Growth and Infrastructure Bill (HL Bill 72)

Growth and Infrastructure BillPage 20

England or Wales, the Secretary of State 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
5relates 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
in relation to a generating station or electric line in England or Wales,
10the Secretary of State 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
granted by virtue of a direction under subsection (2) (whenever
made) to be varied as specified in the direction;

(b) 15a 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) a direction for any consent, agreement or approval given in
respect of a condition subject to which any such existing
20planning 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) For subsection (5) substitute—

(5) In subsection (2), the reference to ancillary development, in the case of
25a consent relating to the extension of a generating station, does not
include any development which is not directly related to the generation
of electricity by that station.

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

(a) waters adjacent to England or Wales up to the seaward limits of
30the territorial sea, and

(b) a 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
35“Renewable Energy Zone” have the same meanings as in Part 1 of the
Electricity Act 1989.

(4) 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 (5) and (6).

(5) 40For subsection (2) substitute—

(2) On 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) 45so 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.

Growth and Infrastructure BillPage 21

(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.

(6) 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 Variation and replacement of pre-Planning Act 2008 consents

(1) After section 237 of the Planning Act 2008 insert—

237A 20 Variation and replacement of section 33 consents: transitional
provision

(1) This section applies where a section 33 consent (“the original consent”)
has been granted or made as a result of an application made before Part
4 came into force.

(2) 25Nothing in section 33 prevents the original section 33 consent, or a
section 33 consent that replaces it, from being varied or replaced.

(3) Subsection (5) applies if the original consent, or a section 33 consent that
replaces it, is varied or replaced, and the remaining development is
development for which development consent would otherwise be
30required.

(4) “The remaining development”—

(a) in a case where the consent is varied, is the development to
which the consent as varied relates, to the extent it has not
already been carried out;

(b) 35in a case where the consent is replaced, is the development to
which the replacement consent relates, to the extent it has not
already been carried out.

(5) Section 31 does not apply to the remaining development (and so
development consent is not required for it).

(6) 40A section 33 consent replaces an earlier section 33 consent for the
purposes of this section if (but only if)—

(a) it is granted or made on an application for consent for
development without complying with conditions subject to
which the earlier section 33 consent was granted or made, and

(b) 45it is granted subject to, or made on, different conditions, or
unconditionally.

Growth and Infrastructure BillPage 22

(7) In this section “section 33 consent” means a consent, authorisation,
order, notice or scheme mentioned in section 33(1), (2) or (4).

(2) This section is deemed to have had effect since Part 4 of the Planning Act 2008
came into force.

21 5Removal of Planning Act 2008 consent and certification requirements

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

(2) In 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
10substitute “Secretary of State is satisfied of the matters set out in
subsection (3).”;

(b) in 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) 15omit subsection (7).

(3) Section 137 (consent of statutory undertakers etc required to extinguishment of
right 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) 20in subsection (4), for the words from “only if” to the end substitute
“only if the Secretary of State is satisfied that the extinguishment or
removal is necessary for the purpose of carrying out the development
to which the order relates.”;

(b) after subsection (4) insert—

(4A) 25In this section “statutory undertakers” means persons who are,
or are deemed to be, statutory undertakers for the purpose of
any 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
302003—

  • “electronic communications apparatus”;

  • “electronic communications code”;

  • “electronic communications code network”;

  • “operator”.;

(c) 35omit 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)”.

22 Special parliamentary procedure in cases under the Planning Act 2008

(1) Sections 128 and 129 of the Planning Act 2008 (special parliamentary procedure
40applies 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
applies to certain orders granting development consent which authorise

Growth and Infrastructure BillPage 23

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
5words 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
10containing 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
15subsection (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
20available 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) 25This 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
30possibly 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
35compulsory 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 certifies that one of subsections (3) to (5) applies) for
the words from “unless” to the end substitute unless—

(a) 40the Secretary of State is satisfied that one of the
subsections (3) to (5) applies, and

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

(b) 45after 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 subsection (1),

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(c) either—

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

(ii) any suitable land available to be given in
5exchange is available 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
10were to be subject (to any extent) to special
parliamentary procedure.

(4B) 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
15in subsection (1), and

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

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

(4) 20In 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) section 141(2) of the Localism Act 2011 (which amended section 128),
and

(c) 25paragraph 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
of 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
30common 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) in section 132 after subsection (1) insert—

(1A) This section does not apply in a case to which section 130
35applies.

(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.

23 Modifications of special parliamentary procedure in certain cases

(1) 40The 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
45procedure to a limited extent”.

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(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
5compulsory 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
10orders 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
15revision 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
20(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,
25inalienable 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
30special-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) 35land (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) 40In subsection (4)(b)(ii) “common”, “fuel or field garden allotment” and
“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) 45Where under a special-acquisition provision an order is subject to
special 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).

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(2) Where those sections apply with those modifications in relation to an
order, 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) 5In 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
special authorisation.

(4) In section 3(2)—

(a) the reference to petitions against an order to which this Act
10applies is to be read as a reference to petitions against the
special authorisation, and

(b) in 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
15special authorisation.

(6) In section 3(4A)—

(a) the 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,
20and

(b) in paragraph (a) the reference to the order being one that relates
to 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
25proposals of that kind.

(7) In section 3(5)—

(a) the 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
30the report of the Chairmen in respect of the special
authorisation.

(8) In 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) 35the 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
reference to the special authorisation becoming void, and

(d) 40the 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
the special authorisation.

(10) 45In 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

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(b) the 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
5the special authorisation be annulled, the Minister is to either—

  • (a)

    withdraw 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
    10the order.

(5) A 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)

    15where a petition for amendment of the special
    authorisation 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
    20committee of both Houses for the purposes of
    the 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
    25a committee of that House, and

    (iii)

    when 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)

    30where no such petition has been so certified—

    (i)

    the 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
    35House as if it had been reported from a
    committee of that House, and

    (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.

(12) 40In section 5(1)—

(a) the 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
45be read as a reference to the special authorisation standing
referred 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.

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

(14) 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.

(15) 5In 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
authorisation being reported without amendment.

(16) 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
10being reported with amendments.

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

(18) In section 6(5)—

(a) 15the 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
out 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
20authorisation.

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

(5) After section 9 insert—

9A Standing Orders in cases where section 1A applies

(1) 25In this section, a reference to a special-acquisition order is to an order
which, under a special-acquisition provision, is subject to special
parliamentary 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
30applies 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.

(3) The reference in section 9(f) of this Act to any order is, in the case of a
35special-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) The 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) 40Where 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
otherwise, the provision applies in relation to a special-acquisition
order only so far as the order authorises compulsory acquisition of, or
45of a right over, land to which the particular special-acquisition
provision applies.

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

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

(7) In the Acquisition of Land Act 1981—

(a) 5in sections 17(2) and 18(2) (certain compulsory purchase orders subject
to special parliamentary procedure so far as authorising acquisition of
special 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
10orders subject to special parliamentary procedure so far as authorising
acquisition of rights over special land if owner objects to the order) for
“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
15authorising acquisition of special land if owner objects to the order) for “to the
order” substitute “to the acquisition of the land”.

(9) In 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,

  • 20section 27 of the Acquisition of Land Act 1981,

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

  • paragraph 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) 25An amendment made by subsection (4) or (5) applies in relation to any order
granting development consent which is made, and any compulsory purchase
order which is made or confirmed, after the amendment comes into force.

24 Bringing business and commercial projects within Planning Act 2008 regime

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

(2) 30For 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.

This is subject to the following provisions of this section and section
3535ZA.

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
if—

(a) 40the 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)
of a prescribed description,

(b) 45the development will (when completed) be wholly in one or
more of the areas specified in subsection (3), and