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Planning Bill


 

Planning Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Communities and

Local Government, are published separately as HL Bill 69—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Baroness Andrews has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Planning Bill are compatible with the Convention

rights.

 

HL Bill 69                                                                                              

54/3

 

 


 

Planning Bill

 

 
 

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

 

HL Bill 69                                                                                              

54/3

 
 

Planning Bill

ii

 

20   

Pipe-lines

Transport

21   

Highways

22   

Airports

23   

Harbour facilities

24   

Railways

25   

Rail freight interchanges

Water

26   

Dams and reservoirs

27   

Transfer of water resources

Waste water

28   

Waste water treatment plants

Waste

29   

Hazardous waste facilities

Part 4

Requirement for development consent

30   

When development consent is required

31   

Meaning of “development”

32   

Effect of requirement for development consent on other consent regimes

33   

Welsh offshore generating stations

34   

Directions in relation to projects of national significance

35   

Amendments consequential on development consent regime

Part 5

Applications for orders granting development consent

Chapter 1

Applications

36   

Applications for orders granting development consent

37   

Model provisions

38   

Register of applications

39   

Applications by the Crown for orders granting development consent

Chapter 2

Pre-application procedure

40   

Chapter applies before application is made

41   

Duty to consult

42   

Local authorities for purposes of section 41(1)(b)

 
 

Planning Bill

iii

 

43   

Categories for purposes of section 41(1)(d)

44   

Timetable for consultation under section 41

45   

Duty to notify Commission of proposed application

46   

Duty to consult local community

47   

Duty to publicise

48   

Duty to take account of responses to consultation and publicity

Chapter 3

Assistance for applicants and others

49   

Advice for potential applicants and others

50   

Obtaining information about interests in land

51   

Rights of entry

52   

Rights of entry: the Crown

Part 6

Deciding applications for orders granting development consent

Chapter 1

Handling of application by Commission

53   

Acceptance of applications

54   

Notifying persons of accepted application

55   

Categories for purposes of section 54(2)(d)

56   

Certifying compliance with section 54

57   

Notice of persons interested in land to which compulsory acquisition request

relates

58   

Local impact reports

59   

Initial choice of Panel or single Commissioner

60   

Switching from single Commissioner to Panel

61   

Delegation of functions by person appointed to chair Commission

Chapter 2

The Panel procedure

Panels

62   

Panel for each application to be handled under this Chapter

63   

Appointment of members, and lead member, of Panel

64   

Ceasing to be member, or lead member, of Panel

65   

Panel member continuing though ceasing to be Commissioner

66   

Additional appointments to Panel

67   

Replacement of lead member of Panel

68   

Membership of Panel where application relates to land in Wales

69   

Supplementary provision where Panel replaces single Commissioner

70   

Panel ceasing to have any members

71   

Consequences of changes in Panel

 
 

Planning Bill

iv

 

Panel’s role in relation to application

72   

Panel to decide, or make recommendation in respect of, application

73   

Decision-making by the Panel

74   

Allocation within Panel of Panel’s functions

75   

Exercise of Panel’s powers for examining application

Chapter 3

The single-Commissioner procedure

The single Commissioner

76   

Single Commissioner to handle application

77   

Appointment of single Commissioner

78   

Ceasing to be the single Commissioner

79   

Single Commissioner continuing though ceasing to be Commissioner

80   

Appointment of replacement single Commissioner

Single Commissioner’s role in relation to application

81   

Single Commissioner to examine and report on application

Commission’s role in respect of application

82   

Report from single Commissioner to be referred to Council

83   

Decisions made by the Council on the application

Chapter 4

Examination of applications under Chapter 2 or 3

84   

Chapter applies to examination by Panel or single Commissioner

85   

Examining authority to control examination of application

86   

Initial assessment of issues, and preliminary meeting

87   

Examining authority’s decisions about how application is to be examined

88   

Written representations

89   

Hearings about specific issues

90   

Compulsory acquisition hearings

91   

Open-floor hearings

92   

Hearings: general provisions

93   

Hearings: disruption, supervision and costs

94   

Representations not made orally may be made in writing

95   

Procedure rules

96   

Timetable for examining, and reporting on, application

97   

Completion of Examining authority’s examination of application

98   

Assessors

99   

Interpretation of Chapter 4: “interested party” and other expressions

Chapter 5

Decisions on applications

100   

Cases where Secretary of State is, and meaning of, decision-maker

101   

Decisions of Panel and Council

 
 

Planning Bill

v

 

102   

Decisions of Secretary of State

103   

Matters that may be disregarded when deciding application

104   

Timetable for decisions

Chapter 6

Suspension of decision-making process

105   

Suspension during review of national policy statement

Chapter 7

Intervention by Secretary of State

106   

Intervention: significant change in circumstances

107   

Intervention: defence and national security

108   

Power of Secretary of State to intervene

109   

Effect of intervention

Chapter 8

Grant or refusal

110   

Grant or refusal of development consent

111   

Development for which development consent may be granted

112   

Reasons for decision to grant or refuse development consent

113   

Orders granting development consent: formalities

Chapter 9

Legal challenges

114   

Legal challenges relating to applications for orders granting development

consent

Chapter 10

Correction of errors

115   

Correction of errors in development consent decisions

Part 7

Development consent orders

Chapter 1

Content of development consent orders

General

116   

What may be included in order granting development consent

117   

Exercise of powers in relation to legislation

 
 

 
contents continue
 
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Revised 27 June 2008