Planning Bill

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House of Lords

Session 2007 - 08
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Planning Bill

Planning Bill

[AS AMENDED IN COMMITTEE]

Contents
Part 1
The Infrastructure Planning Commission
1
The Infrastructure Planning Commission
2
Code of conduct
3
Register of Commissioners’ interests
4
Fees
Part 2
National policy statements
5
National policy statements
6
Review
7
Consultation and publicity
8
Consultation on publicity requirements
9
Parliamentary requirements
10
Sustainable development
11
Suspension pending review
12
Pre-commencement statements of policy, consultation etc.
13
Legal challenges relating to national policy statements
Part 3
Nationally significant infrastructure projects
General
14
Nationally significant infrastructure projects: general
Energy
15
Generating stations
16
Electric lines
17
Underground gas storage facilities
18
LNG facilities
19
Gas reception facilities

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20
Gas transporter pipe-lines
21
Other pipe-lines
Transport
22
Highways
23
Airports
24
Harbour facilities
25
Railways
26
Rail freight interchanges
Water
27
Dams and reservoirs
28
Transfer of water resources
Waste water
29
Waste water treatment plants
Waste
30
Hazardous waste facilities
Part 4
Requirement for development consent
31
When development consent is required
32
Meaning of “development”
33
Effect of requirement for development consent on other consent regimes
34
Welsh offshore generating stations
35
Directions in relation to projects of national significance
36
Amendments consequential on development consent regime
Part 5
Applications for orders granting development consent
Chapter 1
Applications
37
Applications for orders granting development consent
38
Model provisions
39
Register of applications
40
Applications by the Crown for orders granting development consent
Chapter 2
Pre-application procedure
41
Chapter applies before application is made
42
Duty to consult

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43
Local authorities for purposes of section 42 (1)(b)
44
Categories for purposes of section 42 (1)(d)
45
Timetable for consultation under section 42
46
Duty to notify Commission of proposed application
47
Duty to consult local community
48
Duty to publicise
49
Duty to take account of responses to consultation and publicity
Chapter 3
Assistance for applicants and others
50
Advice for potential applicants and others
51
Obtaining information about interests in land
52
Rights of entry
53
Rights of entry: Crown land
Part 6
Deciding applications for orders granting development consent
Chapter 1
Handling of application by Commission
54
Acceptance of applications
55
Notifying persons of accepted application
56
Categories for purposes of section 55 (2)(d)
57
Certifying compliance with section 55
58
Notice of persons interested in land to which compulsory acquisition request
relates
59
Local impact reports
60
Initial choice of Panel or single Commissioner
61
Switching from single Commissioner to Panel
62
Delegation of functions by person appointed to chair Commission
Chapter 2
The Panel procedure
Panels
63
Panel for each application to be handled under this Chapter
64
Appointment of members, and lead member, of Panel
65
Ceasing to be member, or lead member, of Panel
66
Panel member continuing though ceasing to be Commissioner
67
Additional appointments to Panel
68
Replacement of lead member of Panel
69
Membership of Panel where application relates to land in Wales
70
Supplementary provision where Panel replaces single Commissioner
71
Panel ceasing to have any members
72
Consequences of changes in Panel

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Panel’s role in relation to application
73
Panel to decide, or make recommendation in respect of, application
74
Decision-making by the Panel
75
Allocation within Panel of Panel’s functions
76
Exercise of Panel’s powers for examining application
Chapter 3
The single-Commissioner procedure
The single Commissioner
77
Single Commissioner to handle application
78
Appointment of single Commissioner
79
Ceasing to be the single Commissioner
80
Single Commissioner continuing though ceasing to be Commissioner
81
Appointment of replacement single Commissioner
Single Commissioner’s role in relation to application
82
Single Commissioner to examine and report on application
Commission’s role in respect of application
83
Report from single Commissioner to be referred to Council
84
Decisions made by the Council on the application
Chapter 4
Examination of applications under Chapter 2 or 3
85
Chapter applies to examination by Panel or single Commissioner
86
Examining authority to control examination of application
87
Initial assessment of issues, and preliminary meeting
88
Examining authority’s decisions about how application is to be examined
89
Written representations
90
Hearings about specific issues
91
Compulsory acquisition hearings
92
Open-floor hearings
93
Hearings: general provisions
94
Hearings: disruption, supervision and costs
95
Representations not made orally may be made in writing
96
Procedure rules
97
Timetable for examining, and reporting on, application
98
Completion of Examining authority’s examination of application
99
Assessors
100
Interpretation of Chapter 4: “interested party” and other expressions
Chapter 5
Decisions on applications
101
Cases where Secretary of State is, and meaning of, decision-maker
102
Decisions of Panel and Council

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103
Decisions of Secretary of State
104
Matters that may be disregarded when deciding application
105
Timetable for decisions
Chapter 6
Suspension of decision-making process
106
Suspension during review of national policy statement
Chapter 7
Intervention by Secretary of State
107
Intervention: significant change in circumstances
108
Intervention: defence and national security
109
Intervention: other circumstances
110
Power of Secretary of State to intervene
111
Effect of intervention
Chapter 8
Grant or refusal
112
Grant or refusal of development consent
113
Development for which development consent may be granted
114
Reasons for decision to grant or refuse development consent
115
Orders granting development consent: formalities
Chapter 9
Legal challenges
116
Legal challenges relating to applications for orders granting development
consent
Chapter 10
Correction of errors
117
Correction of errors in development consent decisions
Part 7
Development consent orders
Chapter 1
Content of development consent orders
General
118
What may be included in order granting development consent
119
Proposed exercise of powers in relation to legislation

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Compulsory acquisition
120
Purpose for which compulsory acquisition may be authorised
121
Land to which authorisation of compulsory acquisition can relate
122
Guidance about authorisation of compulsory acquisition
123
Application of compulsory acquisition provisions
124
Compensation for compulsory acquisition
125
Statutory undertakers’ land
126
Local authority and statutory undertakers’ land: general
127
Local authority and statutory undertakers’ land: acquisition by public body
128
National Trust land
129
Commons, open spaces etc: compulsory acquisition of land
130
Commons, open spaces etc: compulsory acquisition of rights over land
131
Rights in connection with underground gas storage facilities
132
Notice of authorisation of compulsory acquisition
Miscellaneous
133
Orders: Crown land
134
Public rights of way
135
Public rights of way: statutory undertakers’ apparatus etc.
136
Extinguishment of rights, and removal of apparatus, of statutory undertakers
etc.
137
Operation of generating stations
138
Keeping electric lines installed above ground
139
Use of underground gas storage facilities
140
Diversion of watercourses
141
Highways
142
Harbours
143
Discharge of water
144
Development of Green Belt land
145
Deemed consent under section 34 of the Coast Protection Act 1949
146
Deemed licences under Part 2 of the Food and Environment Protection Act
1985
147
Removal of consent requirements
148
Liability under existing regimes
149
Compensation in case where no right to claim in nuisance
Chapter 2
Changes to, and revocation of, development consent orders
150
Changes to, and revocation of, orders granting development consent
Chapter 3
General
151
Duration of development consent order
152
When development begins
153
Benefit of development consent order
154
Use of buildings in respect of which development consent granted
155
Nuisance: statutory authority
156
Interpretation: land and rights over land

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Part 8
Enforcement
Offences
157
Development without development consent
158
Breach of terms of order granting development consent
159
Time limits
Rights of entry
160
Right to enter without warrant
161
Right to enter under warrant
162
Rights of entry: supplementary provisions
163
Rights of entry: Crown land
Information notices
164
Power to require information
165
Offences relating to information notices
Notices of unauthorised development
166
Notice of unauthorised development
167
Execution of works required by notice of unauthorised development
Injunctions
168
Injunctions
Isles of Scilly
169
Isles of Scilly
The relevant local planning authority
170
The relevant local planning authority
Part 9
Changes to existing planning regimes
Chapter 1
Changes related to development consent regime
Planning obligations
171
Planning obligations
Blighted land
172
Blighted land: England and Wales

© Parliamentary copyright 2008
Revised 24 October 2008