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Planning Act 2008 is up to date with all changes known to be in force on or before 07 October 2024. There are changes that may be brought into force at a future date.
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 affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Part 3 Nationally significant infrastructure projects
Part 6 Deciding applications for orders granting development consent
Chapter 3 The single-appointed-person procedure
Chapter 4 Examination of applications under Chapter 2 or 3
86.Chapter applies to examination by Panel or single appointed person
87.Examining authority to control examination of application
89.Examining authority's decisions about how application is to be examined
99.Completion of Examining authority's examination of application
102.Interpretation of Chapter 4: “interested party” and other expressions
102A.Persons in certain categories may ask to become interested parties etc
Part 7 Orders granting development consent
122.Purpose for which compulsory acquisition may be authorised
123.Land to which authorisation of compulsory acquisition can relate
128.Local authority and statutory undertakers' land: general
129.Local authority and statutory undertakers' land: acquisition by public body
131.Commons, open spaces etc: compulsory acquisition of land
132.Commons, open spaces etc: compulsory acquisition of rights over land
133.Rights in connection with underground gas storage facilities
137.Public rights of way: statutory undertakers' apparatus etc.
138.Extinguishment of rights, and removal of apparatus, of statutory undertakers etc.
148.Deemed consent under section 34 of the Coast Protection Act 1949
149.Deemed licences under Part 2 of the Food and Environment Protection Act 1985
152.Compensation in case where no right to claim in nuisance
SCHEDULES
Amendments consequential on development consent regime
Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
16.The Ancient Monuments and Archaeological Areas Act 1979 is amended...
17.In section 2(1) (offence of executing works affecting scheduled monuments...
18.In section 28(2) (offence of damaging ancient monuments: exception for...
19.In section 37 (exemptions from offence under section 35) after...
20.In section 61(1) (interpretation of Act) at the appropriate place...
22.In section 10 (general provision as to trunk roads) after...
24.In section 16 (general provision as to special roads) after...
25.In section 18 (supplementary orders relating to special roads) after...
26.In section 106 (orders and schemes providing for construction of...
27.In section 108 (power to divert navigable watercourses) after subsection...
28.In section 110 (power to divert non-navigable watercourses and to...
29.(1) Section 329(1) (further provision as to interpretation of Act)...
30.For section 337 (saving for obligation to obtain planning permission)...
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
Planning (Hazardous Substances) Act 1990 (c. 10)
43.In section 9(2)(c) (determination of applications for hazardous substances consent:...
44.In section 10(1) (conditions on grant of hazardous substances consent)...
45.(1) Section 12 (deemed hazardous substances consent: government authorisation) is...
46.In section 14(2)(b) (power to revoke or modify hazardous substances...
47.In section 39(1) (interpretation) at the appropriate place insert— “development...
Town and Country Planning (Scotland) Act 1997 (c. 8)
54.The Town and Country Planning (Scotland) Act 1997 is amended...
55.In section 28 (planning permission required for development) after subsection...
56.In section 160(6) (tree preservation orders: exemptions) after paragraph (b)...
57.(1) Section 172 (preservation of trees in conservation areas) is...
58.In section 277(1) (interpretation) at the appropriate place insert— “development...
Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10)
59.The Planning (Hazardous Substances) (Scotland) Act 1997 is amended as...
60.In section 7(2)(c) (determination of applications for hazardous substances consent:...
61.In section 8(1) (conditions on grant of hazardous substances consent)...
62.(1) Section 10 (deemed hazardous substances consent: government authorisation) is...
63.In section 12(2)(b) (power to revoke or modify hazardous substances...
64.In section 38(1) (interpretation) at the appropriate place insert— “development...
Examination of applications by Secretary of State
Correction of errors in development consent decisions
Provision relating to, or to matters ancillary to, development
2.The creation, suspension or extinguishment of, or interference with, interests...
3.The abrogation or modification of agreements relating to land.
4.Carrying out specified excavation, mining, quarrying or boring operations in...
10.The protection of the property or interests of any person....
11.The imposition or exclusion of obligations or liability in respect...
13.Cutting down, uprooting, topping or lopping trees or shrubs or...
16.The diversion of navigable or non-navigable watercourses.
18.Charging tolls, fares (including penalty fares) and other charges.
20.The specification of the classes of traffic authorised to use...
21.The appropriation of a highway for which the person proposing...
22.The transfer to the person proposing to construct or improve...
23.The specification of the highway authority for a highway.
25.Entering into an agreement for the provision of police services....
26.The discharge of water into inland waters or underground strata....
27.Deeming consent under section 34 of the Coast Protection Act...
28.Deeming any such conditions to have been imposed by the...
30.Deeming any such provisions to have been included in the...
30B.Deeming any such conditions to have been attached to the...
32A.The making of byelaws by any person and their enforcement....
32B.(1) The creation of offences within sub-paragraph (2) in connection...
33.The transfer of property, rights, liabilities, or functions.
34.The transfer, leasing, suspension, discontinuance and revival of undertakings.
Changes to, and revocation of, orders granting development consent
Tree preservation orders: further amendments
2.(1) Section 15 (trees subject to preservation orders under Planning...
3.In section 18 (felling directions), in subsection (5) for the...
4.In section 21 (courses open to person adversely affected by...
5.In section 35 (interpretation of Part 2) at the appropriate...
6.(1) Schedule 3 (proceedings under Town and Country Planning Acts...
Town and Country Planning Act 1990 (c. 8)
8.In section 198(7) (provisions subject to which section has effect),...
9.In section 200(1) (tree preservation orders do not affect things...
10.In section 202(2) (effect of order made by Secretary of...
12.In section 207(1) (enforcement of duties to replace trees), in...
13.(1) Section 210 (penalties for non-compliance with tree preservation order)...
14.In section 211 (preservation of trees in conservation areas)—
15.In section 212 (power to disapply section 211) omit subsection...
16.In section 213(1)(b) (duty to plant replacement tree in conservation...
17.In section 284(3)(h)(i) (decision relating to an application for consent...
18.In section 329(3B)(i) (section 329(1)(cc) does not apply to things...
19.In section 336(1) (interpretation) at the appropriate place insert— “tree...
Further provisions as to the procedure for certain proceedings
Town and Country Planning Act 1990 (c. 8)
2.In section 77 (reference of applications to Secretary of State)...
3.In section 78(5) (appeals against failure to take planning decisions)—...
4.In section 79 (determination of appeals under section 78) for...
5.In section 175 (supplementary provisions about appeals against enforcement notices)...
6.In section 176(4) (determination of appeals: disapplication of section 175(3))—...
7.In section 195(5) (appeals against failure to give decision on...
8.(1) Amend section 196 (further provision as to appeals to...
9.(1) Amend section 208 (appeals against notices under section 207)...
11.In section 322A (orders as to costs: supplementary) after subsection...
12.(1) Amend section 323 (procedure on certain appeals and applications)...
13.(1) Amend section 333 (regulations and orders) as follows.
14.(1) Amend Schedule 6 (determination of certain appeals by person...
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
16.In section 12 (reference of applications to Secretary of State)...
18.(1) Amend section 22 (determination of appeals under section 20)...
19.In section 40 (supplementary provisions about appeals against listed building...
20.In section 41(4) (determination of appeals: disapplication of section 40(2))—...
21.In section 74(3) (application of certain provisions in relation to...
22.In section 89 (application of certain general provisions of TCPA...
23.(1) Amend section 93 (regulations and orders) as follows.
24.(1) Amend Schedule 3 (determination of certain appeals by person...
Planning (Hazardous Substances) Act 1990 (c. 10)
26.In section 20 (reference of applications to Secretary of State)...
27.In section 21 (appeals against decisions or failure to take...
28.In section 25(1) (appeals against hazardous substances contravention notices)—
29.In section 37 (application of certain general provisions of TCPA...
30.(1) Amend the Schedule (determination of appeals by person appointed...
Application of Act to Scotland: modifications
5.Section 44 applies as if— (a) in subsection (2)(b), the...
6.Section 52 applies as if— (a) in subsection (2)(c), the...
8.Section 57 applies as if— (a) in subsection (2)(b), the...
9A.Section 102B applies as if— (a) in subsection (2)(b), the...
11.Section 127(8) applies as if, for the definition of “statutory...
12.Section 128(5) applies as if— (a) in the definition of...
17.Section 134 applies as if— (a) for subsection (4) there...
18.Section 138(4A) applies as if the reference to Part 11...
19.Section 151 applies as if— (a) for paragraph (c), there...
25.Section 229(5) applies as if the reference to section 233...
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