House of Commons portcullis
House of Commons
Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill


Planning Bill
Part 1 — The Infrastructure Planning Commission

1

 

A

Bill

[AS AMENDED IN PUBLIC BILL COMMITTEE]

To

Establish the Infrastructure Planning Commission and make provision about

its functions; to make provision about, and about matters ancillary to, the

authorisation of projects for the development of nationally significant

infrastructure; to make provision about town and country planning; to make

provision about the imposition of a Community Infrastructure Levy; and for

connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

The Infrastructure Planning Commission

1       

The Infrastructure Planning Commission

(1)   

There is to be a body corporate called the Infrastructure Planning Commission

(in this Act referred to as “the Commission”).

5

(2)   

The Commission’s functions are those conferred on it by or under this or any

other Act.

(3)   

Schedule 1 is about the Commission.

2       

Code of conduct

(1)   

The Commission must issue a code about the conduct expected of

10

Commissioners in connection with the performance of the Commission’s

functions.

(2)   

The code must include—

 

Bill 71                                                                                                 

54/3

 
 

Planning Bill
Part 1 — The Infrastructure Planning Commission

2

 

(a)   

provision requiring each Commissioner to disclose financial and other

interests in accordance with the procedure established under section 3,

and

(b)   

such other provision as the Secretary of State may direct.

(3)   

The Commission must arrange for the code to be published.

5

(4)   

The Commission—

(a)   

must keep the code under review, and

(b)   

may from time to time revise it or replace it.

(5)   

References in this Act to the code of conduct issued under this section include

the code as revised or replaced under this section.

10

(6)   

A failure to observe any provision of the code does not of itself make a

Commissioner liable to any criminal or civil proceedings.

3       

Register of Commissioners’ interests

(1)   

The Commission must establish a procedure for the disclosure and registration

of financial and other interests of Commissioners.

15

(2)   

The Commission must arrange for the register entries to be published.

4       

Fees

(1)   

The Secretary of State may make regulations providing for the charging of fees

by the Commission in connection with the performance of any of its functions.

(2)   

Regulations under subsection (1) may in particular make provision—

20

(a)   

about when a fee (including a supplementary fee) may, and may not,

be charged;

(b)   

about the amount which may be charged;

(c)   

about what may, and may not, be taken into account in calculating the

amount charged;

25

(d)   

about who is liable to pay a fee charged;

(e)   

about when a fee charged is payable;

(f)   

about the recovery of fees charged;

(g)   

about waiver, reduction or repayment of fees;

(h)   

about the effect of paying or failing to pay fees charged;

30

(i)   

for the supply of information for any purpose of the regulations.

(3)   

The regulations may provide for the amounts of fees to be calculated by

reference to costs incurred by the Commission—

(a)   

in the performance of any of its functions, and

(b)   

in doing anything which is calculated to facilitate, or is conducive or

35

incidental to, the performance of any of its functions.

 
 

Planning Bill
Part 2 — National policy statements

3

 

Part 2

National policy statements

5       

National policy statements

(1)   

The Secretary of State may designate a statement as a national policy statement

for the purposes of this Act if the statement—

5

(a)   

is issued by the Secretary of State, and

(b)   

sets out national policy in relation to one or more specified descriptions

of development.

(2)   

In this Act “national policy statement” means a statement designated under

subsection (1) as a national policy statement for the purposes of this Act.

10

(3)   

Before designating a statement as a national policy statement for the purposes

of this Act the Secretary of State must carry out an appraisal of the

sustainability of the policy set out in the statement.

(4)   

A statement may be designated as a national policy statement for the purposes

of this Act only if the consultation and publicity requirements set out in section

15

7 have been complied with in relation to it.

(5)   

The policy set out in a national policy statement may in particular—

(a)   

set out, in relation to a specified description of development, the

amount, type or size of development of that description which is

appropriate nationally or for a specified area;

20

(b)   

set out criteria to be applied in deciding whether a location is suitable

(or potentially suitable) for a specified description of development;

(c)   

set out the relative weight to be given to specified criteria;

(d)   

identify one or more locations as suitable (or potentially suitable) or

unsuitable for a specified description of development;

25

(e)   

identify one or more statutory undertakers as appropriate persons to

carry out a specified description of development;

(f)   

set out circumstances in which it is appropriate for a specified type of

action to be taken to mitigate the impact of a specified description of

development.

30

(6)   

A national policy statement must give reasons for the policy set out in the

statement.

(7)   

The Secretary of State must arrange for the publication of a national policy

statement.

(8)   

In this section “statutory undertakers” means persons who are, or are deemed

35

to be, statutory undertakers for the purposes of any provision of Part 11 of

TCPA 1990.

6       

Review

(1)   

The Secretary of State must review each national policy statement whenever

the Secretary of State thinks it appropriate to do so.

40

(2)   

After completing a review of a national policy statement the Secretary of State

must do one of the following—

(a)   

amend the statement;

 
 

Planning Bill
Part 2 — National policy statements

4

 

(b)   

withdraw the statement’s designation as a national policy statement;

(c)   

leave the statement as it is.

(3)   

Before amending a national policy statement the Secretary of State must carry

out an appraisal of the sustainability of the policy set out in the proposed

amendment.

5

(4)   

The Secretary of State may amend a national policy statement only if the

consultation and publicity requirements set out in section 7 have been

complied with in relation to the proposed amendment.

(5)   

Subsections (3) and (4) do not apply if the Secretary of State thinks that the

proposed amendment (taken with any other proposed amendments) does not

10

materially affect the policy as set out in the national policy statement.

(6)   

If the Secretary of State amends a national policy statement, the Secretary of

State must arrange for the amendment, or the statement as amended, to be

published.

7       

Consultation and publicity

15

(1)   

This section sets out the consultation and publicity requirements referred to in

sections 5(4) and 6(4).

(2)   

The Secretary of State must carry out such consultation, and arrange for such

publicity, as the Secretary of State thinks appropriate in relation to the

proposal.

20

   

This is subject to subsections (4) and (5).

(3)   

In this section “the proposal” means—

(a)   

the statement that the Secretary of State proposes to designate as a

national policy statement for the purposes of this Act, or

(b)   

(as the case may be) the proposed amendment.

25

(4)   

The Secretary of State must consult such persons, and such descriptions of

persons, as may be prescribed.

(5)   

If the policy set out in the proposal identifies one or more locations as suitable

(or potentially suitable) for a specified description of development, the

Secretary of State must ensure that appropriate steps are taken to publicise the

30

proposal.

(6)   

The Secretary of State must have regard to the responses to the consultation

and publicity in deciding whether to proceed with the proposal.

8       

Consultation on publicity requirements

(1)   

In deciding what steps are appropriate for the purposes of section 7(5), the

35

Secretary of State must consult—

(a)   

each local authority that is within subsection (2) or (3), and

(b)   

the Greater London Authority, if any of the locations concerned is in

Greater London.

(2)   

A local authority is within this subsection if any of the locations concerned is

40

in the authority’s area.

(3)   

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

 
 

Planning Bill
Part 2 — National policy statements

5

 

(a)   

any of the locations concerned 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

B’s area.

(4)   

In this section “local authority” means—

5

(a)   

a county council, or district council, in England,

(b)   

a London borough council,

(c)   

the Common Council of the City of London,

(d)   

the Council of the Isles of Scilly,

(e)   

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

10

(f)   

a council constituted under section 2 of the Local Government etc.

(Scotland) Act 1994 (c. 39).

9       

Sustainable development

(1)   

This section applies to the Secretary of State’s functions under sections 5 and 6.

(2)   

The Secretary of State must, in exercising those functions, do so with the

15

objective of contributing to the achievement of sustainable development.

10      

Suspension pending review

(1)   

This section applies if the Secretary of State thinks that—

(a)   

since the time when a national policy statement was first published or

(if later) last reviewed, there has been a significant change in any

20

circumstances on the basis of which any of the policy set out in the

statement was decided,

(b)   

the change was not anticipated at that time, and

(c)   

if the change had been anticipated at that time, any of the policy set out

in the statement would have been materially different.

25

(2)   

The Secretary of State may suspend the operation of all or any part of the

national policy statement until a review of the statement has been completed.

(3)   

If the Secretary of State does so, the designation as a national policy statement

of the statement or (as the case may be) the part of the statement that has been

suspended is treated as having been withdrawn until the day on which the

30

Secretary of State complies with section 6(2) in relation to the review.

11      

Pre-commencement statements of policy, consultation etc.

(1)   

The Secretary of State may designate a statement as a national policy statement

for the purposes of this Act even if—

(a)   

the statement has been issued by the Secretary of State before the

35

commencement day, or

(b)   

the statement sets out national policy by reference to one or more

statements issued by the Secretary of State before the commencement

day.

(2)   

If an appraisal of the sustainability of the policy set out in a statement is carried

40

out before the commencement day, the Secretary of State may treat the

appraisal as meeting the requirements of section 5(3).

 
 

Planning Bill
Part 2 — National policy statements

6

 

(3)   

The Secretary of State may take account of consultation carried out, and

publicity arranged, before the commencement day for the purpose of

complying with the requirements of section 7.

(4)   

“The commencement day” means the day on which section 5 comes fully into

force.

5

12      

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

10

(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

15

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

20

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.

25

(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

30

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—

35

(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

40

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 gas storage facilities;

(d)   

the construction or alteration of an LNG facility;

10

(e)   

the construction or alteration of a gas reception facility;

(f)   

the construction of a pipe-line;

(g)   

highway-related development;

(h)   

the construction or alteration of an airport;

(i)   

the construction or alteration of harbour facilities;

15

(j)   

the construction of a railway;

(k)   

the construction or alteration of a rail freight interchange;

(l)   

the construction or alteration of a dam or reservoir;

(m)   

development relating to the transfer of water resources;

(n)   

the construction or alteration of a waste water treatment plant;

20

(o)   

the construction or alteration of a hazardous waste facility.

(2)   

Subsection (1) is subject to sections 14 to 28.

(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;

25

(b)   

make further provision, or amend or repeal existing provision, about

the types of project which are, and are not, within subsection (1).

(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—

30

(a)   

a project of the new type is a project for the carrying out of works in one

or more of the fields specified in subsection (6), and

(b)   

the works are to be carried out wholly in one or more of the areas

specified in subsection (7).

(6)   

The fields are—

35

(a)   

energy;

(b)   

transport;

(c)   

water;

(d)   

waste water;

(e)   

waste.

40

(7)   

The areas are—

(a)   

England;

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2008
Revised 7 February 2008