Search Legislation

Localism Act 2011

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Localism Act 2011, Section 131 is up to date with all changes known to be in force on or before 17 December 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

131Power to alter effect of requirement for development consent on other consent regimesE+W

This section has no associated Explanatory Notes

(1)The Planning Act 2008 is amended as follows.

(2)In section 33 (effect of requirement for development consent on other consent regimes) after subsection (4) insert—

(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.

(3)In section 232 (orders and regulations)—

(a)in subsection (5)(d) (orders not subject to annulment by either House of Parliament) after “14(3),” insert “ 33(5), ”, and

(b)in subsection (6) (orders that must be approved in draft by both Houses of Parliament before being made) after “14(3),” insert “ 33(5), ”.

(4)In paragraph 4 of Schedule 12 (application of section 33 to Scotland: modifications)—

(a)in sub-paragraph (a) for paragraph (i) substitute—

(i)for “none of the following is” there were substituted “ the following are not ”, and,

(b)omit the “and” at the end of sub-paragraph (a),

(c)in sub-paragraph (b) for “subsections (2) to (4)” substitute “ paragraphs (a) to (c) of subsection (2), and subsections (3) and (4), ”, and

(d)after sub-paragraph (b) insert , and

(c)in subsection (7) “Act” includes an Act of the Scottish Parliament.

Annotations: Help about Annotation
Close

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

I1S. 131 in force at 1.4.2012 by S.I. 2012/628, art. 7(a)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources