Section 6 of the Planning Act 2008 (review) is amended as set out in
subsections
(2)
to
(5)
.
A
bill
to
Make provision about infrastructure; to make provision about town and country planning; to make provision for a scheme, administered by Natural England, for a nature restoration levy payable by developers; to make provision about development corporations; to make provision about the compulsory purchase of land; to make provision about environmental outcomes reports; and for connected purposes.
B e it enacted by the King’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:—
“(1)
The Secretary of State—
(a)
must review each national policy statement whenever the
Secretary of State thinks it appropriate to do so, and(b)
in any event, must carry out a full review of each national
policy statement at times that enable the Secretary of State to comply with subsection (5A) .”
In subsection (2), at the end insert “, and in this section a “full review” means
a single review relating to all of a national policy statement”.
“(4A)
Whenever the Secretary of State decides to review a national policy
statement, the Secretary of State must lay a statement before Parliament announcing the review.”
“(5A)
But, unless and until a statement’s designation as a national policy
statement is withdrawn—(a)
the Secretary of State must amend each national policy
statement within the initial period (see section 6ZA ), and(b)
the Secretary of State must subsequently amend each national
policy statement at intervals of no more than five years.(5B)
An amendment of a national policy statement counts for the purposes
of subsection (5A) only if the amendment arises from a full review of the statement.(5C)
An amendment of a national policy statement that is required by
subsection (5A) to be made by a certain time may be delayed beyond that time only if and for so long as exceptional circumstances exist which, in the opinion of the Secretary of State, make the delay unavoidable.(5D)
In that case the Secretary of State must, before the deadline for
amending the national policy statement, lay a statement before Parliament explaining the reasons for the extension and stating when the Secretary of State expects to amend the national policy statement.”
“6ZA Review: supplementary
(1)
(2)
In the case of a national policy statement that is designated on or after
the relevant date, the initial period is the period of five years beginning with the date of designation.(3)
In the case of a national policy statement that—
(a)
was designated before the relevant date, and
(b)
was amended before the relevant date,
the initial period is the period of five years beginning with the date of the amendment or, if an amendment was made on more than one occasion before the relevant date, the date of the latest such amendment.
(4)
In the case of a national policy statement that—
(a)
was designated within the period of five years ending with
the relevant date, and(b)
was not amended before the relevant date,
the initial period is the period of five years beginning with the date of designation.
(5)
In the case of a national policy statement that—
(a)
was designated before the beginning of the period of five years
ending with the relevant date, and(b)
was not amended before the relevant date,
the initial period is the period of two years beginning with the relevant date.
(6)
Section 6(5) applies in relation to a full review of a national policy
statement within subsection (5) of this section carried out within the initial period as if the option in section 6(5)(c) (leave the statement as it is) was not available to the Secretary of State following that review.(7)
In this section—
“
full review” has the meaning given by section 6(2);“
the relevant date” means the date on which section 6 (5A) comes
into force.”
Part 2 of the Planning Act 2008 (national policy statements) is amended as
set out in subsections
(2)
and [subsection removed].
In section 6 (review)—
in subsection (7)(b)(i), omit “under section 9(8)”;
in subsection (7A), omit “under section 9(8)”;
“(10)
In subsections (7)(b)(i) and (7A), references to an amendment
being laid before Parliament are references to—(a)
in the case of an amendment that is, or is included in,
a proposal to which subsections (4) to (8) of section 9 do not apply (see section 9 [subsection removed]), the amendment being laid under section 9(2);(b)
in any other case, the amendment being laid under
section 9(8).”
The amendments made by this section apply in relation to amendments
proposed to be made to a national policy statement that arise from a review
of the statement completed or begun before (as well as after) the date on
which this section comes into force.
Part 3 of the Planning Act 2008 (nationally significant infrastructure projects)
is amended as set out in
subsections (2)
to
(4)
.
In section 27 (dams and reservoirs)—
in subsection (1)(b), after “by” insert “, or by a person appointed by,”;
in subsection (2)(b), after “by” insert “, or by a person appointed by,”;
“(4)
In this section, references to “a person appointed by” a water
undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.”
In section 28 (transfer of water resources)—
in subsection (1)(a), after “by” insert “, or by a person appointed by,”;
“(3)
In this section, the reference to “a person appointed by” a water
undertaker includes a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.”
In section 28A (desalination plants)—
in subsection (1)(b), after “by” insert “, or by a person appointed by,”;
in subsection (2)(b), after “by” insert , or by a person appointed by,”;
“(4)
In this section, references to “a person appointed by” a water
undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.”
The amendments made by this section do not apply in relation to a project
where, before the day on which this section comes into force—
consent for the project was required, or otherwise provided for, by or
under an enactment other than section 31 of the Planning Act 2008
(requirement for development consent in relation to development that
is or forms part of a nationally significant infrastructure project), and
any steps provided for by or under the enactment in question, to
obtain that consent, had been taken.
In
subsection (5)
, “consent” means any consent, approval, permission,
authorisation, confirmation, direction or decision (however described, given
or made).
Part 4 of the Planning Act 2008 (Requirement for development consent) is
amended as set out in subsection
(8)
.
In section 33 (Effect of requirement for development consent on other consent Paragraphs (f), (g), (i) and (j) of subsection (1) do not apply in relation
regimes), after subsection (1), insert—
“(1A)
to projects falling within section 14(1)(m) (dams and reservoirs).”
After section 35(4) (directions in relation to projects of national significance)
of the Planning Act 2008 insert— Where a development falls within the definition in section 27 and
“(4A)
requires the demolition of more than 20 residential properties the
Secretary of State may not give a direction under subsection (1) unless
the persons who live at, or otherwise occupy, premises in the vicinity
of the land have been notified and given the opportunity to make
representations to the Secretary of State.”
In section 31 (when development consent is required)—
the existing text becomes subsection (1);
“(2)
But see section 35B (power for the Secretary of State to give a
direction disapplying the requirement for development consent).”
“(10A)
The Secretary of State must publish a direction under section 35(1) or
subsection (3) of this section.”
“35B Directions disapplying requirement for development consent
(1)
(2)
The Secretary of State may give a direction only if—
(a)
the Secretary of State considers that it is appropriate for an
alternative consenting regime to apply in relation to the development, rather than this Act,(b)
no application for an order granting development consent for
the development has been made, and(c)
the development will (when completed) be wholly in one or
more of the areas specified in subsection (3) .(3)
The areas are—
(a)
England or waters adjacent to England up to the seaward limits
of the territorial sea;(b)
in the case of development that is or forms part of a project
for the carrying out of works in the field of energy, a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.(4)
The Secretary of State may give a direction only if—
(a)
the conditions in subsection (5) are satisfied,
(b)
the conditions in subsection (6) are satisfied,
(c)
the Secretary of State is the person who proposes to carry out
the development, or(d)
the Secretary of State considers that the appropriate alternative
consenting regime for the development is that under section 59 of TCPA 1990 (development orders).(5)
(a)
the Secretary of State receives a written request for a direction
from a qualifying person,(b)
the request specifies the development to which it relates,
(c)
the request identifies the appropriate alternative consenting
regime for the development,(d)
the request explains why the person making the request
considers that it is appropriate for that alternative consenting regime to apply in relation to the development, and(e)
the request includes evidence showing that the alternative
consenting authority is aware of the intention to request a direction specifying the development.(6)
(a)
the Secretary of State receives a written request for a direction
from a person who has power to make a local development order, a Mayoral development order or a simplified planning zone scheme,(b)
the request specifies the development to which it relates, and
(c)
the request indicates that the person making the request
considers that the appropriate alternative consenting regime for the development is that under section 61A (local development orders), 61DA (Mayoral development orders) or 82 (simplified planning zone schemes) of TCPA 1990 (as the case may be), giving reasons for that view.(7)
The condition in subsection (2) (b) is to be regarded as met in relation
to development if an application for an order granting development consent for the development is made during the period beginning with the day on which this Act is passed and ending with the day on which this section comes into force.(8)
For the purposes of this section—
(a)
an “alternative consenting regime” for development means a
regime set out in legislation other than this Act under which, if development consent were not required for the development, a specified person would have power to authorise the development, and(b)
the person referred to in paragraph (a) is the “alternative
consenting authority” in relation to that regime.(9)
In this section—
“
direction” means a direction under subsection (1) ;“
legislation” means an Act or an instrument made under an Act;“
local development order” has the meaning given in section 61A
of TCPA 1990;“
Mayoral development order” has the meaning given in section
61DA of TCPA 1990;“
qualifying person” means—(a)
a person who proposes to carry out any of the
development to which the request relates;(b)
a person who, if a direction were given specifying the
development, proposes to apply to an alternative consenting authority in relation to the development;“
simplified planning zone scheme” has the same meaning as in
TCPA 1990 (see section 82 of that Act).35C Directions under section 35B : supplementary
(1)
(2)
Subsection (3) applies if—
(a)
(b)
a person proposed (before or after that section came into force)
to make an application for an order granting development consent for the development to which the request relates.(3)
The direction may include provision—
(a)
for the proposed application to be treated as a proposed
application to a specified alternative consenting authority;(b)
for specified provisions of legislation governing an alternative
consenting regime—(i)
to have effect in relation to the proposed application
with any specified modifications;(ii)
to be treated as having been complied with in relation
to the proposed application.(4)
(5)
(6)
The Secretary of State must publish a direction.
(7)
In this section, the following expressions have the same meaning as
in section 35B —“
alternative consenting authority”,“
alternative consenting regime”, and“
legislation”.35D Timetable for deciding request for direction under section 35B
(1)
The Secretary of State may by regulations—
(a)
(b)
make provision for and in connection with the provision of
information to the Secretary of State for the purposes of such decisions.(2)
In the Electricity Act 1989, in section 36 (consent required for construction
etc of generating stations)—
“(1AA)
“(12)
In subsection (1AA) “England” does not include waters in
England (nor waters adjacent to England).”
In the Marine and Coastal Access Act 2009, in section 12 (certain consents
under section 36 of the Electricity Act 1989)—
in subsection (2), in the words after paragraph (c), for “subsections (3)
and (4)” substitute “subsection (3)”;
omit subsection (4).
Omit the following sections of the Planning Act 2008—
section 42 (duty to consult);
section 43 (local authorities for purposes of section 42(1)(b));
section 44 (categories for purposes of section 42(1)(d));
section 45 (timetable for consultation under section 42);
section 47 (duty to consult local community);
section 49 (duty to take account of responses to consultation and
publicity).
In section 37 (applications for orders granting development consent)—
in subsection (3)—
insert “and” at the end of paragraph (b);
omit paragraph (c) (together with the final “and”);
omit subsections (7) and (8).
In section 39 (register of applications), in subsection (4)—
insert “and” at the end of paragraph (a);
omit paragraph (b) (together with the final “and”).
In section 41 (Chapter applies before application is made), in subsection (1),
at the end insert “(and “applicants” is to be construed accordingly)”.
In section 46 (duty to notify Secretary of State of proposed application)—
“(1)
The applicant must supply to the Secretary of State—
(a)
the information specified in subsection (1C) , and
(b)
such further information as may be prescribed.
(1A)
The applicant must supply to each host local authority—
(a)
the information specified in subsection (1C) , and
(b)
such further information as may be prescribed.
(1B)
In any case where the proposed development would affect, or
would be likely to affect, any of the areas specified in subsection (5), the applicant must supply to the Marine Management Organisation—(a)
the information specified in subsection (1C) , and
(b)
such further information as may be prescribed.
(1C)
(a)
the applicant’s name and address,
(b)
a statement that the applicant intends to apply for an
order granting development consent,(c)
a statement about why development consent is required
for the proposed development, specifying the relevant provision of Part 3 (or referring to a direction that has been given under section 35), and(d)
a summary of the proposed application, specifying the
location or route of the proposed development.”;
omit subsection (2);
“(3)
A local authority is a “host local authority” if the land is in the
authority’s area.(4)
In this section “local authority” means—
(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;
(f)
a council constituted under section 2 of the Local
Government etc (Scotland) Act 1994;(g)
a National Park authority;
(h)
the Broads Authority.
(5)
The areas referred to in subsection (1B) are—
(a)
waters in or adjacent to England up to the seaward
limits of the territorial sea;(b)
an exclusive economic zone, except any part of an
exclusive economic zone in relation to which the Scottish Ministers have functions;(c)
a Renewable Energy Zone, except any part of a
Renewable Energy Zone in relation to which the Scottish Ministers have functions;(d)
an area designated under section 1(7) of the Continental
Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.”;
in the heading, after “Secretary of State” insert “and others”.
In section 48 (duty to publicise), omit subsection (2).
“50 Guidance about pre-application steps
(1)
Applicants must have regard to any guidance issued by the Secretary
of State to assist them in complying with section 48.(2)
The Secretary of State must issue guidance to assist applicants, setting
out what the Secretary of State considers to be best practice in terms of the steps they might take in relation to a proposed application in readiness for submitting an actual application.”
In section 52 (obtaining information about interests in land), in subsection
(1), for “provisions of, or made under, Chapter 2 of this Part or” substitute
“regulations made under section 37 or with provisions of, or made under,”.
In Schedule 12 (application of Act to Scotland: modifications), omit paragraph
5.
In the Infrastructure Planning (Environmental Impact Assessment) Regulations
2017 (S.I. 2017/572)—
in regulation 3(1), in the definition of “the consultation bodies”—
in paragraph (a), omit “prescribed under section 42(1)(a) (duty
to consult) and”;
in paragraph (a), for “column 2” substitute “column 3”;
at the end of paragraph (a) insert “(reading references to
applications as references to proposed applications, where the
context requires)”;
in paragraph (b), for “section 43 (local authorities for purposes
of section 42(1)(b))” substitute “section 56A (local authorities
for purposes of sections 56(2)(b) and 60(2)(a))”;
in regulation 8(1), for “carrying out consultation under section 42 (duty
to consult)” substitute “publicising the proposed application under
section 48,”;
omit regulation 12 (consultation statement requirements).
Omit—
section 23(2), (3) and (4) of the Marine and Coastal Access Act 2009;
the following provisions of the Localism Act 2011—
section 133;
section 134;
section 135(8);
paragraphs 8(2) and 9 of Schedule 13.
In subsection (3)—
“(ca)
that the applicant has complied with section 46 (duty
to notify Secretary of State and others of proposed application), and”;
omit paragraph (e).
“(4)
The Secretary of State, when deciding whether the Secretary of State
may reach the conclusion in subsection (3)(f), must take into account—(a)
the extent to which the application complies with section 37(3)
(form and contents of application),(b)
the extent to which any applicable guidance under section 37(4)
has been followed in relation to the application,(c)
the extent to which the application complies with any standards
set under section 37(5) (standards for documents etc accompanying application),(d)
the applicant’s approach to satisfying section 48 (duty to
publicise), and(e)
the extent to which the applicant has had regard to any advice
given under section 51 in connection with the application (or the proposed application that has become the application).(4A)
In considering the matter in subsection (4)(d), the Secretary of State
must take into account the extent to which the applicant has had regard to any guidance under section 50(1).”
Omit subsection (5).
Omit subsection (5A).
“(6)
The Secretary of State must notify the applicant of the decision under
subsection (2).(7)
If the Secretary of State decides under subsection (2) not to accept the
application, the Secretary of State must—(a)
prepare a statement of the Secretary of State’s reasons for that
decision,(b)
provide a copy of the statement to the applicant, and
(c)
publish the statement in such form and manner as the Secretary
of State thinks appropriate.”
In section 118 (legal challenges relating to applications for orders granting
development consent), in subsection (3)(b), for “notifies the applicant as
required by subsection (7)” substitute “provides the copy of the statement of
reasons for the decision to the applicant as required by subsection (7)(b)”.
In consequence of the amendment in subsection
(6)
, omit section 137(4) of
the Localism Act 2011.
The Planning Act 2008 is amended as follows.
“(6)
In preparing a local impact report, an authority must have regard to
any relevant guidance issued by the Secretary of State.(7)
But that duty does not apply to an authority for an area that is in
Scotland.”
“96A Representations from public authorities
(1)
In making any representations about the application (oral or written),
a relevant public authority must have regard to any guidance issued by the Secretary of State to assist such authorities in making representations for the purposes of the examination of an application.(2)
“Relevant public authority” means a public authority within any of
paragraphs (a) to (c) of section 56(2), except—(a)
the Scottish Ministers,
(b)
a Northern Ireland department, or
(c)
any other public authority whose functions are exercisable only
in or as regards Scotland or Northern Ireland.”
In section 89 of the Planning Act 2008 (Examining authority’s decisions about
how application is to be examined), in subsection (1), after “light of” insert
“the assessment under section 88(1) and”.
“(5A)
Power under this section to make rules includes power to make
transitional provision.”
The amendment made by
subsection (1)
applies in relation to every application
in respect of which the assessment under section 88(1) of the Planning Act
2008 is made on or after the date on which
subsection (1)
comes into force
(whenever the application was made or accepted).
The Planning Act 2008 is amended as follows.
In section 95 (hearings: disruption etc)—
omit subsections (4) and (5);
in the heading, omit “, supervision and costs”.
“96B Costs
(1)
The Examining authority may make orders about—
(a)
the costs of any person who—
(i)
is an interested party in relation to the application, or
(ii)
makes a written representation to the Examining
authority about the application;(b)
the person or persons who must pay the costs.
(2)
Every such order may be made a rule of the High Court on the
application of any person named in the order.”
In subsection (1), for “Any person duly authorised in writing by the Secretary
of State” substitute “An authorised person”.
“(1B)
In subsection (1) “authorised person” means a person who is authorised
in writing to exercise the power in that subsection on behalf of—(a)
a person who has made an application for an order granting
development consent that has been accepted by the Secretary of State,(b)
a person who proposes to make an application for an order
granting development consent, or(c)
a person who has been granted the benefit of an order granting
development consent of a kind specified in subsection (1)(c).”
Omit subsection (2).
In subsection (4)—
in the words before paragraph (a), for “authorised under subsection
(1) to enter any land” substitute “acting in the exercise of a power of
entry onto any land conferred under subsection (1)”;
insert “and” at the end of paragraph (a);
in paragraph (b)—
for “any land which is occupied” substitute “the land”;
for “the occupier” substitute “every owner or occupier of the
land”;
omit “and” at the end of paragraph (b);
omit paragraph (c).
“(4A)
Notice given in accordance with subsection (4)(b) must include
prescribed information.(4B)
A justice of the peace may issue a warrant authorising a person to use
force in the exercise of the power conferred under subsection (1) if satisfied—(a)
that another person has prevented or is likely to prevent the
exercise of that power, and(b)
that it is reasonable to use force in the exercise of that power.
(4C)
The force that may be authorised by a warrant is limited to that which
is reasonably necessary.(4D)
A warrant authorising the person to use force must specify the number
of occasions on which the person can rely on the warrant when entering land.(4E)
The number specified must be the number which the justice of the
peace considers appropriate to achieve the purpose for which the entry is required.(4F)
Any evidence in proceedings for a warrant must be given on oath.”
“(8A)
Section 4 of the Land Compensation Act 1961 (costs) applies to the
determination of a question referred under subsection (8) as it applies to the determination of a question under section 1 of that Act, but as if references to the acquiring authority were references to the person from whom compensation is claimed.”
In paragraph 7 of Schedule 12 to the Planning Act 2008 (application of Act
to Scotland: modifications of section 53)—
omit “and” at the end of paragraph (b);
“(ba)
in subsection (8A) —
(i)
the reference to section 4 of the Land
Compensation Act 1961 were a reference to sections 9 and 11 of the Land Compensation (Scotland) Act 1963, and(ii)
the reference to section 1 of the Land
Compensation Act 1961 were a reference to section 8 of the Land Compensation (Scotland) Act 1963, and”.
In the Localism Act 2011—
omit section 136(4);
in paragraph 12 of Schedule 13—
in sub-paragraph (2), omit “and (2)”;
omit sub-paragraph (3).
Omit paragraph 2 (non-material changes to orders granting development
consent) and the italic heading before it.
In paragraph 3 (changes to, and revocation of, orders)—
in sub-paragraph (3)(b), omit “or paragraph 2 of this Schedule”;
in sub-paragraph (5A), after “should” insert “, when considered in
conjunction with any other changes already made,”.
In paragraph 4 (changes to, and revocation of, orders: supplementary), after If a development consent order is changed in exercise of the power If a development consent order is changed or revoked in the exercise the date on which the order making the change or revocation if the order specifies a date on which the change or Except in a case within sub-paragraph (7), the Secretary of State
sub-paragraph (6) insert—
“(6A)
conferred by paragraph 3(1), the development consent order
continues in force.
(6B)
of the power conferred by paragraph 3(1), the change or revocation
takes effect on—
(a)
is made, or
(b)
revocation takes effect, the specified date.
(6C)
must publish an order making a change to, or revoking, a
development consent order in such manner as the Secretary of State
thinks appropriate.”
In section 118 of the Planning Act 2008 (legal challenges)—
omit subsection (5);
in subsection (6)(b), for “notice of the change or revocation” to the end
substitute “the order making the change or revocation is published.”
In consequence of the amendment in subsection (2), omit—
paragraph 4(6)(a) of Schedule 8 to the Marine and Coastal Access Act
2009,
paragraph 72(4) to (7) of Schedule 13 to the Localism Act 2011,
section 28(2) of the Infrastructure Act 2015,
paragraph 8(3)(b)(i) of Schedule 7 to the Wales Act 2017, and
section 128 of the Levelling-up and Regeneration Act 2023.
In the Senior Courts Act 1981, in subsection (1) of section 18 (restrictions on from a refusal of permission to apply for judicial review in a
appeals to Court of Appeal), after paragraph (c) insert—
“(ca)
case within section 13 or 118 of the Planning Act 2008
(proceedings relating to national policy statements or
development consent), if the High Court decides that the
application for permission to apply for judicial review is totally
without merit;”.
The power to make Civil Procedure Rules must be exercised so as to secure
that Civil Procedure Rules include—
provision requiring an application for permission to apply for judicial
review in a case within section 13 or 118 of the Planning Act 2008
(proceedings relating to national policy statements or development
consent) to be decided at an oral hearing;
provision that the court may, at the oral hearing of such an application,
decide that the application is totally without merit.
A relevant authority may modify—
the conditions of a particular electricity licence;
the terms of a particular electricity licence;
the standard conditions of electricity licences of a particular type;
a document maintained in accordance with the conditions of an
electricity licence;
an agreement entered into in pursuance of a document maintained as
mentioned in
paragraph (d)
;
a qualifying distribution agreement.
A relevant authority may exercise the power under
subsection (1)
only for
the purpose of improving the process for managing connections to the
transmission system or the distribution system (and such an improvement
may include changing the order in which connections are made).
The Secretary of State may direct the GEMA to exercise the power under subsection (1) .
The Secretary of State may exercise the power under
subsection (3)
only for
the purpose mentioned in
subsection (2)
.
The power conferred by
subsection (1)
may not be exercised after the end of
the period of three years beginning with the day on which
this section
comes
into force.
Section 3A
of the
Electricity Act 1989
(principal objective and general duties)
applies in relation to the functions of the Secretary of State and the GEMA
under
this section
and sections
16
to
18
as it applies in relation to functions
of the Secretary of State or the GEMA under
Part 1
of
that Act
.
A relevant authority may under
subsection (1)
modify an agreement mentioned
in
subsection (1)
(e)
or a qualifying distribution agreement even if the effect
of the modification might amount to a repudiation of the agreement.
In this section and sections 16 to 18 —
“
distribution system” has the same meaning as in
Part 1
of the
Electricity
Act 1989
(see the definition of “distribute” in section 4(4) of that Act);
“
electricity distributor” has the same meaning as in Part 1 of that Act
(see section 6(9) of that Act);
“
electricity licence” means a licence for the purposes of section 4 of that
Act;
“
the GEMA” means the Gas and Electricity Markets Authority;
“
qualifying distribution agreement” means—
the terms subject to which a connection is made by an electricity
distributor in pursuance of section 16(1) of the Electricity Act
1989, or
a special connection agreement as defined by section 22(1) of
that Act;
“
relevant authority” means the Secretary of State or the GEMA;
“
transmission system” has the same meaning as in
Part 1
of the
Electricity
Act 1989
(see section 4(4) of that Act).
The power conferred by
section 15
(1)
to “modify” includes power to amend,
add to or remove (and, in particular, includes power to make a person a party
to an agreement or to discharge a party from its obligations under an
agreement); and references in
section 15
,
this section
and
section 17
to
modification are to be construed accordingly.
The power conferred by section 15 (1) —
may be exercised generally, only in relation to specified cases, or
subject to exceptions (including by making provision for a case to be
excepted only so long as specified conditions are satisfied);
may be exercised differently for different purposes or areas;
includes power to make incidental, supplementary, consequential or
transitional modifications.
Provision included in an electricity licence by virtue of section 15 (1) (a) or (c) —
may include provision of a kind mentioned in section 7 of the Electricity Act 1989 ;
need not relate to the activities authorised by the licence.
The modification under
section 15
(1)
of part of a standard condition of an
electricity licence does not prevent any other part of the condition from
continuing to be regarded as a standard condition for the purposes of
Part 1
of the
Electricity Act 1989
.
If under
section 15
(1)
a relevant authority modifies the standard conditions
of an electricity licence of a particular type, the GEMA must make the same
modifications of those standard conditions for the purposes of their
incorporation in electricity licences of that type granted after that time.
Provision included in an electricity licence by virtue of
section 15
(1)
(b)
may
in particular include provision about the circumstances in which the licence
may be revoked or suspended.
Provision included in an agreement by virtue of
section 15
(1)
(e)
or
(f)
may
in particular include provision—
requiring specified conditions to be met before the taking of particular
steps under the agreement;
about the procedure for varying the agreement.
In
section 33
of the
Utilities Act 2000
(standard conditions of electricity
licences), in
subsection (1)
—
omit the “or” at the end of paragraph (k) , and
(m)
under section 15 of the Planning and Infrastructure Act
2025.”
Before making a modification under
section 15
, a relevant authority must
consult—
the holder of any electricity licence proposed to be modified,
the Independent System Operator and Planner,
the GEMA or the Secretary of State (depending on which relevant
authority is proposing to make the modification), and
such other persons as the relevant authority considers appropriate.
Subsection
(1)
may be satisfied by consultation carried out before the passing
of this Act (as well as by consultation carried out after that time).
A relevant authority must publish details of any modifications made by it
under
section 15
as soon as reasonably practicable after they are made.
A relevant authority may exclude from publication under
subsection (3)
any
information the publication of which would be likely to prejudice the
commercial interests of any person.
In
this section
, “the Independent System Operator and Planner” means the
person for the time being designated under
section 162
(1)
of the
Energy Act
2023
.
A relevant authority may—
direct the Independent System Operator and Planner (“the ISOP”) to
modify an agreement entered into by the ISOP pursuant to a document
maintained in accordance with the conditions of an electricity licence;
direct an electricity distributor to modify a qualifying distribution
agreement entered into by the electricity distributor.
A relevant authority may exercise the power conferred by
subsection (1)
only
for the purpose of improving the process for managing connections to the
transmission system or the distribution system (and such an improvement
may include changing the order in which connections are made).
A direction under subsection
(1)
must describe the kinds of modification to
be made by the person to whom it is given.
A direction under
subsection (1)
may also require the person to whom it is
given to modify an agreement by including in it provision—
requiring specified conditions to be met before the taking of particular
steps under the agreement;
about the procedure for varying the agreement.
A direction under
subsection (1)
may be expressed as having effect generally,
in relation to cases within a description specified in the direction, or in relation
to a particular case.
Before giving a direction under subsection
(1)
, the relevant authority must
consult—
the person to whom it proposes to give the direction, and
such other persons as the relevant authority considers appropriate.
Subsection
(6)
may be satisfied by consultation carried out before the passing
of this Act (as well as by consultation carried out after that time).
A relevant authority must publish details of any direction it gives under
subsection
(1)
as soon as reasonably practicable after the direction is given.
A relevant authority may exclude from publication under subsection
(8)
any
information the publication of which would be likely to prejudice the
commercial interests of any person.
A person to whom a direction is given under
subsection (1)
must comply
with it, even if the effect of a modification made to an agreement as a result
of the direction might amount to a repudiation of the agreement.
The power to give a direction under subsection
(1)
may not be exercised after
the end of the period of three years beginning with the day on which this
section comes into force.
A direction under
subsection (1)
may be varied or revoked by a subsequent
direction given by a relevant authority.
In this section —
“
the Independent System Operator and Planner” means the person for
the time being designated under
section 162
(1)
of the
Energy Act 2023
;
“
modify” includes amend, add to and remove (and, in particular, includes
making a person a party to an agreement and discharging a party
from its obligations under an agreement).
In Schedule 6A to the Electricity Act 1989 (provisions imposing obligations
enforceable as relevant requirements)—
in paragraph 4A (electricity system operator), after sub-paragraph (c) section
18
(10)
of the Planning and Infrastructure Act
insert—
“(d)
2025 (duty to comply with direction under
section 18
of that Act).”;
in paragraph 5 (distribution licence holders), after sub-paragraph (g) section
18
(10)
of the Planning and Infrastructure Act
insert—
“(h)
2025 (duty to comply with direction under
section 18
of that Act).”
In
Part 5
of the
Energy Act 2023
(Independent System Operator and Planner), The ISOP must, when carrying out any of its functions relating to the The Secretary of State may by regulations designate plans or documents In
subsection (1)
, the reference to “the designated strategic plans” is
after
section 165
insert—
“165A
Functions relating to network connections: duty to have regard to
designated plans
(1)
management of connections to the transmission system, have regard
to the designated strategic plans.
(2)
for the purposes of this section.
(3)
a reference to those plans or documents designated by regulations
under
subsection (2)
as they have effect at the time when the
regulations are made.”
Part 1 of the Electricity Act 1989 (electricity supply) is amended as set out in subsections (3) to (5) .
In section 16 (duty to connect on request)—
“(2A)
In deciding how to comply with the duties under this section,
and in particular in deciding how to prioritise persons requiring a connection, an electricity distributor must have regard to the designated strategic plans.”;
In section 17 (exceptions from duty to connect), in subsection (1) —
omit the “or” at the end of paragraph (b) ;
“(ba)
it would not be in accordance with the designated
strategic plans (within the meaning of section 16) for the distributor to do so; or”.
In
Schedule 6A
(provisions imposing obligations enforceable as relevant
requirements), in
paragraph 4A
(electricity system operator), in
paragraph
(c)
, for “165” substitute “
165A
”.
Schedule 8 to the Electricity Act 1989 (consents of the Secretary of State and
the Scottish Ministers under sections 36 and 37) is amended as follows.
“Applications made to the Scottish Ministers for consent
1A
(1)
The Secretary of State or the Scottish Ministers may by regulations
make provision about the following matters in relation to applications to the Scottish Ministers for consent under section 36 or 37.(2)
The matters are—
(a)
the steps a person must take before making an application;
(b)
the information that must be included in an application;
(c)
an acceptance stage, during which the Scottish Ministers
must assess an applicant’s compliance with any requirements imposed by the regulations in order to decide whether or not to accept the application;(d)
fees to be paid to the Scottish Ministers—
(i)
on application, or
(ii)
for anything done by them in relation to a proposed
application;(e)
requests by the Scottish Ministers for additional information
to aid their decision whether or not to accept an application or to grant consent.(3)
(a)
notifying prescribed persons of the proposed application,
(b)
publicising the proposed application, and
(c)
carrying out a consultation about the proposed application.”
In paragraph 2 (objections by relevant planning authority)—
in sub-paragraph (1), for “Secretary of State for his” substitute
“appropriate authority for a”;
in sub-paragraph (2), at the beginning insert “In the case of an
application made to the Secretary of State,”;
“(2A)
In the case of an application made to the Scottish Ministers,
where the relevant planning authority notify the Scottish Ministers that they object to the application and their objection is not withdrawn, the Scottish Ministers—(a)
must appoint a person (referred to in this Schedule
as the “reporter”) to examine the application, and(b)
before determining whether to give their consent,
must consider the objection and the reporter’s final report.See paragraph 2A for the process that must be followed by the reporter.”;
in sub-paragraph (4)—
after “(2)” insert “or (2A)”;
for “Secretary of State” substitute “appropriate authority”;
in sub-paragraph (5), for “Secretary of State” substitute “appropriate
authority”.
“Procedure following objection by relevant planning authority: Scotland
2A
(1)
A reporter appointed under paragraph 2(2A)(a) must make proposals
as regards the appropriate procedure for examining the application.(2)
The appropriate procedure may consist of one or more of the
following—(a)
considering—
(i)
the objection by the relevant planning authority,
(ii)
any other objections made in accordance with
regulations under paragraph 3(1)(c), and(iii)
any other representations made in accordance with
an enactment;(b)
considering new written representations about the application
from persons specified by the reporter;(c)
holding one or more hearing sessions;
(d)
carrying out an inspection of the land to which the
application relates;(e)
holding a public inquiry.
(3)
(4)
The reporter must—
(a)
publish the proposals,
(b)
notify all interested parties of the proposals, and
(c)
invite written representations about the proposals before the
end of the time period specified by the reporter.(5)
The published proposals must include or be accompanied by an
explanation of the reasons for the proposals.(6)
The reporter may hold a meeting to hear representations about the
proposals.(7)
After considering the representations, the reporter must—
(a)
decide on the appropriate procedure for examining the
application, and(b)
publish that decision.
(8)
The published decision must include or be accompanied by an
explanation of—(a)
the reasons for the decision,
(b)
the intended time period for the carrying out of the
procedure, and(c)
the intended time period within which the reporter will send
a final report to the Scottish Ministers.(9)
Sub-paragraph (3) applies to the reporter’s decision as it applies to
the reporter’s proposals.(10)
On completing the examination, the reporter must prepare and send
to the Scottish Ministers a final report setting out the reporter’s recommendations on the application.(11)
In this paragraph, “interested party” means—
(a)
the applicant,
(b)
the relevant planning authority which made the objection
under paragraph 2(2A),(c)
any person who has made an objection in accordance with
regulations under paragraph 3, or(d)
any person who has made representations in accordance
with any other enactment.(12)
(13)
A statutory instrument containing regulations under this paragraph
is not to be made by the Secretary of State unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.(14)
Regulations made by the Scottish Ministers under this paragraph
are subject to the affirmative procedure.”
“Applications to the Scottish Ministers: time limits
7B
(1)
The Secretary of State or the Scottish Ministers may by regulations
specify a time limit for actions that may or must be taken in relation to an application to the Scottish Ministers for consent under section 36 or 37.(2)
The regulations may, for example, specify a time limit for—
(a)
a person to comply with a requirement of regulations under
paragraph 1A;(c)
a person who is notified of an application in accordance with
an enactment to provide their opinion or advice on the application;(d)
a relevant planning authority to object to an application
under paragraph 2(2A);(e)
a reporter to take any steps required by paragraph 2A;
(f)
the Scottish Ministers to decide an application.
(3)
The regulations may include provision about the consequences of
failure to comply with a time limit.(4)
The amendments made by subsection
(3)
do not affect the continued
application in relation to the Scottish Ministers of regulations made under
paragraph 2(3) of Schedule 8 to the Electricity Act 1989 before this section
comes into force.
After section 37 of the Electricity Act 1989 insert— The person for the time being entitled to the benefit of a section 37 The Secretary of State or the Scottish Ministers may by regulations the making and withdrawal of applications; fees; publicity and consultation requirements; rights to make representations; public inquiries; consideration of applications. The regulations may provide for any statutory provision applicable On an application for a section 37 consent to be varied, the Scottish the applicant’s reason for seeking the variation; the variations proposed; any objections made to the proposed variations, the views of In this section—
“
“ The Scottish Ministers may vary a consent under section 36 or 37 if— they consider that the consent ought to be varied— because of a change in circumstances relating to the because of technological changes, and the person for the time being entitled to the benefit of the The Secretary of State or the Scottish Ministers may by regulations the procedure for getting agreement; publicity, notification and consultation requirements; rights to make representations. The regulations may provide for any statutory provision applicable In this section, “statutory provision” has the same meaning as in section
37A
. The Scottish Ministers may amend a decision document in order to In
subsection (1)
—
“ is in a part of the decision document which records the is not part of the statement of reasons for the decision;
“ a document recording a consent under section 36 or 37, a document recording a variation of such a consent. The Scottish Ministers may exercise the power in
subsection (1)
either The Secretary of State or the Scottish Ministers may by regulations the making of written requests; notification requirements; rights to make representations.”
“37A
Application for variation of section 37 consent: Scotland
(1)
consent that was granted by the Scottish Ministers may make an
application to the Scottish Ministers for the consent to be varied.
(2)
make provision about variation under this section, including in
particular provision about—
(a)
(b)
(c)
(d)
(e)
(f)
(3)
to the grant by the Scottish Ministers of a section 37 consent to apply
with specified modifications to the variation of a section 37 consent
under this section.
(4)
Ministers may make such variations to the consent as appear to them
to be appropriate, having regard (in particular) to—
(a)
(b)
(c)
consultees and the outcome of any public inquiry.
(5)
section 37 consent” means a consent granted under section 37
(consent required for overhead lines);
statutory provision” means a provision of or made under an
Act, whenever passed or made; and for this purpose “Act”
includes an Act of the Scottish Parliament.
37B
Variation of section 36 and 37 consents on change of circumstances:
Scotland
(1)
(a)
(i)
environment, or
(ii)
(b)
consent agrees to the variation.
(2)
make provision about variation under this section, including in
particular provision about—
(a)
(b)
(c)
(3)
to the grant by the Scottish Ministers of a consent under section 36 or
37 to apply with specified modifications to the variation of such a
consent under this section.
(4)
37C
Correction of errors in consent documents: Scotland
(1)
correct a correctable error.
(2)
correctable error” means an error or omission which—
(a)
decision, and
(b)
decision document” means—
(a)
or
(b)
(3)
of their own accord or following a written request from a person for
the time being entitled to the benefit of the consent.
(4)
make provision about the process for corrections, including in
particular provision about—
(a)
(b)
(c)
“(3)
This section applies to a decision under any of the following—
(a)
section 36 (application for consent for generating station);
(b)
section 36C (application for variation of section 36 consent);
(c)
section 37 (application for consent for overhead lines);
(d)
section 37A (application for variation of section 37 consent);
(e)
section 37B (variation of consents by Scottish Ministers);
(f)
section 37C (consents and variation of consents in Scotland:
correction of errors).”
In subsection (4), for “taken” substitute “published by the Scottish Ministers”.
In the heading, for “under section 36” substitute “of the Scottish Ministers”.
In Schedule 8 to the Electricity Act 1989, in paragraph 5B (proceedings for
questioning certain decisions under paragraph 3(2)), in sub-paragraph (4), for
“taken” substitute “published by the Scottish Ministers”.
In section 237 of the Town and Country Planning (Scotland) Act 1997 any decision to give a direction under section 57(2) or (2ZA);”.
(challenges to validity of development plans and certain orders, decisions
and directions), in subsection (3), after paragraph (b) insert—
“(ba)
The amendments made by this section apply only in relation to decisions
made on or after the date on which this section comes into force.
In Schedule 4 to the Electricity Act 1989 (other powers etc of licence holders),
after paragraph 6 insert— The Scottish Ministers may by regulations make provision about
“Fees for applications under paragraph 6(3) to the Scottish Ministers
6A
the fees to be paid to the Scottish Ministers in relation to an
application made to them under paragraph 6(3).”
Section 106
of the
Electricity Act 1989
(regulations and orders) is amended
as follows.
In subsection (1ZA) —
for “the power conferred on” substitute “a power of”;
for “by section 36C” substitute “to make regulations (see section 27 of
the Interpretation and Legislative Reform (Scotland) Act 2010 (Scottish
statutory instruments))”.
“(2ZA)
Subsection (2) does not apply to a statutory instrument containing
(whether alone or with other provision)—(a)
regulations under paragraph 2A of Schedule 8;”.
“(4)
Before making regulations under a provision listed in subsection (6) , the Secretary of State must consult the Scottish Ministers.
(5)
Before making regulations under a provision listed in subsection (6) , the Scottish Ministers must consult the Secretary of State.
(6)
The provisions are—
(a)
section 37A ;
(b)
section 37B ;
(c)
section 37C ;
Schedule 1 makes—
amendments to the
Electricity Act 1989
that are consequential on the
amendments made by sections
20
to
24
, and
other minor amendments relating to consents for electricity
infrastructure in Scotland (including amendments to reflect previous
transfers of functions to the Scottish Ministers).
The Secretary of State or the Scottish Ministers may by regulations amend
the Electricity Works (Environmental Impact Assessment) (Scotland)
Regulations 2017 (S.S.I. 2017/101) (the “2017 Regulations”) by making provision
described in subsection
(2)
in connection with environmental impact
assessments and applications made to the Scottish Ministers for—
consent granted under section 36 or 37 of the Electricity Act 1989
(consent for construction etc of generating stations or for overhead
lines), or
variation of consent granted under section 36 of that Act.
That provision is—
provision for the Scottish Ministers to refuse an application in respect
of Schedule 2 development that is not accompanied by an EIA report
if the development has not been the subject of a screening opinion;
provision for the Scottish Ministers to charge developers fees for
screening opinions and scoping opinions;
provision about the sending of copies of EIA reports to the Scottish
Ministers;
provision about the publication by developers of the information listed
in regulation 14(2) of the 2017 Regulations (information about EIA
reports);
provision about making EIA reports available for inspection;
provision about time limits for the consultation bodies and other public
bodies to make representations to the Scottish Ministers about scoping
opinions and EIA reports;
provision about time limits for the consultation bodies and other public
bodies to enter into consultation with developers about, and to make
available, information relevant to the preparation of EIA reports;
provision about time limits for developers to provide additional
information to the Scottish Ministers;
provision about the publication by developers of the information listed
in regulation 20(3) of the 2017 Regulations (information about
additional information);
provision about making additional information available for inspection;
provision about the publication by developers of the information listed
in regulation 23(2) of the 2017 Regulations (information about
decisions);
provision that the Secretary of State or the Scottish Ministers consider
appropriate for securing that the procedures under the 2017 Regulations
operate effectively, or more effectively, alongside the procedures under
regulations made under section 36C of the Electricity Act 1989 or
paragraph
1A
or
7B
of Schedule 8 to that Act (inserted by section
20
of this Act).
The Secretary of State or the Scottish Ministers may by regulations amend
the 2017 Regulations by making provision described in subsection
(4)
in
connection with environmental impact assessments and applications made to
the Scottish Ministers for variation of consent granted under section 37 of the
Electricity Act 1989.
That provision is—
provision requiring an environmental impact assessment in respect of
the proposed variation to be carried out before Scottish Ministers—
vary the consent, or
direct that planning permission is deemed to be granted under
section 57(2) or (2ZA) of the Town and Country Planning
(Scotland) Act 1997 in respect of EIA development;
provision requiring the Scottish Ministers to take the environmental
information into account when carrying out an environmental impact
assessment in respect of the proposed variation;
provision applying provisions of the 2017 Regulations (including
provisions amended by regulations under subsection
(1)
), with or
without modifications;
provision that the Secretary of State or the Scottish Ministers consider
appropriate for securing that the procedures under the 2017 Regulations
operate effectively, or more effectively, alongside the procedures under
regulations made under section
37A
of the Electricity Act 1989 (inserted
by section
21
of this Act).
Regulations under this section may—
make different provision for different purposes or different areas;
make consequential or supplementary provision;
make transitional provision.
Regulations under this section made by the Secretary of State are to be made
by statutory instrument.
A statutory instrument containing regulations made by the Secretary of State
under this section is subject to annulment in pursuance of a resolution of
either House of Parliament.
Before making regulations under this section, the Secretary of State must
consult the Scottish Ministers.
For regulations under this section made by the Scottish Ministers, see section
27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)
(Scottish statutory instruments).
Regulations made by the Scottish Ministers under this section are subject to
the negative procedure (see section 28 of the Interpretation and Legislative
Reform (Scotland) Act 2010 (asp 10)).
Before making regulations under this section, the Scottish Ministers must
consult the Secretary of State.
In this section, subject to subsection
(13)
, the following terms have the same
meaning as they have in the 2017 Regulations—
“additional information”
“the consultation bodies”
“developer”
“EIA development”
“EIA report”
“environmental impact assessment”
“environmental information”
“Schedule 2 development”
“scoping opinion”
“screening opinion”.
In subsections
(3)
and
(4)
, those terms have the same meaning in connection
with applications for variation of consent granted under section 37 of the
Electricity Act 1989 as they have, in the 2017 Regulations, in connection with
applications for variation of consent granted under section 36 of that Act.
In the Electricity Act 1989, after
section 10O
insert— The Authority must, as soon as reasonably practicable after this section The scheme must be designed for the purpose of encouraging the The scheme must be open to persons who— hold or intend to apply for a generation licence to operate a meet any other specified criteria. The scheme must provide for an LDES operator who operates an to receive payments from a holder of an electricity system to make payments to a holder of an electricity system operator In subsection
(4)
—
“
“ revenue of a specified kind earned or derived in costs of a specified kind incurred in connection with The Authority may determine how costs and revenue are to be In setting charges to which Article 18(1) of the Electricity Regulation In this section—
“
“ generates electricity from stored energy, has an electricity generating capacity of not less than is capable of generating electricity at its full capacity
“ a document published by the Authority, or a condition of a licence;
“ The Secretary of State may by regulations amend the definition of for the amount of electricity generating capacity for the time for the period for the time being mentioned in
paragraph (c)
of the definition, a different period (which may not be less
than eight hours).”
“Long duration electricity storage
10P
Long duration electricity storage
(1)
comes into force, establish and operate a scheme in accordance with
this section.
(2)
development and use of long duration electricity storage installations.
(3)
(a)
long duration electricity storage installation, and
(b)
(4)
approved installation—
(a)
operator licence where the operator’s assessed revenue from
that installation is below a specified amount, in specified
circumstances, and
(b)
licence where the operator’s assessed revenue from that
installation is above a specified amount, in specified
circumstances.
(5)
an approved installation” means a long duration electricity
storage installation which is approved by the Authority for the
purposes of subsection
(4)
in accordance with the scheme;
assessed revenue”, in relation to a long duration electricity
storage installation, means the difference between—
(a)
connection with that installation, and
(b)
operating the installation.
(6)
calculated for the purposes of the scheme.
(7)
applies, the holder of an electricity system operator licence may take
account of payments it makes or receives under the scheme.
(8)
LDES operator” means a person who, under a generation licence,
generates electricity by means of a long duration electricity
storage installation;
long duration electricity storage installation” means an
installation that—
(a)
(b)
50 megawatts, and
(c)
for a continuous period of not less than eight hours;
specified” means specified by the Authority for the purposes of
the scheme in—
(a)
(b)
stored energy” has the meaning given by section 4(3ZB).
(9)
“long duration electricity storage installation” by substituting—
(a)
being mentioned in
paragraph (b)
of the definition, a different
amount;
(b)
The Electricity Act 1989 is amended as follows.
“Benefits resulting from proximity to new or upgraded transmission infrastructure
38A Power to establish scheme for giving of benefits
(1)
The Secretary of State may by regulations establish a scheme under
which persons with a specified connection to qualifying premises are entitled to financial benefits provided (directly or indirectly) by electricity suppliers.(2)
Qualifying premises must be identified by reference to their proximity
to qualifying works.(3)
Qualifying works must involve the construction, erection, expansion
or improvement of electrical plant or an electric line that (in either case)—(a)
is wholly or partly above the ground, and
(b)
forms or is intended to form part of a transmission system.
They may be works that took place before the making of the regulations or the coming into force of this section.
(4)
The regulations may (among other things)—
(a)
make further provision determining, or for the determination
of, whether premises or works are qualifying;(b)
confer functions in connection with the scheme;
(c)
provide for the delegation of functions conferred in connection
with the scheme;(d)
provide for payments by electricity suppliers to meet costs
incurred in the carrying out of functions in connection with the scheme;(e)
provide for the costs of electricity suppliers under the scheme
to be distributed among suppliers on such basis, and by such means, as the regulations provide;(f)
restrict a person’s ability to obtain payment of an amount
standing to the credit of the person’s account with an electricity supplier, where that amount derives from benefits under the scheme;(g)
make provision about cases in which a person who has received
benefits under the scheme in respect of premises ceases to be entitled under the scheme in respect of the premises, including provision for the withdrawal or recovery of the benefits;(h)
make pass-through provision and associated provision (see
section 38B );(i)
make enforcement provision (see section 38C );
(j)
make information provision (see section 38D ).
(5)
To the extent that this section enables provision to be made affecting
the holders of licences, provision for that purpose may be made by modifying, or empowering or requiring the Authority to modify—(a)
the conditions of a licence, or
(b)
a document maintained in accordance with the conditions of
a licence, or an agreement that gives effect to a document so maintained.(6)
A statutory instrument containing regulations under this section may
not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(7)
A draft laid under subsection (6) is not to be treated as a hybrid
instrument for the purposes of the standing orders of either House of Parliament.(8)
Regulations under this section bind the Crown unless they provide
otherwise.(9)
The Secretary of State may, out of money provided by Parliament,
make payments to a person on whom functions are conferred by regulations under this section for the purposes of meeting (or helping to meet) the expenses of carrying out those functions.38B Passing of benefits to ultimate consumer
(1)
(2)
“Pass-through provision” is provision that—
(a)
applies where—
(i)
one person (“the intermediary”) receives benefits under
the scheme in connection with qualifying premises, and(ii)
another person (“the end-user”) who is not living as
part of the same household as the intermediary consumes electricity supplied to the premises, and(b)
requires the intermediary to pass on the substance of those
benefits to the end-user.(3)
“Associated provision” means provision that relates to pass-through
provision and—(a)
(b)
requires intermediaries to supply information to end-users,
(c)
(4)
38C Enforcement of benefit scheme
(1)
(a)
provision for the enforcement in civil proceedings of
requirements under the scheme,(b)
provision for a person to impose a monetary penalty where
the person is satisfied on the balance of probabilities that—(i)
a requirement under the regulations has not been
complied with, or(ii)
benefits or other payments under the scheme have been
wrongfully obtained, or(c)
provision for complaints procedures, dispute resolution,
adjudication, appeals or redress in connection with the scheme.(2)
If regulations under section 38A provide for the imposition of monetary
penalties, they must provide a right of appeal to a court or tribunal on grounds including both error of fact and error of law.(3)
The provision that may be made by virtue of subsection (1) (c) includes
provision for Part 2 of the Consumers, Estate Agents and Redress Act 2007 (complaints handling and redress schemes) to apply (with or without modifications) to end-user complaints as it applies to consumer complaints within the meaning of that Part.(4)
38D Disclosure and use of information in connection with benefit scheme
(1)
(2)
Provision is within this subsection if it is provision for the disclosure
of information or evidence for the purposes of—(a)
identifying persons entitled to benefits under the scheme,
(b)
identifying qualifying premises or qualifying works,
(c)
checking whether requirements under, or resulting from, the
regulations are being or have been complied with,(d)
checking payments made under the scheme,
(e)
facilitating the performance of functions conferred, or the
enforcement of duties imposed, by or as a result of the regulations, or(f)
evaluating the performance of the scheme.
(3)
Provision is within this subsection if it is provision about the use or
further disclosure of information disclosed—(a)
further to provision within subsection (2) , or
(b)
otherwise in connection with the scheme.
(4)
The provision that may be made by virtue of subsection (3) includes
provision making it an offence to use or disclose information in an unauthorised manner; but such an offence may not be made punishable by imprisonment.(5)
Regulations under section 38A that authorise the use or disclosure of
information are not to be taken to authorise disclosure or use that would be liable to harm the commercial interests of any person, except to the extent that—(a)
the regulations otherwise provide, or
(b)
the person disclosing or using the information reasonably
considers such disclosure or use necessary in view of the purpose of the regulations.(6)
Regulations under section 38A do not require or authorise the
disclosure or use of information that—(a)
contravenes the data protection legislation (but this section and
the regulations are to be taken into account in determining whether the disclosure or use would contravene that legislation), or(b)
is prohibited by any of Parts 1 to 7 and Chapter 1 of Part 9 of
the Investigatory Powers Act 2016.(7)
In subsection (6) , “the data protection legislation” has the same
meaning as in the Data Protection Act 2018 (see section 3 of that Act).”
In paragraph 6 of Schedule 6A (requirements enforceable against suppliers any provision of regulations under section
38A
that is
under section 25), before sub-paragraph (a) insert—
“(za)
designated in the regulations as a relevant provision for the
purposes of this paragraph;”.
In section 6G (1) of the Electricity Act 1989 (meaning of “commissioning period” for the purposes of determining whether a person is to be regarded as participating in the transmission of electricity), in paragraph (b) , for “18 months” substitute “27 months”.
In the Forestry Act 1967, after section 3 insert— The Commissioners may— use, or enter into arrangements in connection with the use of, sell, or enter into other arrangements concerning, renewable use, or enter into arrangements in connection with the use of, is intended to satisfy, or enable the satisfaction of, a otherwise arises in connection with such a condition. For the purposes of subsection
(1)
(c)
, a relevant condition of relates to renewable electricity development located wholly or is intended to benefit the natural environment of land. The exercise of the powers in subsection
(1)
for either of the following facilitating or promoting the use of renewable electricity; obtaining funds for meeting the expenses referred to in section When the Commissioners are considering the exercise of those powers, In this section—
“ a condition to which planning permission is subject, or a requirement contained in an order granting
“
“ its plants, animals and other living organisms, their habitats, and its geological features;
“ coal, lignite, peat, natural gas, within the meaning of the Energy Act 1976, crude liquid petroleum, petroleum products, within the meaning of the Energy nuclear fuel;
“ References in this section to the storage of electricity are to the storage The cases are those where— a proposed exercise of the powers is intended to enable the the capacity threshold is exceeded. In the case of the construction of a new generating station, the capacity In the case of an extension to an existing station, the capacity threshold the extension would cause the generating capacity of the station the extension, whether alone or taken together with previous it was enabled by an exercise of the Commissioners’ powers that exercise of those powers did not have the consent of the But an extension ceases to be “non-consented” for those purposes if— a subsequent extension to the station in question is constructed that exercise of those powers had the consent of the Secretary The relevant wattage is— 5 megawatts, if the station generates electricity from wind, and 50 megawatts, if it does not. The Secretary of State may by regulations amend this section so as to In calculating the relevant wattage there is to be disregarded— in the case of a generating station only partly situated on in the case of a generating station whose capacity is provided In this section—
“ make provision about the process by which consent is to be provide for consent to be given subject to conditions. Regulations under section
3B
may— make different provision for different purposes or areas; include consequential, incidental, supplementary, transitional Regulations under section
3B
are to be made by statutory instrument.
“3A
Use of land in connection with renewable electricity projects
(1)
(a)
English forestry land for the generation, storage, transmission
or supply of renewable electricity;
(b)
electricity generated, stored or supplied on, or transmitted
across, English forestry land;
(c)
English forestry land for activity that—
(i)
relevant condition of development (whether existing or
contemplated), or
(ii)
(2)
development is a condition of development that—
(a)
partly on English forestry land, and
(b)
(3)
purposes is to be taken to be consistent with the Commissioners’
general duty under section 1(2)—
(a)
(b)
41(2).
(4)
section 1(3A) applies as if it included a further paragraph referring to
those purposes.
(5)
condition of development” means—
(a)
(b)
development consent under the Planning Act 2008
(development consent for nationally significant
infrastructure);
English forestry land” means land placed at the disposal of the
Commissioners under this Act;
natural environment”, in relation to land, includes—
(a)
(b)
(c)
renewable electricity” means electricity produced from sources
other than—
(a)
(b)
(c)
(d)
(e)
(f)
Act 1976,
(i)
renewable electricity development” means development the main
purpose of which is the generation, storage, transmission or
supply of renewable electricity.
(6)
of energy converted from electricity for the purpose of its reconversion
into electricity.
3B
Section
3A
: power to require Secretary of State’s consent in certain
cases
(1)
(2)
(a)
construction on English forestry land of the whole or part of
a generating station (including an extension to an existing
station), and
(b)
(3)
threshold is exceeded if it is expected that the generating capacity of
the station would equal or exceed the relevant wattage.
(4)
is exceeded if it is expected that—
(a)
to equal or exceed the relevant wattage, or
(b)
non-consented extensions, would increase the generating
capacity of the station by at least the relevant wattage.
(5)
(a)
under section
3A
, and
(b)
Secretary of State under regulations under subsection
(1)
.
(6)
(a)
having been enabled by an exercise of the Commissioners’
powers under section
3A
, and
(b)
of State under regulations under subsection
(1)
.
(7)
(a)
(b)
(8)
change the relevant wattage (including by adding or combining
categories of station in relation to which a particular wattage is
prescribed).
(9)
(a)
English forestry land, any generating capacity that can be
attributed to parts not situated on English forestry land;
(b)
in part by facilities for the storage of electricity and in part by
other means, the capacity provided by those facilities.
(10)
generating station” has the same meaning as in Part 1 of the
Electricity Act 1989 (see section 64(1));
3C
Regulations under section
3B
: further provision
(1)
(a)
sought and given or refused;
(b)
(2)
(a)
(b)
or saving provision.
(3)
(4)
(5)
The Secretary of State may make regulations about planning permissions or
consents relating to wind generating stations that may affect the functioning
of a relevant seismic array system.
A “relevant seismic array system” is a spatially distributed system of linked
seismometers, arranged so as to enhance the detection and characterisation
of seismic signals, that—
is used for defence purposes, and
is in use on the day on which this Act is passed.
The regulations may provide for—
an exclusion zone, and
a restricted zone,
around a relevant seismic array system.
The regulations may—
require a planning decision-maker to refuse, or decline to determine
or accept, a planning application relating to a wind generating station
that is (or would be) situated in an exclusion zone;
provide that a relevant development order or MCA scheme may not
be made if it would grant planning permission for development
relating to a wind generating station that is (or would be) situated in
an exclusion zone;
allow the Secretary of State to direct that a relevant development order
or MCA scheme may not be made if it would grant such planning
permission.
The regulations may, in relation to a planning application relating to a wind
generating station that is (or would be) situated in a restricted zone—
require the applicant to provide specified information about the seismic
impact of the proposals (“seismic impact information”) to which their
application relates;
require the planning decision-maker to use the seismic impact
information in a specified way when determining the application
(including when determining conditions relating to a permission or
consent);
require the planning decision-maker to refuse, or decline to determine
or accept, the application in specified circumstances;
require the planning decision-maker to provide the Secretary of State
with the seismic impact information, and to seek the Secretary of
State’s views on the seismic impact of the proposals;
require the planning decision-maker to refuse, or decline to determine
or accept, the application if the Secretary of State objects to it on
grounds relating to the seismic impact of the proposals.
The regulations may—
require a person proposing to make a relevant development order or
MCA scheme to consult the Secretary of State if the order or scheme
would grant planning permission for development relating to a wind
generating station that is (or would be) situated in a restricted zone;
allow the Secretary of State to direct that a relevant development order
or MCA scheme may not be made if it would grant such planning
permission.
The regulations may include provision about the procedure for planning
applications to which they relate, such as—
provision enabling or requiring a planning decision-maker to decline
to determine or accept an application;
provision modifying the process for determining an application;
provision allowing the Secretary of State to give a direction to the
planning-decision maker about the procedure for an application;
provision modifying or disapplying a right of appeal or review;
provision disapplying a duty imposed on a planning decision-maker
when determining an application.
The regulations may require a planning decision-maker to have regard to
guidance issued by the Secretary of State.
Regulations under this section may—
amend or repeal provision contained in an Act of Parliament or an
Act of the Scottish Parliament;
make different provision for different purposes or areas;
make provision binding the Crown;
make transitional, transitory or saving provision;
make incidental, supplementary or consequential provision.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section which amend
or repeal provision contained in an Act of Parliament or an Act of the Scottish
Parliament may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of Parliament.
Any other statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.
If a draft of a statutory instrument containing regulations under this section
would, apart from this subsection, be treated for the purposes of the standing
orders of either House of Parliament as a hybrid instrument, it is to proceed
in that House as if it were not such an instrument.
In this section—
“
MCA scheme” means a masterplan consent area scheme made under
Part 3 of the Town and Country Planning (Scotland) Act 1997;
“
planning application” means—
an application for planning permission under Part 3 or Part 13
of the Town and Country Planning Act 1990,
an application for planning permission under Part 3 or Part 12
of the Town and Country Planning (Scotland) Act 1997,
an application for an order granting development consent under
section 37 of the Planning Act 2008, or
an application under section 36 or 36C of the Electricity Act
1989 (consent for construction etc of generating station);
“
planning decision-maker” means a person who determines a planning
application;
“
relevant development order” means—
a local development order made under section 61A of the Town
and Country Planning Act 1990;
a Mayoral development order made under section 61DA of
that Act;
a neighbourhood development order made under section 61E
of that Act;
a development order made under section 30 of the Town and
Country Planning (Scotland) Act 1997;
“
wind generating station” means a generating station that generates
electricity from wind.
The Highways Act 1980 is amended as follows.
“281B Power to provide for fees for certain services
(1)
The appropriate national authority may by regulations make provision
for, or in connection with, the charging of fees to highway authorities by prescribed public authorities, in relation to the provision of relevant services.(2)
A “relevant service” means any advice, information or other assistance
(including a response to a consultation) provided, whether or not to a highway authority, in connection with—(a)
an order made, or proposed to be made, under Part 2, 6 or 12,
or(b)
any other prescribed matter relating to any of those Parts.
(3)
The 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 amount charged;(d)
about which highway authority 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;
(h)
about the effect of paying or failing to pay fees charged
(including provision permitting a prescribed public authority to withhold a relevant service that it would otherwise be required to provide under an enactment until any outstanding fees for that service are paid);(i)
for the supply of information for any purpose of the
regulations;(j)
conferring a function, including a function involving the
exercise of a discretion, on any person.(4)
A prescribed public authority must have regard to—
(a)
any guidance published by the Secretary of State in relation to
the exercise of the authority’s functions under regulations made under this section by the Secretary of State;(b)
any guidance published by the Welsh Ministers in relation to
the exercise of the authority’s functions under regulations made under this section by the Welsh Ministers.(5)
Regulations under this section may make—
(a)
different provision for different purposes or areas;
(b)
incidental, consequential, supplementary, transitional or
transitory provision or savings.(6)
In this section—
“
appropriate national authority” means—(a)
in relation to England, the Secretary of State, and
(b)
in relation to Wales, the Welsh Ministers;
“
prescribed” means prescribed by regulations made by the
appropriate national authority under this section;“
public authority” means any person certain of whose functions
are of a public nature.”
In section 325 (provisions as to regulations, schemes and orders)—
“(1B)
The power of the Welsh Ministers to make regulations under
section 281B is exercisable by statutory instrument.”;
in subsection (2)(a), after “8A” insert “or regulations made by the
Welsh Ministers under section
281B
”;
“(2B)
A statutory instrument containing regulations made by the
Welsh Ministers under section 281B is subject to annulment in pursuance of a resolution of Senedd Cymru.”
Omit subsection (2A).
In subsection (3), for “this section” substitute “subsection (2)”.
In subsection (3A), after “power” insert “under subsection (2)”.
In subsection (4), for “this section” substitute “subsection (2)”.
“(4A)
A strategic highways company may by order direct—
(a)
that a highway for which the company is the highway authority
is to become a trunk road,(b)
in relation to a highway in the company’s area for which the
company is not the highway authority, that—(i)
the highway is to become a trunk road, and
(ii)
the company is to become the highway authority for it,
or(c)
that a trunk road for which the company is the highway
authority is to cease to be a trunk road.(4B)
(a)
the reference to the company’s area is to the area in respect of
which it was appointed (see section 2(1) of the Infrastructure Act 2015), and(b)
the reference to a highway for which the company is not the
highway authority includes a proposed highway to be constructed by the company.(4C)
A strategic highways company may make an order under subsection (4A) only if it is satisfied that the order is expedient for the purpose
of extending, improving or reorganising the national system of routes for through traffic in England and Wales.(4D)
A strategic highways company may be satisfied as mentioned in
subsection (4C) only after taking into consideration the requirements of local and national planning, including the requirements of agriculture.(4E)
An order under subsection (4A) —
(a)
must specify the date on which it takes effect, and
(b)
must be confirmed by the Secretary of State.
(4F)
Subsections (3) and (4) apply in relation to the power in subsection (4A) as they apply in relation to the power in subsection (2).
(4G)
The powers in this section are subject to section 33(4) of the Planning
Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).”
In Schedule 1 to the Highways Act 1980 (procedures for making or confirming Where an order under section 10 of this Act is submitted to the
orders and schemes), after paragraph 1 insert—
“1A
Secretary of State by a strategic highways company, that company
must publish, in the manner specified in paragraph 1, the notice
there referred to; and that paragraph has effect in relation to the
notice as if, for the references to the draft order and the making of
the order, there were substituted references to the order as submitted
to the Secretary of State and the confirmation of the order
respectively.”
Schedule 1 to the
Highways Act 1980
(procedures for making or confirming
certain orders and schemes) is amended as follows.
In
paragraph 1
, in
sub-paragraph (b)
, for “6 weeks from the date of the
publication of the notice” substitute “the minimum period specified in
paragraph
2A
”.
“2A
The minimum period is—
(a)
30 days from the date of the publication of the notice, in the
case of an order proposed by, or submitted to, the Secretary of State;(b)
6 weeks from the date of the publication of the notice, in
the case of an order proposed by, or submitted to, the Welsh Ministers.”
“8A
(1)
This paragraph applies where the Secretary of State is exercising
the functions conferred by paragraph 8.(2)
The Secretary of State must—
(a)
decide to make or confirm the proposed order,
(b)
decide not to make or confirm the proposed order, or
(c)
decide to give notification under paragraph 8(3)(a),
within the period of 10 weeks beginning with the relevant day.
(3)
Subject to sub-paragraph (4) , the relevant day is the day on which
any of the following occurs in relation to the proposed order—(a)
the period specified in the notice published under paragraph
1 or (as the case may be) paragraph 5 expires with no qualifying objection having been received by the Secretary of State;(b)
a qualifying objection is withdrawn with the result that no
qualifying objections remain live;(c)
the Secretary of State decides under paragraph 7(2) to
dispense with an inquiry;(d)
the Secretary of State receives the report of the person who
has held a local inquiry.(4)
In a case where—
(a)
the Secretary of State has to decide whether to confirm a
related compulsory purchase order, and(b)
the relevant day in relation to that compulsory purchase
order is later than the relevant day specified in sub-paragraph (3) ,the relevant day for the purposes of sub-paragraph (2) is the relevant day in relation to the compulsory purchase order.
(5)
The relevant day in relation to a related compulsory purchase order
is the day on which the procedure that must be followed before the Secretary of State can decide whether to confirm the order (not including any duty on the Secretary of State to consider certain matters before taking that decision) is completed.(6)
Where the Secretary of State gives notification under paragraph
8(3)(a), the Secretary of State must decide whether or not to make or confirm the proposed order within the period of 10 weeks beginning with the final day of the period specified under paragraph 8(3)(b).(7)
(8)
(9)
The Secretary of State may in any particular case, if the Secretary
of State considers it appropriate, extend a period that applies under this paragraph.(10)
The power under sub-paragraph (9) may be exercised—
(a)
more than once in relation to the same period;
(b)
after the expiry of the period.
(11)
The Secretary of State must give written notice of any extension—
(a)
in a case where the proposed order has already been made,
to the authority that made it, and(b)
to each person who has made a qualifying objection and not
withdrawn it.(12)
In this paragraph—
“
qualifying objection” means an objection received as described
in paragraph 7(1)(a) or (b);
In paragraph 10 —
the existing text becomes sub-paragraph (1);
in paragraph (b) of that sub-paragraph, for “6 weeks from the date of
the publication of the notice” substitute “the minimum period specified
in sub-paragraph
(2)
”;
“(2)
The minimum period is—
(a)
30 days from the date of the publication of the notice,
in the case of a scheme proposed by, or submitted to, the Secretary of State;(b)
6 weeks from the date of the publication of the notice,
in the case of a scheme proposed by, or submitted to, the Welsh Ministers.”
“15A
(1)
This paragraph applies where the Secretary of State is exercising
the functions conferred by paragraph 15.(2)
The Secretary of State must—
(a)
decide to make or confirm the proposed scheme,
(b)
decide not to make or confirm the proposed scheme, or
(c)
decide to give notification under paragraph 15(3)(a),
within the period of 10 weeks beginning with the relevant day.
(3)
Subject to sub-paragraph (4) , the relevant day is the day on which
any of the following occurs in relation to the proposed scheme—(a)
the period specified in the notice published under paragraph
10 or (as the case may be) paragraph 12 expires with no qualifying objection having been received by the Secretary of State;(b)
a qualifying objection is withdrawn with the result that no
qualifying objections remain live;(c)
the Secretary of State decides under paragraph 14(2) to
dispense with an inquiry;(d)
the Secretary of State receives the report of the person who
has held a local inquiry.(4)
In a case where—
(a)
the Secretary of State has to decide whether to confirm a
related compulsory purchase order, and(b)
the relevant day in relation to that compulsory purchase
order is later than the relevant day specified in sub-paragraph (3) ,the relevant day for the purposes of sub-paragraph (2) is the relevant day in relation to the compulsory purchase order.
(5)
The relevant day in relation to a related compulsory purchase order
is the day on which the procedure that must be followed before the Secretary of State can decide whether to confirm the order (not including any duty on the Secretary of State to consider certain matters before taking that decision) is completed.(6)
Where the Secretary of State gives notification under paragraph
15(3)(a), the Secretary of State must decide whether or not to make or confirm the proposed scheme within the period of 10 weeks beginning with the final day of the period specified under paragraph 15(3)(b).(7)
(8)
(9)
The Secretary of State may in any particular case, if the Secretary
of State considers it appropriate, extend a period that applies under this paragraph.(10)
The power under sub-paragraph (9) may be exercised—
(a)
more than once in relation to the same period;
(b)
after the expiry of the period.
(11)
The Secretary of State must give written notice of any extension—
(a)
in a case where the proposed scheme has already been made,
to the authority that made it, and(b)
to each person who has made a qualifying objection and not
withdrawn it.(12)
In this paragraph—
“
qualifying objection” means an objection received as described
in paragraph 14(1)(a) or (b);
The Highways Act 1980 is amended as follows.
In section 325 (provision for certain regulations, orders and schemes to be
made by statutory instrument)—
in the heading, omit “, schemes”;
in subsection (1)—
omit paragraph (b);
in paragraph (d), after “sections” insert “10,”.
In section 326 (revocation and variation of schemes and orders)—
in subsection (2)—
after “An order” insert “or scheme”;
after “section” insert “10,”;
after “14B,” insert “16,”;
after “27,” insert “106(3),”;
after “orders” insert “or schemes”;
after “subsequent order” insert “or scheme”;
“(2A)
Subsection (2) does not apply to an order or scheme under
section 10, 16 or 106(3) made or confirmed by the Welsh Ministers (but see section 325(1A)).”;
in subsection (6), before “14,” insert “10,”.
In Schedule 1 (procedures for making or confirming certain orders and On making or confirming an order or scheme in accordance with notice of the making or confirmation of the order or scheme, if the order or scheme was made with modifications, a either— a copy of the order or scheme, together with any an explanation of where and how that documentation
schemes), after paragraph 19 insert—
“19A
this Schedule, the Secretary of State must publish on a government
website—
(a)
(b)
summary of those modifications, and
(c)
(i)
maps or plans referred to in it, or
(ii)
can be inspected.”
In section 250(8) of the Highways Act 1980 (compulsory acquisition by creation
of new rights to include rights of carrying out certain activity on land), after
“references to” insert “— the right to take temporary possession or occupation of land,
(a)
and
(b)”.
In the Transport and Works Act 1992, for section 8 (model clauses) substitute— The Secretary of State may publish guidance about the preparation of The Welsh Ministers may publish guidance about the preparation of The guidance may set out model provisions considered suitable for In arriving at a determination under section 13 in a case to which any departure from the guidance, and any reasons given by the applicant for that departure.”
“8
Guidance on draft orders
(1)
draft orders, for cases in which rules under section 6 require the
submission of such drafts to the Secretary of State.
(2)
draft orders, for cases in which rules under section 6 require the
submission of such drafts to the Welsh Ministers.
(3)
inclusion in the drafts (whether generally or in certain cases).
(4)
guidance under this section applies, the Secretary of State or (as the
case may be) the Welsh Ministers must have regard to—
(a)
(b)
In the Transport and Works Act 1992, omit section 9 (special procedure for
projects considered to be of national significance).
In consequence of that amendment—
in section 3 of the Statutory Orders (Special Procedure) Act 1945
(petitions against orders), omit subsection (4A);
in section 12 of the Transport and Works Act 1992 (special
parliamentary procedure), omit subsection (2);
in the Channel Tunnel Rail Link Act 1996, omit section 42 (application
of section 9 of the 1992 Act to certain proposals affecting the Channel
Tunnel).
The amendments made by this section do not apply in relation to an
application in respect of which a notice under section 9(2) of the Transport
and Works Act 1992 has been published before this section comes into force.
Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is
amended as follows.
In subsection (3) (duty to hold inquiry or hearing on request from objector), an objection is made by a person within subsection (4), the person informs the Secretary of State in writing that the the Secretary of State considers that the objection is serious
for the words from “an objection” to “applies,” substitute “—
(a)
(b)
person wishes the objection to be referred to an inquiry or dealt
with in accordance with subsection (2), and
(c)
enough to merit such treatment,”.
“(3A)
In a case in which the powers in subsections (1) and (2) are exercisable
by the Welsh Ministers, subsection (3) is to be read as referring to the Welsh Ministers instead of the Secretary of State.”
The amendments made by this section do not apply in relation to an
application in respect of which rule 5(1) of the Transport and Works
(Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I.
2006/1466) has been complied with before this section comes into force.
Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is
amended as follows.
In subsection (5) (application of section 250 of the Local Government Act the powers of direction, certification and order-making
1972), before paragraph (a) insert—
“(za)
conferred by section 250(4) and (5) as applied by this subsection
may, unless otherwise directed by the Secretary of State or the
Welsh Ministers, be exercised on their behalf by the person
holding the inquiry,”.
“(5A)
The power of direction conferred by section 250(4) of the Local
Government Act 1972 (costs of inquiry) as applied by subsection (5) is, in the case of an application under section 6, to be exercised so as to require the applicant to pay the costs in question, unless the person exercising the power considers that there is good reason to exercise it differently.”
In subsection (6) (application to hearings of provisions applied to inquiries),
after “(costs)” insert “, and subsection
(5A)
of this section,”.
The Transport and Works Act 1992 is amended as follows.
“(7)
The Secretary of State may, for cases involving applications under
section 6, make rules as to the period within which—(a)
a determination under subsection (1) must be made, or
(b)
a step must be taken as required by subsection (4), section 13B
or section 13C.(8)
Rules under subsection (7) —
(a)
may provide for periods to be determined or changed by the
Secretary of State or the Welsh Ministers in individual cases;(b)
may provide for the postponement of a requirement under the
rules where a fee payable in connection with the application is not paid on time;(c)
may make different provision for different cases;
(d)
if they apply in relation to Wales, may be made only with the
agreement of the Welsh Ministers;(e)
must be made by statutory instrument;
and such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament.”
In consequence of that amendment—
in section 13(6), for “to 13D” substitute “and 13C”;
omit section 13D (requirement to determine EIA application or proposal
within reasonable time);
in section 14(3A)(a), for “to 13D” substitute “and 13C”.
The Transport and Works Act 1992 is amended as follows.
In section 14 (publicity for making or refusal of order)—
(b)
publish the notice on a government website.”;
in subsection (2), for “(1)(a)” substitute “(1)”;
omit subsection (2A);
in subsection (3A), for “notices” substitute “notice”;
“(3AA)
If the determination is for the making of an EIA order, the
notice under subsection (1) must include the information specified in subsection (3AB).”;
in subsection (4)—
for “a notice” substitute “a copy of the notice under subsection
(1)”;
omit the words from “; and” to the end.
In section 22(1) (period for challenging order), for the words from “within”
to “published” substitute “before the end of the period of 6 weeks beginning
with the day after the day on which notice of the determination to make the
order is first published under section 14(1)
(b)
”.
In consequence of those amendments—
in section 12(3)(c) (modification of section 22(1) where special
parliamentary procedure applies), for “the notice required by section
14(1)(b) is published” substitute “notice is first published under section
14(1)
(b)
”;
in section 13(5) (date of operation of order), for the words from “the
notice” to “published” substitute “notice of the determination to make
the order is first published under section 14(1)
(b)
”.
The amendments made by this section do not apply in relation to a
determination made before this section comes into force or any order made
further to such a determination.
After section 23 of the Transport and Works Act 1992 insert— The appropriate national authority may by regulations make provision A “relevant service” means any advice, information or other assistance an application under section 6, or any other prescribed matter relating to an order, or proposed Regulations made under subsection
(1)
may, in particular, make about when a fee (including a supplementary fee) may, and about the amount which may be charged; about what may, and may not, be taken into account in about when a fee charged is payable; about the recovery of fees charged; about waiver, reduction or repayment of fees; about the effect of paying or failing to pay fees charged for the supply of information for any purpose of the conferring a function, including a function involving the A prescribed public authority must have regard to— any guidance published by the Secretary of State in relation to any guidance published by the Welsh Ministers in relation to Regulations under this section may make— different provision for different purposes or areas; incidental, consequential, supplementary, transitional or Regulations under this section are to be made by statutory instrument. A statutory instrument containing regulations made by the Secretary A statutory instrument containing regulations made by the Welsh In this section—
“ in relation to England and cross-border orders, the in relation to Wales but not cross-border orders, the
“
“
“
“23A
Fees for certain services in connection with orders
(1)
for, or in connection with, the charging of fees to applicants under
section 6 by prescribed public authorities, in relation to the provision
of relevant services.
(2)
(including a response to a consultation) provided, whether or not to
an applicant under section 6, in connection with—
(a)
(b)
order, under section 1 or 3.
(3)
provision—
(a)
may not, be charged;
(b)
(c)
calculating the amount charged;
(d)
(e)
(f)
(g)
(including provision permitting a prescribed public authority
to withhold a relevant service that it would otherwise be
required to provide under an enactment until any outstanding
fees for that service are paid);
(h)
regulations;
(i)
exercise of a discretion, on any person.
(4)
(a)
the exercise of the authority’s functions under regulations made
under this section by the Secretary of State;
(b)
the exercise of the authority’s functions under regulations made
under this section by the Welsh Ministers.
(5)
(a)
(b)
transitory provision or savings.
(6)
(7)
of State under this section is subject to annulment in pursuance of a
resolution of either House of Parliament.
(8)
Ministers under this section is subject to annulment in pursuance of
a resolution of Senedd Cymru.
(9)
appropriate national authority” means—
(a)
Secretary of State, and
(b)
Welsh Ministers;
cross-border order” means an order under section 1 or 3 that
has effect both in England and in Wales;
prescribed” means prescribed by regulations made by the
appropriate national authority under this section;
public authority” means any person certain of whose functions
are of a public nature.”
In the Transport and Works Act 1992, for section 17 (listed buildings and On making an order under section 1 or 3 that authorises controlled Section 16(2) of the Listed Buildings Act (duty of special regard to Section 72(1) of the Listed Buildings Act (duty of special attention to The provisions of the Listed Buildings Act apply in relation to any But that does not bring the decision to make the direction within In this section—
“
“
“
“ On making an order under section 1 or 3 that authorises controlled On making an order under section 1 or 3 that authorises controlled Section 96(2) of HEWA 2023 (duty of special regard to listed buildings) Section 160(1) of HEWA 2023 (duty of special regard to conservation to the making of a direction under subsection
(1)
in relation to the making of a direction under subsection
(2)
, as it would The provisions of HEWA 2023 apply in relation to any consent deemed But that does not bring the decision to make the direction within In this section—
“
“
“
“
“
“
conservation areas) substitute—
“17
Listed buildings: England
(1)
listed building works in England, the Secretary of State may direct
that listed building consent for the works is deemed to be granted,
subject to such conditions (if any) as may be specified in the direction.
(2)
listed buildings) applies to the making of a direction under this section
as it would apply to the grant of listed building consent in relation to
the building concerned.
(3)
conservation areas) applies to the making of a direction under this
section in relation to a building in a conservation area as it would
apply to the grant of listed building consent in relation to that building.
(4)
listed building consent deemed to be granted by virtue of a direction
of the Secretary of State under this section as if the consent had been
granted by the Secretary of State on an application referred under
section 12 of that Act.
(5)
section 62(2)(a) of that Act (decisions of Secretary of State that may
only be challenged by way of statutory review).
(6)
conservation area” has the same meaning as in the Listed
Buildings Act (see section 91(1) of that Act);
controlled listed building works in England” means works to
which section 7(1) of the Listed Buildings Act (demolition or
alteration in character of a listed building in England) applies;
listed building consent” means consent under section 8 of the
Listed Buildings Act (listed building consent in England);
the Listed Buildings Act” means the Planning (Listed Buildings
and Conservation Areas) Act 1990.
17A
Listed buildings and conservation areas: Wales
(1)
listed building works in Wales, the Welsh Ministers may direct that
listed building consent for the works is deemed to be granted, subject
to such conditions (if any) as may be specified in the direction.
(2)
conservation area works in Wales, the Welsh Ministers may direct that
conservation area consent for the works is deemed to be granted,
subject to such conditions (if any) as may be specified in the direction.
(3)
applies to the making of a direction under subsection
(1)
as it would
apply to the grant of listed building consent in relation to the building
concerned.
(4)
areas) applies—
(a)
to a building in a conservation area, as it would apply to the
grant of listed building consent in relation to that building,
and
(b)
apply to the grant of conservation area consent in relation to
the building concerned.
(5)
to be granted by virtue of a direction of the Welsh Ministers under
this section as if the consent had been granted by the Welsh Ministers
on an application referred under section 94 of that Act.
(6)
section 182(2)(b) of that Act (decisions of Welsh Ministers that may
only be challenged by way of statutory review).
(7)
conservation area” has the same meaning as in HEWA 2023 (see
section 210 of that Act);
conservation area consent” means consent under section 162 of
HEWA 2023 (conservation area consent in Wales);
controlled conservation area works in Wales” means works to
which section 161 of HEWA 2023 (demolition of building in
conservation area in Wales) applies;
controlled listed building works in Wales” means works to which
section 88 of HEWA 2023 (demolition or alteration in character
of a listed building in Wales) applies;
HEWA 2023” means the Historic Environment (Wales) Act 2023;
listed building consent” means consent under section 89 of
HEWA 2023 (listed building consent in Wales).”
In section 22 of that Act (validity of orders)—
in the heading, for “under section 1 or 3” substitute “and directions”;
“(4)
This section applies to a direction under—
(a)
section 90(2A) of the Town and Country Planning Act
1990 (deemed planning permission),(c)
section 12(2A) of the Planning (Hazardous Substances)
Act 1990 (deemed hazardous substances consent),as it applies to an order under section 1 or 3.”
In section 12 of the Planning (Listed Buildings and Conservation Areas) Act
1990 (reference of applications for listed building consent to Secretary of
State), omit subsection (3A).
In section 94(4) of the Historic Environment (Wales) Act 2023 (reference to
Welsh Ministers of application for listed building consent associated with
Transport and Works Act application), after “application” in the second place
it occurs insert “to the Secretary of State”.
“19A Deemed consent under marine licences
(1)
An order of the Secretary of State under section 1 or 3 may include
provision deeming a marine licence to have been granted by the Secretary of State for activities specified in the order (being activities for which the Secretary of State is the appropriate licensing authority).(2)
Activity specified under subsection (1) must be carried out wholly in
one or more of these areas—(a)
England;
(b)
waters adjacent to England up to the seaward limits of the
territorial sea;(c)
an exclusive economic zone, except any part of an exclusive
economic zone in relation to which the Scottish Ministers have functions;(d)
a Renewable Energy Zone, except any part of a Renewable
Energy Zone in relation to which the Scottish Ministers have functions;(e)
an area designated under section 1(7) of the Continental Shelf
Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.(3)
An order of the Welsh Ministers under section 1 or 3 may include
provision deeming a marine licence to have been granted by the Welsh Ministers for activities specified in the order (being activities for which the Welsh Ministers are the appropriate licensing authority).(4)
(a)
deeming the licence to have been granted subject to such
conditions as may be specified in the order;(b)
deeming any such conditions to have been attached to the
marine licence by the Secretary of State or (as the case may be) the Welsh Ministers under Part 4 of the MCAA 2009.(5)
(6)
In this section—
“
the appropriate licensing authority” has the meaning given by
section 113 of the MCAA 2009;“
exclusive economic zone” has the meaning given by section
322(1) of the MCAA 2009;“
marine licence” means a marine licence under Part 4 of the
MCAA 2009;“
the MCAA 2009” means the Marine and Coastal Access Act 2009;“
Renewable Energy Zone” has the meaning given by section 84(4)
of the Energy Act 2004.(7)
For the purposes of this section, waters are to be treated as adjacent,
or as not adjacent, to England if they would be so treated for the purposes of section 113 of the MCAA 2009 as a result of sections 322(4) to (9) of that Act.”
The amendments made by this section do not apply in relation to an order
applied for under section 6 of the Transport and Works Act 1992 if rule 5(1)
of the Transport and Works (Applications and Objections Procedure) (England
and Wales) Rules 2006 (S.I. 2006/1466) has been complied with in respect of
the application before this section comes into force.
In section 20 of the Transport and Works Act 1992 (power to apply for or
object to orders)—
in subsection (2), omit “by subsection (3) or (4)”;
“(5)
In the case of a local authority to which section 239 of the Local
Government Act 1972 applies, a resolution to make an application passed, by virtue of this section, in accordance with subsection (2)(a) of that section does not need to be confirmed in accordance with subsection (2)(b) of that section.”
The amendments made by this section do not apply in relation to an
application or objection that is the subject of a resolution under section
239(2)(a) of the Local Government Act 1972 passed before this section comes
into force.
The amendments made to the Transport and Works Act 1992 by the following provisions are extended to Scotland—
Schedule 3 to the Environmental Impact Assessment (Miscellaneous
Amendments Relating to Harbours, Highways and Transport)
Regulations 2017 (S.I. 2017/1070);
regulation 4(3) and (4) of the Merchant Shipping and Other Transport
(Environmental Protection) (Amendment) (EU Exit) Regulations 2019
(S.I. 2019/311).
Regulations under this section may amend—
an Act, or
an Act or Measure of Senedd Cymru,
passed before the end of the session of Parliament in which this Act is passed.
Regulations under this section may include incidental, supplemental,
transitional and saving provision.
A statutory instrument containing (whether alone or with other provision)
regulations made in reliance on subsection
(2)
may not be made unless a draft
of the statutory instrument containing them has been laid before, and approved
by a resolution of, each House of Parliament.
Any other statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.
In paragraph 7(1) (things to accompany applications)—
after paragraph (a) insert “and”;
omit paragraph (c) and the preceding “and”.
In paragraph 9 (duty not to consider application unless certain requirements
met), omit sub-paragraph (a).
“Fees
9A
(1)
The Secretary of State may, by regulations, provide for fees to be
payable by applicants for harbour revision orders.(2)
Such regulations may—
(a)
provide for the amount of a fee to be determined by a
method laid down in the regulations;(b)
empower or require the Secretary of State not to take steps
in relation to an application if a fee is not paid on time;(c)
(d)
make incidental or supplemental provision;
(e)
make different provision for different purposes.”
In section 54 of the Harbours Act 1964 (orders and regulations), after As to the power to make regulations under paragraph
9A
of Schedule where the power is exercised by the Secretary of State— the regulations are to be made by statutory instrument, a statutory instrument containing such regulations is where the power is exercised by the Welsh Ministers (see the regulations are to be made by statutory instrument, a statutory instrument containing such regulations is where the power is exercised by the Scottish Ministers (see
subsection (6) insert—
“(7)
3 (fees for applications)—
(a)
(i)
and
(ii)
subject to annulment in pursuance of a resolution of
either House of Parliament;
(b)
section 17(2C))—
(i)
and
(ii)
subject to annulment in pursuance of a resolution of
Senedd Cymru;
(c)
section 17(2C)), the regulations are subject to the negative
procedure (see section 28 of the Interpretation and Legislative
Reform (Scotland) Act 2010).”
Section 48
of the
New Roads and Street Works Act 1991
(streets, street works
and undertakers) is amended as set out in
subsections (2)
to
(5)
.
“(3ZA)
In this Part “street works” also includes works of any of the following
kinds executed in a street in England in pursuance of a street works permit—(a)
placing apparatus that is a public charge point, or
(b)
inspecting, maintaining, adjusting, repairing, altering, renewing,
changing the position of or removing apparatus that is a public charge point,or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).”
In subsection (3A) , in the words before paragraph (a) , after “(3)” insert “or (3ZA) ”.
In subsection (4) —
(a)
in relation to street works mentioned in subsection (3),”;
“(b)
in relation to street works described in subsection (3ZA) , means the person who in accordance with the street works permit is permitted to carry out the works.”
In subsection (5) —
from “are to” to “licence” substitute “(including public charge points) a statutory right, a street works licence, or where the apparatus is a public charge point installed
are to the person entitled, by virtue of—
(a)
(b)
(c)
in England in pursuance of a street works permit, the
permit,”;
after (3) insert “or (3ZA) ”.
(a)
works for road purposes,
(b)
emergency works of any description, or
(c)
street works as described in section 48 (3ZA) (works relating
to public charge points executed in a street in England in pursuance of a street works permit).”
In section 105 (1) of that Act (minor definitions)—
““
public charge point” means a charge point within the meaning
of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public;”;
““
street works permit” means a permit granted pursuant to a
permit scheme prepared under Part 3 of the Traffic
Management Act 2004 ;”;
in the definition of “statutory right”, for the words from “a right a right exercisable by virtue of a street works licence, a right, exercisable by virtue of a street works permit,
exercisable” to the end substitute—
“(a)
or
(b)
to carry out street works described in section 48
(3ZA)
.”
In section 106 of that Act (index of defined expressions)—
“public charge point
section 105(1)”;
“street works permit
section 105(1)”.
in the entry for “street works”, after “48(3)” insert “and (3ZA) ”.
In
section 115E
of the
Highways Act 1980
(execution of works and use of
objects etc. by persons other than councils)—
in subsection (1) , for “(5)” substitute “(6)”;
“(6)
A council may not under this section grant a person permission
to do anything relating to a public charge point in England which is capable of being authorised by a street works permit or a street works licence.(7)
In this section—
“
public charge point” means a charge point within the
meaning of Part 2 of the Automated and Electric
Vehicles Act 2018 that is provided for use by members of the general public;“
street works permit” means a permit granted pursuant
to a permit scheme prepared under Part 3 of the Traffic
Management Act 2004 .”
In section 10 (public charging or refuelling points: access, standards and
connection)—
“(ba)
the accessibility of public charging or refuelling points;”;
“(3A)
Regulations under subsection (1)(ba) may, for example, require
the operator of a public charging or refuelling point to ensure that the point complies with minimum specifications for placement of a charge point display, bay size, and the height and weight of the charging cable for the purpose of ensuring accessibility for disabled people.”
In section 14 (transmission of data relating to charge points), in subsection
(2) after “energy consumption” insert “, accessibility”.
Within six months of the day on which this Act is passed, the Secretary of State must publish an assessment of the impact of the current regulatory regime for low hazard reservoirs, and set out proposals for the deregulation of such reservoirs to facilitate their construction.
Section 303
of the
Town and Country Planning Act 1990
(fees for planning
applications etc) is amended as set out in
subsections (2)
to
(5)
.
“(5A)
Regulations made by the Secretary of State under subsection (1) or (2)
may authorise or require a local planning authority in England to set the level of a fee or charge.(5B)
Regulations under subsection (1ZA) may authorise or require the
Mayor of London or a specified person to set the level of a fee or charge.(5C)
(a)
consultation to be carried out in relation to the setting of the
level of a fee or charge;(b)
the criteria to be applied when setting the level of a fee or
charge;(c)
publication of information or reports;
(d)
obligations to notify the Secretary of State;
(e)
reviews of the level of a fee or charge.”
“(8B)
Where—
(a)
a local planning authority in England, the Mayor of London
or a specified person calculates the amount of a fee or charge in pursuance of regulations under subsection (1) or (1ZA), or(b)
a local planning authority in England, the Mayor of London
or a specified person sets the level of a fee or charge in pursuance of regulations under subsection (1), (1ZA) or (2),the fee or charge must be calculated or set with a view to ensuring that, so far as possible, it does not exceed the cost of carrying out the function in respect of which it is imposed.
(8C)
A local planning authority in England, the Mayor of London or a
specified person must secure that their income from fees or charges paid in pursuance of regulations made under subsection (1), (1ZA) or (2) is applied towards the carrying out of functions that the authority, Mayor or person has that fall within subsection (8D) .(8D)
The functions that fall within this subsection are—
(a)
functions under—
(i)
Part 3,
(ii)
in Part 7, section 191 or 192, or
(iii)
Part 8;
(b)
in the case of the Mayor of London, functions under section
2A and related functions under sections 2B to 2F;(c)
functions under Part 1 of the Planning (Listed Buildings and
Conservation Areas) Act 1990;(d)
functions under section 17 of the Land Compensation Act 1961;
(e)
functions specified for the purposes of this paragraph in
regulations made by the Secretary of State,other than functions in connection with applications made in legal proceedings.”
In subsection (10) , after “planning authority” insert “in Wales”.
Omit subsection (10A) .
“303ZZA Directions in relation to fees set by English local planning
authorities etc(1)
This section applies where—
(a)
(b)
the Secretary of State considers that the fee or charge is set or
proposed to be set at a level that is not appropriate.(2)
The Secretary of State may direct the charging authority to review the
level of the fee or charge.(3)
A charging authority to which a direction is given under subsection
(2) must—(a)
review the fee or charge, and
(b)
notify the Secretary of State of its decision as a result of the
review, giving reasons.(4)
Subsection (5) applies where—
(a)
a charging authority fails to comply with subsection (3) , or
(b)
a charging authority complies with that subsection but the
Secretary of State considers that the fee or charge remains set at a level that is not appropriate.(5)
The Secretary of State may direct that the fee or charge is to be of
such amount as may be specified in, or determined in accordance with, the direction.(6)
The Secretary of State may by regulations make provision—
(a)
about the time by which any requirement imposed by or under
this section must be complied with;(b)
about the fee or charge that is to apply while a charging
authority reviews a fee or charge following a direction under subsection (2) ;(c)
about repayment of the whole or part of any fee or charge
where the level of the fee or charge is reduced as a result of a direction under subsection (2) or (5) .(7)
In this section “specified person” has the same meaning as in section
303.”
In the
Town and Country Planning Act 1990
, after
section 303ZZA
(inserted
by
section 52
) insert— The Secretary of State may by regulations make provision for a to a local planning authority in England under section 303(1) to the Mayor of London or a specified person under section to the Secretary of State under section 303(1A), (2), (3) or (4A). Where regulations under subsection (1) provide for a surcharge to be subject to such deductions, and at the times and in the manner,
as set out in regulations under
subsection (1)
.
Regulations under
subsection (1)
may— specify the level of the surcharge as a percentage of the level make different provision for different purposes, including Regulations under
subsection (1)
may provide that where the level of a local planning authority under section 303
(5A)
, or the Mayor of London or a specified person under section
the surcharge may be set as a percentage of the fee or charge that
would be payable had the level of the fee or charge not been so set.
The Secretary of State must list in regulations the persons whose In setting the level of the surcharge, the Secretary of State must have In subsections (5) and (6), “relevant costs” means the costs of providing applications, proposed applications, or proposals for a permission, approval or consent,
that are made under or for the purposes of the planning Acts and that
relate to land in England.
Regulations under
subsection (1)
may set the surcharge at a level that Paragraphs (a) to (f) of section 303(5) apply to regulations under this A statutory instrument containing regulations under this section may
“303ZZB
Surcharge on planning fees
(1)
surcharge to be imposed on a fee or charge paid—
(a)
or (2),
(b)
303(1ZA), or
(c)
(2)
imposed on a fee or charge paid to a person other than the Secretary
of State, that person must pay to the Secretary of State the amount
they receive from any surcharges—
(a)
(b)
(3)
(a)
of a fee or charge;
(b)
setting different levels of surcharge for different fees, charges,
cases or circumstances.
(4)
the fee or charge has been set by—
(a)
(b)
303
(5B)
,
(5)
relevant costs the surcharge is intended to cover (“listed persons”).
(6)
regard to the relevant costs of the listed persons, and must secure that,
taking one financial year with another, the income from the surcharge
does not exceed the relevant costs of the listed persons.
(7)
advice, information or assistance (including the provision of a response
to a consultation) in connection with—
(a)
(b)
(c)
(8)
exceeds the costs of listed persons of providing advice, information
or assistance in connection with the application, proposed application
or proposal in respect of which the surcharge is imposed.
(9)
section as they apply to regulations under
subsection (1)
, save that
references to a fee or charge are to be read as references to the
surcharge.
(10)
not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.”
In the
Town and Country Planning Act 1990
, after
section 319
insert— The Secretary of State may by regulations make provision for and in Such regulations must provide for satisfactory completion of the A member of a local planning authority who does not hold a valid exercising the prescribed relevant planning functions on behalf being involved in exercising the prescribed relevant planning Regulations under subsection
(1)
may, in particular— provide for accreditation by the Secretary of State of— courses of training, and persons providing such courses; impose requirements as to record-keeping, including by Regulations under
subsection (1)
must require a local planning The validity of anything done in the exercise of a prescribed relevant In this section— references to a local planning authority are to a local planning references to a member of a local planning authority include This section applies in relation to a relevant planning function In this section, “relevant planning function” means— a function under— Part 3; in Part 7, sections 191(4) and 192(2); Part 8; in Part 10, section 257; a function under section 17 of the Land Compensation Act a function under
Part 1
of the
Planning (Listed Buildings and an enforcement function exercisable in relation to— a failure to comply with any condition, limitation or In
subsection (9)
any reference to a function under an enactment The Secretary of State may by regulations make provision for and in Such regulations must provide for satisfactory completion of the A mayor is prohibited from exercising the prescribed relevant mayoral A person who is authorised (by or under any enactment or by Regulations under subsection
(1)
may, in particular— provide for accreditation by the Secretary of State of— courses of training, and persons providing such courses; impose requirements as to record-keeping, including by the Mayor of London, a mayor for the area of a combined authority, and a mayor for the area of a combined county authority. In this section “relevant mayoral planning function” means— any of the functions of the Mayor of London specified in any functions of a mayor for the area of a combined authority The functions of the Mayor of London referred to in subsection
(8)
are as follows—
the function of— giving a direction under section 2A(1) or (1B); giving a direction under section 74(1B)(a); the function of determining an application by virtue of section a function under section 2E; the function of making a Mayoral development order under a function exercisable in connection with a Mayoral In this section—
“
“
“England: training in the exercise of certain planning functions
319ZZA
Training: local planning authorities in England
(1)
connection with the training of members of local planning authorities
in their exercise of such relevant planning functions as are prescribed.
(2)
training to be evidenced by a certificate valid for a prescribed period
(a “certificate of completion”).
(3)
certificate of completion is prohibited from—
(a)
of a local planning authority, or
(b)
functions on behalf of a local planning authority as a member
of a committee or any other body.
(4)
(a)
(i)
(ii)
(b)
imposing such requirements on a training provider.
(5)
authority to publish on their website which of their members hold
valid certificates of completion.
(6)
planning function is not affected by any breach of
subsection (3)
.
(7)
(a)
authority in England;
(b)
a person who (though not a member of a local planning
authority) is an appointed member of a committee or
sub-committee of a local planning authority.
(8)
conferred on a mineral planning authority as if references to a local
planning authority were to a mineral planning authority in England.
(9)
(a)
(i)
(ii)
(iii)
(iv)
(b)
1961;
(c)
Conservation Areas) Act 1990
;
(d)
(e)
(i)
(ii)
other restriction of any such permission, approval or
consent.
(10)
includes a function under an instrument made under the enactment.
319ZZB
Training: certain mayoral planning functions
(1)
connection with the training of persons who may exercise relevant
mayoral planning functions in their exercise of such relevant mayoral
planning functions as are prescribed.
(2)
training to be evidenced by a certificate valid for a prescribed period
(a “certificate of completion”).
(3)
planning functions without a valid certificate of completion.
(4)
arrangements made by a mayor) to exercise a prescribed relevant
mayoral planning function on behalf of a mayor is prohibited from
exercising such a function, or being involved in the exercise of such
a function as a member of a committee or any other body, without a
valid certificate of completion.
(5)
(a)
(i)
(ii)
(b)
imposing such requirements on a training provider.
(6)
(7)
(a)
(b)
(c)
(8)
(a)
subsection
(9)
, and
(b)
or a mayor for the area of a combined county authority which
correspond to the functions of the Mayor of London specified
in subsection
(9)
.
(9)
(a)
(i)
(ii)
(b)
2A or 2B, and related functions under sections 2C and 2F;
(c)
(d)
section 61DA;
(e)
development order.
(10)
combined authority” means a combined authority established
under section 103(1) of the Local Democracy, Economic
Development and Construction Act 2009;
combined county authority” means a combined county authority
established under section 9(1) of the Levelling-up and
Regeneration Act 2023.”
In the Town and Country Planning Act 1990, after
section 319ZZB
(inserted The Secretary of State may by regulations require a relevant local to be discharged by a committee, sub-committee or officer of to be discharged by a committee, sub-committee or officer of The regulations may — prescribe the terms of the arrangements (which may include provide for the arrangements to confer a discretion on any Where arrangements required by the regulations are in force in relation The Secretary of State may by regulations prescribe requirements A relevant local planning authority may not arrange for a relevant If a committee or sub-committee discharging a relevant planning
Sections 101
and
102
of
the 1972 Act
have effect subject to sections
319ZZC
and
319ZZD
and any regulations made under them. Where arrangements are in force under
section 101
(5)
of
the 1972 Act
for two or more relevant local planning authorities to discharge any
of their relevant planning functions jointly, sections
319ZZC
and
319ZZD
apply in relation to those functions as if—
references to a committee or sub-committee of a relevant local references to an officer of a relevant local planning authority make different provision for different relevant local planning make different provision for cases where two or more such In operating arrangements required by regulations under section
319ZZC
, relevant local planning authorities must have regard to any In making arrangements for the discharge of a function prescribed in The Secretary of State must consult such persons as the Secretary of In sections
319ZZC
to section
319ZZE
, “relevant local planning a National Park authority, or the Broads Authority. In section
319ZZE
, “relevant mineral planning authority” means a In sections
319ZZC
to
319ZZE
, “relevant planning function” has the In sections
319ZZC
to
319ZZE
and this section, “the 1972 Act” means
by
section 54
) insert—
“England: discharge of functions of local planning authority
319ZZC
Requirement for functions to be discharged by committee,
sub-committee or officer
(1)
planning authority to make arrangements under
section 101
of
the
1972 Act
for such relevant planning functions as are prescribed—
(a)
the authority;
(b)
the authority in prescribed circumstances.
(2)
(a)
exceptions) and any permitted variations in those terms;
(b)
person in connection with the delegation of a function.
(3)
to a relevant planning function, the function may only be exercised
in accordance with the arrangements (and
section 101
(4)
of
the 1972
Act
does not apply).
319ZZD
Size and composition of committee discharging functions
(1)
relating to the size and composition of a committee or sub-committee
by which such relevant planning functions as are prescribed are to be
discharged.
(2)
planning function to be discharged by a committee or sub-committee
of the authority which fails to satisfy a requirement imposed by
regulations under this section in relation to the discharge of that
function.
(3)
function fails to satisfy such a requirement, paragraph 43 of Schedule
12 to the 1972 Act (validity of proceedings) does not apply in relation
to the failure.
319ZZE
Sections
319ZZC
and
319ZZD
: supplementary
(1)
(2)
(a)
planning authority were references to a joint committee or
sub-committee of those authorities;
(b)
were references to an officer of any of those authorities.
(3)
(a)
authorities;
(b)
authorities have made arrangements under
section 101
(1)
(b)
or
(5)
of
the 1972 Act
for the discharge of any of their relevant
planning functions.
(4)
relevant guidance issued by the Secretary of State.
(5)
regulations under section
319ZZD
, relevant local planning authorities
must have regard to any relevant guidance issued by the Secretary of
State.
(6)
State considers appropriate before—
(7)
319ZZF
Interpretation of sections
319ZZC
to 319ZZE
(1)
authority” means a local planning authority in England which is an
authority to which
sections 101
and
102
of
the 1972 Act
apply, except
that it does not include—
(a)
(b)
(2)
mineral planning authority in England which is an authority to which
sections 101 and 102 of the 1972 Act apply, except that it does not
include a National Park authority.
(3)
same meaning as in
section 319ZZA
(see subsections
(9)
and
(10)
of
that section).
(4)
the
Local Government Act 1972
.”
In
section 316
of the
Town and Country Planning Act 1990
(land of interested
planning authorities and development by them), in
subsection (3)
, in the
words after
paragraph (b)
, after “under” insert “sections
319ZZC
to
319ZZE
or”.
In section 333 of the Town and Country Planning Act 1990 (regulations and The first regulations under section 319ZZC or 319ZZD may not be Regulations made under section 319ZZC or 319ZZD are subject to
orders), after subsection (3ZAA), insert—
“(3ZAB)
made unless a draft of the instrument containing the regulations has
been laid before, and approved by a resolution of, each House of
Parliament.
(3ZAC)
annulment in pursuance of a resolution of either House of Parliament
(except for the first such regulations).”
In section 90 of the Town and Country Planning Act 1990 (directions deeming Section 66(1) of the Planning (Listed Buildings and Conservation Areas)
planning permission to be granted for certain development with government
authorisation), after subsection (2A) insert—
“(2B)
Act 1990 (special regard to listed buildings) applies to a government
department or the Secretary of State in considering whether to make
a direction under this section as it applies to the Secretary of State in
considering whether to grant planning permission.”
for “applies”, in the first place it appears, substitute “and section 58B
of this Act (special regard to other heritage assets) apply”;
for “it applies” substitute “they apply”.
In section 91 (general condition limiting duration of planning permission),
“
“ If a person is given permission by a court to bring relevant If a party to relevant proceedings is given permission to appeal to the If a party to relevant proceedings is given permission to appeal to the The references in subsections (3BA) and
(3BB)
to determining a
for subsections (3A) and (3B) substitute—
“(3A)
implementation period” means the period before the end of
which a development to which a planning permission relates
must be begun (see subsections (1) and (3));
relevant proceedings” means proceedings to challenge the
validity, in respect of the development of land in England, of
a grant of planning permission or of a deemed grant of
planning permission.
(3B)
proceedings, the implementation period is extended by one year.
(3BA)
Court of Appeal against a decision determining the challenge, the
implementation period is extended by one year.
(3BB)
Supreme Court against a decision determining the challenge, the
implementation period is extended by two years.
(3BC)
(3BD)
(3BE)
(3BF)
challenge are to determining it after a full hearing (and accordingly
do not include a refusal of permission or leave).”
“92A Extension of outline planning permission etc in event of legal
challenge(1)
This section applies where a person is given permission by a court to
bring proceedings challenging the validity, in respect of the development of land in England, of—(a)
a grant (or deemed grant) of outline planning permission, or
(b)
the approval of reserved matters under such a permission.
(2)
Any reserved matters application period or implementation period
that is running when the court gives permission to bring the proceedings is extended by one year.(3)
If a party to the proceedings is given permission to appeal to the Court
of Appeal against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by one year.(4)
If a party to the proceedings is given permission to appeal to the
Supreme Court against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by two years.(5)
(6)
(7)
(8)
(9)
Subsection (10) applies if a reserved matters application is made
without taking advantage of an extension under this section.(10)
Any implementation period determined by reference to the approval
sought by the reserved matters application is extended by the number of days by which the reserved matters application period is extended under this section.(11)
Subsection (12) applies if a reserved matters application period is
extended (or further extended) under this section and the reserved matters application is made taking advantage of the extension but before the end of the period as extended.(12)
Any implementation period determined by reference to the approval
sought by the reserved matters application is extended by the number of whole days remaining in the reserved matters application period (as extended) when the reserved matters application is made.(13)
In this section—
“
implementation period”, in relation to a grant of outline planning
permission, means the period before the end of which development to which the permission relates must be begun (see section 92(2)(b), (4) and (5));“
outline planning permission” has the same meaning as in section
92;“
reserved matters application” means an application for the
approval of a reserved matter in pursuance of section 92;“
reserved matters application period”, in relation to a grant of
outline planning permission, means the period before the end of which a reserved matters application relating to the permission is required to be made (see section 92(2)(a), (4) and (5)).(14)
In this section, references to determining a challenge are to determining
it after a full hearing (and accordingly do not include a refusal of permission or leave).”
In the Planning (Listed Buildings and Conservation Areas) Act 1990, in section In subsections (2A) to (2BB)—
“
“ If a person is given permission by a court to bring relevant If a party to relevant proceedings is given permission to appeal to the If a party to relevant proceedings is given permission to appeal to the
18 (limit of duration of listed buildings consent), for subsections (2A) and
(2B) substitute—
“(2A)
implementation period” means the period before the end of
which works to which a listed building consent relates are
required to be begun in pursuance of subsection (1) or (2);
relevant proceedings” means proceedings to challenge the validity
of a grant of listed building consent or of a deemed grant of
listed building consent.
(2B)
proceedings, the implementation period is extended by one year.
(2BA)
Court of Appeal against a decision determining the challenge, the
implementation period is extended by one year.
(2BB)
Supreme Court against a decision determining the challenge, the
implementation period is extended by two years.
(2BC)
(2BD)
(2BE)
(2BF)
In relation to proceedings begun before the day on which subsection
(2)
comes
into force (“the commencement date”)—
any extension of time under section 91(3B) of the Town and Country
Planning Act 1990 that had already arisen before the commencement
date as a result of those proceedings is unaffected;
In relation to proceedings begun before the day on which subsection
(3)
comes
into force, section 92A of the Town and Country Planning Act 1990 (inserted
by subsection
(3)
) applies so far as any event in the proceedings giving rise
to an extension of time under that section occurs on or after that day, but not
otherwise.
In relation to proceedings begun before the day on which subsection
(4)
comes
into force (“the commencement date”)—
any extension of time under section 18(2B) of the Planning (Listed
Buildings and Conservation Areas) Act 1990 that had already arisen
before the commencement date as a result of those proceedings is
unaffected;
The Natural Environment and Rural Communities Act 2006 is amended as
set out in
subsections (2)
and
(3)
.
In section 4 (advice)—
“(1A)
Natural England is not required by subsection (1) to give advice
in response to a request to which subsection (1B) applies that is made by a public authority other than a Minister of the Crown.(1B)
This subsection applies to a request for advice relating to—
(a)
a specific development that requires, but has not been
granted, planning permission under section 57 of the Town and Country Planning Act 1990 (“the 1990 Act”),(b)
an application for any consent, agreement or approval
required by a condition imposed on a grant of planning permission required under that section,(c)
permission in principle for a specific development under
section 58A of the 1990 Act, and(d)
the approval of a reserved matter within the meaning
of section 92 of the 1990 Act.(1C)
Natural England may give advice in response to a request to
which it is not required to respond as a result of subsection
(1A) .”;
in subsection (2), after “(1)” insert “or (1C) ”.
“4A Supplementary provision
(1)
Natural England must prepare and publish a statement setting out
how it intends to deal with requests for advice which it is not required to give as a result of section 4 (1A) .(2)
Natural England must review the statement before the end of—
(a)
the period of five years beginning with the day on which it is
first published, and(b)
each successive period of five years.
(3)
Natural England may review the statement more than once during
any of those periods.(4)
Natural England may revise the statement following a review.
(5)
Natural England must publish any revised statement.
(6)
Before publishing a statement (including a revised statement) under
this section, Natural England must—(a)
consult the Secretary of State, and
(b)
make any changes to the statement that the Secretary of State
may require in response.(7)
But the duty in subsection (6) does not apply in relation to the
publication of a revised statement which, in the opinion of Natural England, contains no substantial revisions.(8)
The Secretary of State may require a change as mentioned in subsection
(6) (b) only if the Secretary of State considers that the change would
promote Natural England’s general purpose.”
The duties imposed by
section 4A
(6)
of the Natural Environment and Rural
Communities Act 2006, as inserted by
subsection (3)
, may be satisfied by
consultation carried out, and changes made, before this section comes into
force.
The Town and Country Planning (General Permitted Development) (England)
Order 2015 (S.I. 2015/596) is amended as follows.
In paragraph B.1 of Part 11 of Schedule 2 (permitted development rights: the building is designated as an asset of community value
heritage and demolition), after sub-paragraph (e) insert—
“(f)
under the Localism Act 2011.”
“Part 1A Strategic plan-making
Strategic planning authorities and strategic planning boards
12A Spatial development strategy to be produced by strategic planning
authorities(1)
This Part requires strategic planning authorities to prepare a document,
conforming to section 12D , known as a “spatial development strategy”.(2)
In this Part “strategic planning authority” means—
(a)
a strategic planning board (see section 12B );
(b)
a combined authority;
(c)
a combined county authority;
(d)
an upper-tier county council for an area no part of which forms
part of the area of a combined authority or a combined county authority;(e)
a unitary authority for an area—
(i)
that is in England, and
(ii)
no part of which forms part of the area of a combined
authority or a combined county authority.(3)
But a principal authority that is a constituent authority of a strategic
planning board is not a strategic planning authority for the purposes of this Part.(4)
In this Part “strategy area”, in relation to a spatial development
strategy, means—(a)
in the case of a strategic planning board, the area consisting
of the areas of the constituent authorities of the board;(b)
in the case of a combined authority, the area of the combined
authority;(c)
in the case of a combined county authority, the area of the
combined county authority;(d)
in the case of an upper-tier county council, the area of the
upper-tier county council;(e)
in the case of a unitary authority, the area of the unitary
authority.(5)
Any function of a strategic planning authority exercisable by or under
this Part by a principal authority is not a function to which either of the following provisions of the Local Government Act 1972 applies—(a)
section 101(1)(b);
(b)
section 101(5).
(6)
For provision about the spatial development strategy for London, see
(in particular) sections 334 to 343 of the Greater London Authority Act 1999.(7)
12B Strategic planning boards
(1)
This section applies where the Secretary of State considers that it is
desirable for a spatial development strategy to relate to an area consisting of the areas of two or more principal authorities.(2)
Subject to subsection (4) , the Secretary of State may by regulations
establish a joint committee of the authorities to exercise functions under this Part in relation to an area consisting of the areas of those authorities (the “constituent authorities”).(3)
Such a committee is to be known as a “strategic planning board”.
(4)
The Secretary of State may make regulations under subsection (2) establishing a strategic planning board only after consulting the following on a draft of the proposed regulations—
(a)
the principal authorities that are to be the constituent authorities
of the board,(b)
any local planning authority for an area that is wholly or partly
within, or adjoins, the area of any of those authorities, and(c)
the person responsible for preparing a spatial development
strategy for an area that adjoins the area of any of those authorities.(5)
Where the Secretary of State is considering whether to, or has decided
to, establish a strategic planning board, the Secretary of State may direct the principal authorities that are to be the constituent authorities of the board not to take any step, or any further step, or not to take a step specified in the direction, in connection with the preparation of their own spatial development strategies.12C Regulations about strategic planning boards
(1)
Strategic planning board regulations that establish a strategic planning
board must specify—(a)
the constituent authorities of the board, and
(b)
the area in relation to which the board exercises functions
under this Part.(2)
Strategic planning board regulations may make provision about—
(a)
the composition of a strategic planning board (including about
the appointment of members to the board or any sub-committee of the board);(b)
the proceedings of a strategic planning board and of any
sub-committee of the board (including provision about voting rights);(c)
such other matters as the Secretary of State considers are
necessary or expedient to facilitate the exercise by a strategic planning board of its functions under this Part.(3)
(a)
corresponding to provisions relating to joint committees in Part
6 of the Local Government Act 1972;(b)
applying (with or without modifications) such enactments
relating to local authorities as the Secretary of State considers appropriate;(c)
requiring the making by a constituent authority of payments
towards the costs of the strategic planning board;(d)
modifying the application of this Part in relation to a strategic
planning board.(4)
(a)
a county council;
(b)
a district council;
(c)
a London borough council.
(5)
If strategic planning board regulations establishing a strategic planning
board are annulled in pursuance of a resolution of either House of Parliament, the strategic planning board is dissolved with effect from the date of the resolution.(6)
The Secretary of State’s power to make strategic planning board
regulations that amend or revoke other strategic planning board regulations—(a)
is exercisable whether or not the constituent authorities of the
strategic planning board in question request an amendment or revocation;(b)
is exercisable only after the Secretary of State has consulted
the following on a draft of the proposed regulations—(i)
the strategic planning board in question,
(ii)
the constituent authorities of that board,
(iii)
any local planning authority for an area that is wholly
or partly within, or adjoins, the area of any of those authorities, and(iv)
the person responsible for preparing a spatial
development strategy for an area that adjoins the area of any of those authorities.(7)
(8)
Contents of spatial development strategy
12D Contents of spatial development strategy
(1)
A spatial development strategy must include a statement of the
strategic planning authority’s policies (however expressed), in relation to the development and use of land in the strategy area, which are of strategic importance to that area.(2)
A spatial development strategy must include a reasoned justification
for the policies referred to in subsection (1) .(3)
A spatial development strategy must specify the period for which it
is to have effect.(4)
A spatial development strategy may specify or describe infrastructure
the provision of which the strategic planning authority considers to be of strategic importance to the strategy area for the purposes of—(a)
supporting or facilitating development in that area,
(b)
mitigating, or adapting to, climate change, or
(c)
promoting or improving the economic, social or environmental
well-being of that area.(5)
A spatial development strategy may specify or describe—
(a)
an amount or distribution of housing (of any kind), the
provision of which the strategic planning authority considers to be of strategic importance to the strategy area;(b)
an amount or distribution of affordable housing or any other
kind of housing, the provision of which the strategic planning authority considers to be of strategic importance to the strategy area.(6)
(7)
A spatial development strategy must—
(a)
list any chalk streams identified in the strategy area,
(b)
identify the measures to be taken to protect any identified chalk
streams from pollution, abstraction, encroachment and other forms of environmental damage, and(c)
impose responsibilities on strategic planning authorities in
relation to the protection and enhancement of chalk stream habitats.(8)
The Secretary of State may prescribe further matters a spatial
development strategy may, or must, deal with.(9)
A spatial development strategy must contain such diagrams,
illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed.(10)
A spatial development strategy may make different provision for
different cases or for different parts of the strategy area.(11)
A spatial development strategy must prioritise development on
brownfield land and urban densification.(12)
A spatial development strategy must seek to increase sustainability
and community building by minimising travel distances between places of employment, residence and commercial or leisure activities.(13)
A spatial development strategy must be designed to secure that the
use and development of land in the strategy area contribute to the mitigation of, and adaptation to, climate change.(14)
A spatial development strategy must take account of any local nature
recovery strategy, under section 104 of the Environment Act 2021, that relates to any part of the strategy area, including in particular—(a)
the areas identified in the strategy as areas which—
(i)
are, or could become, of particular importance for
biodiversity, or(ii)
are areas where the recovery or enhancement of
biodiversity could make a particular contribution to other environmental benefits,(b)
the priorities set out in the strategy for recovering or enhancing
biodiversity, and(c)
the proposals set out in the strategy as to potential measures
relating to those priorities.(15)
A spatial development strategy must not—
(a)
include anything that is not permitted or required by or under
the preceding provisions of this section,(b)
specify particular sites where development should take place,
or(c)
be inconsistent with or (in substance) repeat any national
development management policy.(16)
The Secretary of State may prescribe—
(a)
the form of a spatial development strategy;
(b)
documents that must accompany a spatial development
strategy.(17)
In subsection (5) “affordable housing” means—
(a)
social housing within the meaning of Part 2 of the Housing
and Regeneration Act 2008, and(b)
any other description of housing that may be prescribed.
Spatial development strategy timetable
12E Timetable for preparing spatial development strategy
(1)
A strategic planning authority must prepare and maintain a document
relating to its spatial development strategy, known as a “spatial development strategy timetable”.(2)
A spatial development strategy timetable must specify—
(a)
the strategy area, and
(b)
a timetable for the preparation of the strategy that is consistent
with this Part and any regulations made under it.(3)
The Secretary of State may prescribe—
(a)
the form and content of a spatial development strategy
timetable;(b)
further matters the timetable must deal with.
12F Spatial development strategy timetable: further provision
(1)
A strategic planning authority must submit its draft spatial
development strategy timetable to the Secretary of State within such period as may be prescribed.(2)
The Secretary of State may direct the strategic planning authority to
make specified amendments to the draft timetable.(3)
If the Secretary of State has not given such a direction to the strategic
planning authority within the period of four weeks beginning with the date when the timetable was sent to the Secretary of State, the strategic planning authority may bring the timetable into effect.(4)
A strategic planning authority to which a direction under subsection (2) is given—
(a)
must submit a revised draft spatial development strategy
timetable to the Secretary of State within the period specified in the direction, and(b)
may bring the timetable into effect only when the Secretary of
State approves the timetable as revised in accordance with that direction or any further direction under subsection (2) .(5)
If a strategic planning authority—
(a)
does not comply with subsection (1) , or
the Secretary of State may prepare a spatial development strategy timetable and direct the strategic planning authority to bring it into effect.
(6)
(7)
To bring a spatial development strategy timetable into effect, a strategic
planning authority must publish it, together with a statement that the timetable has effect.(8)
A strategic planning authority must comply with a spatial development
strategy timetable that has effect.(9)
The Secretary of State may by regulations make provision as to when,
or the circumstances in which, a strategic planning authority must revise a spatial development strategy timetable that has effect.(10)
Regulations under subsection (9) —
(a)
may provide that revisions of a spatial development strategy
timetable must be approved by the Secretary of State;(b)
may confer a power to direct that a timetable is to be revised
or that revisions require the approval of the Secretary of State.Preparation and adoption of spatial development strategy
12G Preparation of draft spatial development strategy
(1)
A strategic planning authority must prepare a draft of its spatial
development strategy.(2)
In doing so, a strategic planning authority must have regard to—
(a)
any strategy, plan or policy published by the strategic planning
authority that the strategic planning authority considers to be relevant,(b)
the effect which the proposed spatial development strategy
would have on each of the following—(i)
the health of persons in the strategy area;
(ii)
health inequalities between persons living in the strategy
area;(iii)
the achievement of sustainable development;
(c)
the need to ensure that the strategy is consistent with current
national policies;(d)
any other prescribed matters.
(3)
12H Consultation and representations
(1)
A strategic planning authority that has prepared a draft spatial
development strategy must—(a)
publish the draft strategy on the authority’s website,
(b)
notify the persons specified in subsection (2) that the draft
strategy has been published on the authority’s website, and(c)
make copies of the draft strategy available for inspection at the
authority’s principal office and at any other place that the authority considers appropriate.(2)
(a)
the Secretary of State,
(b)
any county council for an area that is within, or any part of
which is within, the strategy area,(c)
any district council for an area that is within the strategy area,
(d)
any county council or district council for an area that adjoins
the strategy area and is affected by the strategy,(e)
any local planning authority for an area that is wholly or partly
within, or adjoins, the strategy area and is affected by the strategy,(f)
the person responsible for preparing a spatial development
strategy for an area that adjoins the strategy area and is affected by the strategy,(g)
such other persons as may be prescribed, and
(h)
such other persons as the strategic planning authority considers
appropriate.(3)
In exercising its discretion under subsection (2) (h) the strategic planning
authority must consider notifying (at least) the following about the publication of the draft spatial development strategy—(a)
voluntary bodies some or all of whose activities benefit the
whole or part of the strategy area,(b)
bodies which represent the interests of different racial, ethnic
or national groups in the strategy area,(c)
bodies which represent the interests of different religious
groups in the strategy area, and(d)
bodies which represent the interests of different persons
carrying on business in the strategy area.(4)
Where a strategic planning authority—
the authority must also publish or make available a statement inviting representations to be made to the authority about the strategy.
(5)
(6)
(7)
Representations must be made—
(a)
in the prescribed form and manner;
(b)
within the prescribed period.
(8)
In subsection (1) —
(a)
references to a strategic planning authority’s website include
references to the website of a constituent authority of a strategic planning board;(b)
the reference to a strategic planning authority’s principal office
includes a reference to the principal office of a constituent authority of a strategic planning board.12I Public examination
(1)
A strategic planning authority that has prepared a draft spatial
development strategy must, unless the Secretary of State otherwise directs, make arrangements for an examination of the draft strategy to be held in public.(2)
Such an examination is to be conducted by a person appointed by the
Secretary of State (the “examiner”).(3)
The matters examined at an examination are to be such matters
affecting the consideration of the spatial development strategy as the examiner considers appropriate.(4)
The following may take part in an examination—
(a)
the strategic planning authority that prepared the strategy, and
(b)
any person invited to do so by the examiner.
(5)
No person is to have a right to be heard at an examination.
(6)
On conclusion of the examination, the examiner must make a report
to the strategic planning authority that prepared the strategy.(7)
The report may recommend that specified modifications are made to
the draft strategy before it is adopted.(8)
The report may recommend that the draft strategy is withdrawn.
(9)
The strategic planning authority must publish the report.
12J Withdrawal before adoption
(1)
A strategic planning authority may withdraw its draft spatial
development strategy at any time before arrangements are made for its examination.(2)
Subsection (3) applies at any time after arrangements have been made
for examination of a draft spatial development strategy (but before it is adopted).(3)
The strategic planning authority that prepared the draft strategy may
withdraw it only if—(a)
the Secretary of State so directs, or
(b)
the examiner recommends that it is withdrawn, and the
Secretary of State has not directed that it is not to be withdrawn.(4)
The steps taken by a strategic planning authority to withdraw a draft
strategy must include—(a)
deleting the strategy from the website on which it was
published;(b)
removing copies of the strategy that were made available for
inspection;12K Submission to Secretary of State before adoption
(1)
This section applies where—
(a)
a draft spatial development strategy has been published under
section 12H ,(c)
either—
(i)
(d)
the draft strategy has not been withdrawn (see section 12J ).
(2)
The strategic planning authority must—
(a)
(b)
if an examination was held, consider the examiner’s report and
decide whether to make any modifications that the examiner recommends, and(c)
consider whether to make any other modifications to take
account of—(i)
any national development management policies so far
as material, or(ii)
any other material considerations.
(3)
After such consideration and (if considered appropriate) modification,
the strategic planning authority must submit the draft spatial development strategy to the Secretary of State, stating that the authority intends to adopt it.(4)
The strategic planning authority must inform the Secretary of State
of—(a)
any modifications made to the published draft strategy, and
the reasons for making them;(b)
any modifications to the published draft strategy that the
examiner recommended but which the authority has not made, and the reasons for not making them.(5)
If the Secretary of State considers that a submitted spatial development
strategy is—(a)
inconsistent with current national policies, or
(b)
detrimental to the interests of an area outside the strategy area,
the Secretary of State may, within the relevant period, direct the strategic planning authority to make specified modifications of the strategy in order to deal with the inconsistency or detriment.
(6)
In this section “the relevant period”, in relation to a spatial
development strategy, means—(a)
the period of six weeks beginning with the date when the
strategy was submitted to the Secretary of State, or(b)
such longer period as is specified by the Secretary of State in
a direction given within the period specified in paragraph (a) to the authority that submitted the strategy.12L Adoption of spatial development strategy
(1)
(2)
A spatial development strategy must not be adopted by a strategic
planning authority unless—(b)
the authority has complied with any requirement of regulations
under this Part for steps to be taken, or a period to elapse, before a strategy may be adopted, and(3)
A strategic planning authority must hold a vote on a resolution to
adopt its spatial development strategy as soon as reasonably practicable after the conditions in subsection (2) are satisfied.(4)
Subsection (5) applies in relation to the adoption of a spatial
development strategy by—(a)
a mayoral combined authority, or
(b)
a mayoral combined county authority.
(5)
In the event of a tied vote on whether to pass a resolution to adopt
the strategy, the mayor of the authority has a casting vote (in addition to any other vote the mayor may have).(6)
A strategic planning authority that has adopted a spatial development
strategy must publish the strategy together with a statement that it has been adopted.(7)
A spatial development strategy becomes operative when it is published.
Review, alteration and replacement of spatial development strategy
12M Review and monitoring
(1)
This section applies in relation to an operative spatial development
strategy.(2)
A strategic planning authority must keep under review the matters
which may be expected to affect the development of the strategy area or the planning of its development or which are otherwise relevant to the content of the strategy.(3)
In exercising functions under subsection (2) , a strategic planning
authority must—(a)
if the authority identifies matters to be kept under review that
relate to the area of a local planning authority that is outside the strategy area, consult that local planning authority about those matters;(b)
if the authority identifies matters to be kept under review that
relate to the area of a person responsible for preparing a spatial development strategy that is outside the strategy area, consult that person about those matters.(4)
A strategic planning authority must carry out a review of its spatial
development strategy from time to time.(5)
The Secretary of State may direct a strategic planning authority to
review all or specified parts of its spatial development strategy.(6)
A strategic planning authority must—
(a)
monitor the implementation of its spatial development strategy,
and(b)
monitor, and collect information about, matters relevant to the
preparation, review, alteration, replacement or implementation of the strategy.(7)
The Secretary of State may make regulations imposing either or both
of the following duties on each strategic planning authority that has an operative spatial development strategy—(a)
a duty to make prescribed information relating to the
implementation of the authority’s strategy available to the public in such form and manner as may be prescribed;(b)
a duty to provide prescribed information relating to the
implementation of the authority’s strategy to the Secretary of State in such form and manner as may be prescribed.12N Alterations
(1)
This section applies in relation to an operative spatial development
strategy.(2)
A strategic planning authority may at any time prepare alterations of
its strategy.(3)
The Secretary of State may direct a strategic planning authority to
alter its spatial development strategy as specified in the direction.(4)
The Secretary of State may by regulations make provision as to when,
or the circumstances in which, a strategic planning authority must alter its spatial development strategy.(5)
A spatial development strategy as altered must still conform to section 12D .
(6)
12O Replacement
(1)
This section applies in relation to an operative spatial development
strategy.(2)
A strategic planning authority may at any time prepare a new spatial
development strategy as a replacement.(3)
The Secretary of State may direct a strategic planning authority to
replace its spatial development strategy.(4)
The Secretary of State may by regulations make provision as to when,
or the circumstances in which, a strategic planning authority must replace its spatial development strategy.(5)
A strategic planning authority’s operative spatial development strategy
is revoked upon a new spatial development strategy being adopted by the authority in accordance with this Part.Secretary of State’s intervention powers in relation to spatial development strategy
12P Powers where strategic planning authority is failing etc
(1)
This section applies if the Secretary of State considers that—
(a)
a strategic planning authority is failing to do anything it is
necessary or expedient for it to do in connection with the preparation, adoption, alteration, replacement or review of a spatial development strategy,(b)
a spatial development strategy is, is going to be or may be—
(i)
inconsistent with current national policies, or
(ii)
detrimental to the interests of an area outside the
strategy area, or(c)
a proposed alteration of a spatial development strategy will,
or may, result in the strategy becoming—(i)
inconsistent with current national policies, or
(ii)
detrimental to the interests of an area outside the
strategy area.(2)
The Secretary of State may—
(a)
if the strategy is not operative, take over preparation of the
strategy from the strategic planning authority;(b)
if the strategy is operative, alter the strategy;
(c)
give a direction to the strategic planning authority in relation
to the preparation, adoption, withdrawal, alteration, replacement, review or revocation of the strategy.(3)
The power of direction under subsection (2) (c) includes power to direct
a strategic planning authority—(a)
to modify or withdraw its draft spatial development strategy;
(b)
to alter or revoke its (operative) spatial development strategy.
(4)
(5)
The Secretary of State must publish a document setting out—
(a)
the timetable for preparing the strategy, and
(b)
details of any departures from any existing spatial development
strategy timetable.(6)
The Secretary of State must (or, if an examination of the draft strategy
has already been held, may)—(a)
make arrangements for an examination of the draft strategy to
be held in public, or(b)
direct the strategic planning authority to make arrangements
for an examination of the draft strategy under section 12I .(7)
(8)
The Secretary of State must either—
(a)
publish the examiner’s report, or
(b)
direct the strategic planning authority to publish it.
(9)
The Secretary of State may then—
(a)
approve the strategy,
(b)
modify the strategy and approve it with the modifications,
(c)
direct the strategic planning authority to consider adopting—
(i)
the strategy, or
(ii)
the strategy as modified by the Secretary of State, or
(d)
reject the strategy.
(10)
If the Secretary of State gives a direction under subsection (9) (c) , section 12L applies with the omission of subsections (1) and (2) of that section
(and as if the reference in subsection (3) of that section to the conditions in subsection (2) being satisfied were a reference to the direction being received).(11)
If the Secretary of State approves a spatial development strategy under
subsection (9) (a) or (b) , the Secretary of State must either—(a)
publish the strategy, or
(b)
direct the strategic planning authority to publish it.
(12)
The spatial development strategy becomes operative when it is
published.(13)
(14)
The Secretary of State must give reasons for—
(a)
whatever the Secretary of State does under subsection (2) ;
(b)
the decision made under subsection (9) .
(15)
In the exercise of any function under this section the Secretary of
State—(a)
may take account of any matter that the Secretary of State
considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority), and(b)
must have regard to—
(i)
the spatial development strategy timetable, and
(ii)
the local plan timetable prepared by a local planning
authority for an area that is wholly or partly within the strategy area.(16)
12Q Power to approve strategy where adoption resolution not passed
(1)
This section applies in the event of a vote by a strategic planning
authority against passing a resolution to adopt a spatial development strategy.(2)
The Secretary of State may, if the Secretary of State considers it
appropriate—(a)
approve the strategy, or
(b)
modify the strategy and approve it with the modifications.
(3)
The powers in subsection (2) are exercisable—
(a)
on the Secretary of State’s own initiative, or
(b)
in the case of a strategy prepared by a mayoral combined
authority or a mayoral combined county authority, if the mayor of the authority requests the Secretary of State to exercise those powers.(4)
The function of making a request as mentioned in subsection (3) (b) is
exercisable only by the mayor (and may not be the subject of arrangements under section 107D(3) of the Local Democracy, Economic Development and Construction Act 2009 or section 30(3) of the Levelling-up and Regeneration Act 2023).(5)
The Secretary of State must give reasons to the strategic planning
authority or (as the case may be) the mayor of the strategic planning authority—(a)
for anything the Secretary of State does under subsection (2) , or
(b)
if the Secretary of State declines to approve the strategy, for
that decision.(6)
If the Secretary of State approves a spatial development strategy under
subsection (2) the Secretary of State must either—(a)
publish the strategy, or
(b)
direct the strategic planning authority to publish it.
(7)
The spatial development strategy becomes operative when it is
published.(8)
In making a decision under this section the Secretary of State may
take account of any matter that the Secretary of State considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority).12R Liability for Secretary of State’s costs of intervention
(1)
(2)
Where the strategic planning authority is a strategic planning board,
subsection (1) is to be read as giving power for the Secretary of State to require reimbursement of such expenditure from the constituent authorities of the board in such proportions as the Secretary of State considers just and reasonable.12S Temporary direction pending possible use of intervention powers
(1)
If the Secretary of State is considering whether to take action under
section 12P in relation to a spatial development strategy, the Secretary of State may direct the strategic planning authority responsible for the strategy not to take any step, or not to take a step specified in the direction, in connection with the strategy—(a)
until a time or event (if any) specified in the direction, or
(b)
until the direction is revoked.
(2)
A spatial development strategy to which such a direction relates is
not operative while the direction is in force.(3)
A direction given under this section in relation to a strategy ceases to
have effect if the Secretary of State—Supplementary
12T Supplementary etc provision in connection with regulations about
strategic planning boards(1)
The Secretary of State may by regulations make supplementary,
incidental, transitional, transitory or saving provision for the purposes of strategic planning board regulations.(2)
Where, immediately before strategic planning board regulations
establishing a strategic planning board come into force, a spatial development strategy is operative in relation to the area of a principal authority that is to be a constituent authority of the board, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of the strategic planning board.(3)
Where a strategic planning board has an operative spatial development
strategy immediately before strategic planning board regulations that revoke the regulations that established that board come into force, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of a prescribed principal authority or authorities.(4)
12U Regulations
(1)
The Secretary of State may by regulations make provision in connection
with the exercise by any person of a function conferred by or under this Part.(2)
The regulations may (among other things) make provision as to—
(a)
(b)
(c)
the supply of information or documents to the Secretary of
State by a strategic planning authority for the purposes of any decision that the Secretary of State may make under this Part;(d)
the determination of the time by or at which anything must
be done for the purposes of this Part;(e)
the manner of publication of any document required to be
published under this Part;(f)
the making of reasonable charges for the provision of copies
of documents required by or under this Part.(3)
Regulations under this Part may make different provision for different
areas.12V Directions
(1)
A direction given to a strategic planning authority under this Part
may—(a)
require the authority to do specified things by specified dates;
(b)
require the authority to keep the Secretary of State informed
at specified intervals of the progress being made towards doing what the authority is directed to do.(2)
A direction under this Part must be given in writing.
(3)
A direction under this Part may be varied or revoked by notice in
writing to the strategic planning authority to which it was given.(4)
A direction under this Part must be published.
12W Meaning of “spatial development strategy” etc
(1)
In this Part “spatial development strategy” means, as the context
requires—(a)
a strategy adopted by a strategic planning authority under
section 12L ,(b)
(c)
a strategy in preparation by a strategic planning authority in
accordance with this Part.(2)
(a)
“spatial development strategy” includes—
(i)
the spatial development strategy for London,
(ii)
a spatial development strategy adopted by a combined
authority in accordance with regulations under section 105A of the Local Democracy, Economic Development and Construction Act 2009, and(iii)
a spatial development strategy adopted by a combined
county authority in accordance with regulations under section 19 of the Levelling-up and Regeneration Act 2023; and(b)
“person responsible for preparing a spatial development
strategy” is to be read accordingly.(3)
12X Interpretation
(1)
In this Part—
“
combined authority” means a combined authority established
under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009;“
combined county authority” means a combined county authority
established under section 9(1) of the Levelling-up and Regeneration Act 2023;“
constituent authority”, in relation to a strategic planning board,
is to be construed in accordance with section 12B ;“
examination” means an examination in public of a draft spatial
development strategy as set out in section 12I , and “examiner” is to be construed accordingly;“
mayoral combined authority” has the meaning given by section
107A(8) of the Local Democracy, Economic Development and Construction Act 2009;“
mayoral combined county authority” has the meaning given by
section 27(8) of the Levelling-up and Regeneration Act 2023;“
national development management policy” must be construed
in accordance with section 38ZA;“
spatial development strategy for London” means the strategy
adopted by the Mayor of London under Part 8 of the Greater London Authority Act 1999;“
spatial development strategy timetable” has the meaning given
by section 12E ;“
strategic planning authority” has the meaning given by section 12A ;“
strategic planning board” has the meaning given by section 12B ;“
unitary authority” means—(a)
a county council for an area that does not include the
areas of district councils, or(b)
a district council for an area that does not form part of
the area of a county council;“
upper-tier county council” means a county council for an area
that includes the areas of district councils.(2)
In this Part—
(a)
“local planning authority” has the same meaning as in Part 2
(see section 15LF);(b)
references to a local planning authority’s area are to the area
for which they are the local planning authority in accordance with that Part.”
In section 334 of the Greater London Authority Act 1999—
in subsection (2A) (as inserted by section 95(2) of the Levelling-up
and Regeneration Act 2023) omit paragraph (b) (and the “and” at the
end of paragraph (a));
in subsection (2D) (also inserted by section 95(2) of that Act) omit
paragraph (b) (and the “but” at the end of paragraph (a)).
Schedule 2
makes minor and consequential amendments in connection with
subsection
(1)
.
The Secretary of State may by regulations by statutory instrument make
provision that is consequential on subsection
(1)
.
Regulations under subsection
(4)
may amend an Act passed before the end
of the session of Parliament in which this Act is passed.
Regulations under subsection
(4)
may include incidental, supplemental,
transitional and saving provision.
A statutory instrument containing (whether alone or with other provision)
regulations made in reliance on subsection
(5)
may not be made unless a draft
of the statutory instrument containing them has been laid before, and approved
by a resolution of, each House of Parliament.
Any other statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.
An environmental delivery plan is a plan prepared by Natural England, and
made by the Secretary of State, that sets out, in relation to development to
which it applies—
the environmental features that are likely to be negatively affected by
the development,
the conservation measures that are to be taken by or on behalf of
Natural England in order to protect those environmental features,
the amount of the nature restoration levy payable by developers to
Natural England to cover the cost of those conservation measures (see
sections 64
and
74
to
83
), and
the environmental obligations in relation to development that are
discharged, disapplied or otherwise modified if a developer pays the
nature restoration levy in relation to the development (see section
74
and
Schedule 3
).
In this Part —
sections 62
to
65
make provision about the required contents of an
environmental delivery plan;
sections 69
to
73
make provision about reporting on, amending,
revoking and challenging an environmental delivery plan.
In this Part , an “EDP” means an environmental delivery plan.
An EDP must specify the development to which it applies by reference to—
the area in which the development may be undertaken (the
“development area”), and
the kind of development.
The development area must be an area in—
England, or
the waters adjacent to England up to the seaward limits of the
territorial sea.
An EDP may—
provide that it does not apply to development in specified areas within
the development area, or
specify as the development area an area that is comprised of separate
parcels of land.
An EDP must—
include a map showing the boundaries of the development area, and
set out the reasons for its application to the development area and,
where relevant, the reasons for excluding any area under
subsection
(3)
(a)
.
An EDP must specify the maximum amount of development to which it may
apply.
The maximum amount of development may be specified in any way that
Natural England considers appropriate, which may, for example, be by
reference to—
the area covered by the development,
measurements of floor space,
numbers of buildings or of units within buildings,
values or expected values, or
in the case of development that is a nationally significant infrastructure
project within the meaning of the
Planning Act 2008
, any measurement
of the scale of the project that is used for the purposes of
Part 3
of
that Act
.
An EDP must specify—
the date on which it comes into force (the “EDP start date”), and
the date on which it expires (the “EDP end date”), which must be
before the end of the period of ten years beginning with the EDP start
date.
An EDP must identify—
one or more environmental features which are likely to be negatively
affected by development to which the EDP applies, and
one or more ways in which that negative effect is likely to be caused
by the development (the “environmental impact”).
But an EDP need not identify all of the possible environmental impacts on an environmental feature.
An environmental feature identified in an EDP may be—
a protected feature of a protected site, or
a protected species.
An environmental impact identified in an EDP may only affect nutrient
neutrality, water quality, water resource or air quality.
An EDP must set out the measures (“conservation measures”) that are to be
taken by, or on behalf of, Natural England, under the EDP in order to—
address the environmental impact of development on the identified
environmental feature, and
An EDP must set out the anticipated sequencing of the implementation of
the conservation measures by reference to the development to which the EDP
applies.
Where an identified environmental feature is a protected feature of a protected
site that is wholly in England, the EDP may set out conservation measures
that do not directly address the environmental impact of development on
that feature at that site but instead seek to improve the conservation status
of the same feature elsewhere.
But an EDP may include conservation measures of the type mentioned in
subsection
(6)
only if Natural England considers that such measures would
make a greater contribution to the improvement of the conservation status
of the feature than measures that address the environmental impact of
development on the feature at the protected site itself.
An EDP must include conservation measures that are not, at the time the
EDP is made, expected to be needed but which must be implemented in the
circumstances set out in the EDP.
An EDP must state—
how much the conservation measures are expected to cost, and
how the conservation measures are to be maintained,
over the period covered by the EDP or, if longer, the period for which the conservation measures are likely to be required to address the environmental impact of development.
A conservation measure may take the form of a request, by Natural England,
that a condition of development be imposed (see
section 97
).
In this section—
“
England” includes—
the waters adjacent to England up to the seaward limits of the
territorial sea, and
the English offshore region;
“
English offshore region” has the same meaning as in the Marine and
Coastal Access Act 2009 (see section 322(1) of that Act);
An EDP must include one or more charging schedules which set out the rates
or other criteria by reference to which the amount of nature restoration levy
is to be determined for each kind of development to which the EDP applies.
Each charging schedule must relate to an environmental impact of
development on an identified environmental feature.
An EDP must describe the conservation status of each identified environmental
feature as at the EDP start date.
An EDP must set out—
why Natural England considers the conservation measures to be
appropriate,
Natural England’s opinion on how the conservation measures will
enable the EDP to pass the overall improvement test, and
what alternatives to the conservation measures were considered by
Natural England and why they were not included.
Where an EDP includes conservation measures of the type mentioned in
section
63
(6)
(network conservation measures), it must state how, in the
opinion of Natural England, the measures comply with the requirement in
section
63
(7)
(network measure to make a greater contribution to improvement
of conservation status of the feature than onsite measure).
Where an EDP identifies a protected species as an environmental feature, the
EDP must set out the terms of the licence that will be treated as having been
granted under paragraph
4
,
5
or
6
of
Schedule 3
.
An EDP must specify the terms that must be incorporated into a licence
under—
regulation 55 of the Habitats Regulations 2017,
section 16 of the Wildlife and Countryside Act 1981, or
section 10 of the Protection of Badgers Act 1992,
that may be granted to Natural England to facilitate the carrying out of any conservation measures.
An EDP must include an overview of any other measures (in addition to the
conservation measures set out in the EDP) that are being taken or are likely
to be taken by Natural England or another public authority with the aim of
improving the conservation status of each identified environmental feature.
The Secretary of State may make regulations setting out further information
that must be included, or matters that must be dealt with, in an EDP.
When Natural England decides to prepare an EDP, it must—
notify the Secretary of State of that decision, and
publish the notification given to the Secretary of State.
After preparing a draft EDP, Natural England must publish the draft for
public consultation and seek the views of the following—
the Environment Agency,
the Joint Nature Conservation Committee,
any local planning authority for an area that is wholly or partly within
the development area,
any local highway authority for an area that is wholly or partly within
the development area,
any strategic highways company for an area that is wholly or partly
within the development area,
Network Rail Limited, if the development area includes all or part of
its network,
the Mayor of London, if all or part of the development area is in
Greater London,
if the development area includes all or part of the area of a mayoral
combined authority, the mayor of the authority,
if the development area includes all or part of the area of a mayoral
combined county authority, the mayor of the authority,
the Marine Management Organisation, if all or part of the development
area is in the waters adjacent to England,
if an environmental feature identified in the draft EDP is a protected
feature of a protected site that is wholly or partly in Wales, the Natural
Resources Body for Wales and the Welsh Ministers,
if an environmental feature identified in the draft EDP is a protected
feature of a protected site that is wholly or partly in Scotland, Scottish
Natural Heritage and the Scottish Ministers,
any other public authority Natural England considers should be
consulted, and
any other public authority specified in regulations made by the
Secretary of State.
The Secretary of State may by regulations require a public authority specified
in the regulations to respond to the consultation within the consultation
period.
Natural England need not have regard to any consultation responses received
after the end of the consultation period.
The consultation period is the period of 28 working days beginning with the
day on which the draft EDP is published for consultation, or such longer
period as is specified in regulations made by the Secretary of State.
If, after considering the responses to the consultation, Natural England amends
the draft EDP, it may (but is not obliged to) reconsult.
In this section—
“
local highway authority” has the meaning given by section 329(1) of
the Highways Act 1980;
“
mayoral combined authority” has the meaning given by section 107A(8)
of the Local Democracy, Economic Development and Construction
Act 2009;
“
mayoral combined county authority” has the meaning given by section
27(8) of the Levelling-up and Regeneration Act 2023;
“
network” has the meaning given by section 83(1) of the Railways Act
1993;
“
strategic highways company” has the meaning given by section 329(1)
of the Highways Act 1980.
In this section, the references to Wales and Scotland include the waters
adjacent to them up to the seaward limits of the territorial sea.
After complying with
section 66
, Natural England may send a draft of the
EDP to the Secretary of State to be made.
When providing the Secretary of State with a draft EDP, Natural England
must also provide to the Secretary of State—
copies of all responses to the consultation, and
Natural England’s response to the consultation and details of any
further consultation.
The Secretary of State may make the EDP only if the Secretary of State
considers that the EDP passes the overall improvement test.
An EDP passes the overall improvement test if, by the EDP end date, the
effect of the conservation measures will materially outweigh the negative
effect of the EDP development on the conservation status of each identified
environmental feature.
The Secretary of State may request further information from Natural England
in order to decide whether to make an EDP.
If the Secretary of State decides not to make an EDP, the Secretary of State
must publish a notice of the decision that sets out the reasons for the decision.
After the Secretary of State makes an EDP, the Secretary of State must—
publish the EDP, or
direct Natural England to publish it.
The EDP must be published before the end of the period of 28 days beginning
with the day on which the Secretary of State makes the EDP.
The EDP start date must not be before the date on which the EDP is published.
Natural England must publish—
a report on an EDP covering the period from the EDP start date to
the EDP midpoint, and
a report on an EDP covering the period from the EDP midpoint to
the EDP end date.
If an EDP is revoked (see section 71 )—
where the EDP is revoked before the EDP midpoint, Natural England
must publish a report covering the period beginning with the EDP
start date and ending with the revocation date (instead of publishing
the reports under
subsection (1)
);
where the EDP is revoked after the EDP midpoint, Natural England
must publish a report covering the period beginning with the EDP
midpoint and ending with the revocation date (instead of publishing
the report under
subsection (1)
(b)
).
Natural England may publish a report on an EDP at any other time.
the amounts of nature restoration levy received by Natural England
under the EDP;
whether the conservation measures have been implemented and if
not, why not;
whether the conservation measures are having, or have had, their
intended effect;
whether the rates or other criteria set out in each charging schedule
have been amended or are expected to be amended;
whether anything else in the EDP has been amended or is expected
to be amended.
an assessment of whether the EDP has passed the overall improvement
test, and
A report under subsection (2) (revocation report) must also include—
an assessment of whether the EDP would be likely to pass the overall
improvement test if it were not being revoked, but reading section
67
as if—
the reference in subsection
(5)
to the maximum amount of
development to which the EDP may apply were a reference to
all of the development in respect of which a developer has
paid or will pay the nature restoration levy despite the EDP’s
revocation;
if the assessment is that the EDP would be unlikely to pass the test,
the extent to which those conservation measures are likely to fail to
outweigh the negative effect of that development.
Natural England must have regard to guidance issued by the Secretary of
State about reports on an EDP.
In this section—
“
the EDP midpoint” means the point in time that falls halfway between
the EDP start date and the EDP end date;
The Secretary of State may amend an EDP—
on a request from Natural England, or
on the Secretary of State’s own initiative.
But an EDP may not be amended so that it no longer applies to development
in respect of which a developer has already committed to pay the nature
restoration levy under the EDP.
Where Natural England requests, or the Secretary of State is minded to make,
an amendment to an EDP that—
changes the development area to include a new area to which the EDP
does not currently apply, or
adds new conservation measures that are of a kind not currently
included in the EDP,
the Secretary of State must direct Natural England to consult on the EDP as proposed to be amended.
Where—
Natural England requests any other type of amendment, other than
an amendment only to a charging schedule, or
the Secretary of State is minded to make such an amendment,
the Secretary of State may direct Natural England to consult on the EDP as proposed to be amended.
Where the Secretary of State directs Natural England to consult, Natural
England must—
follow the consultation procedure set out in section 66 , and
provide to the Secretary of State—
copies of all responses to the consultation, and
Natural England’s response to the consultation and details of
any further consultation.
The Secretary of State may make an amendment to an EDP only if the
Secretary of State considers that the EDP as amended passes the overall
improvement test.
If the Secretary of State decides not to make an amendment when requested
to do so by Natural England, the Secretary of State must publish a notice of
the decision that sets out the reasons for the decision.
After the Secretary of State amends an EDP, the Secretary of State must—
publish the EDP as amended, or
direct Natural England to publish it.
The amended EDP must be published before the end of the period of 28 days
beginning with the day on which the Secretary of State makes the amendment.
The amendment must not come into effect before the date on which the
amended EDP is published.
The Secretary of State may revoke an EDP—
on a request from Natural England, or
on the Secretary of State’s own initiative.
The Secretary of State must revoke an EDP if the Secretary of State no longer
considers that the EDP passes the overall improvement test, unless Natural
England has proposed amendments under
section 70
which would, if made,
result in that test being passed.
If the Secretary of State decides not to revoke an EDP when requested to do
so by Natural England, the Secretary of State must publish a notice of the
decision that sets out the reasons for the decision.
The power to revoke an EDP includes a power—
to revoke different parts of the EDP at different times;
to revoke the EDP, or parts of the EDP, at different times in relation
to different developments.
Where the Secretary of State revokes an EDP, the Secretary of State must
publish a notice of revocation setting out—
the fact that the EDP has been revoked and the date of revocation (the
“EDP revocation date”),
where only part of the EDP is revoked or different parts of the EDP
are revoked at different times or in relation to different developments,
details of how the revocation is to take effect, and
the reasons for the revocation.
The Secretary of State must take such action (“remedial action”) as the
Secretary of State considers proportionate for the purpose of seeking to
materially outweigh the negative effect on the conservation status of the
identified environmental feature that is (or is likely to be) caused by the
environmental impact (as identified in the EDP in accordance with section
63
(1)
(b)
) of any development in respect of which a developer has paid or will
pay the nature restoration levy.
In deciding whether remedial action is proportionate, the Secretary of State
must take into account—
the extent of the negative effect on the conservation status of the
identified environmental feature,
the extent to which the remedial action would remedy that negative
effect, and
the cost of the remedial action.
Remedial action may include—
taking (or continuing to take) any conservation measures included in
the EDP, or directing another public authority to take (or continue to
take) such measures;
taking, or directing another public authority to take, any other
measures to improve the conservation status of the identified
environmental feature.
The Secretary of State must, before the end of the period of six months
beginning with the date on which the report mentioned in subsection
(1)
is
published, publish a statement setting out—
the remedial action that the Secretary of State intends to take, and
the effect that the remedial action is expected to have on the identified
environmental feature.
The Secretary of State must, before the end of the period of two years
beginning with the date on which the statement mentioned in subsection
(5)
is published, publish a report setting out—
the extent to which the remedial action has remedied the negative
effect mentioned in subsection
(2)
, and
If any measures taken by way of remedial action have not been fully
implemented by the time the report mentioned in subsection
(6)
is published—
that report must set out when the measures are expected to be fully
implemented, and
A court may entertain proceedings for questioning an EDP or anything done,
or omitted to be done, by the Secretary of State or Natural England in the
course of preparing an EDP only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed during the period of six weeks beginning with
the day on which the EDP is published (see
section 68
).
A court may entertain proceedings for questioning a decision of the Secretary
of State not to make an EDP only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of six weeks
beginning with the day on which the notice of the decision not to
make the EDP is published (see
section 67
(7)
).
A court may entertain proceedings for questioning an amendment to an EDP
only if—
the proceedings are brought by a claim for judicial review, and
A court may entertain proceedings for questioning a decision of the Secretary
of State not to make an amendment to an EDP only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of six weeks
beginning with either—
in any other case, the earlier of the day on which Secretary of
State publishes a notice of the decision not to amend the EDP
that sets out reasons for the decision and the day on which the
person bringing the proceedings had notice of that decision
and those reasons.
A court may entertain proceedings for questioning a revocation of an EDP
only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of six weeks
beginning with the day on which the notice of revocation is published
(see
section 71
(5)
).
A court may entertain proceedings for questioning a refusal by the Secretary
of State to revoke an EDP only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of six weeks
beginning with either—
in the case of a refusal to revoke an EDP on the request of
Natural England, the day on which the notice of the decision
not to revoke the EDP is published (see
section 71
(3)
), or
in any other case, the earlier of the day on which Secretary of
State publishes a notice of the decision not to revoke the EDP
that sets out reasons for the decision and the day on which the
person bringing the proceedings had notice of that decision
and those reasons.
A developer may make a request in writing to Natural England to pay the
nature restoration levy in relation to a development to which an EDP applies.
If a development to which a request relates has already commenced, Natural
England must have regard to any guidance issued by the Secretary of State
in deciding whether to accept the request.
Schedule 3
sets out how a commitment by a developer to pay the nature
restoration levy in relation to a development results in—
an environmental impact of development on a protected feature of a
protected site being disregarded for the purposes of obligations under
the Habitats Regulations 2017, the Wildlife and Countryside Act 1981
or the Marine and Coastal Access Act 2009;
a developer being treated as having been granted a licence under
regulation 55 of the Habitats Regulations 2017, section 16 of the
Wildlife and Countryside Act 1981 or section 10 of the Protection of
Badgers Act 1992.
An EDP may provide, in relation to a kind of development and kind of
environmental impact on an identified environmental feature, that payment
of the levy is mandatory, and if it does so—
in a case where the feature is a protected feature of a European site
or a Ramsar site, the developer does not have the option of ensuring
that any actions relating to the development comply with Part 6 of
the Habitats Regulations instead of paying the levy;
in a case where the feature is a protected feature of an SSSI, the
developer does not have the option of—
getting Natural England’s consent under section 28E of the
Wildlife and Countryside Act 1981 for operations mentioned
in that section, to the extent that the operations have that kind
of environmental impact on the identified environmental
feature, or
ensuring that any actions relating to the development comply
with section 28H or 28I of that Act,
instead of paying the levy;
in a case where the feature is a protected feature of a marine
conservation zone, the developer does not have the option of satisfying
the public authority determining an application relating to the
development of the matters mentioned in section 126(6) or (7) of the
Marine and Coastal Access Act 2009 instead of paying the levy;
in a case where the feature is a protected species, the developer does
not have the option of applying for a licence directly under regulation
55 of the Habitats Regulations 2017, section 16 of the Wildlife and
Countryside Act 1981 or section 10 of the Protection of Badgers Act
1992 (as the case may be) instead of paying the levy.
If an EDP makes provision as mentioned in subsection
(5)
, it must set out
the reasons why Natural England considers that to be necessary.
The Secretary of State may make regulations about the nature restoration levy
(“nature restoration levy regulations”).
In making the regulations, the Secretary of State must aim to ensure that the
overall purpose of the nature restoration levy is to ensure that costs incurred
in maintaining or improving the conservation status of environmental features
can be funded (wholly or partly) by developers in a way that does not make
development economically unviable.
Nature restoration levy regulations may make provision about liability to pay
the nature restoration levy in relation to a development, including—
who is liable to pay the levy, and
when liability to pay arises.
The regulations may in particular include provision about the assumption of
liability to pay the levy, such as—
how and when a person may assume liability;
withdrawal of assumption of liability;
cancellation of assumption of liability by Natural England.
The regulations may also include provision—
imposing liability to pay the nature restoration levy in relation to a
development—
where no person has assumed liability,
where an assumption of liability has been withdrawn or
cancelled, or
in other specified circumstances (such as the insolvency or
withdrawal of a person who has assumed liability);
about joint, several and partial liability and the liability of partnerships;
about the apportionment of liability, which may—
include provision for referral to a specified person or body for
determination, and
include provision for appeals;
about the transfer of liability.
The regulations may also make provision for Natural England to be permitted,
or required, to rescind its acceptance of a request by a developer to pay the
levy (see section
74
(1)
) in circumstances specified in the regulations, such that
the developer ceases to be committed to pay the nature restoration levy.
When considering the rates or other criteria to be set out in a charging
schedule (see section
64
(1)
) in the course of preparing an EDP, Natural
England must have regard, to the extent and in the manner specified by
nature restoration levy regulations, to—
the actual and expected costs of the conservation measures relating
to the environmental impact of development on the environmental
feature to which the charging schedule relates;
matters specified in the regulations relating to the economic viability
of development (which may include, in particular, actual or potential
economic effects of the grant of a consent for development or the
imposition of the levy);
other actual or expected sources of funding for those conservation
measures.
Nature restoration levy regulations may make other provision about rates or
other criteria.
The regulations may, in particular, permit or require Natural England—
to have regard, to the extent and in the manner specified by the
regulations, to actual or expected administrative expenses in connection
with an EDP;
to have regard, to the extent and in the manner specified by the
regulations, to values used or documents produced for other statutory
purposes;
to integrate the process, to the extent and in the manner specified by
the regulations, with processes undertaken for other statutory purposes;
to produce charging schedules having effect in relation to specified
periods (subject to revision).
The regulations may permit or require charging schedules to adopt specified
methods of calculation.
In particular, the regulations may—
permit or require charging schedules to operate by reference to
descriptions or purposes of development;
permit or require charging schedules to operate by reference to any
measurement of the amount or nature of development (whether by
reference to measurements of floor space, to numbers or intended uses
of buildings or of units within buildings, to allocation of space within
buildings or units, to values or expected values or in any other way);
permit or require charging schedules to operate by reference to the
nature or existing use of the place where development is undertaken;
permit or require charging schedules to operate by reference to an
index used for determining a rate of inflation;
permit or require charging schedules to operate by reference to values
used or documents produced for other statutory purposes;
provide, or permit or require provision, for differential rates, which
may include provision for supplementary charges, a nil rate, increased
rates or reductions.
The regulations may require Natural England to provide in specified
circumstances an estimate of the amount of the nature restoration levy
chargeable in respect of development of land.
Nature restoration levy regulations must provide for a right of appeal on a
question of fact in relation to the calculation of the amount of the levy payable
by a developer.
who may make an appeal,
the court, tribunal or other person who is to determine an appeal,
the period within which the right of appeal may be exercised,
the procedure on an appeal, and
the payment of fees, and award of costs, in relation to an appeal.
In any proceedings for judicial review of a decision on an appeal, the
defendant is to be such person as is specified in the regulations (and the
regulations may also specify a person who is not to be the defendant for these
purposes).
The regulations may specify—
conservation measures that may be, or may not be, funded by the
nature restoration levy;
maintenance and operational activities in connection with conservation
measures that may be, or may not be, funded by the levy;
what is to be, or not to be, treated as funding.
The regulations may—
require Natural England to prepare and publish a list of conservation
measures that are to be, or may be, wholly or partly funded by the
nature restoration levy;
include provision about the procedure to be followed in preparing a
list (which may include provision for consultation, for the appointment
of an independent person or a combination);
include provision about the circumstances in which Natural England
may and may not spend money received by virtue of the nature
restoration levy on anything not included on the list.
In making provision about funding, the regulations may, in particular—
permit money received by virtue of the nature restoration levy to be
used to reimburse expenditure already incurred;
permit such money to be reserved for expenditure that may be incurred
in the future;
permit such money to be used (either generally or subject to limits set
by or determined in accordance with the regulations) for administrative
expenses in connection with an EDP;
make provision for funding to extend beyond the EDP end date;
make provision for the giving of loans, guarantees or indemnities;
make provision about the use of money received by virtue of the
nature restoration levy where anything for which it was to be used
no longer requires funding;
make provision about the use of money received by virtue of the
nature restoration levy in a case where the EDP under which the levy
was paid is revoked.
The regulations may—
require Natural England to account separately, and in accordance with
the regulations, for any money received or due by virtue of the nature
restoration levy;
require Natural England to monitor the use made and to be made of
such money;
require Natural England to report on actual or expected charging,
collection and use of money received by virtue of the nature restoration
levy;
Nature restoration levy regulations must include provision about the collection
of the nature restoration levy.
The regulations may make provision for payment of the levy—
on account;
by instalments.
The regulations may make provision about refunds (with or without interest)
in cases of overpayment.
The regulations may make provision requiring, or deeming, the imposition
of conditions of development for the purpose of securing the collection of the
nature restoration levy (including conditions of development that require the
payment of the nature restoration levy before development begins or that
require development to cease where the nature restoration levy that is payable
has not been paid).
The regulations may make provision about the treatment of payments of the
nature restoration levy where there is a change to the development which
affects the basis on which the levy is charged (including provision for
payments that have been made in relation to a development to discharge
liability for the nature restoration levy in respect of other development).
The regulations may make provision about payment in forms other than
money (such as making land available, carrying out works or providing
services).
Regulations under this section may—
replicate or apply (with or without modifications) any enactment
relating to the collection of a tax;
confer a discretion on Natural England or a collecting authority to
determine any matter.
Nature restoration levy regulations must include provision about enforcement
of the nature restoration levy.
The regulations must make provision about the consequences of late payment
and failure to pay.
The regulations may make provision about the consequences of failure to
assume liability, to give a notice or to comply with another procedure under
nature restoration levy regulations.
The regulations may, in particular, include provision—
for the payment of interest;
for the imposition of a penalty or surcharge;
conferring a power of entry onto land;
requiring the provision of information;
creating a criminal offence (including, in particular, an offence relating
to evasion or attempted evasion or to the provision of false or
misleading information or failure to provide information);
conferring power to prosecute an offence;
for enforcement of sums owed (whether by action on a debt, by
distraint against goods or in any other way);
conferring jurisdiction on a court to grant injunctive or other relief to
enforce a provision of the regulations (including a provision included
in reliance on this section);
for enforcement in the case of death or insolvency of a person liable
to pay the nature restoration levy.
Nature restoration levy regulations may include provision (whether or not
in the context of late payment or failure to pay) about registration or
notification of actual or potential liability to pay the levy; and the regulations
may include provision—
for the creation of local land charges;
for the registration of local land charges;
for enforcement of local land charges (including, in particular, for
enforcement—
against successive owners, and
by way of sale or other disposal with consent of a court);
for making entries in statutory registers;
for the cancellation of charges and entries.
Regulations under this section may—
replicate or apply (with or without modifications) any enactment
relating to the enforcement of a tax;
provide for appeals.
Regulations providing for a surcharge or penalty must ensure that the total
amount of a surcharge or penalty in respect of an amount of nature restoration
levy may not exceed 30% of that amount.
But the regulations may provide for more than one surcharge or penalty to
be imposed in relation to a levy charge.
The regulations may not authorise entry to a private dwelling without a
warrant issued by a justice of the peace.
Regulations under this section creating a criminal offence may not provide
for—
imprisonment for a term exceeding the maximum term for summary
offences, on summary conviction for an offence triable summarily
only,
imprisonment for a term exceeding the general limit in a magistrates’
court, on summary conviction for an offence triable either way, or
imprisonment for a term exceeding 2 years, on conviction on
indictment.
in relation to an offence committed before the time when section 281(5)
of the Criminal Justice Act 2003 comes into force, 6 months;
in relation to an offence committed after that time, 51 weeks.
In this Part, a reference to administrative expenses in connection with an EDP
includes a reference to enforcement expenses.
Nature restoration levy regulations may require Natural England or another
public authority to pay compensation in respect of loss or damage suffered
as a result of enforcement action.
In this section, “enforcement action” means action taken under regulations
under section
81
.
The regulations may provide that compensation is not required to be paid—
to a person who has failed to satisfy a liability to pay the nature
restoration levy, or
in other circumstances specified by the regulations.
The regulations may make provision about—
the time and manner in which a claim for compensation is to be made,
and
the sums, or the method of determining the sums, payable by way of
compensation.
Nature restoration levy regulations may permit or require Natural England
to apply the nature restoration levy (either generally or subject to limits set
by or determined in accordance with the regulations) for expenditure incurred
under this section.
A dispute about compensation may be referred to and determined by the
Upper Tribunal.
In relation to the determination of any such question, the provisions of section
4 of the Land Compensation Act 1961 apply subject to any necessary
modifications and to the provisions of nature restoration levy regulations.
The Secretary of State may give guidance to Natural England or another
public authority about any matter connected with the nature restoration levy.
Natural England, or any other public authority to whom guidance is given,
must have regard to the guidance.
Natural England’s functions under this Part include—
administering EDPs;
taking conservation measures, and doing anything else that Natural
England considers necessary to implement EDPs;
monitoring EDPs.
Natural England may pay another person to take conservation measures.
In monitoring an EDP, Natural England must take sufficient measures to
monitor—
the effectiveness of the conservation measures that have been
implemented, and
the effects of the EDP in general.
In deciding how to monitor an EDP, Natural England must have regard to
guidance issued by the Secretary of State.
A person authorised by Natural England may enter and survey or investigate
any land in connection with the exercise by Natural England of any function
conferred by or under this Part.
The power conferred by subsection (1) —
must be exercised at a reasonable hour;
may not be exercised in relation to a private dwelling.
A person authorised under subsection
(1)
may not demand admission as of
right to any land which is occupied unless notice in writing of the intended
entry has been given to the occupier as follows—
if the land is held by a statutory undertaker, the notice must be at
least 21 days;
in any other case, the notice must be at least 24 hours.
But notice under subsection
(3)
is not required to be given for second and
subsequent entries onto the same land to carry out the same kind of surveying
or investigating.
A person may not be authorised under subsection
(1)
to enter and survey or
value land in connection with a proposal by Natural England to acquire an
interest in or a right over land (but see section 172 of the Housing and
Planning Act 2016).
In this section, “statutory undertaker” means a person who is, or who is
deemed to be, a statutory undertaker for the purposes of any provision of
Part 11 of the Town and Country Planning Act 1990.
This section applies if a justice of the peace is satisfied, on an application by
an authorised person giving written information on oath—
that there are reasonable grounds for entering and surveying or
investigating any land except a private dwelling in connection with
the exercise by Natural England of any function conferred by or under
this Part, and
that—
admission to the land is unlikely to be granted unless a warrant
is produced, or
it is necessary to confer a power to use force (if necessary) to
achieve the purpose for which entry is sought.
The justice of the peace may issue a warrant conferring a power on any
authorised person to enter and survey or investigate the land, if necessary
using reasonable force.
Subject to subsection
(8)
, a warrant may be executed in relation to land which
is occupied only if notice in writing of the intended entry has been given to
the occupier as follows—
if the land is held by a statutory undertaker, the notice must be at
least 21 days;
in any other case, the notice must be at least 24 hours.
That notice must—
be accompanied by a copy of the warrant, or
if no warrant has yet been issued, state that Natural England intends
to apply for a warrant.
A person executing or seeking to execute a warrant must produce a copy of
the warrant to the occupier of the land (if present).
A warrant must specify the number of occasions on which the warrant confers
power to enter and survey or investigate the land.
The number specified must be the number which the justice of the peace
considers appropriate to achieve the purpose for which the warrant is required.
Where a warrant authorises entry onto the same land on more than one
occasion, notice under subsection
(3)
is not required to be given for second
and subsequent entries to carry out the same kind of surveying or
investigating.
Execution of a warrant must be—
within the period of three months starting with the date of its issue;
at a reasonable hour.
A warrant under this section may not authorise a person to enter and survey
or value land in connection with a proposal by Natural England to acquire
an interest in or a right over land (but see section 172 of the Housing and
Planning Act 2016).
In this section—
“
authorised person” means a person authorised by Natural England
under section
85
;
“
statutory undertaker” has the meaning given by that section.
An authorisation of a person by Natural England to exercise a power of entry
must be in writing.
When exercising or seeking to exercise a power of entry, a person must if
asked produce evidence of the person’s authority and state the purpose of
the intended entry.
A person exercising a power of entry may be accompanied by any person,
and bring anything, required for any purpose for which the power of entry
is being exercised.
If a person exercising a power of entry has reasonable cause to expect any
obstruction in exercising the power, the person may be accompanied by a
constable.
If in the exercise of a power of entry a person enters land which is unoccupied
or from which the occupier is absent, the person must leave it as effectively
secured against unauthorised entry as the person found it.
A person exercising a power of entry must not carry out any surveying or
investigating of a kind specified in subsection
(8)
unless details of what is
proposed were included in—
if the land is unoccupied, a notice given to every owner of the land
that the person is able to identify after taking reasonable steps to do
so.
The kinds of surveying or investigating referred to in subsection (7) are—
carrying out an aerial survey;
leaving apparatus on the land in question;
taking samples of—
water,
air,
soil or rock,
flora,
blood, tissue or other biological material of fauna (living or
dead), or
any non-living thing present as a result of human action;
searching for flora or fauna;
carrying out exploratory works for purposes connected with the taking
of a conservation measure.
A written authorisation from the Secretary of State is required before a person
exercises a power of entry if—
the land in question is held by a statutory undertaker, and
the undertaker objects to anything proposed to be done in exercise of
the power of entry on the ground that doing it would be seriously
detrimental to the undertaker carrying on its undertaking.
In this section, “statutory undertaker” has the meaning given by section 85 .
If damage is caused to land or other property in the exercise of a power of
entry, a person suffering the damage may recover compensation from Natural
England.
Any question of disputed compensation under subsection
(1)
is to be referred
to and determined by the Upper Tribunal.
Section 4 of the Land Compensation Act 1961 (costs) applies to the
determination of a question referred under subsection
(3)
as it applies to the
determination of a question under section 1 of that Act, but as if references
to the acquiring authority were references to Natural England.
A person who intentionally obstructs a person acting in exercise of a power
of entry commits an offence.
A person who commits an offence under subsection
(1)
is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
A person commits an offence if the person discloses confidential information,
obtained in the exercise of a power of entry, for purposes other than those
for which the power was exercised.
A person who commits an offence under subsection (3) is liable—
on summary conviction, to a fine;
on conviction on indictment, to imprisonment for a term not exceeding
2 years or a fine, or both.
In subsection (3) “confidential information” means information—
which constitutes a trade secret, or
the disclosure of which would or would be likely to prejudice the
commercial interests of any person.
A person authorised by a relevant authority may enter and survey or
investigate any land for remedial action purposes.
Subsection
(3)
applies if a justice of the peace is satisfied, on an application
by a person authorised by a relevant authority giving written information on
oath—
that there are reasonable grounds for entering and surveying or
investigating any land except a private dwelling for remedial action
purposes, and
The justice of the peace may issue a warrant conferring a power on any person
authorised by the relevant authority to enter and survey or investigate the
land, if necessary using reasonable force.
The following provisions apply in relation to the exercise of the powers
conferred by or under subsections
(1)
and
(3)
on a person authorised by the
relevant authority as they apply in relation to the exercise of the powers
conferred by or under sections
85
and
86
on a person authorised by Natural
England, reading references in the applied provisions to Natural England as
references to the relevant authority—
section 88 (compensation);
section 89 (offences).
Subsections
(9)
to
(11)
of section
87
(land held by statutory undertakers) apply
in relation to the exercise of the powers conferred by or under subsections
(1)
and
(3)
by a person authorised by an authority within subsection
(7)
(b)
as they apply in relation to the exercise of the powers conferred by or under
sections
85
and
86
on a person authorised by Natural England, reading the
reference in the applied provisions to Natural England as a reference to the
authority within subsection
(7)
(b)
.
In this section “remedial action purposes” means purposes connected with
the taking by the Secretary of State or another public authority of—
In this section “relevant authority” means—
the Secretary of State, or
Natural England may acquire land compulsorily if the Secretary of State
authorises it to do so.
The power under subsection
(1)
may be exercised in relation to land only if
Natural England requires the land for purposes connected with the taking of
a conservation measure.
The power under subsection
(1)
includes power to acquire new rights over
land.
Subsection (5) applies where—
land or new rights over land are being acquired compulsorily under
subsection
(1)
, and
any of the land which is being acquired, or over which new rights are
being acquired, is land which has been acquired by statutory
undertakers for the purposes of their undertaking.
Subsection (7) applies where—
land or new rights over land are being acquired compulsorily under
subsection
(1)
, and
any of the land which is being acquired, or over which new rights are
being acquired, is or forms part of a common, open space or allotment.
Schedule 4
makes further provision in relation to compulsory acquisition by
Natural England under this section.
In this section—
“
allotment” means a fuel or field garden allotment;
“
common” has the same meaning as in section 19 of the Acquisition of
Land Act 1981;
“
open space” means any land which is—
laid out as a public garden,
used for the purposes of public recreation, or
a disused burial ground;
“
statutory undertakers” has the same meaning as in section 16 of the
Acquisition of Land Act 1981.
The Secretary of State may acquire land compulsorily if the Secretary of State
requires the land for remedial action purposes.
In subsection (1), “remedial action purposes” means purposes connected with
the taking by the Secretary of State or another public authority of—
The provisions of
section 91
(3)
to
(9)
and
Schedule 4
apply in relation to (or
to matters connected with) the compulsory acquisition of land by the Secretary
of State under subsection
(1)
as they apply in relation to (or to matters
connected with) the compulsory acquisition of land by Natural England under
section 91
(1).
Natural England must publish a report for each financial year on the exercise
of its functions under this Part.
Each report must include—
a list of all EDPs in force, and details of the kinds of development and
environmental obligations covered by each one;
a list of EDPs being prepared, and details of the kinds of development
and environmental obligations proposed to be covered by each one;
details of any amendments to or revocations of EDPs since the previous
report;
a summary of Natural England’s accounts in respect of the financial
year in question relating to its functions under this Part, including
information about—
the total amounts received by Natural England by virtue of
the nature restoration levy in respect of that year, and
the total amounts spent on conservation measures in respect
of that year.
Natural England must have regard to guidance issued by the Secretary of
State about the preparation of a report under this section.
Natural England must send a copy of a report under this section to the
Secretary of State, and publish the report, within such period as the Secretary
of State directs.
The Secretary of State must lay a copy of the report before Parliament.
In this section “financial year” means—
the period beginning with the day on which this Part comes into force
and ending with the next 31 March, and
each subsequent period of 12 months ending with 31 March.
The Secretary of State may by regulations designate another person to exercise
the functions of Natural England under this Part.
The regulations may make provision—
for a designated person to replace Natural England, or
for Natural England or a designated person to exercise functions under
this Part only in relation to an area or a kind of development specified
in the regulations.
The regulations may confer on a designated person such functions of Natural
England under Part 1 of the Natural Environment and Rural Communities
Act 2006 as the Secretary of State considers necessary to enable the designated
person to exercise the functions of Natural England under this Part.
The power to make regulations under subsection
(1)
includes a power to
make consequential amendments to an Act (including to this Act).
The Secretary of State may, in connection with regulations made under
section
94
(1)
, make one or more schemes for the transfer of property, rights and
liabilities (a “transfer scheme”) between—
Natural England and a designated person;
two or more designated persons.
The things that may be transferred under a transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making
of the scheme;
criminal liabilities.
A transfer scheme may—
create rights, or impose liabilities, in relation to property or rights
transferred;
make provision about the continuing effect of things done by, on
behalf of or in relation to the transferor in respect of anything
transferred;
make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in relation
to the transferor in respect of anything transferred;
make provision for references to the transferor in an instrument or
other document in respect of anything transferred to be treated as
references to the transferee;
make provision for the shared ownership or use of property;
make provision which is the same as or similar to the TUPE
regulations;
make other consequential, supplementary, incidental or transitional
provision.
A transfer scheme may provide—
for modifications by agreement;
for modifications to have effect from the date when the original scheme
came into effect.
For the purposes of this section—
references to rights and liabilities include rights and liabilities relating
to a contract of employment;
references to the transfer of property include the grant of a lease.
For the purposes of subsection (5) (a) —
an individual who holds employment in the civil service of the State
is to be treated as employed by virtue of a contract of employment,
and
the terms of the individual’s employment in the civil service of the
State are to be treated as constituting the terms of the contract of
employment.
In this section—
“
designated person” means a person designated in regulations made
under
section 94
(1)
;
“
the TUPE regulations” means the
Transfer of Undertakings (Protection
of Employment) Regulations 2006
(S.I. 2006/246).
This section applies where—
Natural England or the Secretary of State is exercising any functions
in relation to the preparation, amendment or revocation of an EDP,
or
the Secretary of State is considering whether to take, or is taking,
remedial action under
section 72
.
Natural England or the Secretary of State must take account of the best
available scientific evidence.
Natural England or the Secretary of State must have regard to—
the development plan for the development area,
the current environmental improvement plan,
any Environment Act strategies, and
any other strategies or plans,
so far as Natural England or the Secretary of State considers them to be relevant.
Where an EDP specifies as the development area an area that includes waters
adjacent to England (see section
62
(2)
(b)
), Natural England or the Secretary
of State must also have regard to—
any marine plan,
the marine policy statement, and
the UK marine strategy,
so far as Natural England or the Secretary of State considers them to be relevant.
Where an EDP includes as an identified environmental feature a protected
feature of a protected site, Natural England or the Secretary of State must
have regard to any conservation objectives of the site that relate to the feature,
so far as Natural England or the Secretary of State considers them to be
relevant.
Where an EDP includes as an identified environmental feature a protected
species, Natural England or the Secretary of State must have regard to the
need to achieve favourable conservation status for that species in their natural
range.
Subsection (8) applies where—
an EDP includes as an identified environmental feature a protected
feature of a protected site, and
Natural England or the Secretary of State must have regard to the need to
protect the overall coherence of each relevant site network of which the
protected site forms a part, so far as it relates to the protected feature.
The Secretary of State may by regulations make provision about other things
that must be done by Natural England when exercising functions in relation
to the preparation, amendment or revocation of an EDP.
In this section—
“
current environmental improvement plan” has the same meaning as in
Part 1 of the Environment Act 2021 (see section 8 of that Act);
“
development plan” has the same meaning as in section 38 of the
Planning and Compulsory Purchase Act 2004;
“
Environment Act strategy” means a strategy prepared under any of the
following provisions of the Environment Act 2021—
section 104 (local nature recovery strategies);
section 109 (species conservation strategies);
section 110 (protected site strategies);
“
marine plan” has the meaning given in section 51(3) of the Marine and
Coastal Access Act 2009;
“
marine policy statement” has the same meaning as in the Marine and
Coastal Access Act 2009 (see section 44 of that Act);
“
relevant site network” means—
the national site network within the meaning of the Habitats
Regulations 2017 (see regulation 3 of those Regulations);
the national Ramsar site series within the meaning of the
Habitats Regulations 2017 (see regulation 3 of those
Regulations);
the network referred to in section 123(2) of the Marine and
Coastal Access Act 2009 (marine protected area network).
“
the UK marine strategy” means the strategy developed under the Marine
Strategy Regulations 2010 (S.I. 2010/1627).
A public authority in England must co-operate with Natural England and
give it such reasonable assistance as it requests in connection with the
preparation or implementation of an EDP.
The things that a public authority may be required to do under the duty in
subsection
(1)
include, in particular—
the provision of information to Natural England;
the imposition or variation of a condition of development;
assistance with the implementation of conservation measures.
A public authority must have regard to any guidance given by the Secretary
of State about how the duty in subsection
(1)
is to be complied with.
Subsection (1) does not apply to—
a court or tribunal,
either House of Parliament, or
a person exercising a parliamentary function.
The duty in subsection
(1)
does not operate to require a disclosure or use of
information that would contravene the data protection legislation (but in
determining whether a disclosure or use would do so, the duty is to be taken
into account).
In this section “data protection legislation” has the same meaning as in the
Data Protection Act 2018 (see section 3 of that Act).
In Schedule 5 —
Part 1 amends the Habitats Regulations 2017 to provide that, for certain
purposes, Ramsar sites are treated in the same way as European sites;
Part 2 makes amendments related to, or consequential on, provision
made by this Part.
The Secretary of State may by regulations make amendments (including
amendments to an Act or to assimilated law) that are consequential on this
Part.
Regulations under this Part are to be made by statutory instrument.
A statutory instrument containing—
nature restoration levy regulations,
regulations under section
94
(power to designate person to exercise
functions of Natural England), or
may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Any other statutory instrument containing regulations under this Part is
subject to annulment in pursuance of a resolution of either House of
Parliament.
Regulations under this Part—
may make different provision for different purposes or areas;
may make transitional, transitory or saving provision;
may make incidental, supplementary or consequential provision.
This Part binds the Crown, subject as follows.
Regulations under this Part may (but need not) make provision binding the
Crown; but—
no contravention of any provision of regulations under this Part is to
make the Crown criminally liable;
regulations under this Part may not confer a power of entry over
Crown land unless the regulations require a person who may exercise
such a power to obtain the permission of the appropriate authority
before the power is exercised.
Before implementing a conservation measure under an EDP that is to be taken
on or may otherwise affect Crown land, Natural England must obtain the
permission of the appropriate authority.
The power conferred by section
85
applies in relation to Crown land, but
only if the person seeking entry to the land has the permission of—
a person appearing to the person seeking entry to be entitled to give
it, or
the appropriate authority.
The power conferred by section
90
(1)
applies in relation to Crown land, but,
except where subsection
(6)
applies, only if the person seeking entry to the
land has the permission of—
a person appearing to the person seeking entry to be entitled to give
it, or
the appropriate authority.
This subsection applies if—
the person seeking to exercise that power is a person authorised by
the Secretary of State, and
the appropriate authority is a government department or the Secretary
of State.
The following provisions do not apply in relation to anything done by virtue
of subsection
(4)
or
(5)
—
section 89 (offences).
In this section, “Crown land” and “the appropriate authority” have the same
meanings as in Part 13 of the Town and Country Planning Act 1990 (see
section 293 of that Act).
In this Part —
“
condition of development” means—
a condition, limitation or other restriction that may be imposed
on a grant of planning permission under
Part 3
of the
Town
and Country Planning Act 1990
,
a requirement that may be included in an order granting
development consent under the Planning Act 2008 (see section
120(1) and (2) of that Act),
a condition that may be attached to the grant of listed building
consent under the
Planning (Listed Buildings and Conservation
Areas) Act 1990
,
a condition that may be attached to a marine licence under
section 71(1)(b) of the Marine and Coastal Access Act 2009, or
a condition that may be attached to a harbour revision order
under section 14 of the Harbours Act 1964 or a harbour
empowerment order under section 16 of that Act;
“
conservation measure” has the meaning given in
section 63
(4)
;
“
development” has the same meaning as in the Town and Country
Planning Act 1990 (see section 55 of that Act), but also includes—
development within the meaning of the
Planning Act 2008
(see
section 32 of that Act),
works required to be authorised under
section 8
of the
Planning
(Listed Buildings and Conservation Areas) Act 1990
, and
licensable marine activities, within the meaning of Part 4 of
the Marine and Coastal Access Act 2009 (see section 66 of that
Act);
“
development area” has the meaning given in
section 62
(1)
;
“
EDP” means an environmental delivery plan;
“
environmental impact” has the meaning given in
section 63
(1)
;
“
European site” has the same meaning as in
the Habitats Regulations
2017
(see regulation 8);
“
the Habitats Regulations 2017” means the
Conservation of Habitats and
Species Regulations 2017
(S.I. 2017/1012);
“
identified environmental feature” means an environmental feature
identified in an EDP in accordance with
section 63
(1)
;
“
local planning authority” has the same meaning as in the
Town and
Country Planning Act 1990
(see Part 1 of that Act);
“
marine conservation zone” means an area designated as such under
section 116 of the Marine and Coastal Access Act 2009;
“
nature restoration levy regulations” has the meaning given in
section
75
;
“
protected site” means—
a European site,
an SSSI,
a Ramsar site, or
a marine conservation zone,
and “protected feature”, in relation to a protected site, means any habitat or species, or assemblage of habitats or species, or any feature of geological, geomorphological or physiographical interest by reason of which the site is a protected site;
“
protected species” means a species of animal or plant that is—
listed in Schedule 2 , 4 or 5 of the Habitats Regulations 2017 , or
“
public authority” means a person who exercises functions of a public
nature;
“
Ramsar Convention” means the Convention on Wetlands of International
Importance especially as Waterfowl Habitat signed at Ramsar on 2
February 1971, as amended by—
the Protocol known as the Paris Protocol done at Paris on 3
December 1982, and
the amendments known as the Regina Amendments adopted
at the Extraordinary Conference of the Contracting Parties held
at Regina, Saskatchewan, Canada, between 28 May and 3 June
1987;
but if that Convention is further amended after the passing of this Act, the references to the Ramsar Convention in this Part are to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision);
“
Ramsar site” means a site that has been designated under paragraph 1
of article 2 of the Ramsar Convention for inclusion in the list of
wetlands of international importance referred to in
that article
;
“
SSSI” means a site of special scientific interest within the meaning of
Part 2
of the
Wildlife and Countryside Act 1981
;
“
working day” means any day other than—
Saturday or Sunday,
Christmas Day or Good Friday, or
a day which is a bank holiday in England and Wales under
the Banking and Financial Dealings Act 1971.
The New Towns Act 1981 is amended as set out in subsections (2) and (3) .
“(3)
An order under this section—
(a)
may include in the area designated as the site of the proposed
new town any existing town or other centre of population;(b)
may, in relation to a proposed new town in England—
(i)
designate separate parcels of land as the area for the
site of the proposed new town;(ii)
designate an area of land which is adjacent to an
existing town or other centre of population so that the area is developed as an urban extension rather than as a wholly new town;and references in this Act to a new town or proposed new town are to be construed accordingly.”
“(1A)
A single development corporation may be established for the purposes
of the development of more than one new town in England if the Secretary of State considers that having a single development corporation would facilitate efficient development.”
The
Local Government, Planning and Land Act 1980
is amended as set out
in subsections
(5)
and
(6)
.
In
section 134
(urban development areas), after
subsection (1B)
(as inserted An area of land designated as an urban development area in England
by section 171(2) of the Levelling-up and Regeneration Act 2023) insert—
“(1C)
must include, but need not wholly consist of, an area in an existing
town or centre of population.”
In section 171 (interpretation of Part 16)—
the existing text becomes subsection (1);
“(2)
In this Part as it applies in relation to England, references to
the regeneration of an area are to be read as references to the regeneration or development of the area.”
In
section 201
of the
Localism Act 2011
(objects and powers of Mayoral
development corporations), in
subsection (1)
after “regeneration” insert “or
development”.
“(3ZA)
An order under this section may designate an area of land that includes
any area (the “overlap area”) that is, or forms part of, an area that has already been designated (the “previously designated area”) under—(a)
section 1ZB(2) (designation of locally-led new town in England),
(b)
section 134(1B) of the Local Government, Planning and Land
Act 1980 (designation of locally-led urban development area), or(c)
section 197 of the Localism Act 2011 (designation of Mayoral
development area).(3ZB)
On the coming into force of an order that makes provision as
mentioned in subsection (3ZA), the overlap area no longer forms part of the previously designated area.(3ZC)
Where the Secretary of State makes an order that contains provision
as mentioned in subsection (3ZA), the Secretary of State may also make regulations—(a)
amending any order relating to the previously designated area
to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal;(b)
providing for the transfer of functions relating to the overlap
area to the development corporation established for the purposes of the new town;(c)
where the overlap area completely covers the previously
designated area, providing for the dissolution of the development corporation for the previously designated area;(d)
making consequential, incidental, supplementary, transitional
or saving provision.(3ZD)
The Secretary of State may, in connection with regulations under
subsection (3ZC), make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the new town (see also section 9B (transfer schemes: general provisions)).”
In section 1ZA (local authority proposal for designation of locally-led new A proposal area must not include any area of land that is, or forms section 1 (designation of new town area by Secretary of State), section 134(1) of the Local Government, Planning and Land section 197 of the Localism Act 2011 (designation of Mayoral
(See also section 1(3ZB) and (3ZC), section 197(2B) and (2C) of the
Localism Act 2011 and section 134(1E) and (1F) of the Local
Government, Planning and Land Act 1980.)”
town in England, as inserted by section 172(2) of the Levelling-up and
Regeneration Act 2023), after subsection (1) insert—
“(1A)
part of, an area that is designated under—
(a)
(b)
Act 1980 (designation of urban development area by Secretary
of State), or
(c)
development area).
In section 1ZB (designation of locally-led new town in England, as inserted
by section 172(2) of the Levelling-up and Regeneration Act 2023), in subsection
(2)—
for “may” substitute “must”;
omit from “if” to the end.
In section 77 (regulations and orders)—
in subsection (2A), after “section” insert “1(3ZC) or”;
in subsection (3C), after “order” insert “or regulations”.
In section 197 (designation of Mayoral development areas)—
in subsection (1), for “any” substitute “an”;
“(2A)
An area of land designated under subsection (1)—
(a)
may include any area (the “overlap area”) that is, or
forms part of, an area of land that has already been designated (the “previously designated area”) under—(i)
section 1ZB(2) of the New Towns Act 1981
(designation of locally-led new town in England), or(ii)
section 134(1B) of the Local Government,
Planning and Land Act 1980 (designation of locally-led urban development area);(b)
may not include any area that is, or forms part of, an
area that is designated under—(i)
section 1 of the New Towns Act 1981
(designation of new town area by Secretary of State), or(ii)
section 134(1) of the Local Government, Planning
and Land Act 1980 (designation of urban development area by Secretary of State).(See also section 1(3ZB) and (3ZC) of the New Towns Act 1981 and section 134(1E) and (1F) of the Local Government, Planning and Land Act 1980.)
(2B)
Where the Mayor designates an area as mentioned in subsection
(2A)(a), the Secretary of State must make regulations providing that the overlap area no longer forms part of the previously designated area.(2C)
The regulations may also—
(a)
amend any order relating to the previously designated
area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal;(b)
provide for the transfer of functions relating to the
overlap area to the development corporation established for the purposes of the Mayoral development area;(c)
where the overlap area completely covers the previously
designated area, provide for the dissolution of the development corporation for the previously designated area.(2D)
The Secretary of State may, in connection with regulations
under this section, make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the Mayoral development area (see also section 218 (transfer schemes: general provisions)).”
In section 218 (transfer schemes: general provisions), in the definition of
“transfer scheme” in subsection (1), after “section” insert “197(2D),”.
In section 235 (orders and regulations)—
“(ja)
regulations under section 197;”;
in subsection (14), after “52” insert “or regulations under section 197”.
In section 134 (urban development areas)—
in subsection (1B) (as inserted by section 171(2) of the Levelling-up
and Regeneration Act 2023)—
in the words before paragraph (a), for “may” substitute “must”;
omit paragraph (b) (and the “and” immediately before it);
“(1D)
An order under subsection (1) may designate any area of land
that includes an area (the “overlap area”) that is, or forms part of, an area that has already been designated (the “previously designated area”) under—(a)
subsection (1B) (designation of locally-led urban
development area),(b)
section 1ZB(2) of the New Towns Act 1981 (designation
of locally-led new town in England), or(c)
section 197 of the Localism Act 2011 (designation of
Mayoral development area).(1E)
On the coming into force of an order that makes provision as
mentioned in subsection (1D), the overlap area no longer forms part of the previously designated area.(1F)
Where the Secretary of State makes an order that contains
provision as mentioned in subsection (1D), the Secretary of State may also by regulations made by statutory instrument—(a)
amend any order relating to the previously designated
area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal;(b)
provide for the transfer of functions relating to the
overlap area to the development corporation established for the purposes of the urban development area;(c)
where the overlap area completely covers the previously
designated area, provide for the dissolution of the development corporation for the previously designated area;(d)
make consequential, incidental, supplementary,
transitional or saving provision.(1G)
The Secretary of State may, in connection with regulations
under subsection (1F), make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the urban development area (see also section 140B (transfer schemes: general provisions)).”;
in subsection (4), after “(1B)” insert “or regulations made by the
Secretary of State under subsection (1F)”;
in subsection (4A), after “(1B)” insert “or regulations made by the
Secretary of State under subsection (1F)”.
In section 134A (local authority proposal for designation of locally-led urban A proposal area must not include any area of land that is, or forms section 134(1) (designation of urban development area by section 1 of the New Towns Act 1981 (designation of new town section 197 of the Localism Act 2011 (designation of Mayoral
(See also section 134(1E) and (1F), section 1(3ZB) and (3ZC) of the
New Towns Act 1981 and section 197(2B) and (2C) of the Localism
Act 2011.)”
development area in England, as inserted by section 171(3) of the Levelling-up
and Regeneration Act 2023), after subsection (1) insert—
“(1A)
part of, an area that is designated under—
(a)
Secretary of State),
(b)
area by Secretary of State), or
(c)
development area).
In section 171 (interpretation), in the definition of “urban development area”,
after “it” insert “by virtue of subsection (1E) of that section or”.
In
section 4
of the New Towns Act 1981 (objects and general powers of the achievement of sustainable development, and the mitigation of, and adaptation to, climate change.”
development corporations), in
subsection (1A)
, for “the achievement of
sustainable development” substitute “—
(a)
(b)
In
section 136
of the
Local Government, Planning and Land Act 1980
(objects In pursuing that object, an urban development corporation that is the achievement of sustainable development, and the mitigation of, and adaptation to, climate change. For the purposes of subsection (1A) an urban development corporation
and general powers of urban development corporations), after
subsection (1)
insert—
“(1A)
established for the purposes of regenerating or developing an urban
development area in England must aim to contribute to—
(a)
(b)
(1B)
must (in particular) have regard to the desirability of good design.”
In
section 201
of the
Localism Act 2011
(objects and powers of Mayoral In pursuing that object, an MDC must aim to contribute to— the achievement of sustainable development, and the mitigation of, and adaptation to, climate change. For the purposes of subsection (1A), an MDC must (in particular) have
development corporations), after
subsection (1)
insert—
“(1A)
(a)
(b)
(1B)
regard to the desirability of good design.”
The New Towns Act 1981 is amended as set out in subsections (2) to (5) .
In section 4 (objects and general powers of development corporations)—
“(1C)
To secure such laying out and development every development
corporation established for the purposes of a new town in England has the power (subject to section 5)—(a)
to acquire, hold, manage and dispose of land and other
property,(b)
to carry out building and other operations,
(c)
to carry on any business or undertaking in or for the
purposes of the new town,and generally to do anything necessary or expedient for the purposes or incidental purposes of the new town. (See also section 4A (powers in relation to infrastructure).)”;
in
subsection (2)
, in the words before
paragraph (a)
, after “corporation”
insert “established for the purposes of a new town in Wales”;
in subsection (3) —
in the words before paragraph (a), for “subsection (2)” substitute
“subsections
(1C)
and (2)”;
in paragraph (a), for “that subsection” substitute “those
subsections”;
in paragraph (b), for “that subsection” substitute “those
subsections”;
in subsection (5)(b), after “subsection” insert “(1C) or”.
“4A Powers in relation to infrastructure: England
(1)
A development corporation established for the purposes of a new
town in England may, to secure the laying out and development referred to in section 4(1), provide or facilitate the provision of infrastructure.(2)
In this section “provide” includes provide by way of acquisition,
construction, conversion, improvement or repair (and “provision” is to be read in the same way).(3)
In this section “infrastructure” means—
(a)
water, electricity, gas, telecommunications, sewerage or other
services, including heat networks,(b)
roads or other transport facilities,
(c)
retail or other business facilities,
(d)
health, educational, employment or training facilities,
(e)
social, religious or recreational facilities,
(f)
cremation or burial facilities, and
(g)
community facilities not falling within paragraphs (a) to (f).
(4)
Section 4(5) applies in relation to subsection (1) as it applies in relation
to section 4(2).”
In
section 5
(restriction on powers of development corporations), in
subsection
(5)
—
in paragraph (a), after “services” insert “or heat networks”;
in
paragraph (b)
, at the beginning insert “in the case of a development
corporation established for the purposes of a new town in Wales,”;
in the words after paragraph (b) , after “undertaking” insert “in Wales”.
““
heat networks” has the meaning given by section 216 of the Energy Act
2023 ;”.
The
Local Government, Planning and Land Act 1980
is amended as set out
in
subsections (7)
to
(9)
.
In section 136 (objects and general powers)—
“(2A)
Subject to sections 137 and 138, for the purpose of achieving
the object an urban development corporation established for the purposes of an urban development area in England may—(a)
acquire, hold, manage, reclaim and dispose of land and
other property;(b)
carry out building and other operations;
(c)
carry on any business or undertaking for the purposes
of the object; and(d)
generally do anything necessary or expedient for the
purposes of the object or for purposes incidental to those purposes.(See also section 136A (powers in relation to infrastructure).)
(2B)
But nothing in this Part authorises an urban development
corporation established for the purposes of an urban development area in England to carry on any business or undertaking for—(a)
the supply of water, electricity or gas, or
(b)
the provision of sewerage services or heat networks.”;
in
subsection (3)
, in the words before
paragraph (a)
, after “corporation”
insert “established for the purposes of an urban development area in
Wales”;
in subsection (4) , for after “subsection” insert “(2A) or”;
in
subsection (7)
, for “subsection (3)” substitute “subsection (2A) or
(3)”.
“136A Powers in relation to infrastructure: England
(1)
An urban development corporation established for the purposes of an
urban development area in England may, for the purpose of achieving the object in section 136(1), provide or facilitate the provision of infrastructure.(2)
In this section “provide” includes provide by way of acquisition,
construction, conversion, improvement or repair (and “provision” is to be read in the same way).(3)
In this section “infrastructure” means—
(a)
water, electricity, gas, telecommunications, sewerage or other
services, including heat networks,(b)
roads or other transport facilities,
(c)
retail or other business facilities,
(d)
health, educational, employment or training facilities,
(e)
social, religious or recreational facilities,
(f)
cremation or burial facilities, and
(g)
community facilities not falling within paragraphs (a) to (f).
(4)
Section 136(7) applies in relation to subsection (1) as it applies in
relation to section 136(3).”
““
heat networks” has the meaning given by section 216 of the Energy Act
2023 ;”.
The Localism Act 2011 is amended as follows.
In
section 205
(4)
(powers of Mayoral development corporations in relation to
infrastructure), at the end of
paragraph (a)
insert “including heat networks
within the meaning of
section 216
of the
Energy Act 2023
,”.
In section 212 (power of Mayoral development corporations to carry on
businesses or undertakings)—
“(1A)
This section does not authorise an MDC to carry on a business
for—(a)
the supply of water, electricity or gas, or
(b)
the provision of sewerage services or heat networks.”;
“(7)
In this section “heat networks” has the meaning given by section 216 of the Energy Act 2023 .”
“Transport functions relating to new towns in England
9A Exercise of transport functions
(1)
A relevant transport authority must—
(a)
have regard to any plans published or shared with the authority
by an English new town development corporation that may be relevant to the exercise of the authority’s functions, and(b)
co-operate with an English new town development corporation
in the development and implementation of the corporation’s plans.(2)
If the Secretary of State considers that a relevant transport authority
has failed to comply with the duty in subsection (1), the Secretary of State may direct the authority to exercise its functions in such a way as to comply with that duty.(3)
If a relevant transport authority fails to comply with a direction under
subsection (2), the Secretary of State may by regulations provide for any function of the transport authority that has an effect on the area of the new town for which the development corporation was established to be exercisable by the development corporation.(4)
Regulations under subsection (3) may make provision for the function
to be exercisable by the development corporation either generally or subject to such conditions or limitations as may be specified in the regulations.(5)
Regulations under subsection (3) may make provision for the function
to be exercisable by the development corporation—(a)
instead of by the relevant transport authority,
(b)
concurrently with the relevant transport authority, or
(c)
jointly with the relevant transport authority.
(6)
Regulations under subsection (3) may—
(a)
make different provision for different purposes;
(b)
include consequential, supplementary, incidental, transitional
or saving provision.(7)
The Secretary of State may, in connection with regulations under
subsection (3), make one or more schemes for the transfer of property, rights and liabilities between the corporation and the relevant transport authority to which the regulations relate (see also section 9B (transfer schemes: general provisions)).(8)
In this section—
“
English new town development corporation” means a new town
development corporation established for the purposes of a new town in England;“
relevant transport authority” means any of the following for an
area in England—(a)
a local transport authority within the meaning of Part
2 of the Transport Act 2000 (see section 108(4) of that Act),(b)
a local highway authority within the meaning of the
Highways Act 1980 (see section 329 of that Act), or(c)
a local traffic authority within the meaning of the Road
Traffic Regulation Act 1984 (see section 121A(5) of that Act).
Transfer schemes: general
9B Transfer schemes under sections 1 and 9A: general provisions
(1)
(2)
The things that may be transferred under a transfer scheme include—
(a)
property, rights and liabilities that could not otherwise be
transferred, and(b)
property acquired, and rights and liabilities arising, after the
making of the scheme.(3)
A transfer scheme may—
(a)
create rights, or impose liabilities, in relation to property or
rights transferred;(b)
make provision about the continuing effect of things done by,
on behalf of or in relation to the transferor in respect of anything transferred;(c)
make provision about the continuation of things (including
legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;(d)
make provision for references to the transferor in an instrument
or other document in respect of anything transferred to be treated as references to the new regulator;(e)
make provision for the shared ownership or use of property;
(f)
make provision which is the same as or similar to the TUPE
regulations;(g)
make other consequential, supplementary, incidental or
transitional provision.(4)
A transfer scheme may provide—
(a)
for modifications by agreement;
(b)
for modifications to have effect from the date when the original
scheme came into effect.(5)
(6)
For the purposes of this section—
(a)
references to rights and liabilities include rights and liabilities
relating to a contract of employment;(b)
references to the transfer of property include the grant of a
lease.”
In the Local Government, Planning and Land Act 1980, after section 140 A relevant transport authority must— have regard to any plans published or shared with the authority co-operate with an English urban development corporation in If the Secretary of State considers that a relevant transport authority If a relevant transport authority fails to comply with a direction under Regulations under
subsection (3)
may make provision for the function Regulations under
subsection (3)
may make provision for the function instead of by the relevant transport authority, concurrently with the relevant transport authority, or jointly with the relevant transport authority. Regulations under
subsection (3)
— are to be made by statutory instrument; may make different provision for different purposes; may include consequential, supplementary, incidental, A statutory instrument containing regulations under this section is The Secretary of State may, in connection with regulations under In this section—
“
“ a local transport authority within the meaning of Part a local highway authority within the meaning of the a local traffic authority within the meaning of the Road The things that may be transferred under a transfer scheme include— property, rights and liabilities that could not otherwise be property acquired, and rights and liabilities arising, after the A transfer scheme may— create rights, or impose liabilities, in relation to property or make provision about the continuing effect of things done by, make provision about the continuation of things (including make provision for references to the transferor in an instrument make provision for the shared ownership or use of property; make provision which is the same as or similar to the TUPE make other consequential, supplementary, incidental or A transfer scheme may provide— for modifications by agreement; for modifications to have effect from the date when the original For the purposes of this section— references to rights and liabilities include rights and liabilities references to the transfer of property include the grant of a
insert—
“Transport functions relating to urban development areas in England
140A
Exercise of transport functions
(1)
(a)
by an English urban development corporation that may be
relevant to the exercise of the authority’s functions, and
(b)
the development and implementation of the corporation’s plans.
(2)
has failed to comply with the duty in subsection (1), the Secretary of
State may direct the authority to exercise its functions in such a way
as to comply with that duty.
(3)
subsection (2), the Secretary of State may by regulations provide for
any function of the transport authority that has an effect on the urban
development area for which the urban development corporation was
established to be exercisable by the development corporation.
(4)
to be exercisable by the development corporation either generally or
subject to such conditions or limitations as may be specified in the
regulations.
(5)
to be exercisable by the development corporation—
(a)
(b)
(c)
(6)
(a)
(b)
(c)
transitional or saving provision.
(7)
subject to annulment in pursuance of a resolution of either House of
Parliament.
(8)
subsection (3), make one or more schemes for the transfer of property,
rights and liabilities between the corporation and the relevant transport
authority to which the regulations relate (see also section 140B (transfer
schemes: general provisions)).
(9)
English urban development corporation” means an urban
development corporation established for the purposes of an
urban development area in England;
relevant transport authority” means any of the following for an
area in England—
(a)
2 of the Transport Act 2000 (see section 108(4) of that
Act),
(b)
Highways Act 1980 (see section 329 of that Act), or
(c)
Traffic Regulation Act 1984 (see section 121A(5) of that
Act).
Transfer schemes: general
140B
Transfer schemes under sections 134 and 140A: general provisions
(1)
(2)
(a)
transferred, and
(b)
making of the scheme.
(3)
(a)
rights transferred;
(b)
on behalf of or in relation to the transferor in respect of
anything transferred;
(c)
legal proceedings) in the process of being done by, on behalf
of or in relation to the transferor in respect of anything
transferred;
(d)
or other document in respect of anything transferred to be
treated as references to the new regulator;
(e)
(f)
regulations;
(g)
transitional provision.
(4)
(a)
(b)
scheme came into effect.
(5)
(6)
(a)
relating to a contract of employment;
(b)
lease.”
In section 6 of the Acquisition of Land Act 1981 (service of documents), at Any notice or other document required or authorised to be served on Any notice or other document required or authorised to be served an acquiring authority, a confirming authority, an inspector, a local authority, or a statutory undertaker,
may also be served electronically by a method mentioned in subsection
(7)
.
The methods of electronic service are— sending the notice or document to an appropriate email uploading the notice or document to an appropriate website. For the purposes of subsection
(7)
— an email address or website is an appropriate one for the provided the email address or details of the website to published the fact that the email address or the website an email address is also an appropriate one for the service of A notice or other document sent electronically is, unless the contrary In this section—
“
“
“
“ This section does not apply to a communication required or authorised
the end insert—
“(5)
a person under this Act may be served by sending it to an email
address or uploading it to a website at which the person has agreed
in writing to receive notices or documents for the purposes of the
compulsory purchase order to which the notice or document relates.
(6)
under this Act on—
(a)
(b)
(c)
(d)
(e)
(7)
(a)
address, or
(b)
(8)
(a)
service of notices or documents if the person being served
has—
(i)
the sender for the purposes of communicating with
them about land subject to the compulsory purchase
order or about the order itself, or
(ii)
may be used for those purposes;
(b)
notices or documents if the person being served has previously
used it for the purposes of communicating with the sender
about land subject to the compulsory purchase order or about
the order itself.
(9)
is proved, to be treated as having been received on the working day
immediately following the day on which it was sent.
(10)
inspector” means a person appointed under section 14D;
local authority” means a local authority within the meaning of
section 7(1) or section 17(4);
statutory undertaker” includes the persons mentioned in section
16(3) and in the definition of statutory undertaker in section
17(4);
working day” means a day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a bank holiday under the
Banking and Financial Dealings Act 1971 in England and Wales.
(11)
to be sent under this Act to the High Court.”
In section 38 of the Land Compensation Act 1961 (service of notices), at the Any communication required or authorised to be sent to a person Any communication required or authorised under this Act to be sent an acquiring authority, a confirming authority, or a local planning authority,
may also be sent electronically by a method mentioned in subsection
(5)
.
The methods are— sending the communication to an appropriate email address, uploading the communication to an appropriate website. For the purposes of subsection
(5)
— an email address or website is an appropriate one if the person provided the email address or details of the website to published the fact that the email address or the website an email address is also an appropriate one if the person to A communication sent electronically is, unless the contrary is proved, In this section—
“
“ This section does not apply to a communication required or authorised
end insert—
“(3)
under this Act may be sent to an email address or uploaded to a
website at which the person has agreed in writing to receive
communications for the purposes of the claim for compensation.
(4)
to—
(a)
(b)
(c)
(5)
(a)
or
(b)
(6)
(a)
to whom the communication is to be sent has—
(i)
the sender for the purposes of communicating with
them about the claim for compensation, or
(ii)
may be used for those purposes;
(b)
whom the communication is to be sent has previously used it
for the purposes of communicating with the sender about the
claim for compensation.
(7)
to be treated as having been received on the working day immediately
following the day on which it was sent.
(8)
confirming authority” has the same meaning as in Schedule 2A
(see paragraph 9 of that Schedule);
working day” means a day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a bank holiday under the
Banking and Financial Dealings Act 1971 in England and Wales.
(9)
to be sent under this Act to the Upper Tribunal.”
In Part 6 of the Land Compensation Act 1973 (supplementary provisions), Any communication required or authorised to be sent to a person Any communication required or authorised under this Act to be sent an acquiring authority, or a responsible authority within the meaning of section 1,
may also be sent electronically by a method mentioned in subsection
(3)
.
The methods are— sending the communication to an appropriate email address, uploading the communication to an appropriate website. For the purposes of subsection
(3)
— an email address or website is an appropriate one if the provided the email address or details of the website to published the fact that the email address or the website an email address is also an appropriate one if the authority A communication sent electronically is, unless the contrary is proved, In this section “working day” means a day other than a Saturday, a This section does not apply to a communication required or authorised
after section 84 insert—
“84A
Service of documents
(1)
under this Act may be sent to an email address or uploaded to a
website at which the person has agreed in writing to receive
communications for the purposes of the claim for compensation.
(2)
to—
(a)
(b)
(3)
(a)
or
(b)
(4)
(a)
authority has—
(i)
the sender for the purposes of communicating with
them about the claim for compensation, or
(ii)
may be used for those purposes;
(b)
has previously used it for the purposes of communicating with
the sender about the claim for compensation.
(5)
to be treated as having been received on the working day immediately
following the day on which it was sent.
(6)
Sunday, Christmas Day, Good Friday or a bank holiday under the
Banking and Financial Dealings Act 1971 in England and Wales.
(7)
to be sent under this Act to the Upper Tribunal.”
The amendments made by
subsection (1)
do not apply in relation to a
compulsory purchase order made under the Acquisition of Land Act 1981 in
a case where the first notice under—
section 11(1) of that Act (purchases by local and other authorities:
public notice), or
paragraph 2(1) of Schedule 1 to that Act (purchases by Ministers:
public notices),
was published before this section came into force.
The amendments made by
subsection (1)
do not apply in relation to a purchase
under the Compulsory Purchase Act 1965 in a case where the notice to treat
under section 5(1) of that Act relating to the purchase was given before this
section came into force (for the application of section 6 of the Acquisition of
Land Act 1981 to the service of notices under the Compulsory Purchase Act
1965, see section 30 of that Act).
Part 2
of the
Acquisition of Land Act 1981
(purchases by local and other
authorities) is amended as set out in
subsections (2)
and
(3)
.
In
section 11
(obligation on acquiring authority to publish notice of compulsory In the case of a notice under subsection (1)(a), the requirement in
purchase order), after
subsection (2)
insert—
“(2ZA)
subsection (2)(b) to describe the land may be met by briefly identifying
the land (by giving its postal address or otherwise).”
In section 15 (notices after confirmation of order)—
“(4ZA)
In the case of a notice under subsection (3)(a), the requirement
in subsection (4)(a) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).”;
at the end of subsection (4F)(b), insert “except that, in the case of a
fulfilment notice under subsection (4C)(b)(i), the requirement to annex
a description of the land (see subsection (4)(a)) may be met by briefly
identifying the land (by giving its postal address or otherwise).”
Schedule 1 to that Act (purchases by Ministers) is amended as set out in subsections (5) and (6) .
In
paragraph 2
(obligation on Minister to publish notice of compulsory In the case of a notice under sub-paragraph (1)(a), the requirement in
purchase order), after
sub-paragraph (2)
insert—
“(2ZA)
sub-paragraph (2)(b) to describe the land may be met by briefly
identifying the land (by giving its postal address or otherwise).”
In paragraph 6 (notices after confirmation order)—
“(4ZA)
In the case of a notice under sub-paragraph (3)(a), the
requirement in sub-paragraph (4)(a) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).”;
at the end of sub-paragraph (4D)(b), insert “except that, in the case of
a fulfilment notice under sub-paragraph (4C)(b)(i), the requirement to
annex a description of the land (see sub-paragraph (4)(a)) may be met
by briefly identifying the land (by giving its postal address or
otherwise).”
Section 14A of the Acquisition of Land Act 1981 (confirmation by acquiring
authority) is amended as follows.
(i)
without modification, or
(ii)
with only such modifications as are specified by the
confirming authority in the notice.”
“(4A)
A confirming authority may specify a modification only if—
(a)
it modifies the order so as to add an additional interest in land,
and the confirming authority is satisfied that the interest holder consents to the proposed modification,(b)
it modifies the order so as to remove an interest in any land
to which the order applies,(c)
it modifies the order so as to remove part of an interest in any
land to which the order applies, and the confirming authority is satisfied that the interest holder consents to the proposed modification, or(d)
it modifies the order in such a way that no interests in land
are affected.”
In subsection (5)—
in paragraph (a), for “or” substitute “other than those specified in the
notice,”;
(c)
in a case where the notice specifies modifications, to
confirm the order without those modifications.”
“(6A)
In a case where the acquiring authority has determined to confirm an
order with modifications, it must, at the same time as notifying the confirming authority under subsection (6)—(a)
provide the confirming authority with a copy of the order as
modified, and(b)
certify that the only modifications are those specified by the
confirming authority.”
The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as
follows.
In section 2(1) (interpretation and construction), after the definition of
““
“acquiring authority” insert—
expedited procedure” means the procedure (available in respect of
unoccupied land etc or where there is no identifiable interest holder)
whereby a general vesting declaration may vest the land in the
acquiring authority less than three months from the date on which
the service of notices required by section 6 is completed (see section
4
(1ZA)
(a)
and sections
4A
and
4B
),”.
In section 4 (execution of declaration)—
in subsection (1) omit from “(not” to the end;
“(1ZA)
That period must be—
(a)
where the expedited procedure is available (see section 4A ), not less than six weeks from the date on which
the service of notices required by section 6 is completed;(b)
otherwise not less than three months from that date.”
“4A Vesting date: expedited procedure
(1)
The expedited procedure is available in relation to a general vesting
declaration if—(a)
the specified land is unoccupied,
(b)
the acquiring authority considers that, by reason of disrepair,
neglect, contamination, or risk to health or safety, the specified land is unfit for its ordinary use, and(c)
Schedule A1 does not apply to the declaration.
(2)
The expedited procedure is also available in relation to a general
vesting declaration if the acquiring authority has been unable to identify any person with an interest in the specified land.(3)
Land is not to be regarded as occupied for the purposes of subsection
(1) (a) —(a)
if it is occupied only by persons who do not have a right to
occupy it;(b)
because of the presence of chattels on the land if the chattels
appear to the acquiring authority to be of no significant value.(4)
The ordinary use of land is to be taken for the purposes of subsection
(1) (b) to be—(a)
so far as the land comprises buildings or other features
designed or adapted for a particular use, that use, and(b)
so far as the land does not comprise such buildings or features,
its most recent lawful use.(5)
If the specified land includes one or more dwellings, the acquiring
authority may decide that it is unfit for its ordinary use only if it considers that the dwelling, or each of those dwellings, is unfit for human habitation within the meaning of the Landlord and Tenant Act 1985 (see section 10 of that Act).(6)
In this section—
“
dwelling” means a building or part of a building designed or
adapted for occupation as a separate dwelling;“
the specified land” means the land specified in the general
vesting declaration.4B Expedited procedure: process
(1)
This section applies where the acquiring authority has executed a
general vesting declaration under the expedited procedure.(2)
A person may, at any time before the end of the period of four weeks
beginning with the date on which the general vesting declaration is executed, make representations to the acquiring authority that the expedited procedure is not available in relation to the declaration.(3)
The representations need not be in writing.
(4)
The acquiring authority must provide a written response to the
representations before the end of the period of seven days beginning with the day on which it received them.(5)
If, at any time between the execution of the general vesting declaration
and the vesting date, the acquiring authority becomes aware of a reason why the expedited procedure is not available (whether as a result of representations or otherwise), the authority must amend the general vesting declaration so that the period specified in it complies with section 4 (1ZA) (b) (period of at least three months from service of notices).(6)
If the acquiring authority amends the general vesting declaration under
subsection (5) , it must serve notice of the amendment on—(a)
every person who has made representations under subsection (2) , and
(b)
every person who was served a notice about the declaration
under section 6.”
“(1A)
In a case where the period specified in the declaration under section
4(1) is less than three months, the notice must also state—(a)
(b)
the vesting date;
(c)
(d)
that if, before the vesting date, the acquiring authority no longer
considers that the expedited procedure is available, the authority will amend the general vesting declaration so that the period specified in it complies with section 4 (1ZA) (b) (period of at least three months from service of notices).”
“8B Advancement of vesting by agreement
(1)
The acquiring authority may agree in writing with the owner of any
interest which is to vest in the authority under section 8 that the interest is to vest on a date before the vesting date.(2)
The agreed date may not be before the day after the last day on which
a person may bring proceedings for questioning the compulsory purchase order.(3)
If an agreement under subsection (1) is in force—
(a)
section 7 (other than section 7(1)(c)) and section 8 operate in
relation to the interest as if the vesting date were the agreed date;(b)
an owner of an interest who is a party to the agreement may
not serve a counter-notice under paragraph 2 of Schedule A1 (counter-notice requiring purchase of additional land).(4)
But if the interest subject to the agreement does not entitle the owner
to possession of the land concerned, subsection (3)(a) does not advance the date on which the right to enter on and take possession of the land arises under section 8.”
In section 7(1) (constructive notice to treat), in the words before paragraph
(a) for “section 8A” substitute “sections 8A and
8B
”.
In section 8(1) (vesting, and right to enter and take possession), in the words
before paragraph (a) after “8A” insert “,
8B
”.
In section 10 (acquiring authority’s liability on vesting of the land), for Where by virtue of an agreement under section 8A or
8B
different
subsection (1A) substitute—
“(1A)
interests in the land vest in the acquiring authority on different dates,
subsection (1) does not give rise to any liability in relation to an interest
until that interest becomes vested.”
In Schedule A1 (counter-notice requiring purchase of additional land), in
paragraph 2, at the end insert “(but this is subject to
section 8B
(3)
(b)
).”
In section 5A of the Land Compensation Act 1961 (relevant valuation date),
in subsection (4A), in the words before paragraph (a)—
after “8A” insert “or 8B ”;
after “postponement” insert “or advancement”.
Part 3 of the
Land Compensation Act 1973
(provisions for benefit of persons
displaced from land) is amended as set out in
subsections (2)
to
(4)
.
In section 33A (basic loss payment)—
“(1A)
In a case where the qualifying interest is in land in England,
a person to whom this section applies is entitled to payment of whichever is the lower of the following amounts—(a)
2.5% of the value of the interest;
(b)
£25,000.”;
in
subsection (2)
, at the beginning insert “In a case where the qualifying
interest is in land in Wales,”.
In section 33B (occupier’s loss payment: agricultural land)—
“(1A)
In a case where the qualifying interest is in land in England,
a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—(a)
7.5% of the value of the interest;
(b)
the land amount;
(c)
the buildings amount.
(1B)
But the maximum amount which may be paid to a person
under subsection (1A) in respect of an interest in land is £75,000.”;
in
subsection (2)
, at the beginning insert “In a case where the qualifying
interest is in land in Wales,”;
in subsection (3) , for “this section” substitute “subsection (2)”;
“(7A)
In the case of land in England, the land amount is the greater
of £900 and the amount found in accordance with the following Table—
Area of the land
Amount per hectare
Not exceeding 100 hectares
£300 per hectare or part of a hectare
Exceeding 100 hectares
(a)
£300 per hectare for the first
100 hectares;(b)
£150 per hectare for the next
300 hectares or part of a hectare.”;
in subsection (8) , at the beginning insert “In the case of land in Wales,”;
“(8A)
In the case of land in England, the buildings amount is £75 per
square metre (or part of a square metre) of the gross floor space of any buildings on the land.”;
in subsection (9) , at the beginning insert “In the case of land in Wales”.
In section 33C (occupier’s loss payment: other land)—
“(1A)
In a case where the qualifying interest is in land in England,
a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—(a)
7.5% of the value of the interest;
(b)
the land amount;
(c)
the buildings amount.
(1B)
But the maximum amount which may be paid to a person
under subsection (1A) in respect of an interest in land is £75,000.”;
in
subsection (2)
, at the beginning insert “In a case where the qualifying
interest is in land in Wales,”;
in subsection (3) , for “this section” substitute “subsection (2)”;
“(7A)
In the case of land in England, the land amount is the greater
of—(a)
£7,500;
(b)
£7.50 per square metre (or part of a square metre) of
the area of the land.(7B)
But if only part of land in which a person has an interest is
acquired, for the figure specified in subsection (7A) (a) there is substituted £900.”;
in subsection (8) , at the beginning insert “In the case of land in Wales,”;
“(9A)
In the case of land in England, the buildings amount is £75 per
square metre (or part of a square metre) of the gross internal floor space of any buildings on the land.”;
in subsection (10) —
at the beginning insert “In the case of land in Wales,”;
after “gross” insert “internal”;
omit subsection (11) .
The amendments made by
subsections (2)
to
(4)
do not apply in relation to
a compulsory acquisition where any notice of the compulsory acquisition was
given before
this section
came into force.
For the purposes of
subsection (5)
, notice of a compulsory acquisition is
given—
in the case of a compulsory acquisition which is to be authorised by
a compulsory purchase order to which the Acquisition of Land Act
1981 applies—
on the date of publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, that Act, in accordance with that Act , or
on the date of service of the notice required by
section 12
of,
or (as the case may be)
paragraph 3
of
Schedule 1
to,
that Act
, in accordance with
that Act
;
in the case of a compulsory acquisition which is to be authorised by
any other order, on the date of publication or service of any notice
that any provision of or made under any Act requires to be published
or served in connection with that acquisition, in accordance with
that
Act
;
in the case of a compulsory acquisition which is deemed to be
authorised following service of a notice by the owner requiring the
purchase of their interest, on the date on which that notice is served;
in the case of a compulsory acquisition which is to be authorised by
a special enactment, on the date of publication or service of a notice
that, in connection with that acquisition, is published or served in
accordance with any Standing Order of either House of Parliament
relating to private business.
In this section , “special enactment” means—
a local or private Act which authorises the compulsory acquisition of
land specifically identified in
that Act
, or
a provision which—
is contained in an Act other than a local or private Act, and
authorises the compulsory acquisition of land specifically
identified in
that Act
.
In section 29(1) (right to home loss payment where person displaced from
dwelling), in the words after paragraph (f), for “section 32” substitute “sections
32 and 32A”.
“32A Home loss payments: exclusions
(1)
This section applies to a person if—
(a)
the person is displaced from a dwelling on land as mentioned
in section 29(1)(a) (displacement in consequence of a compulsory acquisition),(b)
a notice falling within subsection (4) has been served on the
person in relation to the land,(c)
at the relevant time the notice has effect or is operative, and
(d)
the person has failed to comply with any requirement of the
notice.(2)
This section also applies to a person if—
(a)
the person is displaced from a dwelling on land as mentioned
in section 29(1)(a) (displacement in consequence of a compulsory acquisition),(b)
a copy of an order falling within subsection (5) has been served
on the person in relation to the land, and(c)
the order has not been quashed on appeal.
(3)
No payment may be made under section 29 to a person to whom this
section applies.(4)
These are the notices—
(a)
a notice under section 215 of the Town and Country Planning
Act 1990 (power to require proper maintenance of land);(b)
a notice under section 11 of the Housing Act 2004
(improvement notice relating to category 1 hazard);(c)
a notice under section 12 of that Act (improvement notice
relating to category 2 hazard);(d)
a notice under section 48 of the Planning (Listed Buildings and
Conservation Areas) Act 1990 or section 138 of the Historic Environment (Wales) Act 2023 (asc 3) (repairs notice prior to notice of compulsory acquisition of listed building).(5)
These are the orders—
(a)
an order under section 20 of the Housing Act 2004 (prohibition
order relating to category 1 hazard);(b)
an order under section 21 of that Act (prohibition order relating
to category 2 hazard);(c)
an order under section 43 of that Act (emergency prohibition
orders);(d)
an order under section 265 of the Housing Act 1985 (demolition
order relating to category 1 or 2 hazard).(6)
For the purposes of subsection (1) (c) , the relevant time is the date on
which any of the following occurs—(a)
in the case of a compulsory acquisition which is to be
authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—(i)
the compulsory purchase order is confirmed, other than
conditionally, under section 13 or 13A of the Acquisition of Land Act 1981;(ii)
the compulsory purchase order is made, other than
conditionally, under paragraph 4 or 4A of Schedule 1 to that Act;(iii)
a decision is made under section 13BA(2)(a) of that Act
(decision that conditions subject to which order was confirmed have been met);(iv)
a decision is made under paragraph 4AA(2)(a) of
Schedule 1 to that Act (decision that conditions subject to which order was made have been met);(b)
in the case of a compulsory acquisition which is to be
authorised by any other order, the order is made or confirmed in accordance with the procedures which apply by virtue of the Act under which it is made;(c)
(7)
In subsection (6) , references to a compulsory acquisition are to the
compulsory acquisition in consequence of which the person is displaced.(8)
(9)
In this section—
“
appropriate national authority” means—(a)
the Secretary of State, in relation to England;
(b)
the Welsh Ministers, in relation to Wales;
“
special enactment” means—(a)
a local or private Act which authorises the compulsory
acquisition of land specifically identified in that Act , or(b)
a provision which—
(i)
is contained in an Act other than a local or
private Act, and(ii)
authorises the compulsory acquisition of land
specifically identified in that Act .(10)
The power to make regulations under subsection (8) must be exercised
by statutory instrument subject to annulment in pursuance of a resolution of—(a)
either House of Parliament, in the case of regulations made by
the Secretary of State;(b)
Senedd Cymru, in the case of regulations made by the Welsh
Ministers.”
In section 33 (home loss payments for certain caravan dwellers)—
in subsection (1), for “32” substitute “32A”;
in subsection (6), for “32” substitute “32A”.
“(6)
For the purposes of subsection (1) (c) , the relevant time is the date on
which any of the following occurs—(a)
in the case of a compulsory acquisition which is to be
authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—(i)
the compulsory purchase order is confirmed, other than
conditionally, under section 13 or 13A of the Acquisition of Land Act 1981;(ii)
the compulsory purchase order is made, other than
conditionally, under paragraph 4 or 4A of Schedule 1 to that Act;(iii)
a decision is made under section 13BA(2)(a) of that Act
(decision that conditions subject to which order was confirmed have been met);(iv)
a decision is made under paragraph 4AA(2)(a) of
Schedule 1 to that Act (decision that conditions subject to which order was made have been met);(b)
in the case of a compulsory acquisition which is to be
authorised by any other order, the order is made or confirmed in accordance with the procedures which apply by virtue of the Act under which it is made;(c)
(6A)
In subsection (6)—
“special enactment” means—
(a)
a local or private Act which authorises the compulsory
acquisition of land specifically identified in that Act , or(b)
a provision which—
(i)
is contained in an Act other than a local or
private Act, and(ii)
authorises the compulsory acquisition of land
specifically identified in that Act;references to a compulsory acquisition are to the compulsory acquisition of the person’s interest in land.”
The amendments made by subsections
(2)
to
(5)
do not apply in relation to
a compulsory acquisition where any notice of the compulsory acquisition was
given before
this section
came into force.
For the purposes of
subsection (6)
, notice of a compulsory acquisition is
given—
in the case of a compulsory acquisition which is to be authorised by
a compulsory purchase order to which the Acquisition of Land Act
1981 applies—
on the date of publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, that Act, in accordance with that Act , or
on the date of service of the notice required by
section 12
of,
or (as the case may be)
paragraph 3
of
Schedule 1
to,
that Act
, in accordance with
that Act
;
in the case of a compulsory acquisition which is to be authorised by
any other order, on the date of publication or service of any notice
that any provision of or made under any Act requires to be published
or served in connection with that acquisition, in accordance with
that
Act
;
in the case of a compulsory acquisition which is deemed to be
authorised following service of a notice by the owner requiring the
purchase of their interest, on the date on which that notice is served;
in the case of a compulsory acquisition which is to be authorised by
a special enactment, on the date of publication or service of a notice
that, in connection with that acquisition, is published or served in
accordance with any Standing Order of either House of Parliament
relating to private business.
In this section, “special enactment” means—
a local or private Act which authorises the compulsory acquisition of
land specifically identified in
that Act
, or
a provision which—
is contained in an Act other than a local or private Act, and
authorises the compulsory acquisition of land specifically
identified in
that Act
.
In
section 18
of the
Neighbourhood Planning Act 2017
(power to take
temporary possession of land), for
subsection (3)
substitute— Subject to— any express provision in another Act; any provision in an order granting development consent made any provision in an order made under
section 1
or
3
of the
Transport and Works Act 1992
; any provision in an order granting infrastructure consent made
the power in subsection (2) is the only power under which a person
may take temporary possession of land compulsorily.”
“(3)
(a)
(b)
under
section 114
of the
Planning Act 2008
;
(c)
(d)
under
section 60
of the
Infrastructure (Wales) Act 2024
(asc 3);
The Acquisition of Land Act 1981 is amended as set out in subsections (2) to (4) .
In section 14A (confirmation by acquiring authority), omit subsection (2A)
(power for acquiring authority to confirm order not applicable where
compensation is assessed in accordance with section 14A of Land
Compensation Act 1961).
In Schedule 2A (enactments eligible for directions applying section 14A of
Section 125
of the
Local Government Act 1972
(compulsory
the Land Compensation Act 1961), before paragraph 1 insert—
“A1
acquisition of land on behalf of parish or community councils).”
In section 15A (directions applying section 14A of the Land Compensation
Act 1961)—
in subsection (5), after “paragraphs” insert “A1 or”;
in subsection (8)(b), after “paragraphs” insert “A1 or”.
In section 30 (amount of home loss payment in England and Wales), in
subsection (3)(a), at the end (but before the “and”) insert “(and in a case where
the compulsory purchase order authorising the acquisition directs that
compensation is to be assessed in accordance with section 14A of the Land
Compensation Act 1961 (cases where prospect of planning permission to be
ignored), the market value is the value assessed in accordance with that
section)”.
In section 33A (basic loss payment), in subsection (6), after “acquisition” insert
“(including in accordance with section 14A of the Land Compensation Act
1961 (cases where prospect of planning permission to be ignored))”.
In section 33B (occupier’s loss payment: agricultural land), in subsection (5),
after “acquisition” insert “(including in accordance with section 14A of the
Land Compensation Act 1961 (cases where prospect of planning permission
to be ignored))”.
In section 33C (occupier’s loss payment: other land), in subsection (5), after
“acquisition” insert “(including in accordance with section 14A of the Land
Compensation Act 1961 (cases where prospect of planning permission to be
ignored))”.
In Part 1 of Schedule 4 to the New Towns Act 1981 (procedure for authorising The confirming authority may appoint a person (“an inspector”) to An inspector may be appointed to act in relation to— a specific compulsory purchase order, or a description of compulsory purchase orders. An inspector has the same functions as the confirming authority Where an inspector is appointed in relation to a compulsory every person who has made a relevant objection that has the acquiring authority. Where an inspector decides whether or not to confirm the whole The confirming authority may at any time— revoke its appointment of an inspector, and appoint another inspector. If the confirming authority revokes its appointment of an inspector to the inspector whose appointment has been revoked, and to all those informed under sub-paragraph (4). Where in any enactment there is a provision that applies in relation In this paragraph—
“ in a case where the compulsory purchase order relates in a case where the compulsory purchase order relates
“
compulsory acquisitions by development corporations and local highway
authorities), after paragraph 4 insert—
“4A
(1)
act instead of it in relation to the confirmation of a compulsory
purchase order under this Schedule.
(2)
(a)
(b)
(3)
under paragraphs 2(1)(b), 3, 4, 5A, 7 and 8.
(4)
purchase order, the confirming authority must inform—
(a)
not been withdrawn, and
(b)
(5)
or part of a compulsory purchase order, the inspector’s decision is
to be treated as that of the confirming authority.
(6)
(a)
(b)
(7)
while the inspector is acting in relation to a compulsory purchase
order and does not replace the inspector, the confirming authority
must give the reasons for doing so—
(a)
(b)
(8)
to a confirming authority acting in relation to the confirmation of
a compulsory purchase order under this Schedule, that provision
is to be read as applying equally in relation to an inspector so far
as the context permits.
(9)
confirming authority” means—
(a)
to land in England, the Secretary of State, and
(b)
to land in Wales, the Welsh Ministers (see article 2
of, and Schedule 1 to, the National Assembly for
Wales (Transfer of Functions) Order 1999 (S.I.
1999/672) and paragraph 30 of Schedule 11 to the
Government of Wales Act 2006);
relevant objection” means an objection that is treated as duly
made for the purposes of this Schedule (see paragraph 4(1)).”
Schedule 2A to the Land Compensation Act 1961 (additional compensation
where section 14A applied) is amended as follows.
“Power to appoint inspector
1A
(1)
A confirming authority may appoint a person (“an inspector”) to
exercise the functions of the confirming authority in relation to an application made to it under paragraph 1(2).(2)
Where a confirming authority appoints an inspector under
sub-paragraph (1), the confirming authority must inform—(a)
the acquiring authority, and
(b)
the person who made the application.
(3)
A decision by an inspector as to whether the conditions in paragraph
1(3) are met is to be treated as a decision by the confirming authority.(4)
A direction under paragraph 1(2) made by an inspector is to be
treated as a direction of the confirming authority.(5)
The confirming authority may at any time—
(a)
revoke its appointment of an inspector, and
(b)
appoint another inspector.
(6)
If the confirming authority revokes its appointment of an inspector
while the inspector is exercising functions in relation to an application made under paragraph 1(2) and does not replace the inspector, the confirming authority must give the reasons for doing so—(a)
to the inspector whose appointment has been revoked, and
(b)
to all those informed under sub-paragraph (2) .
(7)
Where in any enactment there is a provision that applies in relation
to a confirming authority exercising functions in relation to an application under paragraph 1(2), that provision is to be read as applying equally in relation to an inspector so far as the context permits.”
In paragraph 7(1)(b) (regulations about procedure), after “confirming authority”
insert “or an inspector”.
In Part 6 of the Levelling-up and Regeneration Act 2023 (environmental outcome reports), in section 152(1) (power to specify environmental outcomes), for “a relevant offshore area” substitute “elsewhere”.
The amendments made by this Act bind the Crown to the extent that the provisions amended bind the Crown.
Subject to subsection
(2)
, an amendment, repeal or revocation made by this
Act has the same extent as the provision amended, repealed or revoked.
Paragraphs 40 and 44 of Schedule 5 extend to England and Wales only.
The following provisions extend to England and Wales and Scotland—
section 31 ;
section 48 .
The following provisions extend to Scotland only—
section 26 ;
section 47 .
In Part 1—
sections 1
and
2
come into force on such day as the Secretary of State
may by regulations appoint;
section 3 comes into force on the day on which this Act is passed;
sections 5
to
10
come into force on such day as the Secretary of State
may by regulations appoint;
section
11
comes into force at the end of the period of two months
beginning with the day on which this Act is passed;
section
21
comes into force at the end of the period of two months
beginning with the day on which this Act is passed, except that it
comes into force on the day on which this Act is passed so far as it
confers power to make regulations;
section
22
comes into force at the end of the period of two months
beginning with the day on which this Act is passed;
section 26 comes into force on the day on which this Act is passed;
section
27
comes into force at the end of the period of two months
beginning with the day on which this Act is passed;
section 28 comes into force on the day on which this Act is passed;
section
29
comes into force at the end of the period of two months
beginning with the day on which this Act is passed;
section
30
comes into force at the end of the period of two months
beginning with the day on which this Act is passed, except that it
comes into force on the day on which this Act is passed so far as it
confers power to make regulations;
section 31
comes into force at the end of the period of two months
beginning with the day on which this Act is passed.
section
34
comes into force on such day as the Secretary of State may
by regulations appoint;
section
37
comes into force on such day as the Secretary of State may
by regulations appoint;
in section 41 —
subsections (1)
and
(2)
come into force at the end of the period
of two months beginning with the day on which this Act is
passed;
subsection (3)
comes into force on such day as the Secretary
of State may by regulations appoint;
section
44
comes into force on such day as the Secretary of State may
by regulations appoint;
section 47 comes into force on the day on which this Act is passed;
section
48
comes into force at the end of the period of two months
beginning with the day on which this Act is passed;
in relation to applications made to the Secretary of State, on
the day on which the first relevant regulations made by the
Secretary of State come into force;
in relation to applications made to the Scottish Ministers, on
the day on which the first relevant regulations made by the
Scottish Ministers come into force;
in relation to applications made to the Welsh Ministers, on the
day on which the first relevant regulations made by the Welsh
Ministers come into force;
section
50
comes into force on such day as the Secretary of State may
by regulations appoint.
In Part 2—
section
52
comes into force on such day as the Secretary of State may
by regulations appoint, except that it comes into force on the day on
which this Act is passed so far as it confers power to make regulations;
in section 55 —
subsection
(1)
comes into force at the end of the period of two
months beginning with the day on which this Act is passed;
subsection
(2)
comes into force on such day as the Secretary
of State may by regulations appoint;
section [section not inserted] comes into force on the day on which
this Act is passed;
in section 56 —
subsection
(1)
comes into force at the end of the period of two
months beginning with the day on which this Act is passed;
subsection
(2)
comes into force at the same time as section
102(1) of the Levelling-up and Regeneration Act 2023;
section
57
comes into force at the end of the period of two months
beginning with the day on which this Act is passed;
section
58
comes into force on such day as the Secretary of State may
by regulations appoint;
section 60
(4)
to
(8)
come into force at the end of the period of two
months beginning with the day on which this Act is passed.
Part 4 comes into force on such day as the Secretary of State may by
regulations appoint.
In Part 5—
section
107
comes into force at the end of the period of two months
beginning with the day on which this Act is passed;
section 108
comes into force on such day as the Secretary of State may
by regulations appoint;
section
109
comes into force at the end of the period of two months
beginning with the day on which this Act is passed;
sections 110
and
111
come into force on such day as the Secretary of
State may by regulations appoint;
section
114
comes into force at the same time as section 18 of the
Neighbourhood Planning Act 2017;
section
116
comes into force at the end of the period of two months
beginning with the day on which this Act is passed.
In this Part—
section
117
comes into force at the end of the period of two months
beginning with the day on which this Act is passed;
The Secretary of State may by regulations make transitional, transitory or
saving provision in connection with the coming into force of any provision
of this Act.
Regulations under this section —
are to be made by statutory instrument;
may make different provision for different purposes or different areas.
This Act may be cited as the Planning and Infrastructure Act 2025.
Part 1 of the Electricity Act 1989 (electricity supply) is amended as follows.
Section 36 (consent required for construction etc of generating stations) is
amended as follows.
In subsection (3), for “Secretary of State” substitute “appropriate authority”.
In subsection (5A)—
for “the Water Environment (Controlled Activities) (Scotland)
Regulations 2005” substitute “the Water Environment (Controlled
Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)”;
for “Secretary of State” substitute “Scottish Ministers”.
“(5AA)
If regulations under paragraph 7B of Schedule 8 specify a time
by which the Scottish Environment Protection Agency must give advice under subsection (5A), the duty on the Scottish Ministers to have regard to the advice does not apply in relation to any advice given after the time specified.”
In subsection (5B), for “the Water Environment (Controlled Activities)
(Scotland) Regulations 2005” substitute “the Water Environment (Controlled
Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)”.
Section 36B (duties in relation to navigation) is amended as follows.
In subsection (4)(b)—
for “Secretary of State” substitute “appropriate authority”;
for “his” substitute “its”.
““
appropriate authority” has the same meaning as in section 36;”.
In
section 36C
, for the heading substitute “Application for variation of
section 36 consent”.
Section 37 (consent required for overhead lines) is amended as follows.
In subsection (1) , for “Secretary of State” substitute “appropriate authority”.
In subsection (3)—
in paragraph (a), for “Secretary of State” substitute “appropriate
authority”;
in paragraph (b), at the beginning insert “in the case of a consent
granted by the Secretary of State,”;
in paragraph (c), for “paragraph (b)” substitute “paragraphs (b) and
(ba)”.
“(6)
In this section “appropriate authority” means—
(a)
the Scottish Ministers, in relation to an electric line installed
above land in Scotland;(b)
the Secretary of State in all other cases.”
Schedule 8
to the
Electricity Act 1989
(consents of the Secretary of State
and the Scottish Ministers under sections 36 and 37) is amended as follows.
In paragraph 1 (applications for consent)—
in
sub-paragraph (1)
, after “An application” insert “that is made to
the Secretary of State”;
in sub-paragraph (2), after “application” insert “that is made to the
Secretary of State”;
in
sub-paragraph (3)
, after “applications” insert “that are made to
the Secretary of State”;
in the heading, after “Applications” insert “made to the Secretary
of State”.
Paragraph 3 (objections by other persons) is amended as follows.
In sub-paragraph (1) —
for “Secretary of State”, in each place it occurs, substitute
“appropriate authority”;
in the words after paragraph (d), for “he” substitute “the appropriate
authority”.
In sub-paragraph (2) —
“(a)
a public inquiry is not required by virtue of
paragraph 2(2) or 2A ;”;
in
paragraph (b)
, for “Secretary of State” substitute “appropriate
authority”;
in the words after paragraph (b) —
for “Secretary of State” substitute “appropriate authority”;
for “he” substitute “the appropriate authority”.
Paragraph 4 (public inquiries) is amended as follows.
In
sub-paragraph (1)
, in the words before paragraph (a), after “application”
insert “that is made to the Secretary of State”.
“(3A)
Where in accordance with paragraph 2A or 3(2) a public inquiry
is to be held in relation to an application that is made to the Scottish Ministers for consent under section 36 or 37 of this Act, and it appears to the Scottish Ministers that in addition to any public notice of such an inquiry any further notification concerning the inquiry is necessary or expedient (either by way of service of notice upon any person or in any other way), the Scottish Ministers may direct the applicant to take such further steps for this purpose as may be specified in the direction.”
In sub-paragraph (4) —
after “2(2)” insert “, 2A ”;
for “Secretary of State” insert “appropriate authority”.
Omit sub-paragraph (5).
Paragraph 5
(provisions supplementary to paragraphs 2 to 4) is amended
as follows.
In sub-paragraph (1) —
in the words before paragraph (a) , after “2(2)” insert “, 2A ”;
in paragraph (a) —
for “Secretary of State”, in both place it occurs, substitute
“appropriate authority”;
for “he” substitute “the appropriate authority”;
in
paragraph (b)
, for “Secretary of State” substitute “appropriate
authority”;
in the words after
paragraph (b)
, for “Secretary of State” substitute
“appropriate authority”.
In
sub-paragraph (2)
, for “Secretary of State”, in both places it occurs,
substitute “appropriate authority”.
Paragraph 6
(special provision as to consents under section 37) is amended
as follows.
In sub-paragraph (1) —
for “Secretary of State”, in each place it occurs, substitute
“appropriate authority”;
in
paragraph (a)
, for “he”, in both places it occurs, substitute “the
appropriate authority”;
in paragraph (b) , omit “his”, in both places it occurs.
In sub-paragraph (2) —
in the words before
paragraph (a)
, for “Secretary of State” substitute
“appropriate authority”;
in
paragraph (b)
for “his opinion” substitute “the opinion of the
appropriate authority”.
Paragraph 7A
(generating stations not within areas of relevant planning
authorities) is amended as follows.
In sub-paragraph (6)(a), after “2(2)” insert “, 2A ”.
In sub-paragraph (7) —
for “Secretary of State” substitute “appropriate authority”;
after “2(2)” insert “or 2A ”;
for “authority” substitute “planning authority”.
In sub-paragraph (8) —
for “Secretary of State” substitute “appropriate authority”;
for “authority” substitute “planning authority”;
for “he” substitute “the appropriate authority”.
In
sub-paragraph (9)
, for “Secretary of State” substitute “appropriate
authority”.
In
sub-paragraph (10)
, for “Secretary of State” substitute “appropriate
authority”.
In
paragraph 8
(supplemental), in paragraph (1), after “Schedule” insert
“ in the case of an application made to the Secretary of State, in the case of an application made to the Scottish Ministers,
“—
appropriate authority” means—
(a)
the Secretary of State;
(b)
the Scottish Ministers;”.
Section 303A of the Town and Country Planning Act 1990 (responsibility
of local planning authorities for costs of holding certain inquiries) is
amended as follows.
In subsection (2), for “or corporate joint committee” substitute “, corporate
joint committee or strategic planning authority”.
In subsection (3), for “or corporate joint committee” substitute “, corporate
joint committee or strategic planning authority”.
In subsection (6), for “or corporate joint committee” substitute “, corporate
joint committee or strategic planning authority”.
In subsection (9A)—
in the opening words and in paragraph (a), for “or corporate joint
committee” substitute “, corporate joint committee or strategic
planning authority”;
“(b)
the Secretary of State (or a person acting on the
Secretary of State’s behalf) holds a public or independent examination in relation to a strategy, plan or document prepared by the local planning authority or strategic planning authority, or by the Secretary of State under section 12P (2) (a) or 15HA(2)(a) of that Act.”
After subsection (9B) (as inserted by paragraph 7(4) of Schedule 8 to LURA In a case where a qualifying procedure is carried out in relation to
2023) insert—
“(9C)
a spatial development strategy that is prepared by a strategic
planning board under Part 1A of the Planning and Compulsory
Purchase Act 2004 (see section
12B
of that Act), the Secretary of
State may for the purposes of this section apportion the amount
that may be recovered in accordance with subsections (4) to (6)
between the constituent authorities of the board, on such basis as
the Secretary of State considers just and reasonable.”
After subsection (12) (as inserted by paragraph 7(6) of Schedule 8 to LURA In this section “strategic planning authority” has the meaning given
2023) insert—
“(13)
by section
12A
of the Planning and Compulsory Purchase Act 2004.”
In section 15LH (interpretation) (as inserted by Schedule 7 to LURA 2023),
in subsection (3), in the definition of “spatial development strategy”—
in paragraph (b), after “adopted” insert “before Part 1A comes into
force”;
“(ba)
a spatial development strategy adopted before Part
1A comes into force by a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023;
In section 113 (validity of strategies, plans and documents)—
in subsection (9)(f) (as inserted by paragraph 23(3)(c) of Schedule 8
to LURA 2023), after “adopted” insert “before Part 1A comes into
force”;
“(fa)
in the case of a spatial development strategy adopted
before Part 1A comes into force by a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023, or any alteration or replacement of it, whichever provisions of (or applied by) an order under that Act give the combined county authority powers in relation to such a strategy;
In section 91 (interpretation of Chapter 1 of Part 3), in the definition of a strategic planning authority (within the meaning given in
“relevant planning authority”, after paragraph (e) insert—
“(ea)
section
12A
of PCPA 2004),”.
In section 97 (plan making), omit “joint spatial development strategies,”.
In section 100 (assistance with plan making), in section 39A of PCPA 2004
inserted by that section, in subsection (5)(b), omit “or Part 2 of this Act”.
In Schedule 7 (plan making), omit the following provisions substituted for
sections 15 to 37 of PCPA 2004—
sections 15A to 15AI;
the italic heading before section 15A;
section 15LE(2)(a), (b) and (c);
in section 15LH(3)—
the definition of “joint spatial development strategy”;
paragraph (c) of the definition of “spatial development
strategy”.
Schedule 8 (minor and consequential amendments in connection with
Chapter 2 of Part 3) is amended as follows.
In paragraph 7, omit sub-paragraph (2)(a).
In paragraph 21(a), in the words substituted for words in section 39(1)(b)
of PCPA 2004, omit “joint spatial development strategy,”.
In paragraph 23—
in sub-paragraph (3)(c), omit paragraph (g) inserted into section
113(9) of PCPA 2004;
in sub-paragraph (5), in subsection (13) inserted into section 113 of
PCPA 2004, for “, “spatial development strategy for London” and
“joint spatial development strategy”” substitute “and “spatial
development strategy for London””.
In paragraph 25—
in paragraph (a), omit paragraph (za) inserted into section 122(5)
of PCPA 2004;
in paragraph (b), in the words inserted into section 122(6) of PCPA
2004, omit “(za),”.
In paragraph 39(6), in paragraph (6)(a) inserted into regulation 108 of the
Habitats Regulations, omit “joint spatial development strategy,”.
In paragraph 40—
in sub-paragraph (2)(a), in the words substituted for words in
paragraph (b) of the definition of “land use plan” in regulation
111(1) of the Habitats Regulations, omit “joint spatial development
strategy,”;
in sub-paragraph (3)(a), omit sub-paragraph (aa) substituted for
regulation 111(2)(a) and (b) of the Habitats Regulations.
Regulation 111 of the Habitats Regulations (interpretation of Chapter 8) is
amended as follows.
In paragraph (1), in the definition of “land use plan”—
in paragraph (a), for “(the spatial development strategy)” substitute
“(the spatial development strategy for London)”;
“(aa)
a spatial development strategy as provided for in
Part 1A of the 2004 Planning Act;(ab)
a spatial development strategy of a combined
authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, not being a spatial development strategy within paragraph (aa);(ac)
a spatial development strategy of a combined county
authority established under section 9 of the Levelling-up and Regeneration Act 2023, not being a spatial development strategy within paragraph (aa);”.
In paragraph (1), in the definition of “plan-making authority”—
in paragraph (a), after “replacement” insert “of the spatial
development strategy for London”;
“(aa)
a strategic planning authority (within the meaning
given in section 12A of the 2004 Planning Act);(ab)
a combined authority established under section 103
of the Local Democracy, Economic Development and Construction Act 2009 when exercising powers in relation to a spatial development strategy specified in paragraph (ab) of the definition of “land use plan”;(ac)
a combined county authority established under
section 9 of the Levelling-up and Regeneration Act 2023 when exercising powers in relation to a spatial development strategy specified in paragraph (ac) of the definition of “land use plan;”;
In paragraph (2)—
in sub-paragraph (c), after “strategy”, in both places, insert “for
London”;
“(ca)
the adoption or approval of a spatial development
strategy or of an alteration of such a strategy under Part 1A of the 2004 Planning Act;(cb)
the adoption or alteration of a spatial development
strategy specified in paragraph (ab) of the definition of “land use plan”;(cc)
the adoption or alteration of a spatial development
strategy specified in paragraph (ac) of the definition of “land use plan”;”.
In this Schedule—
“
PCPA 2004” means the Planning and Compulsory Purchase Act 2004;
“
LURA 2023” means the Levelling-up and Regeneration Act 2023;
“
Habitats Regulations” means the Conservation of Habitats and Species
Regulations 2017 (S.I. 2017/1012).
Sub-paragraph (2) applies where—
a developer has committed to pay, in respect of a development,
such amount of the nature restoration levy set out in a charging
schedule to the EDP as applies in relation to an environmental
impact of the development on that protected feature.
The environmental impact of the development on the protected feature is
to be disregarded for the purposes of
Part 6
of
the Habitats Regulations
2017
.
Sub-paragraph (2) applies where—
a developer has committed to pay, in respect of a development,
such amount of the nature restoration levy set out in a charging
schedule to the EDP as applies in relation to an environmental
impact of the development on that protected feature.
The environmental impact of the development on the protected feature is
to be disregarded for the purposes of—
a determination by Natural England on whether to give consent
(and if so on what terms) under section 28E of the
Wildlife and
Countryside Act 1981
or withdraw or modify any such consent,
a determination by the Secretary of State of an appeal under section
28F of that Act (appeals in connection with consents),
section 28H of that Act (statutory undertakers etc: duty in relation
to carrying out operations),
section 28I of that Act (statutory undertakers etc: duty in relation
to authorising operations), and
section 28P(2) and (5A) of that Act (offences in connection with
sections 28H and 28I of that Act).
Sub-paragraph (2) applies where—
a developer has committed to pay, in respect of a development,
such amount of the nature restoration levy set out in a charging
schedule to the EDP as applies in relation to an environmental
impact of the development on that protected feature.
The environmental impact of the development on the protected feature is
to be disregarded for the purposes of—
section 125 of the Marine and Coastal Access Act 2009 (general
duties of public authorities in relation to MCZs) insofar as it applies
to any function of a public authority of determining an application
(whenever made) relating to the development, and
section 126 of that Act (duties of public authorities in relation to
certain decisions).
Sub-paragraph (2) applies where—
a developer has committed to pay, in respect of a development,
such amount of the nature restoration levy set out in a charging
schedule to the EDP as applies in relation to an environmental
impact of the development on that protected species.
A licence under
regulation 55
(1)
of
the Habitats Regulations 2017
, relating
to the protected species and on the terms set out in the EDP, is to be treated
as having been granted to the developer by the relevant licensing body
(see regulation 58(4A) of those Regulations)
.
Sub-paragraph (2) applies where—
a developer has committed to pay, in respect of a development,
such amount of the nature restoration levy set out in a charging
schedule to the EDP as applies in relation to an environmental
impact of the development on that protected species.
A licence under section 16(3)(j) of the Wildlife and Countryside Act 1981,
relating to the protected species and on the terms set out in the EDP, is to
be treated as having been granted to the developer by the appropriate
authority (see section 16(8A) and (9) of that Act).
Sub-paragraph (2) applies where—
a developer has committed to pay, in respect of a development,
such amount of the nature restoration levy set out in a charging
schedule to the EDP as applies in relation to an environmental
impact of the development on badgers.
A licence under section 10 of the Protection of Badgers Act 1992, on the
terms set out in the EDP, is to be treated as having been granted by Natural
England to the developer.
The
Acquisition of Land Act 1981
(“ALA 1981”) applies to the compulsory
acquisition of land under section
91
, with the following modification.
Section 17
(2)
of
ALA 1981
(orders to be subject to special parliamentary
procedure in certain cases involving local authority or statutory undertakers’
land) does not apply to the acquisition of an interest in land by Natural
England acting under
section 91
.
Schedule 3 to ALA 1981 applies to the acquisition of new rights under
section
91
, with the following modification.
Paragraph 4(2) of that Schedule (orders to be subject to special parliamentary
procedure in certain cases involving local authority or statutory undertakers’
land) does not apply to the acquisition of an interest in land by Natural
England acting under
section 91
.
Sub-paragraph (2)
applies where Natural England completes the compulsory
acquisition of land under section
91
.
On completion of the acquisition—
all private rights of way on, under or over the land are extinguished,
all rights of laying down, erecting, continuing or maintaining any
apparatus on, under or over the land are extinguished, and
any such apparatus vests in Natural England.
Sub-paragraph (2) is subject to paragraphs 4 to 7 .
Natural England may give a direction before the completion of the
acquisition that
paragraph 3
(2)
is not to apply to any right or apparatus
specified in the direction.
Paragraph 3
(2)
is subject to any agreement which may be made (whether
before or after the completion of the acquisition) between—
Natural England, and
the person—
in whom the right or apparatus concerned is vested, or
to whom it belongs.
any right vested in statutory undertakers for the purpose of carrying
on their undertaking,
any apparatus belonging to statutory undertakers for that purpose,
any right conferred by, or in accordance with, the electronic
communications code on the operator of an electronic
communications code network, or
any electronic communications apparatus kept installed for the
purposes of any such network.
In sub-paragraph
(1)
“statutory undertakers” means persons who are, or
are deemed to be, statutory undertakers for the purposes of any provision
of Part 11 of the Town and Country Planning Act 1990; and “undertaking”
is to be read in accordance with section 262 of that Act (meaning of
“statutory undertakers”).
Any person who suffers loss by the extinguishment of a right, or the vesting
of any apparatus, under
paragraph 3
is entitled to compensation from
Natural England.
Any compensation payable under this paragraph is to be determined in
accordance with the Land Compensation Act 1961.
The Compulsory Purchase Act 1965 (“CPA 1965”) applies to the compulsory
acquisition of new rights under section
91
as it applies to the compulsory
purchase of land.
In its application to the compulsory acquisition of such new rights, that
Act is to have effect subject to—
such other modifications as are necessary.
One result of sub-paragraph
(2)
(b)
is that, in appropriate contexts, references
in that Act to land are to be read as referring, or as including references,
to—
the rights acquired or to be acquired, or
land over which the rights are, or are to be, exercisable,
according to the requirements of the particular context.
Section 7 of CPA 1965 is to have effect as if for the words of that section In assessing the compensation to be paid by the acquiring authority The modifications subject to which subsection (1) of section 44 of for “land is acquired or taken” there is substituted “a right for “acquired or taken from him” there is substituted “over
there were substituted—
“7
Measure of compensation in case of acquisition of new right
(1)
under this Act regard shall be had not only to the extent (if any) to
which the value of the land over which the right is acquired is
depreciated by the acquisition but also to the damage (if any) to be
sustained by the owner of the land by reason of injurious affection
of other land of the owner by the exercise of the right.
(2)
the Land Compensation Act 1973 (compensation for injurious
affection) is to have effect, as applied by subsection (2) of that section
to compensation for injurious affection under this section, are that—
(a)
over land is acquired”; and
(b)
which the right is exercisable”.”
Section 8(1) of CPA 1965 is to have effect as if references to acquiring land
were to acquiring a right in the land.
Schedule 2A to CPA 1965 is to be read as if, for the words of that Schedule, This Schedule applies where an acquiring authority serve a notice But see section 2A of the Acquisition of Land Act 1981 (under In this Schedule “house” includes any park or garden belonging A person who is able to sell the house, building or factory (“the A counter-notice under paragraph 3 must be served within the On receiving a counter-notice the acquiring authority must decide withdraw the notice to treat, accept the counter-notice, or refer the counter-notice to the Upper Tribunal. The authority must serve notice of their decision on the owner If the authority decide to refer the counter-notice to the Upper If the authority do not serve notice of a decision within the If the authority serve notice of a decision to accept the On a referral under paragraph 7 the Upper Tribunal must in the case of a house, building or factory, cause material in the case of a park or garden, seriously affect the amenity In making its determination, the Upper Tribunal must take into the effect of the acquisition of the right, the proposed use of the right, and if the right is proposed to be acquired for works or other If the Upper Tribunal determines that the acquisition of the right If the Upper Tribunal determines that the authority ought to be If the Upper Tribunal determines that the authority ought to be If the acquiring authority withdraws the notice to treat under Any dispute as to the compensation is to be determined by the
there were substituted—
“Schedule 2A
Counter-notice requiring purchase of land
Introduction
1
(1)
to treat in respect of a right over the whole or part of a house,
building or factory.
(2)
which a compulsory purchase order can exclude from this
Schedule land that is 9 metres or more below the surface).
2
to a house.
Counter-notice requiring purchase of land
3
owner”) may serve a counter-notice requiring the authority to
purchase the owner’s interest in the house, building or factory.
4
period of 28 days beginning with the day on which the notice to
treat was served.
Response to counter-notice
5
whether to—
(a)
(b)
(c)
6
within the period of 3 months beginning with the day on which
the counter-notice is served (“the decision period”).
7
Tribunal they must do so within the decision period.
8
decision period they are to be treated as if they had served notice
of a decision to withdraw the notice to treat at the end of that
period.
9
counter-notice, the compulsory purchase order and the notice to
treat are to have effect as if they included the owner’s interest in
the house, building or factory.
Determination by Upper Tribunal
10
determine whether the acquisition of the right would—
(a)
detriment to the house, building or factory, or
(b)
or convenience of the house to which the park or garden
belongs.
11
account—
(a)
(b)
(c)
purposes extending to other land, the effect of the whole
of the works and the use of the other land.
12
would have either of the consequences described in paragraph
10 it must determine how much of the house, building or factory
the authority ought to be required to take.
13
required to take some or all of the house, building or factory the
compulsory purchase order and the notice to treat are to have
effect as if they included the owner’s interest in that land.
14
(1)
required to take some or all of the house, building or factory, the
authority may at any time within the period of 6 weeks beginning
with the day on which the Upper Tribunal makes its
determination withdraw the notice to treat in relation to that land.
(2)
this paragraph they must pay the person on whom the notice
was served compensation for any loss or expense caused by the
giving and withdrawal of the notice.
(3)
Upper Tribunal.”
The provisions are—
section 9(4) (failure of owners to convey),
paragraph 10(3) of Schedule 1 (owners under incapacity),
paragraph 2(3) of Schedule 2 (absent and untraced owners), and
paragraphs 2(3) and 7(2) of Schedule 4 (common land).
The provisions are to be read as if they were modified so as to secure that,
as against persons with interests in the land which are expressed to be
overridden by the deed, the right which is to be acquired compulsorily is
vested absolutely in the acquiring authority.
Section 11 of CPA 1965 (powers of entry) is to be read as if it were modified
so as to secure that, where the acquiring authority have served notice to
treat in respect of any right as well as the notice required by subsection
(1) of that section (as it applies to a compulsory acquisition under section
91
), they have power, exercisable in the same circumstances and subject to
the same conditions, to enter for the purpose of exercising that right; and
sections 11A (powers of entry: further notices of entry), 11B (counter-notice
requiring possession to be taken on specified date), 12 (penalty for
unauthorised entry) and 13 (entry on enforcement officer’s or sheriff’s
warrant in the event of obstruction) of that Act are modified accordingly.
Section 20 of CPA 65 (compensation for short-term tenants) is to be read
as if it were modified so as to secure that persons with such interests as
are mentioned in that section are compensated in a manner corresponding
to that in which they would be compensated on a compulsory purchase
of the interests but taking into account only the extent (if any) of such
interference with such interests as is actually caused, or likely to be caused,
by the exercise of the right concerned.
Section 22 of CPA 65 (protection of acquiring authority’s possession of land
where by inadvertence an interest in the land has not been purchased) is
to be read as if it were modified so as to enable the acquiring authority,
in circumstances corresponding to those referred to in that section, to
continue to be entitled to exercise the right concerned, subject to compliance
with that section as respects compensation.
The Compulsory Purchase (Vesting Declarations) Act 1981 (“CP(VD)A
1981”) applies to the compulsory acquisition of new rights under
section
91
—
with the modifications specified in paragraph 16 ; and
with such other modifications as may be necessary.
The modifications of CP(VD)A 1981 referred to in
paragraph 15
(a)
are as
follows.
References to CPA 1965 are, in appropriate contexts, to be read (according
to the requirements of the particular context) as referring to, or as including
references to—
the right acquired or to be acquired; or
the land over which the right is, or is to be, exercisable.
References to CPA 1965 are to be read as references to that Act as it applies
to the compulsory acquisition of a right under
section 91
.
Section 8(1) (vesting, and right to enter and take possession) is to be read
as securing that—
a general vesting declaration in respect of any right vests the right
in the acquiring authority on the vesting date; and
as from the vesting date, the acquiring authority has power,
exercisable in the same circumstances and subject to the same
conditions, to enter land for the purpose of exercising that right as
if the circumstances mentioned in paragraph (a) and (b) of section
8(1) had arisen.
Section 9(2) (right of entry under section 8(1) not exercisable in respect of
land subject to certain tenancies unless notice has been served on occupiers
of the land) is to be read as requiring a notice served by the appropriate
authority under that provision to refer to the authority’s intention to enter
land specified in the notice in order to exercise the right.
In section 10(1) (acquiring authority’s liability on vesting of the land), the
reference to the acquiring authority’s taking possession of the land under
section 11 of CPA 1965 is to be read as a reference to the authority’s
exercising the power to enter the land under that provision as modified
by
paragraph 12
of this Schedule.
Schedule A1 (counter-notice requiring purchase of land not in general
vesting declaration) is to be read as if—
in paragraph 1(1), for “part only of” there were substituted “only
the acquisition of a right over”;
paragraph 1(2) were omitted;
references to the land proposed to be acquired were (subject to
paragraph (e) below) to the right proposed to be acquired;
references to the additional land were to the house, building or
factory over which the right is proposed to be exercisable;
in paragraphs 14 and 15, references to the severance of land
proposed to be acquired were to the acquisition of the right; and
in paragraph 15, after “in addition to” there were inserted “or in
substitution for”.
The enactments relating to compensation for the compulsory purchase of
land apply—
with the modification specified in paragraph 18 , and
with such other modifications as are necessary,
in relation to the acquisition of new rights under section 91 as they apply to compensation for the compulsory purchase of land.
Sub-paragraph (1) is without prejudice to the generality of paragraph 8 .
Section 5A (relevant valuation date) of the Land Compensation Act 1961 If— the acquiring authority enters on land for the purpose of the acquiring authority is subsequently required by a the acquiring authority enters on and takes possession of
the authority is deemed for the purposes of subsection (3)(a) to have
entered on that land when it entered on that land for the purpose
of exercising that right.
If— a right over land is the subject of a general vesting by virtue of paragraph 11(2) or 16(2) of Schedule A1 to the the vesting date for the right is different from the vesting
the first of the vesting dates is deemed for the purposes of subsection
(4)(a) to be the vesting date for the whole of the land.”
is to be read as if for subsections (5A) and (5B) there were substituted—
“(5A)
(a)
exercising a right in pursuance of a notice of entry under
section 11(1) of the Compulsory Purchase Act 1965 (as
modified by
paragraph 12
of Schedule
4
to the Planning and
Infrastructure Act 2025),
(b)
determination under paragraph 13 of Schedule 2A to the
1965 Act (as substituted by
paragraph 10
of Schedule
4
to
the Planning and Infrastructure Act 2025) to acquire an
interest in the land, and
(c)
that land,
(5B)
(a)
declaration,
(b)
Compulsory Purchase (Vesting Declarations) Act 1981, the
declaration has effect as if it included an interest in the land,
and
(c)
date for the interest in the land,
The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)
are amended as follows.
In regulation 3 (interpretation), in paragraph (1)—
““
the national Ramsar site series” means all the wetlands in the
United Kingdom that have been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article;”;
““
Ramsar Convention” means the Convention on Wetlands of
International Importance especially as Waterfowl Habitat signed at Ramsar on 2 February 1971, as amended by—(a)
the Protocol known as the Paris Protocol done at Paris
on 3 December 1982, and(b)
the amendments known as the Regina Amendments
adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28 May and 3 June 1987;but if that Convention is further amended after the passing of the Planning and Infrastructure Act 2025, the references to the Ramsar Convention in these Regulations are to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision);
“
Ramsar site” means a site that has been designated under
paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article ;”.
In regulation 24 (assessment of implications for European sites)—
“(2A)
Where it appears to Natural England that a notice of a
proposal under section 28E(1)(a) of the WCA 1981 relates to an operation which is or forms part of a plan or project situated wholly in England which—(a)
is likely to have a significant effect on a Ramsar site (either
alone or in combination with other plans or projects), and(b)
is not directly connected with or necessary to the
management of that site,it must make an appropriate assessment of the implications for that site in view of that site’s conservation objectives.
(2B)
In the light of the conclusions of the assessment, Natural
England may give consent for the operation only after having ascertained that the plan or project will not adversely affect the integrity of the site.”;
in the heading, at the end insert “and certain Ramsar sites”.
In regulation 25 (sites of special scientific interest which become European
sites: duty to review)—
in paragraph (1)—
(a)”;
(b)
a consent for an operation situated wholly in
England has been given under section 28E(3)(a) of the WCA 1981 (or has effect as if given under that section) in relation to land included in a site of special scientific interest which, after the date of that consent, becomes land within a Ramsar site.”;
in paragraph (3)—
in sub-paragraph (a), after “24(1)” insert “or (2A)”;
in sub-paragraph (b), after “24(2)” insert “or (2B)”;
in the heading, after “European sites” insert “or Ramsar sites”.
In the italic heading before regulation 63, for “and European offshore marine
sites” substitute “, European offshore marine sites and certain Ramsar sites”.
In regulation 63 (assessment of implications for European sites and European
offshore marine sites)—
“(1A)
A competent authority, before deciding to undertake, or
give any consent, permission or other authorisation for, a plan or project situated wholly in England which—(a)
is likely to have a significant effect on a Ramsar site (either
alone or in combination with other plans or projects), and(b)
is not directly connected with or necessary to the
management of that site,must make an appropriate assessment of the implications of the plan or project for that site in view of that site’s conservation objectives.”;
in paragraph (5), after “European site” insert “, the Ramsar site”;
in paragraph (9), for “paragraph (1)” substitute “paragraphs (1) and
(1A)”;
in the heading, for “and European offshore marine sites” substitute
“, European offshore marine sites and certain Ramsar sites”.
In regulation 64 (considerations of overriding public interest), in paragraph
(1), after “European site” insert “, the Ramsar site”.
In regulation 65 (review of existing decisions and consents) in paragraph
(1)—
after “European site” insert “, a Ramsar site”;
after “63(1)” insert “or (1A)”.
In regulation 67 (co-ordination where more than one competent authority
involved)—
in paragraph (2), after “(1)” insert “or (1A)”;
in paragraph (3)(a), after “European site” insert “, a Ramsar site”;
in paragraph (3)(b), after “European site” insert “, a Ramsar site”.
In regulation 68—
the existing text becomes paragraph (1);
“(2)
Where in accordance with regulation 64—
(a)
a plan or project in England is agreed to, notwithstanding
a negative assessment of the implications for a Ramsar site, or(b)
a decision, or a consent, permission or other authorisation,
is affirmed on review, notwithstanding such an assessment,the appropriate authority must secure that any necessary compensatory measures are taken to ensure that the overall coherence of the national Ramsar site series is protected.”
In regulation 70 (grant of planning permission)—
in paragraph (2), after “European site” insert “, a Ramsar site”;
in paragraph (3), after “European site” insert “, a Ramsar site”.
In regulation 72 (planning permission: consideration on review), in
paragraph (3), after “European site” insert “, a Ramsar site”.
In regulation 73 (planning permission: effect of orders made on review),
in paragraph (6), after “European site” insert “, a Ramsar site”.
In regulation 75 (general development orders)—
the existing text becomes paragraph (1);
“(2)
It is a condition of any planning permission granted by a
general development order made by the Secretary of State on or after the day on which this paragraph comes into force that development which—(a)
is likely to have a significant effect on a Ramsar site (either
alone or in combination with other plans or projects), and(b)
is not directly connected with or necessary to the
management of the site,must not be begun until the developer has received written notification of the approval of the local planning authority under regulation 77 (approval of local planning authority).”
In regulation 75(2) (as inserted by sub-paragraph (1)), after “force” insert
“or a street vote development order”.
In regulation 76 (general development orders: opinion of appropriate nature
conservation body), in paragraph (7), for “75(a)” substitute “75(1)(a) or
(2)(a)”.
In regulation 77 (general development orders: approval of local planning
authority), in paragraph (6), after “European site” insert “, the Ramsar site”.
In regulation 79 (special development orders), in paragraph (4)(b), after
“European site” insert “, a Ramsar site”.
In regulation 80 (local development orders), in paragraph (4)(b), after
“European site” insert “, a Ramsar site”.
In regulation 81 (neighbourhood development orders), in paragraph (4)(b),
after “European site” insert “, a Ramsar site”.
In regulation 82 (simplified planning zones)—
“(2A)
Where a simplified planning zone scheme for an area in
England is adopted or approved, that scheme is not to be taken to grant planning permission for development which—(a)
is likely to have a significant effect on a Ramsar site (either
alone or in combination with other plans or projects), and(b)
is not directly connected with or necessary to the
management of the site,unless adopted or approved in accordance with the assessment provisions.”;
in paragraph (5)(b), after “European site” insert “, a Ramsar site”.
In regulation 83 (enterprise zones)—
“(2A)
Where an order designating an enterprise zone is made for
an area wholly in England, or where a modified enterprise zone scheme is approved for such an area, that order or scheme is not to be taken to grant planning permission for development which—(a)
is likely to have a significant effect on a Ramsar site (either
alone or in combination with other plans or projects), and(b)
is not directly connected with or necessary to the
management of the site,unless made or approved in accordance with the assessment provisions.”;
“(4A)
Paragraph (2A) does not apply to an order made or a
scheme approved before the day on which this paragraph comes into force.”;
in paragraph (5)(b), after “European site” insert “, a Ramsar site”.
In regulation 84 (grant of development consent), in paragraph (2), after
“European site” insert “, a Ramsar site”.
In regulation 85 (development consent: review), in paragraph (1)(a), after
“European site” insert “, a Ramsar site”.
In regulation 85A (assumptions to be made about nutrient pollution
standards: general), in paragraph (6)(a), after “63(1)” insert “or (1A)”.
In regulation 87 (construction or improvement of highways or roads), in
paragraph (2)(b), after “European site” insert “, a Ramsar site”.
“(4)
Section 3(10) of that Act is not to be taken to deem planning
permission to be granted for development wholly in England which—(a)
is likely to have a significant effect on a Ramsar site (either
alone or in combination with other plans or projects), and(b)
is not directly connected with or necessary to the
management of the site,whether or not the development authorised by the permission has been begun, unless the competent authority has agreed to the plan or project in accordance with the assessment provisions.”
In regulation 89 (consents under Electricity Act 1989: application of
assessment and review provisions)—
in paragraph (2), after “European site” insert “, a Ramsar site”;
in paragraph (6), after “European site” insert “, a Ramsar site”;
in paragraph (8), after “European site” insert “, a Ramsar site”.
In regulation 93 (authorisations under Pipe-lines Act 1962: application of
assessment and review provisions)—
in paragraph (2), after “European site” insert “, a Ramsar site”;
in paragraph (3)(a)(ii), after “European site” insert “, a Ramsar site”;
in paragraph (4), after “European site” insert “, a Ramsar site”.
In regulation 97 (orders under Transport and Works Act 1992: application
of assessment and review provisions)—
in paragraph (2), after “European site” insert “, a Ramsar site”;
in paragraph (3), after “European site” insert “, a Ramsar site”;
in paragraph (4), after “European site” insert “, a Ramsar site”.
In regulation 101 (environmental permits)—
in paragraph (2), after “European site” insert “, a Ramsar site”;
in paragraph (4), after “European site” insert “, a Ramsar site”.
In regulation 102 (abstraction and works authorised under water
legislation)—
in paragraph (3), after “European site” insert “, a Ramsar site”;
in paragraph (6), after “European site” insert “, a Ramsar site”.
In regulation 103 (marine works)—
in paragraph (2), after “European site” insert “, a Ramsar site”;
in paragraph (4), after “European site” insert “, a Ramsar site”.
In regulation 104 (derogations in relation to nitrate pollution prevention
legislation), in paragraph (2), after “European site” insert “, a Ramsar site”.
In regulation 105 (assessment of implications for European sites and
European offshore marine sites)—
“(1A)
Where a land use plan relating to an area wholly in
England—(a)
is likely to have a significant effect on a Ramsar site (either
alone or in combination with other plans or projects), and(b)
is not directly connected with or necessary to the
management of the site,the plan-making authority for that plan must, before the plan is given effect, make an appropriate assessment of the implications for the site in view of that site’s conservation objectives.”;
in paragraph (4), after “European site” insert “, the Ramsar site”;
in the heading, for “and European offshore marine sites” substitute
“, European offshore marine sites and certain Ramsar sites”.
In regulation 106 (assessment of implications for European site:
neighbourhood development plans)—
in paragraph (3), after “European site” insert “or Ramsar site”;
in the heading, for “site” substitute “sites and Ramsar sites”.
In regulation 107 (considerations of overriding public interest), in paragraph
(1), after “European site” insert “, the Ramsar site”.
In regulation 108 (co-ordination for land use plan prepared by more than
one authority)—
in paragraph (2), after “(1)” insert “or (1A)”;
in paragraph (3), after “105(1)” insert “or (1A)”;
in paragraph (3)(a), after “European site” insert “, a Ramsar site”;
in paragraph (3)(b), after “European site” insert “, a Ramsar site”.
In regulation 109 (compensatory measures)—
the existing text becomes paragraph (1);
“(2)
Where in accordance with regulation 107 a land use plan is
given effect notwithstanding a negative assessment of the implications for a Ramsar site, the appropriate authority must secure that any necessary compensatory measures are taken to ensure that the overall coherence of the national Ramsar site series is protected.”
In regulation 110A (assessments under this Chapter: required
assumptions)—
in paragraph (5)(a), after “105(1)” insert “or (1A)”;
in paragraph (5)(b), after “105(1)” insert “or (1A)”.
Section 16 of the Wildlife and Countryside Act 1981 (power to grant
licences) is amended as follows (see also
section 119
(2)
(extent of this
paragraph is England and Wales only)).
“(6A)
The maximum period for the validity of a licence set out in
subsection (6)(b) does not apply to—(a)
a licence granted to Natural England to facilitate the carrying
out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, or(b)
a licence that, by virtue of paragraph 5 of Schedule 3 to that
Act, is treated as having been granted to a developer under subsection (3).”
“(8ZA)
In this section, in the case of a licence granted to Natural England
under subsection (3) to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, “the appropriate authority” means the Secretary of State.”
In subsection (8A), at the end insert “, but this is subject to subsection
(8ZA).”
In subsection (9), in the words before paragraph (a), after “subsections”
insert “(8ZA),”.
The Town and Country Planning Act 1990 is amended as follows.
In section 74A (deemed discharge of planning conditions), in subsection
(2A)—
(a)”;
In section 100ZA (restrictions on power to impose planning conditions in
England), in subsection (6), after “apply” insert “—
(a)
(b)”.
Section 10 of the Protection of Badgers Act 1992 (licences) is amended as
follows (see also
section 119
(2)
(extent of this paragraph is England and
Wales only)).
In subsection (1)—
in paragraph (d), for “to interfere with a badger sett” substitute “to
kill or take badgers in England, or to interfere with a badger sett,”;
“(fa)
in England, for the purpose of preserving public
health or safety or for reasons of overriding public interest, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified.”
“(1A)
In the case of a licence granted to Natural England to facilitate the
carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, the reference in subsection (1) to the appropriate conservation body is to be read as a reference to the Secretary of State.”
In subsection (2)—
in paragraph (d), for “to interfere with a badger sett” substitute “to
kill or take badgers in England, or to interfere with a badger sett,”;
“(e)
in England, for the purpose of preserving public
health or safety or for reasons of overriding public interest, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified.”
“(2A)
In the case of a licence that, by virtue of paragraph 6 of Schedule
3 to the Planning and Infrastructure Act 2025, is treated as having
been granted to a developer under subsection (2)(d) or (e), the reference in subsection (2) to the appropriate Minister is to be read as a reference to Natural England.”
In subsection (6), for “or (d)” substitute “, (d) or (e)”.
“(8A)
A licence granted under this section in relation to an area in
England—(a)
may be, to any degree, general or specific;
(b)
may be granted either to persons of a class or to a particular
person;(c)
may be modified at any time by the authority by whom it
was granted;(d)
is to be valid for the period specified in the licence.
(8B)
A fee may be charged for granting a licence in relation to an area
in England under this section.”
“(9A)
Natural England or the Secretary of State must not grant a licence
under this section in relation to an area in England unless satisfied—(a)
that there is no other satisfactory solution, and
(b)
that the grant of the licence is not detrimental to the survival
of any population of badgers.”
The Marine and Coastal Access Act 2009 is amended as follows.
In section 125 (general duties of public authorities in relation to MCZs), This section does not apply to the exercise by a public authority of
after subsection (12) insert—
“(12A)
functions under or by virtue of Part
3
of the Planning and
Infrastructure Act 2025 (development and nature recovery).”
In section 141 (exceptions to offences under section 139 or 140), in subsection was done by a public authority exercising functions under
(1), after paragraph (a) insert—
“(aa)
or by virtue of Part
3
of the Planning and Infrastructure Act
2025 (development and nature recovery);”.
In the Environmental Assessment of Plans and Programmes Regulations an environmental delivery plan, within the meaning of Part
3
of
2004 (S.I. 2004/1633), in regulation 5 (environmental assessment for plans
and programmes: first formal preparatory act on or after 21 July 2004), in
paragraph (5) (plans in relation to which assessments are not required
under the regulations), after paragraph (a) insert—
“(aa)
the Planning and Infrastructure Act 2025;”.
The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)
are amended as follows.
In regulation 9 (duties relating to compliance with the Directives)—
“(2A)
Paragraph (1) does not apply to functions exercisable under
or by virtue of Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).”;
“(3A)
Paragraph (3) does not apply to functions exercised by a
competent authority in connection with an environmental delivery plan within the meaning of Part 3 of the Planning and Infrastructure Act 2025.”
In regulation 55 (licences for certain activities relating to animals or plants), The maximum time period for a licence set out in paragraph (10) a licence granted to Natural England to facilitate the carrying out a licence that, by virtue of paragraph
4
of
Schedule 3
to the
after paragraph (10) insert—
“(10A)
does not apply to—
(a)
of any conservation measures within the meaning of Part
3
of the
Planning and Infrastructure Act 2025, or
(b)
Planning and Infrastructure Act 2025, is treated as having been
granted to a developer under regulation 55.”
In regulation 58 (relevant licensing body)—
in paragraph (2), at the beginning insert “Subject to paragraph (2A),”;
“(2A)
In the case of a licence granted to Natural England under
regulation 55(1) for a purpose specified in any of paragraph (2)(a) to (d) of that regulation, to facilitate the carrying out of any conservation measures, “relevant licensing body” means the Secretary of State.”;
in paragraph (3), at the beginning insert “Subject to paragraph (4A),”;
“(4A)
In the case of a licence that, by virtue of paragraph 4 of Schedule 3 to the Planning and Infrastructure Act 2025, is treated
as having been granted to a developer under regulation 55(1) for any of the purposes specified in regulation 55(2)(e) to (g), “relevant licensing body” means—(a)
so far as the licence relates to the restricted English inshore
region, the Marine Management Organisation; and(b)
otherwise, Natural England.”;
in paragraph (6), for “paragraph (2)” substitute “this regulation”;
“(7)
In paragraph (2A), “conservation measure” has the same
meaning as in Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).”
In regulation 62 (application of the provisions of Chapter 1 of Part 6), after But the requirements of the assessment provisions and the review In paragraph (1A), “environmental delivery plan” and “conservation
paragraph (1) insert—
“(1A)
provisions do not apply in relation to an environmental delivery plan or
any conservation measures under it.
(1B)
measures” have the same meaning as in Part
3
of the Planning and
Infrastructure Act 2025 (development and nature recovery).”
In regulation 63 (assessment of implications for European sites etc), in
“See also paragraph 1 of Schedule
3
to the Planning and Infrastructure Act
2025 (environmental delivery plans: effect on environmental obligations).”
paragraph (7), at the end insert—
A
bill
to
Make provision about infrastructure; to make provision about town and country planning; to make provision for a scheme, administered by Natural England, for a nature restoration levy payable by developers; to make provision about development corporations; to make provision about the compulsory purchase of land; to make provision about environmental outcomes reports; and for connected purposes.
Ordered to be Printed, .
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