Planning Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Part 3 — Nationally significant infrastructure projects
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Transfer of water resources
(1)
Development relating to the transfer of water resources is within section
14(1)(n) only if—
(a)
the development will be carried out in England by one or more water
undertakers,
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(b)
the volume of water to be transferred as a result of the development is
expected to exceed 100 million cubic metres per year,
(c)
the development will enable the transfer of water resources—
(i)
between river basins in England,
(ii)
between water undertakers’ areas in England, or
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(iii)
between a river basin in England and a water undertaker’s area
in England, and
(d)
the development does not relate to the transfer of drinking water.
(2)
In this section—
“river basin” means an area of land drained by a river and its tributaries;
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“water undertaker” means a company appointed as a water undertaker
under the Water Industry Act 1991 (c. 56);
“water undertaker’s area” means the area for which a water undertaker is
appointed under that Act.
Waste water
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29
Waste water treatment plants
(1)
The construction of a waste water treatment plant is within section 14(1)(o)
only if the treatment plant (when constructed)—
(a)
will be in England, and
(b)
is expected to have a capacity exceeding a population equivalent of
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500,000.
(2)
The alteration of a waste water treatment plant is within section 14(1)(o) only
if—
(a)
the treatment plant is in England, and
(b)
the effect of the alteration is expected to be to increase by more than a
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population equivalent of 500,000 the capacity of the plant.
(3)
“Waste water” includes domestic waste water, industrial waste water and
urban waste water.
(4)
The following terms have the meanings given by regulation 2(1) of the Urban
Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/
35
2841)—
“domestic waste water”;
“industrial waste water”;
“population equivalent”;
“urban waste water”.
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Planning Bill
Part 4 — Requirement for development consent
19

Waste
30
Hazardous waste facilities
(1)
The construction of a hazardous waste facility is within section 14(1)(p) only
if—
(a)
the facility (when constructed) will be in England,
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(b)
the main purpose of the facility is expected to be the final disposal or
recovery of hazardous waste, and
(c)
the facility is expected to have the capacity specified in subsection (2).
(2)
The capacity is—
(a)
in the case of the disposal of hazardous waste by landfill or in a deep
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storage facility, more than 100,000 tonnes per year;
(b)
in any other case, more than 30,000 tonnes per year.
(3)
The alteration of a hazardous waste facility is within section 14(1)(p) only if—
(a)
the facility is in England,
(b)
the main purpose of the facility is the final disposal or recovery of
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hazardous waste, and
(c)
the alteration is expected to have the effect specified in subsection (4).
(4)
The effect is—
(a)
in the case of the disposal of hazardous waste by landfill or in a deep
storage facility, to increase by more than 100,000 tonnes per year the
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capacity of the facility;
(b)
in any other case, to increase by more than 30,000 tonnes per year the
capacity of the facility.
(5)
The following terms have the same meanings as in the Hazardous Waste
(England and Wales) Regulations 2005 (S.I. 2005/894) (see regulation 5 of those
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regulations)—
“disposal”;
“hazardous waste”;
“recovery”.
(6)
“Deep storage facility” means a facility for the storage of waste underground
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in a deep geological cavity.
Part 4
Requirement for development consent
31
When development consent is required
Consent under this Act (“development consent”) is required for development
35
to the extent that the development is or forms part of a nationally significant
infrastructure project.
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Meaning of “development”
(1)
In this Act (except in Part 11) “development” has the same meaning as it has in
TCPA 1990.
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This is subject to subsections (2) and (3).

Planning Bill
Part 4 — Requirement for development consent
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(2)
For the purposes of this Act—
(a)
the conversion of a generating station with a view to its being fuelled
by crude liquid petroleum, a petroleum product or natural gas is
treated as a material change in the use of the generating station;
(b)
starting to use a cavity or strata for the underground storage of gas is
5
treated as a material change in the use of the cavity or strata;
(c)
an increase in the permitted use of an airport is treated as a material
change in the use of the airport.
(3)
For the purposes of this Act the following works are taken to be development
(to the extent that they would not be otherwise)—
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(a)
works for the demolition of a listed building or its alteration or
extension in a manner which would affect its character as a building of
special architectural or historic interest;
(b)
demolition of a building in a conservation area;
(c)
works resulting in the demolition or destruction of or any damage to a
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scheduled monument;
(d)
works for the purpose of removing or repairing a scheduled monument
or any part of it;
(e)
works for the purpose of making any alterations or additions to a
scheduled monument;
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(f)
flooding or tipping operations on land in, on or under which there is a
scheduled monument.
(4)
In this section—
“conservation area” has the meaning given by section 91(1) of the Listed
Buildings Act;
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“flooding operations” has the meaning given by section 61(1) of the
Ancient Monuments and Archaeological Areas Act 1979 (c. 46);
“listed building” has the meaning given by section 1(5) of the Listed
Buildings Act;
“permitted” means permitted by planning permission or development
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consent;
“petroleum products” has the meaning given by section 21 of the Energy
Act 1976 (c. 76);
“scheduled monument” has the meaning given by section 1(11) of the
Ancient Monuments and Archaeological Areas Act 1979;
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“tipping operations” has the meaning given by section 61(1) of that Act.
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Effect of requirement for development consent on other consent regimes
(1)
To the extent that development consent is required for development, none of
the following is required to be obtained for the development or given in
relation to it—
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(a)
planning permission;
(b)
consent under section 10(1), 11(1) or 12(1) of the Green Belt (London
and Home Counties) Act 1938 (c. xciii) (erection of buildings and
construction of sewer main pipes, watercourses and electric lines etc.
on Green Belt land);
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(c)
a pipe-line construction authorisation under section 1(1) of the Pipe-
lines Act 1962 (c. 58) (authorisation for construction of cross-country
pipe-lines);

Planning Bill
Part 4 — Requirement for development consent
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(d)
authorisation by an order under section 4(1) of the Gas Act 1965 (c. 36)
(storage of gas in underground strata);
(e)
notice under section 14(1) of the Energy Act 1976 (c. 76) (conversion of
generating station from one fuel to another);
(f)
to the extent that the development relates to land in England, consent
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under section 2(3) or 3 of the Ancient Monuments and Archaeological
Areas Act 1979 (c. 46);
(g)
to the extent that the development relates to land in England, notice
under section 35 of the Ancient Monuments and Archaeological Areas
Act 1979;
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(h)
consent under section 36 or 37 of the Electricity Act 1989 (c. 29)
(construction etc. of generating stations and installation of overhead
lines);
(i)
to the extent that the development relates to land in England, consent
under section 8(1), (2) or (3) of the Listed Buildings Act;
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(j)
to the extent that the development relates to land in England, consent
under section 74(1) of the Listed Buildings Act.
(2)
To the extent that development consent is required for development, the
development may not be authorised by any of the following—
(a)
an order under section 14 or 16 of the Harbours Act 1964 (c. 40) (orders
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in relation to harbours, docks and wharves);
(b)
an order under section 4(1) of the Gas Act 1965 (order authorising
storage of gas in underground strata);
(c)
an order under section 1 or 3 of the Transport and Works Act 1992
(c. 42) (orders as to railways, tramways, inland waterways etc.).
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(3)
Subsection (2) is subject to section 34.
(4)
If development consent is required for the construction, improvement or
alteration of a highway, none of the following may be made or confirmed in
relation to the highway or in connection with the construction, improvement
or alteration of the highway—
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(a)
an order under section 10 of the Highways Act 1980 (c. 66) (general
provisions as to trunk roads) directing that the highway should become
a trunk road;
(b)
an order under section 14 of that Act (supplementary orders relating to
trunk roads and classified roads);
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(c)
a scheme under section 16 of that Act (schemes authorising the
provision of special roads);
(d)
an order under section 18 of that Act (supplementary orders relating to
special roads);
(e)
an order or scheme under section 106 of that Act (orders and schemes
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providing for construction of bridges over or tunnels under navigable
waters);
(f)
an order under section 108 or 110 of that Act (orders authorising the
diversion of navigable and non-navigable watercourses);
(g)
an order under section 6 of the New Roads and Street Works Act 1991
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(c. 22) (toll orders).