|
| |
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34 | Welsh offshore generating stations |
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(1) | Section 33(2) does not prevent an order under section 3 of the Transport and |
| |
Works Act 1992 (c. 42) from authorising the carrying out of works consisting of |
| |
the construction or extension of a generating station that is or (when |
| |
constructed or extended) will be a Welsh offshore generating station. |
| 5 |
(2) | A “Welsh offshore generating station” is a generating station that is in waters |
| |
in or adjacent to Wales up to the seaward limits of the territorial sea. |
| |
(3) | If, by virtue of subsection (1), an order under section 3 of the Transport and |
| |
Works Act 1992 authorises the carrying out of any works, development |
| |
consent is treated as not being required for the carrying out of those works. |
| 10 |
35 | Directions in relation to projects of national significance |
| |
(1) | This section applies if— |
| |
(a) | an application for a consent or authorisation mentioned in section 33(1) |
| |
or (2) is made to an authority (“the relevant authority”) in relation to |
| |
| 15 |
(b) | the development is or forms part of a project in one or more of the fields |
| |
specified in subsection (2), |
| |
(c) | the development will (when completed) be wholly in one or more of the |
| |
areas specified in subsection (3), and |
| |
(d) | the Secretary of State thinks that the project is of national significance, |
| 20 |
either by itself or when considered with one or more other projects or |
| |
proposed projects in one or more of the fields specified in subsection |
| |
| |
| |
| 25 |
| |
| |
| |
| |
| 30 |
| |
(b) | waters adjacent to England up to the seaward limits of the territorial |
| |
| |
(c) | in the case of a project for the carrying out of works in the field of |
| |
energy, a Renewable Energy Zone, except any part of a Renewable |
| 35 |
Energy Zone in relation to which the Scottish Ministers have functions. |
| |
(4) | The Secretary of State may direct— |
| |
(a) | the application to be treated as an application for an order granting |
| |
| |
(b) | the development to which the application relates to be treated as |
| 40 |
development for which development consent is required, |
| |
| for specified purposes or generally. |
| |
(5) | A direction under subsection (4) may provide for specified provisions of or |
| |
made under this or any other Act— |
| |
(a) | to have effect in relation to the application with any specified |
| 45 |
| |
| |
| |
|
| |
| |
(b) | to be treated as having been complied with in relation to the |
| |
| |
(6) | If the Secretary of State gives a direction under subsection (4), the relevant |
| |
authority must refer the application to the Commission instead of dealing with |
| |
| 5 |
(7) | If the Secretary of State is considering whether to give a direction under |
| |
subsection (4), the Secretary of State may direct the relevant authority to take |
| |
no further action in relation to the application until the Secretary of State has |
| |
decided whether to give the direction. |
| |
(8) | The Secretary of State may require the relevant authority to provide any |
| 10 |
information required by the Secretary of State for the purpose of enabling the |
| |
Secretary of State to decide— |
| |
(a) | whether to give a direction under subsection (4), and |
| |
(b) | the terms in which a direction under subsection (4) should be given. |
| |
(9) | If the Secretary of State decides to give a direction under subsection (4), the |
| 15 |
Secretary of State must give reasons for the decision. |
| |
36 | Amendments consequential on development consent regime |
| |
Schedule 2 makes amendments consequential on the development consent |
| |
| |
| 20 |
Applications for orders granting development consent |
| |
| |
| |
37 | Applications for orders granting development consent |
| |
(1) | An order granting development consent may be made only if an application is |
| 25 |
| |
(2) | An application for an order granting development consent must be made to the |
| |
| |
(3) | An application for an order granting development consent must— |
| |
(a) | specify the development to which it relates, |
| 30 |
(b) | be made in the prescribed form, |
| |
(c) | be accompanied by the consultation report, and |
| |
(d) | be accompanied by documents and information of a prescribed |
| |
| |
(4) | The Commission may give guidance about how the requirements under |
| 35 |
subsection (3) are to be complied with. |
| |
(5) | The Commission may set standards for— |
| |
(a) | the preparation of a document required by subsection (3)(d); |
| |
(b) | the coverage in such a document of a matter falling to be dealt with in it; |
| |
| |
| |
|
| |
| |
(c) | all or any of the collection, sources, verification, processing and |
| |
presentation of information required by subsection (3)(d). |
| |
(6) | The Commission must publish, in such manner as it thinks appropriate, any |
| |
guidance given under subsection (4) and any standards set under subsection |
| |
| 5 |
(7) | In subsection (3)(c) “the consultation report” means a report of— |
| |
(a) | the consultation carried out under section 47(7) in relation to a |
| |
proposed application that has become the application, |
| |
(b) | the results of that consultation, and |
| |
(c) | the account taken of those results. |
| 10 |
| |
(1) | The Secretary of State may by order prescribe model provisions for |
| |
incorporation in a draft order which may be required (in accordance with |
| |
regulations made under section 37) to accompany an application for an order |
| |
granting development consent. |
| 15 |
(2) | The Commission must have regard to any model provisions prescribed by an |
| |
order under subsection (1) when exercising its power to make an order |
| |
granting development consent. |
| |
(3) | The fact that a model provision has been prescribed by an order under |
| |
subsection (1) does not make it mandatory for a provision in the terms of the |
| 20 |
| |
| |
(b) | an order granting development consent. |
| |
39 | Register of applications |
| |
(1) | The Commission is to maintain a register of applications received by it for |
| 25 |
orders granting development consent (“the register”). |
| |
(2) | Where the Commission receives an application for an order granting |
| |
development consent, it must cause details of the application to be entered in |
| |
| |
(3) | The Commission must publish the register or make arrangements for |
| 30 |
inspection of the register by the public. |
| |
(4) | The Commission must make arrangements for inspection by the public of— |
| |
(a) | applications received by the Commission for orders granting |
| |
| |
(b) | consultation reports received by the Commission under section |
| 35 |
| |
(c) | accompanying documents and information received by the |
| |
Commission under section 37(3)(d). |
| |
40 | Applications by the Crown for orders granting development consent |
| |
(1) | This section applies to an application for an order granting development |
| 40 |
consent made by or on behalf of the Crown. |
| |
| |
| |
|
| |
| |
(2) | The Secretary of State may by regulations modify or exclude any statutory |
| |
| |
(a) | the procedure to be followed before such an application is made; |
| |
(b) | the making of such an application; |
| |
(c) | the decision-making process for such an application. |
| 5 |
(3) | A statutory provision is a provision contained in or having effect under this Act |
| |
| |
| |
Pre-application procedure |
| |
41 | Chapter applies before application is made |
| 10 |
(1) | This Chapter applies where a person (“the applicant”) proposes to make an |
| |
application for an order granting development consent. |
| |
(2) | In the following provisions of this Chapter— |
| |
“the proposed application” means the proposed application mentioned in |
| |
| 15 |
“the land” means the land to which the proposed application relates or |
| |
| |
“the proposed development” means the development for which the |
| |
proposed application (if made) would seek development consent. |
| |
| 20 |
(1) | The applicant must consult the following about the proposed application— |
| |
(a) | such persons as may be prescribed, |
| |
(b) | each local authority that is within section 43, |
| |
(c) | the Greater London Authority if the land is in Greater London, and |
| |
(d) | each person who is within one or more of the categories set out in |
| 25 |
| |
(2) | The Commission may issue guidance about how to comply with the duty |
| |
| |
(3) | The applicant must, in discharging that duty, have regard to any guidance |
| |
| 30 |
43 | Local authorities for purposes of section 42(1)(b) |
| |
(1) | A local authority is within this section if the land is in the authority’s area. |
| |
(2) | A local authority (“A”) is within this section if— |
| |
(a) | the land is in the area of another local authority (“B”), and |
| |
(b) | any part of the boundary of A’s area is also a part of the boundary of |
| 35 |
| |
(3) | 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, |
| 40 |
| |
| |
|
| |
| |
(d) | the Council of the Isles of Scilly, |
| |
(e) | a county council, or county borough council, in Wales, or |
| |
(f) | a council constituted under section 2 of the Local Government etc. |
| |
(Scotland) Act 1994 (c. 39). |
| |
44 | Categories for purposes of section 42(1)(d) |
| 5 |
(1) | A person is within Category 1 if the applicant, after making diligent inquiry, |
| |
knows that the person is an owner, lessee, tenant (whatever the tenancy |
| |
period) or occupier of the land. |
| |
(2) | A person is within Category 2 if the applicant, after making diligent inquiry, |
| |
| 10 |
(a) | is interested in the land, or |
| |
| |
(i) | to sell and convey the land, or |
| |
(ii) | to release the land. |
| |
(3) | An expression, other than “the land”, that appears in subsection (2) of this |
| 15 |
section and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has |
| |
in subsection (2) the meaning that it has in section 5(1) of that Act. |
| |
(4) | A person is within Category 3 if the applicant thinks that, if the order sought |
| |
by the proposed application were to be made and fully implemented, the |
| |
person would or might be entitled— |
| 20 |
(a) | as a result of the implementing of the order, |
| |
(b) | as a result of the order having been implemented, or |
| |
(c) | as a result of use of the land once the order has been implemented, |
| |
| to make a relevant claim. |
| |
| This is subject to subsection (5). |
| 25 |
(5) | A person is within Category 3 only if the person is known to the applicant after |
| |
| |
(6) | In subsection (4) “relevant claim” means— |
| |
(a) | a claim under section 10 of the Compulsory Purchase Act 1965 |
| |
(compensation where satisfaction not made for the taking, or injurious |
| 30 |
affection, of land subject to compulsory purchase); |
| |
(b) | a claim under Part 1 of the Land Compensation Act 1973 (c. 26) |
| |
(compensation for depreciation of land value by physical factors |
| |
caused by use of public works). |
| |
45 | Timetable for consultation under section 42 |
| 35 |
(1) | The applicant must, when consulting a person under section 42(1), notify the |
| |
person of the deadline for the receipt by the applicant of the person’s response |
| |
| |
(2) | A deadline notified under subsection (1) must not be earlier than the end of the |
| |
period of 28 days that begins with the day after the day on which the person |
| 40 |
receives the consultation documents. |
| |
(3) | In subsection (2) “the consultation documents” means the documents supplied |
| |
to the person by the applicant for the purpose of consulting the person. |
| |
| |
| |
|
