any relevant national policy statement identifies a location as suitable (or potentially suitable) for a particular description of development does not prevent one or more of subsections (4) to (8) from applying.

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Amendments (Textual)

F196Words in s. 104(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(2); S.I. 2012/628, art. 7(a)

F199Words in s. 104(2)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(3)(b); S.I. 2012/628, art. 7(a)

F200Words in s. 104(2)(d) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(3)(c); S.I. 2012/628, art. 7(a)

F201Words in s. 104(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(4); S.I. 2012/628, art. 7(a)

F202Words in s. 104(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(4); S.I. 2012/628, art. 7(a)

F205Words in s. 104(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(6); S.I. 2012/628, art. 7(a)

F206Words in s. 104(7) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(6); S.I. 2012/628, art. 7(a)

F207Words in s. 104(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(6); S.I. 2012/628, art. 7(a)

Commencement Information

I102S. 104 partly in force; s. 104 in force for certain purposes at Royal Assent see s. 241

I103S. 104 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)

105[F208Decisions in cases where no national policy statement has effect]E+W+S

(1)This section applies in relation to an application for an order granting development consent [F209if section 104 does not apply in relation to the application].

(2)In deciding the application the Secretary of State must have regard to—

(a)any local impact report (within the meaning given by section 60(3)) submitted to the [F210Secretary of State] before the deadline specified in a notice under section 60(2),

(b)any matters prescribed in relation to development of the description to which the application relates, and

(c)any other matters which the Secretary of State thinks are both important and relevant to the Secretary of State's decision.

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