Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Part 2 — National policy statements
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Legal challenges relating to national policy statements
(1)
A court may entertain proceedings for questioning a national policy statement
or anything done, or omitted to be done, by the Secretary of State in the course
of preparing such a statement only if—
(a)
the proceedings are brought by a claim for judicial review, and
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(b)
the claim form is filed during the period of 6 weeks beginning with—
(i)
the day on which the statement is designated as a national
policy statement for the purposes of this Act, or
(ii)
(if later) the day on which the statement is published.
(2)
A court may entertain proceedings for questioning a decision of the Secretary
10
of State not to review a national policy statement only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with the
day of the decision not to review the statement.
(3)
A court may entertain proceedings for questioning a decision of the Secretary
15
of State to review a national policy statement only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with the
day on which the Secretary of State complies with section 6(2) in
relation to the review concerned.
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(4)
A court may entertain proceedings for questioning anything done, or omitted
to be done, by the Secretary of State in the course of reviewing a national policy
statement only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with the
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day on which the Secretary of State complies with section 6(2) in
relation to the review concerned.
(5)
A court may entertain proceedings for questioning anything done by the
Secretary of State under section 6(2) after completing a review of a national
policy statement only if—
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(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with the
day on which the thing concerned is done.
(6)
A court may entertain proceedings for questioning a decision of the Secretary
of State as to whether or not to suspend the operation of all or part of a national
35
policy statement under section 10 only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with the
day of the decision.

Planning Bill
Part 3 — Nationally significant infrastructure projects
7

Part 3
Nationally significant infrastructure projects
General
13
Nationally significant infrastructure projects: general
(1)
In this Act “nationally significant infrastructure project” means a project which
5
consists of any of the following—
(a)
the construction or extension of a generating station;
(b)
the installation of an electric line above ground;
(c)
development relating to underground storage of gas;
(d)
the construction of a pipe-line;
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(e)
the construction of a highway;
(f)
the construction or extension of an airport;
(g)
the construction or extension of harbour facilities;
(h)
the construction of a railway;
(i)
the construction of a rail freight interchange;
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(j)
the construction or extension of a dam or reservoir;
(k)
development relating to the transfer of water resources;
(l)
the construction of a waste water treatment plant;
(m)
the construction of a hazardous waste facility.
(2)
Subsection (1) is subject to sections 14 to 26.
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(3)
The Secretary of State may by order—
(a)
amend subsection (1) to add a new type of project or vary or remove an
existing type of project;
(b)
make further provision, or amend or repeal existing provision, about
the types of project which are, and are not, within subsection (1).
25
(4)
An order under subsection (3)(b) may amend this Act.
(5)
The power conferred by subsection (3) may be exercised to add a new type of
project to subsection (1) only if a project of the new type is a project for the
carrying out of works in England in the field of—
(a)
energy,
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(b)
transport,
(c)
water,
(d)
waste water, or
(e)
waste.
Energy
35
14
Generating stations
(1)
The construction or extension of a generating station is within section 13(1)(a)
only if the generating station is or (when constructed or extended) will be
within subsection (2) or (3).
(2)
A generating station is within this subsection if—
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Planning Bill
Part 3 — Nationally significant infrastructure projects
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(a)
it is in England or Wales,
(b)
it is not an offshore generating station, and
(c)
its capacity is more than 50 megawatts.
(3)
A generating station is within this subsection if—
(a)
it is an offshore generating station, and
5
(b)
its capacity is more than 100 megawatts.
(4)
An “offshore” generating station is a generating station that is—
(a)
in waters in or adjacent to England or Wales between the mean low
water mark and the seaward limits of the territorial sea, or
(b)
in a Renewable Energy Zone, except any part of a Renewable Energy
10
Zone in relation to which the Scottish Ministers have functions.
15
Electric lines
(1)
The installation of an electric line above ground is within section 13(1)(b) only
if (when installed) the electric line will be—
(a)
wholly in England,
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(b)
wholly in Wales,
(c)
partly in England and partly in Wales, or
(d)
partly in England and partly in Scotland, subject to subsection (2).
(2)
In the case of an electric line falling within subsection (1)(d), the installation of
the line above ground is within section 13(1)(b) only to the extent that (when
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installed) the line will be in England.
(3)
The installation of an electric line above ground is not within section 13(1)(b)—
(a)
if the line has a nominal voltage not exceeding 20 kilovolts and is used
or intended to be used for supplying a single consumer, or
(b)
to the extent that the line is or (when installed) will be within premises
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in the occupation or control of the person responsible for its
installation.
(4)
“Premises” includes any land, building or structure.
16
Underground gas storage
(1)
Development relating to underground storage of gas is within section 13(1)(c)
30
only if the development is within subsection (2) or (3).
(2)
Development is within this subsection if—
(a)
it is the carrying out of operations for the purpose of creating facilities
for the underground storage of gas in England, or
(b)
it is starting to use strata in England for the underground storage of gas.
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(3)
Development is within this subsection if—
(a)
it is starting to use natural porous strata in Wales for the underground
storage of gas, and
(b)
the proposed developer is a gas transporter.
(4)
“Gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (c. 44)
40
(see section 7(1) of that Act).

Planning Bill
Part 3 — Nationally significant infrastructure projects
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17
Pipe-lines
(1)
The construction of a pipe-line is within section 13(1)(d) only if the pipe-line is
or (when constructed) will be—
(a)
a cross-country pipe-line,
(b)
a pipe-line the construction of which would (but for section 29(1) of this
5
Act) require authorisation under section 1(1) of the Pipe-lines Act 1962
(c. 58) (cross-country pipe-lines not to be constructed without
authorisation), and
(c)
within subsection (2).
(2)
A pipe-line is within this subsection if one end of it is in England or Wales
10
and—
(a)
the other end of it is in England or Wales, or
(b)
it is an oil or gas pipe-line and the other end of it is in Scotland.
(3)
For the purposes of section 13(1)(d) and the previous provisions of this section,
the construction of a diversion to a pipe-line is treated as the construction of a
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separate pipe-line.
(4)
But if—
(a)
the pipe-line to be diverted is itself a nationally significant pipe-line,
and
(b)
the length of the pipe-line which is to be diverted has not been
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constructed,

the construction of the diversion is treated as the construction of a cross-
country pipe-line, whatever the length of the diversion.
(5)
A “nationally significant pipe-line” is a pipe-line the construction of which has
been authorised by development consent.
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(6)
“Diversion” means a lateral diversion of a length of a pipe-line (whether or not
that pipe-line has been constructed) where the diversion is beyond the
permitted limits.
(7)
The permitted limits are the limits of lateral diversion permitted by any of the
following granted in respect of the construction of the pipe-line—
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(a)
development consent;
(b)
authorisation under the Pipe-lines Act 1962;
(c)
planning permission.
Transport
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Highways
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(1)
The construction of a highway is within section 13(1)(e) only if—
(a)
the highway will (when constructed) be in England,
(b)
the Secretary of State will be the highway authority for the highway,
and
(c)
the highway is proposed to be (or to be part of) a highway of a type
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within subsection (2).
(2)
The types of highway are—
(a)
a trunk road;

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Part 3 — Nationally significant infrastructure projects
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(b)
a special road;
(c)
a highway the construction of which is a project in respect of which the
Secretary of State is required to publish an environmental statement
under section 105A(3) of the Highways Act 1980 (c. 66).
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Airports
5
(1)
The construction of an airport is within section 13(1)(f) only if (when
constructed) the airport—
(a)
will be in England, and
(b)
will be capable of providing air passenger transport services for at least
10 million passengers per year.
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(2)
“Extension”, in relation to an airport, includes—
(a)
the construction or extension of a runway at the airport, or
(b)
the construction or extension of a building at the airport.
(3)
An extension of an airport is within section 13(1)(f) only if—
(a)
the airport is in England, and
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(b)
the effect of the extension will be to increase by at least 10 million
people per year the number of passengers for whom the airport is
capable of providing air passenger transport services.
(4)
“Air passenger transport services” means services for the carriage by air of
passengers.
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Harbour facilities
(1)
The construction or extension of harbour facilities is within section 13(1)(g)
only if the harbour facilities will (when constructed or extended) be capable of
handling the embarkation or disembarkation of at least the relevant quantity
of material per year.
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(2)
“The relevant quantity” is—
(a)
in the case of facilities for container ships, 500,000 TEU;
(b)
in the case of facilities for ro-ro ships, 250,000 units;
(c)
in the case of facilities for cargo ships of any other description, 5 million
tonnes.
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(3)
In this section—
“cargo ship” means a ship which is used for carrying cargo;
“container ship” means a cargo ship which carries all or most of its cargo
in containers;
“ro-ro ship” means a ship which is used for carrying wheeled cargo;
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“TEU” means a twenty-foot equivalent unit;
“unit” in relation to a ro-ro ship means any item of wheeled cargo
(whether or not self-propelled).
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Railways
(1)
The construction of a railway is within section 13(1)(h) only if (when
40
constructed) the railway will be—
(a)
wholly in England, and

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Part 3 — Nationally significant infrastructure projects
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(b)
part of the railway network.
(2)
“Network” has the meaning given by section 83(1) of the Railways Act 1993
(c. 43).
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Rail freight interchanges
(1)
The construction of a rail freight interchange is within section 13(1)(i) only if
5
(when constructed) each of the conditions in subsections (2) to (6) will be met
in relation to it.
(2)
The land on which the rail freight interchange is situated must—
(a)
be in England, and
(b)
be at least 60 hectares in area.
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(3)
The rail freight interchange must be capable of handling—
(a)
consignments of goods from more than one consignor and to more than
one consignee, and
(b)
at least 4 container trains per day.
(4)
The rail freight interchange must be part of the railway network in England.
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(5)
The rail freight interchange must include warehouses to which goods can be
delivered from the railway network in England either directly or by means of
another form of transport.
(6)
The rail freight interchange must not be part of a military establishment.
(7)
In this section—
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“container train” means a train that (ignoring any locomotive) consists of
items of rolling stock designed to carry goods in containers;
“military establishment” means an establishment intended for use for
naval, military or air force purposes or for the purposes of the
Department of the Secretary of State responsible for defence.
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(8)
The following terms have the meanings given by section 83(1) of the Railways
Act 1993—
“network”;
“rolling stock”;
“train”.
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Water
23
Dams and reservoirs
(1)
The construction of a dam or reservoir is within section 13(1)(j) only if—
(a)
the dam or reservoir (when constructed) will be in England,
(b)
the construction will be carried out by one or more water undertakers,
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and
(c)
the volume of water to be held back by the dam or stored in the
reservoir exceeds 10 million cubic metres.
(2)
The extension of a dam or reservoir is within section 13(1)(j) only if—
(a)
the dam or reservoir is in England,
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(b)
the extension will be carried out by one or more water undertakers, and

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Part 3 — Nationally significant infrastructure projects
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(c)
the additional volume of water to be held back by the dam or stored in
the reservoir as a result of the extension exceeds 10 million cubic
metres.
(3)
“Water undertaker” means a company appointed as a water undertaker under
the Water Industry Act 1991 (c. 56).
5
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Transfer of water resources
(1)
Development relating to the transfer of water resources is within section
13(1)(k) only if—
(a)
the development will be carried out in England by one or more water
undertakers,
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(b)
the volume of water to be transferred as a result of the development
exceeds 100 million cubic metres per year,
(c)
the development will enable the transfer of water resources—
(i)
between river basins in England,
(ii)
between water undertakers’ areas in England, or
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(iii)
between a river basin in England and a water undertaker’s area
in England, and
(d)
the development does not relate to the transfer of drinking water.
(2)
In this section—
“river basin” means an area of land drained by a river and its tributaries;
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“water undertaker” means a company appointed as a water undertaker
under the Water Industry Act 1991;
“water undertaker’s area” means the area for which a water undertaker is
appointed under that Act.
Waste water
25
25
Waste water treatment plants
(1)
The construction of a waste water treatment plant is within section 13(1)(l) only
if the treatment plant (when constructed)—
(a)
will be in England, and
(b)
will have a capacity exceeding a population equivalent of 150,000.
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(2)
“Waste water” includes domestic waste water, industrial waste water and
urban waste water.
(3)
The following terms have the meanings given by regulation 2(1) of the Urban
Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/
2841)—
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“domestic waste water”;
“industrial waste water”;
“population equivalent”;
“urban waste water”.