Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Part 3 — Nationally significant infrastructure projects
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(b)
waters adjacent to England up to the seaward limits of the territorial
sea;
(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.
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Energy
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Generating stations
(1)
The construction or extension of a generating station is within section 13(1)(a)
only if the generating station is or (when constructed or extended) is expected
to be within subsection (2) or (3).
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(2)
A generating station is within this subsection if—
(a)
it is in England or Wales,
(b)
it is not an offshore generating station, and
(c)
its capacity is more than 50 megawatts.
(3)
A generating station is within this subsection if—
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(a)
it is an offshore generating station, and
(b)
its capacity is more than 100 megawatts.
(4)
An “offshore” generating station is a generating station that is—
(a)
in waters in or adjacent to England or Wales up to the seaward limits of
the territorial sea, or
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(b)
in a Renewable Energy Zone, except any part of a Renewable Energy
Zone in relation to which the Scottish Ministers have functions.
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Electric lines
(1)
The installation of an electric line above ground is within section 13(1)(b) only
if (when installed) the electric line will be—
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(a)
wholly in England,
(b)
wholly in Wales,
(c)
partly in England and partly in Wales, or
(d)
partly in England and partly in Scotland, subject to subsection (2).
(2)
In the case of an electric line falling within subsection (1)(d), the installation of
30
the line above ground is within section 13(1)(b) only to the extent that (when
installed) the line will be in England.
(3)
The installation of an electric line above ground is not within section 13(1)(b)—
(a)
if the line has a nominal voltage that is not expected to exceed 20
kilovolts and is intended to be used for supplying a single consumer, or
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(b)
to the extent that (when installed) the line will be within premises in the
occupation or control of the person responsible for its installation.
(4)
“Premises” includes any land, building or structure.
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Underground gas storage facilities
(1)
Development relating to underground gas storage facilities is within section
40
13(1)(c) only if the development is within subsection (2), (3) or (5).

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Part 3 — Nationally significant infrastructure projects
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(2)
Development is within this subsection if—
(a)
it is the carrying out of operations for the purpose of creating
underground gas storage facilities in England, or
(b)
it is starting to use underground gas storage facilities in England,

and the condition in subsection (4) is met in relation to the facilities.
5
(3)
Development is within this subsection if—
(a)
it is starting to use underground gas storage facilities in Wales,
(b)
the facilities are facilities for the storage of gas underground in natural
porous strata,
(c)
the proposed developer is a gas transporter, and
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(d)
the condition in subsection (4) is met in relation to the facilities.
(4)
The condition is that—
(a)
the working capacity of the facilities is expected to be at least 43 million
standard cubic metres, or
(b)
the maximum flow rate of the facilities is expected to be at least 4.5
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million standard cubic metres per day.
(5)
Development is within this subsection if—
(a)
it is the carrying out of operations for the purpose of altering
underground gas storage facilities in England, and
(b)
the effect of the alteration is expected to be—
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(i)
to increase by at least 43 million standard cubic metres the
working capacity of the facilities, or
(ii)
to increase by at least 4.5 million standard cubic metres per day
the maximum flow rate of the facilities.
(6)
“Underground gas storage facilities” means facilities for the storage of gas
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underground in cavities or in porous strata.
(7)
In this section—
“gas transporter” has the same meaning as in Part 1 of the Gas Act 1986
(c. 44) (see section 7(1) of that Act);
“maximum flow rate”, in relation to underground gas storage facilities,
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means the maximum rate at which gas is able to flow out of the
facilities, on the assumption that—
(a)
the facilities are filled to maximum capacity, and
(b)
the rate is measured after any processing of gas required on its
recovery from storage;
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“working capacity”, in relation to underground gas storage facilities,
means the capacity of the facilities for storage of gas underground,
ignoring any capacity for storage of cushion gas.
(8)
In subsection (7) “cushion gas” means gas which is kept in underground gas
storage facilities for the purpose of enabling other gas stored there to be
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recovered from storage.
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LNG facilities
(1)
The construction of an LNG facility is within section 13(1)(d) only if (when
constructed) the facility will be in England and—
(a)
the storage capacity of the facility is expected to be at least 43 million
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standard cubic metres, or

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Part 3 — Nationally significant infrastructure projects
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(b)
the maximum flow rate of the facility is expected to be at least 4.5
million standard cubic metres per day.
(2)
The alteration of an LNG facility is within section 13(1)(d) only if the facility is
in England and the effect of the alteration is expected to be—
(a)
to increase by at least 43 million standard cubic metres the storage
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capacity of the facility, or
(b)
to increase by at least 4.5 million standard cubic metres per day the
maximum flow rate of the facility.
(3)
“LNG facility” means a facility for—
(a)
the reception of liquid natural gas from outside England,
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(b)
the storage of liquid natural gas, and
(c)
the regasification of liquid natural gas.
(4)
In this section—
“maximum flow rate”, in relation to a facility, means the maximum rate at
which gas is able to flow out of the facility, on the assumption that—
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(a)
the facility is filled to maximum capacity, and
(b)
the rate is measured after regasification of the liquid natural gas
and any other processing required on the recovery of the gas
from storage;
“storage capacity” means the capacity of the facility for storage of liquid
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natural gas.
(5)
The storage capacity of an LNG facility is to be measured as if the gas were
stored in regasified form.
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Gas reception facilities
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(1)
The construction of a gas reception facility is within section 13(1)(e) only if
(when constructed)—
(a)
the facility will be in England and will be within subsection (4), and
(b)
the maximum flow rate of the facility is expected to be at least 4.5
million standard cubic metres per day.
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(2)
The alteration of a gas reception facility is within section 13(1)(e) only if—
(a)
the facility is in England and is within subsection (4), and
(b)
the effect of the alteration is expected to be to increase by at least 4.5
million standard cubic metres per day the maximum flow rate of the
facility.
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(3)
“Gas reception facility” means a facility for—
(a)
the reception of natural gas in gaseous form from outside England, and
(b)
the handling of natural gas (other than its storage).
(4)
A gas reception facility is within this subsection if—
(a)
the gas handled by the facility does not originate in England, Wales or
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Scotland,
(b)
the gas does not arrive at the facility from Scotland or Wales, and
(c)
the gas has not already been handled at another facility after its arrival
in England.

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(5)
“Maximum flow rate” means the maximum rate at which gas is able to flow out
of the facility.
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Pipe-lines
(1)
The construction of a pipe-line is within section 13(1)(f) only if (when
constructed) the pipe-line is expected to be—
5
(a)
a cross-country pipe-line,
(b)
a pipe-line the construction of which would (but for section 31(1) of this
Act) require authorisation under section 1(1) of the Pipe-lines Act 1962
(c. 58) (cross-country pipe-lines not to be constructed without
authorisation), and
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(c)
within subsection (2).
(2)
A pipe-line is within this subsection if one end of it is in England or Wales
and—
(a)
the other end of it is in England or Wales, or
(b)
it is an oil or gas pipe-line and the other end of it is in Scotland.
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(3)
For the purposes of section 13(1)(f) and the previous provisions of this section,
the construction of a diversion to a pipe-line is treated as the construction of a
separate pipe-line.
(4)
But if—
(a)
the pipe-line to be diverted is itself a nationally significant pipe-line,
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and
(b)
the length of the pipe-line which is to be diverted has not been
constructed,

the construction of the diversion is treated as the construction of a cross-
country pipe-line, whatever the length of the diversion.
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(5)
For the purposes of subsection (4), a pipe-line is a nationally significant pipe-
line if—
(a)
development consent is required, and has been granted, for its
construction, or
(b)
its construction has been authorised by a pipe-line construction
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authorisation under section 1(1) of the Pipe-lines Act 1962.
(6)
“Diversion” means a lateral diversion of a length of a pipe-line (whether or not
that pipe-line has been constructed) where the diversion is beyond the
permitted limits.
(7)
The permitted limits are the limits of lateral diversion permitted by any of the
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following granted in respect of the construction of the pipe-line—
(a)
development consent;
(b)
authorisation under the Pipe-lines Act 1962;
(c)
planning permission.
Transport
40
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Highways
(1)
Highway-related development is within section 13(1)(g) only if—
(a)
it is the construction of a highway in a case within subsection (2) or (6),

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(b)
it is the improvement of a highway in a case within subsection (3) or (5),
or
(c)
it is the alteration of a highway in a case within subsection (5).
(2)
Construction of a highway is within this subsection if—
(a)
the construction is to take place outside the boundary of an existing
5
highway,
(b)
the highway will (when constructed) be wholly in England,
(c)
the Secretary of State will be the highway authority for the highway,
and
(d)
the highway is proposed to be (or to be part of) a highway of a type
10
within subsection (4).
(3)
Improvement of a highway is within this subsection if—
(a)
it is to take place outside the boundary of the highway,
(b)
the highway is wholly in England,
(c)
the Secretary of State is the highway authority for the highway, and
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(d)
the highway is (or is part of) a highway of a type within subsection (4).
(4)
The types of highway referred to in subsections (2)(d) and (3)(d) are—
(a)
a trunk road;
(b)
a special road;
(c)
a highway the construction of which is a project in respect of which the
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Secretary of State is required to publish an environmental statement
under section 105A(3) of the Highways Act 1980 (c. 66);
(d)
a cycle track or footpath on land separated by intervening land from a
trunk road in connection with which it is to be used.
(5)
Development is within this subsection if—
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(a)
it is the improvement, raising, lowering or other alteration of a
highway,
(b)
the highway is wholly in England, and
(c)
the highway—
(i)
crosses or enters the route of a trunk road or special road, or
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(ii)
is (or will be) otherwise affected by the construction or
improvement of a trunk road or special road.
(6)
Construction of a highway is within this subsection if—
(a)
the highway will (when constructed) be wholly in England,
(b)
the highway is to be constructed for a purpose connected with—
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(i)
development within subsection (5),
(ii)
a trunk road or special road, or
(iii)
the construction of a trunk road or special road.
(7)
The following terms have the meanings given by section 329(1) of the
Highways Act 1980—
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“cycle track”;
“footpath”;
“improvement”.