Growth and Infrastructure Bill (HC Bill 104)

(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.

(1B) 5On varying a consent under section 36 or 37 of the Electricity Act 1989
in relation to a generating station or electric line in England, the
Secretary of State may give one or more of the following directions
(instead of, or as well as, a direction under subsection (1A))—

(a) a direction for an existing planning permission deemed to be
10granted by virtue of a direction under subsection (1A) or (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) 15a 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.”

(3) 20In subsection (2), after “1989” insert “in relation to a generating station or
electric line in Wales”.

(4) For subsection (5) substitute—

“(5) In subsections (1A) and (2), the references to ancillary development, in
the case of a consent relating to the extension of a generating station, do
25not include any development which is not directly related to the
generation of electricity by that station.

(6) In this section, references to England include—

(a) waters adjacent to England up to the seaward limits of the
territorial sea, and

(b) 30a 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
35Electricity Act 1989.”

(5) Section 57 of the Town and Country Planning (Scotland) Act 1997 (deemed
planning permission: development with government authorisation) is
amended as set out in subsections (6) and (7).

(6) For subsection (2) substitute—

“(2) 40On 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
45relates 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
5granted 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) 10a 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.”

(7) 15In subsection (5), for “In subsection (2) “ancillary development”, in relation to
development consisting of” substitute “In subsection (2)(b), the reference to
ancillary development, in the case of a consent relating to”.

20 Removal of Planning Act 2008 consent and certification requirements

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

(2) 20In section 127 (compulsory acquisition of statutory undertakers’ land, and
rights over statutory undertakers’ land)—

(a) in subsection (2), for the words from “Secretary of State” to the end
substitute “Secretary of State is satisfied of the matters set out in
subsection (3).”;

(b) 25in subsection (5), for the words from “Secretary of State” to the end
substitute “Secretary of State is satisfied of the matters set out in
subsection (6).”;

(c) omit subsection (7).

(3) Section 137 (consent of statutory undertakers etc required to extinguishment of
30right of way over land on which they have apparatus) is repealed.

(4) In section 138 (extinguishment of rights, and removal of apparatus, of statutory
undertakers etc)—

(a) in subsection (4), for the words from “only if” to the end substitute
“only if the Secretary of State is satisfied that the extinguishment or
35removal is necessary for the purpose of carrying out the development
to which the order relates.”;

(b) after subsection (4) insert—

“(4A) In this section “statutory undertakers” means persons who are,
or are deemed to be, statutory undertakers for the purpose of
40any provision of Part 11 of TCPA 1990.

(4B) In this section the following terms have the meanings given in
paragraph 1(1) of Schedule 17 to the Communications Act
2003—

• “electronic communications apparatus”;

• 45“electronic communications code”;

• “electronic communications code network”;

• “operator”.”;

(c) omit subsections (5) and (6).

(5) In Schedule 12 (modifications of Act in its application to Scotland), in
paragraph 18, for “Section 137(7)” substitute “Section 138(4A)”.

21 Special parliamentary procedure in cases under the Planning Act 2008

(1) 5Sections 128 and 129 of the Planning Act 2008 (special parliamentary procedure
applies to certain orders granting development consent which authorise
compulsory acquisition of land belonging to a local authority or statutory
undertaker) are repealed.

(2) In section 131 of the Planning Act 2008 (special parliamentary procedure
10applies to certain orders granting development consent which authorise
compulsory acquisition of land forming part of a common, open space, fuel
allotment or field garden allotment)—

(a) in subsection (3) (special parliamentary procedure does not apply if
Secretary of State certifies that subsection (4) or (5) applies) for the
15words from “unless” to the end substitute “unless—

“(a) the Secretary of State is satisfied that one of subsections (4) to (5)
applies, and

(b) that fact, and the subsection concerned, are recorded in the
order or otherwise in the instrument or other document
20containing the order.”,

(b) after subsection (4) insert—

“(4A) This subsection applies if—

(a) the order land is, or forms part of, an open space,

(b) none of the order land is of any of the other descriptions in
25subsection (1),

(c) either—

(i) there is no suitable land available to be given in
exchange for the order land, or

(ii) any suitable land available to be given in exchange is
30available only at prohibitive cost, and

(d) it is strongly in the public interest for the development for
which the order grants consent to be capable of being begun
sooner than is likely to be possible if the order were to be subject
(to any extent) to special parliamentary procedure.

(4B) 35This subsection applies if—

(a) the order land is, or forms part of, an open space,

(b) none of the order land is of any of the other descriptions in
subsection (1), and

(c) the order land is being acquired for a temporary (although
40possibly long-lived) purpose.”, and

(c) omit subsections (6) to (10) (provision about certificates under
subsection (3)(b)).

(3) In section 132 of the Planning Act 2008 (special parliamentary procedure
applies to certain orders granting development consent which authorise
45compulsory acquisition of rights over land forming part of a common, open
space, fuel allotment or field garden allotment)—

(a) in subsection (2) (special parliamentary procedure does not apply if

Secretary of State sertifies that one of subsections (3) to (5) applies) for
the words from “unless” to the end substitute “unless—

(a) the Secretary of State is satisfied that one of the
subsections (3) to (5) applies, and

(b) 5that fact, and the subsection concerned, are recorded in
the order or otherwise in the instrument or other
document containing the order.”,

(b) after subsection (4) insert—

“(4A) This subsection applies if—

(a) 10the order land is, or forms part of, an open space,

(b) none of the order land is of any of the other descriptions
in subsection (1),

(c) either—

(i) there is no suitable land available to be given in
15exchange for the order right, or

(ii) any suitable land available to be given in
exchange is available only at prohibitive cost,
and

(d) it is strongly in the public interest for the development
20for which the order grants consent to be capable of being
begun sooner than is likely to be possible if the order
were to be subject (to any extent) to special
parliamentary procedure.

(4B) This subsection applies if—

(a) 25the order land is, or forms part of, an open space,

(b) none of the order land is of any of the other descriptions
in subsection (1), and

(c) the order right is being acquired for a temporary
(although possibly long-lived) purpose.”, and

(c) 30omit subsections (6) to (10) (provision about certificates under
subsection (2)(b)).

(4) In consequence of subsection (1) the following are repealed—

(a) paragraphs 12 and 13 of Schedule 12 to the Planning Act 2008
(application of sections 128 and 129 to Scotland),

(b) 35section 141(2) of the Localism Act 2011 (which amended section 128),
and

(c) paragraph 60 of Schedule 22 to that Act (which amended section 129).

(5) To ensure that section 130 of the Planning Act 2008 (special parliamentary
procedure where order granting development consent authorises acquisition
40of inalienable National Trust land despite Trust’s objections) applies to the
exclusion of sections 131 and 132 of that Act in the case of acquisition of
common land or open space etc held inalienably by the Trust—

(a) in section 131(2) of that Act (section 131 does not apply if section 132
applies) before “132” insert “130 or”, and

(b) 45in section 132 after subsection (1) insert—

“(1A) This section does not apply in a case to which section 130
applies.”

(6) An amendment or repeal made by this section applies in relation to any order
granting development consent which is made after the amendment or repeal
comes into force.

22 Modifications of special parliamentary procedure in certain cases

(1) 5The Statutory Orders (Special Procedure) Act 1945 is amended as follows.

(2) In section 1(1) (Act applies where subsequent Act requires an order to be
subject to parliamentary procedure) after “provision is made requiring that
any such order shall be subject to special parliamentary procedure” insert “or
requiring that any such order shall be subject to special parliamentary
10procedure to a limited extent”.

(3) In section 1 after subsection (2) insert—

“(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
15compulsory 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
20orders 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
25revision 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
30(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,
35inalienable 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
40special-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) 45land (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
5“open space” have the same meaning as in section 19 of that Act.”

(4) After section 1 insert—

“1A Order 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
10special 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
15order, 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
20special 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) 25in 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) 30the 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
35to 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) 40the 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) 45In 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
5reference 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
10the 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) 15the 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)

  20withdraw 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) 25A 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
  30authorisation 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
  35the 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)

  40when 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)

  45the 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
  50committee of that House, and

  Growth and Infrastructure BillPage 27

  (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.”

(11) In section 5(1)—

(a) 5the 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
10referred 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.

(12) In section 5(2) a reference to the order is to be read as a reference to the
15special authorisation.

(13) 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.

(14) 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
20authorisation being reported without amendment.

(15) 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.

(16) In section 6(3) the reference to it being reported, with respect to any
25such 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.

(17) 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
30out 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.

(18) In section 7 a reference to an order to which this Act applies is to be read
35as a reference to the special authorisation.”

(5) After section 9 insert—

“9A Standing 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
40parliamentary 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,
45or 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) 5The 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
10otherwise, 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.”

(6) In section 11(1) (interpretation) after the definition of “Prescribed” insert—

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

(7) In the Acquisition of Land Act 1981—

(a) in sections 17(2) and 18(2) (certain compulsory purchase orders subject
to special parliamentary procedure so far as authorising acquisition of
20special land if owner objects to the order) for “the order” substitute “the
compulsory purchase of the land”, and

(b) in paragraphs 4(2) and 5(2) of Schedule 3 (certain compulsory purchase
orders subject to special parliamentary procedure so far as authorising
acquisition of rights over special land if owner objects to the order) for
25“the order” substitute “the compulsory purchase of the rights”.

(8) In paragraph 12 of Schedule 4 to the New Towns Act 1981 (certain compulsory
purchase orders subject to special parliamentary procedure so far as
authorising acquisition of special land if owner objects to the order) for “to the
order” substitute “to the acquisition of the land”.

(9) 30In each of the following provisions (which refer to orders confirmed by Act
under section 6 of the 1945 Act) before “6” insert “4 or”—

• section 44(1) of the Harbours Act 1964,

• section 27 of the Acquisition of Land Act 1981,

• paragraph 16(a) of Schedule 4 to the New Towns Act 1981,

• 35paragraph 6(6)(a) of Schedule 11 to the Water Industry Act 1991,

• paragraph 6(6)(a) of Schedule 19 to the Water Resources Act 1991, and

• section 12(3)(b) of the Transport and Works Act 1992.

(10) An amendment made by subsection (4) or (5) applies in relation to any order
granting development consent which is made, and any compulsory purchase
40order which is made or confirmed, after the amendment comes into force.

23 Bringing business and commercial projects within Planning Act 2008 regime

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

(2) For section 35 substitute—

“35 Directions 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.

5This is subject to the following provisions of this section and section
35ZA.

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
10if—

(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)
15of 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
20with—

(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)
25of 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
30of 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) 35all 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) 40Regulations under subsection (2)(a)(ii) may not prescribe a description
of project which includes the construction of one or more dwellings.

35ZA Directions 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
45response 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)