|
| |
|
“permitted” means permitted by planning permission or development |
| |
| |
“petroleum products” has the meaning given by section 21 of the Energy |
| |
| |
“scheduled monument” has the meaning given by section 1(11) of the |
| 5 |
Ancient Monuments and Archaeological Areas Act 1979 (c. 46); |
| |
“tipping operations” has the meaning given by section 61(1) of that Act. |
| |
33 | Effect of requirement for development consent on other consent regimes |
| |
(1) | To the extent that development consent is required for development, none of |
| |
the following is required to be obtained for the development or given in |
| 10 |
| |
| |
(b) | consent under section 10(1), 11(1) or 12(1) of the Green Belt (London |
| |
and Home Counties) Act 1938 (c. xciii) (erection of buildings and |
| |
construction of sewer main pipes, watercourses and electric lines etc. |
| 15 |
| |
(c) | a pipe-line construction authorisation under section 1(1) of the Pipe- |
| |
lines Act 1962 (c. 58) (authorisation for construction of cross-country |
| |
| |
(d) | authorisation by an order under section 4(1) of the Gas Act 1965 (c. 36) |
| 20 |
(storage of gas in underground strata); |
| |
(e) | notice under section 14(1) of the Energy Act 1976 (conversion of |
| |
generating station from one fuel to another); |
| |
(f) | to the extent that the development relates to land in England, consent |
| |
under section 2(3) or 3 of the Ancient Monuments and Archaeological |
| 25 |
| |
(g) | to the extent that the development relates to land in England, notice |
| |
under section 35 of the Ancient Monuments and Archaeological Areas |
| |
| |
(h) | consent under section 36 or 37 of the Electricity Act 1989 (c. 29) |
| 30 |
(construction etc. of generating stations and installation of overhead |
| |
| |
(i) | to the extent that the development relates to land in England, consent |
| |
under section 8(1), (2) or (3) of the Listed Buildings Act; |
| |
(j) | to the extent that the development relates to land in England, consent |
| 35 |
under section 74(1) of the Listed Buildings Act. |
| |
(2) | To the extent that development consent is required for development, the |
| |
development may not be authorised by any of the following— |
| |
(a) | an order under section 14 or 16 of the Harbours Act 1964 (c. 40) (orders |
| |
in relation to harbours, docks and wharves); |
| 40 |
(b) | an order under section 4(1) of the Gas Act 1965 (order authorising |
| |
storage of gas in underground strata); |
| |
(c) | an order under section 1 or 3 of the Transport and Works Act 1992 |
| |
(c. 42) (orders as to railways, tramways, inland waterways etc.). |
| |
(3) | Subsection (2) is subject to section 34. |
| 45 |
(4) | If development consent is required for the construction, improvement or |
| |
alteration of a highway, none of the following may be made or confirmed in |
| |
|
| |
|
| |
|
relation to the highway or in connection with the construction, improvement |
| |
or alteration of the highway— |
| |
(a) | an order under section 10 of the Highways Act 1980 (c. 66) (general |
| |
provisions as to trunk roads) directing that the highway should become |
| |
| 5 |
(b) | an order under section 14 of that Act (supplementary orders relating to |
| |
trunk roads and classified roads); |
| |
(c) | a scheme under section 16 of that Act (schemes authorising the |
| |
provision of special roads); |
| |
(d) | an order under section 18 of that Act (supplementary orders relating to |
| 10 |
| |
(e) | an order or scheme under section 106 of that Act (orders and schemes |
| |
providing for construction of bridges over or tunnels under navigable |
| |
| |
(f) | an order under section 108 or 110 of that Act (orders authorising the |
| 15 |
diversion of navigable and non-navigable watercourses); |
| |
(g) | an order under section 6 of the New Roads and Street Works Act 1991 |
| |
| |
34 | Welsh offshore generating stations |
| |
(1) | Section 33(2) does not prevent an order under section 3 of the Transport and |
| 20 |
Works Act 1992 (c. 42) from authorising the carrying out of works consisting of |
| |
the construction or extension of a generating station that is or (when |
| |
constructed or extended) will be a Welsh offshore generating station. |
| |
(2) | A “Welsh offshore generating station” is a generating station that is in waters |
| |
in or adjacent to Wales up to the seaward limits of the territorial sea. |
| 25 |
(3) | If, by virtue of subsection (1), an order under section 3 of the Transport and |
| |
Works Act 1992 authorises the carrying out of any works, development |
| |
consent is treated as not being required for the carrying out of those works. |
| |
35 | Directions in relation to projects of national significance |
| |
(1) | This section applies if— |
| 30 |
(a) | an application for a consent or authorisation mentioned in section 33(1) |
| |
or (2) is made to an authority (“the relevant authority”) in relation to |
| |
| |
(b) | the development is or forms part of a project in a field specified in |
| |
| 35 |
(c) | the development will (when completed) be wholly in one or more of the |
| |
areas specified in subsection (3), and |
| |
(d) | the Secretary of State thinks that the project is of national significance, |
| |
either by itself or when considered with one or more other projects or |
| |
proposed projects in the same field. |
| 40 |
| |
| |
| |
| |
| 45 |
| |
|
| |
|
| |
|
| |
| |
(b) | waters adjacent to England up to the seaward limits of the territorial |
| |
| |
(c) | in the case of a project for the carrying out of works in the field of |
| 5 |
energy, a Renewable Energy Zone, except any part of a Renewable |
| |
Energy Zone in relation to which the Scottish Ministers have functions. |
| |
(4) | The Secretary of State may direct— |
| |
(a) | the application to be treated as an application for an order granting |
| |
| 10 |
(b) | the development to which the application relates to be treated as |
| |
development for which development consent is required, |
| |
| for specified purposes or generally. |
| |
(5) | A direction under subsection (4) may provide for specified provisions of or |
| |
made under this or any other Act— |
| 15 |
(a) | to have effect in relation to the application with any specified |
| |
| |
(b) | to be treated as having been complied with in relation to the |
| |
| |
(6) | If the Secretary of State gives a direction under subsection (4), the relevant |
| 20 |
authority must refer the application to the Commission instead of dealing with |
| |
| |
(7) | If the Secretary of State is considering whether to give a direction under |
| |
subsection (4), the Secretary of State may direct the relevant authority to take |
| |
no further action in relation to the application until the Secretary of State has |
| 25 |
decided whether to give the direction. |
| |
(8) | The Secretary of State may require the relevant authority to provide any |
| |
information required by the Secretary of State for the purpose of enabling the |
| |
Secretary of State to decide— |
| |
(a) | whether to give a direction under subsection (4), and |
| 30 |
(b) | the terms in which a direction under subsection (4) should be given. |
| |
(9) | If the Secretary of State decides to give a direction under subsection (4), the |
| |
Secretary of State must give reasons for the decision. |
| |
36 | Amendments consequential on development consent regime |
| |
Schedule 2 makes amendments consequential on the development consent |
| 35 |
| |
|
| |
|
| |
|
| |
Applications for orders granting development consent |
| |
| |
| |
37 | Applications for orders granting development consent |
| 5 |
(1) | An order granting development consent may be made only if an application is |
| |
| |
(2) | An application for an order granting development consent must be made to the |
| |
| |
(3) | An application for an order granting development consent must— |
| 10 |
(a) | specify the development to which it relates, |
| |
(b) | be made in the prescribed form, |
| |
(c) | be accompanied by the consultation report, and |
| |
(d) | be accompanied by documents and information of a prescribed |
| |
| 15 |
(4) | The Commission may give guidance about how the requirements under |
| |
subsection (3) are to be complied with. |
| |
(5) | The Commission may set standards for— |
| |
(a) | the preparation of a document required by subsection (3)(d); |
| |
(b) | the coverage in such a document of a matter falling to be dealt with in it; |
| 20 |
(c) | all or any of the collection, sources, verification, processing and |
| |
presentation of information required by subsection (3)(d). |
| |
(6) | The Commission must publish, in such manner as it thinks appropriate, any |
| |
guidance given under subsection (4) and any standards set under subsection |
| |
| 25 |
(7) | In subsection (3)(c) “the consultation report” means a report giving details of— |
| |
(a) | what has been done in compliance with sections 42, 47 and 48 in |
| |
relation to a proposed application that has become the application, |
| |
(b) | any relevant responses, and |
| |
(c) | the account taken of any relevant responses. |
| 30 |
(8) | In subsection (7) “relevant response” has the meaning given by section 49(3). |
| |
| |
(1) | The Secretary of State may by order prescribe model provisions for |
| |
incorporation in a draft order which may be required (in accordance with |
| |
regulations made under section 37(3)(d)) to accompany an application for an |
| 35 |
order granting development consent. |
| |
(2) | The Commission must have regard to any model provisions prescribed by an |
| |
order under subsection (1) when exercising its power to make an order |
| |
granting development consent. |
| |
|
| |
|
| |
|
(3) | The fact that a model provision has been prescribed by an order under |
| |
subsection (1) does not make it mandatory for a provision in the terms of the |
| |
| |
| |
(b) | an order granting development consent. |
| 5 |
39 | Register of applications |
| |
(1) | The Commission is to maintain a register of applications received by it for |
| |
orders granting development consent (“the register”). |
| |
(2) | Where the Commission receives an application for an order granting |
| |
development consent, it must cause details of the application to be entered in |
| 10 |
| |
(3) | The Commission must publish the register or make arrangements for |
| |
inspection of the register by the public. |
| |
(4) | The Commission must make arrangements for inspection by the public of— |
| |
(a) | applications received by the Commission for orders granting |
| 15 |
| |
(b) | consultation reports received by the Commission under section |
| |
| |
(c) | accompanying documents and information received by the |
| |
Commission under section 37(3)(d). |
| 20 |
40 | Applications by the Crown for orders granting development consent |
| |
(1) | This section applies to an application for an order granting development |
| |
consent made by or on behalf of the Crown. |
| |
(2) | The Secretary of State may by regulations modify or exclude any statutory |
| |
| 25 |
(a) | the procedure to be followed before such an application is made; |
| |
(b) | the making of such an application; |
| |
(c) | the decision-making process for such an application. |
| |
(3) | A statutory provision is a provision contained in or having effect under this Act |
| |
| 30 |
| |
Pre-application procedure |
| |
41 | Chapter applies before application is made |
| |
(1) | This Chapter applies where a person (“the applicant”) proposes to make an |
| |
application for an order granting development consent. |
| 35 |
(2) | In the following provisions of this Chapter— |
| |
“the proposed application” means the proposed application mentioned in |
| |
| |
“the land” means the land to which the proposed application relates or |
| |
| 40 |
|
| |
|
| |
|
“the proposed development” means the development for which the |
| |
proposed application (if made) would seek development consent. |
| |
| |
The applicant must consult the following about the proposed application— |
| |
(a) | such persons as may be prescribed, |
| 5 |
(b) | each local authority that is within section 43, |
| |
(c) | the Greater London Authority if the land is in Greater London, and |
| |
(d) | each person who is within one or more of the categories set out in |
| |
| |
43 | Local authorities for purposes of section 42(b) |
| 10 |
(1) | A local authority is within this section if the land is in the authority’s area. |
| |
(2) | A local authority (“A”) is within this section if— |
| |
(a) | the land is in the area of another local authority (“B”), and |
| |
(b) | any part of the boundary of A’s area is also a part of the boundary of |
| |
| 15 |
(3) | In this section “local authority” means— |
| |
(a) | a county council, or district council, in England; |
| |
(b) | a London borough council; |
| |
(c) | the Common Council of the City of London; |
| |
(d) | the Council of the Isles of Scilly; |
| 20 |
(e) | a county council, or county borough council, in Wales; |
| |
(f) | a council constituted under section 2 of the Local Government etc. |
| |
(Scotland) Act 1994 (c. 39); |
| |
(g) | a National Park authority; |
| |
(h) | the Broads authority. |
| 25 |
44 | Categories for purposes of section 42(d) |
| |
(1) | A person is within Category 1 if the applicant, after making diligent inquiry, |
| |
knows that the person is an owner, lessee, tenant (whatever the tenancy |
| |
period) or occupier of the land. |
| |
(2) | A person is within Category 2 if the applicant, after making diligent inquiry, |
| 30 |
| |
(a) | is interested in the land, or |
| |
| |
(i) | to sell and convey the land, or |
| |
(ii) | to release the land. |
| 35 |
(3) | An expression, other than “the land”, that appears in subsection (2) of this |
| |
section and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has |
| |
in subsection (2) the meaning that it has in section 5(1) of that Act. |
| |
(4) | A person is within Category 3 if the applicant thinks that, if the order sought |
| |
by the proposed application were to be made and fully implemented, the |
| 40 |
person would or might be entitled— |
| |
(a) | as a result of the implementing of the order, |
| |
|
| |
|
| |
|
(b) | as a result of the order having been implemented, or |
| |
(c) | as a result of use of the land once the order has been implemented, |
| |
| to make a relevant claim. |
| |
| This is subject to subsection (5). |
| |
(5) | A person is within Category 3 only if the person is known to the applicant after |
| 5 |
| |
(6) | In subsection (4) “relevant claim” means— |
| |
(a) | a claim under section 10 of the Compulsory Purchase Act 1965 (c. 56) |
| |
(compensation where satisfaction not made for the taking, or injurious |
| |
affection, of land subject to compulsory purchase); |
| 10 |
(b) | a claim under Part 1 of the Land Compensation Act 1973 (c. 26) |
| |
(compensation for depreciation of land value by physical factors |
| |
caused by use of public works). |
| |
45 | Timetable for consultation under section 42 |
| |
(1) | The applicant must, when consulting a person under section 42, notify the |
| 15 |
person of the deadline for the receipt by the applicant of the person’s response |
| |
| |
(2) | A deadline notified under subsection (1) must not be earlier than the end of the |
| |
period of 28 days that begins with the day after the day on which the person |
| |
receives the consultation documents. |
| 20 |
(3) | In subsection (2) “the consultation documents” means the documents supplied |
| |
to the person by the applicant for the purpose of consulting the person. |
| |
46 | Duty to notify Commission of proposed application |
| |
(1) | The applicant must supply the Commission with such information in relation |
| |
to the proposed application as the applicant would supply to the Commission |
| 25 |
for the purpose of complying with section 42 if the applicant were required by |
| |
that section to consult the Commission about the proposed application. |
| |
(2) | The applicant must comply with subsection (1) on or before commencing |
| |
consultation under section 42. |
| |
47 | Duty to consult local community |
| 30 |
(1) | The applicant must prepare a statement setting out how the applicant proposes |
| |
to consult, about the proposed application, people living in the vicinity of the |
| |
| |
(2) | Before preparing the statement, the applicant must consult each local authority |
| |
that is within section 43(1) about what is to be in the statement. |
| 35 |
(3) | The deadline for the receipt by the applicant of a local authority’s response to |
| |
consultation under subsection (2) is the end of the period of 28 days that begins |
| |
with the day after the day on which the local authority receives the |
| |
| |
(4) | In subsection (3) “the consultation documents” means the documents supplied |
| 40 |
to the local authority by the applicant for the purpose of consulting the local |
| |
authority under subsection (2). |
| |
|
| |
|