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Other Bills before Parliament

Planning Bill


Planning Bill
Part 1 — The Infrastructure Planning Commission

1

 

A

Bill

To

Establish the Infrastructure Planning Commission and make provision about

its functions; to make provision about, and about matters ancillary to, the

authorisation of projects for the development of nationally significant

infrastructure; to make provision about town and country planning; to make

provision about the imposition of a Community Infrastructure Levy; and for

connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

The Infrastructure Planning Commission

1       

The Infrastructure Planning Commission

(1)   

There is to be a body corporate called the Infrastructure Planning Commission

(in this Act referred to as “the Commission”).

5

(2)   

The Commission’s functions are those conferred on it by or under this or any

other Act.

(3)   

Schedule 1 is about the Commission.

2       

Code of conduct

(1)   

The Commission must issue a code about the conduct expected of

10

Commissioners in connection with the performance of the Commission’s

functions.

(2)   

The code must include—

(a)   

provision requiring each Commissioner to disclose financial and other

interests in accordance with the procedure established under section 3,

15

and

(b)   

such other provision as the Secretary of State may direct.

 

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Planning Bill
Part 2 — National policy statements

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(3)   

The Commission must arrange for the code to be published.

(4)   

The Commission—

(a)   

must keep the code under review, and

(b)   

may from time to time revise it or replace it.

(5)   

References in this Act to the code of conduct issued under this section include

5

the code as revised or replaced under this section.

(6)   

A failure to observe any provision of the code does not of itself make a

Commissioner liable to any criminal or civil proceedings.

3       

Register of Commissioners’ interests

(1)   

The Commission must establish a procedure for the disclosure and registration

10

of financial and other interests of Commissioners.

(2)   

The Commission must arrange for the register entries to be published.

4       

Fees

(1)   

The Secretary of State may make regulations providing for the charging of fees

by the Commission in connection with the performance of any of its functions.

15

(2)   

Regulations under subsection (1) may in particular make provision—

(a)   

about when a fee (including a supplementary fee) may, and may not,

be charged;

(b)   

about the amount which may be charged;

(c)   

about what may, and may not, be taken into account in calculating the

20

amount charged;

(d)   

about who is liable to pay a fee charged;

(e)   

about when a fee charged is payable;

(f)   

about the recovery of fees charged;

(g)   

about waiver, reduction or repayment of fees;

25

(h)   

about the effect of paying or failing to pay fees charged;

(i)   

for the supply of information for any purpose of the regulations.

(3)   

The regulations may provide for the amounts of fees to be calculated by

reference to costs incurred by the Commission—

(a)   

in the performance of any of its functions, and

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(b)   

in doing anything which is calculated to facilitate, or is conducive or

incidental to, the performance of any of its functions.

Part 2

National policy statements

5       

National policy statements

35

(1)   

The Secretary of State may designate a statement as a national policy statement

for the purposes of this Act if the statement—

(a)   

is issued by the Secretary of State, and

(b)   

sets out national policy in relation to one or more specified descriptions

of development.

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Planning Bill
Part 2 — National policy statements

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(2)   

In this Act “national policy statement” means a statement designated under

subsection (1) as a national policy statement for the purposes of this Act.

(3)   

Before designating a statement as a national policy statement for the purposes

of this Act the Secretary of State must carry out an appraisal of the

sustainability of the policy set out in the statement.

5

(4)   

A statement may be designated as a national policy statement for the purposes

of this Act only if the consultation and publicity requirements set out in section

7, and the parliamentary requirements set out in section 9, have been complied

with in relation to it.

(5)   

The policy set out in a national policy statement may in particular—

10

(a)   

set out, in relation to a specified description of development, the

amount, type or size of development of that description which is

appropriate nationally or for a specified area;

(b)   

set out criteria to be applied in deciding whether a location is suitable

(or potentially suitable) for a specified description of development;

15

(c)   

set out the relative weight to be given to specified criteria;

(d)   

identify one or more locations as suitable (or potentially suitable) or

unsuitable for a specified description of development;

(e)   

identify one or more statutory undertakers as appropriate persons to

carry out a specified description of development;

20

(f)   

set out circumstances in which it is appropriate for a specified type of

action to be taken to mitigate the impact of a specified description of

development.

(6)   

A national policy statement must give reasons for the policy set out in the

statement.

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(7)   

The Secretary of State must—

(a)   

arrange for the publication of a national policy statement, and

(b)   

lay a national policy statement before Parliament.

(8)   

In this section “statutory undertakers” means persons who are, or are deemed

to be, statutory undertakers for the purposes of any provision of Part 11 of

30

TCPA 1990.

6       

Review

(1)   

The Secretary of State must review each national policy statement whenever

the Secretary of State thinks it appropriate to do so.

(2)   

After completing a review of a national policy statement the Secretary of State

35

must do one of the following—

(a)   

amend the statement;

(b)   

withdraw the statement’s designation as a national policy statement;

(c)   

leave the statement as it is.

(3)   

Before amending a national policy statement the Secretary of State must carry

40

out an appraisal of the sustainability of the policy set out in the proposed

amendment.

(4)   

The Secretary of State may amend a national policy statement only if the

consultation and publicity requirements set out in section 7, and the

 
 

Planning Bill
Part 2 — National policy statements

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parliamentary requirements set out in section 9, have been complied with in

relation to the proposed amendment.

(5)   

Subsections (3) and (4) do not apply if the Secretary of State thinks that the

proposed amendment (taken with any other proposed amendments) does not

materially affect the policy as set out in the national policy statement.

5

(6)   

If the Secretary of State amends a national policy statement, the Secretary of

State must—

(a)   

arrange for the amendment, or the statement as amended, to be

published, and

(b)   

lay the amendment, or the statement as amended, before Parliament.

10

7       

Consultation and publicity

(1)   

This section sets out the consultation and publicity requirements referred to in

sections 5(4) and 6(4).

(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

15

proposal.

   

This is subject to subsections (4) and (5).

(3)   

In this section “the proposal” means—

(a)   

the statement that the Secretary of State proposes to designate as a

national policy statement for the purposes of this Act, or

20

(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

25

Secretary of State must ensure that appropriate steps are taken to publicise the

proposal.

(6)   

The Secretary of State must have regard to the responses to the consultation

and publicity in deciding whether to proceed with the proposal.

8       

Consultation on publicity requirements

30

(1)   

In deciding what steps are appropriate for the purposes of section 7(5), the

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

Greater London.

35

(2)   

A local authority is within this subsection if any of the locations concerned is

in the authority’s area.

(3)   

A local authority (“A”) is within this subsection if—

(a)   

any of the locations concerned is in the area of another local authority

(“B”), and

40

(b)   

any part of the boundary of A’s area is also a part of the boundary of

B’s area.

(4)   

In this section “local authority” means—

 
 

Planning Bill
Part 2 — National policy statements

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(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,

(e)   

a county council, or county borough council, in Wales, or

5

(f)   

a council constituted under section 2 of the Local Government etc.

(Scotland) Act 1994 (c. 39).

9       

Parliamentary requirements

(1)   

This section sets out the parliamentary requirements referred to in sections 5(4)

and 6(4).

10

(2)   

The Secretary of State must lay the proposal before Parliament.

(3)   

In this section “the proposal” means—

(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.

15

(4)   

Subsection (5) applies if, during the relevant period—

(a)   

either House of Parliament makes a resolution with regard to the

proposal, or

(b)   

a committee of the House of Commons makes recommendations with

regard to the proposal.

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(5)   

The Secretary of State must lay before Parliament a statement setting out the

Secretary of State’s response to the resolution or recommendations.

(6)   

The relevant period is the period specified by the Secretary of State in relation

to the proposal.

(7)   

The Secretary of State must specify the relevant period in relation to the

25

proposal on or before the day on which the proposal is laid before Parliament

under subsection (2).

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

30

objective of contributing to the achievement of sustainable development.

11      

Suspension pending review

(1)   

This section applies if the Secretary of State thinks 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

35

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.

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Part 2 — National policy statements

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(2)   

The Secretary of State may suspend the operation of all or any part of the

national policy statement until a review of the statement has been completed.

(3)   

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

suspended is treated as having been withdrawn until the day on which the

5

Secretary of State complies with section 6(2) in relation to the review.

12      

Pre-commencement statements of policy, consultation etc.

(1)   

The Secretary of State may designate a statement as a national policy statement

for the purposes of this Act even if—

(a)   

the statement has been issued by the Secretary of State before the

10

commencement day, or

(b)   

the statement sets out national policy by reference to one or more

statements issued by the Secretary of State before the commencement

day.

(2)   

If an appraisal of the sustainability of the policy set out in a statement is carried

15

out before the commencement day, the Secretary of State may treat the

appraisal as meeting the requirements of section 5(3).

(3)   

The Secretary of State may take account of consultation carried out, and

publicity arranged, before the commencement day for the purpose of

complying with the requirements of section 7.

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(4)   

The Secretary of State may take account of things done before the

commencement day for the purpose of complying with the requirements of

section 9.

(5)   

“The commencement day” means the day on which section 5 comes fully into

force.

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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

30

(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

35

of State not to review 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 of the decision not to review the statement.

(3)   

A court may entertain proceedings for questioning a decision of the Secretary

40

of State to review a national policy statement only if—

(a)   

the proceedings are brought by a claim for judicial review, and

 
 

Planning Bill
Part 3 — Nationally significant infrastructure projects

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(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(2) 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 reviewing a national policy

5

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 Secretary of State complies with section 6(2) in

relation to the review concerned.

10

(5)   

A court may entertain proceedings for questioning anything done by the

Secretary of State under section 6(2) after completing a review 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

15

day on which the thing concerned is done.

(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

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(b)   

the claim form is filed during the period of 6 weeks beginning with the

day of the decision.

Part 3

Nationally significant infrastructure projects

General

25

14      

Nationally significant infrastructure projects: general

(1)   

In this Act “nationally significant infrastructure project” means a project which

consists of any of the following—

(a)   

the construction or extension of a generating station;

(b)   

the installation of an electric line above ground;

30

(c)   

development relating to underground gas storage facilities;

(d)   

the construction or alteration of an LNG facility;

(e)   

the construction or alteration of a gas reception facility;

(f)   

the construction of a pipe-line;

(g)   

highway-related development;

35

(h)   

airport-related development;

(i)   

the construction or alteration of harbour facilities;

(j)   

the construction or alteration of a railway;

(k)   

the construction or alteration of a rail freight interchange;

(l)   

the construction or alteration of a dam or reservoir;

40

(m)   

development relating to the transfer of water resources;

(n)   

the construction or alteration of a waste water treatment plant;

(o)   

the construction or alteration of a hazardous waste facility.

 
 

 
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