|
| |
|
| |
| |
| |
| |
| |
Establish the Infrastructure Planning Commission and make provision about |
| |
its functions; to make provision about, and about matters ancillary to, the |
| |
authorisation of projects for the development of nationally significant |
| |
infrastructure; to make provision about town and country planning; to make |
| |
provision about the imposition of a Community Infrastructure Levy; and for |
| |
| |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
| |
consent of the Lords Spiritual and Temporal, and Commons, in this present |
| |
Parliament assembled, and by the authority of the same, as follows:— |
| |
| |
The Infrastructure Planning Commission |
| |
1 | The Infrastructure Planning Commission |
| |
(1) | There is to be a body corporate called the Infrastructure Planning Commission |
| |
(in this Act referred to as “the Commission”). |
| 5 |
(2) | The Commission’s functions are those conferred on it by or under this or any |
| |
| |
(3) | Schedule 1 is about the Commission. |
| |
| |
(1) | The Commission must issue a code about the conduct expected of |
| 10 |
Commissioners in connection with the performance of the Commission’s |
| |
| |
(2) | The code must include— |
| |
|
| |
| |
|
| |
|
(a) | provision requiring each Commissioner to disclose financial and other |
| |
interests in accordance with the procedure established under section 3, |
| |
| |
(b) | such other provision as the Secretary of State may direct. |
| |
(3) | The Commission must arrange for the code to be published. |
| 5 |
| |
(a) | must keep the code under review, and |
| |
(b) | may from time to time revise it or replace it. |
| |
(5) | References in this Act to the code of conduct issued under this section include |
| |
the code as revised or replaced under this section. |
| 10 |
(6) | A failure to observe any provision of the code does not of itself make a |
| |
Commissioner liable to any criminal or civil proceedings. |
| |
3 | Register of Commissioners’ interests |
| |
(1) | The Commission must establish a procedure for the disclosure and registration |
| |
of financial and other interests of Commissioners. |
| 15 |
(2) | The Commission must arrange for the register entries to be published. |
| |
| |
(1) | The Secretary of State may make regulations providing for the charging of fees |
| |
by the Commission in connection with the performance of any of its functions. |
| |
(2) | Regulations under subsection (1) may in particular make provision— |
| 20 |
(a) | about when a fee (including a supplementary fee) may, and may not, |
| |
| |
(b) | about the amount which may be charged; |
| |
(c) | about what may, and may not, be taken into account in calculating the |
| |
| 25 |
(d) | about who is liable to pay a fee charged; |
| |
(e) | about when a fee charged is payable; |
| |
(f) | about the recovery of fees charged; |
| |
(g) | about waiver, reduction or repayment of fees; |
| |
(h) | about the effect of paying or failing to pay fees charged; |
| 30 |
(i) | for the supply of information for any purpose of the regulations. |
| |
(3) | The regulations may provide for the amounts of fees to be calculated by |
| |
reference to costs incurred by the Commission— |
| |
(a) | in the performance of any of its functions, and |
| |
(b) | in doing anything which is calculated to facilitate, or is conducive or |
| 35 |
incidental to, the performance of any of its functions. |
| |
|
| |
|
| |
|
| |
National policy statements |
| |
5 | National policy statements |
| |
(1) | The Secretary of State may designate a statement as a national policy statement |
| |
for the purposes of this Act if the statement— |
| 5 |
(a) | is issued by the Secretary of State, and |
| |
(b) | sets out national policy in relation to one or more specified descriptions |
| |
| |
(2) | In this Act “national policy statement” means a statement designated under |
| |
subsection (1) as a national policy statement for the purposes of this Act. |
| 10 |
(3) | Before designating a statement as a national policy statement for the purposes |
| |
of this Act the Secretary of State must carry out an appraisal of the |
| |
sustainability of the policy set out in the statement. |
| |
(4) | A statement may be designated as a national policy statement for the purposes |
| |
of this Act only if the consultation and publicity requirements set out in section |
| 15 |
7, and the parliamentary requirements set out in section 9, have been complied |
| |
| |
(5) | The policy set out in a national policy statement may in particular— |
| |
(a) | set out, in relation to a specified description of development, the |
| |
amount, type or size of development of that description which is |
| 20 |
appropriate nationally or for a specified area; |
| |
(b) | set out criteria to be applied in deciding whether a location is suitable |
| |
(or potentially suitable) for a specified description of development; |
| |
(c) | set out the relative weight to be given to specified criteria; |
| |
(d) | identify one or more locations as suitable (or potentially suitable) or |
| 25 |
unsuitable for a specified description of development; |
| |
(e) | identify one or more statutory undertakers as appropriate persons to |
| |
carry out a specified description of development; |
| |
(f) | set out circumstances in which it is appropriate for a specified type of |
| |
action to be taken to mitigate the impact of a specified description of |
| 30 |
| |
(6) | If a national policy statement sets out policy in relation to a particular |
| |
description of development, the statement must set out criteria to be taken into |
| |
account in the design of that description of development. |
| |
(7) | A national policy statement must give reasons for the policy set out in the |
| 35 |
| |
(8) | The reasons must (in particular) include an explanation of how the policy set |
| |
out in the statement takes account of Government policy relating to the |
| |
mitigation of, and adaptation to, climate change. |
| |
(9) | The Secretary of State must— |
| 40 |
(a) | arrange for the publication of a national policy statement, and |
| |
(b) | lay a national policy statement before Parliament. |
| |
|
| |
|
| |
|
(10) | In this section “statutory undertakers” means persons who are, or are deemed |
| |
to be, statutory undertakers for the purposes of any provision of Part 11 of |
| |
| |
| |
(1) | The Secretary of State must review each national policy statement whenever |
| 5 |
the Secretary of State thinks it appropriate to do so. |
| |
(2) | A review may relate to all or part of a national policy statement. |
| |
(3) | In deciding when to review a national policy statement the Secretary of State |
| |
| |
(a) | since the time when the statement was first published or (if later) last |
| 10 |
reviewed, there has been a significant change in any circumstances on |
| |
the basis of which any of the policy set out in the statement was |
| |
| |
(b) | the change was not anticipated at that time, and |
| |
(c) | if the change had been anticipated at that time, any of the policy set out |
| 15 |
in the statement would have been materially different. |
| |
(4) | In deciding when to review part of a national policy statement (“the relevant |
| |
part”) the Secretary of State must consider whether— |
| |
(a) | since the time when the relevant part was first published or (if later) last |
| |
reviewed, there has been a significant change in any circumstances on |
| 20 |
the basis of which any of the policy set out in the relevant part was |
| |
| |
(b) | the change was not anticipated at that time, and |
| |
(c) | if the change had been anticipated at that time, any of the policy set out |
| |
in the relevant part would have been materially different. |
| 25 |
(5) | After completing a review of all or part of a national policy statement the |
| |
Secretary of State must do one of the following— |
| |
| |
(b) | withdraw the statement’s designation as a national policy statement; |
| |
(c) | leave the statement as it is. |
| 30 |
(6) | Before amending a national policy statement the Secretary of State must carry |
| |
out an appraisal of the sustainability of the policy set out in the proposed |
| |
| |
(7) | The Secretary of State may amend a national policy statement only if the |
| |
consultation and publicity requirements set out in section 7, and the |
| 35 |
parliamentary requirements set out in section 9, have been complied with in |
| |
relation to the proposed amendment. |
| |
(8) | Subsections (6) and (7) do not apply if the Secretary of State thinks that the |
| |
proposed amendment (taken with any other proposed amendments) does not |
| |
materially affect the policy as set out in the national policy statement. |
| 40 |
(9) | If the Secretary of State amends a national policy statement, the Secretary of |
| |
| |
(a) | arrange for the amendment, or the statement as amended, to be |
| |
| |
(b) | lay the amendment, or the statement as amended, before Parliament. |
| 45 |
|
| |
|