|
| |
|
public bodies and offices: general) at the appropriate place insert— |
| |
“The Infrastructure Planning Commission.” |
| |
| |
| |
Amendments consequential on development consent regime |
| |
Green Belt (London and Home Counties) Act 1938 (c. xciii) |
| 5 |
1 | The Green Belt (London and Home Counties) Act 1938 is amended as |
| |
| |
2 | In section 10 (restriction on erection of buildings) after subsection (1) |
| |
| |
“(1A) | Subsection (1) of this section is subject to section 33(1) of the Planning |
| 10 |
Act 2008 (exclusion of requirement for other consents for |
| |
development for which development consent required).” |
| |
3 | In section 11 (saving for lines, pipes, sewers etc.) after subsection (1) insert— |
| |
“(1A) | The proviso to subsection (1) of this section is subject to section 33(1) |
| |
of the Planning Act 2008 (exclusion of requirement for other consents |
| 15 |
for development for which development consent required).” |
| |
4 | In section 12 (erection of buildings for certain statutory purposes) after |
| |
| |
“(1A) | Subsection (1) of this section is subject to section 33(1) of the Planning |
| |
Act 2008 (exclusion of requirement for other consents for |
| 20 |
development for which development consent required).” |
| |
Pipe-lines Act 1962 (c. 58) |
| |
5 | The Pipe-lines Act 1962 is amended as follows. |
| |
6 (1) | Section 1 (cross-country pipe-lines not to be constructed without |
| |
authorisation) is amended as follows. |
| 25 |
(2) | After subsection (1) insert— |
| |
“(1ZA) | Subsection (1) is subject to section 33(1) of the Planning Act 2008 |
| |
(exclusion of requirement for other consents for development for |
| |
which development consent required).” |
| |
(3) | In subsection (1A)(b) for “pipe-line which is the subject of a pipe-line |
| 30 |
construction authorisation” substitute “nationally significant pipe-line”. |
| |
(4) | After subsection (1A) insert— |
| |
“(1B) | For the purposes of subsection (1A), a pipe-line is a nationally |
| |
significant pipe-line if— |
| |
(a) | its construction has been authorised by a pipe-line |
| 35 |
construction authorisation, or |
| |
(b) | development consent under the Planning Act 2008 is |
| |
required for its construction by virtue of section 14(1)(g) of |
| |
that Act, and has been granted.” |
| |
|
| |
|
| |
|
7 | In section 66(1) (general interpretation provisions) in the definition of |
| |
| |
(a) | after paragraph (a) insert— |
| |
“(aa) | if no such authorisation is required, beyond the limits |
| |
of lateral diversion permitted by development |
| 5 |
consent under the Planning Act 2008 relating to that |
| |
| |
(b) | in paragraph (b) after “no such authorisation” insert “or consent”. |
| |
Harbours Act 1964 (c. 40) |
| |
8 | The Harbours Act 1964 is amended as follows. |
| 10 |
9 | In section 14 (harbour revision orders) after subsection (1) insert— |
| |
“(1A) | Subsection (1) is subject to— |
| |
(a) | section 33(2) of the Planning Act 2008 (exclusion of powers to |
| |
| |
(b) | section 120(9) of that Act (exclusion of power to include |
| 15 |
ancillary provision in orders).” |
| |
10 | In section 16 (harbour empowerment orders) after subsection (3) insert— |
| |
“(3A) | Subsections (1) to (3) are subject to— |
| |
(a) | section 33(2) of the Planning Act 2008 (exclusion of powers to |
| |
| 20 |
(b) | section 120(9) of that Act (exclusion of power to include |
| |
ancillary provision in orders).” |
| |
| |
11 | The Gas Act 1965 is amended as follows. |
| |
12 | In section 4 (storage authorisation orders) after subsection (2) insert— |
| 25 |
“(2A) | So far as relating to development within section 17(2), (3) or (5) of the |
| |
| |
(a) | subsection (1) is subject to section 33(2) of that Act (exclusion |
| |
of powers to authorise development for which development |
| |
| 30 |
(b) | subsection (2) is subject to section 33(1) of that Act (exclusion |
| |
of requirement for other consents for development for which |
| |
development consent required). |
| |
(2B) | So far as relating to the use of strata for the storage of gas, subsections |
| |
(1) and (2) are subject to section 120(9) of the Planning Act 2008 |
| 35 |
(exclusion of power to include ancillary provision in orders).” |
| |
13 | In section 5 (control of mining and other operations in gas storage area and |
| |
protective area) after subsection (2) insert— |
| |
“(2A) | Subsection (2) does not apply so far as the controlled operations are |
| |
authorised by an order granting development consent under the |
| 40 |
| |
14 (1) | Section 6 (controlled operations: carrying out of works to remedy a default) |
| |
| |
|
| |
|
| |
|
| |
(a) | for “without the consent of the Minister” substitute “in breach of |
| |
| |
(b) | for “failure to comply with any conditions subject to which the |
| |
Minister’s consent to the carrying out of any controlled operations |
| 5 |
has been granted” substitute “relevant failure to comply”, and |
| |
(c) | after “foregoing section” insert “or in circumstances involving a |
| |
relevant failure to comply”. |
| |
(3) | In subsection (5) for the words from “failed” to the end substitute “was |
| |
responsible for the relevant failure to comply.” |
| 10 |
(4) | After subsection (8) insert— |
| |
“(9) | In this section “relevant failure to comply” means— |
| |
(a) | in a case where the Minister’s consent to the carrying out of |
| |
controlled operations has been obtained under section 5, a |
| |
failure to comply with any conditions subject to which the |
| 15 |
Minister’s consent was granted; |
| |
(b) | in a case where the carrying out of controlled operations has |
| |
been authorised by an order granting development consent |
| |
under the Planning Act 2008, a breach of the terms of the |
| |
order or other failure to comply with the terms of the order.” |
| 20 |
| |
15 | In section 14 of the Energy Act 1976 (fuelling of new and converted power |
| |
stations) after subsection (1) insert— |
| |
“(1A) | Subsection (1) is subject to section 33(1) of the Planning Act 2008 |
| |
(exclusion of requirement for notice to be given of development for |
| 25 |
which development consent required).” |
| |
Ancient Monuments and Archaeological Areas Act 1979 (c. 46) |
| |
16 | The Ancient Monuments and Archaeological Areas Act 1979 is amended as |
| |
| |
17 | In section 2(1) (offence of executing works affecting scheduled monuments |
| 30 |
without authorisation) after “authorised under this Part of this Act” insert |
| |
“or by development consent”. |
| |
18 | In section 28(2) (offence of damaging ancient monuments: exception for |
| |
authorised works) after “order under section 3)” insert “or for which |
| |
development consent has been granted”. |
| 35 |
19 | In section 37 (exemptions from offence under section 35) after subsection (1) |
| |
| |
“(1A) | Section 35 does not apply to the carrying out of any operations for |
| |
which development consent has been granted.” |
| |
20 | In section 61(1) (interpretation of Act) at the appropriate place insert— |
| 40 |
““development consent” means development consent under the |
| |
| |
|
| |
|
| |
|
Highways Act 1980 (c. 66) |
| |
21 | The Highways Act 1980 is amended as follows. |
| |
22 | In section 10 (general provision as to trunk roads) after subsection (2) |
| |
| |
“(2A) | Subsection (2) is subject to section 33(4) of the Planning Act 2008 |
| 5 |
(exclusion of powers to make or confirm orders in relation to |
| |
highways for which development consent required).” |
| |
23 | In section 14 (powers as respects roads that cross or join trunk roads etc.) |
| |
after subsection (1) insert— |
| |
“(1A) | Subsection (1) is subject to section 33(4) of the Planning Act 2008 |
| 10 |
(exclusion of powers to make or confirm orders in relation to |
| |
highways for which development consent required).” |
| |
24 | In section 16 (general provision as to special roads) after subsection (3) |
| |
| |
“(3A) | Subsection (3) is subject to section 33(4) of the Planning Act 2008 |
| 15 |
(exclusion of powers to make or confirm schemes in relation to |
| |
highways for which development consent required).” |
| |
25 | In section 18 (supplementary orders relating to special roads) after |
| |
| |
“(1A) | Subsection (1) is subject to section 33(4) of the Planning Act 2008 |
| 20 |
(exclusion of powers to make or confirm orders in relation to |
| |
highways for which development consent required).” |
| |
26 | In section 106 (orders and schemes providing for construction of bridges |
| |
over or tunnels under navigable waters) after subsection (4) insert— |
| |
“(4A) | Subsections (1) and (3) are subject to section 33(4) of the Planning Act |
| 25 |
2008 (exclusion of powers to make or confirm orders or schemes in |
| |
relation to highways for which development consent required).” |
| |
27 | In section 108 (power to divert navigable watercourses) after subsection (1) |
| |
| |
“(1A) | Subsection (1) is subject to section 33(4) of the Planning Act 2008 |
| 30 |
(exclusion of powers to make or confirm orders in relation to |
| |
highways for which development consent required).” |
| |
28 | In section 110 (power to divert non-navigable watercourses and to carry out |
| |
other works) after subsection (1) insert— |
| |
“(1A) | Subsection (1) is subject to section 33(4) of the Planning Act 2008 |
| 35 |
(exclusion of powers to make or confirm orders in relation to |
| |
highways for which development consent required).” |
| |
29 (1) | Section 329(1) (further provision as to interpretation of Act) is amended as |
| |
| |
(2) | In the definition of “special road” after “section 16 above” insert “or by virtue |
| 40 |
of an order granting development consent under the Planning Act 2008”. |
| |
(3) | In the definition of “trunk road” after “section 10 above” insert “or an order |
| |
granting development consent under the Planning Act 2008,”. |
| |
|
| |
|
| |
|
30 | For section 337 (saving for obligation to obtain planning permission) |
| |
| |
“337 | Saving for obligation to obtain planning permission or development |
| |
| |
Nothing in this Act authorises— |
| 5 |
(a) | the carrying out of any development of land for which |
| |
permission is required by virtue of section 57 of the Town |
| |
and Country Planning Act 1990 and which is not authorised |
| |
by permission granted or deemed to be granted under or for |
| |
the purposes of Part 3 of that Act; or |
| 10 |
(b) | the carrying out of any development for which development |
| |
consent is required under the Planning Act 2008 and for |
| |
which development consent has not been granted under that |
| |
| |
Electricity Act 1989 (c. 29) |
| 15 |
31 | The Electricity Act 1989 is amended as follows. |
| |
32 (1) | Section 36 (consent for construction etc. of generating stations) is amended |
| |
| |
(2) | In subsection (1) after “subsections” insert “(1A) to”. |
| |
(3) | After subsection (1) insert— |
| 20 |
“(1A) | So far as relating to the construction or extension of a generating |
| |
station, subsection (1) is subject to section 33(1) of the Planning Act |
| |
2008 (exclusion of requirement for other consents for development |
| |
for which development consent required). |
| |
(1B) | So far as relating to the operation of a generating station, subsection |
| 25 |
(1) does not apply if the operation is authorised by an order granting |
| |
development consent under the Planning Act 2008.” |
| |
33 (1) | Section 37 (consent for overhead lines) is amended as follows. |
| |
(2) | In subsection (1) for “subsection (2)” substitute “subsections (1A) to (2)”. |
| |
(3) | After subsection (1) insert— |
| 30 |
“(1A) | So far as relating to the installation of an electric line, subsection (1) |
| |
is subject to section 33(1) of the Planning Act 2008 (exclusion of |
| |
requirement for other consents for development for which |
| |
development consent required). |
| |
(1B) | So far as relating to keeping an electric line installed, subsection (1) |
| 35 |
does not apply if keeping the line installed is authorised by an order |
| |
granting development consent under the Planning Act 2008.” |
| |
Town and Country Planning Act 1990 (c. 8) |
| |
34 | TCPA 1990 is amended as follows. |
| |
35 | In section 57 (planning permission required for development) after |
| 40 |
|
| |
|
| |
|
| |
“(1A) | Subsection (1) is subject to section 33(1) of the Planning Act 2008 |
| |
(exclusion of requirement for planning permission etc. for |
| |
development for which development consent required).” |
| |
36 (1) | Section 211 (preservation of trees in conservation areas) is amended as |
| 5 |
| |
(2) | After subsection (1) insert— |
| |
“(1A) | Subsection (1) does not apply so far as the act in question is |
| |
authorised by an order granting development consent.” |
| |
(3) | After subsection (5) insert— |
| 10 |
“(5A) | Subsection (5) does not apply so far as the act in question is |
| |
authorised by an order granting development consent.” |
| |
37 | In section 336(1) (interpretation) at the appropriate place insert— |
| |
““development consent” means development consent under the |
| |
| 15 |
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) |
| |
38 | The Listed Buildings Act is amended as follows. |
| |
39 (1) | Section 7 (restriction on works affecting listed buildings) is amended as |
| |
| |
(2) | At the beginning insert “(1)”. |
| 20 |
(3) | After “authorised” insert “under section 8”. |
| |
| |
“(2) | Subsection (1) is subject to section 33(1) of the Planning Act 2008 |
| |
(exclusion of requirement for other consents for development for |
| |
which development consent required).” |
| 25 |
40 | In section 59(3) (offence relating to acts causing or likely to result in damage |
| |
to listed building: exceptions) after paragraph (b) insert “; or |
| |
(c) | of works for which development consent has been granted |
| |
under the Planning Act 2008.” |
| |
41 | In section 74 (control of demolition in conservation areas) after subsection |
| 30 |
| |
“(1A) | Subsection (1) is subject to section 33(1) of the Planning Act 2008 |
| |
(exclusion of requirement for other consents for development for |
| |
which development consent required).” |
| |
Planning (Hazardous Substances) Act 1990 (c. 10) |
| 35 |
42 | The Hazardous Substances Act is amended as follows. |
| |
43 | In section 9(2)(c) (determination of applications for hazardous substances |
| |
consent: material considerations) after “planning permission” insert “or |
| |
| |
|
| |
|
| |
|
44 | In section 10(1) (conditions on grant of hazardous substances consent) after |
| |
“planning permission” insert “or development consent”. |
| |
45 (1) | Section 12 (deemed hazardous substances consent: government |
| |
authorisation) is amended as follows. |
| |
(2) | After subsection (2A) insert— |
| 5 |
“(2B) | On making an order granting development consent in respect of |
| |
development that would involve the presence of a hazardous |
| |
substance in circumstances requiring hazardous substances consent, |
| |
the person making the order may direct that hazardous substances |
| |
consent shall be deemed to be granted, subject to such conditions (if |
| 10 |
any) as may be specified in the direction.” |
| |
(3) | For subsection (3) substitute— |
| |
“(3) | Before giving a direction under any of subsections (1) to (2B), the |
| |
person having power to give the direction must consult the Health |
| |
| 15 |
| |
(a) | for “government department or the Secretary of State” substitute |
| |
| |
(b) | after “directions” insert “given by the person”. |
| |
46 | In section 14(2)(b) (power to revoke or modify hazardous substances |
| 20 |
| |
(a) | after “planning permission” insert “or development consent”; |
| |
(b) | after “the permission” insert “or development consent”. |
| |
47 | In section 39(1) (interpretation) at the appropriate place insert— |
| |
““development consent” means development consent under the |
| 25 |
| |
New Roads and Street Works Act 1991 (c. 22) |
| |
48 | The New Roads and Street Works Act 1991 is amended as follows. |
| |
49 | In section 6 (toll orders) after subsection (1) insert— |
| |
“(1A) | Subsection (1) is subject to section 33(4) of the Planning Act 2008 |
| 30 |
(exclusion of powers to make or confirm orders in relation to |
| |
highways for which development consent required).” |
| |
Water Industry Act 1991 (c. 56) |
| |
50 | In section 167(1) of the Water Industry Act 1991 (compulsory works |
| |
| 35 |
(a) | after “water undertaker” insert “whose area is wholly or partly in |
| |
| |
(b) | after “functions” insert “in relation to an area in Wales”. |
| |
Transport and Works Act 1992 (c. 42) |
| |
51 | The Transport and Works Act 1992 is amended as follows. |
| 40 |
52 | In section 1 (orders as to railways, tramways etc.) after subsection (1) |
| |
|
| |
|