Planning Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Planning Bill

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
129

Parliamentary Commissioner
23
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
(departments etc. subject to investigation) at the appropriate place insert—
“Infrastructure Planning Commission.”
Disqualification
5
24    (1)
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (bodies of which all members are disqualified) at the appropriate
place insert—
“The Infrastructure Planning Commission.”
      (2)
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
10
Act 1975 (c. 25) (bodies of which all members are disqualified) at the
appropriate place insert—
“The Infrastructure Planning Commission.”
Public records
25
In Schedule 1 to the Public Records Act 1958 (definition of public records) in
15
Part 2 of the Table at the end of paragraph 3 at the appropriate place insert—
“Infrastructure Planning Commission.”
Freedom of information
26
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other
public bodies and offices: general) at the appropriate place insert—
20
“The Infrastructure Planning Commission.”
Schedule 2
Section 34

Amendments consequential on development consent regime
Green Belt (London and Home Counties) Act 1938 (c. xciii)
1
The Green Belt (London and Home Counties) Act 1938 is amended as
25
follows.
2
In section 10 (restriction on erection of buildings) after subsection (1)
insert—
“(1A)
Subsection (1) of this section is subject to section 31(1) of the Planning
Act 2008 (exclusion of requirement for other consents for
30
development for which development consent required).”
3
In section 11 (saving for lines, pipes, sewers etc.) after subsection (1) insert—
“(1A)
The proviso to subsection (1) of this section is subject to section 31(1)
of the Planning Act 2008 (exclusion of requirement for other consents
for development for which development consent required).”
35
4
In section 12 (erection of buildings for certain statutory purposes) after

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
130

subsection (1) insert—
“(1A)
Subsection (1) of this section is subject to section 31(1) of the Planning
Act 2008 (exclusion of requirement for other consents for
development for which development consent required).”
Coast Protection Act 1949 (c. 74)
5
5     (1)
Section 34 of the Coast Protection Act 1949 (requirement for consent for
works detrimental to navigation) is amended as follows.
      (2)
In subsection (1) after “Subject to” insert “subsection (2A) of this section
and”.
      (3)
After subsection (2) insert—
10
“(2A)
Subsection (1) is subject to section 31(1) of the Planning Act 2008
(exclusion of requirement for other consents for development for
which development consent required).”
Pipe-lines Act 1962 (c. 58)
6
The Pipe-lines Act 1962 is amended as follows.
15
7     (1)
Section 1 (cross-country pipe-lines not to be constructed without
authorisation) is amended as follows.
      (2)
After subsection (1) insert—
“(1ZA)
Subsection (1) is subject to section 31(1) of the Planning Act 2008
(exclusion of requirement for other consents for development for
20
which development consent required).”
      (3)
In subsection (1A)(b) for “pipe-line which is the subject of a pipe-line
construction authorisation” substitute “nationally significant pipe-line”.
      (4)
After subsection (1A) insert—
“(1B)
For the purposes of subsection (1A), a pipe-line is a nationally
25
significant pipe-line if—
(a)
its construction has been authorised by a pipe-line
construction authorisation, or
(b)
development consent under the Planning Act 2008 is
required, and has been granted, for its construction.”
30
8
In section 66(1) (general interpretation provisions) in the definition of
“diversion”—
(a)
after paragraph (a) insert—
“(aa)
if no such authorisation is required, beyond the limits
of lateral diversion permitted by development
35
consent under the Planning Act 2008 relating to that
pipe-line, or”;
(b)
in paragraph (b) after “no such authorisation” insert “or consent”.
Harbours Act 1964 (c. 40)
9
The Harbours Act 1964 is amended as follows.
40

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
131

10
In section 14 (harbour revision orders) after subsection (1) insert—
“(1A)
Subsection (1) is subject to section 31(2) of the Planning Act 2008
(exclusion of powers to make orders in relation to development for
which development consent required).”
11
In section 16 (harbour empowerment orders) after subsection (3) insert—
5
“(3A)
Subsections (1) to (3) are subject to section 31(2) of the Planning Act
2008 (exclusion of powers to make orders in relation to development
for which development consent required).”
Gas Act 1965 (c. 36)
12
The Gas Act 1965 is amended as follows.
10
13    (1)
Section 4 (storage authorisation orders) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
Subsection (1) is subject to section 31(2) of the Planning Act 2008
(exclusion of powers to make orders in relation to development for
which development consent required).”
15
      (3)
After subsection (2) insert—
“(2A)
Subsection (2) is subject to section 31(1) of the Planning Act 2008
(exclusion of requirement for other consents for development for
which development consent required).”
14
In section 5 (control of mining and other operations in gas storage area and
20
protective area) after subsection (2) insert—
“(2A)
Subsection (2) does not apply so far as the controlled operations are
authorised by an order granting development consent under the
Planning Act 2008.”
15    (1)
Section 6 (controlled operations: carrying out of works to remedy a default)
25
is amended as follows.
      (2)
In subsection (1)—
(a)
for “without the consent of the Minister” substitute “in breach of
section 5(2)”,
(b)
for “failure to comply with any conditions subject to which the
30
Minister’s consent to the carrying out of any controlled operations
has been granted” substitute “relevant failure to comply”, and
(c)
after “foregoing section” insert “or in circumstances involving a
relevant failure to comply”.
      (3)
In subsection (5) for the words from “failed” to the end substitute “was
35
responsible for the relevant failure to comply.”
      (4)
After subsection (8) insert—
“(9)
In this section “relevant failure to comply” means—
(a)
in a case where the Minister’s consent to the carrying out of
controlled operations has been obtained under section 5, a
40
failure to comply with any conditions subject to which the
Minister’s consent was granted;

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
132

(b)
in a case where the carrying out of controlled operations has
been authorised by an order granting development consent,
a breach of the terms of the order or other failure to comply
with the terms of the order.”
Energy Act 1976 (c. 76)
5
16
In section 14 of the Energy Act 1976 (fuelling of new and converted power
stations) after subsection (1) insert—
“(1A)
Subsection (1) is subject to section 31(1) of the Planning Act 2008
(exclusion of requirement for notice to be given of development for
which development consent required).”
10
Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
17
The Ancient Monuments and Archaeological Areas Act 1979 is amended as
follows.
18
In section 2(1) (offence of executing works affecting scheduled monuments
without authorisation) after “authorised under this Part of this Act” insert
15
“or by development consent”.
19
In section 28(2) (offence of damaging ancient monuments: exception for
authorised works) after “order under section 3)” insert “or for which
development consent has been granted”.
20
In section 37 (exemptions from offence under section 35) after subsection (1)
20
insert—
“(1A)
Section 35 does not apply to the carrying out of any operations for
which development consent has been granted.”
21
In section 61(1) (interpretation of Act) at the appropriate place insert—
““development consent” means development consent under the
25
Planning Act 2008;”.
Highways Act 1980 (c. 66)
22
The Highways Act 1980 is amended as follows.
23
In section 10 (general provision as to trunk roads) after subsection (2)
insert—
30
“(2A)
Subsection (2) is subject to section 31(3) of the Planning Act 2008
(exclusion of powers to make or confirm orders in relation to
highways for which development consent required).”
24
In section 14 (powers as respects roads that cross or join trunk roads etc.)
after subsection (1) insert—
35
“(1A)
Subsection (1) is subject to section 31(3) of the Planning Act 2008
(exclusion of powers to make or confirm orders in relation to
highways for which development consent required).”
25
In section 16 (general provision as to special roads) after subsection (3)

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
133

insert—
“(3A)
Subsection (3) is subject to section 31(3) of the Planning Act 2008
(exclusion of powers to make or confirm schemes in relation to
highways for which development consent required).”
26
In section 18 (supplementary orders relating to special roads) after
5
subsection (1) insert—
“(1A)
Subsection (1) is subject to section 31(3) of the Planning Act 2008
(exclusion of powers to make or confirm orders in relation to
highways for which development consent required).”
27
In section 106 (orders and schemes providing for construction of bridges
10
over or tunnels under navigable waters) after subsection (4) insert—
“(4A)
Subsections (1) and (3) are subject to section 31(3) of the Planning Act
2008 (exclusion of powers to make or confirm orders or schemes in
relation to highways for which development consent required).”
28
In section 108 (power to divert navigable watercourses) after subsection (1)
15
insert—
“(1A)
Subsection (1) is subject to section 31(3) of the Planning Act 2008
(exclusion of powers to make or confirm orders in relation to
highways for which development consent required).”
29
In section 110 (power to divert non-navigable watercourses and to carry out
20
other works) after subsection (1) insert—
“(1A)
Subsection (1) is subject to section 31(3) of the Planning Act 2008
(exclusion of powers to make or confirm orders in relation to
highways for which development consent required).”
30    (1)
Section 329(1) (further provision as to interpretation of Act) is amended as
25
follows.
      (2)
In the definition of “special road” after “section 16 above” insert “or by virtue
of an order granting development consent under the Planning Act 2008”.
      (3)
In the definition of “trunk road” after “section 10 above” insert “or an order
granting development consent under the Planning Act 2008,”.
30
31
For section 337 (saving for obligation to obtain planning permission)
substitute—
“337
Saving for obligation to obtain planning permission or development
consent
Nothing in this Act authorises—
35
(a)
the carrying out of any development of land for which
permission is required by virtue of section 57 of the Town
and Country Planning Act 1990 and which is not authorised
by permission granted or deemed to be granted under or for
the purposes of Part 3 of that Act; or
40
(b)
the carrying out of any development for which development
consent is required under the Planning Act 2008 and for
which development consent has not been granted under that
Act.”

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
134

Electricity Act 1989 (c. 29)
32
The Electricity Act 1989 is amended as follows.
33    (1)
Section 36 (consent for construction etc. of generating stations) is amended
as follows.
      (2)
In subsection (1) after “subsections” insert “(1A) to”.
5
      (3)
After subsection (1) insert—
“(1A)
So far as relating to the construction or extension of a generating
station, subsection (1) is subject to section 31(1) of the Planning Act
2008 (exclusion of requirement for other consents for development
for which development consent required).
10
(1B)
So far as relating to the operation of a generating station, subsection
(1) does not apply if the operation is authorised by an order granting
development consent under the Planning Act 2008.”
34    (1)
Section 37 (consent for overhead lines) is amended as follows.
      (2)
In subsection (1) for “subsection (2)” substitute “subsections (1A) to (2)”.
15
      (3)
After subsection (1) insert—
“(1A)
So far as relating to the installation of an electric line, subsection (1)
is subject to section 31(1) of the Planning Act 2008 (exclusion of
requirement for other consents for development for which
development consent required).
20
(1B)
So far as relating to keeping an electric line installed, subsection (1)
does not apply if keeping the line installed is authorised by an order
granting development consent under the Planning Act 2008.”
Town and Country Planning Act 1990 (c. 8)
35
TCPA 1990 is amended as follows.
25
36
In section 57 (planning permission required for development) after
subsection (1) insert—
“(1A)
Subsection (1) is subject to section 31(1) of the Planning Act 2008
(exclusion of requirement for planning permission etc. for
development for which development consent required).”
30
37
In section 198(6) (tree preservation orders: exemptions) after paragraph (b)
insert “, or
(c)
to the cutting down, uprooting, topping or lopping of any
trees so far as authorised by an order granting development
consent.”
35
38    (1)
Section 211 (preservation of trees in conservation areas) is amended as
follows.
      (2)
After subsection (1) insert—
“(1A)
Subsection (1) does not apply so far as the act in question is
authorised by an order granting development consent.”
40

Planning Bill
Schedule 2 — Amendments consequential on development consent regime
135

      (3)
After subsection (5) insert—
“(5A)
Subsection (5) does not apply so far as the act in question is
authorised by an order granting development consent.”
39
In section 336(1) (interpretation) at the appropriate place insert—
““development consent” means development consent under the
5
Planning Act 2008;”.
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
40
The Listed Buildings Act is amended as follows.
41    (1)
Section 7 (restriction on works affecting listed buildings) is amended as
follows.
10
      (2)
At the beginning insert “(1)”.
      (3)
After “authorised” insert “under section 8”.
      (4)
At the end insert—
“(2)
Subsection (1) is subject to section 31(1) of the Planning Act 2008
(exclusion of requirement for other consents for development for
15
which development consent required).”
42
In section 59(3) (offence relating to acts causing or likely to result in damage
to listed building: exceptions) after paragraph (b) insert “; or
(c)
of works for which development consent has been granted
under the Planning Act 2008.”
20
43
In section 74 (control of demolition in conservation areas) after subsection
(1) insert—
“(1A)
Subsection (1) is subject to section 31(1) of the Planning Act 2008
(exclusion of requirement for other consents for development for
which development consent required).”
25
Planning (Hazardous Substances) Act 1990 (c. 10)
44
The Hazardous Substances Act is amended as follows.
45
In section 9(2)(c) (determination of applications for hazardous substances
consent: material considerations) after “planning permission” insert “or
development consent”.
30
46
In section 10(1) (conditions on grant of hazardous substances consent) after
“planning permission” insert “or development consent”.
47    (1)
Section 12 (deemed hazardous substances consent: government
authorisation) is amended as follows.
      (2)
After subsection (2A) insert—
35
“(2B)
On making an order granting development consent in respect of
development that would involve the presence of a hazardous
substance in circumstances requiring hazardous substances consent,
the person making the order may direct that hazardous substances
consent shall be deemed to be granted, subject to such conditions (if
40
any) as may be specified in the direction.”