Planning Bill

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House of Commons

Session 2007 - 08
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Other Bills before Parliament

Planning Bill

Planning Bill

[AS AMENDED IN PUBLIC BILL COMMITTEE]

Contents
Part 1
The Infrastructure Planning Commission
1
The Infrastructure Planning Commission
2
Code of conduct
3
Register of Commissioners’ interests
4
Fees
Part 2
National policy statements
5
National policy statements
6
Review
7
Consultation and publicity
8
Consultation on publicity requirements
9
Sustainable development
10
Suspension pending review
11
Pre-commencement statements of policy, consultation etc.
12
Legal challenges relating to national policy statements
Part 3
Nationally significant infrastructure projects
General
13
Nationally significant infrastructure projects: general
Energy
14
Generating stations
15
Electric lines
16
Underground gas storage facilities
17
LNG facilities
18
Gas reception facilities
19
Pipe-lines

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Transport
20
Highways
21
Airports
22
Harbour facilities
23
Railways
24
Rail freight interchanges
Water
25
Dams and reservoirs
26
Transfer of water resources
Waste water
27
Waste water treatment plants
Waste
28
Hazardous waste facilities
Part 4
Requirement for development consent
29
When development consent is required
30
Meaning of “development”
31
Effect of requirement for development consent on other consent regimes
32
Welsh offshore generating stations
33
Directions in relation to projects of national significance
34
Amendments consequential on development consent regime
Part 5
Applications for orders granting development consent
Chapter 1
Applications
35
Applications for orders granting development consent
36
Model provisions
37
Register of applications
38
Applications by the Crown for orders granting development consent
Chapter 2
Pre-application procedure
39
Chapter applies before application is made
40
Duty to consult
41
Local authorities for purposes of section 40 (1)(b)
42
Categories for purposes of section 40 (1)(d)
43
Timetable for consultation under section 40
44
Duty to notify Commission of proposed application

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45
Duty to consult local community
46
Duty to publicise
47
Duty to take account of responses to consultation and publicity
Chapter 3
Assistance for applicants and others
48
Advice for potential applicants and others
49
Obtaining information about interests in land
50
Rights of entry
51
Rights of entry: the Crown
Part 6
Deciding applications for orders granting development consent
Chapter 1
Handling of application by Commission
52
Acceptance of applications
53
Notifying persons of accepted application
54
Categories for purposes of section 53 (2)(d)
55
Certifying compliance with section 53
56
Initial choice of Panel or single Commissioner
57
Switching from single Commissioner to Panel
58
Delegation of functions by person appointed to chair Commission
Chapter 2
The Panel procedure
Panels
59
Panel for each application to be handled under this Chapter
60
Appointment of members, and lead member, of Panel
61
Ceasing to be member, or lead member, of Panel
62
Panel member continuing though ceasing to be Commissioner
63
Additional appointments to Panel
64
Replacement of lead member of Panel
65
Membership of Panel where application relates to land in Wales
66
Supplementary provision where Panel replaces single Commissioner
67
Panel ceasing to have any members
68
Consequences of changes in Panel
Panel’s role in relation to application
69
Panel to decide, or make recommendation in respect of, application
70
Decision-making by the Panel
71
Allocation within Panel of Panel’s functions
72
Exercise of Panel’s powers for examining application

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Chapter 3
The single-Commissioner procedure
The single Commissioner
73
Single Commissioner to handle application
74
Appointment of single Commissioner
75
Ceasing to be the single Commissioner
76
Single Commissioner continuing though ceasing to be Commissioner
77
Appointment of replacement single Commissioner
Single Commissioner’s role in relation to application
78
Single Commissioner to examine and report on application
Commission’s role in respect of application
79
Report from single Commissioner to be referred to Council
80
Decisions made by the Council on the application
Chapter 4
Examination of applications under Chapter 2 or 3
81
Chapter applies to examination by Panel or single Commissioner
82
Examining authority to control examination of application
83
Initial assessment of issues, and preliminary meeting
84
Examining authority’s decisions about how application is to be examined
85
Written representations
86
Hearings about specific issues
87
Open-floor hearings
88
Hearings: general provisions
89
Hearings: disruption, supervision and costs
90
Representations not made orally may be made in writing
91
Procedure rules
92
Timetable for examining, and reporting on, application
93
Completion of Examining authority’s examination of application
94
Assessors
95
Interpretation of Chapter 4: “interested party” and other expressions
Chapter 5
Decisions on applications
96
Cases where Secretary of State is, and meaning of, decision-maker
97
Decisions of Panel and Council
98
Decisions of Secretary of State
99
Matters that may be disregarded when deciding application
100
Timetable for decisions

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Chapter 6
Suspension of decision-making process
101
Suspension during review of national policy statement
Chapter 7
Intervention by Secretary of State
102
When power to intervene arises
103
Power of Secretary of State to intervene
104
Effect of intervention by Secretary of State
Chapter 8
Grant or refusal
105
Grant or refusal of development consent
106
Reasons for decision to grant or refuse development consent
107
Orders granting development consent: formalities
Chapter 9
Legal challenges
108
Legal challenges relating to applications for orders granting development
consent
Part 7
Development consent orders
Chapter 1
Content of development consent orders
General
109
What may be included in order granting development consent
110
Exercise of powers in relation to legislation
Compulsory acquisition
111
Purpose for which compulsory acquisition may be authorised
112
Guidance about authorisation of compulsory acquisition
113
Compensation for compulsory acquisition
114
Statutory undertakers’ land
115
Local authority land and statutory undertakers’ land: general
116
Local authority and statutory undertakers’ land: acquisition by public body
117
National Trust land
118
Commons, open spaces etc: compulsory acquisition of land
119
Commons, open spaces etc: compulsory acquisition of rights over land
120
Crown land

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121
Notice of authorisation of compulsory acquisition
Miscellaneous
122
Public rights of way
123
Operation of generating stations
124
Keeping electric lines installed above ground
125
Diversion of watercourses
126
Highways
127
Discharge of water
128
Development of Green Belt land
Chapter 2
General
129
Duration of development consent order
130
When development begins
131
Benefit of development consent order
132
Use of buildings in respect of which development consent granted
Part 8
Enforcement
Offences
133
Development without development consent
134
Breach of terms of order granting development consent
135
Time limits
Rights of entry
136
Right to enter without warrant
137
Right to enter under warrant
138
Rights of entry: supplementary provisions
139
Rights of entry: the Crown
Information notices
140
Power to require information
141
Offences relating to information notices
Notices of unauthorised development
142
Notice of unauthorised development
143
Execution of works required by notice of unauthorised development
Injunctions
144
Injunctions

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Isles of Scilly
145
Isles of Scilly
Part 9
Changes to existing planning regimes
Chapter 1
Changes related to development consent regime
Planning obligations
146
Planning obligations
Blighted land
147
Blighted land: England and Wales
148
Blighted land: Scotland
Chapter 2
Other changes to existing planning regimes
Regional functions
149
Delegation of functions of regional planning bodies
Local development
150
Local development documents
Climate change
151
Development plan documents: climate change policies
Correction of errors
152
Correction of errors in decisions
Validity of strategies, plans and documents
153
Power of High Court to remit strategies, plans and documents
154
Power of High Court to remit unitary development plans in Wales
Determination of applications
155
Determination of planning applications by officers
156
Determination of applications for certificates of lawful use or development by
officers
157
Validity of decisions made on reviews
158
Determination of listed building applications by officers
159
Power to decline to determine subsequent application

© Parliamentary copyright 2008
Revised 7 February 2008