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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Airports
(1)
Airport-related development is within section 14(1)(i) only if the development
is—
(a)
the construction of an airport in a case within subsection (2),
(b)
the alteration of an airport in a case within subsection (4), or
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(c)
an increase in the permitted use of an airport in a case within subsection
(7).
(2)
Construction of an airport is within this subsection only if (when constructed)
the airport—
(a)
will be in England or in English waters, and
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(b)
is expected to be capable of providing services which meet the
requirements of subsection (3).
(3)
Services meet the requirements of this subsection if they are—
(a)
air passenger transport services for at least 10 million passengers per
year, or
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(b)
air cargo transport services for at least 10,000 air transport movements
of cargo aircraft per year.
(4)
Alteration of an airport is within this subsection only if—
(a)
the airport is in England or in English waters, and
(b)
the alteration is expected to have the effect specified in subsection (5).
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(5)
The effect is—
(a)
to increase by at least 10 million per year the number of passengers for
whom the airport is capable of providing air passenger transport
services, or
(b)
to increase by at least 10,000 per year the number of air transport
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movements of cargo aircraft for which the airport is capable of
providing air cargo transport services.
(6)
“Alteration”, in relation to an airport, includes the construction, extension or
alteration of—
(a)
a runway at the airport,
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(b)
a building at the airport, or
(c)
a radar or radio mast, antenna or other apparatus at the airport.
(7)
An increase in the permitted use of an airport is within this subsection only if—
(a)
the airport is in England or in English waters, and
(b)
the increase is within subsection (8).
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(8)
An increase is within this subsection if—
(a)
it is an increase of at least 10 million per year in the number of
passengers for whom the airport is permitted to provide air passenger
transport services, or
(b)
it is an increase of at least 10,000 per year in the number of air transport
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movements of cargo aircraft for which the airport is permitted to
provide air cargo transport services.
(9)
In this section—
“air cargo transport services” means services for the carriage by air of
cargo;
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“air passenger transport services” means services for the carriage by air of
passengers;
“air transport movement” means a landing or take-off of an aircraft;
“cargo” includes mail;
“cargo aircraft” means an aircraft which is—
5
(a)
designed to transport cargo but not passengers, and
(b)
engaged in the transport of cargo on commercial terms;
“English waters” means waters adjacent to England up to the seaward
limits of the territorial sea;
“permitted” means permitted by planning permission or development
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consent.
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Harbour facilities
(1)
The construction of harbour facilities is within section 14(1)(j) only if (when
constructed) the harbour facilities—
(a)
will be in England or Wales or in waters adjacent to England or Wales
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up to the seaward limits of the territorial sea, and
(b)
are expected to be capable of handling the embarkation or
disembarkation of at least the relevant quantity of material per year.
(2)
The alteration of harbour facilities is within section 14(1)(j) only if—
(a)
the harbour facilities are in England or Wales or in waters adjacent to
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England or Wales up to the seaward limits of the territorial sea, and
(b)
the effect of the alteration is expected to be to increase by at least the
relevant quantity per year the quantity of material the embarkation or
disembarkation of which the facilities are capable of handling.
(3)
“The relevant quantity” is—
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(a)
in the case of facilities for container ships, 500,000 TEU;
(b)
in the case of facilities for ro-ro ships, 250,000 units;
(c)
in the case of facilities for cargo ships of any other description, 5 million
tonnes;
(d)
in the case of facilities for more than one of the types of ships mentioned
30
in paragraphs (a) to (c), an equivalent quantity of material.
(4)
For the purposes of subsection (3)(d), facilities are capable of handling an
equivalent quantity of material if the sum of the relevant fractions is one or
more.
(5)
The relevant fractions are—
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(a)
to the extent that the facilities are for container ships—

where x is the number of TEU that the facilities are capable of handling;

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(b)
to the extent that the facilities are for ro-ro ships—

where y is the number of units that the facilities are capable of handling;
(c)
to the extent that the facilities are for cargo ships of any other
description—

where z is the number of tonnes of material that the facilities are
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capable of handling.
(6)
In this section—
“cargo ship” means a ship which is used for carrying cargo;
“container ship” means a cargo ship which carries all or most of its cargo
in containers;
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“ro-ro ship” means a ship which is used for carrying wheeled cargo;
“TEU” means a twenty-foot equivalent unit;
“unit” in relation to a ro-ro ship means any item of wheeled cargo
(whether or not self-propelled).
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Railways
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(1)
Construction of a railway is within section 14(1)(k) only if—
(a)
the railway will (when constructed) be wholly in England,
(b)
the railway will (when constructed) be part of a network operated by
an approved operator, and
(c)
the construction of the railway is not permitted development.
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(2)
Alteration of a railway is within section 14(1)(k) only if—
(a)
the part of the railway to be altered is wholly in England,
(b)
the railway is part of a network operated by an approved operator, and
(c)
the alteration of the railway is not permitted development.
(3)
Construction or alteration of a railway is not within section 14(1)(k) to the
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extent that the railway forms part (or will when constructed form part) of a rail
freight interchange.
(4)
“Approved operator” means a person who meets the conditions in subsections
(5) and (6).
(5)
The condition is that the person must be—
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(a)
a person who is authorised to be the operator of a network by a licence
granted under section 8 of the Railways Act 1993 (c. 43) (licences for
operation of railway assets), or
(b)
a wholly-owned subsidiary of a company which is such a person.

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(6)
The condition is that the person is designated, or is of a description designated,
in an order made by the Secretary of State.
(7)
In this section—
“network” has the meaning given by section 83(1) of the Railways Act
1993 (c. 43);
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“permitted development” means development in relation to which
planning permission is granted by article 3 of the Town and Country
Planning (General Permitted Development) Order 1995;
“wholly-owned subsidiary” has the same meaning as in the Companies
Act 2006 (c. 46) (see section 1159 of that Act).
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(8)
The reference in subsection (7) to the Town and Country Planning (General
Permitted Development) Order 1995 is to that Order as it has effect
immediately before the day on which this section comes fully into force.
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Rail freight interchanges
(1)
The construction of a rail freight interchange is within section 14(1)(l) only if
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(when constructed) each of the conditions in subsections (3) to (7) is expected
to be met in relation to it.
(2)
The alteration of a rail freight interchange is within section 14(1)(l) only if—
(a)
following the alteration, each of the conditions in subsections (3)(a) and
(4) to (7) is expected to be met in relation to it, and
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(b)
the alteration is expected to have the effect specified in subsection (8).
(3)
The land on which the rail freight interchange is situated must—
(a)
be in England, and
(b)
be at least 60 hectares in area.
(4)
The rail freight interchange must be capable of handling—
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(a)
consignments of goods from more than one consignor and to more than
one consignee, and
(b)
at least 4 goods trains per day.
(5)
The rail freight interchange must be part of the railway network in England.
(6)
The rail freight interchange must include warehouses to which goods can be
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delivered from the railway network in England either directly or by means of
another form of transport.
(7)
The rail freight interchange must not be part of a military establishment.
(8)
The effect referred to in subsection (2)(b) is to increase by at least 60 hectares
the area of the land on which the rail freight interchange is situated.
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(9)
In this section—
“goods train” means a train that (ignoring any locomotive) consists of
items of rolling stock designed to carry goods;
“military establishment” means an establishment intended for use for
naval, military or air force purposes or for the purposes of the
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Department of the Secretary of State responsible for defence.
(10)
The following terms have the meanings given by section 83(1) of the Railways
Act 1993—
“network”;

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“rolling stock”;
“train”.
Water
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Dams and reservoirs
(1)
The construction of a dam or reservoir is within section 14(1)(m) only if—
5
(a)
the dam or reservoir (when constructed) will be in England,
(b)
the construction will be carried out by one or more water undertakers,
and
(c)
the volume of water to be held back by the dam or stored in the
reservoir is expected to exceed 10 million cubic metres.
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(2)
The alteration of a dam or reservoir is within section 14(1)(m) only if—
(a)
the dam or reservoir is in England,
(b)
the alteration will be carried out by one or more water undertakers, and
(c)
the additional volume of water to be held back by the dam or stored in
the reservoir as a result of the alteration is expected to exceed 10 million
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cubic metres.
(3)
“Water undertaker” means a company appointed as a water undertaker under
the Water Industry Act 1991 (c. 56).
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Transfer of water resources
(1)
Development relating to the transfer of water resources is within section
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14(1)(n) only if—
(a)
the development will be carried out in England by one or more water
undertakers,
(b)
the volume of water to be transferred as a result of the development is
expected to exceed 100 million cubic metres per year,
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(c)
the development will enable the transfer of water resources—
(i)
between river basins in England,
(ii)
between water undertakers’ areas in England, or
(iii)
between a river basin in England and a water undertaker’s area
in England, and
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(d)
the development does not relate to the transfer of drinking water.
(2)
In this section—
“river basin” means an area of land drained by a river and its tributaries;
“water undertaker” means a company appointed as a water undertaker
under the Water Industry Act 1991;
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“water undertaker’s area” means the area for which a water undertaker is
appointed under that Act.
Waste water
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Waste water treatment plants
(1)
The construction of a waste water treatment plant is within section 14(1)(o)
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only if the treatment plant (when constructed)—

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(a)
will be in England, and
(b)
is expected to have a capacity exceeding a population equivalent of
500,000.
(2)
The alteration of a waste water treatment plant is within section 14(1)(o) only
if—
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(a)
the treatment plant is in England, and
(b)
the effect of the alteration is expected to be to increase by more than a
population equivalent of 500,000 the capacity of the plant.
(3)
“Waste water” includes domestic waste water, industrial waste water and
urban waste water.
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(4)
The following terms have the meanings given by regulation 2(1) of the Urban
Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/
2841)—
“domestic waste water”;
“industrial waste water”;
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“population equivalent”;
“urban waste water”.
Waste
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Hazardous waste facilities
(1)
The construction of a hazardous waste facility is within section 14(1)(p) only
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if—
(a)
the facility (when constructed) will be in England,
(b)
the main purpose of the facility is expected to be the final disposal or
recovery of hazardous waste, and
(c)
the facility is expected to have the capacity specified in subsection (2).
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(2)
The capacity is—
(a)
in the case of the disposal of hazardous waste by landfill or in a deep
storage facility, more than 100,000 tonnes per year;
(b)
in any other case, more than 30,000 tonnes per year.
(3)
The alteration of a hazardous waste facility is within section 14(1)(p) only if—
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(a)
the facility is in England,
(b)
the main purpose of the facility is the final disposal or recovery of
hazardous waste, and
(c)
the alteration is expected to have the effect specified in subsection (4).
(4)
The effect is—
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(a)
in the case of the disposal of hazardous waste by landfill or in a deep
storage facility, to increase by more than 100,000 tonnes per year the
capacity of the facility;
(b)
in any other case, to increase by more than 30,000 tonnes per year the
capacity of the facility.
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(5)
The following terms have the same meanings as in the Hazardous Waste
(England and Wales) Regulations 2005 (S.I. 2005/894) (see regulation 5 of those
regulations)—
“disposal”;

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“hazardous waste”;
“recovery”.
(6)
“Deep storage facility” means a facility for the storage of waste underground
in a deep geological cavity.
Part 4
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Requirement for development consent
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When development consent is required
Consent under this Act (“development consent”) is required for development
to the extent that the development is or forms part of a nationally significant
infrastructure project.
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Meaning of “development”
(1)
In this Act (except in Part 11) “development” has the same meaning as it has in
TCPA 1990.

This is subject to subsections (2) and (3).
(2)
For the purposes of this Act (except Part 11)—
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(a)
the conversion of a generating station with a view to its being fuelled
by crude liquid petroleum, a petroleum product or natural gas is
treated as a material change in the use of the generating station;
(b)
starting to use a cavity or strata for the underground storage of gas is
treated as a material change in the use of the cavity or strata;
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(c)
an increase in the permitted use of an airport is treated as a material
change in the use of the airport.
(3)
For the purposes of this Act (except Part 11) the following works are taken to
be development (to the extent that they would not be otherwise)—
(a)
works for the demolition of a listed building or its alteration or
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extension in a manner which would affect its character as a building of
special architectural or historic interest;
(b)
demolition of a building in a conservation area;
(c)
works resulting in the demolition or destruction of or any damage to a
scheduled monument;
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(d)
works for the purpose of removing or repairing a scheduled monument
or any part of it;
(e)
works for the purpose of making any alterations or additions to a
scheduled monument;
(f)
flooding or tipping operations on land in, on or under which there is a
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scheduled monument.
(4)
In this section—
“conservation area” has the meaning given by section 91(1) of the Listed
Buildings Act;
“flooding operations” has the meaning given by section 61(1) of the
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Ancient Monuments and Archaeological Areas Act 1979 (c. 46);
“listed building” has the meaning given by section 1(5) of the Listed
Buildings Act;