Part 4

Requirement for development consent

Directions in relation to projects of national significance
35
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.
S. 35 in force at 1.3.2010 by S.I. 2010/101, art. 3(c) (with art. 6)
Ss. 35, 35A substituted for s. 35 (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 26(2), 35(2)