(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
5take account of pre-commencement consultation etc) is repealed.

119 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
10regimes) 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) to vary the cases in relation to which a type of consent is
15within 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) the cases in relation to which a type of consent is, or is
20not, within either of those subsections.

(6) In this section “consent” means—

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

(b) a consent, or authorisation, that—

(i) 25may 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) In subsection (6) “legislation” means an Act or an instrument made
30under an Act.

(8) An order under subsection (5) may not affect—

(a) a requirement for a devolved consent to be obtained for, or
given in relation to, development, or

(b) whether development may be authorised by a devolved
35consent.

(9) A consent is “devolved” for the purposes of subsection (8) if—

(a) provision for the consent would be within the legislative
competence of the National Assembly for Wales if the provision
were contained in an Act of the Assembly,

(b) 40provision for the consent is, or could be, made by the Welsh
Ministers in an instrument made under an Act,

(c) the consent is not within subsection (6)(c) and the Welsh
Ministers have a power or duty—

(i) to decide, or give directions as to how to decide,
45whether the consent is given,

(ii) to decide, or give directions as to how to decide, some or
all of the terms on which the consent is given, or

(iii) to revoke or vary the consent, or

(d) the consent is within subsection (6)(c) and the notice has to be
5given to the Welsh Ministers or otherwise brought to their
attention.

(10) 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
10Parliament) 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) 15in 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
20(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.”

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

(1) 25Section 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
directions)—

(a) omit paragraph (a) (requirement that an application for a consent or
30authorisation mentioned in section 33(1) or (2) has been made), and

(b) in paragraph (b)—

(i) omit “the”, and

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

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

“(4) 35The 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
(4) is exercisable only in response to a qualifying request.

(4B) If the Secretary of State gives a direction under subsection (4), the
40Secretary 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
consent;

(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
5specified 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,”,
10and

(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) 15for “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) 20after “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) 25After 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) In this section—

• 30“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)
  are met in relation to the development;

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

• “relevant authority”—

  (a)

  in relation to a relevant application that has been made,
  40means 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
  person proposes to make the application.”

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

“35A Timetable for deciding request for direction under section 35

(1) This section applies if the Secretary of State receives a qualifying
request from a person (“R”).

(2) 5The Secretary of State must make a decision on the qualifying request
before the primary deadline, subject to subsection (3).

(3) Subsection (2) does not apply if, before the primary deadline, the
Secretary of State asks R to provide the Secretary of State with
information for the purpose of enabling the Secretary of State to
10decide—

(a) whether to give the direction requested, and

(b) the terms in which it should be given.

(4) If R—

(a) is asked under subsection (3) to provide information, and

(b) 15provides the information sought within the period of 14 days
beginning with the day on which R is asked to do so,

the Secretary of State must make a decision on the qualifying request
before the end of the period of 28 days beginning with the day the
Secretary of State receives the information.

(5) 20In this section—

• “the primary deadline” means the end of the period of 28 days
  beginning with the day on which the Secretary of State receives
  the qualifying request;

• “qualifying request” has the meaning given by section 35(10).”

121 25Pre-application consultation with local authorities

(1) Section 43 of the Planning Act 2008 (local authorities for the purposes of the
consultation requirements in section 42) is amended as follows.

(2) In subsection (2) (provision requiring consultation with local authorities that
share a boundary with the local authority (“B”) in whose area the development
30is to take place) before the “and” at the end of paragraph (a) insert—

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

(3) After subsection (2) insert—

“(2A) If the land is in the area of an upper-tier county council (“C”), a local
authority (“D”) is within this section if—

(a) 35D 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.”

(4) For subsection (3) (definition of local authority) substitute—

“(3) In this section—

• 40“local authority” means—

  (a)

  a county council, or district council, in England;

  (b)

  a London borough council;

  (c)

  the Common Council of the City of London;

  Localism BillPage 114

  (d)

  the Council of the Isles of Scilly;

  (e)

  a county council, or county borough council, in Wales;

  (f)

  a council constituted under section 2 of the Local
  Government etc (Scotland) Act 1994;

  (g)

  5a National Park authority;

  (h)

  the Broads Authority;

• “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
  10county 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.”

122 Reform of duties to publicise community consultation statement

15In section 47(6) of the Planning Act 2008 (duties of applicant for development
consent to publicise the statement setting out how the applicant proposes to
consult the local community)—

(a) for “must publish it—” substitute “must—

(za) make the statement available for inspection by the
20public in a way that is reasonably convenient for people
living in the vicinity of the land,”,

(b) in paragraph (a) (duty to publish statement in local newspaper)—

(i) at the beginning insert “publish,”, and

(ii) after “land” insert “, a notice stating where and when the
25statement can be inspected”, and

(c) in paragraph (b) (duty to publish statement in any other prescribed
manner) for “in such other manner” substitute “publish the statement
in such manner”.

123 Claimants of compensation for effects of development

(1) 30The Planning Act 2008 is amended as follows.

(2) In section 52(1) (obtaining information about interests in land) for “subsection
(2) applies” substitute “subsections (2) and (2A) apply”.

(3) In section 52 after subsection (2) insert—

“(2A) The Secretary of State may authorise the applicant to serve a notice on
35a person mentioned in subsection (3) requiring the person (“the
recipient”) to give to the applicant in writing the name and address of
any person the recipient believes is a person who, if the order sought by
the application or proposed application were to be made and fully
implemented, would or might be entitled—

(a) 40as a result of the implementing of the order,

(b) as a result of the order having been implemented, or

(c) as a result of the use of the land once the order has been
implemented,

to make a relevant claim.”

(4) 45In section 52(4), (6) and (7) after “subsection (2)” insert “or (2A)”.

(5) In section 52 after subsection (5) insert—

“(5A) A notice under subsection (2A) must explain the circumstances in
which a person would or might be entitled as mentioned in that
subsection.”

(6) 5In section 52(10) for “(2) and (3)” substitute “(2) to (3)”.

(7) In section 52 after subsection (11) insert—

“(12) In subsection (3) as it applies for the purposes of subsection (2A) “the
land” also includes any relevant affected land (see subsection (13)).

(13) Where the applicant believes that, if the order sought by the application
10or proposed application were to be made and fully implemented, there
would or might be persons entitled—

(a) as a result of the implementing of the order,

(b) as a result of the order having been implemented, or

(c) as a result of the use of the land once the order has been
15implemented,

to make a relevant claim in respect of any land or in respect of an
interest in any land, that land is “relevant affected land” for the
purposes of subsection (12).

(14) In this section “relevant claim” means—

(a) 20a claim under section 10 of the Compulsory Purchase Act 1965
(compensation where satisfaction not made for compulsory
purchase of land or not made for injurious affection resulting
from compulsory purchase);

(b) a claim under Part 1 of the Land Compensation Act 1973
25(compensation for depreciation of land value by physical
factors caused by use of public works);

(c) a claim under section 152(3).”

(8) In section 44(6) (meaning of “relevant claim” in section 44(4)) after paragraph
(b) insert “;

(c) 30a claim under section 152(3).”

(9) In section 57(6) (meaning of “relevant claim” in section 57(4)) after paragraph
(b) insert “;

(c) a claim under section 152(3).”

(10) In Schedule 12 (application of Act to Scotland: modifications) in paragraph 6
35(application of section 52) after sub-paragraph (c) insert—

(d) in subsection (14) for paragraph (a) there were substituted—

“(a) a claim arising by virtue of paragraph 1 of the Second
Schedule to the Acquisition of Land (Authorisation
Procedure) (Scotland) Act 1947 (c. 42)1947 (c. 42);”, and

(e) 40in subsection (14)(b) the reference to Part 1 of the Land Compensation
Act 1973 were a reference to Part 1 of the Land Compensation
(Scotland) Act 1973.”

124 Rights of entry for surveying etc in connection with applications

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

(2) In section 53(1) (person may be authorised to enter land for the purpose of
surveying and taking levels of it) after “taking levels of it” insert “, or in order
to facilitate compliance with the provisions mentioned in subsection (1A),”.

(3) In section 53 after subsection (1) insert—

“(1A) 5Those provisions are any provision of or made under an Act for the
purpose of implementing—

(a) Council Directive 85/337/EEC of 27 June 1985 on the
assessment of the effects of certain public and private projects
on the environment, as amended from time to time,

(b) 10Council Directive 92/43/EC of 21 May 1992 on the conservation
of natural habitats and of wild fauna and flora, as amended
from time to time, or

(c) any EU instrument from time to time replacing all or any part of
either of those Directives.”

(4) 15Omit section 53(2)(b) and (c) (until proposed application is made, entry for
surveying may be authorised only if compulsory acquisition may be involved
and section 42 has been complied with).

(5) In section 53 after subsection (3) insert—

“(3A) Power conferred by subsection (1) for the purpose of complying with
20the provisions mentioned in subsection (1A) includes power to take,
and process, samples of or from any of the following found on, in or
over the land—

(a) water,

(b) air,

(c) 25soil or rock,

(d) its flora,

(e) bodily excretions, or dead bodies, of non-human creatures, or

(f) any non-living thing present as a result of human action.”

(6) In section 54(1) (application of section 53(1) to (3) to Crown land) for “to (3)”
30substitute “to (3A)”.

(7) In paragraph 7 of Schedule 12 (modifications of section 53 for the purposes of
its application to Scotland) before sub-paragraph (a) insert—

“(za) in subsection (1A), the reference to an Act included an Act of
the Scottish Parliament,”.

125 35Acceptance of applications for development consent

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

(2) In section 55(3) (conditions for acceptance of application) omit paragraphs (b)
and (d) (application may be accepted only if it complies with requirements as
to form and contents and with any standards set, and gives reasons for any
40failure to follow applicable guidance).

(3) In section 55(3) after paragraph (e) insert “, and

(f) that the application (including accompaniments) is of a
standard that the Secretary of State considers satisfactory.”

(4) In section 55 after subsection (5) insert—

“(5A) The Secretary of State, when deciding whether the Secretary of State
may reach the conclusion in subsection (3)(f), must have regard to the
extent to which—

(a) 5the application complies with the requirements in section 37(3)
(form and contents of application) and any standards set under
section 37(5), and

(b) any applicable guidance given under section 37(4) has been
followed in relation to the application.”

(5) 10In section 37(3) (requirements as to form and contents of application) after
“must” insert “, so far as necessary to secure that the application (including
accompaniments) is of a standard that the Secretary of State considers
satisfactory”.

126 Procedural changes relating to applications for development consent

(1) 15The Planning Act 2008 is amended as follows.

(2) In section 56(2) (persons to be notified of the acceptance of an application for
an order granting development consent) for paragraph (b) (relevant local
authorities under section 102(5)) substitute—

“(b) each local authority that is within section 56A,”.

(3) 20After section 56 insert—

“56A Local authorities for the purposes of sections 56(2)(b) and 60(2)(a)

(1) A local authority is within this section if the land is in the authority’s
area.

(2) A local authority (“A”) is within this section if—

(a) 25the land is in the area of another local authority (“B”),

(b) B is a unitary council or a lower-tier district council, and

(c) any part of the boundary of A’s area is also a part of the
boundary of B’s area.

(3) If the land is in the area of an upper-tier county council (“C”), a local
30authority (“D”) is within this section 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.

(4) In this section—

• 35“the land” means the land to which the application concerned
  relates or any part of that land;

• “local authority” has the meaning given in section 102(8);

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

• 40“unitary council” means a local authority that is not an upper-tier
  county 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.”

(4) In section 60(2) (persons who the Commission must invite to submit local
impact reports) for paragraph (a) (relevant local authorities under section
102(5)) substitute—

“(a) each local authority that is within section 56A, and”.

(5) 5In section 88 (initial assessment of issues, and preliminary meeting)—

(a) in subsection (3) (persons who must be invited to preliminary meeting)
omit the “and” at the end of paragraph (a),

(b) in that subsection after paragraph (b) insert—

“(c) each statutory party, and

(d) 10each local authority that is within section 88A,”, and

(c) after that subsection insert—

“(3A) In subsection (3)(c) “statutory party” means a person specified
in, or of a description specified in, regulations made by the
Secretary of State.”

(6) 15After section 88 insert—

“88A Local authorities for the purposes of section 88(3)(d)

(1) A local authority (“A”) is within this section if—

(a) the land is in the area of another local authority (“B”),

(b) B is a unitary council or a lower-tier district council, and

(c) 20any part of the boundary of A’s area is also a part of the
boundary of B’s area.

(2) If the land is in the area of an upper-tier county council (“C”), a local
authority (“D”) is within this section if—

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

(b) 25any part of the boundary of D’s area is also part of the boundary
of C’s area.

(3) In this section—

• “the land” means the land to which the application relates or any
  part of that land;

• 30“local authority” has the meaning given in section 102(8);

• “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
  county council, a lower-tier district council, a National Park
  35authority 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.”

(7) In section 89 (Examining authority’s decisions about how application is to be
examined and the notification of those decisions to parties) after subsection (2)
40insert—

“(2A) Upon making the decisions required by subsection (1), the Examining
authority must inform each person mentioned in section 88(3)(c) and
(d)—

(a) of those decisions, and

(b) 45that the person may notify the Examining authority in writing
that the person is to become an interested party.”

(8) In section 102 (interpretation of Chapter 4: “interested party” and other
expressions)—

(a) in subsection (1) for paragraph (b) (statutory party is interested party)
substitute—

“(aa) 5the person has been notified of the acceptance of the
application in accordance with section 56(2)(d),

(ab) the Examining authority has under section 102A
decided that it considers that the person is within one or
more of the categories set out in section 102B,”,

(b) 10in subsection (1) for paragraph (c) (relevant local authority is interested
party) insert—

“(c) the person is a local authority in whose area the land is
located,

(ca) the person—

(i) 15is mentioned in section 88(3)(c) or (d), and

(ii) has notified the Examining authority as
mentioned in section 89(2A)(b),”,

(c) after subsection (1) (definition of interested party) insert—

“(1ZA) But a person ceases to be an “interested party” for the purposes
20of this Chapter upon notifying the Examining authority in
writing that the person no longer wishes to be an interested
party.”,

(d) omit subsection (3) (definition of statutory party),

(e) omit subsections (5) to (7) (which further define the local authorities
25that are relevant local authorities), and

(f) in subsection (8) (definition of local authority) for “subsections (5) to
(7)” substitute “subsection (1)(c)”.

(9) After section 102 insert—

“102A Persons in certain categories may ask to become interested parties etc

(1) 30Subsection (2) applies if—

(a) a person makes a request to the Examining authority to become
an interested party,

(b) the request states that the person claims to be within one or
more of the categories set out in section 102B,

(c) 35the person has not been notified of the acceptance of the
application in accordance with section 56(2)(d), and

(d) the applicant has issued a certificate under section 58 in relation
to the application.

(2) The Examining authority must decide whether it considers that the
40person is within one or more of the categories set out in section 102B.

(3) If the Examining authority decides that it considers that the person is
within one or more of the categories set out in section 102B, the
Examining authority must notify the person, and the applicant, that the
person has become an interested party under section 102(1)(ab).

(4) 45If the Examining authority thinks that a person might successfully
make a request mentioned in subsection (1)(a), the Examining authority
may inform the person about becoming an interested party under
section 102(1)(ab).

But the Examining authority is under no obligation to make enquiries
50in order to discover persons who might make such a request.

102B Categories for the purposes of section 102A

(1) A person is within Category 1 if the person is an owner, lessee, tenant
(whatever the tenancy period) or occupier of the land.

(2) A person is within Category 2 if the person—

(a) 55is interested in the land, or

(b) has power—

(i) to sell and convey the land, or

(ii) to release the land.

(3) An expression, other than “the land”, that appears in subsection (2) of
60this section and also in section 5(1) of the Compulsory Purchase Act
1965 has in subsection (2) the meaning that it has in section 5(1) of that
Act.

(4) A person is within Category 3 if, should the order sought by the
application be made and fully implemented, the person would or
65might be entitled—

(a) as a result of the implementing of the order,

(b) as a result of the order having been implemented, or

(c) as a result of use of the land once the order has been
implemented,

70to make a relevant claim.

(5) In subsection (4) “relevant claim” means—

(a) a claim under section 10 of the Compulsory Purchase Act 1965
(compensation where satisfaction not made for the taking, or
injurious affection, of land subject to compulsory purchase);

(b) 75a claim under Part 1 of the Land Compensation Act 1973
(compensation for depreciation of land value by physical
factors caused by use of public works);

(c) a claim under section 152(3).

(6) In this section “the land” means the land to which the application
80relates or any part of that land.”

(10) In Schedule 12 (application of Act to Scotland: modifications) after paragraph
9 insert—

“9A Section 102B applies as if—

(a) in subsection (2)(b), the words from “or” to the end were
85omitted,

(b) in subsection (3), references to section 5(1) of the Compulsory
Purchase Act 1965 were references to section 17 of the Lands
Clauses Consolidation (Scotland) Act 1845, and

(c) in subsection (5)—

(i) 90for paragraph (a) there were substituted—

(a) a claim arising by virtue of paragraph 1 of the
Second Schedule to the Acquisition of Land
(Authorisation Procedure) (Scotland) Act
1947”; and