Session 2010 - 11
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Localism Bill


Localism Bill
Part 5 — Planning
Chapter 6 — Nationally significant infrastructure projects

90

 

(e)   

make other transitional provision and savings;

(f)   

make provision binding the Crown.

(3)   

In this section—

“the abolition date” means the date on which section 107(1) comes into

force;

5

“the abolition provisions” means section 107, Schedule 13 and Part 18 of

Schedule 24.

109     

National policy statements

(1)   

The Planning Act 2008 is amended as follows.

(2)   

In section 5(4) (statement may be designated as national policy statement only

10

if consultation, publicity and parliamentary requirements have been complied

with) after “have been complied with in relation to it” insert “and—

(a)   

the consideration period for the statement has expired without

the House of Commons resolving during that period that the

statement should not be proceeded with, or

15

(b)   

the statement has been approved by resolution of the House of

Commons—

(i)   

after being laid before Parliament under section 9(8),

and

(ii)   

before the end of the consideration period.”

20

(3)   

In section 5 (national policy statements) after subsection (4) insert—

“(4A)   

In subsection (4) “the consideration period”, in relation to a statement,

means the period of 21 sitting days beginning with the first sitting day

after the day on which the statement is laid before Parliament under

section 9(8), and here “sitting day” means a day on which the House of

25

Commons sits.”

(4)   

In section 5(9) omit paragraph (b) (designated statement must be laid before

Parliament).

(5)   

In section 6(7) (national policy statement may be amended only if consultation,

publicity and parliamentary requirements have been complied with) after

30

“have been complied with in relation to the proposed amendment” insert

“and—

(a)   

the consideration period for the amendment has expired

without the House of Commons resolving during that period

that the amendment should not be proceeded with, or

35

(b)   

the amendment has been approved by resolution of the House

of Commons—

(i)   

after being laid before Parliament under section 9(8),

and

(ii)   

before the end of the consideration period.”

40

(6)   

In section 6 (review and amendment of national policy statements) after

subsection (7) insert—

“(7A)   

In subsection (7) “the consideration period”, in relation to an

amendment, means the period of 21 sitting days beginning with the

first sitting day after the day on which the amendment is laid before

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Part 5 — Planning
Chapter 6 — Nationally significant infrastructure projects

91

 

Parliament under section 9(8), and here “sitting day” means a day on

which the House of Commons sits.”

(7)   

In section 6(8) (subsections (6) and (7) do not apply if amendment does not

materially affect national policy) for “and (7)” substitute “to (7A)”.

(8)   

After section 6 insert—

5

“6A     

Interpretation of sections 5(4) and 6(7)

(1)   

This section applies for the purposes of section 5(4) and 6(7).

(2)   

The consultation and publicity requirements set out in section 7 are to

be treated as having been complied with in relation to a statement or

proposed amendment (“the final proposal”) if—

10

(a)   

they have been complied with in relation to a different

statement or proposed amendment (“the earlier proposal”),

(b)   

the final proposal is a modified version of the earlier proposal,

and

(c)   

the Secretary of State thinks that the modifications do not

15

materially affect the policy as set out in the earlier proposal.

(3)   

The consultation and publicity requirements set out in section 7 are also

to be treated as having been complied with in relation to a statement or

proposed amendment (“the final proposal”) if—

(a)   

they have been complied with—

20

(i)   

in relation to a different statement or proposed

amendment (“the earlier proposal”), and

(ii)   

in relation to modifications of the earlier proposal (“the

main modifications”),

(b)   

the final proposal is a modified version of the earlier proposal,

25

and

(c)   

there are no modifications other than the main modifications or,

where the modifications include modifications other than the

main modifications, the Secretary of State thinks that those

other modifications do not materially affect the policy as set out

30

in the earlier proposal modified by the main modifications.

(4)   

If section 9(8) has been complied with in relation to a statement or

proposed amendment (“the final proposal”), the parliamentary

requirements set out in section 9(2) to (7) are to be treated as having

been complied with in relation to the final proposal where—

35

(a)   

the final proposal is not the same as what was laid under section

9(2), but

(b)   

those requirements have been complied with in relation to what

was laid under section 9(2).

(5)   

Ignore any corrections of clerical or typographical errors in what was

40

laid under section 9(8).

6B      

Extension of consideration period under section 5(4A) or 6(7A)

(1)   

The Secretary of State may—

(a)   

in relation to a proposed national policy statement, extend the

period mentioned in section 5(4A), or

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Part 5 — Planning
Chapter 6 — Nationally significant infrastructure projects

92

 

(b)   

in relation to a proposed amendment of a national policy

statement, extend the period mentioned in section 6(7A),

   

by 21 sitting days or less.

(2)   

The Secretary of State does that by laying before the House of

Commons a statement—

5

(a)   

indicating that the period is to be extended, and

(b)   

setting out the length of the extension.

(3)   

The statement under subsection (2) must be laid before the period

would have expired without the extension.

(4)   

The Secretary of State must publish the statement under subsection (2)

10

in a way the Secretary of State thinks appropriate.

(5)   

The period may be extended more than once.”

(9)   

In section 8(1)(a) (local authorities within subsection (2) or (3) to be consulted

about publicity required for proposed statement identifying a location) for “or

(3)” substitute “, (3) or (3A)”.

15

(10)   

In section 8(3) (consultation with local authorities that share a boundary with

the local authority (“B”) whose area contains a location) before the “and” at the

end of paragraph (a) insert—

“(aa)   

B is a unitary council or a lower-tier district council,”.

(11)   

In section 8 (consultation on publicity requirements) after subsection (3)

20

insert—

“(3A)   

If any of the locations concerned is in the area of an upper-tier county

council (“C”), a local authority (“D”) is within this subsection if—

(a)   

D is not a lower-tier district council, and

(b)   

any part of the boundary of D’s area is also part of the boundary

25

of C’s area.”

(12)   

In section 8, after subsection (4) (meaning of “local authority”) insert—

“(5)   

In this section—

“lower-tier district council” means a district council in England for

an area for which there is a county council;

30

“unitary council” means a local authority that is not an upper-tier

county council, a lower-tier district council, a National Park

authority or the Broads Authority;

“upper-tier county council” means a county council in England for

each part of whose area there is a district council.”

35

(13)   

In section 9 (parliamentary requirements for national policy statements and

their amendments) after subsection (7) insert—

“(8)   

After the end of the relevant period, but not before the Secretary of State

complies with subsection (5) if it applies, the Secretary of State must lay

the proposal before Parliament.

40

(9)   

If after subsection (8) has been complied with—

(a)   

something other than what was laid under subsection (8)

becomes the proposal, or

 
 

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Part 5 — Planning
Chapter 6 — Nationally significant infrastructure projects

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(b)   

what was laid under subsection (8) remains the proposal, or

again becomes the proposal, despite the condition in section

5(4)(a) not having been met in relation to it,

   

subsection (8) must be complied with anew.

(10)   

For the purposes of subsection (9)(a) and (b) ignore any proposal to

5

correct clerical or typographical errors in what was laid under

subsection (8).”

(14)   

Section 12 (power to designate pre-commencement statements of policy and to

take account of pre-commencement consultation etc) is repealed.

110     

Power to alter effect of requirement for development consent on other consent

10

regimes

(1)   

The Planning Act 2008 is amended as follows.

(2)   

In section 33 (effect of requirement for development consent on other consent

regimes) after subsection (4) insert—

“(5)   

The Secretary of State may by order—

15

(a)   

amend subsection (1) or (2)—

(i)   

to add or remove a type of consent, or

(ii)   

to vary the cases in relation to which a type of consent is

within that subsection;

(b)   

make further provision, or amend or repeal provision, about—

20

(i)   

the types of consent that are, and are not, within

subsection (1) or (2), or

(ii)   

the cases in relation to which a type of consent is, or is

not, within either of those subsections.

(6)   

In subsection (5) “consent” means—

25

(a)   

a consent or authorisation that is required, under legislation, to

be obtained for development,

(b)   

a consent, or authorisation, that—

(i)   

may authorise development, and

(ii)   

is given under legislation, or

30

(c)   

a notice that is required by legislation to be given in relation to

development.

(7)   

Any reference in subsection (5) to subsection (1) or (2) is a reference to

that subsection so far as relating to development that—

(a)   

is not in Wales, and

35

(b)   

is not in waters adjacent to Wales up to the seaward limits of the

territorial sea.

(8)   

In subsection (6) “legislation” means an Act or an instrument made

under an Act.

(9)   

An order under subsection (5)(b) may amend this Act.”

40

(3)   

In section 232 (orders and regulations)—

(a)   

in subsection (5)(d) (orders not subject to annulment by either House of

Parliament) after “14(3),” insert “33(5),”, and

 
 

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Part 5 — Planning
Chapter 6 — Nationally significant infrastructure projects

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(b)   

in subsection (6) (orders that must be approved in draft by both Houses

of Parliament before being made) after “14(3),” insert “33(5),”.

(4)   

In paragraph 4 of Schedule 12 (application of section 33 to Scotland:

modifications)—

(a)   

in sub-paragraph (a) for paragraph (i) substitute—

5

“(i)   

for “none of the following is” there were

substituted “the following are not”, and”,

(b)   

omit the “and” at the end of sub-paragraph (a),

(c)   

in sub-paragraph (b) for “subsections (2) to (4)” substitute “paragraphs

(a) to (c) of subsection (2), and subsections (3) and (4),”, and

10

(d)   

after sub-paragraph (b) insert “, and

(c)   

in subsection (7) “Act” includes an Act of the Scottish

Parliament.”

111     

Secretary of State’s directions in relation to projects of national significance

(1)   

Section 35 of the Planning Act 2008 (directions in relation to projects of national

15

significance) is amended in accordance with subsections (2) to (9).

(2)   

In subsection (1) (circumstances in which the Secretary of State may give

directions)—

(a)   

omit paragraph (a) (requirement that an application for a consent or

authorisation mentioned in section 33(1) or (2) has been made), and

20

(b)   

in paragraph (b)—

(i)   

omit “the”, and

(ii)   

after “project” insert “, or proposed project,”.

(3)   

For subsection (4) (directions the Secretary of State may give) substitute—

“(4)   

The Secretary of State may direct the development to be treated as

25

development for which development consent is required.

(4A)   

If no relevant application has been made, the power under subsection

(4) is exercisable only in response to a qualifying request.

(4B)   

If the Secretary of State gives a direction under subsection (4), the

Secretary of State may—

30

(a)   

if a relevant application has been made, direct the application to

be treated as an application for an order granting development

consent;

(b)   

if a person proposes to make a relevant application, direct the

proposed application to be treated as a proposed application for

35

development consent.

(4C)   

A direction under subsection (4) or (4B) may be given so as to apply for

specified purposes or generally.”

(4)   

In subsection (5) (power to modify application of statutory provisions in

relation to an application etc)—

40

(a)   

for “subsection (4)” substitute “subsection (4B)”,

(b)   

in paragraph (a) after “application” insert “, or proposed application,”,

and

(c)   

in paragraph (b) after “application” insert “or proposed application”.

 
 

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Part 5 — Planning
Chapter 6 — Nationally significant infrastructure projects

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(5)   

In subsection (6) (authority to which an application for a consent or

authorisation mentioned in section 33(1) or (2) has been made to refer the

application to the Commission)—

(a)   

for “subsection (4)” substitute “subsection (4B)”, and

(b)   

after “application” insert “, or proposed application,”.

5

(6)   

In subsection (7) (power to direct authority considering application for consent

or authorisation mentioned in section 33(1) or (2) to take no further action)—

(a)   

for “subsection (4)” substitute “subsection (4B)”, and

(b)   

after “application” insert “, or proposed application,”.

(7)   

In subsection (8) (power to require authority considering application for

10

consent or authorisation mentioned in section 33(1) or (2) to provide

information) for “the relevant authority” substitute “an authority within

subsection (8A)”.

(8)   

After subsection (8) insert—

“(8A)   

An authority is within this subsection if a relevant application has been,

15

or may be, made to it.”

(9)   

After subsection (9) insert—

“(10)   

In this section—

“qualifying request” means a written request, for a direction under

subsection (4) or (4B), that—

20

(a)   

specifies the development to which it relates, and

(b)   

explains why the conditions in subsection (1)(b) and (c)

are met in relation to the development;

“relevant application” means an application, relating to the

development, for a consent or authorisation mentioned in

25

section 33(1) or (2);

“relevant authority”—

(a)   

in relation to a relevant application that has been made,

means the authority to which the application was made,

and

30

(b)   

in relation to a relevant application that a person

proposes to make, means the authority to which the

person proposes to make the application.”

(10)   

In the Planning Act 2008 after section 35 insert—

“35A    

Timetable for deciding request for direction under section 35

35

(1)   

This section applies if the Secretary of State receives a qualifying

request from a person (“R”).

(2)   

The Secretary of State must make a decision on the qualifying request

before the primary deadline, subject to subsection (3).

(3)   

Subsection (2) does not apply if, before the primary deadline, the

40

Secretary of State asks R to provide the Secretary of State with

information for the purpose of enabling the Secretary of State to

decide—

(a)   

whether to give the direction requested, and

(b)   

the terms in which it should be given.

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Chapter 6 — Nationally significant infrastructure projects

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(4)   

If R—

(a)   

is asked under subsection (3) to provide information, and

(b)   

provides the information sought within the period of 14 days

beginning with the day on which R is asked to do so,

   

the Secretary of State must make a decision on the qualifying request

5

before the end of the period of 28 days beginning with the day the

Secretary of State receives the information.

(5)   

In this section—

“the primary deadline” means the end of the period of 28 days

beginning with the day on which the Secretary of State receives

10

the qualifying request;

“qualifying request” has the meaning given by section 35(10).”

112     

Pre-application consultation with local authorities

(1)   

Section 43 of the Planning Act 2008 (local authorities for the purposes of the

consultation requirements in section 42) is amended as follows.

15

(2)   

In subsection (2) (provision requiring consultation with local authorities that

share a boundary with the local authority (“B”) in whose area the development

is to take place) before the “and” at the end of paragraph (a) insert—

“(aa)   

B is a unitary council or a lower-tier district council,”.

(3)   

After subsection (2) insert—

20

“(2A)   

If the land is in the area of an upper-tier county council (“C”), a local

authority (“D”) is within this section if—

(a)   

D is not a lower-tier district council, and

(b)   

any part of the boundary of D’s area is also part of the boundary

of C’s area.”

25

(4)   

For subsection (3) (definition of local authority) substitute—

“(3)   

In this section—

“local authority” means—

(a)   

a county council, or district council, in England;

(b)   

a London borough council;

30

(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;

35

(g)   

a National Park authority;

(h)   

the Broads Authority;

“lower-tier district council” means a district council in England for

an area for which there is a county council;

“unitary council” means a local authority that is not an upper-tier

40

county council, a lower-tier district council, a National Park

authority or the Broads Authority;

“upper-tier county council” means a county council in England for

each part of whose area there is a district council.”

 
 

 
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