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Planning Bill


Planning Bill
Part 4 — Requirement for development consent

20

 

(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

provision of special roads);

(d)   

an order under section 18 of that Act (supplementary orders relating to

5

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

waters);

(f)   

an order under section 108 or 110 of that Act (orders authorising the

10

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).

32      

Welsh offshore generating stations

(1)   

Section 31(2) does not prevent an order under section 3 of the Transport and

15

Works Act 1992 (c. 42) from being made in relation to the carrying out of works

consisting of the construction or extension of a generating station that is or

(when constructed or extended) will be a Welsh offshore generating station.

(2)   

A “Welsh offshore generating station” is a generating station that is in waters

in or adjacent to Wales up to the seaward limits of the territorial sea.

20

(3)   

If, by virtue of subsection (1), an order under section 3 of the Transport and

Works Act 1992 is made in relation to the carrying out of any works,

development consent is treated as not being required for the carrying out of

those works.

33      

Directions in relation to projects of national significance

25

(1)   

This section applies if—

(a)   

an application for a consent or authorisation mentioned in section 31(1)

or (2) is made to an authority (“the relevant authority”) in relation to

development,

(b)   

the development is or forms part of a project in one or more of the fields

30

specified in subsection (2),

(c)   

the development will (when completed) be wholly in one or more of the

areas specified in subsection (3), and

(d)   

the Secretary of State thinks that the project is of national significance.

(2)   

The fields are—

35

(a)   

energy;

(b)   

transport;

(c)   

water;

(d)   

waste water;

(e)   

waste.

40

(3)   

The areas are—

(a)   

England;

(b)   

waters adjacent to England up to the seaward limits of the territorial

sea;

 
 

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

21

 

(c)   

in the case of a project for the carrying out of works in the field of

energy, a Renewable Energy Zone, except any part of a Renewable

Energy Zone in relation to which the Scottish Ministers have functions.

(4)   

The Secretary of State may direct—

(a)   

the application to be treated as an application for an order granting

5

development consent, and

(b)   

the development to which the application relates to be treated as

development for which development consent is required,

   

for specified purposes or generally.

(5)   

A direction under subsection (4) may provide for specified provisions of or

10

made under this or any other Act—

(a)   

to have effect in relation to the application with any specified

modifications, or

(b)   

to be treated as having been complied with in relation to the

application.

15

(6)   

If the Secretary of State gives a direction under subsection (4), the relevant

authority must refer the application to the Commission instead of dealing with

it themselves.

(7)   

If the Secretary of State is considering whether to give a direction under

subsection (4), the Secretary of State may direct the relevant authority to take

20

no further action in relation to the application until the Secretary of State has

decided whether to give the direction.

(8)   

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

Secretary of State to decide—

25

(a)   

whether to give a direction under subsection (4), and

(b)   

the terms in which a direction under subsection (4) should be given.

(9)   

If the Secretary of State decides to give a direction under subsection (4), the

Secretary of State must give reasons for the decision.

34      

Amendments consequential on development consent regime

30

Schedule 2 makes amendments consequential on the development consent

regime.

Part 5

Applications for orders granting development consent

Chapter 1

35

Applications

35      

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

40

Commission.

 
 

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

22

 

(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

5

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);

10

(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).

(6)   

The Commission must publish, in such manner as it thinks appropriate, any

guidance given under subsection (4) and any standards set under subsection

15

(5).

(7)   

In subsection (3)(c) “the consultation report” means a report of—

(a)   

the consultation carried out under section 45(7) in relation to a

proposed application that has become the application,

(b)   

the results of that consultation, and

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(c)   

the account taken of those results.

36      

Model provisions

(1)   

The Secretary of State may by order prescribe model provisions for

incorporation in a draft order which may be required (in accordance with

regulations made under section 35) to accompany an application for an order

25

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

granting development consent.

(3)   

The fact that a model provision has been prescribed by an order under

30

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

(b)   

an order granting development consent.

37      

Register of applications

35

(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

development consent, it must cause details of the application to be entered in

the register.

40

(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—

 
 

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

23

 

(a)   

applications received by the Commission for orders granting

development consent,

(b)   

consultation reports received by the Commission under section

35(3)(c), and

(c)   

accompanying documents and information received by the

5

Commission under section 35(3)(d).

38      

Applications by the Crown for orders granting development consent

(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

10

provision relating to—

(a)   

the procedure to be followed before such an application is made;

(b)   

the making of such an application;

(c)   

the decision-making process for such an application.

(3)   

A statutory provision is a provision contained in or having effect under this Act

15

or any other enactment.

Chapter 2

Pre-application procedure

39      

Chapter applies before application is made

(1)   

This Chapter applies where a person (“the applicant”) proposes to make an

20

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);

“the land” means the land to which the proposed application relates or

25

any part of that land;

“the proposed development” means the development for which the

proposed application (if made) would seek development consent.

40      

Duty to consult

(1)   

The applicant must consult the following about the proposed application—

30

(a)   

such persons as may be prescribed,

(b)   

each local authority that is within section 41,

(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

section 42.

35

(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).

 
 

 
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