Planning Act 2008

[F1 35B Directions disapplying requirement for development consent E+W+S

(1) The Secretary of State may give a direction that development consent is not required for development specified in the direction.

This is subject to subsections (2) and (4).

(2) The Secretary of State may give a direction only if—

(a) the Secretary of State considers that it is appropriate for an alternative consenting regime to apply in relation to the development, rather than this Act,

(b) no application for an order granting development consent for the development has been made, and

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

(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 development that is or forms part 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 only if—

(a) the conditions in subsection (5) are satisfied,

(b) the conditions in subsection (6) are satisfied,

(c) the Secretary of State is the person who proposes to carry out the development, or

(d) the Secretary of State considers that the appropriate alternative consenting regime for the development is that under section 59 of TCPA 1990 (development orders).

(5) The conditions referred to in subsection (4)(a) are that—

(a) the Secretary of State receives a written request for a direction from a qualifying person,

(b) the request specifies the development to which it relates,

(c) the request identifies the appropriate alternative consenting regime for the development,

(d) the request explains why the person making the request considers that it is appropriate for that alternative consenting regime to apply in relation to the development, and

(e) the request includes evidence showing that the alternative consenting authority is aware of the intention to request a direction specifying the development.

(6) The conditions referred to in subsection (4)(b) are that—

(a) the Secretary of State receives a written request for a direction from a person who has power to make a local development order, a Mayoral development order or a simplified planning zone scheme,

(b) the request specifies the development to which it relates, and

(c) the request indicates that the person making the request considers that the appropriate alternative consenting regime for the development is that under section 61A (local development orders), 61DA (Mayoral development orders) or 82 (simplified planning zone schemes) of TCPA 1990 (as the case may be), giving reasons for that view.

(7) The condition in subsection (2)(b) is to be regarded as met in relation to development if an application for an order granting development consent for the development is made during the period beginning with the day on which this Act is passed and ending with the day on which this section comes into force.

(8) For the purposes of this section—

(a) an “alternative consenting regime” for development means a regime set out in legislation other than this Act under which, if development consent were not required for the development, a specified person would have power to authorise the development, and

(b) the person referred to in paragraph (a) is the “alternative consenting authority” in relation to that regime.

(9) In this section—

• “direction” means a direction under subsection (1);

• “legislation” means an Act or an instrument made under an Act;

• “local development order” has the meaning given in section 61A of TCPA 1990;

• “Mayoral development order” has the meaning given in section 61DA of TCPA 1990;

• “qualifying person” means—

  (a)

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

  (b)

  a person who, if a direction were given specifying the development, proposes to apply to an alternative consenting authority in relation to the development;

• “simplified planning zone scheme” has the same meaning as in TCPA 1990 (see section 82 of that Act).]

Textual Amendments

F1 Ss. 35B-35D inserted (24.7.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 4(4), 118(1)(c) (with s. 116); S.I. 2026/641, reg. 3(a)