Planning Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Part 2 — National policy statements
6

11
Suspension pending review
(1)
This section applies if the Secretary of State thinks that—
(a)
since the time when a national policy statement was first published or
(if later) last reviewed, there has been a significant change in any
circumstances on the basis of which any of the policy set out in the
5
statement was decided,
(b)
the change was not anticipated at that time, and
(c)
if the change had been anticipated at that time, any of the policy set out
in the statement would have been materially different.
(2)
The Secretary of State may suspend the operation of all or any part of the
10
national policy statement until a review of the statement has been completed.
(3)
If the Secretary of State does so, the designation as a national policy statement
of the statement or (as the case may be) the part of the statement that has been
suspended is treated as having been withdrawn until the day on which the
Secretary of State complies with section 6(2) in relation to the review.
15
12
Pre-commencement statements of policy, consultation etc.
(1)
The Secretary of State may designate a statement as a national policy statement
for the purposes of this Act even if—
(a)
the statement has been issued by the Secretary of State before the
commencement day, or
20
(b)
the statement sets out national policy by reference to one or more
statements issued by the Secretary of State before the commencement
day.
(2)
If an appraisal of the sustainability of the policy set out in a statement is carried
out before the commencement day, the Secretary of State may treat the
25
appraisal as meeting the requirements of section 5(3).
(3)
The Secretary of State may take account of consultation carried out, and
publicity arranged, before the commencement day for the purpose of
complying with the requirements of section 7.
(4)
The Secretary of State may take account of things done before the
30
commencement day for the purpose of complying with the requirements of
section 9.
(5)
“The commencement day” means the day on which section 5 comes fully into
force.
13
Legal challenges relating to national policy statements
35
(1)
A court may entertain proceedings for questioning a national policy statement
or anything done, or omitted to be done, by the Secretary of State in the course
of preparing such a statement only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with—
40
(i)
the day on which the statement is designated as a national
policy statement for the purposes of this Act, or
(ii)
(if later) the day on which the statement is published.

Planning Bill
Part 3 — Nationally significant infrastructure projects
7

(2)
A court may entertain proceedings for questioning a decision of the Secretary
of State not to review a national policy statement only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with the
day of the decision not to review the statement.
5
(3)
A court may entertain proceedings for questioning a decision of the Secretary
of State to review a national policy statement only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with the
day on which the Secretary of State complies with section 6(2) in
10
relation to the review concerned.
(4)
A court may entertain proceedings for questioning anything done, or omitted
to be done, by the Secretary of State in the course of reviewing a national policy
statement only if—
(a)
the proceedings are brought by a claim for judicial review, and
15
(b)
the claim form is filed during the period of 6 weeks beginning with the
day on which the Secretary of State complies with section 6(2) in
relation to the review concerned.
(5)
A court may entertain proceedings for questioning anything done by the
Secretary of State under section 6(2) after completing a review of a national
20
policy statement only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with the
day on which the thing concerned is done.
(6)
A court may entertain proceedings for questioning a decision of the Secretary
25
of State as to whether or not to suspend the operation of all or part of a national
policy statement under section 11 only if—
(a)
the proceedings are brought by a claim for judicial review, and
(b)
the claim form is filed during the period of 6 weeks beginning with the
day of the decision.
30
Part 3
Nationally significant infrastructure projects
General
14
Nationally significant infrastructure projects: general
(1)
In this Act “nationally significant infrastructure project” means a project which
35
consists of any of the following—
(a)
the construction or extension of a generating station;
(b)
the installation of an electric line above ground;
(c)
development relating to underground gas storage facilities;
(d)
the construction or alteration of an LNG facility;
40
(e)
the construction or alteration of a gas reception facility;
(f)
the construction of a pipe-line by a gas transporter;
(g)
the construction of a pipe-line other than by a gas transporter;
(h)
highway-related development;

Planning Bill
Part 3 — Nationally significant infrastructure projects
8

(i)
airport-related development;
(j)
the construction or alteration of harbour facilities;
(k)
the construction or alteration of a railway;
(l)
the construction or alteration of a rail freight interchange;
(m)
the construction or alteration of a dam or reservoir;
5
(n)
development relating to the transfer of water resources;
(o)
the construction or alteration of a waste water treatment plant;
(p)
the construction or alteration of a hazardous waste facility.
(2)
Subsection (1) is subject to sections 15 to 30.
(3)
The Secretary of State may by order—
10
(a)
amend subsection (1) to add a new type of project or vary or remove an
existing type of project;
(b)
make further provision, or amend or repeal existing provision, about
the types of project which are, and are not, within subsection (1).
(4)
An order under subsection (3)(b) may amend this Act.
15
(5)
The power conferred by subsection (3) may be exercised to add a new type of
project to subsection (1) only if—
(a)
a project of the new type is a project for the carrying out of works in one
or more of the fields specified in subsection (6), and
(b)
the works are to be carried out wholly in one or more of the areas
20
specified in subsection (7).
(6)
The fields are—
(a)
energy;
(b)
transport;
(c)
water;
25
(d)
waste water;
(e)
waste.
(7)
The areas are—
(a)
England;
(b)
waters adjacent to England up to the seaward limits of the territorial
30
sea;
(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
Energy Zone in relation to which the Scottish Ministers have functions.
Energy
35
15
Generating stations
(1)
The construction or extension of a generating station is within section 14(1)(a)
only if the generating station is or (when constructed or extended) is expected
to be within subsection (2) or (3).
(2)
A generating station is within this subsection if—
40
(a)
it is in England or Wales,
(b)
it is not an offshore generating station, and
(c)
its capacity is more than 50 megawatts.

Planning Bill
Part 3 — Nationally significant infrastructure projects
9

(3)
A generating station is within this subsection if—
(a)
it is an offshore generating station, and
(b)
its capacity is more than 100 megawatts.
(4)
An “offshore” generating station is a generating station that is—
(a)
in waters in or adjacent to England or Wales up to the seaward limits of
5
the territorial sea, or
(b)
in a Renewable Energy Zone, except any part of a Renewable Energy
Zone in relation to which the Scottish Ministers have functions.
16
Electric lines
(1)
The installation of an electric line above ground is within section 14(1)(b) only
10
if (when installed) the electric line will be—
(a)
wholly in England,
(b)
wholly in Wales,
(c)
partly in England and partly in Wales, or
(d)
partly in England and partly in Scotland, subject to subsection (2).
15
(2)
In the case of an electric line falling within subsection (1)(d), the installation of
the line above ground is within section 14(1)(b) only to the extent that (when
installed) the line will be in England.
(3)
The installation of an electric line above ground is not within section 14(1)(b)—
(a)
if the nominal voltage of the line is expected to be less than 132
20
kilovolts, or
(b)
to the extent that (when installed) the line will be within premises in the
occupation or control of the person responsible for its installation.
(4)
“Premises” includes any land, building or structure.
17
Underground gas storage facilities
25
(1)
Development relating to underground gas storage facilities is within section
14(1)(c) only if the development is within subsection (2), (3) or (5).
(2)
Development is within this subsection if—
(a)
it is the carrying out of operations for the purpose of creating
underground gas storage facilities in England, or
30
(b)
it is starting to use underground gas storage facilities in England,

and the condition in subsection (4) is met in relation to the facilities.
(3)
Development is within this subsection if—
(a)
it is starting to use underground gas storage facilities in Wales,
(b)
the facilities are facilities for the storage of gas underground in natural
35
porous strata,
(c)
the proposed developer is a gas transporter, and
(d)
the condition in subsection (4) is met in relation to the facilities.
(4)
The condition is that—
(a)
the working capacity of the facilities is expected to be at least 43 million
40
standard cubic metres, or
(b)
the maximum flow rate of the facilities is expected to be at least 4.5
million standard cubic metres per day.

Planning Bill
Part 3 — Nationally significant infrastructure projects
10

(5)
Development is within this subsection if—
(a)
it is the carrying out of operations for the purpose of altering
underground gas storage facilities in England, and
(b)
the effect of the alteration is expected to be—
(i)
to increase by at least 43 million standard cubic metres the
5
working capacity of the facilities, or
(ii)
to increase by at least 4.5 million standard cubic metres per day
the maximum flow rate of the facilities.
(6)
“Underground gas storage facilities” means facilities for the storage of gas
underground in cavities or in porous strata.
10
(7)
In this section—
“maximum flow rate”, in relation to underground gas storage facilities,
means the maximum rate at which gas is able to flow out of the
facilities, on the assumption that—
(a)
the facilities are filled to maximum capacity, and
15
(b)
the rate is measured after any processing of gas required on its
recovery from storage;
“working capacity”, in relation to underground gas storage facilities,
means the capacity of the facilities for storage of gas underground,
ignoring any capacity for storage of cushion gas.
20
(8)
In subsection (7) “cushion gas” means gas which is kept in underground gas
storage facilities for the purpose of enabling other gas stored there to be
recovered from storage.
18
LNG facilities
(1)
The construction of an LNG facility is within section 14(1)(d) only if (when
25
constructed) the facility will be in England and—
(a)
the storage capacity of the facility is expected to be at least 43 million
standard cubic metres, or
(b)
the maximum flow rate of the facility is expected to be at least 4.5
million standard cubic metres per day.
30
(2)
The alteration of an LNG facility is within section 14(1)(d) only if the facility is
in England and the effect of the alteration is expected to be—
(a)
to increase by at least 43 million standard cubic metres the storage
capacity of the facility, or
(b)
to increase by at least 4.5 million standard cubic metres per day the
35
maximum flow rate of the facility.
(3)
“LNG facility” means a facility for—
(a)
the reception of liquid natural gas from outside England,
(b)
the storage of liquid natural gas, and
(c)
the regasification of liquid natural gas.
40
(4)
In this section—
“maximum flow rate”, in relation to a facility, means the maximum rate at
which gas is able to flow out of the facility, on the assumption that—
(a)
the facility is filled to maximum capacity, and

Planning Bill
Part 3 — Nationally significant infrastructure projects
11

(b)
the rate is measured after regasification of the liquid natural gas
and any other processing required on the recovery of the gas
from storage;
“storage capacity” means the capacity of the facility for storage of liquid
natural gas.
5
(5)
The storage capacity of an LNG facility is to be measured as if the gas were
stored in regasified form.
19
Gas reception facilities
(1)
The construction of a gas reception facility is within section 14(1)(e) only if
10
(when constructed)—
(a)
the facility will be in England and will be within subsection (4), and
(b)
the maximum flow rate of the facility is expected to be at least 4.5
million standard cubic metres per day.
(2)
The alteration of a gas reception facility is within section 14(1)(e) only if—
15
(a)
the facility is in England and is within subsection (4), and
(b)
the effect of the alteration is expected to be to increase by at least 4.5
million standard cubic metres per day the maximum flow rate of the
facility.
(3)
“Gas reception facility” means a facility for—
20
(a)
the reception of natural gas in gaseous form from outside England, and
(b)
the handling of natural gas (other than its storage).
(4)
A gas reception facility is within this subsection if—
(a)
the gas handled by the facility does not originate in England, Wales or
Scotland,
25
(b)
the gas does not arrive at the facility from Scotland or Wales, and
(c)
the gas has not already been handled at another facility after its arrival
in England.
(5)
“Maximum flow rate” means the maximum rate at which gas is able to flow out
of the facility.
30
20
Gas transporter pipe-lines
(1)
The construction of a pipe-line by a gas transporter is within section 14(1)(f)
only if (when constructed) each of the conditions in subsections (2) to (5) is
expected to be met in relation to the pipe-line.
(2)
The pipe-line must be wholly or partly in England.
35
(3)
Either—
(a)
the pipe-line must be more than 800 millimetres in diameter and more
than 40 kilometres in length, or
(b)
the construction of the pipe-line must be likely to have a significant
effect on the environment.
40
(4)
The pipe-line must have a design operating pressure of more than 7 bar gauge.

Planning Bill
Part 3 — Nationally significant infrastructure projects
12

(5)
The pipe-line must convey gas for supply (directly or indirectly) to at least
50,000 customers, or potential customers, of one or more gas suppliers.
(6)
In the case of a pipe-line that (when constructed) will be only partly in England,
the construction of the pipe-line is within section 14(1)(f) only to the extent that
the pipe-line will (when constructed) be in England.
5
(7)
“Gas supplier” has the same meaning as in Part 1 of the Gas Act 1986 (c. 44) (see
section 7A(11) of that Act).
21
Other pipe-lines
(1)
The construction of a pipe-line other than by a gas transporter is within section
14(1)(g) only if (when constructed) the pipe-line is expected to be—
10
(a)
a cross-country pipe-line,
(b)
a pipe-line the construction of which would (but for section 33(1) of this
Act) require authorisation under section 1(1) of the Pipe-lines Act 1962
(c. 58) (cross-country pipe-lines not to be constructed without
authorisation), and
15
(c)
within subsection (2).
(2)
A pipe-line is within this subsection if one end of it is in England or Wales
and—
(a)
the other end of it is in England or Wales, or
(b)
it is an oil or gas pipe-line and the other end of it is in Scotland.
20
(3)
For the purposes of section 14(1)(g) and the previous provisions of this section,
the construction of a diversion to a pipe-line is treated as the construction of a
separate pipe-line.
(4)
But if—
(a)
the pipe-line to be diverted is itself a nationally significant pipe-line,
25
and
(b)
the length of the pipe-line which is to be diverted has not been
constructed,

the construction of the diversion is treated as the construction of a cross-
country pipe-line, whatever the length of the diversion.
30
(5)
For the purposes of subsection (4), a pipe-line is a nationally significant pipe-
line if—
(a)
development consent is required for its construction by virtue of
section 14(1)(g), and has been granted, or
(b)
its construction has been authorised by a pipe-line construction
35
authorisation under section 1(1) of the Pipe-lines Act 1962.
(6)
“Diversion” means a lateral diversion of a length of a pipe-line (whether or not
that pipe-line has been constructed) where the diversion is beyond the
permitted limits.
(7)
The permitted limits are the limits of lateral diversion permitted by any of the
40
following granted in respect of the construction of the pipe-line—
(a)
development consent;
(b)
authorisation under the Pipe-lines Act 1962;
(c)
planning permission.