(4) If an appeal under subsection (1) is based on the ground mentioned in
subsection (1)(d), the appellant must serve a copy of the notice of
appeal on each person who the appellant considers is a person on
whom the notice under section 225E(2) should have been served.

(5) 5If—

(a) notice under section 225E(2) is served on a person, and

(b) the local planning authority bring proceedings against the
person for the recovery under section 225E(6)(b) of any
expenses,

10it is not open to the person to raise in the proceedings any question
which the person could have raised in an appeal under subsection (1).

225I Remedying defacement at owner or occupier’s request

(1) Subsection (2) applies if—

(a) premises in England include a surface that is readily visible
15from a place to which the public have access;

(b) there is a sign on the surface; and

(c) the owner or occupier of the premises asks the local planning
authority to remove or obliterate the sign.

(2) The local planning authority may—

(a) 20remove or obliterate the sign; and

(b) recover expenses reasonably incurred by the local planning
authority in doing that from the person who asked the local
planning authority to do it.

(3) In this section “premises” means building, wall, fence or other structure
25or erection, or apparatus or plant.

(4) In this section “sign”—

(a) includes—

(i) any writing, letter, picture, device or representation, and

(ii) any advertisement, but

(b) 30does not include an advertisement for the display of which
deemed or express consent has been granted under Chapter 3.

CHAPTER 5 Application of provisions of Chapters 3 and 4 to statutory undertakers

225J Action under sections 225A, 225B and 225E: operational land

(1) This section applies in relation to the exercise by the local planning
35authority of—

(a) power conferred by section 225A(1), or section 324(3) so far as
applying for the purposes of section 225A(1), to—

(i) enter on any operational land of a statutory undertaker,
or

(ii) 40remove a display structure situated on operational land
of a statutory undertaker;

(b) power conferred by section 225B(10)(a), or section 324(3) so far
as applying for the purposes of section 225B(10)(a), to—

(i) enter on any operational land of a statutory undertaker,
or

(ii) carry out any measures to prevent or reduce the
frequency of the display of unauthorised
5advertisements on a surface on operational land of a
statutory undertaker; or

(c) power conferred by section 225E(6)(a), or section 324(3) so far as
applying for the purposes of section 225E(6)(a), to—

(i) enter on any operational land of a statutory undertaker,
10or

(ii) remove or obliterate a sign on a surface of premises that
are, or are on, operational land of a statutory
undertaker.

(2) The authority may exercise the power only if—

(a) 15the authority has served on the statutory undertaker notice of
the authority’s intention to do so;

(b) the notice specified the display structure, surface or sign
concerned and its location; and

(c) the period of 28 days beginning with the date of service of the
20notice has ended.

(3) Subsection (4) applies if a notice under subsection (2) is served on a
statutory undertaker.

(4) If—

(a) a notice under subsection (2) is served on a statutory
25undertaker, and

(b) within 28 days beginning with the date the notice is served, the
statutory undertaker serves a counter-notice on the local
planning authority specifying conditions subject to which the
power is to be exercised,

30the power may only be exercised subject to, and in accordance with, the
conditions specified in the counter-notice.

(5) The conditions which may be specified in a counter-notice under
subsection (4) are conditions which are—

(a) necessary or expedient in the interests of safety or the efficient
35and economic operation of the undertaking concerned; or

(b) for the protection of any works, apparatus or other property not
vested in the statutory undertaker which are lawfully present
on, in, under or over the land upon which entry is proposed to
be made.

(6) 40If—

(a) a notice under subsection (2) is served on a statutory
undertaker, and

(b) within 28 days beginning with the date the notice is served, the
statutory undertaker serves a counter-notice on the local
45planning authority requiring the local planning authority to
refrain from exercising the power,

the power may not be exercised.

(7) A counter-notice under subsection (6) may be served only if the
statutory undertaker has reasonable grounds to believe, for reasons

connected with the operation of its undertaking, that the power cannot
be exercised under the circumstances in question—

(a) without risk to the safety of any person; or

(b) without unreasonable risk to the efficient and economic
5operation of the statutory undertaker’s undertaking.

(8) In this section “statutory undertaker” does not include an airport
operator (within the meaning of Part 5 of the Airports Act 1986).”

(3) In section 324(3) of the Town and Country Planning Act 1990 (power of entry
where necessary for purposes of section 225) after “225” insert “, 225A(1),
10225B(10)(a) or 225E(6)(a)”.

(4) In the London Local Authorities Act 1995 (c. x) omit sections 11 to 13 (provision
as respects London which is generally superseded as a result of the provision
as respects England made by the preceding provisions of this section).

(5) In section 11 of the London Local Authorities Act 2007 (c. ii) after subsection
15(10) insert—

“(11) The definition of “an advertising offence” given by section 4 of this Act
applies for the purposes of subsection (10) above with—

(a) the omission of paragraphs (a) and (b), and

(b) in paragraph (d), the substitution of “paragraph” for
20“paragraphs (a) to”.”

CHAPTER 6 Nationally significant infrastructure projects

112 Abolition of Infrastructure Planning Commission

(1) The Infrastructure Planning Commission ceases to exist on the day on which
this subsection comes into force.

(2) 25Schedule 13 (amendments in consequence of Commission’s abolition,
including amendments transferring its functions to Secretary of State) has
effect.

(3) On the coming into force of this subsection, the property, rights and liabilities
of the Infrastructure Planning Commission vest by virtue of this subsection in
30the Secretary of State.

(4) Subsection (3) operates in relation to property, rights and liabilities—

(a) whether or not they would otherwise be capable of being transferred,

(b) without any instrument or other formality being required, and

(c) irrespective of any requirement for consent that would otherwise
35apply.

(5) The transfer by virtue of subsections (2) to (4) is to be treated as a relevant
transfer for the purposes of the Transfer of Undertakings (Protection of
Employment) Regulations 2006 (S.I. 2006/246S.I. 2006/246) if it would not otherwise be a
relevant transfer for those purposes.

(6) 40Subsections (3) and (4) do not affect the operation of those Regulations in
relation to that transfer.

113 Transitional provision in connection with abolition

(1) The Secretary of State may, in connection with the operation of the abolition
provisions, give a direction about the handling on and after the abolition date
of—

(a) 5an application received by the Infrastructure Planning Commission
before the abolition date that purports to be an application for an order
granting development consent under the Planning Act 2008,

(b) a proposed application notified to the Commission under section 46 of
that Act before the abolition date, or

(c) 10an application received by the Secretary of State on or after the abolition
date where—

(i) the application purports to be an application for an order
granting development consent under that Act, and

(ii) a proposed application that has become that application was
15notified to the Commission under section 46 of that Act before
the abolition date.

(2) A direction under subsection (1) may (in particular)—

(a) make provision about the effect on and after the abolition date of things
done before that date;

(b) 20provide for provisions of or made under the Planning Act 2008 to apply
on and after that date as they applied before that date, with or without
modifications specified in the direction;

(c) provide for provisions of or made under that Act to apply on and after
the abolition date with modifications specified in the direction;

(d) 25make provision for a person who immediately before the abolition
date—

(i) is a member of the Commission, and

(ii) is a member of the Panel, or is the single Commissioner,
handling an application for an order granting development
30consent under that Act,

to be, or to be treated as being, a member of the Panel that under
Chapter 2 of Part 6 of that Act, or the appointed person who under
Chapter 3 of that Part, is to handle the application on and after the
abolition date;

(e) 35make other transitional provision and savings;

(f) make provision binding the Crown.

(3) In this section—

• “the abolition date” means the date on which section 112(1) comes into
  force;

• 40“the abolition provisions” means section 112, Schedule 13 and Part 19 of
  Schedule 25.

114 National policy statements

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

(2) In section 5(4) (statement may be designated as national policy statement only
45if consultation, publicity and parliamentary requirements have been complied

with) after “have been complied with in relation to it” insert “and—

(a) the consideration period for the statement has expired without
the House of Commons resolving during that period that the
statement should not be proceeded with, or

(b) 5the statement has been approved by resolution of the House of
Commons—

(i) after being laid before Parliament under section 9(8),
and

(ii) before the end of the consideration period.”

(3) 10In section 5 (national policy statements) after subsection (4) insert—

“(4A) In subsection (4) “the consideration period”, in relation to a statement,
means the period of 21 sitting days beginning with the first sitting day
after the day on which the statement is laid before Parliament under
section 9(8), and here “sitting day” means a day on which the House of
15Commons sits.”

(4) In section 5(9) omit paragraph (b) (designated statement must be laid before
Parliament).

(5) In section 6(7) (national policy statement may be amended only if consultation,
publicity and parliamentary requirements have been complied with) after
20“have been complied with in relation to the proposed amendment” insert
“and—

“(a) the consideration period for the amendment has expired
without the House of Commons resolving during that period
that the amendment should not be proceeded with, or

(b) 25the amendment has been approved by resolution of the House
of Commons—

(i) after being laid before Parliament under section 9(8),
and

(ii) before the end of the consideration period.”

(6) 30In section 6 (review and amendment of national policy statements) after
subsection (7) insert—

“(7A) In subsection (7) “the consideration period”, in relation to an
amendment, means the period of 21 sitting days beginning with the
first sitting day after the day on which the amendment is laid before
35Parliament under section 9(8), and here “sitting day” means a day on
which the House of Commons sits.”

(7) In section 6(8) (subsections (6) and (7) do not apply if amendment does not
materially affect national policy) for “and (7)” substitute “to (7A)”.

(8) After section 6 insert—

“6A 40Interpretation of sections 5(4) and 6(7)

(1) This section applies for the purposes of section 5(4) and 6(7).

(2) The consultation and publicity requirements set out in section 7 are to
be treated as having been complied with in relation to a statement or
proposed amendment (“the final proposal”) if—

(a) 45they have been complied with in relation to a different
statement or proposed amendment (“the earlier proposal”),

(b) the final proposal is a modified version of the earlier proposal,
and

(c) the Secretary of State thinks that the modifications do not
materially affect the policy as set out in the earlier proposal.

(3) 5The consultation and publicity requirements set out in section 7 are also
to be treated as having been complied with in relation to a statement or
proposed amendment (“the final proposal”) if—

(a) they have been complied with—

(i) in relation to a different statement or proposed
10amendment (“the earlier proposal”), and

(ii) in relation to modifications of the earlier proposal (“the
main modifications”),

(b) the final proposal is a modified version of the earlier proposal,
and

(c) 15there are no modifications other than the main modifications or,
where the modifications include modifications other than the
main modifications, the Secretary of State thinks that those
other modifications do not materially affect the policy as set out
in the earlier proposal modified by the main modifications.

(4) 20If section 9(8) has been complied with in relation to a statement or
proposed amendment (“the final proposal”), the parliamentary
requirements set out in section 9(2) to (7) are to be treated as having
been complied with in relation to the final proposal where—

(a) the final proposal is not the same as what was laid under section
259(2), but

(b) those requirements have been complied with in relation to what
was laid under section 9(2).

(5) Ignore any corrections of clerical or typographical errors in what was
laid under section 9(8).

6B 30Extension of consideration period under section 5(4A) or 6(7A)

(1) The Secretary of State may—

(a) in relation to a proposed national policy statement, extend the
period mentioned in section 5(4A), or

(b) in relation to a proposed amendment of a national policy
35statement, extend the period mentioned in section 6(7A),

by 21 sitting days or less.

(2) The Secretary of State does that by laying before the House of
Commons a statement—

(a) indicating that the period is to be extended, and

(b) 40setting out the length of the extension.

(3) The statement under subsection (2) must be laid before the period
would have expired without the extension.

(4) The Secretary of State must publish the statement under subsection (2)
in a way the Secretary of State thinks appropriate.

(5) 45The period may be extended more than once.”

(9) In section 8(1)(a) (local authorities within subsection (2) or (3) to be consulted
about publicity required for proposed statement identifying a location) for “or
(3)” substitute “, (3) or (3A)”.

(10) In section 8(3) (consultation with local authorities that share a boundary with
5the local authority (“B”) whose area contains a location) before the “and” at the
end of paragraph (a) insert—

“(aa) B is a unitary council or a lower-tier district council,”.

(11) In section 8 (consultation on publicity requirements) after subsection (3)
insert—

“(3A) 10If any of the locations concerned is in the area of an upper-tier county
council (“C”), a local authority (“D”) is within this subsection if—

(a) D is not a lower-tier district council, and

(b) any part of the boundary of D’s area is also part of the boundary
of C’s area.”

(12) 15In section 8, after subsection (4) (meaning of “local authority”) insert—

“(5) In this section—

• “lower-tier district council” means a district council in England for
  an area for which there is a county council;

• “unitary council” means a local authority that is not an upper-tier
  20county council, a lower-tier district council, a National Park
  authority or the Broads Authority;

• “upper-tier county council” means a county council in England for
  each part of whose area there is a district council.”

(13) In section 9 (parliamentary requirements for national policy statements and
25their amendments) after subsection (7) insert—

“(8) After the end of the relevant period, but not before the Secretary of State
complies with subsection (5) if it applies, the Secretary of State must lay
the proposal before Parliament.

(9) If after subsection (8) has been complied with—

(a) 30something other than what was laid under subsection (8)
becomes the proposal, or

(b) what was laid under subsection (8) remains the proposal, or
again becomes the proposal, despite the condition in section
5(4)(a) not having been met in relation to it,

35subsection (8) must be complied with anew.

(10) For the purposes of subsection (9)(a) and (b) ignore any proposal to
correct clerical or typographical errors in what was laid under
subsection (8).”

(14) Section 12 (power to designate pre-commencement statements of policy and to
40take account of pre-commencement consultation etc) is repealed.

115 Power to alter effect of requirement for development consent on other consent
regimes

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

(2) In section 33 (effect of requirement for development consent on other consent

regimes) after subsection (4) insert—

“(5) The Secretary of State may by order—

(a) amend subsection (1) or (2)—

(i) to add or remove a type of consent, or

(ii) 5to vary the cases in relation to which a type of consent is
within that subsection;

(b) make further provision, or amend or repeal provision, about—

(i) the types of consent that are, and are not, within
subsection (1) or (2), or

(ii) 10the cases in relation to which a type of consent is, or is
not, within either of those subsections.

(6) In subsection (5) “consent” means—

(a) a consent or authorisation that is required, under legislation, to
be obtained for development,

(b) 15a consent, or authorisation, that—

(i) may authorise development, and

(ii) is given under legislation, or

(c) a notice that is required by legislation to be given in relation to
development.

(7) 20Any reference in subsection (5) to subsection (1) or (2) is a reference to
that subsection so far as relating to development that—

(a) is not in Wales, and

(b) is not in waters adjacent to Wales up to the seaward limits of the
territorial sea.

(8) 25In subsection (6) “legislation” means an Act or an instrument made
under an Act.

(9) An order under subsection (5)(b) may amend this Act.”

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

(a) in subsection (5)(d) (orders not subject to annulment by either House of
30Parliament) after “14(3),” insert “33(5),”, and

(b) in subsection (6) (orders that must be approved in draft by both Houses
of Parliament before being made) after “14(3),” insert “33(5),”.

(4) In paragraph 4 of Schedule 12 (application of section 33 to Scotland:
modifications)—

(a) 35in sub-paragraph (a) for paragraph (i) substitute—

“(i) for “none of the following is” there were
substituted “the following are not”, and”,

(b) omit the “and” at the end of sub-paragraph (a),

(c) in sub-paragraph (b) for “subsections (2) to (4)” substitute “paragraphs
40(a) to (c) of subsection (2), and subsections (3) and (4),”, and

(d) after sub-paragraph (b) insert “, and

(c) in subsection (7) “Act” includes an Act of the Scottish
Parliament.”

116 Secretary of State’s directions in relation to projects of national significance

(1) Section 35 of the Planning Act 2008 (directions in relation to projects of national
significance) is amended in accordance with subsections (2) to (9).

(2) In subsection (1) (circumstances in which the Secretary of State may give
5directions)—

(a) omit paragraph (a) (requirement that an application for a consent or
authorisation mentioned in section 33(1) or (2) has been made), and

(b) in paragraph (b)—

(i) omit “the”, and

(ii) 10after “project” insert “, or proposed project,”.

(3) For subsection (4) (directions the Secretary of State may give) substitute—

“(4) The Secretary of State may direct the development to be treated as
development for which development consent is required.

(4A) If no relevant application has been made, the power under subsection
15(4) is exercisable only in response to a qualifying request.

(4B) If the Secretary of State gives a direction under subsection (4), the
Secretary of State may—

(a) if a relevant application has been made, direct the application to
be treated as an application for an order granting development
20consent;

(b) if a person proposes to make a relevant application, direct the
proposed application to be treated as a proposed application for
development consent.

(4C) A direction under subsection (4) or (4B) may be given so as to apply for
25specified purposes or generally.”

(4) In subsection (5) (power to modify application of statutory provisions in
relation to an application etc)—

(a) for “subsection (4)” substitute “subsection (4B)”,

(b) in paragraph (a) after “application” insert “, or proposed application,”,
30and

(c) in paragraph (b) after “application” insert “or proposed application”.

(5) In subsection (6) (authority to which an application for a consent or
authorisation mentioned in section 33(1) or (2) has been made to refer the
application to the Commission)—

(a) 35for “subsection (4)” substitute “subsection (4B)”, and

(b) after “application” insert “, or proposed application,”.

(6) In subsection (7) (power to direct authority considering application for consent
or authorisation mentioned in section 33(1) or (2) to take no further action)—

(a) for “subsection (4)” substitute “subsection (4B)”, and

(b) 40after “application” insert “, or proposed application,”.

(7) In subsection (8) (power to require authority considering application for
consent or authorisation mentioned in section 33(1) or (2) to provide
information) for “the relevant authority” substitute “an authority within
subsection (8A)”.

(8) After subsection (8) insert—

“(8A) An authority is within this subsection if a relevant application has been,
or may be, made to it.”

(9) After subsection (9) insert—

“(10) 5In this section—

• “qualifying request” means a written request, for a direction under
  subsection (4) or (4B), that—

  (a)

  specifies the development to which it relates, and

  (b)

  explains why the conditions in subsection (1)(b) and (c)
  10are met in relation to the development;

• “relevant application” means an application, relating to the
  development, for a consent or authorisation mentioned in
  section 33(1) or (2);

• “relevant authority”—

  (a)

  15in relation to a relevant application that has been made,
  means the authority to which the application was made,
  and

  (b)

  in relation to a relevant application that a person
  proposes to make, means the authority to which the
  20person proposes to make the application.”

(10) In the Planning Act 2008 after section 35 insert—