Planning Act 2008 - legislation

1 Planning Act 2008 CHAPTER 29 CONTENTSPART 1 THE INFRASTRUCTURE Planning COMMISSION1 The Infrastructure Planning Commission2 Code of conduct3 Register of Commissioners interests4 FeesPART 2 NATIONAL POLICY STATEMENTS5 National policy statements6 Review7 Consultation and publicity8 Consultation on publicity requirements9 Parliamentary requirements10 Sustainable development11 Suspension pending review12 Pre-commencement statements of policy, consultation challenges relating to national policy statementsPART 3 NATIONALLY SIGNIFICANT INFRASTRUCTURE PROJECTSG eneral14 Nationally significant infrastructure projects: generalPlanning Act 2008 (c. 29)iiEnergy15 Generating stations16 Electric lines17 Underground gas storage facilities18 LNG facilities19 Gas reception facilities20 Gas transporter pipe-lines21 Other pipe-linesTransport22 Highways23 Airports24 Harbour facilities25 Railways26 Rail freight interchangesWater27 Dams and reservoirs28 Transfer of water resourcesWaste water29 Waste water treatment plantsWaste30 Hazardous waste facilitiesPART 4 REQUIREMENT FOR DEVELOPMENT CONSENT31 When development consent is required32 Meaning of development 33 Effect of requirement for development consent on other consent regimes34 Welsh offshore generating stations35 Directions in relation to projects of national significance36 Amendments consequential on development consent regimePART 5 APPLICATIONS FOR ORDERS GRANTING DEVELOPMENT CONSENTCHAPTER 1 APPLICATIONS37 Applications for orders granting development consent38 Model provisions39 Register

2 Of applications40 Applications by the Crown for orders granting development consentPlanning Act 2008 (c. 29)iiiCHAPTER 2 PRE-APPLICATION PROCEDURE41 Chapter applies before application is made42 Duty to consult43 Local authorities for purposes of section 42(b)44 Categories for purposes of section 42(d)45 Timetable for consultation under section 4246 Duty to notify Commission of proposed application47 Duty to consult local community48 Duty to publicise49 Duty to take account of responses to consultation and publicity50 Guidance about pre-application procedureCHAPTER 3 ASSISTANCE FOR APPLICANTS AND OTHERS51 Advice for potential applicants and others52 Obtaining information about interests in land53 Rights of entry54 Rights of entry: Crown landPART 6 DECIDING APPLICATIONS FOR ORDERS GRANTING DEVELOPMENT CONSENTCHAPTER 1 HANDLING OF APPLICATION BY COMMISSION55 Acceptance of applications56 Notifying persons of accepted application57 Categories for purposes of section 56(2)(d)58 Certifying compliance with section 5659 Notice of persons interested in land to which compulsory acquisition requestrelates60 Local impact reports61 Initial choice of Panel or single Commissioner62 Switching from single Commissioner to Panel63 Delegation of functions by person appointed to chair CommissionCHAPTER 2 THE PANEL PROCEDUREP anels64 Panel for each application to be handled under this Chapter65 Appointment of members, and lead member, of Panel66 Ceasing to be member, or lead member, of Panel67 Panel member continuing though ceasing to be Commissioner68 Additional appointments to PanelPlanning Act 2008 (c.)

3 29)iv69 Replacement of lead member of Panel70 Membership of Panel where application relates to land in Wales71 Supplementary provision where Panel replaces single Commissioner72 Panel ceasing to have any members73 Consequences of changes in PanelPanel s role in relation to application74 Panel to decide, or make recommendation in respect of, application75 Decision-making by the Panel76 Allocation within Panel of Panel s functions77 Exercise of Panel s powers for examining applicationCHAPTER 3 THE SINGLE-COMMISSIONER PROCEDUREThe single Commissioner78 Single Commissioner to handle application79 Appointment of single Commissioner80 Ceasing to be the single Commissioner81 Single Commissioner continuing though ceasing to be Commissioner82 Appointment of replacement single CommissionerSingle Commissioner s role in relation to application83 Single Commissioner to examine and report on applicationCommission s role in respect of application84 Report from single Commissioner to be referred to Council85 Decisions made by the Council on the applicationCHAPTER 4 EXAMINATION OF APPLICATIONS UNDER CHAPTER 2 OR 386 Chapter applies to examination by Panel or single Commissioner87 Examining authority to control examination of application88

4 Initial assessment of issues, and preliminary meeting89 Examining authority s decisions about how application is to be examined90 Written representations91 Hearings about specific issues92 compulsory acquisition hearings93 Open-floor hearings94 Hearings: general provisions95 Hearings: disruption, supervision and costs96 Representations not made orally may be made in writing97 Procedure rules98 Timetable for examining, and reporting on, application99 Completion of Examining authority s examination of application100 Assessors101 Legal advice and assistancePlanning Act 2008 (c. 29)v102 Interpretation of Chapter 4: interested party and other expressionsCHAPTER 5 DECISIONS ON APPLICATIONS103 Cases where Secretary of State is, and meaning of, decision-maker104 Decisions of Panel and Council105 Decisions of Secretary of State106 Matters that may be disregarded when deciding application107 Timetable for decisionsCHAPTER 6 SUSPENSION OF DECISION-MAKING PROCESS108 Suspension during review of national policy statementCHAPTER 7 INTERVENTION BY SECRETARY OF STATE109 Intervention: significant change in circumstances110 Intervention: defence and national security111 Intervention.

5 Other circumstances112 Power of Secretary of State to intervene113 Effect of interventionCHAPTER 8 GRANT OR REFUSAL114 Grant or refusal of development consent115 Development for which development consent may be granted116 Reasons for decision to grant or refuse development consent117 Orders granting development consent: formalitiesCHAPTER 9 LEGAL CHALLENGES118 Legal challenges relating to applications for orders granting developmentconsentCHAPTER 10 CORRECTION OF ERRORS119 Correction of errors in development consent decisionsPlanning Act 2008 (c. 29)viPART 7 ORDERS GRANTING DEVELOPMENT CONSENTCHAPTER 1 CONTENT OF ORDERSG eneral120 What may be included in order granting development consent121 Proposed exercise of powers in relation to legislationCompulsory acquisition122 Purpose for which compulsory acquisition may be authorised123 Land to which authorisation of compulsory acquisition can relate124 Guidance about authorisation of compulsory acquisition125 Application of compulsory acquisition provisions126 Compensation for compulsory acquisition127 Statutory undertakers land128 Local authority and statutory undertakers land: general129 Local authority and statutory undertakers land: acquisition by public body130 National Trust land131 Commons, open spaces etc: compulsory acquisition of land132 Commons, open spaces etc.

6 compulsory acquisition of rights over land133 Rights in connection with underground gas storage facilities134 Notice of authorisation of compulsory acquisitionMiscellaneous135 Orders: Crown land136 Public rights of way137 Public rights of way: statutory undertakers apparatus of rights, and removal of apparatus, of statutory land and rights of common140 Operation of generating stations141 Keeping electric lines installed above ground142 Use of underground gas storage facilities143 Diversion of watercourses144 Highways145 Harbours146 Discharge of water147 Development of Green Belt land148 Deemed consent under section 34 of the Coast Protection Act 1949149 Deemed licences under Part 2 of the Food and Environment Protection Act1985150 Removal of consent requirements151 Liability under existing regimes152 Compensation in case where no right to claim in nuisancePlanning Act 2008 (c. 29)viiCHAPTER 2 CHANGES TO, AND REVOCATION OF, ORDERS153 Changes to, and revocation of, orders granting development consentCHAPTER 3 GENERAL154 Duration of order granting development consent155 When development begins156 Benefit of order granting development consent157 Use of buildings in respect of which development consent granted158 Nuisance: statutory authority159 Interpretation: land and rights over landPART 8 ENFORCEMENTO ffences160 Development without development consent161 Breach of terms of order granting development consent162 Time limitsRights of entry163 Right to enter without warrant164 Right to enter under warrant165 Rights of entry: supplementary provisions166 Rights of entry.

7 Crown landInformation notices167 Power to require information168 Offences relating to information noticesNotices of unauthorised development169 Notice of unauthorised development170 Execution of works required by notice of unauthorised developmentInjunctions171 InjunctionsIsles of Scilly172 Isles of ScillyPlanning Act 2008 (c. 29)viiiThe relevant local Planning authority173 The relevant local Planning authorityPART 9 CHANGES TO EXISTING Planning REGIMESCHAPTER 1 CHANGES RELATED TO DEVELOPMENT CONSENT REGIMEP lanning obligations174 Planning obligationsBlighted land175 Blighted land: England and Wales176 Blighted land: ScotlandGrants177 Grants for advice and assistance: England and Wales178 Grants for advice and assistance: ScotlandCHAPTER 2 OTHER CHANGES TO EXISTING Planning REGIMESR egional functions179 Delegation of functions of regional Planning bodiesLocal development180 Local development documentsClimate change181 Regional spatial strategies: climate change policies182 Development plan documents.

8 Climate change policiesGood design183 Good designCorrection of errors184 Correction of errors in decisionsValidity of strategies, plans and documents185 Power of High Court to remit strategies, plans and documents186 Power of High Court to remit unitary development plans in WalesPlanning Act 2008 (c. 29)ixDetermination of applications187 Power to decline to determine applications: amendmentsPlanning permission188 Local development orders: removal of requirement to implement policies189 Compensation where development order or local development orderwithdrawn190 Power to make non-material changes to Planning permissionValidity of Planning decisions191 Validity of orders, decisions and directionsTrees192 Tree preservation orders193 Existing tree preservation orders: transitional provisionUse of land194 Use of land: power to override easements and other rightsStatutory undertakers195 Applications and appeals by statutory undertakersDetermination of procedure196 Determination of procedure for certain proceedingsAppeals197 Appeals.

9 Miscellaneous amendments198 Appeals relating to old mining permissionsFees199 Fees for Planning applications200 Fees for appealsMeaning of local authority 201 Meaning of local authority in Planning ActsPART 10 WALES202 Powers of National Assembly for Wales203 Power to make provision in relation to Wales204 Wales: transitional provision in relation to blighted landPlanning Act 2008 (c. 29)xPART 11 COMMUNITY INFRASTRUCTURE LEVY205 The levy206 The charge207 Joint committees208 Liability209 Liability: interpretation of key terms210 Charities211 Amount212 Charging schedule: examination213 Charging schedule: approval214 Charging schedule: effect215 Appeals216 Application217 Collection218 Enforcement219 Compensation220 Community Infrastructure Levy: procedure221 Secretary of State222 Regulations and orders: general223 Relationship with other powers224 Community Infrastructure Levy: amendments225 Community Infrastructure Levy: repealsPART 12 FINAL PROVISIONSThe Crown and Parliament226 The Crown227 Crown land and the appropriate Crown authority 228 Enforcement in relation to the Crown and ParliamentService of notices and other documents229 Service of notices.

10 General230 Service of documents to persons interested in or occupying premises231 Service of notices on the Crown and ParliamentGeneral232 Orders and regulations233 Directions234 Abbreviated references to Acts235 Interpretation236 Application of Act to Scotland: modifications237 Supplementary and consequential provision238 Repeals239 Financial provisions240 Extent241 CommencementPlanning Act 2008 (c. 29)xi242 Short titleSchedule 1 The Infrastructure Planning CommissionSchedule 2 Amendments consequential on development consent regimeSchedule 3 Examination of applications by Secretary of StateSchedule 4 Correction of errors in development consent decisionsSchedule 5 Provision relating to, or to matters ancillary to, developmentPart 1 The mattersPart 2 InterpretationSchedule 6 Changes to, and revocation of, orders granting developmentconsentSchedule 7 Power to decline to determine applications: amendmentsSchedule 8 Tree preservation orders: further amendmentsSchedule 9 Use of land: power to override easements and other rightsSchedule 10 Further provisions as to the procedure for certain proceedingsSchedule 11 Appeals: miscellaneous amendmentsSchedule 12 Application of Act to Scotland: modificationsSchedule 13 RepealsELIZABETH IIc.