Planning Bill

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House of Commons

Session 2007 - 08
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Planning Bill

Planning Bill

[AS AMENDED ON REPORT]

Contents
Part 1
The Infrastructure Planning Commission
1
The Infrastructure Planning Commission
2
Code of conduct
3
Register of Commissioners’ interests
4
Fees
Part 2
National policy statements
5
National policy statements
6
Review
7
Consultation and publicity
8
Consultation on publicity requirements
9
Parliamentary requirements
10
Sustainable development
11
Suspension pending review
12
Pre-commencement statements of policy, consultation etc.
13
Legal challenges relating to national policy statements
Part 3
Nationally significant infrastructure projects
General
14
Nationally significant infrastructure projects: general
Energy
15
Generating stations
16
Electric lines
17
Underground gas storage facilities
18
LNG facilities
19
Gas reception facilities

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20
Gas transporter pipe-lines
21
Other pipe-lines
Transport
22
Highways
23
Airports
24
Harbour facilities
25
Railways
26
Rail freight interchanges
Water
27
Dams and reservoirs
28
Transfer of water resources
Waste water
29
Waste water treatment plants
Waste
30
Hazardous waste facilities
Part 4
Requirement for development consent
31
When development consent is required
32
Meaning of “development”
33
Effect of requirement for development consent on other consent regimes
34
Welsh offshore generating stations
35
Directions in relation to projects of national significance
36
Amendments consequential on development consent regime
Part 5
Applications for orders granting development consent
Chapter 1
Applications
37
Applications for orders granting development consent
38
Model provisions
39
Register of applications
40
Applications by the Crown for orders granting development consent
Chapter 2
Pre-application procedure
41
Chapter applies before application is made
42
Duty to consult

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43
Local authorities for purposes of section 42 (b)
44
Categories for purposes of section 42 (d)
45
Timetable for consultation under section 42
46
Duty to notify Commission of proposed application
47
Duty to consult local community
48
Duty to publicise
49
Duty to take account of responses to consultation and publicity
50
Guidance about pre-application procedure
Chapter 3
Assistance for applicants and others
51
Advice for potential applicants and others
52
Obtaining information about interests in land
53
Rights of entry
54
Rights of entry: Crown land
Part 6
Deciding applications for orders granting development consent
Chapter 1
Handling of application by Commission
55
Acceptance of applications
56
Notifying persons of accepted application
57
Categories for purposes of section 56 (2)(d)
58
Certifying compliance with section 56
59
Notice of persons interested in land to which compulsory acquisition request
relates
60
Local impact reports
61
Initial choice of Panel or single Commissioner
62
Switching from single Commissioner to Panel
63
Delegation of functions by person appointed to chair Commission
Chapter 2
The Panel procedure
Panels
64
Panel for each application to be handled under this Chapter
65
Appointment of members, and lead member, of Panel
66
Ceasing to be member, or lead member, of Panel
67
Panel member continuing though ceasing to be Commissioner
68
Additional appointments to Panel
69
Replacement of lead member of Panel
70
Membership of Panel where application relates to land in Wales
71
Supplementary provision where Panel replaces single Commissioner
72
Panel ceasing to have any members
73
Consequences of changes in Panel

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Panel’s role in relation to application
74
Panel to decide, or make recommendation in respect of, application
75
Decision-making by the Panel
76
Allocation within Panel of Panel’s functions
77
Exercise of Panel’s powers for examining application
Chapter 3
The single-Commissioner procedure
The single Commissioner
78
Single Commissioner to handle application
79
Appointment of single Commissioner
80
Ceasing to be the single Commissioner
81
Single Commissioner continuing though ceasing to be Commissioner
82
Appointment of replacement single Commissioner
Single Commissioner’s role in relation to application
83
Single Commissioner to examine and report on application
Commission’s role in respect of application
84
Report from single Commissioner to be referred to Council
85
Decisions made by the Council on the application
Chapter 4
Examination of applications under Chapter 2 or 3
86
Chapter applies to examination by Panel or single Commissioner
87
Examining authority to control examination of application
88
Initial assessment of issues, and preliminary meeting
89
Examining authority’s decisions about how application is to be examined
90
Written representations
91
Hearings about specific issues
92
Compulsory acquisition hearings
93
Open-floor hearings
94
Hearings: general provisions
95
Hearings: disruption, supervision and costs
96
Representations not made orally may be made in writing
97
Procedure rules
98
Timetable for examining, and reporting on, application
99
Completion of Examining authority’s examination of application
100
Assessors
101
Legal advice and assistance
102
Interpretation of Chapter 4: “interested party” and other expressions
Chapter 5
Decisions on applications
103
Cases where Secretary of State is, and meaning of, decision-maker

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104
Decisions of Panel and Council
105
Decisions of Secretary of State
106
Matters that may be disregarded when deciding application
107
Timetable for decisions
Chapter 6
Suspension of decision-making process
108
Suspension during review of national policy statement
Chapter 7
Intervention by Secretary of State
109
Intervention: significant change in circumstances
110
Intervention: defence and national security
111
Intervention: other circumstances
112
Power of Secretary of State to intervene
113
Effect of intervention
Chapter 8
Grant or refusal
114
Grant or refusal of development consent
115
Development for which development consent may be granted
116
Reasons for decision to grant or refuse development consent
117
Orders granting development consent: formalities
Chapter 9
Legal challenges
118
Legal challenges relating to applications for orders granting development
consent
Chapter 10
Correction of errors
119
Correction of errors in development consent decisions
Part 7
Development consent orders
Chapter 1
Content of development consent orders
General
120
What may be included in order granting development consent

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121
Proposed exercise of powers in relation to legislation
Compulsory acquisition
122
Purpose for which compulsory acquisition may be authorised
123
Land to which authorisation of compulsory acquisition can relate
124
Guidance about authorisation of compulsory acquisition
125
Application of compulsory acquisition provisions
126
Compensation for compulsory acquisition
127
Statutory undertakers’ land
128
Local authority and statutory undertakers’ land: general
129
Local authority and statutory undertakers’ land: acquisition by public body
130
National Trust land
131
Commons, open spaces etc: compulsory acquisition of land
132
Commons, open spaces etc: compulsory acquisition of rights over land
133
Rights in connection with underground gas storage facilities
134
Notice of authorisation of compulsory acquisition
Miscellaneous
135
Orders: Crown land
136
Public rights of way
137
Public rights of way: statutory undertakers’ apparatus etc.
138
Extinguishment of rights, and removal of apparatus, of statutory undertakers
etc.
139
Operation of generating stations
140
Keeping electric lines installed above ground
141
Use of underground gas storage facilities
142
Diversion of watercourses
143
Highways
144
Harbours
145
Discharge of water
146
Development of Green Belt land
147
Deemed consent under section 34 of the Coast Protection Act 1949
148
Deemed licences under Part 2 of the Food and Environment Protection Act
1985
149
Removal of consent requirements
150
Liability under existing regimes
151
Compensation in case where no right to claim in nuisance
Chapter 2
Changes to, and revocation of, development consent orders
152
Changes to, and revocation of, orders granting development consent
Chapter 3
General
153
Duration of development consent order
154
When development begins
155
Benefit of development consent order
156
Use of buildings in respect of which development consent granted

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157
Nuisance: statutory authority
158
Interpretation: land and rights over land
Part 8
Enforcement
Offences
159
Development without development consent
160
Breach of terms of order granting development consent
161
Time limits
Rights of entry
162
Right to enter without warrant
163
Right to enter under warrant
164
Rights of entry: supplementary provisions
165
Rights of entry: Crown land
Information notices
166
Power to require information
167
Offences relating to information notices
Notices of unauthorised development
168
Notice of unauthorised development
169
Execution of works required by notice of unauthorised development
Injunctions
170
Injunctions
Isles of Scilly
171
Isles of Scilly
The relevant local planning authority
172
The relevant local planning authority
Part 9
Changes to existing planning regimes
Chapter 1
Changes related to development consent regime
Planning obligations
173
Planning obligations

© Parliamentary copyright 2008
Revised 13 November 2008