Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Part 4 — Requirement for development consent
13

Waste
26
Hazardous waste facilities
(1)
The construction of a hazardous waste facility is within section 13(1)(m) only
if—
(a)
the facility (when constructed) will be in England, and
5
(b)
the conditions in subsections (2) and (3) are met.
(2)
The main purpose of the facility must be the final disposal or recovery of
hazardous waste.
(3)
The capacity of the facility must be—
(a)
in the case of the disposal of hazardous waste by landfill or in a deep
10
storage facility, more than 100,000 tonnes per year;
(b)
in any other case, more than 30,000 tonnes per year.
(4)
The following terms have the same meanings as in the Hazardous Waste
(England and Wales) Regulations 2005 (S.I. 2005/894) (see regulation 5 of those
regulations)—
15
“disposal”;
“hazardous waste”;
“recovery”.
(5)
“Deep storage facility” means a facility for the storage of waste underground
in a deep geological cavity.
20
Part 4
Requirement for development consent
27
When development consent is required
(1)
Consent under this Act (“development consent”) is required for development
to the extent that the development is or forms part of a nationally significant
25
infrastructure project.
(2)
If—
(a)
an application for an order granting development consent has been
made in respect of development, and
(b)
a question arises as to whether development consent is required for the
30
development,

the question must be decided by the Commission.
28
Meaning of “development”
(1)
In this Act (except in Part 10) “development” has the same meaning as it has in
TCPA 1990.
35

This is subject to subsections (2) and (3).
(2)
For the purposes of this Act—
(a)
the conversion of a generating station with a view to its being fuelled
by crude liquid petroleum, a petroleum product or natural gas is
treated as a material change in the use of the generating station;
40

Planning Bill
Part 4 — Requirement for development consent
14

(b)
starting to use strata for the underground storage of gas is treated as a
material change in the use of the strata.
(3)
For the purposes of this Act the following works are taken to be development
(to the extent that they would not be otherwise)—
(a)
works for the demolition of a listed building or its alteration or
5
extension in a manner which would affect its character as a building of
special architectural or historic interest;
(b)
demolition of a building in a conservation area;
(c)
works resulting in the demolition or destruction of or any damage to a
scheduled monument;
10
(d)
works for the purpose of removing or repairing a scheduled monument
or any part of it;
(e)
works for the purpose of making any alterations or additions to a
scheduled monument;
(f)
flooding or tipping operations on land in, on or under which there is a
15
scheduled monument.
(4)
In this section—
“conservation area” has the meaning given by section 91(1) of the Listed
Buildings Act;
“flooding operations” has the meaning given by section 61(1) of the
20
Ancient Monuments and Archaeological Areas Act 1979 (c. 46);
“listed building” has the meaning given by section 1(5) of the Listed
Buildings Act;
“petroleum products” has the meaning given by section 21 of the Energy
Act 1976 (c. 76);
25
“scheduled monument” has the meaning given by section 1(11) of the
Ancient Monuments and Archaeological Areas Act 1979;
“tipping operations” has the meaning given by section 61(1) of that Act.
29
Effect of requirement for development consent on other consent regimes
(1)
To the extent that development consent is required for development, none of
30
the following is required to be obtained for the development or given in
relation to it—
(a)
planning permission;
(b)
consent under section 8(1), (2) or (3) of the Listed Buildings Act;
(c)
consent under section 74(1) of the Listed Buildings Act;
35
(d)
consent under section 2(3) or 3 of the Ancient Monuments and
Archaeological Areas Act 1979;
(e)
consent under section 10(1), 11(1) or 12(1) of the Green Belt (London
and Home Counties) Act 1938 (c. xciii) (erection of buildings and
construction of sewer main pipes, watercourses and electric lines etc.
40
on Green Belt land);
(f)
consent under section 34(1) of the Coast Protection Act 1949 (c. 74)
(works detrimental to navigation);
(g)
a pipe-line construction authorisation under section 1(1) of the Pipe-
lines Act 1962 (c. 58) (authorisation for construction of cross-country
45
pipe-lines);
(h)
consent under section 39(1) of the Pipe-lines Act 1962 (placing of pipe-
line over or under harbour waters);

Planning Bill
Part 4 — Requirement for development consent
15

(i)
authorisation by an order under section 4(1) of the Gas Act 1965 (c. 36)
(storage of gas in underground strata);
(j)
notice under section 14(1) of the Energy Act 1976 (c. 76) (conversion of
generating station from one fuel to another);
(k)
consent under section 36 or 37 of the Electricity Act 1989 (c. 29)
5
(construction etc. of generating stations and installation of overhead
lines).
(2)
To the extent that development consent is required for development, none of
the following may be made or given in relation to it—
(a)
an order under section 14 or 16 of the Harbours Act 1964 (c. 40) (orders
10
in relation to harbours, docks and wharves);
(b)
an order under section 4(1) of the Gas Act 1965 (order authorising
storage of gas in underground strata);
(c)
notice under section 16(1) of the Gas Act 1965 (safety conditions);
(d)
an order under section 1 or 3 of the Transport and Works Act 1992
15
(c. 42) (orders as to railways, tramways, inland waterways etc.).
(3)
If development consent is required for the construction of a proposed highway,
none of the following may be made in relation to the highway, or confirmed,
before the highway is opened for the purposes of through traffic—
(a)
an order under section 10 of the Highways Act 1980 (c. 66) (general
20
provisions as to trunk roads) directing that the highway should become
a trunk road;
(b)
an order under section 14 of that Act (supplementary orders relating to
trunk roads and classified roads);
(c)
a scheme under section 16 of that Act (schemes authorising the
25
provision of special roads);
(d)
an order under section 18 of that Act (supplementary orders relating to
special roads);
(e)
an order or scheme under section 106 of that Act (orders and schemes
providing for construction of bridges over or tunnels under navigable
30
waters);
(f)
an order under section 108 or 110 of that Act (orders authorising the
diversion of navigable and non-navigable watercourses);
(g)
an order under section 6 of the New Roads and Street Works Act 1991
(c. 22) (toll orders).
35
30
Directions in relation to projects of national significance
(1)
This section applies if—
(a)
an application for a consent or authorisation mentioned in section 29(1)
or (2) is made to an authority (“the relevant authority”) in relation to
development,
40
(b)
the development is or forms part of a project in one of the fields
mentioned in section 13(5),
(c)
the development will (when completed) be wholly in England, and
(d)
the Secretary of State thinks that the project is of national significance.
(2)
The Secretary of State may direct—
45
(a)
the relevant authority to refer the application to the Commission
instead of dealing with it themselves,

Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 1 — Applications
16

(b)
the Commission to treat the development as development for which
development consent is required, and
(c)
the Commission to accept the application as if it met the requirements
of section 49(3).
(3)
If the Secretary of State is considering whether to give a direction under
5
subsection (2), the Secretary of State may direct the relevant authority to take
no further action in relation to the application until the Secretary of State has
decided whether to give the direction.
(4)
The Secretary of State may require the relevant authority to provide any
information required by the Secretary of State for the purpose of enabling the
10
Secretary of State to decide whether to give a direction under subsection (2).
(5)
If the Secretary of State decides to give a direction under subsection (2), the
Secretary of State must give reasons for the decision.
31
Amendments consequential on development consent regime
Schedule 2 makes amendments consequential on the development consent
15
regime.
Part 5
Applications for orders granting development consent
Chapter 1
Applications
20
32
Applications for orders granting development consent
(1)
An order granting development consent may be made only if an application is
made for it.
(2)
An application for an order granting development consent must be made to the
Commission.
25
(3)
An application for an order granting development consent must—
(a)
specify the development to which it relates,
(b)
be made in the prescribed form,
(c)
be accompanied by the consultation report, and
(d)
be accompanied by documents and information of a prescribed
30
description.
(4)
The Commission may give guidance about how the requirements under
subsection (3) are to be complied with.
(5)
The Commission may set standards for—
(a)
the preparation of a document required by subsection (3)(d);
35
(b)
the coverage in such a document of a matter falling to be dealt with in it;
(c)
all or any of the collection, sources, verification, processing and
presentation of information required by subsection (3)(d).

Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 1 — Applications
17

(6)
The Commission must publish, in such manner as it thinks appropriate, any
guidance given under subsection (4) and any standards set under subsection
(5).
(7)
In subsection (3)(c) “the consultation report” means a report of—
(a)
the consultation carried out under section 42(5) in relation to a
5
proposed application that has become the application,
(b)
the results of that consultation, and
(c)
the account taken of those results.
33
Model provisions
(1)
The Secretary of State may by order prescribe model provisions for
10
incorporation in a draft order which may be required (in accordance with
regulations made under section 32) to accompany an application for an order
granting development consent.
(2)
The Commission must have regard to any model provisions prescribed by an
order under subsection (1) when exercising its power to make an order
15
granting development consent.
(3)
The fact that a model provision has been prescribed by an order under
subsection (1) does not make it mandatory for a provision in the terms of the
model to be included in—
(a)
a draft order, or
20
(b)
an order granting development consent.
34
Register of applications
(1)
The Commission is to maintain a register of applications received by it for
orders granting development consent (“the register”).
(2)
Where the Commission receives an application for an order granting
25
development consent, it must cause details of the application to be entered in
the register.
(3)
The Commission must publish the register or make arrangements for
inspection of the register by the public.
(4)
The Commission must make arrangements for inspection by the public of—
30
(a)
applications received by the Commission for orders granting
development consent, and
(b)
accompanying documents and information received by the
Commission under section 32(3)(d).
35
Applications by the Crown for orders granting development consent
35
(1)
This section applies to an application for an order granting development
consent made by or on behalf of the Crown.
(2)
The Secretary of State may by regulations modify or exclude any statutory
provision relating to—
(a)
the procedure to be followed before such an application is made;
40
(b)
the making of such an application;
(c)
the decision-making process for such an application.

Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 2 — Pre-application procedure
18

(3)
A statutory provision is a provision contained in or having effect under this Act
or any other enactment.
Chapter 2
Pre-application procedure
36
Chapter applies before application is made
5
(1)
This Chapter applies where a person (“the applicant”) proposes to make an
application for an order granting development consent.
(2)
In the following provisions of this Chapter—
“the proposed application” means the proposed application mentioned in
subsection (1);
10
“the land” means the land to which the proposed application relates or
any part of that land;
“the proposed development” means the development for which the
proposed application (if made) would seek development consent.
37
Duty to consult
15
(1)
The applicant must consult the following about the proposed application—
(a)
such persons as may be prescribed,
(b)
each local authority that is within section 38,
(c)
the Greater London Authority if the land is in Greater London, and
(d)
each person who is within one or more of the categories set out in
20
section 39.
(2)
The Commission may issue guidance about how to comply with the duty
under subsection (1).
(3)
The applicant must, in discharging that duty, have regard to any guidance
under subsection (2).
25
38
Local authorities for purposes of section 37(1)(b)
(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)
the land is in the area of another local authority (“B”), and
(b)
any part of the boundary of A’s area is also a part of the boundary of
30
B’s area.
(3)
In this section “local authority” means—
(a)
a district council in England,
(b)
a county council for an area in England for which there are no district
councils,
35
(c)
a London borough council,
(d)
the Common Council of the City of London,
(e)
the Council of the Isles of Scilly,
(f)
a county council, or county borough council, in Wales, or

Planning Bill
Part 5 — Applications for orders granting development consent
Chapter 2 — Pre-application procedure
19

(g)
a council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994 (c. 39).
39
Categories for purposes of section 37(1)(d)
(1)
A person is within Category 1 if the person is an owner, lessee, tenant
(whatever the tenancy period) or occupier of the land.
5
(2)
A person is within Category 2 if the applicant, after making diligent inquiry,
knows that the person—
(a)
is interested in the land, or
(b)
has power—
(i)
to sell and convey the land, or
10
(ii)
to release the land.
(3)
An expression, other than “the land”, that appears in subsection (2) of this
section and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has
in subsection (2) the meaning that it has in section 5(1) of that Act.
(4)
A person is within Category 3 if the applicant thinks that, if the order sought
15
by the proposed application were to be made and fully implemented, the
person would or might 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,
20

to 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),
25
(b)
a claim under Part 1 of the Land Compensation Act 1973 (c. 26)
(compensation for depreciation of land by emissions caused by use of
public works), or
(c)
a claim for nuisance.
40
Timetable for consultation under section 37
30
(1)
The applicant must, when consulting a person under section 37(1), notify the
person of the deadline for the receipt by the applicant of the person’s response
to the consultation.
(2)
A deadline notified under subsection (1) must not be earlier than the end of the
period of 28 days that begins with the day after the day on which the person
35
receives the consultation documents.
(3)
In subsection (2) “the consultation documents” means the documents supplied
to the person by the applicant for the purpose of consulting the person.
41
Duty to notify Commission of proposed application
(1)
The applicant must supply the Commission with such information in relation
40
to the proposed application as the applicant would supply to the Commission
for the purpose of complying with subsection (1) of section 37 if the applicant