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.
Be 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:—
Part 1 — Infrastructure¶
Chapter 1 — Nationally significant infrastructure projects¶
1 National policy statements: review¶
(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).
(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(5A) But, unless and until a statement’s designation as a national policy statement is withdrawn— (a) the Secretary of State must amend each national policy statement within the initial period (see section 6ZA), and (b) the Secretary of State must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) Subsections (2) to (5) explain what is meant by “the initial period” in section 6(5A)(a). (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.
2 National policy statements: parliamentary requirements¶
(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(8A)), the amendment being laid under section 9(2); (b) in any other case, the amendment being laid under section 9(8).
;(8A) Subsections (4) to (8) do not apply in relation to the proposal if it— (a) is an amendment within subsection (11), or (b) consists only of amendments within that subsection.
(11) An amendment is within this subsection if it is an amendment proposed to a national policy statement in order to reflect— (a) published Government policy that is relevant to development of a description to which the statement relates, (b) the amendment, revocation or repeal of legislation referred to in the statement, or the amendment, revocation, repeal or coming into force of legislation relevant to development of a description to which the statement relates, (c) a change (not within paragraph (a) or (b)) to a published document referred to in the statement, or (d) a decision of a court in proceedings referred to in section 13 or 118, or other proceedings, so far as relevant to the interpretation of the statement or legislation referred to in the statement. (12) In subsection (11) “legislation” means an Act or an instrument made under an Act. (13) In this section “the laying requirement” means— (a) if the proposal is one to which subsections (4) to (8) do not apply, subsection (2); (b) otherwise, subsection (8).
3 Power to disapply requirement for development consent¶
(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) The Secretary of State may give a direction that development consent is not required for development specified in the direction.
(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) The conditions referred to in subsection (4)(a) are that— (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) The conditions referred to in subsection (4)(b) are that— (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) In this section “direction” means a direction under section 35B(1). (2) Subsection (3) applies if— (a) the Secretary of State decides to give a direction that has been requested as described in section 35B(5), and (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) In the application of subsection (3) to a direction that is to specify development for which an application seeking development consent has been made (see section 35B(7)), references to the proposed application include references to the application. (5) If the Secretary of State receives a request for a direction as described in section 35B(5) or (6), the Secretary of State must give reasons for the decision to give or not to give the requested direction to the person who made the request. (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) make provision about time limits for decisions about whether to give directions under section 35B(1) following qualifying requests (including provision for the extension of any prescribed period in prescribed circumstances); (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 this section “qualifying request” means a request in relation to which the conditions in section 35B(5) or (6) are satisfied.
;(1AA) Subsection (1) does not apply to the construction or extension of a generating station in England if the construction or extension constitutes development specified in a direction under section 35B(1) of the Planning Act 2008 (direction disapplying requirement for development consent).
(12) In subsection (1AA) “England” does not include waters in England (nor waters adjacent to England).
4 Applications for development consent: removal of certain pre-application requirements¶
Omit the following sections of the Planning Act 2008—5 Applications for development consent: changes related to section 4¶
;(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) The information referred to in subsections (1)(a), (1A)(a) and (1B)(a) is as follows— (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.
;(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.
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.
6 Applications for development consent: acceptance stage¶
(5) The duty under subsection (4) includes a duty to make arrangements for inspection by the public of a revised version of anything mentioned in that subsection (see section 55A).
(2A) Subject to section 55A(7) and (8), the Secretary of State must make the decision within the period of 28 days beginning with the day after the day on which the Secretary of State receives the application.
;(ca) that the applicant has complied with section 46 (duty to notify Secretary of State and others of proposed application), and
(f) that the standard of the application (including accompaniments) is such that it is suitable to proceed to examination under Chapter 4.
(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).
(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 give the applicant reasons for that decision.
55A Changes to applications
(1) The following provisions of this section apply where— (a) the Secretary of State reaches the conclusions in section 55(3)(a), (c) and (ca) in relation to an application, and (b) the Secretary of State concludes that the application would be likely to be of the required standard if the applicant were to— (i) provide supplementary or revised information, (ii) make clarifications or corrections, or (iii) make other limited changes. (2) At any time within the period specified in section 55(2A), the Secretary of State may notify the applicant of the actions to be taken as mentioned in subsection (1)(b), specifying the last day of the response period as the deadline for compliance with the notice. (3) “The response period” means the period of 28 days beginning with the day on which the notice is given. (4) Subsections (5) to (9) apply where the Secretary of State gives a notice to the applicant under subsection (2). (5) If, during the response period, the Secretary of State notifies the applicant of any further actions as mentioned in subsection (1)(b) that would be likely to bring the application up to the required standard, the applicant must comply with that notice within the response period. (6) At any time within the response period, the Secretary of State may, if the Secretary of State considers it appropriate to do so, notify the applicant of a later day as the deadline for compliance with the notice under subsection (2) or, as the case may be, that notice and any further notice under subsection (5). (7) If the applicant provides any document or information to the Secretary of State by the specified day in response to a notice under subsection (2) or (5), the Secretary of State must make a decision under section 55(2) within the period of 28 days beginning with the day after the specified day. (8) If the applicant does not provide any document or information to the Secretary of State by the specified day in response to a notice under subsection (2) or (5), the Secretary of State must make a decision under section 55(2) within the period of 7 days beginning with the day after the specified day. (9) In subsections (7) and (8), “the specified day” means— (a) the day specified in the notice under subsection (2), or (b) if a later day is notified under subsection (6), that later day. (10) In this section, “the required standard” means the standard specified in section 55(3)(f).
7 Applications for development consent: local impact reports and representations¶
(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.
8 Examination of applications for development consent¶
(5A) Power under this section to make rules includes power to make transitional provision.
9 Applications for development consent: 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.
10 Planning Act 2008: right to enter and survey land¶
(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).
(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.
;(zb) in subsections (4B) and (4E), the references to a justice of the peace were references to a sheriff or summary sheriff,
.(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
11 Changes to, and revocation of, development consent orders¶
(6A) If a development consent order is changed in exercise of the power conferred by paragraph 3(1), the development consent order continues in force. (6B) If a development consent order is changed or revoked in the exercise of the power conferred by paragraph 3(1), the change or revocation takes effect on— (a) the date on which the order making the change or revocation is made, or (b) if the order specifies a date on which the change or revocation takes effect, the specified date. (6C) Except in a case within sub-paragraph (7), the Secretary of State must publish an order making a change to, or revoking, a development consent order in such manner as the Secretary of State thinks appropriate.
12 Planning Act 2008: legal challenges¶
.(ca) from a refusal of 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), if the High Court decides that the application for permission to apply for judicial review is totally without merit;
Chapter 2 — Electricity infrastructure¶
Connections to the electricity transmission and distribution systems¶
13 Connections to electricity network: licence and other modifications¶
14 Scope of modification power under section 13¶
(m) under section 13 of the Planning and Infrastructure Act 2025.
15 Procedure relating to modifications under section 13¶
16 Directions to modify connection agreements¶
;(d) section 16(10) of the Planning and Infrastructure Act 2025 (duty to comply with direction under section 16 of that Act).
(h) section 16(10) of the Planning and Infrastructure Act 2025 (duty to comply with direction under section 16 of that Act).
17 Managing connections to the network: strategic plans etc¶
165A Functions relating to network connections: duty to have regard to designated plans
(1) The ISOP must, when carrying out any of its functions relating to the management of connections to the transmission system, have regard to the designated strategic plans. (2) The Secretary of State may by regulations designate plans or documents for the purposes of this section. (3) In subsection (1), the reference to “the designated strategic plans” is 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.
;(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.
(6) In this section, “the designated strategic plans” means the plans or documents designated by regulations made under section 165A(2) of the Energy Act 2023 (functions of the Independent System Operator and Planner relating to network connections).
.(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
Consents for electricity infrastructure in Scotland¶
18 Consents for generating stations and overhead lines: applications¶
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) The steps that may be the subject of provision made by virtue of sub-paragraph (2)(a) include— (a) notifying prescribed persons of the proposed application, (b) publicising the proposed application, and (c) carrying out a consultation about the proposed application.
;(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.
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) Where the reporter proposes a procedure that includes proceedings within sub-paragraph (2)(b), (c) or (e), the proposal must include a statement of the issues that are proposed to be within the scope of each of those proceedings. (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) The Secretary of State or the Scottish Ministers may by regulations make provision amending or setting out further detail about the procedure set out in this paragraph. (See also paragraph 7B(2)(e).) (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; (b) a person to respond to a pre-application consultation (see paragraph 1A(3)(c)); (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) Where regulations under this paragraph specify a time limit for the completion of an acceptance stage (see paragraph 1A(2)(c)), the regulations may not permit the extension of that limit.
19 Variation of consents etc¶
After section 37 of the Electricity Act 1989 insert—37A Application for variation of section 37 consent: Scotland
(1) The person for the time being entitled to the benefit of a section 37 consent that was granted by the Scottish Ministers may make an application to the Scottish Ministers for the consent to be varied. (2) The Secretary of State or the Scottish Ministers may by regulations make provision about variation under this section, including in particular provision about— (a) the making and withdrawal of applications; (b) fees; (c) publicity and consultation requirements; (d) rights to make representations; (e) public inquiries; (f) consideration of applications. (3) The regulations may provide for any statutory provision applicable 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) On an application for a section 37 consent to be varied, the Scottish Ministers may make such variations to the consent as appear to them to be appropriate, having regard (in particular) to— (a) the applicant’s reason for seeking the variation; (b) the variations proposed; (c) any objections made to the proposed variations, the views of consultees and the outcome of any public inquiry. (5) In this section— 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) The Scottish Ministers may vary a consent under section 36 or 37 if— (a) they consider that the consent ought to be varied— (i) because of a change in circumstances relating to the environment, or (ii) because of technological changes, and (b) the person for the time being entitled to the benefit of the consent agrees to the variation. (2) The Secretary of State or the Scottish Ministers may by regulations make provision about variation under this section, including in particular provision about— (a) the procedure for getting agreement; (b) publicity, notification and consultation requirements; (c) rights to make representations. (3) The regulations may provide for any statutory provision applicable 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) In this section, “statutory provision” has the same meaning as in section 37A. 37C Correction of errors in consent documents: Scotland
(1) The Scottish Ministers may amend a decision document in order to correct a correctable error. (2) In subsection (1)— correctable error means an error or omission which— (a) is in a part of the decision document which records the decision, and (b) is not part of the statement of reasons for the decision; decision document means— (a) a document recording a consent under section 36 or 37, or (b) a document recording a variation of such a consent. (3) The Scottish Ministers may exercise the power in subsection (1) either of their own accord or following a written request from a person for the time being entitled to the benefit of the consent. (4) The Secretary of State or the Scottish Ministers may by regulations make provision about the process for corrections, including in particular provision about— (a) the making of written requests; (b) notification requirements; (c) rights to make representations.
20 Proceedings for questioning certain decisions on consents¶
(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).
.(ba) any decision to give a direction under section 57(2) or (2ZA);
21 Applications for necessary wayleaves: fees¶
In Schedule 4 to the Electricity Act 1989 (other powers etc of licence holders), after paragraph 6 insert—Fees for applications under paragraph 6(3) to the Scottish Ministers
6A The Scottish Ministers may by regulations make provision about the fees to be paid to the Scottish Ministers in relation to an application made to them under paragraph 6(3).
22 Regulations¶
.(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;
(a) section 36C, (b) section 37A, (c) section 37B, (d) section 37C, (e) paragraph 6A of Schedule 4, or (f) any paragraph of Schedule 8 except paragraph 2A, are subject to the negative procedure.
(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; (d) paragraphs 1A, 2A and 7B of Schedule 8.
23 Sections 18 to 22: minor and consequential amendments¶
Schedule 1 makes—24 Environmental impact assessments for electricity works¶
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”.
Long duration electricity storage¶
25 Long duration electricity storage¶
In the Electricity Act 1989, after section 10O insert—Long duration electricity storage
10P Long duration electricity storage
(1) The Authority must, as soon as reasonably practicable after this section comes into force, establish and operate a scheme in accordance with this section. (2) The scheme must be designed for the purpose of encouraging the development and use of long duration electricity storage installations. (3) The scheme must be open to persons who— (a) hold or intend to apply for a generation licence to operate a long duration electricity storage installation, and (b) meet any other specified criteria. (4) The scheme must provide for an LDES operator who operates an approved installation— (a) to receive payments from a holder of an electricity system operator licence where the operator’s assessed revenue from that installation is below a specified amount, in specified circumstances, and (b) to make payments to a holder of an electricity system operator licence where the operator’s assessed revenue from that installation is above a specified amount, in specified circumstances. (5) In subsection (4)— 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) revenue of a specified kind earned or derived in connection with that installation, and (b) costs of a specified kind incurred in connection with operating the installation. (6) The Authority may determine how costs and revenue are to be calculated for the purposes of the scheme. (7) In setting charges to which Article 18(1) of the Electricity Regulation applies, the holder of an electricity system operator licence may take account of payments it makes or receives under the scheme. (8) In this section— 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) generates electricity from stored energy, (b) has an electricity generating capacity of not less than 50 megawatts, and (c) is capable of generating electricity at its full capacity for a continuous period of not less than eight hours; specified means specified by the Authority for the purposes of the scheme in— (a) a document published by the Authority, or (b) a condition of a licence; stored energy has the meaning given by section 4(3ZB). (9) The Secretary of State may by regulations amend the definition of “long duration electricity storage installation” by substituting— (a) for the amount of electricity generating capacity for the time being mentioned in paragraph (b) of the definition, a different amount; (b) 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).
Consumer benefits¶
26 Benefits for homes near electricity transmission projects¶
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 that make provision within— (a) subsection (4)(h), (b) section 38C(1)(b), or (c) section 38D(3), if the provision creates or amends an offence, or amends the punishment for an offence, 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) This section applies for the purposes of section 38A(4)(h). (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) requires intermediaries to take steps to obtain benefits that will be subject to the requirement referred to in subsection (2)(b), (b) requires intermediaries to supply information to end-users, (c) provides for the making of payments to intermediaries (in addition to the provision of benefits of the sort mentioned in section 38A(1)), or (d) provides for the withdrawal or recovery of benefits given or other payments made to intermediaries who fail to comply with the requirement referred to in subsection (2)(b). (4) For the purposes of subsection (2)(a)(ii), the cases in which electricity is consumed by a person include those in which the electricity is used to make available to the person heating, cooling, hot water or energy. 38C Enforcement of benefit scheme
(1) In section 38A(4)(i), “enforcement provision” means— (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) In subsection (3), “end-user complaints” means complaints in connection with pass-through provision made by end-users against intermediaries or electricity suppliers (with the definitions in section 38B applying for the purposes of this subsection). 38D Disclosure and use of information in connection with benefit scheme
(1) In section 38A(4)(j), “information provision” means provision within subsection (2) or (3). (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).
(b) regulations in relation to which section 38A(6) applies.
.(za) any provision of regulations under section 38A that is designated in the regulations as a relevant provision for the purposes of this paragraph;
Electricity transmission period¶
27 Electricity transmission systems: extension of commissioning period¶
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”.Electricity generation on forestry land¶
28 Use of forestry estate for renewable electricity¶
In the Forestry Act 1967, after section 3 insert—3A Use of land in connection with renewable electricity projects
(1) The appropriate forestry authority may— (a) use, or enter into arrangements in connection with the use of, forestry land for the generation, storage, transmission or supply of renewable electricity; (b) sell, or enter into other arrangements concerning, renewable electricity generated, stored or supplied on, or transmitted across, forestry land; (c) use, or enter into arrangements in connection with the use of, forestry land for activity that— (i) is intended to satisfy, or enable the satisfaction of, a relevant condition of development (whether existing or contemplated), or (ii) otherwise arises in connection with such a condition. (2) For the purposes of subsection (1)(c), a relevant condition of development is a condition of development that— (a) relates to renewable electricity development located wholly or partly on forestry land, and (b) is intended to benefit the natural environment of land. (3) The exercise of the powers in subsection (1) for either of the following purposes is to be taken to be consistent with the appropriate forestry authority’s general duty under section 1(2)— (a) facilitating or promoting the use of renewable electricity; (b) obtaining funds for meeting the expenses referred to in section 41(2) or, in the case of land in Wales, for the activities of the Natural Resources Body for Wales. (4) When the appropriate forestry authority are considering the exercise of those powers, section 1(3A) applies as if it included a further paragraph referring to those purposes. (5) The appropriate national authority may by regulations made by statutory instrument— (a) provide that the appropriate forestry authority may not exercise their powers under this section without the appropriate national authority’s consent; (b) make provision about the process by which that consent is to be sought and given or refused; (c) provide for that consent to be given subject to conditions. (6) Regulations under subsection (5)— (a) may make different provision for different purposes or areas; (b) may include consequential, incidental, supplementary, transitional or saving provision. (7) A statutory instrument containing regulations under subsection (5) is 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. (8) In this section— appropriate national authority means— (a) the Secretary of State, in relation to the Commissioners; (b) the Welsh Ministers, in relation to the Natural Resources Body for Wales; condition of development means— (a) a condition to which planning permission is subject, or (b) a requirement contained in an order granting development consent under the Planning Act 2008 (development consent for nationally significant infrastructure); forestry land means land placed at the disposal of the appropriate forestry authority under this Act; natural environment, in relation to land, includes— (a) its plants, animals and other living organisms, (b) their habitats, and (c) its geological features; renewable electricity means electricity produced from sources other than— (a) coal, (b) lignite, (c) peat, (d) natural gas, within the meaning of the Energy Act 1976, (e) crude liquid petroleum, (f) petroleum products, within the meaning of the Energy Act 1976, (g) any substance produced directly or indirectly from a substance within paragraphs (a) to (f), (h) energy derived from any substance within paragraphs (a) to (g), or (i) nuclear fuel; renewable electricity development means development the main purpose of which is the generation, storage, transmission or supply of renewable electricity. (9) References in this section to the storage of electricity are to the storage of energy converted from electricity for the purpose of its reconversion into electricity.
Chapter 3 — Transport infrastructure¶
Amendments to the Highways Act 1980¶
29 Fees for certain services¶
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.
;(1B) The power of the Welsh Ministers to make regulations under section 281B is exercisable by statutory instrument.
(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.
30 Power of strategic highways company in relation to trunk roads¶
(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) In subsection (4A)(b)— (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).
1A Where an order under section 10 of this Act is submitted to the 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.
31 Deadlines for consultation and decisions on certain orders and schemes¶
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) Sub-paragraphs (4) and (5) apply for postponing the first day of the period referred to in sub-paragraph (6) as they apply for postponing the relevant day for the purposes of sub-paragraph (2). (8) If the Secretary of State has decided to proceed in accordance with paragraph 8(2), sub-paragraphs (2) to (7) of this paragraph apply separately in relation to each part of the proposals that is being given separate consideration. (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);
(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) Sub-paragraphs (4) and (5) apply for postponing the first day of the period referred to in sub-paragraph (6) as they apply for postponing the relevant day for the purposes of sub-paragraph (2). (8) If the Secretary of State has decided to proceed in accordance with paragraph 15(2), sub-paragraphs (2) to (7) of this paragraph apply separately in relation to each part of the proposals that is being given separate consideration. (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);
32 Procedure for certain orders and schemes¶
;(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)).
19A On making or confirming an order or scheme in accordance with this Schedule, the Secretary of State must publish on a government website— (a) notice of the making or confirmation of the order or scheme, (b) if the order or scheme was made with modifications, a summary of those modifications, and (c) either— (i) a copy of the order or scheme, together with any maps or plans referred to in it, or (ii) an explanation of where and how that documentation can be inspected.
33 Compulsory acquisition powers to include taking of temporary possession¶
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 “—.(a) the right to take temporary possession or occupation of land, and (b)
Amendments to the Transport and Works Act 1992¶
34 Replacement of model clauses with guidance¶
In the Transport and Works Act 1992, for section 8 (model clauses) substitute—8 Guidance on draft orders
(1) The Secretary of State may publish guidance about the preparation of draft orders, for cases in which rules under section 6 require the submission of such drafts to the Secretary of State. (2) The Welsh Ministers may publish guidance about the preparation of draft orders, for cases in which rules under section 6 require the submission of such drafts to the Welsh Ministers. (3) The guidance may set out model provisions considered suitable for inclusion in the drafts (whether generally or in certain cases). (4) In arriving at a determination under section 13 in a case to which guidance under this section applies, the Secretary of State or (as the case may be) the Welsh Ministers must have regard to— (a) any departure from the guidance, and (b) any reasons given by the applicant for that departure.
35 Removal of special procedure for projects of national significance¶
36 Duty to hold inquiry or hearing¶
.(a) an objection is made by a person within subsection (4), (b) the person informs the Secretary of State in writing that the person wishes the objection to be referred to an inquiry or dealt with in accordance with subsection (2), and (c) the Secretary of State considers that the objection is serious 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.
37 Costs of inquiries¶
.(za) the powers of direction, certification and order-making 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.
38 Deadline for decisions¶
(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.
39 Publication of decisions and time for bringing challenge¶
;(b) publish the notice on a government website.
;(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).
40 Fees for certain services¶
After section 23 of the Transport and Works Act 1992 insert—23A Fees for certain services in connection with orders
(1) The appropriate national authority may by regulations make provision 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) A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided, whether or not to an applicant under section 6, in connection with— (a) an application under section 6, or (b) any other prescribed matter relating to an order, or proposed order, under section 1 or 3. (3) Regulations made 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 when a fee charged is payable; (e) about the recovery of fees charged; (f) about waiver, reduction or repayment of fees; (g) 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); (h) for the supply of information for any purpose of the regulations; (i) 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) Regulations under this section are to be made by statutory instrument. (7) 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. (8) A statutory instrument containing regulations made by the Welsh Ministers under this section is subject to annulment in pursuance of a resolution of Senedd Cymru. (9) In this section— appropriate national authority means— (a) in relation to England and cross-border orders, the Secretary of State, and (b) in relation to Wales but not cross-border orders, the 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.
41 Disapplication of heritage regimes¶
17 Disapplication of certain authorisation regimes for the protection of heritage
(1) An order under section 1 or 3 may provide that works or operations authorised by the order do not require— (a) consent under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (listed building consent in England), (b) consent under section 89 of the Historic Environment (Wales) Act 2023 (asc 3) (listed building consent in Wales), (c) consent under section 162 of that Act (conservation area consent for demolition in Wales), (d) consent under section 2(3) or 3 of the Ancient Monuments and Archaeological Areas Act 1979 (scheduled monument consent in England), (e) consent under section 13 of the Historic Environment (Wales) Act 2023 (scheduled monument consent in Wales), or (f) notice under section 35 of the Ancient Monuments and Archaeological Areas Act 1979 (notice of operations in areas of archaeological importance in England). (2) See also section 12(3A) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and section 94(4) of the Historic Environment (Wales) Act 2023 (application for listed building consent required in consequence of proposals under this Act to be made directly to the Secretary of State).
42 Deemed consent under marine licence¶
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) An order including provision under subsection (1) or (3) may also include provision— (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) If an order includes provision of the sort mentioned in paragraphs (a) and (b) of subsection (4), sections 68 (notice of applications) and 69(3) and (5) (representations) of the MCAA 2009 do not apply in relation to the deemed marine licence. (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.
43 Authorisation of applications by local authorities¶
(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.
44 Extension to Scotland of certain amendments¶
The amendments made to the Transport and Works Act 1992 by the following provisions are extended to Scotland—45 Power to make consequential amendments¶
Harbours¶
46 Fees for applications for harbour orders¶
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) provide for the payment of a deposit on account of a fee that will or may become payable (in which case paragraphs (a) and (b) apply to the deposit as they apply to the fee); (d) make incidental or supplemental provision; (e) make different provision for different purposes.
(7) As to the power to make regulations under paragraph 9A of Schedule 3 (fees for applications)— (a) where the power is exercised by the Secretary of State— (i) the regulations are to be made by statutory instrument, and (ii) a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament; (b) where the power is exercised by the Welsh Ministers (see section 17(2C))— (i) the regulations are to be made by statutory instrument, and (ii) a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of Senedd Cymru; (c) where the power is exercised by the Scottish Ministers (see section 17(2C)), the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
Electric vehicle charge points¶
47 Installation of electric vehicle charge points¶
(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).
;(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.
;(a) a statutory right, (b) a street works licence, or (c) where the apparatus is a public charge point installed in England in pursuance of a street works permit, the permit,
(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).
;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;
(a) a right exercisable by virtue of a street works licence, or (b) a right, exercisable by virtue of a street works permit, to carry out street works described in section 48(3ZA).
;public charge point
section 105(1)
.street works permit
section 105(1)
(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.
Part 2 — Planning¶
Chapter 1 — Planning decisions¶
48 Fees for planning applications etc¶
(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) Provision made in reliance on subsection (5A) or (5B) must include provision about— (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.
303ZZA Directions in relation to fees set by English local planning authorities etc
(1) This section applies where— (a) by virtue of section 303(5A) or (5B), a local planning authority in England, the Mayor of London or a specified person (a “charging authority”) has set or is proposing to set its own fee or charge in respect of a matter, and (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.
49 Surcharge on planning fees¶
In the Town and Country Planning Act 1990, after section 303ZZA (inserted by section 48) insert—303ZZB Surcharge on planning fees
(1) The Secretary of State may by regulations make provision for a surcharge to be imposed on a fee or charge paid— (a) to a local planning authority in England under section 303(1) or (2), (b) to the Mayor of London or a specified person under section 303(1ZA), or (c) to the Secretary of State under section 303(1A), (2), (3) or (4A). (2) Where regulations under subsection (1) provide for a surcharge to be 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) subject to such deductions, and (b) at the times and in the manner, as set out in regulations under subsection (1).(3) Regulations under subsection (1) may— (a) specify the level of the surcharge as a percentage of the level of a fee or charge; (b) make different provision for different purposes, including setting different levels of surcharge for different fees, charges, cases or circumstances. (4) Regulations under subsection (1) may provide that where the level of the fee or charge has been set by— (a) a local planning authority under section 303(5A), or (b) the Mayor of London or a specified person under section 303(5B), 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.(5) The Secretary of State must list in regulations the persons whose relevant costs the surcharge is intended to cover (“listed persons”). (6) In setting the level of the surcharge, the Secretary of State must have 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) In subsections (5) and (6), “relevant costs” means the costs of providing advice, information or assistance (including the provision of a response to a consultation) in connection with— (a) applications, (b) proposed applications, or (c) 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.(8) Regulations under subsection (1) may set the surcharge at a level that 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) Paragraphs (a) to (f) of section 303(5) apply to regulations under this 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) 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.
50 Training for local planning authorities in England¶
In the Town and Country Planning Act 1990, after section 319 insert—England: training in the exercise of certain planning functions
319ZZA Training: local planning authorities in England
(1) The Secretary of State may by regulations make provision for and in connection with the training of members of local planning authorities in their exercise of such relevant planning functions as are prescribed. (2) Such regulations must provide for satisfactory completion of the training to be evidenced by a certificate valid for a prescribed period (a “certificate of completion”). (3) A member of a local planning authority who does not hold a valid certificate of completion is prohibited from— (a) exercising the prescribed relevant planning functions on behalf of a local planning authority, or (b) being involved in exercising the prescribed relevant planning functions on behalf of a local planning authority as a member of a committee or any other body. (4) Regulations under subsection (1) may, in particular— (a) provide for accreditation by the Secretary of State of— (i) courses of training, and (ii) persons providing such courses; (b) impose requirements as to record-keeping, including by imposing such requirements on a training provider. (5) Regulations under subsection (1) must require a local planning authority to publish on their website which of their members hold valid certificates of completion. (6) The validity of anything done in the exercise of a prescribed relevant planning function is not affected by any breach of subsection (3). (7) In this section— (a) references to a local planning authority are to a local planning authority in England; (b) references to a member of a local planning authority include 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) This section applies in relation to a relevant planning function conferred on a mineral planning authority as if references to a local planning authority were to a mineral planning authority in England. (9) In this section, “relevant planning function” means— (a) a function under— (i) Part 3; (ii) in Part 7, sections 191(4) and 192(2); (iii) Part 8; (iv) in Part 10, section 257; (b) a function under section 17 of the Land Compensation Act 1961; (c) a function under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990; (d) a function of imposing or amending any condition, limitation or other restriction on a permission, approval or consent required by or under an enactment specified in paragraph (a) or (c); (e) an enforcement function exercisable in relation to— (i) development carried out without a permission, approval or consent required by or under an enactment specified in paragraph (a) or (c), or (ii) a failure to comply with any condition, limitation or other restriction of any such permission, approval or consent. (10) In subsection (9) any reference to a function under an enactment includes a function under an instrument made under the enactment. 319ZZB Training: certain mayoral planning functions
(1) The Secretary of State may by regulations make provision for and in 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) Such regulations must provide for satisfactory completion of the training to be evidenced by a certificate valid for a prescribed period (a “certificate of completion”). (3) A mayor is prohibited from exercising the prescribed relevant mayoral planning functions without a valid certificate of completion. (4) A person who is authorised (by or under any enactment or by 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) Regulations under subsection (1) may, in particular— (a) provide for accreditation by the Secretary of State of— (i) courses of training, and (ii) persons providing such courses; (b) impose requirements as to record-keeping, including by imposing such requirements on a training provider. (6) The validity of anything done in the exercise of a prescribed relevant mayoral planning function is not affected by any breach of subsection (3) or (4). (7) In subsections (3) and (4), references to a mayor are to— (a) the Mayor of London, (b) a mayor for the area of a combined authority, and (c) a mayor for the area of a combined county authority. (8) In this section “relevant mayoral planning function” means— (a) any of the functions of the Mayor of London specified in subsection (9), and (b) any functions of a mayor for the area of a combined authority 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) The functions of the Mayor of London referred to in subsection (8) are as follows— (a) the function of— (i) giving a direction under section 2A(1) or (1B); (ii) giving a direction under section 74(1B)(a); (b) the function of determining an application by virtue of section 2A or 2B, and related functions under sections 2C and 2F; (c) a function under section 2E; (d) the function of making a Mayoral development order under section 61DA; (e) a function exercisable in connection with a Mayoral development order. (10) In this section— 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.
51 Delegation of planning decisions in England¶
England: discharge of functions of local planning authority
319ZZC Requirement for functions to be discharged by committee, sub-committee or officer
(1) The Secretary of State may by regulations require a relevant local planning authority to make arrangements under section 101 of the 1972 Act for such relevant planning functions as are prescribed— (a) to be discharged by a committee, sub-committee or officer of the authority; (b) to be discharged by a committee, sub-committee or officer of the authority in prescribed circumstances. (2) The regulations may — (a) prescribe the terms of the arrangements (which may include exceptions) and any permitted variations in those terms; (b) provide for the arrangements to confer a discretion on any person in connection with the delegation of a function. (3) Where arrangements required by the regulations are in force in relation 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) The Secretary of State may by regulations prescribe requirements 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) A relevant local planning authority may not arrange for a relevant 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) If a committee or sub-committee discharging a relevant planning 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) Sections 101 and 102 of the 1972 Act have effect subject to sections 319ZZC and 319ZZD and any regulations made under them. (2) 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— (a) references to a committee or sub-committee of a relevant local planning authority were references to a joint committee or sub-committee of those authorities; (b) references to an officer of a relevant local planning authority were references to an officer of any of those authorities. (3) Regulations under sections 319ZZC and 319ZZD may— (a) make different provision for different relevant local planning authorities; (b) make different provision for cases where two or more such 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) In operating arrangements required by regulations under section 319ZZC, relevant local planning authorities must have regard to any relevant guidance issued by the Secretary of State. (5) In making arrangements for the discharge of a function prescribed in regulations under section 319ZZD, relevant local planning authorities must have regard to any relevant guidance issued by the Secretary of State. (6) The Secretary of State must consult such persons as the Secretary of State considers appropriate before— (a) making regulations under section 319ZZC or 319ZZD, or (b) issuing guidance under subsection (4) or (5). (7) Sections 319ZZC and 319ZZD and this section apply in relation to a relevant planning function conferred on a relevant mineral planning authority as if references to a relevant local planning authority were to a relevant mineral planning authority. 319ZZF Interpretation of sections 319ZZC to 319ZZE
(1) In sections 319ZZC to section 319ZZE, “relevant local planning 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) a National Park authority, or (b) the Broads Authority. (2) In section 319ZZE, “relevant mineral planning authority” means a 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) In sections 319ZZC to 319ZZE, “relevant planning function” has the same meaning as in section 319ZZA (see subsections (9) and (10) of that section). (4) In sections 319ZZC to 319ZZE and this section, the 1972 Act means the Local Government Act 1972.
Chapter 2 — Spatial development strategies¶
52 Spatial development strategies¶
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) In this Part “principal authority” means a body specified in any of paragraphs (b) to (e) of subsection (2). 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) Provision of the kind mentioned in subsection (2)(c) may include provision— (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) For the purposes of subsection (3)(b) a local authority is any of the following— (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) The condition in section 12B(1) does not apply in relation to strategic planning board regulations that amend or revoke other strategic planning board regulations. (8) In this section “strategic planning board regulations” means regulations under section 12B(2). 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) For the purposes of subsections (1), (4) and (5), a matter may be of strategic importance to a strategy area even if it affects only part of that area. (7) The Secretary of State may prescribe further matters a spatial development strategy may, or must, deal with. (8) A spatial development strategy must contain such diagrams, illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed. (9) A spatial development strategy may make different provision for different cases or for different parts of the strategy area. (10) 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. (11) 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. (12) 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. (13) The Secretary of State may prescribe— (a) the form of a spatial development strategy; (b) documents that must accompany a spatial development strategy. (14) 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 (b) does not comply with subsection (4)(a), the Secretary of State may prepare a spatial development strategy timetable and direct the strategic planning authority to bring it into effect.(6) A direction under subsection (2) or (5) must contain the Secretary of State’s reasons for giving it. (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) In subsection (2)(a), the reference to any strategy, plan or policy published by a strategic planning authority includes a reference to any strategy, plan or policy published by a constituent authority of a strategic planning board. 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) The persons referred to in subsection (1)(b) are— (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— (a) publishes a draft spatial development strategy as required by subsection (1)(a), or (b) makes such a strategy available for inspection as required by subsection (1)(c), the authority must also publish or make available a statement inviting representations to be made to the authority about the strategy.(5) A notification of a person under subsection (1)(b) about a draft spatial development strategy must include an invitation to the person to make representations to the strategic planning authority about the strategy. (6) An invitation to a person under subsection (4) or (5) must explain the effect of regulations under subsection (7). (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; (c) notifying the following that the strategy has been withdrawn— (i) each person to whom a notification under section 12H(1)(b) was required to be given; (ii) any person, not within sub-paragraph (i), who made representations in accordance with regulations under section 12H(7). 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, (b) the prescribed period for the making of representations (see section 12H(7)) has elapsed, (c) either— (i) the strategic planning authority that prepared the draft strategy has published the examiner’s report on it (see section 12I(9)), or (ii) no examination of the draft strategy is needed because of a direction under section 12I(1), and (d) the draft strategy has not been withdrawn (see section 12J). (2) The strategic planning authority must— (a) consider any representations received in accordance with regulations under section 12H(7) and decide whether to make any modifications as a result, (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) A spatial development strategy must not be adopted by a strategic planning authority unless it is in the form submitted to the Secretary of State under section 12K, subject to any modifications directed to be made under subsection (5) of that section. (2) A spatial development strategy must not be adopted by a strategic planning authority unless— (a) the relevant period (as defined in section 12K(6)) has elapsed, (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 (c) if a direction was given to the authority under section 12K(5), the Secretary of State confirms that the Secretary of State is content with the modified strategy. (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) Sections 12G to 12L apply in relation to the preparation and adoption of an alteration of a spatial development strategy as they apply in relation to the preparation and adoption of a spatial development strategy. 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) Subsections (5) to (12) apply if preparation of a spatial development strategy is taken over under subsection (2)(a). (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) Subsections (2) to (8) of section 12I apply in relation to an examination held under subsection (6)(a), reading references to the strategic planning authority as references to the Secretary of State. (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) Subsections (5) to (12) (and the provisions applied by them) apply in relation to an alteration of a strategy under subsection (2)(b) as they apply to a strategy prepared under subsection (2)(a). (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) In subsection (15)(b)(ii) “local plan timetable” is to be construed in accordance with section 15B. 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) The Secretary of State may require a strategic planning authority to reimburse the Secretary of State for any expenditure incurred by the Secretary of State in, or in connection with, exercising a function under section 12P or 12Q in relation to the authority’s spatial development strategy. (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— (a) gives a direction under section 12P(2)(c) or (9)(c) in relation to the strategy, or (b) approves the strategy under section 12P(9)(a) or (b). 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) In this section “strategic planning board regulations” means regulations under section 12B(2). 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) the procedure to be followed in connection with the preparation, adoption, publication, review, withdrawal, alteration or replacement of a spatial development strategy or in connection with a review under section 12M(2); (b) the remuneration and allowances payable to a person appointed to conduct a public examination (under section 12I or as mentioned in section 12P(6)(a)); (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) a strategy approved by the Secretary of State under section 12P(9)(a) or (b) or 12Q(2)(a) or (b), or (c) a strategy in preparation by a strategic planning authority in accordance with this Part. (2) In sections 12B(4)(c), 12C(6)(b)(iv), 12H(2)(f) and 12M(3)(b)— (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) For the purposes of sections 12M to 12O, a spatial development strategy approved by the Secretary of State under a power specified in subsection (1)(b) is to be regarded as the spatial development strategy of the strategic planning authority in relation to which the power is exercised. 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; principal authority has the meaning given by section 12A(7); 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; strategy area has the meaning given by section 12A(4); 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.
Part 3 — Development and nature recovery¶
Overview¶
53 Overview of EDPs¶
Environmental delivery plans: content¶
54 Scope of an EDP: area, kind and volume of development and time period¶
55 Environmental features, environmental impacts and conservation measures¶
56 Nature restoration levy: charging schedules¶
57 Other requirements for an EDP¶
Environmental delivery plans: procedure¶
58 Draft EDP: notification and consultation¶
59 Making of EDP by Secretary of State¶
60 Publication of EDP¶
Environmental delivery plans: reporting, amendment, revocation and challenge¶
61 Reporting on an EDP¶
62 Amendment of an EDP¶
63 Revocation of an EDP¶
64 Remedial action by Secretary of State where EDP ends or is revoked¶
65 Challenging an EDP¶
The nature restoration levy¶
66 Commitment to pay the nature restoration levy¶
67 Regulations about the nature restoration levy¶
68 Liability to pay the levy¶
69 Amount of the levy¶
70 Appeals¶
71 Use of nature restoration levy¶
72 Collection of nature restoration levy¶
73 Enforcement¶
74 Compensation¶
75 Guidance about the nature restoration levy¶
Powers and duties: Natural England etc¶
76 Administering, implementing and monitoring EDPs¶
77 Power to enter and survey or investigate land¶
78 Warrant to enter and survey or investigate land¶
79 Powers of entry: further provision¶
80 Powers of entry: compensation¶
81 Powers of entry: offences¶
82 Remedial action: powers of Secretary of State etc to enter and survey or investigate land¶
83 Compulsory purchase powers: Natural England¶
84 Compulsory purchase powers: Secretary of State¶
85 Annual reports¶
Power to designate another person to prepare EDPs etc¶
86 Power to designate person to exercise functions under this Part¶
87 Transfer schemes in connection with regulations under section 86(1) ¶
Supplementary¶
88 General duties when exercising functions relating to EDPs¶
89 Duty of co-operation¶
90 Amendments relating to this Part¶
91 Regulations¶
92 Application to the Crown¶
93 Interpretation¶
In this Part—Part 4 — Development corporations¶
94 Areas for development and remit¶
(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— and references in this Act to a new town or proposed new town are to be construed accordingly.(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;
(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.
(1C) An area of land designated as an urban development area in England must include, but need not wholly consist of, an area in an existing town or centre of population.
(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.
95 Relationship between different types of development corporation¶
(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)).
(1A) A proposal area must not include any area of land that is, or forms part of, an area that is designated under— (a) section 1 (designation of new town area by Secretary of State), (b) section 134(1) of the Local Government, Planning and Land Act 1980 (designation of urban development area by Secretary of State), or (c) section 197 of the Localism Act 2011 (designation of Mayoral development area). (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.)
(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)).
;(ja) regulations under section 197;
;(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)).
(1A) A proposal area must not include any area of land that is, or forms part of, an area that is designated under— (a) section 134(1) (designation of urban development area by Secretary of State), (b) section 1 of the New Towns Act 1981 (designation of new town area by Secretary of State), or (c) section 197 of the Localism Act 2011 (designation of Mayoral development area). (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.)
96 Duties to have regard to sustainable development and climate change¶
(a) the achievement of sustainable development, and (b) the mitigation of, and adaptation to, climate change.
(1A) In pursuing that object, an urban development corporation that is established for the purposes of regenerating or developing an urban development area in England must aim to contribute to— (a) the achievement of sustainable development, and (b) the mitigation of, and adaptation to, climate change. (1B) For the purposes of subsection (1A) an urban development corporation must (in particular) have regard to the desirability of good design.
(1A) In pursuing that object, an MDC must aim to contribute to— (a) the achievement of sustainable development, and (b) the mitigation of, and adaptation to, climate change. (1B) For the purposes of subsection (1A), an MDC must (in particular) have regard to the desirability of good design.
97 Powers in relation to infrastructure¶
;(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).)
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).
.heat networks has the meaning given by section 216 of the Energy Act 2023;
;(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.
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;
;(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.
98 Exercise of transport functions and transfer schemes¶
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) In this section “transfer scheme” means a scheme under section 1(3ZD) or 9A(7). (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) In subsection (3)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246). (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.
Transport functions relating to urban development areas in England
140A 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 urban development corporation that may be relevant to the exercise of the authority’s functions, and (b) co-operate with an English urban 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 urban development area for which the urban 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)— (a) are to be made by statutory instrument; (b) may make different provision for different purposes; (c) may include consequential, supplementary, incidental, transitional or saving provision. (7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (8) 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 140B (transfer schemes: general provisions)). (9) In this section— 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) 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
140B Transfer schemes under sections 134 and 140A: general provisions
(1) In this section “transfer scheme” means a scheme under section 134(1G) or 140A(8). (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) In subsection (3)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246). (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.
Part 5 — Compulsory purchase¶
99 Electronic service etc¶
(5) Any notice or other document required or authorised to be served on 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) Any notice or other document required or authorised to be served under this Act on— (a) an acquiring authority, (b) a confirming authority, (c) an inspector, (d) a local authority, or (e) a statutory undertaker, may also be served electronically by a method mentioned in subsection (7).(7) The methods of electronic service are— (a) sending the notice or document to an appropriate email address, or (b) uploading the notice or document to an appropriate website. (8) For the purposes of subsection (7)— (a) an email address or website is an appropriate one for the service of notices or documents if the person being served has— (i) provided the email address or details of the website to the sender for the purposes of communicating with them about land subject to the compulsory purchase order or about the order itself, or (ii) published the fact that the email address or the website may be used for those purposes; (b) an email address is also an appropriate one for the service of 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) A notice or other document sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent. (10) In this section— 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) This section does not apply to a communication required or authorised to be sent under this Act to the High Court.
(3) Any communication required or authorised to be sent to a person 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) Any communication required or authorised under this Act to be sent to— (a) an acquiring authority, (b) a confirming authority, or (c) a local planning authority, may also be sent electronically by a method mentioned in subsection (5).(5) The methods are— (a) sending the communication to an appropriate email address, or (b) uploading the communication to an appropriate website. (6) For the purposes of subsection (5)— (a) an email address or website is an appropriate one if the person to whom the communication is to be sent has— (i) provided the email address or details of the website to the sender for the purposes of communicating with them about the claim for compensation, or (ii) published the fact that the email address or the website may be used for those purposes; (b) an email address is also an appropriate one if the person to 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) A communication sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent. (8) In this section— 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) This section does not apply to a communication required or authorised to be sent under this Act to the Upper Tribunal.
84A Service of documents
(1) Any communication required or authorised to be sent to a person 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) Any communication required or authorised under this Act to be sent to— (a) an acquiring authority, or (b) a responsible authority within the meaning of section 1, may also be sent electronically by a method mentioned in subsection (3).(3) The methods are— (a) sending the communication to an appropriate email address, or (b) uploading the communication to an appropriate website. (4) For the purposes of subsection (3)— (a) an email address or website is an appropriate one if the authority has— (i) provided the email address or details of the website to the sender for the purposes of communicating with them about the claim for compensation, or (ii) published the fact that the email address or the website may be used for those purposes; (b) an email address is also an appropriate one if the authority has previously used it for the purposes of communicating with the sender about the claim for compensation. (5) A communication sent electronically is, unless the contrary is proved, to be treated as having been received on the working day immediately following the day on which it was sent. (6) In this section 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. (7) This section does not apply to a communication required or authorised to be sent under this Act to the Upper Tribunal.
100 Required content of newspaper notices¶
(2ZA) In the case of a notice under subsection (1)(a), the requirement in subsection (2)(b) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).
;(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).
(2ZA) In the case of a notice under sub-paragraph (1)(a), the requirement in sub-paragraph (2)(b) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).
;(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).
101 Confirmation by acquiring authority: orders with modifications¶
(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.
(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.
102 General vesting declarations: expedited procedure¶
.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),
(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) that the acquiring authority considers that the expedited procedure is available under section 4A(1) or (2) (as the case may be); (b) the vesting date; (c) that any person who disagrees that the expedited procedure is available may make representations to the acquiring authority under section 4B(2); (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).
103 General vesting declarations: advancement of vesting by agreement¶
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.
(1A) Where by virtue of an agreement under section 8A or 8B different 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.
104 Adjustment of basic and occupier’s loss payments¶
;(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.
;(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.
;(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.
;(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.
;(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.
;(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.
;(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.
105 Home loss payments: exclusions¶
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) in the case of a compulsory acquisition which does not fall within paragraph (a) or (b) and which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, a notice to treat is deemed to have been served; (d) in the case of a compulsory acquisition which does not fall within paragraph (a), (b) or (c) and which is to be authorised by a special enactment, the enactment is passed. (7) In subsection (6), references to a compulsory acquisition are to the compulsory acquisition in consequence of which the person is displaced. (8) The appropriate national authority may by regulations amend subsections (4) and (5). (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.
(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) in the case of a compulsory acquisition which does not fall within paragraph (a) or (b) and which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, a notice to treat is deemed to have been served; (d) in the case of a compulsory acquisition which does not fall within paragraph (a), (b) or (c) and which is to be authorised by a special enactment, the enactment is passed. (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.
106 Temporary possession of land in connection with compulsory purchase¶
In section 18 of the Neighbourhood Planning Act 2017 (power to take temporary possession of land), for subsection (3) substitute—(3) Subject to— (a) any express provision in another Act; (b) any provision in an order granting development consent made under section 114 of the Planning Act 2008; (c) any provision in an order made under section 1 or 3 of the Transport and Works Act 1992; (d) any provision in an order granting infrastructure consent made under section 60 of the Infrastructure (Wales) Act 2024 (asc 3); the power in subsection (2) is the only power under which a person may take temporary possession of land compulsorily.
107 Amendments relating to section 14A of the Land Compensation Act 1961¶
A1 Section 125 of the Local Government Act 1972 (compulsory acquisition of land on behalf of parish or community councils).
108 New powers to appoint an inspector¶
4A (1) The confirming authority may appoint a person (“an inspector”) to act instead of it in relation to the confirmation of a compulsory purchase order under this Schedule. (2) An inspector may be appointed to act in relation to— (a) a specific compulsory purchase order, or (b) a description of compulsory purchase orders. (3) An inspector has the same functions as the confirming authority under paragraphs 2(1)(b), 3, 4, 5A, 7 and 8. (4) Where an inspector is appointed in relation to a compulsory purchase order, the confirming authority must inform— (a) every person who has made a relevant objection that has not been withdrawn, and (b) the acquiring authority. (5) Where an inspector decides whether or not to confirm the whole or part of a compulsory purchase order, the inspector’s decision is to be treated as that of the confirming authority. (6) The confirming authority may at any time— (a) revoke its appointment of an inspector, and (b) appoint another inspector. (7) If the confirming authority revokes its appointment of an inspector 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) to the inspector whose appointment has been revoked, and (b) to all those informed under sub-paragraph (4). (8) Where in any enactment there is a provision that applies in relation 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) In this paragraph— confirming authority means— (a) in a case where the compulsory purchase order relates to land in England, the Secretary of State, and (b) in a case where the compulsory purchase order relates 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)).
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.
Part 6 — Miscellaneous and general provision¶
109 Reporting on extra-territorial environmental outcomes¶
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”.110 The Crown¶
The amendments made by this Act bind the Crown to the extent that the provisions amended bind the Crown.111 Extent¶
112 Commencement and transitional provision¶
113 Short title¶
This Act may be cited as the Planning and Infrastructure Act 2025.Schedules¶
Schedule 11 — Minor and consequential amendments to the Electricity Act 1989¶
(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.
.appropriate authority has the same meaning as in section 36;
;(ba) in the case of a consent granted by the Scottish Ministers, may be revoked by the Scottish Ministers at any time after the end of such period as may be specified in the consent (see sections 37A to 37C as regards the variation of consents granted by the Scottish Ministers);
(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.
;(a) a public inquiry is not required by virtue of paragraph 2(2) or 2A;
(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.
.appropriate authority means— (a) in the case of an application made to the Secretary of State, the Secretary of State; (b) in the case of an application made to the Scottish Ministers, the Scottish Ministers;
Schedule 22 — Section 41: consequential amendments¶
Ancient Monuments and Archaeological Areas Act 1979¶
(1A) Subsection (1) is subject to section 17 of the Transport and Works Act 1992 (power to exclude requirement for other consents for works authorised under that Act) and section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required).
(a) works for which scheduled monument consent has been given under this Act (including any consent granted by order under section 3), (b) works exempted from the need to obtain scheduled monument consent by an order under section 1 or 3 of the Transport and Works Act 1992 (see section 17 of that Act), or (c) works for which development consent has been granted.
.(a) any operations exempted from the need to obtain scheduled monument consent under this Act by an order under section 1 or 3 of the Transport and Works Act 1992 (see section 17 of that Act), or (b)
Planning (Listed Buildings and Conservation Areas) Act 1990¶
(ba) of works exempted from the need to obtain listed building consent under this Act by an order under section 1 or 3 of the Transport and Works Act 1992 (see section 17 of that Act); or
Planning Act 2008¶
Schedule 33 — Section 52: minor and consequential amendments¶
Town and Country Planning Act 1990¶
.(zza) a public examination under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004;
(1BA) Where the qualifying procedure is a public examination of a spatial development strategy under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004, the appropriate authority is the Secretary of State.
(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.
(9C) In a case where a qualifying procedure is carried out in relation to 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.
(13) In this section “strategic planning authority” has the meaning given by section 12A of the Planning and Compulsory Purchase Act 2004.
Planning and Compulsory Purchase Act 2004¶
.(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; (bb) a spatial development strategy within the meaning of Part 1A (see section 12W(1));
.(ba) a spatial development strategy within the meaning of Part 1A (see section 12W(1));
(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; (fb) Part 1A of this Act in the case of a spatial development strategy within the meaning of that Part (see section 12W(1)), or any alteration or replacement of it.
Levelling-up and Regeneration Act 2023¶
.(ea) a strategic planning authority (within the meaning given in section 12A of PCPA 2004),
Habitats Regulations¶
.(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);
;(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;
.(ia) section 12P or 12Q of the 2004 Planning Act (Secretary of State’s powers in relation to spatial development strategy);
.(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”;
Interpretation¶
Schedule 44 — Environmental delivery plans: effect on environmental obligations¶
Protected sites: assessments under Part 6 of the Habitats Regulations 2017¶
Protected sites: SSSIs¶
Protected sites: marine conservation zones¶
Protected species: licences under Part 5 of the Habitats Regulations 2017¶
Protected species: licences under Part 1 of the Wildlife and Countryside Act 1981¶
Protected species: licences under the Protection of Badgers Act 1992¶
Schedule 55 — Compulsory acquisition of land under Part 3: supplementary provisions¶
Application of Acquisition of Land Act 1981¶
Extinguishment of private rights of way etc¶
New rights: application of Compulsory Purchase Act 1965¶
7 Measure of compensation in case of acquisition of new right
(1) In assessing the compensation to be paid by the acquiring authority 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 modifications subject to which subsection (1) of section 44 of 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) for “land is acquired or taken” there is substituted “a right over land is acquired”; and (b) for “acquired or taken from him” there is substituted “over which the right is exercisable”.
Schedule 2A6 — Counter-notice requiring purchase of land
Introduction
1 (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory. (2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface). 2 In this Schedule “house” includes any park or garden belonging to a house. Counter-notice requiring purchase of land
3 A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. 4 A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. Response to counter-notice
5 On receiving a counter-notice the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. 6 The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). 7 If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. 8 If the authority do not serve notice of a decision within the 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 If the authority serve notice of a decision to accept the 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 On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. 11 In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right, (b) the proposed use of the right, and (c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. 12 If the Upper Tribunal determines that the acquisition of the right 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 If the Upper Tribunal determines that the authority ought to be 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) If the Upper Tribunal determines that the authority ought to be 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) If the acquiring authority withdraws the notice to treat under 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) Any dispute as to the compensation is to be determined by the Upper Tribunal.
New rights: application of the Compulsory Purchase (Vesting Declarations) Act 1981¶
New rights: compensation¶
(5A) If— (a) the acquiring authority enters on land for the purpose of 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 5 to the Planning and Infrastructure Act 2025), (b) the acquiring authority is subsequently required by a determination under paragraph 13 of Schedule 2A to the 1965 Act (as substituted by paragraph 10 of Schedule 5 to the Planning and Infrastructure Act 2025) to acquire an interest in the land, and (c) the acquiring authority enters on and takes possession of that land, 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.(5B) If— (a) a right over land is the subject of a general vesting declaration, (b) by virtue of paragraph 11(2) or 16(2) of Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981, the declaration has effect as if it included an interest in the land, and (c) the vesting date for the right is different from the vesting date for the interest in the land, 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.
Schedule 67 — Amendments relating to Part 3¶
Part 1 — Ramsar sites: amendments to the Habitats Regulations 2017¶
;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;
(2) Where in accordance with regulation 64— (a) a plan or project is agreed to, notwithstanding a negative assessment of the implications for a Ramsar site in England, 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.
(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.
Part 2 — Minor and consequential amendments related to Part 3¶
Wildlife and Countryside Act 1981¶
(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 4 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.
Town and Country Planning Act 1990¶
;(a)
(b) a condition that Natural England has requested under Part 3 of the Planning and Infrastructure Act 2025 (see sections 55(10) and 89 of that Act).
.(a) in relation to a condition that Natural England has requested under Part 3 of the Planning and Infrastructure Act 2025 (see sections 55(10) and 89 of that Act), or (b)
Protection of Badgers Act 1992¶
(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.
(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 4 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.
(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.
Environmental Assessment of Plans and Programmes Regulations 2004¶
.(aa) an environmental delivery plan, within the meaning of Part 3 of the Planning and Infrastructure Act 2025;
Conservation of Habitats and Species Regulations 2017¶
;(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.
(10A) The maximum time period for a licence set out in paragraph (10) 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 4 of Schedule 4 to the Planning and Infrastructure Act 2025, is treated as having been granted to a developer under regulation 55.
;(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.
;(4A) In the case of a licence that, by virtue of paragraph 4 of Schedule 4 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.
(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).
(1A) But the requirements of the assessment provisions and the review provisions do not apply in relation to an environmental delivery plan or any conservation measures under it. (1B) In paragraph (1A), “environmental delivery plan” and “conservation measures” have the same meaning as in Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).
See also paragraph 1 of Schedule 4 to the Planning and Infrastructure Act 2025 (environmental delivery plans: effect on environmental obligations).
Footnotes
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Section 41
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