62AWhen application may be made directly to Secretary of State

1

A relevant application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) be made instead to the Secretary of State if the following conditions are met at the time it is made—

a

the local planning authority concerned is designated by the Secretary of State for the purposes of this section; and

b

the development to which the application relates (where the application is within subsection (2)(b)(i)), or the development for which outline planning permission has been granted (where the application is within subsection (2)(b)(ii)), is major development.

2

In this section—

a

“major development” means development of a description prescribed by the Secretary of State;

b

“relevant application” means—

i

an application for planning permission for the development of land in England, other than an application of the kind described in section 73(1); or

ii

an application for approval of a matter that, as defined by section 92, is a reserved matter in the case of an outline planning permission for the development of land in England.

3

Where a relevant application is made to the Secretary of State under this section, an application under the planning Acts—

a

that is—

i

an application for listed building consent, or for conservation area consent, under the Planning (Listed Buildings and Conservation Areas) Act 1990, or

ii

an application of a description prescribed by the Secretary of State,

b

that is considered by the person making the application to be connected with the relevant application,

c

that would otherwise have to be made to the local planning authority or hazardous substances authority,

d

that is neither a relevant application nor an application of the kind described in section 73(1), and

e

that relates to land in England,

may (if the person so chooses) be made instead to the Secretary of State.

4

If an application (“the connected application”) is made to the Secretary of State under subsection (3) but the Secretary of State considers that it is not connected with the relevant application concerned, the Secretary of State may—

a

refer the connected application to the local planning authority, or hazardous substances authority, to whom it would otherwise have been made; and

b

direct that the connected application—

i

is to be treated as having been made to that authority (and not to the Secretary of State under this section), and

ii

is to be determined by that authority accordingly.

5

The decision of the Secretary of State on an application made to the Secretary of State under this section shall be final.

6

The Secretary of State may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Secretary of State under this section that would otherwise have been made to the authority; and directions under this subsection—

a

may relate to a particular application or to applications more generally; and

b

may be given to a particular authority or to authorities more generally.

62BDesignation for the purposes of section 62A

1

An authority may be designated for the purposes of section 62A only if—

a

the criteria that are to be applied in deciding whether to designate the authority are set out in a document to which subsection (2) applies,

b

by reference to those criteria, the Secretary of State considers that there are respects in which the authority are not adequately performing their function of determining applications under this Part, and

c

the criteria that are to be applied in deciding whether to revoke a designation are set out in a document to which subsection (2) applies.

2

This subsection applies to a document if—

a

the document has been laid before Parliament by the Secretary of State,

b

the 40-day period for the document has ended without either House of Parliament having during that period resolved not to approve the document, and

c

the document has been published (whether before, during or after the 40-day period for it) by the Secretary of State in such manner as the Secretary of State thinks fit.

3

In this section “the 40-day period” for a document is the period of 40 days beginning with the day on which the document is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).

4

In calculating the 40-day period for a document, no account is to be taken of any period during which—

a

Parliament is dissolved or prorogued, or

b

both Houses of Parliament are adjourned for more than four days.

5

None of the following may be designated for the purposes of section 62A—

a

the Homes and Communities Agency;

b

the Mayor of London;

c

a Mayoral development corporation;

d

an urban development corporation.

6

The Secretary of State must publish (in such manner as the Secretary of State thinks fit)—

a

any designation of an authority for the purposes of section 62A, and

b

any revocation of such a designation.

62CNotifying parish councils of applications under section 62A(1)

1

If an application is made to the Secretary of State under section 62A(1) and a parish council would be entitled under paragraph 8 of Schedule 1 to be notified of the application were it made to the local planning authority, the Secretary of State must notify the council of—

a

the application, and

b

any alteration to the application accepted by the Secretary of State.

2

Paragraph 8(4) and (5) of Schedule 1 apply in relation to duties of the Secretary of State under subsection (1) as they apply to duties of a local planning authority under paragraph 8(1) of that Schedule.

3

An authority designated for the purposes of section 62A must comply with requests from the Secretary of State for details of requests received by the authority under paragraph 8(1) of Schedule 1.

3

In its application by subsection (2) to an inquiry held in England, section 250(4) of that Act has effect as if—

a

after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and

b

after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”.

1B

Section 250(4) of the Local Government Act 1972 applies to costs incurred by the Secretary of State, or a person appointed by the Secretary of State, in relation to proceedings in England to which this section applies which do not give rise to a local inquiry as it applies to costs incurred in relation to a local inquiry.

1C

In its application for that purpose, section 250(4) of that Act has effect as if—

a

after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and

b

after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”.

1D

Section 42 of the Housing and Planning Act 1986 (recovery of Minister's costs) applies to costs incurred in relation to proceedings in England to which this section applies which do not give rise to a local inquiry as it applies to costs incurred in relation to an inquiry.

3

Where this section applies in the case of an inquiry or hearing which was to take place in England but did not, section 250(4) of that Act applies to costs incurred by the Secretary of State or a person appointed by the Secretary of State as if—

a

in the case of an inquiry, the inquiry had taken place;

b

in the case of a hearing, the hearing were an inquiry which had taken place.

4

In its application for that purpose, section 250(4) of that Act has effect as if—

a

after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and

b

after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”.

5

Section 42 of the Housing and Planning Act 1986 (recovery of Minister's costs) applies to costs incurred in relation to a hearing of the kind referred to in subsection (1) or (1A) which was to take place in England but did not as it applies to costs incurred in relation to an inquiry which was to take place but did not.

4

Regulations made by the Secretary of State under this section may include provision as to the circumstances in which, in proceedings in England such as are mentioned in subsection (1) or (1A)—

a

directions may be given under section 250(4) of the Local Government Act 1972 as applied by a prescribed provision of this Act;

b

orders for costs may be made under section 250(5) of that Act as so applied.

3ZA

Rules made by the Lord Chancellor under this section may include provision as to the circumstances in which, in statutory inquiries held in England—

a

directions may be given under section 250(4) of the Local Government Act 1972 as applied by a provision of the Town and Country Planning Act 1990 specified in the rules;

b

orders for costs may be made under section 250(5) of the Local Government Act 1972 as so applied.

11

The Secretary of State may, if he thinks fit, direct that anything in connection with an appeal in England to which this Schedule applies which would otherwise fall to be done by an appointed person shall instead be done by the Secretary of State.

2A

Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development consisting of a change in the use of land in England, the order may require the approval of the local planning authority, or of the Secretary of State, to be obtained—

a

for the use of the land for the new use;

b

with respect to matters that relate to the new use and are specified in the order.

2B

Without prejudice to the generality of subsection (1), a development order may include provision for ensuring—

a

that, before a person in reliance on planning permission granted by the order carries out development of land in England that is a dwelling house or is within the curtilage of a dwelling house—

i

a written description, and a plan, of the proposed development are given to the local planning authority,

ii

notice of the proposed development, and of the period during which representations about it may be made to the local planning authority, is served by the local planning authority on the owner or occupier of any adjoining premises, and

iii

that period has ended, and

b

that, where within that period an owner or occupier of any adjoining premises objects to the proposed development, it may be carried out in reliance on the permission only if the local planning authority consider that it would not have an unacceptable impact on the amenity of adjoining premises.

2C

In subsection (2B) “adjoining premises” includes any land adjoining—

a

the dwelling house concerned, or

b

the boundary of its curtilage.

7A

Where a local development order is adopted by a local planning authority in England, that authority must submit a copy of the order to the appropriate authority as soon after the order's adoption as is reasonably practicable.

2A

Sub-paragraph (2)(a) applies in relation to England as if for “submission, approval, adoption,” there were substituted “ adoption, post-adoption submission, ”.

106BAModification or discharge of affordable housing requirements

1

This section applies in relation to an English planning obligation that contains an affordable housing requirement.

2

A person against whom the affordable housing requirement is enforceable may apply to the appropriate authority—

a

for the requirement to have effect subject to modifications,

b

for the requirement to be replaced with a different affordable housing requirement,

c

for the requirement to be removed from the planning obligation, or

d

in a case where the planning obligation consists solely of one or more affordable housing requirements, for the planning obligation to be discharged.

3

Where an application is made to an authority under subsection (2) and is the first such application in relation to the planning obligation—

a

if the affordable housing requirement means that the development is not economically viable, the authority must deal with the application in accordance with subsection (5) so that the development becomes economically viable, or

b

if paragraph (a) does not apply, the authority must determine that the affordable housing requirement is to continue to have effect without modification or replacement.

4

Where an application is made to an authority under subsection (2) and is the second or a subsequent such application in relation to the planning obligation, the authority may—

a

deal with the application in accordance with subsection (5), or

b

determine that the affordable housing requirement is to continue to have effect without modification or replacement.

5

The authority may—

a

determine that the requirement is to have effect subject to modifications,

b

determine that the requirement is to be replaced with a different affordable housing requirement,

c

determine that the planning obligation is to be modified to remove the requirement, or

d

where the planning obligation consists solely of one or more affordable housing requirements, determine that the planning obligation is to be discharged.

6

A determination under subsection (5)(a), (b) or (c)—

a

may provide for the planning obligation to be modified in accordance with the application or in some other way,

b

may not have the effect that the obligation as modified is more onerous in its application to the applicant than in its unmodified form, and

c

may not have the effect that an obligation is imposed on a person other than the applicant or that the obligation as modified is more onerous in its application to such a person than in its unmodified form.

7

Subsection (6)(b) does not apply to a determination in response to the second or a subsequent application under this section in relation to the planning obligation; but such a determination may not have the effect that the development becomes economically unviable.

8

In making a determination under this section the authority must have regard to—

a

guidance issued by the Secretary of State, and

b

where the determination relates to an application to which section 106BB applies, any representations made by the Mayor of London in accordance with that section.

9

The authority must give notice of their determination to the applicant—

a

within such period as may be prescribed by the Secretary of State, or

b

if no period is prescribed under paragraph (a) (and subject to section 106BB(5)), within the period of 28 days beginning with the day on which the application is received, or such longer period as is agreed in writing between the applicant and the authority.

10

Where an authority determine under this section that a planning obligation is to have effect subject to modifications, the obligation as modified is to be enforceable as if it had been entered into on the date on which notice of the determination was given to the applicant.

11

The Secretary of State may by regulations make provision with respect to—

a

the form and content of applications under subsection (2), and

b

the notices to be given to applicants of determinations under subsection (9).

12

This section and section 106BC do not apply in relation to an English planning obligation if planning permission for the development was granted wholly or partly on the basis of a policy for the provision of housing on rural exception sites.

13

In this section and section 106BC—

• “affordable housing requirement” means a requirement relating to the provision of housing that is or is to be made available for people whose needs are not adequately served by the commercial housing market (and it is immaterial for this purpose where or by whom the housing is or is to be provided);

• “the appropriate authority” has the same meaning as in section 106A;

• “the development”, in relation to a planning obligation, means the development authorised by the planning permission to which the obligation relates;

• “English planning obligation” means a planning obligation that—

  1. a

     identifies a local planning authority in England as an authority by whom the obligation is enforceable, and

  2. b

     does not identify a local planning authority in Wales as such an authority.

14

The Secretary of State may by order amend this section so as to modify the definition of “affordable housing requirement” in subsection (13).

15

An order under subsection (14) may have effect for the purposes of planning obligations entered into before (as well as after) its coming into force.

16

The Mayor of London must consult the local planning authority before exercising any function under this section.

106BBDuty to notify the Mayor of London of certain applications under section 106BA

1

This section applies to an application under section 106BA(2) in relation to a planning obligation where—

a

the application for the planning permission to which the planning obligation relates was an application to which section 2A applied (applications of potential strategic importance relating to land in Greater London),

b

the application for planning permission was not determined by the Mayor of London, and

c

pursuant to an order under section 2A or a development order, the local planning authority that determined the application for planning permission were required to consult the Mayor of London in relation to that determination.

2

A local planning authority that receive an application to which this section applies must send a copy of the application to the Mayor of London before the end of the next working day following the day on which the application was received.

In this subsection, “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

3

The Mayor of London must notify the local planning authority before the end of the period of 7 days beginning with the day on which the application was received by the authority whether the Mayor intends to make representations about the application.

4

Where pursuant to subsection (3) the Mayor of London notifies the local planning authority that the Mayor intends to make representations, those representations must be made before—

a

the end of the period of 14 days beginning with the day on which the application was received by the authority, or

b

the end of such longer period as may be agreed in writing between the authority and the Mayor.

5

Where this section applies, section 106BA(9)(b) applies as if it required an authority to give notice of their determination to an applicant within—

a

the period of 35 days beginning with the day on which the application was received by the authority, or

b

such longer period as is agreed in writing between the applicant and the authority.

106BCAppeals in relation to applications under section 106BA

1

Where an authority other than the Secretary of State—

a

fail to give notice as mentioned in section 106BA(9),

b

determine under section 106BA that a planning obligation is to continue to have effect without modification, or

c

determine under that section that a planning obligation is to be modified otherwise than in accordance with an application under that section,

the applicant may appeal to the Secretary of State.

2

For the purposes of an appeal under subsection (1)(a), it is to be assumed that the authority have determined that the planning obligation is to continue to have effect without modification.

3

An appeal under this section must be made by notice served within such period as may be prescribed by the Secretary of State.

4

If no period is prescribed under subsection (3), an appeal under this section must be made—

a

in relation to an appeal under subsection (1)(a), within the period of 6 months beginning with the expiry of the period mentioned in section 106BA(9) that applies in the applicant's case, or

b

otherwise, within the period of 6 months beginning with the date on which notice of the determination is given to the applicant under section 106BA(9).

5

An appeal under this section must be made by notice served in such manner as may be prescribed by the Secretary of State.

6

Subsections (3) to (8), (10) and (11) of section 106BA apply in relation to an appeal under this section as they apply in relation to an application to an authority under that section, subject to subsections (7) to (15) below.

7

References to the affordable housing requirement or the planning obligation are to the requirement or obligation as it stood immediately before the application under section 106BA to which the appeal relates.

8

References to the first, the second or a subsequent application in relation to a planning obligation are to an appeal under this section against a determination on the first, the second or a subsequent application in relation to the obligation (whether or not it is the first such appeal).

9

Section 106BA(5)(d) (discharge of affordable housing requirement) does not apply in relation to an appeal under this section.

10

Subsection (11) applies if, on an appeal under this section, the Secretary of State—

a

does not uphold the determination under section 106BA to which the appeal relates (if such a determination has been made), and

b

determines that the planning obligation is to be modified in accordance with section 106BA(5)(a), (b) or (c).

11

The Secretary of State must also determine that the planning obligation is to be modified so that it provides that, if the development has not been completed before the end of the relevant period, the obligation is treated as containing the affordable housing requirement or requirements it contained immediately before the first application under section 106BA in relation to the obligation, subject to the modifications within subsection (12).

12

Those modifications are—

a

the modifications necessary to ensure that, if the development has been commenced before the end of the relevant period, the requirement or requirements apply only in relation to the part of the development that is not commenced before the end of that period, and

b

such other modifications as the Secretary of State considers necessary or expedient to ensure the effectiveness of the requirement or requirements at the end of that period.

13

In subsections (11) and (12) “relevant period” means the period of three years beginning with the date when the applicant is notified of the determination on the appeal.

14

Section 106BA and this section apply in relation to a planning obligation containing a provision within subsection (11) as if—

a

the provision were an affordable housing requirement, and

b

a person against whom the obligation is enforceable were a person against whom that requirement is enforceable.

15

If subsection (11) applies on an appeal relating to a planning obligation that already contains a provision within that subsection—

a

the existing provision within subsection (11) ceases to have effect, but

b

that subsection applies again to the obligation.

16

The determination of an appeal by the Secretary of State under this section is to be final.

17

Schedule 6 applies to appeals under this section.

18

In the application of Schedule 6 to an appeal under this section in a case where the authority mentioned in subsection (1) is the Mayor of London, references in that Schedule to the local planning authority are references to the Mayor of London.

3A

The Secretary of State may give consent under subsection (3)—

a

in relation to any particular disposal or disposals, or in relation to a particular class of disposals,

b

in relation to local authorities generally, or local authorities of a particular class, or to any particular local authority or authorities, and

c

either unconditionally or subject to conditions (either generally, or in relation to any particular disposal or disposals or class of disposals).

9

Section 128(2) of the Local Government Act 1972 (which already gives protection to purchasers etc in respect of certain land transactions, including disposals under this section by certain authorities) applies in relation to every disposal of land under this section by a local authority for an area in England; and section 29 of the Town and Country Planning Act 1959 does not apply in relation to such a disposal.

ba

the need to promote economic growth in the United Kingdom;

2A

Subsection (2B) applies if—

a

the Secretary of State has complied with subsection (2)(b) in connection with any particular exercise before 6 April 2018 of the power to make regulations under this section, and

b

the regulations in question are expressed to cease to have effect (other than for transitional purposes) before that date.

2B

The Secretary of State is to be treated as also having complied with any duty imposed in connection with that exercise of that power by any of the following—

• section 11A(2) of the National Parks and Access to the Countryside Act 1949;

• section 85(1) of the Countryside and Rights of Way Act 2000;

• section 17A(1) of the Norfolk and Suffolk Broads Act 1988;

• section 14 of the National Parks (Scotland) Act 2000 (asp 10);

• Article 4(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (N.I. 1)).

1A

Where—

a

the Welsh Ministers would, if planning permission for any development had been granted under Part 3, have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, and

b

subsection (2), (3) or (4) applies,

then, notwithstanding that such permission has not been granted, the Welsh Ministers may publish notice of the draft of such an order in accordance with section 252.

1A

Subject to section 259, a competent authority may by order authorise the stopping up or diversion in England of any footpath, bridleway or restricted byway if they are satisfied that—

a

an application for planning permission in respect of development has been made under Part 3, and

b

if the application were granted it would be necessary to authorise the stopping up or diversion in order to enable the development to be carried out.

1A

An order under section 257(1A) may not be confirmed unless the Secretary of State or (as the case may be) the authority is satisfied—

a

that planning permission in respect of the development has been granted, and

b

it is necessary to authorise the stopping up or diversion in order to enable the development to be carried out in accordance with the permission.

6A

Where the land is in England—

a

a map deposited under subsection (6)(a) and a statement deposited under subsection (6)(b) must be in the prescribed form,

b

a declaration is in valid form for the purposes of subsection (6) if it is in the prescribed form, and

c

the relevant number of years for the purposes of sub-paragraphs (i) and (ii) of subsection (6) is 20 years.

6B

Where the land is in Wales—

a

a map deposited under subsection (6)(a) must be on a scale of not less than 6 inches to 1 mile,

b

a declaration is in valid form for the purposes of subsection (6) if it is a statutory declaration, and

c

the relevant number of years for the purposes of sub-paragraphs (i) and (ii) of subsection (6) is 10 years.

6C

Where, under subsection (6), an owner of land in England deposits a map and statement or lodges a declaration, the appropriate council must take the prescribed steps in relation to the map and statement or (as the case may be) the declaration and do so in the prescribed manner and within the prescribed period (if any).

13

The Secretary of State may make regulations for the purposes of the application of subsection (6) to land in England which make provision—

a

for a statement or declaration required for the purposes of subsection (6) to be combined with a statement required for the purposes of section 15A of the Commons Act 2006;

b

as to the fees payable in relation to the depositing of a map and statement or the lodging of a declaration (including provision for a fee payable under the regulations to be determined by the appropriate council).

14

For the purposes of the application of this section to land in England “prescribed” means prescribed in regulations made by the Secretary of State.

15

Regulations under this section made by the Secretary of State may make—

a

such transitional or saving provision as the Secretary of State considers appropriate;

b

different provision for different purposes or areas.

3A

In subsection (3), “the relevant period” means—

a

in the case of an application relating to land in England, the period of one year beginning with the cessation mentioned in subsection (3)(b);

b

in the case of an application relating to land in Wales, the period of two years beginning with that cessation.

15CRegistration of greens: exclusions

1

The right under section 15(1) to apply to register land in England as a town or village green ceases to apply if an event specified in the first column of the Table set out in Schedule 1A has occurred in relation to the land (“a trigger event”).

2

Where the right under section 15(1) has ceased to apply because of the occurrence of a trigger event, it becomes exercisable again only if an event specified in the corresponding entry in the second column of the Table occurs in relation to the land ( “ a terminating event ”).

3

The Secretary of State may by order make provision as to when a trigger or a terminating event is to be treated as having occurred for the purposes of this section.

4

The Secretary of State may by order provide that subsection (1) does not apply in circumstances specified in the order.

5

The Secretary of State may by order amend Schedule 1A so as to—

a

specify additional trigger or terminating events;

b

amend or omit any of the trigger or terminating events for the time being specified in the Schedule.

6

A trigger or terminating event specified by order under subsection (5)(a) must be an event related to the development (whether past, present or future) of the land.

7

The transitional provision that may be included in an order under subsection (5)(a) specifying an additional trigger or terminating event includes provision for this section to apply where such an event has occurred before the order is made or before it comes into force and as to its application in such a case.

8

For the purposes of determining whether an application under section 15 is made within the period mentioned in section 15(3)(c), any period during which an application to register land as a town or village green may not be made by virtue of this section is to be disregarded.

36CVariation of consents under section 36

1

The person for the time being entitled to the benefit of a section 36 consent may make an application to the appropriate authority for the consent to be varied.

2

Regulations may make provision about the variation of a section 36 consent, including in particular provision about—

a

the making and withdrawal of applications;

b

fees;

c

publicity and consultation requirements;

d

rights to make representations;

e

public inquiries;

f

consideration of applications.

3

Regulations under subsection (2) may provide for any statutory provision applicable to the grant of a section 36 consent to apply with specified modifications to the variation of a section 36 consent.

4

On an application for a section 36 consent to be varied, the appropriate authority may make such variations to the consent as appear to the authority to be appropriate, having regard (in particular) to—

a

the applicant's reasons for seeking the variation;

b

the variations proposed;

c

any objections made to the proposed variations, the views of consultees and the outcome of any public inquiry.

5

Regulations may make provision treating, for prescribed purposes, a section 36 consent varied under this section as granted in its varied form when the original consent was granted (rather than when the variation was made).

6

In this section—

• “the appropriate authority” means—

  1. a

     the Scottish Ministers, in a case where the section 36 consent relates to a generating station (or proposed generating station) in Scotland;

  2. b

     the Marine Management Organisation, in a case where the section 36 consent was granted by it;

  3. c

     the Secretary of State, in any other case;

• “regulations” means regulations made by—

  1. a

     the Scottish Ministers, in the case of section 36 consents relating to generating stations (or proposed generating stations) in Scotland;

  2. b

     the Secretary of State, in any other case;

• “Scotland” has the same meaning as in section 32(2) (see section 32(3));

• “section 36 consent” means a consent granted under section 36 (construction, extension or operation of generating station), whenever granted;

• “statutory provision” means a provision of or made under an Act, whenever passed or made; and for this purpose “Act” includes an Act of the Scottish Parliament.

2

On granting or varying a consent under section 36 or 37 of the Electricity Act 1989 in relation to a generating station or electric line in England or Wales, the Secretary of State may give a direction for planning permission to be deemed to be granted, subject to such conditions (if any) as may be specified in the direction, for—

a

so much of the operation or change of use to which the consent relates as constitutes development;

b

any development ancillary to the operation or change of use to which the consent relates.

2ZA

On varying a consent under section 36 or 37 of the Electricity Act 1989 in relation to a generating station or electric line in England or Wales, the Secretary of State may give one or more of the following directions (instead of, or as well as, a direction under subsection (2))—

a

a direction for an existing planning permission deemed to be granted by virtue of a direction under subsection (2) (whenever made) to be varied as specified in the direction;

b

a direction for any conditions subject to which any such existing planning permission was deemed to be granted to be varied as specified in the direction;

c

a direction for any consent, agreement or approval given in respect of a condition subject to which any such existing planning permission was deemed to be granted to be treated as given in respect of a condition subject to which a new or varied planning permission is deemed to be granted.

5

In subsection (2), the reference to ancillary development, in the case of a consent relating to the extension of a generating station, does not include any development which is not directly related to the generation of electricity by that station.

6

In this section, references to England or Wales include—

a

waters adjacent to England or Wales up to the seaward limits of the territorial sea, and

b

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

7

In this section “electric line”, “extension”, “generating station” and “Renewable Energy Zone” have the same meanings as in Part 1 of the Electricity Act 1989.

2

On granting or varying a consent under section 36 or 37 of the Electricity Act 1989, the Scottish Ministers may give a direction for planning permission to be deemed to be granted, subject to such conditions (if any) as may be specified in the direction, for—

a

so much of the operation or change of use to which the consent relates as constitutes development;

b

any development ancillary to the operation or change of use to which the consent relates.

2ZA

On varying a consent under section 36 or 37 of the Electricity Act 1989, the Scottish Ministers may give one or more of the following directions (instead of, or as well as, a direction under subsection (2))—

a

a direction for an existing planning permission deemed to be granted by virtue of a direction under subsection (2) (whenever made) to be varied as specified in the direction;

b

a direction for any conditions subject to which any such existing planning permission was deemed to be granted to be varied as specified in the direction;

c

a direction for any consent, agreement or approval given in respect of a condition subject to which any such existing planning permission was deemed to be granted to be treated as given in respect of a condition subject to which a new or varied planning permission is deemed to be granted.

237AVariation and replacement of section 33 consents: transitional provision

1

This section applies where a section 33 consent (“the original consent”) has been granted or made as a result of an application made before Part 4 came into force.

2

Nothing in section 33 prevents the original consent, or a section 33 consent that replaces it, from being varied or replaced.

3

If the original consent, or a section 33 consent that replaces it, is varied or replaced, section 31 does not apply to the development to which the consent as varied, or the replacement consent, relates (and so development consent is not required for that development).

4

A section 33 consent replaces an earlier section 33 consent for the purposes of this section if (but only if)—

a

it is granted or made on an application for consent for development without complying with conditions subject to which the earlier section 33 consent was granted or made, and

b

it is granted subject to, or made on, different conditions, or unconditionally.

5

In this section “section 33 consent” means a consent, authorisation, order, notice or scheme mentioned in section 33(1), (2) or (4).

3A

In a case to which this section applies and to which section 131 or 132 also applies, special parliamentary procedure—

a

may be required by subsection (2) whether or not also required by section 131(3) or 132(2), and

b

may be required by section 131(3) or 132(2) whether or not also required by subsection (2).

3

In this Act “special-acquisition provision” means—

a

section 130, 131 or 132 of the Planning Act 2008 (certain orders granting development consent which also authorise compulsory acquisition of, or of rights over, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment),

b

section 17, 18 or 19 of, or paragraph 4, 5 or 6 of Schedule 3 to, the Acquisition of Land Act 1981 (certain compulsory purchase orders which authorise compulsory acquisition of, or of rights over, land of a local authority or statutory undertaker, inalienable National Trust land, or land forming part of a common, open space or fuel or field garden allotment),

c

paragraph 22 of Schedule 3 to the Harbours Act 1964 (harbour revision or empowerment order authorising compulsory purchase of, or of rights over, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment),

d

paragraph 12 or 13 of Schedule 4 to the New Towns Act 1981 (order authorising compulsory purchase of local authority land, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment), or

e

section 12 of the Transport and Works Act 1992 (order authorising compulsory purchase of, or of rights over, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment).

4

A reference in this Act to land to which a special-acquisition provision applies is to be read as follows—

a

“land” has the same meaning as it has for the purposes of the special-acquisition provision, and

b

in the case of a special-acquisition provision mentioned in subsection (3)(c) or (e), the reference is to—

i

land (as so defined) belonging to the National Trust which is held by the Trust inalienably, or

ii

land (as so defined) forming part of a common, open space or fuel or field garden allotment.

5

The definition of “the National Trust” given by section 7(1) of the Acquisition of Land Act 1981, and section 18(3) of that Act (meaning of “held inalienably”), apply for the purposes of subsection (4)(b)(i).

6

In subsection (4)(b)(ii) “common”, “fuel or field garden allotment” and “open space” have the same meaning as in section 19 of that Act.

1AOrder subject to special parliamentary procedure only so far as authorising certain acquisitions of land or rights

1

Where under a special-acquisition provision an order is subject to special parliamentary procedure so far as the order authorises compulsory acquisition of, or of a right over, land to which that provision applies, sections 3 to 7 of this Act apply in relation to the order with the modifications specified in subsections (3) to (19).

2

Where those sections apply with those modifications in relation to an order, in subsections (3) to (19) “the special authorisation” means the order so far as it authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies.

3

In section 3(1) the reference to a petition duly presented against the order is to be read as a reference to a petition duly presented against the special authorisation.

4

In section 3(2)—

a

the reference to petitions against an order to which this Act applies is to be read as a reference to petitions against the special authorisation, and

b

in paragraphs (a) and (b) a reference to the order is to be read as a reference to the special authorisation.

5

In section 3(4) a reference to the order is to be read as a reference to the special authorisation.

6

In section 3(4A)—

a

the reference in the opening words to the order to which a petition relates is to be read as a reference to the order containing the special authorisation to which a petition relates, and

b

in paragraph (a) the reference to the order being one that relates to proposals of the kind mentioned is to be read as a reference to the Chairmen being of the opinion that removal of the special authorisation from the order would be inconsistent with proposals of that kind.

7

In section 3(5)—

a

the reference to every order to which this Act applies is to be read as a reference to the special authorisation, and

b

the reference to every such report is to be read as a reference to the report of the Chairmen in respect of the special authorisation.

8

In section 4(1)—

a

the reference to any order to which this Act applies is to be read as a reference to the special authorisation,

b

the reference to resolving that an order be annulled is to be read as a reference to resolving that the special authorisation be annulled,

c

the reference to an order becoming void is to be read as a reference to the special authorisation becoming void, and

d

the reference to taking no further proceedings on an order is to be read as a reference to taking no further proceedings on the special authorisation.

9

In section 4(2) the reference to the order is to be read as a reference to the special authorisation.

10

In section 4(3)—

a

the reference to neither House resolving that the order be annulled is to be read as a reference to neither House resolving that the special authorisation be annulled, and

b

the reference to petitions relating to the order is to be read as a reference to petitions relating to the special authorisation.

11

Section 4 is to be read as if after subsection (3) there were inserted—

4

Where either House resolves during the resolution period that the special authorisation be annulled, the Minister is to either—

a

withdraw the order by notice given in the prescribed manner, or

b

cause the order to be submitted to Parliament for further consideration by means of a Bill for the confirmation of the order.

5

A Bill presented for the purposes of subsection (4)(b) must set out the order as laid before Parliament under section 1(2) of this Act, and any such Bill is to be treated as a public bill, except that—

a

where a petition for amendment of the special authorisation was certified as proper to be received, the Bill—

i

after being read a second time in the House in which it is presented, is to be referred to a joint committee of both Houses for the purposes of the consideration of that petition,

ii

after it has been reported by the joint committee, is to be ordered to be considered in the House in which it is presented as if it had been reported by a committee of that House, and

iii

when it has been read a third time and passed in that House, is to be treated as having passed through all its stages up to and including committee in the second House;

b

where no such petition has been so certified—

i

the Bill is after its presentation to be treated as having passed all its stages up to and including committee in the House in which it is presented,

ii

the Bill is to be ordered to be considered in that House as if it had been reported from a committee of that House, and

iii

when the Bill has been read a third time and passed in that House, the like proceedings are to be taken on the Bill in the second House.

12

In section 5(1)—

a

the reference to any petition against an order to which this Act applies is to be read as a reference to any petition against the special authorisation,

b

the reference to the order standing referred to a committee is to be read as a reference to the special authorisation standing referred to that committee, and

c

the reference to the committee's power to report the order is to be read as a reference to the committee's power to report the special authorisation.

13

In section 5(2) a reference to the order is to be read as a reference to the special authorisation.

14

In section 5(3) the reference to any order to which this Act applies is to be read as a reference to the special authorisation.

15

In section 6(1) the reference to an order to which this Act applies being reported without amendment is to be read as a reference to the special authorisation being reported without amendment.

16

In section 6(2) the reference to any such order being reported with amendments is to be read as a reference to the special authorisation being reported with amendments.

17

In section 6(3) the reference to it being reported, with respect to any such order, that the order be not approved is to be read as a reference to it being reported that the special authorisation be not approved.

18

In section 6(5)—

a

the requirement for a Bill to set out the order as referred to the joint committee is to be read as a requirement for the Bill to set out the order as laid under section 1(2) of this Act, and

b

in paragraph (a) the reference to a petition for amendment of the order is to be read as a petition for amendment of the special authorisation.

19

In section 7 a reference to an order to which this Act applies is to be read as a reference to the special authorisation.

9AStanding Orders in cases where section 1A applies

1

In this section, a reference to a special-acquisition order is to an order which, under a special-acquisition provision, is subject to special parliamentary procedure so far as it authorises compulsory acquisition of, or of a right over, land to which that provision applies.

2

A reference in section 9(a) or (d) of this Act to an order to which this Act applies is, in the case of a special-acquisition order, to be read as a reference to that order so far as it authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies.

3

The reference in section 9(f) of this Act to any order is, in the case of a special-acquisition order, to be read as a reference to that order so far as it authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies.

4

The reference in section 9(g) of this Act to section 6 of this Act is to be read as a reference to section 4 or 6 of this Act.

5

Where Standing Orders of either House of Parliament make provision that relates to orders to which this Act applies and is for a purpose mentioned in section 9 then, unless the Standing Orders provide otherwise, the provision applies in relation to a special-acquisition order only so far as the order authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies.

“Special-acquisition provision” has the meaning given by section 1(3) of this Act;

35Directions in relation to projects of national significance

1

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

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

2

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

a

the development is or forms part of—

i

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

ii

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

b

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

c

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

i

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

ii

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

3

The areas are—

a

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

b

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

4

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

a

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

b

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

5

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

35ZADirections under sections 35: procedural matters

1

The power in section 35(1) to give a direction in a case within section 35(2)(a)(i) (projects in the field of energy etc) is exercisable only in response to a qualifying request if no application for a consent or authorisation mentioned in section 33(1) or (2) has been made in relation to the development to which the request relates.

2

The power in section 35(1) to give a direction in a case within section 35(2)(a)(ii) (business or commercial projects of prescribed description) is exercisable only in response to a qualifying request made by one or more of the following—

a

a person who proposes to carry out any of the development to which the request relates;

b

a person who has applied, or proposes to apply, for a consent or authorisation mentioned in section 33(1) or (2) in relation to any of that development;

c

a person who, if a direction under section 35(1) is given in relation to that development, proposes to apply for an order granting development consent for any of that development.

3

If the Secretary of State gives a direction under section 35(1) in relation to development, the Secretary of State may—

a

if an application for a consent or authorisation mentioned in section 33(1) or (2) has been made in relation to the development, direct the application to be treated as an application for an order granting development consent;

b

if a person proposes to make an application for such a consent or authorisation in relation to the development, direct the proposed application to be treated as a proposed application for development consent.

4

A direction under section 35(1), or subsection (3) of this section, may be given so as to apply for specified purposes or generally.

5

A direction under subsection (3) may provide for specified provisions of or made under this or any other Act—

a

to have effect in relation to the application, or proposed application, with any specified modifications, or

b

to be treated as having been complied with in relation to the application or proposed application.

6

If the Secretary of State gives a direction under subsection (3), the relevant authority must refer the application, or proposed application, to the Secretary of State instead of dealing with it themselves.

7

If the Secretary of State is considering whether to give a direction under subsection (3), the Secretary of State may direct the relevant authority to take no further action in relation to the application, or proposed application, until the Secretary of State has decided whether to give the direction.

8

The Secretary of State may require an authority within subsection (9) 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 section 35(1), and

b

the terms in which such a direction should be given.

9

An authority is within this subsection if an application for a consent or authorisation mentioned in section 33(1) or (2) in relation to the development has been, or may be, made to it.

10

If the Secretary of State decides to give a direction under section 35(1), the Secretary of State must give reasons for the decision.

11

In this section—

• “qualifying request” means a written request, for a direction under section 35(1) or subsection (3) of this section, that—

  1. a

     specifies the development to which it relates, and

  2. b

     explains why the conditions in section 35(2)(a) and (b) are met in relation to the development;

• “relevant authority”—

  1. a

     in relation to an application for a consent or authorisation mentioned in section 33(1) or (2) that has been made, means the authority to which the application was made, and

  2. b

     in relation to such an application that a person proposes to make, means the authority to which the person proposes to make the application.

2A

Subsection (2) does not apply to an order that includes provision authorising other charges in respect of the use or keeping of motor vehicles on roads.

2B

In subsection (2A)—

• “motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exceptions: certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road Traffic Acts;

• “road” has the meaning given in section 142(1) of the Road Traffic Regulation Act 1984.

2B

In relation to a function listed in subsection (2C), subsection (2) has effect—

a

as if paragraph (b) referred only to members of staff appointed under section 67(1), and

b

with the omission of paragraphs (c) to (f).

2C

The functions referred to in subsection (2B) are—

a

the function of giving a direction under section 2A(1) or (1B) of the Town and Country Planning Act 1990 (call-in of planning applications by the Mayor), and

b

the function of determining an application by virtue of section 2A or 2B of that Act.

2A

In the case of a billing authority in England—

a

subsection (2) does not require a list to be compiled on 1 April 2015 and on 1 April in every fifth year afterwards, and

b

a list must instead be compiled on 1 April 2017 and on 1 April in every fifth year afterwards.

2A

In the application of this section to England—

a

subsection (2) does not require a list to be compiled on 1 April 2015 and on 1 April in every fifth year afterwards, and

b

a list must instead be compiled on 1 April 2017 and on 1 April in every fifth year afterwards.

54APostponement of compilation of Welsh lists for 2015 onwards

1

The Welsh Ministers may by order provide that the lists to which this section applies must be compiled on a date specified in the order (“the specified date”) rather than on 1 April 2015.

2

The lists to which this section applies are—

a

each local non-domestic rating list that would otherwise have to be compiled on 1 April 2015 for a billing authority in Wales, and

b

the central non-domestic rating list that would otherwise have to be compiled for Wales on that date.

3

The specified date must be 1 April in 2016, 2017, 2018, 2019 or 2020; and the same date must be specified for each list to which this section applies.

4

If an order has effect under this section, section 41 (local rating lists) applies in relation to billing authorities in Wales as if subsection (2)—

a

did not require a list to be compiled on 1 April 2015 and on 1 April in every fifth year afterwards, but

b

instead required a list to be compiled on the specified date and on 1 April in every fifth year afterwards.

5

If an order has effect under this section, section 52 (central rating lists) applies in relation to Wales as if subsection (2)—

a

did not require a list to be compiled on 1 April 2015 and on 1 April in every fifth year afterwards, but

b

instead required a list to be compiled on the specified date and on 1 April in every fifth year afterwards.

9

This section in its application to Wales is subject to section 54A (postponement of compilation of Welsh lists for 2015 onwards).

8

This section in its application to Wales is subject to section 54A (postponement of compilation of Welsh lists for 2015 onwards).

3C

The power to make an order under section 54A is exercisable by statutory instrument, and no such order is to be made unless a draft of the order has been laid before and approved by resolution of the National Assembly for Wales.

Employee shareholder status

205AEmployee shareholders

1

An individual who is or becomes an employee of a company is an “ employee shareholder ” if—

a

the company and the individual agree that the individual is to be an employee shareholder,

b

in consideration of that agreement, the company issues or allots to the individual fully paid up shares in the company, or procures the issue or allotment to the individual of fully paid up shares in its parent undertaking, which have a value, on the day of issue or allotment, of no less than £2,000,

c

the company gives the individual a written statement of the particulars of the status of employee shareholder and of the rights which attach to the shares referred to in paragraph (b) (“the employee shares”) (see subsection (5)), and

d

the individual gives no consideration other than by entering into the agreement.

2

An employee who is an employee shareholder does not have—

a

the right to make an application under section 63D (request to undertake study or training),

b

the right to make an application under section 80F (request for flexible working),

c

the right under section 94 not to be unfairly dismissed, or

d

the right under section 135 to a redundancy payment.

3

The following provisions are to be read in the case of an employee who is an employee shareholder as if for “8 weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”—

a

regulation 11 of the Maternity and Parental Leave etc. Regulations 1999 (S.I. 1999/3312) (requirement for employee to notify employer of intention to return to work during maternity leave period), and

b

regulation 25 of the Paternity and Adoption Leave Regulations 2002 (S.I. 2002/2788) (corresponding provision for adoption leave).

4

Regulation 30 of the Additional Paternity Leave Regulations 2010 (S.I. 2010/1055) (requirement for employee to notify employer of intention to return to work during additional paternity leave period) is to be read in the case of an employee who is an employee shareholder as if for “six weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”.

5

The statement referred to in subsection (1)(c) must—

a

state that, as an employee shareholder, the individual would not have the rights specified in subsection (2),

b

specify the notice periods that would apply in the individual's case as a result of subsections (3) and (4),

c

state whether any voting rights attach to the employee shares,

d

state whether the employee shares carry any rights to dividends,

e

state whether the employee shares would, if the company were wound up, confer any rights to participate in the distribution of any surplus assets,

f

if the company has more than one class of shares and any of the rights referred to in paragraphs (c) to (e) attach to the employee shares, explain how those rights differ from the equivalent rights that attach to the shares in the largest class (or next largest class if the class which includes the employee shares is the largest),

g

state whether the employee shares are redeemable and, if they are, at whose option,

h

state whether there are any restrictions on the transferability of the employee shares and, if there are, what those restrictions are,

i

state whether any of the requirements of sections 561 and 562 of the Companies Act 2006 are excluded in the case of the employee shares (existing shareholders' right of pre-emption), and

j

state whether the employee shares are subject to drag-along rights or tag-along rights and, if they are, explain the effect of the shares being so subject.

6

Agreement between a company and an individual that the individual is to become an employee shareholder is of no effect unless, before the agreement is made—

a

the individual, having been given the statement referred to in subsection (1)(c), receives advice from a relevant independent adviser as to the terms and effect of the proposed agreement, and

b

seven days have passed since the day on which the individual receives the advice.

7

Any reasonable costs incurred by the individual in obtaining the advice (whether or not the individual becomes an employee shareholder) which would, but for this subsection, have to be met by the individual are instead to be met by the company.

8

The reference in subsection (2)(b) to making an application under section 80F does not include a reference to making an application within the period of 14 days beginning with the day on which the employee shareholder returns to work from a period of parental leave under regulations under section 76.

9

The reference in subsection (2)(c) to unfair dismissal does not include a reference to a dismissal—

a

which is required to be regarded as unfair for the purposes of Part 10 by a provision (whenever made) contained in or made under this or any other Act, or

b

which amounts to a contravention of the Equality Act 2010.

10

The reference in subsection (2)(c) to the right not to be unfairly dismissed does not include a reference to that right in a case where section 108(2) (health and safety cases) applies.

11

The Secretary of State may by order amend subsection (1) so as to increase the sum for the time being specified there.

12

The Secretary of State may by regulations provide that any agreement for a company to buy back from an individual the shares referred to in subsection (1)(b) in the event that the individual ceases to be an employee shareholder or ceases to be an employee must be on terms which meet the specified requirements.

13

In this section—

• “company” means—

  1. a

     a company or overseas company (within the meaning, in each case, of the Companies Act 2006) which has a share capital, or

  2. b

     a European Public Limited-Liability Company (or Societas Europaea) within the meaning of Council Regulation 2157/2001/EC of 8 October 2001 on the Statute for a European company;

• “drag-along rights”, in relation to shares in a company, means the right of the holders of a majority of the shares, where they are selling their shares, to require the holders of the minority to sell theirs;

• “parent undertaking” has the same meaning as in the Companies Act 2006;

• “relevant independent adviser” has the meaning that it has for the purposes of section 203(3)(c);

• “tag-along rights”, in relation to shares in a company, means the right of the holders of a minority of the shares to sell their shares, where the holders of the majority are selling theirs, on the same terms as those on which the holders of the majority are doing so.

14

The reference in this section to the value of shares in a company is a reference to their market value within the meaning of the Taxation of Chargeable Gains Act 1992 (see sections 272 and 273 of that Act).

47GEmployee shareholder status

1

An employee has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the employee refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A).

2

This section does not apply if the detriment in question amounts to dismissal within the meaning of Part 10.

104GEmployee shareholder status

An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A).

gm

section 104G applies,