Search Legislation

Growth and Infrastructure Act 2013

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Growth and Infrastructure Act 2013, Section 26. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

26Bringing business and commercial projects within Planning Act 2008 regimeE+W

This section has no associated Explanatory Notes

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

(2)For section 35 substitute—

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—

    (a)

    specifies the development to which it relates, and

    (b)

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

  • “relevant authority”—

    (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

    (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.

(3)In section 35A (timetable for deciding request for direction under section 35), in subsection (5), in the definition of “qualifying request”, for “35(10)” substitute “ 35ZA(11) ”;

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

(a)in subsection (5)(e) (regulations not subject to negative procedure), after “section” insert “ 35(2)(a)(ii), ”;

(b)in subsection (7) (regulations subject to affirmative procedure), after “section” insert “ 35(2)(a)(ii), ”.

Back to top

Options/Help

Print Options

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