Planning Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Communities and
Local Government, are published separately as Bill 11—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Hazel Blears has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Planning Bill are compatible with the Convention
rights.
Bill 11
54/3
Contents
Part 1
The Infrastructure Planning Commission
1
2
Code of conduct
3
Register of Commissioners’ interests
4
Fees
Part 2
National policy statements
5
6
Review
7
Consultation and publicity
8
Consultation on publicity requirements
9
Sustainable development
10
Suspension pending review
11
Pre-commencement statements of policy, consultation etc.
12
Legal challenges relating to national policy statements
Part 3
Nationally significant infrastructure projects
General
13
Nationally significant infrastructure projects: general
Energy
14
Generating stations
15
Electric lines
16
Underground gas storage
17
Pipe-lines
ii
Transport
18
Highways
19
Airports
20
Harbour facilities
21
Railways
22
Rail freight interchanges
Water
23
Dams and reservoirs
24
Transfer of water resources
Waste water
25
Waste water treatment plants
Waste
26
Hazardous waste facilities
Part 4
Requirement for development consent
27
When development consent is required
28
Meaning of “development”
29
Effect of requirement for development consent on other consent regimes
30
Directions in relation to projects of national significance
31
Amendments consequential on development consent regime
Part 5
Applications for orders granting development consent
Chapter 1
Applications
32
33
Model provisions
34
Register of applications
35
Applications by the Crown for orders granting development consent
Chapter 2
Pre-application procedure
36
Chapter applies before application is made
37
Duty to consult
38
Local authorities for purposes of section 37(1)(b)
39
Categories for purposes of section 37(1)(d)
40
Timetable for consultation under section 37
41
Duty to notify Commission of proposed application
42
Duty to consult local community
iii
43
Duty to publicise
44
Duty to take account of responses to consultation and publicity
Chapter 3
Assistance for applicants and others
45
Advice for potential applicants and others
46
Obtaining information about interests in land
47
Rights of entry
48
Rights of entry: the Crown
Part 6
Deciding applications for orders granting development consent
Handling of application by Commission
49
Acceptance of applications
50
Notifying persons of accepted application
51
Categories for purposes of section 50(2)(d)
52
Certifying compliance with section 50
53
Initial choice of Panel or single Commissioner
54
Switching from single Commissioner to Panel
55
Delegation of functions by person appointed to chair Commission
The Panel procedure
Panels
56
Panel for each application to be handled under this Chapter
57
Appointment of members, and lead member, of Panel
58
Ceasing to be member, or lead member, of Panel
59
Panel member continuing though ceasing to be Commissioner
60
Additional appointments to Panel
61
Replacement of lead member of Panel
62
Membership of Panel where application relates to land in Wales
63
Supplementary provision where Panel replaces single Commissioner
64
Panel ceasing to have any members
65
Consequences of changes in Panel
Panel’s role in relation to application
66
Panel to decide, or make recommendation in respect of, application
67
Decision-making by the Panel
68
Allocation within Panel of Panel’s functions
69
Exercise of Panel’s powers for examining application
iv
The single-Commissioner procedure
The single Commissioner
70
Single Commissioner to handle application
71
Appointment of single Commissioner
72
Ceasing to be the single Commissioner
73
Single Commissioner continuing though ceasing to be Commissioner
74
Appointment of replacement single Commissioner
Single Commissioner’s role in relation to application
75
Single Commissioner to examine and report on application
Commission’s role in respect of application
76
Report from single Commissioner to be referred to Council
77
Decisions made by the Council on the application
Chapter 4
Examination of applications under Chapter 2 or 3
78
Chapter applies to examination by Panel or single Commissioner
79
Examining authority to control examination of application
80
Initial assessment of issues, and preliminary meeting
81
Examining authority’s decisions about how application is to be examined
82
Written representations
83
Hearings about specific issues
84
Open-floor hearings
85
Hearings: general provisions
86
Hearings: disruption, supervision and costs
87
Representations not made orally may be made in writing
88
Procedure rules
89
Timetable for examining, and deciding or reporting on, application
90
Completion of Examining authority’s examination of application
91
Assessors
92
Interpretation of Chapter 4: “interested party” and other expressions
Chapter 5
Decisions on applications
93
Cases where Secretary of State is, and meaning of, decision-maker
94
Decisions of Panel and Council
95
Decisions of Secretary of State
96
Matters that may be disregarded when deciding application
v
Chapter 6
Suspension of decision-making process
97
Suspension during review of national policy statement
Chapter 7
Intervention by Secretary of State
98
When power to intervene arises
99
Power of Secretary of State to intervene
100
Effect of intervention by Secretary of State
Chapter 8
Grant or refusal
101
Grant or refusal of development consent
102
Reasons for decision to grant or refuse development consent
103
Orders granting development consent: formalities
Chapter 9
Legal challenges
104
Legal challenges relating to applications for orders granting development
consent
Part 7
Development consent orders
Content of development consent orders
105
What may be included in order granting development consent
106
Exercise of powers in relation to legislation
Compulsory acquisition
107
Purpose for which compulsory acquisition may be authorised
108
Guidance about authorisation of compulsory acquisition
109
Compensation for compulsory acquisition
110
Statutory undertakers’ land
111
Local authority land and statutory undertakers’ land: general
112
Local authority and statutory undertakers’ land: acquisition by public body
113
National Trust land
114
Commons, open spaces etc: compulsory acquisition of land
115
Commons, open spaces etc: compulsory acquisition of rights over land
116
Crown land