|
| |
| |
(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 |
| |
(e) | an order or scheme under section 106 of that Act (orders and schemes |
| |
providing for construction of bridges over or tunnels under navigable |
| |
| |
(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 |
| |
| |
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 |
| |
| |
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 |
| |
| |
(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. |
| |
| 35 |
| |
| |
| |
| |
| 40 |
| |
| |
(b) | waters adjacent to England up to the seaward limits of the territorial |
| |
| |
| |
| |
|
| |
| |
(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 |
| |
(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 |
| |
| |
(b) | to be treated as having been complied with in relation to the |
| |
| 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 |
| |
| |
(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 |
| |
| |
| |
Applications for orders granting development consent |
| |
| 35 |
| |
35 | Applications for orders granting development consent |
| |
(1) | An order granting development consent may be made only if an application is |
| |
| |
(2) | An application for an order granting development consent must be made to the |
| 40 |
| |
| |
| |
|
| |
| |
(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 |
| |
(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 |
| |
(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 |
| 20 |
(c) | the account taken of those results. |
| |
| |
(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 |
| |
| |
| |
(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 |
| |
| 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— |
| |
| |
| |
|
| |
| |
(a) | applications received by the Commission for orders granting |
| |
| |
(b) | consultation reports received by the Commission under section |
| |
| |
(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 |
| |
(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 |
| |
| |
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 |
| |
| |
“the land” means the land to which the proposed application relates or |
| 25 |
| |
“the proposed development” means the development for which the |
| |
proposed application (if made) would seek development consent. |
| |
| |
(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 |
| |
| 35 |
(2) | The Commission may issue guidance about how to comply with the duty |
| |
| |
(3) | The applicant must, in discharging that duty, have regard to any guidance |
| |
| |
| |
| |
|
