|
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7 | Consultation and publicity |
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(1) | This section sets out the consultation and publicity requirements referred to in |
| |
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(2) | The Secretary of State must carry out such consultation, and arrange for such |
| |
publicity, as the Secretary of State thinks appropriate in relation to the |
| 5 |
| |
| This is subject to subsections (4) and (5). |
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(3) | In this section “the proposal” means— |
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(a) | the statement that the Secretary of State proposes to designate as a |
| |
national policy statement for the purposes of this Act, or |
| 10 |
(b) | (as the case may be) the proposed amendment. |
| |
(4) | The Secretary of State must consult such persons, and such descriptions of |
| |
persons, as may be prescribed. |
| |
(5) | If the policy set out in the proposal identifies one or more locations as suitable |
| |
(or potentially suitable) for a specified description of development, the |
| 15 |
Secretary of State must ensure that appropriate steps are taken to publicise the |
| |
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(6) | The Secretary of State must have regard to the responses to the consultation |
| |
and publicity in deciding whether to proceed with the proposal. |
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8 | Consultation on publicity requirements |
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(1) | In deciding what steps are appropriate for the purposes of section 7(5), the |
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Secretary of State must consult— |
| |
(a) | each local authority that is within subsection (2) or (3), and |
| |
(b) | the Greater London Authority, if any of the locations concerned is in |
| |
| 25 |
(2) | A local authority is within this subsection if any of the locations concerned is |
| |
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(3) | A local authority (“A”) is within this subsection if— |
| |
(a) | any of the locations concerned is in the area of another local authority |
| |
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(b) | any part of the boundary of A’s area is also a part of the boundary of |
| |
| |
(4) | In this section “local authority” means— |
| |
(a) | a county council, or district council, in England; |
| |
(b) | a London borough council; |
| 35 |
(c) | the Common Council of the City of London; |
| |
(d) | the Council of the Isles of Scilly; |
| |
(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); |
| 40 |
(g) | a National Park authority; |
| |
(h) | the Broads authority. |
| |
| |
| |
|
| |
| |
9 | Parliamentary requirements |
| |
(1) | This section sets out the parliamentary requirements referred to in sections 5(4) |
| |
| |
(2) | The Secretary of State must lay the proposal before Parliament. |
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(3) | In this section “the proposal” means— |
| 5 |
(a) | the statement that the Secretary of State proposes to designate as a |
| |
national policy statement for the purposes of this Act, or |
| |
(b) | (as the case may be) the proposed amendment. |
| |
(4) | Subsection (5) applies if, during the relevant period— |
| |
(a) | either House of Parliament makes a resolution with regard to the |
| 10 |
| |
(b) | a committee of either House of Parliament makes recommendations |
| |
with regard to the proposal. |
| |
(5) | The Secretary of State must lay before Parliament a statement setting out the |
| |
Secretary of State’s response to the resolution or recommendations. |
| 15 |
(6) | The relevant period is the period specified by the Secretary of State in relation |
| |
| |
(7) | The Secretary of State must specify the relevant period in relation to the |
| |
proposal on or before the day on which the proposal is laid before Parliament |
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| 20 |
10 | Sustainable development |
| |
(1) | This section applies to the Secretary of State’s functions under sections 5 and 6. |
| |
(2) | The Secretary of State must, in exercising those functions, do so with the |
| |
objective of contributing to the achievement of sustainable development. |
| |
(3) | For the purposes of subsection (2) the Secretary of State must (in particular) |
| 25 |
have regard to the desirability of— |
| |
(a) | mitigating, and adapting to, climate change; |
| |
(b) | achieving good design. |
| |
11 | Suspension pending review |
| |
(1) | This section applies if the Secretary of State thinks that the condition in |
| 30 |
subsection (2) or (3) is met. |
| |
(2) | The condition is that— |
| |
(a) | since the time when a national policy statement was first published or |
| |
(if later) last reviewed, there has been a significant change in any |
| |
circumstances on the basis of which any of the policy set out in the |
| 35 |
| |
(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 statement would have been materially different. |
| |
(3) | The condition is that— |
| 40 |
(a) | since the time when part of a national policy statement (“the relevant |
| |
part”) was first published or (if later) last reviewed, there has been a |
| |
| |
| |
|
| |
| |
significant change in any circumstances on the basis of which any of the |
| |
policy set out in the relevant part was decided, |
| |
(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. |
| 5 |
(4) | The Secretary of State may suspend the operation of all or any part of the |
| |
national policy statement until a review of the statement or the relevant part |
| |
| |
(5) | If the Secretary of State does so, the designation as a national policy statement |
| |
of the statement or (as the case may be) the part of the statement that has been |
| 10 |
suspended is treated as having been withdrawn until the day on which the |
| |
Secretary of State complies with section 6(5) in relation to the review. |
| |
12 | Pre-commencement statements of policy, consultation etc. |
| |
(1) | The Secretary of State may exercise the power conferred by section 5(1) to |
| |
designate a statement as a national policy statement for the purposes of this Act |
| 15 |
| |
(a) | the statement has been issued by the Secretary of State before the |
| |
| |
(b) | the statement sets out national policy by reference to one or more |
| |
statements issued by the Secretary of State before the commencement |
| 20 |
| |
(2) | But subsection (1) does not apply in relation to a pre-commencement statement |
| |
if the Secretary of State thinks that— |
| |
(a) | since the time when the statement was first issued or (if later) the |
| |
statement or any part of it was last reviewed, there has been a |
| 25 |
significant change in any circumstances on the basis of which any of the |
| |
policy set out in the statement was decided, |
| |
(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 statement would have been materially different. |
| 30 |
(3) | A pre-commencement statement is a statement issued by the Secretary of State |
| |
before the commencement day. |
| |
(4) | For the avoidance of doubt, section 5(3) to (9) continue to apply where the |
| |
Secretary of State proposes to designate a statement as a national policy |
| |
statement for the purposes of this Act in circumstances within subsection (1)(a) |
| 35 |
| |
(5) | The Secretary of State may take account of appraisal carried out before the |
| |
commencement day for the purpose of complying with section 5(3). |
| |
(6) | The Secretary of State may take account of consultation carried out, and |
| |
publicity arranged, before the commencement day for the purpose of |
| 40 |
complying with the requirements of section 7. |
| |
(7) | “The commencement day” means the day on which section 5 comes fully into |
| |
| |
| |
| |
|
| |
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13 | Legal challenges relating to national policy statements |
| |
(1) | A court may entertain proceedings for questioning a national policy statement |
| |
or anything done, or omitted to be done, by the Secretary of State in the course |
| |
of preparing such a statement only if— |
| |
(a) | the proceedings are brought by a claim for judicial review, and |
| 5 |
(b) | the claim form is filed during the period of 6 weeks beginning with— |
| |
(i) | the day on which the statement is designated as a national |
| |
policy statement for the purposes of this Act, or |
| |
(ii) | (if later) the day on which the statement is published. |
| |
(2) | A court may entertain proceedings for questioning a decision of the Secretary |
| 10 |
of State not to carry out a review of all or part of a national policy statement |
| |
| |
(a) | the proceedings are brought by a claim for judicial review, and |
| |
(b) | the claim form is filed during the period of 6 weeks beginning with the |
| |
day of the decision not to carry out the review. |
| 15 |
(3) | A court may entertain proceedings for questioning a decision of the Secretary |
| |
of State to carry out a review of all or part of a national policy statement only |
| |
| |
(a) | the proceedings are brought by a claim for judicial review, and |
| |
(b) | the claim form is filed during the period of 6 weeks beginning with the |
| 20 |
day on which the Secretary of State complies with section 6(5) in |
| |
relation to the review concerned. |
| |
(4) | A court may entertain proceedings for questioning anything done, or omitted |
| |
to be done, by the Secretary of State in the course of carrying out a review of all |
| |
or part of a national policy statement only if— |
| 25 |
(a) | the proceedings are brought by a claim for judicial review, and |
| |
(b) | the claim form is filed during the period of 6 weeks beginning with the |
| |
day on which the Secretary of State complies with section 6(5) in |
| |
relation to the review concerned. |
| |
(5) | A court may entertain proceedings for questioning anything done by the |
| 30 |
Secretary of State under section 6(5) after completing a review of all or part of |
| |
a national policy statement only if— |
| |
(a) | the proceedings are brought by a claim for judicial review, and |
| |
(b) | the claim form is filed during the period of 6 weeks beginning with the |
| |
day on which the thing concerned is done. |
| 35 |
(6) | A court may entertain proceedings for questioning a decision of the Secretary |
| |
of State as to whether or not to suspend the operation of all or part of a national |
| |
policy statement under section 11 only if— |
| |
(a) | the proceedings are brought by a claim for judicial review, and |
| |
(b) | the claim form is filed during the period of 6 weeks beginning with the |
| 40 |
| |
| |
| |
|
| |
| |
| |
Nationally significant infrastructure projects |
| |
| |
14 | Nationally significant infrastructure projects: general |
| |
(1) | In this Act “nationally significant infrastructure project” means a project which |
| 5 |
consists of any of the following— |
| |
(a) | the construction or extension of a generating station; |
| |
(b) | the installation of an electric line above ground; |
| |
(c) | development relating to underground gas storage facilities; |
| |
(d) | the construction or alteration of an LNG facility; |
| 10 |
(e) | the construction or alteration of a gas reception facility; |
| |
(f) | the construction of a pipe-line by a gas transporter; |
| |
(g) | the construction of a pipe-line other than by a gas transporter; |
| |
(h) | highway-related development; |
| |
(i) | airport-related development; |
| 15 |
(j) | the construction or alteration of harbour facilities; |
| |
(k) | the construction or alteration of a railway; |
| |
(l) | the construction or alteration of a rail freight interchange; |
| |
(m) | the construction or alteration of a dam or reservoir; |
| |
(n) | development relating to the transfer of water resources; |
| 20 |
(o) | the construction or alteration of a waste water treatment plant; |
| |
(p) | the construction or alteration of a hazardous waste facility. |
| |
(2) | Subsection (1) is subject to sections 15 to 30. |
| |
(3) | The Secretary of State may by order— |
| |
(a) | amend subsection (1) to add a new type of project or vary or remove an |
| 25 |
existing type of project; |
| |
(b) | make further provision, or amend or repeal existing provision, about |
| |
the types of project which are, and are not, within subsection (1). |
| |
(4) | An order under subsection (3)(b) may amend this Act. |
| |
(5) | The power conferred by subsection (3) may be exercised to add a new type of |
| 30 |
project to subsection (1) only if— |
| |
(a) | a project of the new type is a project for the carrying out of works in one |
| |
or more of the fields specified in subsection (6), and |
| |
(b) | the works are to be carried out wholly in one or more of the areas |
| |
specified in subsection (7). |
| 35 |
| |
| |
| |
| |
| 40 |
| |
| |
| |
| |
|
| |
| |
| |
(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 |
| |
energy, a Renewable Energy Zone, except any part of a Renewable |
| 5 |
Energy Zone in relation to which the Scottish Ministers have functions. |
| |
| |
| |
(1) | The construction or extension of a generating station is within section 14(1)(a) |
| |
only if the generating station is or (when constructed or extended) is expected |
| 10 |
to be within subsection (2) or (3). |
| |
(2) | A generating station is within this subsection if— |
| |
(a) | it is in England or Wales, |
| |
(b) | it is not an offshore generating station, and |
| |
(c) | its capacity is more than 50 megawatts. |
| 15 |
(3) | A generating station is within this subsection if— |
| |
(a) | it is an offshore generating station, and |
| |
(b) | its capacity is more than 100 megawatts. |
| |
(4) | An “offshore” generating station is a generating station that is— |
| |
(a) | in waters in or adjacent to England or Wales up to the seaward limits of |
| 20 |
| |
(b) | in a Renewable Energy Zone, except any part of a Renewable Energy |
| |
Zone in relation to which the Scottish Ministers have functions. |
| |
| |
(1) | The installation of an electric line above ground is within section 14(1)(b) only |
| 25 |
if (when installed) the electric line will be— |
| |
| |
| |
(c) | partly in England and partly in Wales, or |
| |
(d) | partly in England and partly in Scotland, subject to subsection (2). |
| 30 |
(2) | In the case of an electric line falling within subsection (1)(d), the installation of |
| |
the line above ground is within section 14(1)(b) only to the extent that (when |
| |
installed) the line will be in England. |
| |
(3) | The installation of an electric line above ground is not within section 14(1)(b)— |
| |
(a) | if the nominal voltage of the line is expected to be less than 132 |
| 35 |
| |
(b) | to the extent that (when installed) the line will be within premises in the |
| |
occupation or control of the person responsible for its installation. |
| |
(4) | “Premises” includes any land, building or structure. |
| |
| |
| |
|
