Localism Bill

Insert the following new Clause—

“Directions relating to railway projects

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

“35B Directions relating to railway projects

(1) Subsection (2) applies if a project for the construction or alteration of a railway includes—

(a) development which is within section 14(1)(k), and

(b) development which is permitted development and which is to be carried out wholly in England.

(2) The Secretary of State for Transport may, in response to a qualifying request, direct in the case of any specified development within subsection (1)(b) that—

(a) development consent is not required for the specific development, or

(b) development consent for development within subsection (1)(a) may also be granted for the specific development.

(3) A direction under subsection (2) can only be made if the Secretary of State for Transport thinks that the making of the direction will promote the efficient and timely development of the rail network.

(4) Subsection (5) applies if—

(a) a project consists of development which is within section 14(1)(k), and

(b) the Secretary of State for Transport thinks that the project, taking into account its size, its potential effect on the railway network and all other relevant circumstances, is not of national significance, whether by itself or when considered with any other related project or proposed project in the same field.

(5) The Secretary of State for Transport may, in response to a qualifying request, direct the development to be treated for specified purposes or generally as development for which development consent is not required.

(6) If the Secretary of State for Transport decides to give a direction under subsection (2) or (5), the Secretary of State for Transport must give reasons for the decision.

(7) In this section “qualifying request”, in relation to any development, means a written request which is made by the person proposing to carry out the development and which specifies the development, and—

(a) in the case of a request for a direction under subsection (2), explains why the conditions in subsections (1) and (3) are met; and

(b) in the case of a request for a direction under subsection (5), explains why the conditions in subsection (4) are met.”

(2) In section 15(5) (development for which development consent may be granted) after “associated development” insert “or development in respect of which a direction has been given under section 35B(2)(b)”.”

Insert the following new Clause—

“Hydraulic fracturing of underground rock

(1) Within 12 months of this Act being passed, the Secretary of State shall, by order, amend the Planning Act 2008 as follows.

(2) In section 14(1) (nationally significant infrastructure projects: general), at the end insert—

“(q) the hydraulic fracturing of underground rock”.”