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Planning Act 2008

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Planning Act 2008

2008 c. 29

An Act to establish the Infrastructure Planning Commission and make provision about its functions; to make provision about, and about matters ancillary to, the authorisation of projects for the development of nationally significant infrastructure; to make provision about town and country planning; to make provision about the imposition of a Community Infrastructure Levy; and for connected purposes.

Enacted[26th November 2008]
Be it enacted by the Queen'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:—C42C58

C33Part 1 Infrastructure planning: fees

F1021 The Infrastructure Planning Commission

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F1022 Code of conduct

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F1023 Register of Commissioners' interests

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I914 Fees

1 The Secretary of State may make regulations providing for the charging of fees by the Secretary of State in connection with the performance of any of the Secretary of State's major-infrastructure functions.
2 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 who 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;
i for the supply of information for any purpose of the regulations.
3 The regulations may provide for the amounts of fees to be calculated by reference to costs incurred by the Secretary of State—
a in the performance of any of the Secretary of State's major-infrastructure functions, and
b in doing anything which is calculated to facilitate, or is conducive or incidental to, the performance of any of the Secretary of State's major-infrastructure functions.
4 In this section “the Secretary of State's major-infrastructure functions” means—
a the Secretary of State's functions under Parts 2 to 8 and under Part 12 so far as applying for the purposes of those Parts,
b the giving of advice to which section 51 applies, and
c the Secretary of State's functions, in relation to proposed applications for orders granting development consent, under statutory provisions implementing—
i Council Directive 85/337/ EC on the assessment of the effects of certain public and private projects on the environment, as amended from time to time, or
ii provisions of an EU instrument which from time to time replace provisions of that Directive.
5 In subsection (4)(c) “statutory provision” means a provision of an Act or of an instrument made under an Act.

Part 2 National policy statements

I275 National policy statements

1 The Secretary of State may designate a statement as a national policy statement for the purposes of this Act if the statement—
a is issued by the Secretary of State, and
b sets out national policy in relation to one or more specified descriptions of development.
2 In this Act “national policy statement” means a statement designated under subsection (1) as a national policy statement for the purposes of this Act.
3 Before designating a statement as a national policy statement for the purposes of this Act the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the statement.
4 A statement may be designated as a national policy statement for the purposes of this Act only if the consultation and publicity requirements set out in section 7, and the parliamentary requirements set out in section 9, have been complied with in relation to it and—
a the consideration period for the statement has expired without the House of Commons resolving during that period that the statement should not be proceeded with, or
b the statement has been approved by resolution of the House of Commons—
i after being laid before Parliament under section 9(8), and
ii before the end of the consideration period.
4A In subsection (4) “the consideration period”, in relation to a statement, means the period of 21 sitting days beginning with the first sitting day after the day on which the statement is laid before Parliament under section 9(8), and here “sitting day” means a day on which the House of Commons sits.
5 The policy set out in a national policy statement may in particular—
a set out, in relation to a specified description of development, the amount, type or size of development of that description which is appropriate nationally or for a specified area;
b set out criteria to be applied in deciding whether a location is suitable (or potentially suitable) for a specified description of development;
c set out the relative weight to be given to specified criteria;
d identify one or more locations as suitable (or potentially suitable) or unsuitable for a specified description of development;
e identify one or more statutory undertakers as appropriate persons to carry out a specified description of development;
f set out circumstances in which it is appropriate for a specified type of action to be taken to mitigate the impact of a specified description of development.
6 If a national policy statement sets out policy in relation to a particular description of development, the statement must set out criteria to be taken into account in the design of that description of development.
7 A national policy statement must give reasons for the policy set out in the statement.
8 The reasons must (in particular) include an explanation of how the policy set out in the statement takes account of Government policy relating to the mitigation of, and adaptation to, climate change.
9 The Secretary of State must—
a arrange for the publication of a national policy statement, F107...
F108b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 In this section “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of TCPA 1990.

I286 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).
2 A review may relate to all or part of a national policy statement , and in this section a “full review” means a single review relating to all of a national policy statement.
3 In deciding when to review a national policy statement the Secretary of State must consider whether—
a since the time when the 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 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.
4 In deciding when to review part of a national policy statement (“the relevant part”) the Secretary of State must consider whether—
a since the time when the relevant part 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 relevant part 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 relevant part would have been materially different.
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.
5 After completing a review of all or part of a national policy statement the Secretary of State must do one of the following—
a amend the statement;
b withdraw the statement's designation as a national policy statement;
c leave the statement as it is.
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.
6 Before amending a national policy statement the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the proposed amendment.
7 The Secretary of State may amend a national policy statement only if the consultation and publicity requirements set out in section 7, and the parliamentary requirements set out in section 9, have been complied with in relation to the proposed amendment and—
a the consideration period for the amendment has expired without the House of Commons resolving during that period that the amendment should not be proceeded with, or
b the amendment has been approved by resolution of the House of Commons—
i after being laid before Parliament F522..., and
ii before the end of the consideration period.
7A In subsection (7) “the consideration period”, in relation to an amendment, means the period of 21 sitting days beginning with the first sitting day after the day on which the amendment is laid before Parliament F523..., and here “sitting day” means a day on which the House of Commons sits.
8 Subsections (6) to (7A) do not apply if the Secretary of State thinks that the proposed amendment (taken with any other proposed amendments) does not materially affect the policy as set out in the national policy statement.
9 If the Secretary of State amends a national policy statement, the Secretary of State must—
a arrange for the amendment, or the statement as amended, to be published, and
b lay the amendment, or the statement as amended, before Parliament.
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).

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.

6A Interpretation of sections 5(4) and 6(7)

1 This section applies for the purposes of section 5(4) and 6(7).
2 The consultation and publicity requirements set out in section 7 are to be treated as having been complied with in relation to a statement or proposed amendment (“the final proposal”) if—
a they have been complied with in relation to a different statement or proposed amendment (“the earlier proposal”),
b the final proposal is a modified version of the earlier proposal, and
c the Secretary of State thinks that the modifications do not materially affect the policy as set out in the earlier proposal.
3 The consultation and publicity requirements set out in section 7 are also to be treated as having been complied with in relation to a statement or proposed amendment (“the final proposal”) if—
a they have been complied with—
i in relation to a different statement or proposed amendment (“the earlier proposal”), and
ii in relation to modifications of the earlier proposal (“the main modifications”),
b the final proposal is a modified version of the earlier proposal, and
c there are no modifications other than the main modifications or, where the modifications include modifications other than the main modifications, the Secretary of State thinks that those other modifications do not materially affect the policy as set out in the earlier proposal modified by the main modifications.
4 If section 9(8) has been complied with in relation to a statement or proposed amendment (“the final proposal”), the parliamentary requirements set out in section 9(2) to (7) are to be treated as having been complied with in relation to the final proposal where—
a the final proposal is not the same as what was laid under section 9(2), but
b those requirements have been complied with in relation to what was laid under section 9(2).
5 Ignore any corrections of clerical or typographical errors in what was laid under section 9(8).

6B Extension of consideration period under section 5(4A) or 6(7A)

1 The Secretary of State may—
a in relation to a proposed national policy statement, extend the period mentioned in section 5(4A), or
b in relation to a proposed amendment of a national policy statement, extend the period mentioned in section 6(7A),
by 21 sitting days or less.
2 The Secretary of State does that by laying before the House of Commons a statement—
a indicating that the period is to be extended, and
b setting out the length of the extension.
3 The statement under subsection (2) must be laid before the period would have expired without the extension.
4 The Secretary of State must publish the statement under subsection (2) in a way the Secretary of State thinks appropriate.
5 The period may be extended more than once.

I1I297 Consultation and publicity

1 This section sets out the consultation and publicity requirements referred to in sections 5(4) and 6(7).
2 The Secretary of State must carry out such consultation, and arrange for such publicity, as the Secretary of State thinks appropriate in relation to the proposal.This is subject to subsections (4) and (5).
3 In this section “the proposal” means—
a the statement that the Secretary of State proposes to designate as a national policy statement for the purposes of this Act, or
b (as the case may be) the proposed amendment.
4 The Secretary of State must consult such persons, and such descriptions of persons, as may be prescribed.
5 If the policy set out in the proposal identifies one or more locations as suitable (or potentially suitable) for a specified description of development, the Secretary of State must ensure that appropriate steps are taken to publicise the proposal.
6 The Secretary of State must have regard to the responses to the consultation and publicity in deciding whether to proceed with the proposal.

I308 Consultation on publicity requirements

C151 In deciding what steps are appropriate for the purposes of section 7(5), the Secretary of State must consult—
a each local authority that is within subsection (2) , (3) or (3A), and
b the Greater London Authority, if any of the locations concerned is in Greater London.
2 A local authority is within this subsection if any of the locations concerned is in the authority's area.
3 A local authority (“A”) is within this subsection if—
a any of the locations concerned is in the area of another local authority (“B”),
aa B is a unitary council or a lower-tier district council, and
b any part of the boundary of A's area is also a part of the boundary of B's area.
3A If any of the locations concerned is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this subsection if—
a D is not a lower-tier district council, and
b any part of the boundary of D's area is also part of the boundary of C'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 (c. 39);
g a National Park authority;
h the Broads Authority.
5 In this section—
  • “lower-tier district council” means a district council in England for an area for which there is a county council;
  • “unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;
  • “upper-tier county council” means a county council in England for each part of whose area there is a district council.

I319 Parliamentary requirements

1 This section sets out the parliamentary requirements referred to in sections 5(4) and 6(7).
2 The Secretary of State must lay the proposal before Parliament.
3 In this section “the proposal” means—
a the statement that the Secretary of State proposes to designate as a national policy statement for the purposes of this Act, or
b (as the case may be) the proposed amendment.
4 Subsection (5) applies if, during the relevant period—
a either House of Parliament makes a resolution with regard to the proposal, or
b a committee of either House of Parliament makes recommendations with regard to the proposal.
5 The Secretary of State must lay before Parliament a statement setting out the Secretary of State's response to the resolution or recommendations.
6 The relevant period is the period specified by the Secretary of State in relation to the proposal.
7 The Secretary of State must specify the relevant period in relation to the proposal on or before the day on which the proposal is laid before Parliament under subsection (2).
8 After the end of the relevant period, but not before the Secretary of State complies with subsection (5) if it applies, the Secretary of State must lay the proposal before Parliament.
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.
9 If after the laying requirement has been complied with—
a something other than what was laid under the laying requirement becomes the proposal, or
b what was laid under the laying requirement remains the proposal, or again becomes the proposal, despite the condition in section 5(4)(a) or 6(7)(a) not having been met in relation to it,
the laying requirement must be complied with anew.
10 For the purposes of subsection (9)(a) and (b) ignore any proposal to correct clerical or typographical errors in what was laid under the laying requirement.
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).

I3210 Sustainable development

1 This section applies to the Secretary of State's functions under sections 5 and 6.
2 The Secretary of State must, in exercising those functions, do so with the objective of contributing to the achievement of sustainable development.
3 For the purposes of subsection (2) the Secretary of State must (in particular) have regard to the desirability of—
a mitigating, and adapting to, climate change;
b achieving good design.

I3311 Suspension pending review

1 This section applies if the Secretary of State thinks that the condition in subsection (2) or (3) is met.
2 The condition is 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 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.
3 The condition is that—
a since the time when part of a national policy statement (“the relevant part”) 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 relevant part 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 relevant part would have been materially different.
4 The Secretary of State may suspend the operation of all or any part of the national policy statement until a review of the statement or the relevant part has been completed.
5 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(5) in relation to the review.

F11712 Pre-commencement statements of policy, consultation etc.

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I3413 Legal challenges relating to national policy statements

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 before the end of the period of 6 weeks beginning with the day after —
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.
2 A court may entertain proceedings for questioning a decision of the Secretary of State not to carry out a review of all or part of a national policy statement only if—
a the proceedings are brought by a claim for judicial review, and
b the claim form is filed before the end of the period of 6 weeks beginning with the day after the day of the decision not to carry out the review.
3 A court may entertain proceedings for questioning a decision of the Secretary of State to carry out a review of all or part of a national policy statement only if—
a the proceedings are brought by a claim for judicial review, and
b the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the Secretary of State complies with section 6(5) in 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 carrying out a review of all or part of a national policy statement only if—
a the proceedings are brought by a claim for judicial review, and
b the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the Secretary of State complies with section 6(5) in relation to the review concerned.
5 A court may entertain proceedings for questioning anything done by the Secretary of State under section 6(5) after completing a review of all or part of a national policy statement only if—
a the proceedings are brought by a claim for judicial review, and
b the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the thing concerned is done.
6 A court may entertain proceedings for questioning a decision of the Secretary 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 before the end of the period of 6 weeks beginning with the day after the day of the decision.

Part 3 Nationally significant infrastructure projects

General

I214 Nationally significant infrastructure projects: general

1 In this Act “nationally significant infrastructure project” means a project which consists of any of the following—
I180a the construction or extension of a generating station;
I180b the installation of an electric line above ground;
I180c development relating to underground gas storage facilities;
I180d the construction or alteration of an LNG facility;
I180e the construction or alteration of a gas reception facility;
I180f the construction of a pipe-line by a gas transporter;
I180g the construction of a pipe-line other than by a gas transporter;
I180h highway-related development;
I180i airport-related development;
I180j the construction or alteration of harbour facilities;
I180k the construction or alteration of a railway;
I180l the construction or alteration of a rail freight interchange;
I393m the construction or alteration of a dam or reservoir;
I394n development relating to the transfer of water resources;
na the construction or alteration of a desalination plant;
I344o the construction or alteration of a waste water treatment plant or of infrastructure for the transfer or storage of waste water ;
I346p the construction or alteration of a hazardous waste facility ;
q development relating to a radioactive waste geological disposal facility.
I1802 Subsection (1) is subject to sections 15 to 30A .
I1803 The Secretary of State may by order—
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).
3A An order under subsection (3)(a) may also amend section 6(7)(a) of the Public Order Act 2023 (obstruction etc of major transport works).
I1804 An order under subsection (3)(b) may amend this Act.
I1805 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 specified in subsection (7).
I1806 The fields are—
a energy;
b transport;
c water;
d waste water;
e waste.
I1807 The areas are—
a England;
b waters adjacent to England up to the seaward limits of the territorial 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

I31315 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) , (2A) , (3), (3A) or (3B).
2 A generating station is within this subsection if—
a it is in England F466...,
aa it generates electricity from wind or directly from sunlight,
b it is not an offshore generating station, and
c its capacity is more than 100 megawatts.
2A A generating station is within this subsection if—
a it is in England,
b it does not generate electricity from wind or directly from sunlight,
c it is not an offshore generating station, and
d its capacity is more than 50 megawatts.
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.
3A A generating station is within this subsection if—
a it is in Wales,
b it does not generate electricity from wind, and
c its capacity is more than 350 megawatts.
3B A generating station is within this subsection if—
a it is in waters adjacent to Wales up to the seaward limits of the territorial sea, or in the Welsh zone, and
b its capacity is more than 350 megawatts.
3C To the extent that an exempt electricity storage facility forms part of a generating station (or is expected to do so, when the generating station is constructed or extended), any capacity provided by the facility is to be disregarded for the purposes of determining whether the generating station is within subsection (2), (2A), (3), (3A) or (3B).
3D The construction or extension of a generating station is not within section 14(1)(a) to the extent that the generating station comprises or (when constructed or extended) is expected to comprise an exempt electricity storage facility.
4 An “offshore” generating station is a generating station that is—
a in waters in or adjacent to England F468... up to the seaward limits of the territorial sea, or
b in a Renewable Energy Zone, except the Welsh zone or any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.
5 "Welsh zone” has the meaning given in section 158 of the Government of Wales Act 2006.
6 In this section—
  • “electricity storage facility” means a facility which generates electricity from energy that—
    1. was converted from electricity by that facility, and
    2. is stored within that facility for the purpose of its future reconversion into electricity;
  • “exempt electricity storage facility” means an electricity storage facility which is not a pumped hydroelectric storage facility;
  • “pumped hydroelectric storage facility” means an electricity storage facility that stores the gravitational potential energy of water that has been pumped to a higher level so that its return to a lower level can be used to generate electricity.

I31416 Electric lines

1 The installation of an electric line above ground is within section 14(1)(b) only 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).
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 kilovolts, F16...
aa if the length of the line (when installed) will be less than two kilometres,
ab if—
i the line will replace an existing line,
ii the nominal voltage of the line is expected to be greater than the nominal voltage of the existing line (but see subsection (3A)),
iii the height above the surface of the ground of any support for the line will not exceed the height of the highest existing support or support which is being replaced by more than 10 per cent, and
iv where the line is to be installed in a different position from the existing line, the distance between any new support and the existing line will not exceed 60 metres and the existing line will be removed within twelve months from the date on which the installation of the line which replaces it is complete,
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 , or
c if section 37(1) of the Electricity Act 1989 (consent required for overhead lines) does not apply to it by virtue of the Overhead Lines (Exemption) (England and Wales) Regulations 2009 ( S.I. 2009/640 ), as amended by the Overhead Lines (Exempt Installations) (Consequential Provisions) Order 2010.
3A Paragraph (ab)(ii) of subsection (3) (condition that nominal voltage of line expected to be greater than nominal voltage of existing line) does not apply if any part of the line (when installed) will be within a European site or an SSSI.
3B The installation of an electric line above ground is not within section 14(1)(b) if the line is associated with the construction or extension of a devolved Welsh generating station granted planning permission or consented to on or after the day on which section 39 of the Wales Act 2017 comes into force and the nominal voltage of the line is expected to be no greater than 132 kilovolts.
3C “"Devolved Welsh generating station”” means a generating station that—
a is in Wales and—
i generates electricity from wind, or
ii has a capacity of 350 megawatts or less; or
b is in waters adjacent to Wales up to the seaward limits of the territorial sea or in the Welsh zone and has a capacity of 350 megawatts or less.
3D “"Welsh zone”” has the meaning given in section 158 of the Government of Wales Act 2006.
4 In this section—
  • “European site” has the same meaning as in the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);
  • “existing line” means an electric line which—
    1. has been installed or is kept installed above ground in accordance with a consent granted under section 37(1) of the Electricity Act 1989 or an order granting development consent; or
    2. has been installed above ground and is an electric line to which section 37(1) of the Electricity Act 1989 does not apply by virtue of—
      1. paragraph 5(4) or (5) of Schedule 17 to that Act, or
      2. the Overhead Lines (Exemption) (England and Wales) Regulations 2009 (S.I. 2009/640), as amended by the Overhead Lines (Exempt Installations) (Consequential Provisions) Order 2010;
  • “premises” includes any land, building or structure;
  • “SSSI” means a site of special scientific interest notified under sections 28 to 28D of the Wildlife and Countryside Act 1981.

I31517 Underground gas storage facilities

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
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 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 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.
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 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.
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—
    1. the facilities are filled to maximum capacity, and
    2. 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.
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.

I31618 LNG facilities

1 The construction of an LNG facility is within section 14(1)(d) only if (when 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.
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 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.
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—
    1. the facility is filled to maximum capacity, and
    2. 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 The storage capacity of an LNG facility is to be measured as if the gas were stored in regasified form.

I31719 Gas reception facilities

1 The construction of a gas reception facility is within section 14(1)(e) only if (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—
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—
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,
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.

I31820 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.
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.
4 The pipe-line must have a design operating pressure of more than 7 bar gauge.
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.
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).

I18121 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—
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
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.
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, 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.
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 authorisation under section 1(1) of the Pipe-lines Act 1962 (c. 58).
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 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.

Transport

22 Highways

1 Highway-related development is within section 14(1)(h) only if the development is—
a construction of a highway in a case within subsection (2),
b alteration of a highway in a case within subsection (3), or
c improvement of a highway in a case within subsection (5).
2 Construction of a highway is within this subsection only if—
a the highway will (when constructed) be wholly in England,
b the Secretary of State or a strategic highways company will be the highway authority for the highway, and
c the area of development is greater than the relevant limit set out in subsection (4).
3 Alteration of a highway is within this subsection only if—
a the highway is wholly in England,
b the Secretary of State or a strategic highways company is the highway authority for the highway, and
c the area of development is greater than the relevant limit set out in subsection (4).
4 For the purposes of subsections (2)(c) and (3)(c) the relevant limit —
a in relation to the construction or alteration of a motorway, is 15 hectares,
b in relation to the construction or alteration of a highway, other than a motorway, where the speed limit for any class of vehicle is expected to be 50 miles per hour or greater, is 12.5 hectares, and
c in relation to the construction or alteration of any other highway is 7.5 hectares.
5 Improvement of a highway is within this subsection only if—
a the highway is wholly in England,
b the Secretary of State or a strategic highways company is the highway authority for the highway, and
c the improvement is likely to have a significant effect on the environment.
6 Highway-related development does not fall within section 14(1)(h) if—
a an order mentioned in section 33(4) has been made in relation to the development before 1 March 2010,
b a further order is needed in relation to the development, and
c not more than 7 years have elapsed since the making of the earlier order.
7 Alteration of a highway is not within section 14(1)(h) if
a planning permission has been granted for a development,
b the alteration is necessary as a result of the development, and
c the developer has asked for the alteration to be made to the highway.
8 Alteration of a highway is not within section 14(1)(h) if—
a an order mentioned in section 33(4) has been made in relation to local highway works,
b the alteration is necessary as a result of the local highway works, and
c the local highway authority responsible for the local highway works has asked for the alteration to be made to the highway.
9 In this section—
  • “area of development” —
    1. in relation to construction of a highway, means the land on which the highway is to be constructed and any adjoining land expected to be used in connection with its construction;
    2. in relation to alteration of a highway, means the land on which the part of the highway to be altered is situated and any adjoining land expected to be used in connection with its alteration;
  • “local highway authority” has the meaning given by section 329(1) of the Highways Act 1980;
  • “local highway works” means works carried out by or on behalf of a local highway authority in relation to a highway for which it is the highway authority (and the local highway authority is referred to in this section as “responsible” for those works);
  • “motorway” means a highway which is a special road in accordance with section 16 of the Highways Act 1980.
  • “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.

I31923 Airports

1 Airport-related development is within section 14(1)(i) only if the development is—
a the construction of an airport in a case within subsection (2),
b the alteration of an airport in a case within subsection (4), or
c an increase in the permitted use of an airport in a case within subsection (7).
2 Construction of an airport is within this subsection only if (when constructed) the airport—
a will be in England or in English waters, and
b is expected to be capable of providing services which meet the requirements of subsection (3).
3 Services meet the requirements of this subsection if they are—
a air passenger transport services for at least 10 million passengers per year, or
b air cargo transport services for at least 10,000 air transport movements of cargo aircraft per year.
4 Alteration of an airport is within this subsection only if—
a the airport is in England or in English waters, and
b the alteration is expected to have the effect specified in subsection (5).
5 The effect is—
a to increase by at least 10 million per year the number of passengers for whom the airport is capable of providing air passenger transport services, or
b to increase by at least 10,000 per year the number of air transport movements of cargo aircraft for which the airport is capable of providing air cargo transport services.
6 “Alteration”, in relation to an airport, includes the construction, extension or alteration of—
a a runway at the airport,
b a building at the airport, or
c a radar or radio mast, antenna or other apparatus at the airport.
7 An increase in the permitted use of an airport is within this subsection only if—
a the airport is in England or in English waters, and
b the increase is within subsection (8).
8 An increase is within this subsection if—
a it is an increase of at least 10 million per year in the number of passengers for whom the airport is permitted to provide air passenger transport services, or
b it is an increase of at least 10,000 per year in the number of air transport movements of cargo aircraft for which the airport is permitted to provide air cargo transport services.
9 In this section—
  • “air cargo transport services” means services for the carriage by air of cargo;
  • “air passenger transport services” means services for the carriage by air of passengers;
  • “air transport movement” means a landing or take-off of an aircraft;
  • “cargo” includes mail;
  • “cargo aircraft” means an aircraft which is—
    1. designed to transport cargo but not passengers, and
    2. engaged in the transport of cargo on commercial terms;
  • “English waters” means waters adjacent to England up to the seaward limits of the territorial sea;
  • “permitted” means permitted by planning permission or development consent.

I32024 Harbour facilities

1 The construction of harbour facilities is within section 14(1)(j) only if (when constructed) the harbour facilities—
a will be—
i wholly or partly in England or in waters adjacent to England up to the seaward limits of the territorial sea, or
ii wholly in Wales or in waters adjacent to Wales up to the seaward limits of the territorial sea and will be, or will form part of, a reserved trust port, and
b are expected to be capable of handling the embarkation or disembarkation of at least the relevant quantity of material per year.
2 The alteration of harbour facilities is within section 14(1)(j) only if—
a the harbour facilities are—
i wholly or partly in England or in waters adjacent to England up to the seaward limits of the territorial sea, or
ii wholly in Wales or in waters adjacent to Wales up to the seaward limits of the territorial sea and are, or form part of, a reserved trust port, and
b the effect of the alteration is expected to be to increase by at least the relevant quantity per year the quantity of material the embarkation or disembarkation of which the facilities are capable of handling.
3 “The relevant quantity” is—
a in the case of facilities for container ships, 500,000 TEU;
b in the case of facilities for ro-ro ships, 250,000 units;
c in the case of facilities for cargo ships of any other description, 5 million tonnes;
d in the case of facilities for more than one of the types of ships mentioned in paragraphs (a) to (c), an equivalent quantity of material.
4 For the purposes of subsection (3)(d), facilities are capable of handling an equivalent quantity of material if the sum of the relevant fractions is one or more.
5 The relevant fractions are—
a to the extent that the facilities are for container ships—
x500,000
where x is the number of TEU that the facilities are capable of handling;
b to the extent that the facilities are for ro-ro ships—
y250,000
where y is the number of units that the facilities are capable of handling;
c to the extent that the facilities are for cargo ships of any other description—
z5,000,000
where z is the number of tonnes of material that the facilities are capable of handling.
6 In this section—
  • “cargo ship” means a ship which is used for carrying cargo;
  • “container ship” means a cargo ship which carries all or most of its cargo in containers;
  • “reserved trust port” has the meaning given in section 32 of the Wales Act 2017;
  • “ro-ro ship” means a ship which is used for carrying wheeled cargo;
  • “TEU” means a twenty-foot equivalent unit;
  • “unit” in relation to a ro-ro ship means any item of wheeled cargo (whether or not self-propelled).

I3I32125 Railways

1 Construction of a railway is within section 14(1)(k) only if—
a the railway will (when constructed) be wholly in England,
b the railway will (when constructed) be part of a network operated by an approved operator,
ba the railway will (when constructed) include a stretch of track that—
i is a continuous length of more than 2 kilometres, and
ii is not on land that was operational land of a railway undertaker immediately before the construction work began or is on land that was acquired at an earlier date for the purpose of constructing the railway, and
c the construction of the railway is not permitted development.
2 Alteration of a railway is within section 14(1)(k) only if—
a the part of the railway to be altered is wholly in England,
b the railway is part of a network operated by an approved operator,
ba the alteration of the railway will include laying a stretch of track that—
i is a continuous length of more than 2 kilometres, and
ii is not on land that was operational land of a railway undertaker immediately before the alteration work began or is on land that was acquired at an earlier date for the purpose of the alteration, and
c the alteration of the railway is not permitted development.
2A Construction or alteration of a railway is not within section 14(1)(k) to the extent that it takes place on the operational land of a railway undertaker unless that land was acquired for the purpose of the construction or alteration.
3 Construction or alteration of a railway is not within section 14(1)(k) to the extent that the railway forms part (or will when constructed form part) of a rail freight interchange.
4 “Approved operator” means a person who meets the conditions in subsections (5) and (6).
5 The condition is that the person must be—
a a person who is authorised to be the operator of a network by a licence granted under section 8 of the Railways Act 1993 (c. 43) (licences for operation of railway assets), or
b a wholly-owned subsidiary of a company which is such a person.
6 The condition is that the person is designated, or is of a description designated, in an order made by the Secretary of State.
7 In this section—
  • “network” has the meaning given by section 83(1) of the Railways Act 1993 (c. 43);
  • “operational land” has the same meaning as in the TCPA 1990;
  • “permitted development” means development in relation to which planning permission is granted by article 3 of the Town and Country Planning (General Permitted Development) Order 1995;
  • “railway undertaker” has the same meaning as in Part 17 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995;
  • “wholly-owned subsidiary” has the same meaning as in the Companies Act 2006 (c. 46) (see section 1159 of that Act).
8 In the definition of “permitted development” in subsection (7), the reference to the Town and Country Planning (General Permitted Development) Order 1995 is to that Order as it has effect immediately before the day on which this section comes fully into force.

I32226 Rail freight interchanges

1 The construction of a rail freight interchange is within section 14(1)(l) only if (when constructed) each of the conditions in subsections (3) to (7) is expected to be met in relation to it.
2 The alteration of a rail freight interchange is within section 14(1)(l) only if—
a following the alteration, each of the conditions in subsections (3)(a) and (4) to (7) is expected to be met in relation to it, and
b the alteration is expected to have the effect specified in subsection (8).
3 The land on which the rail freight interchange is situated must—
a be in England, and
b be at least 60 hectares in area.
4 The rail freight interchange must be capable of handling—
a consignments of goods from more than one consignor and to more than one consignee, and
b at least 4 goods trains per day.
5 The rail freight interchange must be part of the railway network in England.
6 The rail freight interchange must include warehouses to which goods can be delivered from the railway network in England either directly or by means of another form of transport.
7 The rail freight interchange must not be part of a military establishment.
8 The effect referred to in subsection (2)(b) is to increase by at least 60 hectares the area of the land on which the rail freight interchange is situated.
9 In this section—
  • “goods train” means a train that (ignoring any locomotive) consists of items of rolling stock designed to carry goods;
  • “military establishment” means an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.
10 The following terms have the meanings given by section 83(1) of the Railways Act 1993—
  • “network”;
  • “rolling stock”;
  • “train”.

Water

I39527 Dams and reservoirs

1 The construction of a dam or reservoir is within section 14(1)(m) only if—
a the dam or reservoir (when constructed) will be in England,
b the construction will be carried out by , or by a person appointed by, one or more water undertakers, and
c it is expected that—
i the volume of water to be held back by the dam or stored in the reservoir will exceed 30 million cubic metres, or
ii the deployable output of the dam or reservoir will exceed 80 million litres per day.
2 The alteration of a dam or reservoir is within section 14(1)(m) only if—
a the dam or reservoir is in England,
b the alteration will be carried out by , or by a person appointed by, one or more water undertakers, and
c it is expected that—
i the additional volume of water to be held back by the dam or stored in the reservoir as a result of the alteration will exceed 30 million cubic metres, or
ii the additional deployable output of the dam or reservoir as a result of the alteration will exceed 80 million litres per day.
3 “Water undertaker” means a company appointed as a water undertaker under the Water Industry Act 1991 (c. 56).
4 In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.

I39628 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 , or by a person appointed by, one or more water undertakers,
b it is expected that—
i the deployable output of the facility to be constructed as a result of the development will exceed 80 million litres per day, or
ii the additional deployable output of the facility to be altered as a result of the development will exceed 80 million litres per day,
c the development will enable the transfer of water resources—
i between river basins in England,
ii between water undertakers' areas in England, or
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;
  • “water undertaker” means a company appointed as a water undertaker under the Water Industry Act 1991;
  • “water undertaker's area” means the area for which a water undertaker is appointed under that Act.
3 In this section, the reference to “a person appointed by” a water undertaker includes a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.

28A Desalination plants

1 The construction of a desalination plant is within section 14(1)(na) only if—
a the desalination plant (when constructed) will be in England or in waters adjacent to England up to the seaward limits of the territorial sea,
b the construction will be carried out by , or by a person appointed by, one or more water undertakers, and
c the deployable output of the desalination plant is expected to exceed 80 million litres per day.
2 The alteration of a desalination plant is within section 14(1)(na) only if—
a the desalination plant is in England or in waters adjacent to England up to the seaward limits of the territorial sea,
b the alteration will be carried out by or by a person appointed by, one or more water undertakers, and
c the additional deployable output of the desalination plant as a result of the alteration is expected to exceed 80 million litres per day.
3 “Water undertaker” means a company appointed as a water undertaker under the Water Industry Act 1991.
4 In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.

Waste water

I34529 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 500,000.
1A The construction of infrastructure for the transfer or storage of waste water is within section 14(1)(o) only if —
a the works will be carried out wholly in England and the infrastructure will (when constructed) be wholly in England,
b the main purpose of the infrastructure will be—
i the transfer of waste water for treatment, or
ii the storage of waste water prior to treatment,
or both, and
c the infrastructure is expected to have a capacity for the storage of waste water exceeding 350,000 cubic metres.
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 population equivalent of 500,000 the capacity of the plant.
2A The alteration of infrastructure for the transfer or storage of waste water is within section 14(1)(o) only if—
a the works will be carried out wholly in England and the part of the infrastructure to be altered is wholly in England,
b the main purpose of the infrastructure is —
i the transfer of waste water for treatment, or
ii the storage of waste water prior to treatment,
or both, and
c the effect of the alteration is expected to be to increase the capacity of the infrastructure for the storage of waste water by more than 350,000 cubic metres.
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. 1994/2841)—
  • “domestic waste water”;
  • “industrial waste water”;
  • “population equivalent”;
  • “urban waste water”.

Waste

I34730 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,
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 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 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 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 regulations)—
  • “disposal”;
  • “hazardous waste”;
  • “recovery”.
6 “Deep storage facility” means a facility for the storage of waste underground in a deep geological cavity.

30A Radioactive waste geological disposal facilities

1 A radioactive waste geological disposal facility means a facility which meets the conditions in subsection (2).
2 The conditions are that—
a the main purpose of the facility is expected to be the final disposal of radioactive waste,
b the part of the facility where radioactive waste is to be disposed of is expected to be constructed at a depth of at least 200 metres beneath the surface of the ground or seabed, and
c the natural environment which surrounds the facility is expected to act, in combination with any engineered measures, to inhibit the transit of radionuclides from the part of the facility where radioactive waste is to be disposed of to the surface.
3 Development is within section 14(1)(q) only if the development is within subsection (4) or (6) of this section.
4 Development is within this subsection if—
a it is the construction of one or more boreholes, and the carrying out of any associated excavation, construction or building work,
b the borehole or boreholes will be constructed, and any associated excavation, construction or building work will be carried out, in England or waters adjacent to England up to the seaward limits of the territorial sea, and
c the conditions in subsection (5) are met in relation to each borehole.
5 The conditions are that—
a the borehole is expected to be constructed to a depth of at least 150 metres beneath the surface of the ground or seabed, and
b the main purpose of constructing the borehole is to obtain information, data or samples to determine the suitability of a site for the construction or use of a radioactive waste geological disposal facility.
6 Development is within this subsection if—
a it is the construction of a radioactive waste geological disposal facility, and
b the facility (when constructed) will be in England or waters adjacent to England up to the seaward limits of the territorial sea.
7 In this section—
  • “disposal” in relation to radioactive waste means emplacement in an appropriate facility without the intention to retrieve;
  • “radioactive waste” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (see paragraph 3(1) of Part 2 of Schedule 23 to those regulations).

Part 4 Requirement for development consent

I18231 When development consent is required

Consent under this Act (“development consent”) is required for development to the extent that the development is or forms part of a nationally significant infrastructure project.

I18332 Meaning of “development”

1 In this Act (except in Part 11) “development” has the same meaning as it has in TCPA 1990.This is subject to subsections (2) and (3).
2 For the purposes of this Act (except Part 11)—
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 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 (except Part 11) the following works are taken to be development (to the extent that they would not be otherwise)—
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 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;
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;
  • “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 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 (c. 46);
  • “tipping operations” has the meaning given by section 61(1) of that Act.

I18433 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—
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);
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);
d authorisation by an order under section 4(1) of the Gas Act 1965 (c. 36) (storage of gas in underground strata);
F370e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C56f to the extent that the development relates to land in England, consent under section 2(3) or 3 of the Ancient Monuments and Archaeological Areas Act 1979;
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;
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;
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 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.).
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—
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);
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 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 (c. 22) (toll orders).
5 The Secretary of State may by order—
a amend subsection (1) or (2)—
i to add or remove a type of consent, or
ii to vary the cases in relation to which a type of consent is within that subsection;
b make further provision, or amend or repeal provision, about—
i the types of consent that are, and are not, within subsection (1) or (2), or
ii the cases in relation to which a type of consent is, or is not, within either of those subsections.
6 In this section “consent” means—
a a consent or authorisation that is required, under legislation, to be obtained for development,
b a consent, or authorisation, that—
i may authorise development, and
ii is given under legislation, or
c a notice that is required by legislation to be given in relation to development.
7 In subsection (6) “legislation” means an Act or an instrument made under an Act.
8 An order under subsection (5) may not affect—
a a requirement for a devolved consent to be obtained for, or given in relation to, development, or
b whether development may be authorised by a devolved consent.
9 A consent is “devolved” for the purposes of subsection (8) if—
a provision for the consent would be within the legislative competence of the National Assembly for Wales if the provision were contained in an Act of the Assembly,
b provision for the consent is, or could be, made by the Welsh Ministers in an instrument made under an Act,
c the consent is not within subsection (6)(c) and the Welsh Ministers have a power or duty—
i to decide, or give directions as to how to decide, whether the consent is given,
ii to decide, or give directions as to how to decide, some or all of the terms on which the consent is given, or
iii to revoke or vary the consent, or
d the consent is within subsection (6)(c) and the notice has to be given to the Welsh Ministers or otherwise brought to their attention.
10 An order under subsection (5)(b) may amend this Act.

I18534 Welsh offshore generating stations

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.
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.

I18635 Directions in relation to projects of national significance

1 The Secretary of State may give a direction for development to be treated as development for which development consent is required.This is subject to the following provisions of this section and section 35ZA.
2 The Secretary of State may give a direction under subsection (1) only if—
a the development is or forms part of—
i a project (or proposed project) in the field of energy, transport, water, waste water or waste, or
ii a business or commercial project (or proposed project) of a prescribed description,
b the development will (when completed) be wholly in one or more of the areas specified in subsection (3), and
c the Secretary of State thinks the project (or proposed project) is of national significance, either by itself or when considered with—
i in a case within paragraph (a)(i), one or more other projects (or proposed projects) in the same field;
ii in a case within paragraph (a)(ii), one or more other business or commercial projects (or proposed projects) of a description prescribed under paragraph (a)(ii).
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 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 under subsection (1) only with the consent of the Mayor of London if—
a all or part of the development is or will be in Greater London, and
b the development is or forms part of a business or commercial project (or proposed project) of a description prescribed under subsection (2)(a)(ii).
5 Regulations under subsection (2)(a)(ii) may not prescribe a description of project which includes the construction of one or more dwellings.

35ZA Directions under sections 35: procedural matters

1 The power in section 35(1) to give a direction in a case within section 35(2)(a)(i) (projects in the field of energy etc) is exercisable only in response to a qualifying request if no application for a consent or authorisation mentioned in section 33(1) or (2) has been made in relation to the development to which the request relates.
2 The power in section 35(1) to give a direction in a case within section 35(2)(a)(ii) (business or commercial projects of prescribed description) is exercisable only in response to a qualifying request made by one or more of the following—
a a person who proposes to carry out any of the development to which the request relates;
b a person who has applied, or proposes to apply, for a consent or authorisation mentioned in section 33(1) or (2) in relation to any of that development;
c a person who, if a direction under section 35(1) is given in relation to that development, proposes to apply for an order granting development consent for any of that development.
3 If the Secretary of State gives a direction under section 35(1) in relation to development, the Secretary of State may—
a if an application for a consent or authorisation mentioned in section 33(1) or (2) has been made in relation to the development, direct the application to be treated as an application for an order granting development consent;
b if a person proposes to make an application for such a consent or authorisation in relation to the development, direct the proposed application to be treated as a proposed application for development consent.
4 A direction under section 35(1), or subsection (3) of this section, may be given so as to apply for specified purposes or generally.
5 A direction under subsection (3) may provide for specified provisions of or made under this or any other Act—
a to have effect in relation to the application, or proposed application, with any specified modifications, or
b to be treated as having been complied with in relation to the application or proposed application.
6 If the Secretary of State gives a direction under subsection (3), the relevant authority must refer the application, or proposed application, to the Secretary of State instead of dealing with it themselves.
7 If the Secretary of State is considering whether to give a direction under subsection (3), the Secretary of State may direct the relevant authority to take no further action in relation to the application, or proposed application, until the Secretary of State has decided whether to give the direction.
8 The Secretary of State may require an authority within subsection (9) to provide any 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 section 35(1), and
b the terms in which such a direction should be given.
9 An authority is within this subsection if an application for a consent or authorisation mentioned in section 33(1) or (2) in relation to the development has been, or may be, made to it.
10 If the Secretary of State decides to give a direction under section 35(1), the Secretary of State must give reasons for the decision.
11 In this section—
  • “qualifying request” means a written request, for a direction under section 35(1) or subsection (3) of this section, that—
    1. specifies the development to which it relates, and
    2. explains why the conditions in section 35(2)(a) and (b) are met in relation to the development;
  • “relevant authority”—
    1. in relation to an application for a consent or authorisation mentioned in section 33(1) or (2) that has been made, means the authority to which the application was made, and
    2. in relation to such an application that a person proposes to make, means the authority to which the person proposes to make the application.

35A Timetable for deciding request for direction under section 35

1 This section applies if the Secretary of State receives a qualifying request from a person (“R”).
2 The Secretary of State must make a decision on the qualifying request before the primary deadline, subject to subsection (3).
3 Subsection (2) does not apply if, before the primary deadline, the Secretary of State asks R to provide the Secretary of State with information for the purpose of enabling the Secretary of State to decide—
a whether to give the direction requested, and
b the terms in which it should be given.
4 If R—
a is asked under subsection (3) to provide information, and
b provides the information sought within the period of 14 days beginning with the day on which R is asked to do so,
the Secretary of State must make a decision on the qualifying request before the end of the period of 28 days beginning with the day the Secretary of State receives the information.
5 In this section—
  • “the primary deadline” means the end of the period of 28 days beginning with the day on which the Secretary of State receives the qualifying request;
  • “qualifying request” has the meaning given by section 35ZA(11) .

I11536 Amendments consequential on development consent regime

Schedule 2 makes amendments consequential on the development consent regime.

Part 5 Applications for orders granting development consent

Chapter 1 Applications

I9237 Applications for orders granting development consent

1 An order granting development consent may be made only if an application is made for it.
2 An application for an order granting development consent must be made to the Secretary of State.
3 An application for an order granting development consent must, so far as necessary to secure that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory —
a specify the development to which it relates,
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 description.
4 The Secretary of State may give guidance about how the requirements under subsection (3) are to be complied with.
5 The Secretary of State 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 Secretary of State must publish, in such manner as the Secretary of State 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 giving details of—
a what has been done in compliance with sections 42, 47 and 48 in relation to a proposed application that has become the application,
b any relevant responses, and
c the account taken of any relevant responses.
8 In subsection (7) “relevant response” has the meaning given by section 49(3).

F12238 Model provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I9339 Register of applications

1 The Secretary of State is to maintain a register of applications received by the Secretary of State for orders granting development consent (“the register”).
2 Where the Secretary of State receives an application for an order granting development consent, the Secretary of State must cause details of the application to be entered in the register.
3 The Secretary of State must publish the register or make arrangements for inspection of the register by the public.
4 The Secretary of State must make arrangements for inspection by the public of—
a applications received by the Secretary of State for orders granting development consent,
b consultation reports received by the Secretary of State under section 37(3)(c), and
c accompanying documents and information received by the Secretary of State under section 37(3)(d).

I9440 Applications by the Crown for orders granting development consent

1 This section applies to an application for an order granting development consent made by or on behalf of the Crown.
2 The Secretary of State may by regulations modify or exclude any statutory provision relating to—
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.
3 A statutory provision is a provision contained in or having effect under this Act or any other enactment.

Chapter 2 Pre-application procedure

I9541 Chapter applies before application is made

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 subsection (1);
  • “the land” means the land to which the proposed application relates or any part of that land;
  • “the proposed development” means the development for which the proposed application (if made) would seek development consent.

I4I9642 Duty to consult

1 The applicant must consult the following about the proposed application—
a such persons as may be prescribed,
aa the Marine Management Organisation, in any case where the proposed development would affect, or would be likely to affect, any of the areas specified in subsection (2),
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 section 44.
2 The areas 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.

I9743 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”),
aa B is a unitary council or a lower-tier district council, and
b any part of the boundary of A's area is also a part of the boundary of B's area.
2A If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—
a D is not a lower-tier district council, and
b any part of the boundary of D's area is also part of the boundary of C's area.
3 In this section—
  • “local authority” means—
    1. a county council, or district council, in England;
    2. a London borough council;
    3. the Common Council of the City of London;
    4. the Council of the Isles of Scilly;
    5. a county council, or county borough council, in Wales;
    6. a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;
    7. a National Park authority;
    8. the Broads Authority;
  • “lower-tier district council” means a district council in England for an area for which there is a county council;
  • “unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;
  • “upper-tier county council” means a county council in England for each part of whose area there is a district council.

I9844 Categories for purposes of section 42(1)(d)

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, knows that the person—
a is interested in the land, or
b has power—
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 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—
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).
5 A person is within Category 3 only if the person is known to the applicant after making diligent inquiry.
6 In subsection (4) “relevant claim” means—
a a claim under section 10 of the Compulsory Purchase Act 1965 (c. 56) (compensation where satisfaction not made for the taking, or injurious 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);
c a claim under section 152(3).

I9945 Timetable for consultation under section 42

1 The applicant must, when consulting a person under section 42, notify the person of the deadline for the receipt by the applicant of the person's response to the consultation.
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 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.

I10046 Duty to notify Secretary of State of proposed application

1 The applicant must supply the Secretary of State with such information in relation to the proposed application as the applicant would supply to the Secretary of State for the purpose of complying with section 42 if the applicant were required by that section to consult the Secretary of State about the proposed application.
2 The applicant must comply with subsection (1) on or before commencing consultation under section 42.

I5I10147 Duty to consult local community

1 The applicant must prepare a statement setting out how the applicant proposes to consult, about the proposed application, people living in the vicinity of the land.
2 Before preparing the statement, the applicant must consult each local authority that is within section 43(1) about what is to be in the statement.
3 The deadline for the receipt by the applicant of a local authority's response to consultation under subsection (2) is the end of the period of 28 days that begins with the day after the day on which the local authority receives the consultation documents.
4 In subsection (3) “the consultation documents” means the documents supplied to the local authority by the applicant for the purpose of consulting the local authority under subsection (2).
5 In preparing the statement, the applicant must have regard to any response to consultation under subsection (2) that is received by the applicant before the deadline imposed by subsection (3).
6 Once the applicant has prepared the statement, the applicant must—
za make the statement available for inspection by the public in a way that is reasonably convenient for people living in the vicinity of the land,
a publish, in a newspaper circulating in the vicinity of the land, a notice stating where and when the statement can be inspected, and
b publish the statement in such manner as may be prescribed.
7 The applicant must carry out consultation in accordance with the proposals set out in the statement.

I6I10248 Duty to publicise

1 The applicant must publicise the proposed application in the prescribed manner.
2 Regulations made for the purposes of subsection (1) must, in particular, make provision for publicity under subsection (1) to include a deadline for receipt by the applicant of responses to the publicity.

I10349 Duty to take account of responses to consultation and publicity

1 Subsection (2) applies where the applicant—
a has complied with sections 42, 47 and 48, and
b proposes to go ahead with making an application for an order granting development consent (whether or not in the same terms as the proposed application).
2 The applicant must, when deciding whether the application that the applicant is actually to make should be in the same terms as the proposed application, have regard to any relevant responses.
3 In subsection (2) “relevant response” means—
a a response from a person consulted under section 42 that is received by the applicant before the deadline imposed by section 45 in that person's case,
b a response to consultation under section 47(7) that is received by the applicant before any applicable deadline imposed in accordance with the statement prepared under section 47, or
c a response to publicity under section 48 that is received by the applicant before the deadline imposed in accordance with section 48(2) in relation to that publicity.

I10450 Guidance about pre-application procedure

1 Guidance may be issued about how to comply with the requirements of this Chapter.
2 Guidance under this section may be issued by F136... the Secretary of State.
3 The applicant must have regard to any guidance under this section.

Chapter 3 Assistance for applicants and others

I7I10551 Advice for potential applicants and others

1 This section applies to advice about—
a applying for an order granting development consent;
b making representations about an application, or a proposed application, for such an order.
3 The Secretary of State may by regulations make provision about the giving of advice to which this section applies.
4 In particular, regulations under subsection (3) may make provision that has the effect that—
a a request for advice made by an applicant, potential applicant or other person, or
b advice given to an applicant, potential applicant or other person,
must be, or may be, disclosed by the Secretary of State to other persons or to the public generally.

I10652 Obtaining information about interests in land

1 Where a person is applying, or proposes to apply, for an order granting development consent, subsections (2) and (2A) apply for the purpose of enabling the person (“the applicant”) to comply with provisions of, or made under, Chapter 2 of this Part or Chapter 1 of Part 6.
2 The Secretary of State may authorise the applicant to serve a notice on a person mentioned in subsection (3) requiring the person (“the recipient”) to give to the applicant in writing the name and address of any person the recipient believes is one or more of the following—
a an owner, lessee, tenant (whatever the tenancy period) or occupier of the land;
b a person interested in the land;
c a person having power—
i to sell and convey the land, or
ii to release the land.
2A The Secretary of State may authorise the applicant to serve a notice on a person mentioned in subsection (3) requiring the person (“the recipient”) to give to the applicant in writing the name and address of any person the recipient believes is a person who, if the order sought by the application or proposed application were to be made and fully implemented, would or might be entitled—
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 the use of the land once the order has been implemented,
to make a relevant claim.
3 The persons are—
a an occupier of the land;
b a person who has an interest in the land as freeholder, mortgagee or lessee;
c a person who directly or indirectly receives rent for the land;
d a person who, in pursuance of an agreement between that person and a person interested in the land, is authorised to manage the land or to arrange for the letting of it.
4 A notice under subsection (2) or (2A) must—
a be in writing,
b state that the Secretary of State has authorised the applicant to serve the notice,
c specify or describe the land to which the application, or proposed application, relates,
d specify the deadline by which the recipient must give the required information to the applicant, and
e draw attention to the provisions in subsections (6) to (9).
5 A deadline specified under subsection (4)(d) in a notice must not be earlier than the end of the 14 days beginning with the day after the day on which the notice is served on the recipient of the notice.
5A A notice under subsection (2A) must explain the circumstances in which a person would or might be entitled as mentioned in that subsection.
6 A person commits an offence if the person fails without reasonable excuse to comply with a notice under subsection (2) or (2A) served on the person.
7 A person commits an offence if, in response to a notice under subsection (2) or (2A) served on the person—
a the person gives information which is false in a material particular, and
b when the person does so, the person knows or ought reasonably to know that the information is false.
8 If an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
a a director, manager, secretary or other similar officer of the body,
b a person purporting to act in any such capacity, or
c in a case where the affairs of the body are managed by its members, a member of the body,
that person, as well as the body, is guilty of that offence and liable to be proceeded against accordingly.
9 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
10 In subsections (2) to (3) “the land” means—
a the land to which the application, or proposed application, relates, or
b any part of that land.
11 Any other expression that appears in either of paragraphs (b) and (c) of subsection (2) and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has in those paragraphs the meaning that it has in section 5(1) of that Act.
12 In subsection (3) as it applies for the purposes of subsection (2A) “the land” also includes any relevant affected land (see subsection (13)).
13 Where the applicant believes that, if the order sought by the application or proposed application were to be made and fully implemented, there would or might be persons entitled—
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 the use of the land once the order has been implemented,
to make a relevant claim in respect of any land or in respect of an interest in any land, that land is “relevant affected land” for the purposes of subsection (12).
14 In this section “relevant claim” means—
a a claim under section 10 of the Compulsory Purchase Act 1965 (compensation where satisfaction not made for compulsory purchase of land or not made for injurious affection resulting from compulsory purchase);
b a claim under Part 1 of the Land Compensation Act 1973 (compensation for depreciation of land value by physical factors caused by use of public works);
c a claim under section 152(3).

I10753 Rights of entry

1 Any person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of surveying and taking levels of it, or in order to facilitate compliance with the provisions mentioned in subsection (1A), in connection with—
a an application for an order granting development consent, whether in relation to that or any other land, that has been accepted by the Secretary of State,
b a proposed application for an order granting development consent, or
c an order granting development consent that includes provision authorising the compulsory acquisition of that land or of an interest in it or right over it.
1A Those provisions are any provision of or made under an Act for the purpose of implementing—
a Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended from time to time,
b Council Directive 92/43/EC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended from time to time, or
c any EU instrument from time to time replacing all or any part of either of those Directives.
2 Authorisation may be given by the Secretary of State under subsection (1)(b) in relation to any land only if it appears to the Secretary of State that—
a the proposed applicant is considering a distinct project of real substance genuinely requiring entry onto the land,
F149b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F149c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Subject to subsections (9) and (10), power conferred by subsection (1) to survey land includes power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals or other matter in it.
3A Power conferred by subsection (1) for the purpose of complying with the provisions mentioned in subsection (1A) includes power to take, and process, samples of or from any of the following found on, in or over the land—
a water,
b air,
c soil or rock,
d its flora,
e bodily excretions, or dead bodies, of non-human creatures, or
f any non-living thing present as a result of human action.
4 A person authorised under subsection (1) to enter any land—
a must, if so required, produce evidence of the person's authority, and state the purpose of the person's entry, before so entering,
b may not demand admission as of right to any land which is occupied unless 14 days' notice of the intended entry has been given to the occupier, and
c must comply with any other conditions subject to which the Secretary of State's authorisation is given.
5 A person commits an offence if the person wilfully obstructs a person acting in the exercise of power under subsection (1).
6 A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
7 Where any damage is caused to land or chattels—
a in the exercise of a right of entry conferred under subsection (1), or
b in the making of any survey for the purpose of which any such right of entry has been conferred,
compensation may be recovered by any person suffering the damage from the person exercising the right of entry.
8 Any question of disputed compensation under subsection (7) must be referred to and determined by the Upper Tribunal.
9 No person may carry out under subsection (1) any works authorised by virtue of subsection (3) unless notice of the person's intention to do so was included in the notice required by subsection (4)(b).
10 The authority of the appropriate Minister is required for the carrying out under subsection (1) of works authorised by virtue of subsection (3) if—
a the land in question is held by statutory undertakers, and
b they object to the proposed works on the ground that execution of the works would be seriously detrimental to the carrying-on of their undertaking.
11 In subsection (10)—
  • “the appropriate Minister” means—
    1. in the case of land in Wales held by water or sewerage undertakers, the Welsh Ministers, and
    2. in any other case, the Secretary of State;
  • “statutory undertakers” means persons who are, or who are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of TCPA 1990.

I10854 Rights of entry: Crown land

1 Subsections (1) to (3A) of section 53 apply to Crown land subject to subsections (2) and (3) of this section.
2 A person must not enter Crown land unless the person (“P”) has the permission of—
a a person appearing to P to be entitled to give it, or
b the appropriate Crown authority.
3 In section 53(3), the words “Subject to subsections (9) and (10)” must be ignored.
4 Subsections (4) to (6) and (9) to (11) of section 53 do not apply to anything done by virtue of subsections (1) to (3) of this section.

Chapter 4 Fees

54A Power to provide for fees for certain services in relation to nationally significant infrastructure projects

1 The Secretary of State may make regulations for and in connection with the charging of fees 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 in connection with—
a an application or proposed application—
i for an order granting development consent, or
ii to make a change to, or revoke, such an order, or
b any other prescribed matter relating to nationally significant infrastructure projects.
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 who 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 public authority prescribed under subsection (1) to withhold a relevant service that they 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 public authority prescribed under subsection (1) must have regard to any guidance published by the Secretary of State in relation to the exercise of its functions under the regulations.
5 In this section, “public authority” means any person certain of whose functions are of a public nature.

Part 6 Deciding applications for orders granting development consent

Chapter 1 Handling of application by Commission

I18755 Acceptance of applications

1 The following provisions of this section apply where the Secretary of State receives an application that purports to be an application for an order granting development consent.
2 The Secretary of State must, by the end of the period of 28 days beginning with the day after the day on which the Secretary of State receives the application, decide whether or not to accept the application.
3 The Secretary of State may accept the application only if the Secretary of State concludes—
a that it is an application for an order granting development consent,
F157b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c that development consent is required for any of the development to which the application relates,
F156d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e that the applicant has, in relation to a proposed application that has become the application, complied with Chapter 2 of Part 5 (pre-application procedure), and
f that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory.
4 The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(e), must have regard to—
a the consultation report received under section 37(3)(c),
b any adequacy of consultation representation received by the Secretary of State from a local authority consultee, and
c the extent to which the applicant has had regard to any guidance issued under section 50.
5 In subsection (4)—
  • “local authority consultee” means—
    1. a local authority consulted under section 42(1)(b) about a proposed application that has become the application, or
    2. the Greater London Authority if consulted under section 42(1)(c) about that proposed application;
  • “adequacy of consultation representation” means a representation about whether the applicant complied, in relation to that proposed application, with the applicant's duties under sections 42, 47 and 48.
5A The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(f), must have regard to the extent to which—
a the application complies with the requirements in section 37(3) (form and contents of application) and any standards set under section 37(5), and
b any applicable guidance given under section 37(4) has been followed in relation to the application.
6 If the Secretary of State accepts the application, the Secretary of State must notify the applicant of the acceptance.
7 If the Secretary of State is of the view that the application cannot be accepted, the Secretary of State must—
a notify that view to the applicant, and
b notify the applicant of the Secretary of State's reasons for that view.
8 If in response the applicant modifies (or further modifies) the application, subsections (2) to (7) then apply in relation to the application as modified.

I8I10956 Notifying persons of accepted application

1 Subsections (2), (6) and (7) apply where the Secretary of State accepts an application for an order granting development consent.
2 The applicant must give notice of the application to—
a such persons as may be prescribed,
aa the Marine Management Organisation, in any case where the development for which the application seeks development consent would involve the carrying on of any activity in one or more of the areas specified in subsection (2A),
b each local authority that is within section 56A,
c the Greater London Authority if the land to which the application relates, or any part of it, is in Greater London, and
d each person who is within one or more of the categories set out in section 57.
2A The areas 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.
3 Notice under subsection (2) must be in such form and contain such matter, and be given in such manner, as may be prescribed.
4 The applicant must, when giving notice to a person under subsection (2), notify the person of the deadline for receipt by the Secretary of State of representations giving notice of the person's interest in, or objection to, the application.
5 A deadline notified under subsection (4) 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 receives the notice.
6 The applicant must make available, to each person to whom notice is given under subsection (2), a copy of—
a the application, and
b the documents and information that were required by section 37(3)(d) to accompany the application.
7 The applicant must publicise the application in the prescribed manner.
8 Regulations made for the purposes of subsection (7) must, in particular, make provision for publicity under subsection (7) to include a deadline for receipt by the Secretary of State of representations giving notice of persons' interests in, or objections to, the application.
9 A deadline specified in accordance with subsection (8) does not apply to a person to whom notice is given under subsection (2).

56A Local authorities for the purposes of sections 56(2)(b) and 60(2)(a)

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”),
b B is a unitary council or a lower-tier district council, and
c any part of the boundary of A's area is also a part of the boundary of B's area.
3 If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—
a D is not a lower-tier district council, and
b any part of the boundary of D's area is also part of the boundary of C's area.
4 In this section—
  • “the land” means the land to which the application concerned relates or any part of that land;
  • “local authority” has the meaning given in section 102(8);
  • “lower-tier district council” means a district council in England for an area for which there is a county council;
  • “unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;
  • “upper-tier county council” means a county council in England for each part of whose area there is a district council.

I11057 Categories for purposes of section 56(2)(d)

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, knows that the person—
a is interested in the land, or
b has power—
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 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 application were to be made and fully implemented, the person would or might be entitled—
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).
5 A person is within Category 3 only if the person is known to the applicant after making diligent inquiry.
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 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);
c a claim under section 152(3).
7 In this section “the land” means the land to which the application relates or any part of that land.

I11158 Certifying compliance with section 56

1 Subsection (2) applies where—
a the Secretary of State has accepted an application for an order granting development consent, and
b the applicant has complied with section 56 in relation to the application.
2 The applicant must, in such form and manner as may be prescribed, certify to the Secretary of State that the applicant has complied with section 56 in relation to the application.
3 A person commits an offence if the person issues a certificate which—
a purports to be a certificate under subsection (2), and
b contains a statement which the person knows to be false or misleading in a material particular.
4 A person commits an offence if the person recklessly issues a certificate which—
a purports to be a certificate under subsection (2), and
b contains a statement which is false or misleading in a material particular.
5 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6 A magistrates' court may try an information relating to an offence under this section whenever laid.
7 Section 127 of the Magistrates' Courts Act 1980 (c. 43) has effect subject to subsection (6) of this section.

I9I11259 Notice of persons interested in land to which compulsory acquisition request relates

1 This section applies where—
a the Secretary of State has accepted an application for an order granting development consent, and
b the application includes a request for an order granting development consent to authorise compulsory acquisition of land or of an interest in or right over land (a “compulsory acquisition request”).
2 The applicant must give to the Secretary of State a notice specifying the names, and such other information as may be prescribed, of each affected person.
3 Notice under subsection (2) must be given in such form and manner as may be prescribed.
4 A person is an “affected person” for the purposes of this section if the applicant, after making diligent inquiry, knows that the person is interested in the land to which the compulsory acquisition request relates or any part of that land.

I18860 Local impact reports

1 Subsection (2) applies where the Secretary of State —
a has accepted an application for an order granting development consent, and
b has received—
i a certificate under section 58(2) in relation to the application, and
ii where section 59 applies, a notice under that section in relation to the application.
2 The Secretary of State must give notice in writing to each of the following, inviting them to submit a local impact report to the Secretary of State —
a each local authority that is within section 56A, and
b the Greater London Authority if the land to which the application relates, or any part of it, is in Greater London.
3 A “local impact report” is a report in writing giving details of the likely impact of the proposed development on the authority's area (or any part of that area).
4 “The proposed development” is the development for which the application seeks development consent.
5 A notice under subsection (2) must specify the deadline for receipt by the Secretary of State of the local impact report.

I18961 Initial choice of Panel or single appointed person

1 Subsection (2) applies where the Secretary of State has accepted an application for an order granting development consent.
2 The Secretary of State must decide whether the application—
a is to be handled by a Panel under Chapter 2, or
b is to be handled by a single appointed person under Chapter 3.
3 The Secretary of State must publish the criteria that are to be applied in making decisions under subsection (2).

I19062 Switching from single appointed person to Panel

1 Subsection (2) applies where an application for an order granting development consent is being handled by a single appointed person under Chapter 3.
2 The Secretary of State may decide that the application should instead be handled by a Panel under Chapter 2.
3 The Secretary of State must publish the criteria that are to be applied in making decisions under subsection (2).

F17963 Delegation of functions by person appointed to chair Commission

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Chapter 2 The Panel procedure

Panels

I19164 Panel for each application to be handled under this Chapter

1 This Chapter applies where—
a the Secretary of State accepts an application for an order granting development consent, and
b under section 61(2) or 62(2), it is decided that the application is to be handled by a Panel under this Chapter.
2 There is to be a Panel (referred to in this Chapter as “the Panel”) to handle the application.

I19265 Appointment of members, and lead member, of Panel

1 The Secretary of State must appoint—
a two, three, four or five persons to be members of the Panel, and
b one of those persons to chair the Panel.
2 In this Chapter “the lead member” means the person who for the time being is appointed to chair the Panel.
F1823 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1824 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1825 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I19366 Ceasing to be member, or lead member, of Panel

F1831 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 The person appointed to be the lead member ceases to hold that office if the person ceases to be a member of the Panel.
3 A person may resign from membership of the Panel by giving notice in writing to the Secretary of State.
4 The lead member may resign that office, without also resigning from membership of the Panel, by giving notice in writing to the Secretary of State.
5 The Secretary of State—
a may remove a person (“the Panel member”) from membership of the Panel if the Secretary of State is satisfied that the Panel member is unable, unwilling or unfit to perform the duties of Panel membership;
b may remove the lead member from that office, without also removing the lead member from membership of the Panel, if the Secretary of State is satisfied that the lead member is unable, unwilling or unfit to perform the duties of the office.

F18967 Panel member continuing though ceasing to be Commissioner

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I19468 Additional appointments to Panel

1 Subsections (2) and (3) apply at any time after the initial members of the Panel have been appointed under section 65(1)(a).
2 The Secretary of State may appoint a person to be a member of the Panel, but this power may not be exercised so as to cause the Panel to have more than five members.
3 If at any time the Panel has only F440... a single member, it is the duty of the Secretary of State to ensure that the power under subsection (2) is exercised so as to secure that the Panel again has at least two members.
4 A person appointed under subsection (2) becomes a member of the Panel in addition to any person who is otherwise a member of the Panel.
F1925 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I19569 Replacement of lead member of Panel

1 Subsection (2) applies where a person ceases to hold the office of lead member.
2 The Secretary of State must appoint a member of the Panel to chair the Panel.
3 A person may be appointed under subsection (2) even though that person was not a member of the Panel when the vacancy arose.
F1944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19570 Membership of Panel where application relates to land in Wales

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I19671 Supplementary provision where Panel replaces single appointed person

1 Subsections (2) and (3) apply where this Chapter applies as the result of a decision under section 62(2).
2 An appointed person —
a may be appointed under section 65(1)(a) or 68(2) as a member of the Panel, and
b if a member of the Panel, may be appointed under section 65(1)(b) or 69(2) to chair the Panel.
3 The Panel may, so far as it thinks appropriate, decide to treat things done by or in relation to an appointed person in proceedings under Chapter 3 on the application as done by or in relation to the Panel.
4 Where the Panel makes a decision under subsection (3), the lead member is under a duty to ensure that the membership of the Panel has the necessary knowledge of the proceedings under Chapter 3 on the application.
5 In this section “appointed person” means a person appointed to handle the application under Chapter 3.

I19772 Panel ceasing to have any members

1 If the Panel ceases to have any members, a new Panel must be constituted under section 65(1).
2 At times after the new Panel has been constituted (but subject to the further application of this subsection in the event that the new Panel ceases to have any members), references in this Chapter to the Panel are to be read as references to the new Panel.
3 The new Panel may, so far as it thinks appropriate, decide to treat things—
a done by or in relation to a previous Panel appointed to handle the application, or
b treated under section 71(3) as done by or in relation to a previous Panel appointed to handle the application,
as done by or in relation to the new Panel.
4 Where the Panel makes a decision under subsection (3), the lead member is under a duty to ensure that the membership of the Panel has the necessary knowledge of the proceedings on the application up until the reconstitution of the Panel.
5 The power under section 68(2) is not exercisable at times when the Panel has no members.

I19873 Consequences of changes in Panel

1 The Panel's continuing identity is to be taken not to be affected by—
a any change in the membership of the Panel;
b the Panel's coming to have only F442... a single member;
c any change in the lead member;
d a vacancy in that office.
2 When there is a change in the membership of the Panel, the lead member is under a duty to ensure that the membership of the Panel after the change has the necessary knowledge of the proceedings on the application up until the change.
3 Subsection (2) does not apply where the change occurs as a result of the Panel being reconstituted as required by section 72(1).

Panel's role in relation to application

I19974 Panel to decide, or make recommendation in respect of, application

F1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 The Panel has the functions of—
a examining the application, and
b making a report to the Secretary of State on the application setting out—
i the Panel's findings and conclusions in respect of the application, and
ii the Panel's recommendation as to the decision to be made on the application.
3 The Panel's functions under this section are to be carried out in accordance with Chapter 4.
F2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I20075 Decision-making by the Panel

A1 If the members of a Panel with two members disagree as to a proposed decision by the Panel, the view of the lead member is to prevail.
1 The making of a decision by a Panel with three or more members requires the agreement of a majority of its members.
2 The lead member has a second (or casting) vote in the event that the number of members of the Panel agreeing to a proposed decision is the same as the number of members not so agreeing.

I20176 Allocation within Panel of Panel's functions

1 This section applies in relation to the Panel's examination of the application.
2 The Panel, as an alternative to itself undertaking a part of the examination, may allocate the undertaking of that part to any one or more of the members of the Panel.
3 Where there is an allocation under subsection (2)—
a anything that under Chapter 4 is required or authorised to be done by or to the Panel in connection with the allocated part of the examination may be done by or to the member or members concerned (or by or to the Panel), and
b findings and conclusions of the member or members concerned in respect of the matters allocated are to be taken to be the Panel's.
4 Subsection (3)(b) has effect subject to any decision of the Panel, made on the occasion of making the allocation or earlier, as to the status of any such findings or conclusions.
5 Where there is an allocation under subsection (2) to two or more of the members of the Panel, the making of a decision by the members concerned requires the agreement of all of them.

I20277 Exercise of Panel's powers for examining application

1 In this section “procedural power” means any power conferred on the Panel for the purposes of its examination of the application.
2 A procedural power, as well as being exercisable by the Panel itself, is also (subject to subsection (3)) exercisable by any one or more of the members of the Panel.
3 The Panel may decide to restrict or prohibit the exercise of a procedural power otherwise than by the Panel itself.
4 Subsection (2)—
a applies whether or not there is an allocation under section 76(2), and
b where there is such an allocation, is in addition to section 76(3)(a).
5 Subsection (3) does not authorise curtailment of a power conferred by section 76(3)(a).

Chapter 3 The single-appointed-person procedure

The single appointed person

I20378 Single appointed person to handle application

1 This Chapter applies where—
a the Secretary of State accepts an application for an order granting development consent, and
b under section 61(2), it is decided that the application is to be handled by a single appointed person under this Chapter.
2 In this Chapter “the single appointed person” means the person who is appointed to handle the application under this Chapter.

79 Appointment of single appointed person

The Secretary of State must appoint a person to handle the application.

I20480 Ceasing to be the single appointed person

F2061 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 A person may resign from being the single appointed person by giving notice in writing to the Secretary of State.
3 The Secretary of State may remove a person (“the appointee”) from being the single appointed person if the Secretary of State is satisfied that the appointee is unable, unwilling or unfit to perform the duties of the single appointed person.

F21281 Single Commissioner continuing though ceasing to be Commissioner

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I20582 Appointment of replacement single appointed person

1 Where a person ceases to be the single appointed person, a new appointment of a person to handle the application must be made under section 79.
2 Where that happens, the new single appointed person may, so far as may be appropriate, decide to treat things done by or in relation to any previous single appointed person as done by or in relation to the new single appointed person.
3 Where the single appointed person makes a decision under subsection (2), the single appointed person is under a duty to acquire the necessary knowledge of the previous proceedings on the application.

Single appointed person’s role in relation to application

I20683 Single appointed person to examine and report on application

1 The single appointed person has the functions of—
a examining the application, and
b making a report to the Secretary of State on the application setting out—
i the single appointed person’s findings and conclusions in respect of the application, and
ii the single appointed person’s recommendation as to the decision to be made on the application.
F2162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 The single appointed person’s functions under subsection (1) are to be carried out in accordance with Chapter 4.
F2174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F9284 Report from single Commissioner to be referred to Council

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F9285 Decisions made by the Council on the application

1 This section applies to decisions made by the Council in deciding the application.
2 At least five members of the Council must participate in making a decision.
3 The making of a decision requires the agreement of a majority of the members of the Council who are participating in making it.
4 The person chairing the Council has a second (or casting) vote in the event that the number of members of the Council agreeing to a proposed decision is the same as the number of members not so agreeing.

Chapter 4 Examination of applications under Chapter 2 or 3

I20786 Chapter applies to examination by Panel or single appointed person

1 This Chapter applies—
a in relation to the examination of an application by a Panel under Chapter 2, and
b in relation to the examination of an application by a single appointed person under Chapter 3.
2 In this Chapter as it applies in relation to the examination of an application by a Panel under Chapter 2, “the Examining authority” means the Panel.
3 In this Chapter as it applies in relation to the examination of an application by a single appointed person under Chapter 3, “the Examining authority” means the single appointed person.

I20887 Examining authority to control examination of application

1 It is for the Examining authority to decide how to examine the application.
2 The Examining authority, in making any decision about how the application is to be examined, must—
a comply with—
i the following provisions of this Chapter, and
ii any rules made under section 97, and
F221b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 The Examining authority may in examining the application disregard representations if the Examining authority considers that the representations—
a are vexatious or frivolous,
b relate to the merits of policy set out in a national policy statement, or
c relate to compensation for compulsory acquisition of land or of an interest in or right over land.

I20988 Initial assessment of issues, and preliminary meeting

1 The Examining authority must make such an initial assessment of the principal issues arising on the application as the Examining authority thinks appropriate.
2 After making that assessment, the Examining authority must hold a meeting.
3 The Examining authority must invite to the meeting—
a the applicant, F73...
b each other interested party,
c each statutory party, and
d each local authority that is within section 88A,
whether or not the Examining authority is required by rules under section 97, or chooses, also to invite other persons.
3A In subsection (3)(c) “statutory party” means a person specified in, or of a description specified in, regulations made by the Secretary of State.
4 The purposes of the meeting are—
a to enable invitees present at the meeting to make representations to the Examining authority about how the application should be examined,
b to discuss any other matter that the Examining authority wishes to discuss, and
c any other purpose that may be specified in rules under section 97.
5 Subsections (2) to (4) do not prevent the Examining authority holding other meetings.
6 Rules under section 97—
a may (in particular) make provision supplementing subsections (1) to (4), and
b must make provision as to when the assessment under subsection (1) is to be made and as to when the meeting required by subsection (2) is to be held.

88A Local authorities for the purposes of section 88(3)(d)

1 A local authority (“A”) is within this section if—
a the land is in the area of another local authority (“B”),
b B is a unitary council or a lower-tier district council, and
c any part of the boundary of A's area is also a part of the boundary of B's area.
2 If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—
a D is not a lower-tier district council, and
b any part of the boundary of D's area is also part of the boundary of C's area.
3 In this section—
  • “the land” means the land to which the application relates or any part of that land;
  • “local authority” has the meaning given in section 102(8);
  • “lower-tier district council” means a district council in England for an area for which there is a county council;
  • “unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;
  • “upper-tier county council” means a county council in England for each part of whose area there is a district council.

I21089 Examining authority's decisions about how application is to be examined

1 The Examining authority must in the light of the discussion at the meeting held under section 88(2) make such procedural decisions as the Examining authority thinks appropriate.
2 The decisions required by subsection (1) may be made at or after the meeting.
2A Upon making the decisions required by subsection (1), the Examining authority must inform each person mentioned in section 88(3)(c) and (d)—
a of those decisions, and
b that the person may notify the Examining authority in writing that the person is to become an interested party.
3 The Examining authority may make procedural decisions otherwise than as required by subsection (1), and may do so at any time before or after the meeting.
4 The Examining authority must inform each interested party of any procedural decision made by the Examining authority.
5 In this section “procedural decision” means a decision about how the application is to be examined.

I21190 Written representations

1 The Examining authority's examination of the application is to take the form of consideration of written representations about the application.
2 Subsection (1) has effect subject to—
a any requirement under section 91, 92 or 93 to cause a hearing to be held, and
b any decision by the Examining authority that any part of the examination is to take a form that is neither—
i consideration of written representations, nor
ii consideration of oral representations made at a hearing.
3 Rules under section 97 may (in particular) specify written representations about the application which are to be, or which may be or may not be, considered under subsection (1).

I21291 Hearings about specific issues

1 Subsections (2) and (3) apply where the Examining authority decides that it is necessary for the Examining authority's examination of the application to include the consideration of oral representations about a particular issue made at a hearing in order to ensure—
a adequate examination of the issue, or
b that an interested party has a fair chance to put the party's case.
2 The Examining authority must cause a hearing to be held for the purpose of receiving oral representations about the issue.
3 At the hearing, each interested party is entitled (subject to the Examining authority's powers of control over the conduct of the hearing) to make oral representations about the issue.
4 Where the Examining authority is a Panel acting under Chapter 2, any two or more hearings under subsection (2) may be held concurrently.

I21392 Compulsory acquisition hearings

1 This section applies where the application includes a request for an order granting development consent to authorise compulsory acquisition of land or of an interest in or right over land (a “compulsory acquisition request”).
2 The Examining authority must fix, and cause each affected person to be informed of, the deadline by which an affected person must notify the Secretary of State that the person wishes a compulsory acquisition hearing to be held.
3 If the Secretary of State receives notification from at least one affected person before the deadline, the Examining authority must cause a compulsory acquisition hearing to be held.
4 At a compulsory acquisition hearing, the following are entitled (subject to the Examining authority's powers of control over the conduct of the hearing) to make oral representations about the compulsory acquisition request—
a the applicant;
b each affected person.
5 A person is an “affected person” for the purposes of this section if the person's name has been given to the Secretary of State in a notice under section 59.

I21493 Open-floor hearings

1 The Examining authority must fix, and cause the interested parties to be informed of, the deadline by which an interested party must notify the Secretary of State of the party's wish to be heard at an open-floor hearing.
2 If the Secretary of State receives notification from at least one interested party before the deadline, the Examining authority must cause an open-floor hearing to be held.
3 At an open-floor hearing, each interested party is entitled (subject to the Examining authority's powers of control over the conduct of the hearing) to make oral representations about the application.

I21594 Hearings: general provisions

1 The following provisions of this section apply—
a to a hearing under section 91(2),
b to a compulsory acquisition hearing (see section 92), and
c to an open-floor hearing (see section 93).
2 The hearing—
a must be in public, and
b must be presided over by one or more of the members of the Panel or (as the case may be) the single appointed person.
3 It is for the Examining authority to decide how the hearing is to be conducted.
4 In particular, it is for the Examining authority to decide—
a whether a person making oral representations at the hearing may be questioned at the hearing by another person and, if so, the matters to which the questioning may relate;
b the amount of time to be allowed at the hearing—
i for the making of a person's representations (including representations made in exercise of an entitlement under section 91(3), 92(4) or 93(3)), or
ii for any questioning by another person.
5 The Examining authority's powers under subsections (3) and (4) are subject to—
a subsection (2), and
b any rules made under section 97.
6 Although the Examining authority's powers under subsections (3) and (4) may be exercised for the purpose of controlling exercise of an entitlement under section 91(3), 92(4) or 93(3), those powers may not be exercised so as to deprive the person entitled of all benefit of the entitlement.
7 In making decisions under subsection (4)(a), the Examining authority must apply the principle that any oral questioning of a person making representations at a hearing (whether the applicant or any other person) should be undertaken by the Examining authority except where the Examining authority thinks that oral questioning by another person is necessary in order to ensure—
a adequate testing of any representations, or
b that a person has a fair chance to put the person's case.
8 The Examining authority may refuse to allow representations to be made at the hearing (including representations made in exercise of an entitlement under section 91(3), 92(4) or 93(3)) if the Examining authority considers that the representations—
a are irrelevant, vexatious or frivolous,
b relate to the merits of policy set out in a national policy statement,
c repeat other representations already made (in any form and by any person), or
d relate to compensation for compulsory acquisition of land or of an interest in or right over land.

I21695 Hearings: disruption F532...

1 Where an interested party or any other person behaves in a disruptive manner at a hearing, the Examining authority may decide to do any one or more of the following—
a exclude the person from all, or part, of the remainder of the hearing;
b allow the person to continue to attend the hearing only if the person complies with conditions specified by the Examining authority;
c exclude the person from other hearings;
d direct that the person is allowed to attend other hearings only if the person complies with conditions specified by the Examining authority.
2 In this section “hearing” means—
a a preliminary meeting under section 88,
b a hearing under section 91(2),
c a compulsory acquisition hearing (see section 92),
d an open-floor hearing (see section 93),
e any other meeting or hearing that the Examining authority causes to be held for the purposes of the Examining authority's examination of the application, or
f a site visit.
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95A Hearings: defence and national security

1 Subsection (2) applies if the Secretary of State is satisfied that if all or part of the Examining Authority's examination of the application takes the form of a meeting or hearing—
a the making of particular oral representations at such a meeting or hearing would be likely to result in the disclosure of information as to defence or national security, and
b the public disclosure of that information would be contrary to the national interest.
2 The Secretary of State may direct that representations of a description specified in the direction may be made only to persons of a description so specified (instead of being made in public).
3 If the Secretary of State gives a direction under subsection (2), the Attorney General or (where the representations are to be made in Scotland) the Advocate General for Scotland may appoint a person (an “appointed representative”) to represent the interests of an interested party who (by virtue of the direction) is prevented from being present when the representations are made.
4 Rules under section 97 may (in particular) make provision as to the functions of an appointed representative.
5 The Secretary of State may direct a person (a “responsible person”) to pay the fees and expenses of an appointed representative if the Secretary of State thinks that the responsible person is interested in a meeting or hearing in relation to any representations that are the subject of a direction under subsection (2).
6 Subsections (7) and (8) apply if the Secretary of State gives a direction under subsection (5).
7 If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.
8 The Secretary of State must cause the amount agreed between the appointed representative and the responsible person, or determined by the Secretary of State, to be certified.
9 An amount so certified is recoverable from the responsible person as a civil debt.
10 In this section “representations” includes evidence.

I21796 Representations not made orally may be made in writing

1 Subsection (2) applies where—
a a person asks the Examining authority to be allowed to make oral representations about the application at a hearing,
b the person does not (for whatever reason) make the representations orally at a hearing,
c written representations from the person are received by the Secretary of State before the Examining authority completes the Examining authority's examination of the application, and
d the written representations state that they are ones that the person asked to be allowed to, but did not, make orally at a hearing.
2 The Examining authority must consider the written representations as part of the Examining authority's examination of the application, subject to section 87(3).

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.

I21897 Procedure rules

1 The Lord Chancellor or (if subsection (2) applies) the Secretary of StateF381... may make rules regulating the procedure to be followed in connection with the Examining authority's examination of the application.
2 This subsection applies if the development to which the application relates (or part of the development) is the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line—
a one end of which is in England or Wales, and
b the other end of which is in Scotland.
3 Rules under subsection (1) may make provision for or in connection with authorising the Examining authority, alone or with others, to enter onto land, including land owned or occupied otherwise than by the applicant, for the purpose of inspecting the land as part of the Examining authority's examination of the application.
4 Rules under subsection (1) may regulate procedure in connection with matters preparatory to the Examining authority's examination of the application, and in connection with matters subsequent to the examination, as well as in connection with the conduct of the examination.
5 Power under this section to make rules includes power to make different provision for different purposes.
6 Power under this section to make rules is exercisable by statutory instrument.
7 A statutory instrument containing rules under this section is subject to annulment pursuant to a resolution of either House of Parliament.

I21998 Timetable for examining, and reporting on, application

1 The Examining authority is under a duty to complete the Examining authority's examination of the application by the end of the period of 6 months beginning with the day after the start day.
2 The start day is the day on which the meeting required by section 88 is held or, if that meeting is held on two or more days, the later or latest of those days.
3 The Examining authority is under a duty to make its report under section 74(2)(b) or 83(1)(b) by the end of the period of 3 months beginning with—
a the deadline for completion of its examination of the application, or
b (if earlier) the end of the day on which it completes the examination.
4 The Secretary of State may set a date for a deadline under this section that is later than the date for the time being set.
4A The Secretary of State may set a date for a deadline under subsection (1) that is earlier than the date for the time being set.
5 The power under subsection (4) may be exercised—
a more than once in relation to the same deadline;
b after the date for the time being set for the deadline.
6 Subsections (7) and (8) apply where the power under subsection (4) or (4A) is exercised.
7 The Secretary of State must—
a notify each interested party of the new deadline, and
b publicise the new deadline in such manner as the Secretary of State thinks appropriate.
8 The Secretary of State exercising the power must make a statement, to the House of Parliament of which that Secretary of State is a member, announcing the new deadline.
9 A statement under subsection (8) may be written or oral.

I22099 Completion of Examining authority's examination of application

When the Examining authority has completed its examination of the application, it must inform each of the interested parties of that fact.

I221100 Assessors

1 The Secretary of State may, at the request of the Examining authority, appoint a person to act as an assessor to assist the Examining authority in the Examining authority's examination of the application.
2 A person may be appointed as an assessor only if it appears to the Secretary of State that the person has expertise that makes the person a suitable person to provide assistance to the Examining authority.

I222101 Legal advice and assistance

1 The Secretary of State may, at the request of the Examining authority, appoint a barrister, solicitor or advocate to provide legal advice and assistance to the Examining authority in connection with its examination of the application.
2 The assistance that may be given by a person appointed under subsection (1) includes carrying out on behalf of the Examining authority any oral questioning of a person making representations at a hearing.

I10I223102 Interpretation of Chapter 4: “interested party” and other expressions

1 For the purposes of this Chapter, a person is an “interested party” if—
a the person is the applicant,
aa the person has been notified of the acceptance of the application in accordance with section 56(2)(d),
ab the Examining authority has under section 102A decided that it considers that the person is within one or more of the categories set out in section 102B,
ba the person is the Marine Management Organisation and the development for which the application seeks development consent would involve the carrying on of any activity in one or more of the areas specified in subsection (1A),
c the person is a local authority in whose area the land is located,
ca the person—
i is mentioned in section 88(3)(c) or (d), and
ii has notified the Examining authority as mentioned in section 89(2A)(b),
d the person is the Greater London Authority and the land is in Greater London, or
e the person has made a relevant representation.
1ZA But a person ceases to be an “interested party” for the purposes of this Chapter upon notifying the Examining authority in writing that the person no longer wishes to be an interested party.
1A The areas 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.
2 In this Chapter “representation” includes evidence, and references to the making of a representation include the giving of evidence.
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4 A representation is a relevant representation for the purposes of subsection (1) to the extent that—
a it is a representation about the application,
b it is made to the Secretary of State in the prescribed form and manner,
c it is received by the Secretary of State no later than the deadline that applies under section 56 to the person making it,
d it contains material of a prescribed description, and
e it does not contain—
i material about compensation for compulsory acquisition of land or of an interest in or right over land,
ii material about the merits of policy set out in a national policy statement, or
iii material that is vexatious or frivolous.
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8 In subsection (1)(c) “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 (c. 39);
g a National Park authority;
h the Broads Authority.
9 In this section “the land” means the land to which the application relates or any part of that land.

102A Persons in certain categories may ask to become interested parties etc

1 Subsection (2) applies if—
a a person makes a request to the Examining authority to become an interested party,
b the request states that the person claims to be within one or more of the categories set out in section 102B,
c the person has not been notified of the acceptance of the application in accordance with section 56(2)(d), and
d the applicant has issued a certificate under section 58 in relation to the application.
2 The Examining authority must decide whether it considers that the person is within one or more of the categories set out in section 102B.
3 If the Examining authority decides that it considers that the person is within one or more of the categories set out in section 102B, the Examining authority must notify the person, and the applicant, that the person has become an interested party under section 102(1)(ab).
4 If the Examining authority thinks that a person might successfully make a request mentioned in subsection (1)(a), the Examining authority may inform the person about becoming an interested party under section 102(1)(ab).But the Examining authority is under no obligation to make enquiries in order to discover persons who might make such a request.

102B Categories for the purposes of section 102A

1 A person is within Category 1 if 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 person—
a is interested in the land, or
b has power—
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 section and also in section 5(1) of the Compulsory Purchase Act 1965 has in subsection (2) the meaning that it has in section 5(1) of that Act.
4 A person is within Category 3 if, should the order sought by the application be made and fully implemented, the person would or might be entitled—
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.
5 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 affection, of land subject to compulsory purchase);
b a claim under Part 1 of the Land Compensation Act 1973 (compensation for depreciation of land value by physical factors caused by use of public works);
c a claim under section 152(3).
6 In this section “the land” means the land to which the application relates or any part of that land.

Chapter 5 Decisions on applications

I224103 Secretary of State is to decide applications

1 The Secretary of State has the function of deciding an application for an order granting development consent F242...
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I11I225104 Decisions in cases where national policy statement has effect

1 This section applies in relation to an application for an order granting development consent if a national policy statement has effect in relation to development of the description to which the application relates.
2 In deciding the application the Secretary of State must have regard to—
a any national policy statement which has effect in relation to development of the description to which the application relates (a “relevant national policy statement”),
aa the appropriate marine policy documents (if any), determined in accordance with section 59 of the Marine and Coastal Access Act 2009;
b any local impact report (within the meaning given by section 60(3)) submitted to the Secretary of State before the deadline specified in a notice under section 60(2),
c any matters prescribed in relation to development of the description to which the application relates, and
d any other matters which the Secretary of State thinks are both important and relevant to the Secretary of State's decision.
3 The Secretary of State must decide the application in accordance with any relevant national policy statement, except to the extent that one or more of subsections (4) to (8) applies.
4 This subsection applies if the Secretary of State is satisfied that deciding the application in accordance with any relevant national policy statement would lead to the United Kingdom being in breach of any of its international obligations.
5 This subsection applies if the Secretary of State is satisfied that deciding the application in accordance with any relevant national policy statement would lead to the Secretary of State being in breach of any duty imposed on the Secretary of State by or under any enactment.
6 This subsection applies if the Secretary of State is satisfied that deciding the application in accordance with any relevant national policy statement would be unlawful by virtue of any enactment.
7 This subsection applies if the Secretary of State is satisfied that the adverse impact of the proposed development would outweigh its benefits.
8 This subsection applies if the Secretary of State is satisfied that any condition prescribed for deciding an application otherwise than in accordance with a national policy statement is met.
9 For the avoidance of doubt, the fact that any relevant national policy statement identifies a location as suitable (or potentially suitable) for a particular description of development does not prevent one or more of subsections (4) to (8) from applying.

I12I226105 Decisions in cases where no national policy statement has effect

1 This section applies in relation to an application for an order granting development consent if section 104 does not apply in relation to the application.
2 In deciding the application the Secretary of State must have regard to—
a any local impact report (within the meaning given by section 60(3)) submitted to the Secretary of State before the deadline specified in a notice under section 60(2),
b any matters prescribed in relation to development of the description to which the application relates, and
c any other matters which the Secretary of State thinks are both important and relevant to the Secretary of State's decision.

I227106 Matters that may be disregarded when deciding application

1 In deciding an application for an order granting development consent, the Secretary of State may disregard representations if the Secretary of State considers that the representations—
a are vexatious or frivolous,
b relate to the merits of policy set out in a national policy statement, or
c relate to compensation for compulsory acquisition of land or of an interest in or right over land.
2 In this section “representation” includes evidence.

I228107 Timetable for decisions

1 The Secretary of State is under a duty to decide an application for an order granting development consent by the end of the period of 3 months beginning with—
a the deadline under section 98(3), or
b (if earlier) the end of the day on which the Secretary of State receives a report on the application under section 74(2)(b) or 83(1)(b).
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3 The Secretary of State may set a date for the deadline under subsection (1) that is later than the date for the time being set.
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5 The power under subsection (3) may be exercised—
a more than once in relation to the same deadline;
b after the date for the time being set for the deadline.
6 Subsection (7) applies where the power under subsection (3) is exercised.
7 The Secretary of State exercising the power must make a statement, to the House of Parliament of which that Secretary of State is a member, announcing the new deadline.
8 A statement under subsection (7) must be published in such form and manner as the Secretary of State considers appropriate.
8A A statement under subsection (7) may be written or oral.

Chapter 6 Suspension of decision-making process

I229108 Suspension during review of national policy statement

1 This section applies where—
a an application is made for an order granting development consent for development of a description in relation to which a national policy statement has effect, and
b the Secretary of State thinks that, as a result of a change in circumstances since the national policy statement was first published or (if later) the statement or any part of it was last reviewed, all or part of the statement should be reviewed before the application is decided.
2 The Secretary of State may direct that, until the review has been completed and the Secretary of State has complied with section 6(5) in relation to the review, examination of the application by a Panel under Chapter 2, or a single appointed person under Chapter 3, is suspended (if not already completed).

F98Chapter 7 Intervention by Secretary of State

109 Intervention: significant change in circumstances

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110 Intervention: defence and national security

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111 Intervention: other circumstances

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112 Power of Secretary of State to intervene

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113 Effect of intervention

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Chapter 8 Grant or refusal

I13I230114 Grant or refusal of development consent

1 When the Secretary of State has decided an application for an order granting development consent, the Secretary of State must either—
a make an order granting development consent, or
b refuse development consent.
2 The Secretary of State may by regulations make provision regulating the procedure to be followed if the Secretary of State proposes to make an order granting development consent on terms which are materially different from those proposed in the application.

I231115 Development for which development consent may be granted

1 Development consent may be granted for development which is—
a development for which development consent is required, or
b associated development, or
c related housing development.
2 “Associated development” means development which—
a is associated with the development within subsection (1)(a) (or any part of it),
b does not consist of or include the construction or extension of one or more dwellings, and, or
c is within subsection (3) , (4) or (4A).
3 Development is within this subsection if it is to be carried out wholly in one or more of the following areas—
a England;
b waters adjacent to England up to the seaward limits of the territorial sea;
c in the case of development 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 Development is within this subsection if—
a it is to be carried out wholly in Wales,
b it is the carrying out or construction of surface works, boreholes or pipes, and
c the development within subsection (1)(a) with which it is associated is development within section 17(3).
4A Development is within this subsection if the development within subsection (1)(a) with which it is associated is—
a the construction or extension of a generating station that is or (when constructed or extended) is expected to be within section 15(3A) or (3B), or
b the installation of an electric line that is or (when installed) is expected to be within section 14(1)(b).
4B Related housing development” means development which—
a consists of or includes the construction or extension of one or more dwellings,
b is on the same site as, or is next to or close to, any part of the development within subsection (1)(a), or is otherwise associated with that development (or any part of it),
c is to be carried out wholly in England, and
d meets the condition in subsection (4C).
4C Development meets the condition in this subsection if the development within subsection (1)(a) to which it is related is to be carried out in one or more of the following areas—
a England;
b waters adjacent to England up to the seaward limits of the territorial sea.
5 To the extent that development consent is granted for associated development or related housing development, section 33 applies to the development as it applies to development for which development consent is required.
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7 The Secretary of State, in deciding an application for an order granting development consent for development that includes related housing development, must take into account any matters set out in guidance published by the Secretary of State.

I232116 Reasons for decision to grant or refuse development consent

1 The Secretary of State must prepare a statement of the Secretary of State's reasons for deciding to—
a make an order granting development consent, or
b refuse development consent.
2 The Secretary of State must provide a copy of the statement to each person who is an interested party in relation to the application for the purposes of Chapter 4 (see section 102).
3 The Secretary of State must publish the statement in such manner as the Secretary of State thinks appropriate.
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I233117 Orders granting development consent: formalities

1 This section applies in relation to an order granting development consent.
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3 Except in a case within subsection (4), the Secretary of State must publish the order in such manner as the Secretary of State thinks appropriate.
4 If the order includes provision—
a made under section 120(3) for or relating to any of the matters listed in paragraphs 32A and 32B of Schedule 5, or
b made in the exercise of any of the powers conferred by section 120(5)(a) or (b),
the order must be contained in a statutory instrument.
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6 As soon as practicable after the instrument containing the order is made, the Secretary of State must deposit in the office of the Clerk of the Parliaments a copy of—
a the instrument,
b the latest version of any plan supplied by the applicant in connection with the application for the order contained in the instrument, and
c the statement of reasons prepared under section 116(1).
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Chapter 9 Legal challenges

I323I234118 Legal challenges relating to applications for orders granting development consent

1 A court may entertain proceedings for questioning an order granting development consent only if—
a the proceedings are brought by a claim for judicial review, and
b the claim form is filed before the end of the period of 6 weeks beginning with the day after —
i the day on which the order is published, or
ii if later, the day on which the statement of reasons for making the order is published.
2 A court may entertain proceedings for questioning a refusal of development consent only if—
a the proceedings are brought by a claim for judicial review, and
b the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the statement of reasons for the refusal is published.
3 A court may entertain proceedings for questioning a decision of the Secretary of State under section 55 not to accept an application for an order granting development consent only if—
a the proceedings are brought by a claim for judicial review, and
b the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the Secretary of State notifies the applicant as required by subsection (7) of that section.
4 A court may entertain proceedings for questioning a decision under paragraph 1 of Schedule 4 in relation to an error or omission in a decision document only if—
a the proceedings are brought by a claim for judicial review, and
b the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which a correction notice in respect of the error or omission is issued under paragraph 2 of that Schedule or, if the correction is required to be made by order contained in a statutory instrument, the day after the day on which the order is published.
5 A court may entertain proceedings for questioning a decision under paragraph 2(1) of Schedule 6 to make a change to an order granting development consent only if—
a the proceedings are brought by a claim for judicial review, and
b the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the change is given under paragraph 2(12)(b) of that Schedule or, if the change to the order is required to be made by order contained in a statutory instrument, the day after the day on which the order making the change is published.
6 A court may entertain proceedings for questioning a decision under paragraph 3(1) of Schedule 6 to make a change to, or revoke, an order granting development consent only if—
a the proceedings are brought by a claim for judicial review, and
b the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the change or revocation is given under paragraph 4(6) of that Schedule or, if the change or revocation is required to be made by order contained in a statutory instrument, the day after the day on which the order making the change or revocation is published.
7 A court may entertain proceedings for questioning anything else done, or omitted to be done, by the Secretary of State F287... in relation to an application for an order granting development consent only if—
a the proceedings are brought by a claim for judicial review, and
b the claim form is filed before the end of the period of 6 weeks beginning with the day after the relevant day.
8 “The relevant day”, in relation to an application for an order granting development consent, means the day on which—
a the application is withdrawn,
b the order granting development consent is published or (if later) the statement of reasons for making the order is published, or
c the statement of reasons for the refusal of development consent is published.
9 Subsections (7) and (8) do not apply in relation to—
a a failure to decide an application for an order granting development consent, or
b anything which delays (or is likely to delay) the decision on such an application.

Chapter 10 Correction of errors

I235119 Correction of errors in development consent decisions

Schedule 4 (correction of errors in development consent decisions) has effect.

Part 7 Orders granting development consent

Chapter 1 Content of orders

General

I240120 What may be included in order granting development consent

1 An order granting development consent may impose requirements in connection with the development for which consent is granted.
2 The requirements may in particular include —
a requirements corresponding to conditions which could have been imposed on the grant of any permission, consent or authorisation, or the giving of any notice, which (but for section 33(1)) would have been required for the development;
b requirements to obtain the approval of the Secretary of State or any other person, so far as not within paragraph (a).
3 An order granting development consent may make provision relating to, or to matters ancillary to, the development for which consent is granted.
4 The provision that may be made under subsection (3) includes in particular provision for or relating to any of the matters listed in Part 1 of Schedule 5.
5 An order granting development consent may—
a apply, modify or exclude a statutory provision which relates to any matter for which provision may be made in the order;
b make such amendments, repeals or revocations of statutory provisions of local application as appear to the Secretary of State to be necessary or expedient in consequence of a provision of the order or in connection with the order;
c include any provision that appears to the Secretary of State to be necessary or expedient for giving full effect to any other provision of the order;
d include incidental, consequential, supplementary, transitional or transitory provisions and savings.
6 In subsection (5) “statutory provision” means a provision of an Act or of an instrument made under an Act.
7 Subsections (3) to (6) are subject to subsection (8) and the following provisions of this Chapter.
8 With the exception of provision made under subsection (3) for or relating to any of the matters listed in paragraph 32B of Schedule 5, an order granting development consent may not include—
a provision creating offences,
b provision conferring power to create offences, or
c provision changing an existing power to create offences.
9 To the extent that provision for or relating to a matter may be included in an order granting development consent, none of the following may include any such provision—
a an order under section 14 or 16 of the Harbours Act 1964 (c. 40) (orders in relation to harbours, docks and wharves);
b an order under section 4(1) of the Gas Act 1965 (c. 36) (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.).

F293121 Proposed exercise of powers in relation to legislation

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Compulsory acquisition

I276122 Purpose for which compulsory acquisition may be authorised

1 An order granting development consent may include provision authorising the compulsory acquisition of land only if the Secretary of State is satisfied that the conditions in subsections (2) and (3) are met.
2 The condition is that the land—
a is required for the development to which the development consent relates,
b is required to facilitate or is incidental to that development, or
c is replacement land which is to be given in exchange for the order land under section 131 or 132.
3 The condition is that there is a compelling case in the public interest for the land to be acquired compulsorily.

I14I277123 Land to which authorisation of compulsory acquisition can relate

1 An order granting development consent may include provision authorising the compulsory acquisition of land only if the Secretary of State is satisfied that one of the conditions in subsections (2) to (4) is met.
2 The condition is that the application for the order included a request for compulsory acquisition of the land to be authorised.
3 The condition is that all persons with an interest in the land consent to the inclusion of the provision.
4 The condition is that the prescribed procedure has been followed in relation to the land.

F296124 Guidance about authorisation of compulsory acquisition

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I278125 Application of compulsory acquisition provisions

1 This section applies if an order granting development consent includes provision authorising the compulsory acquisition of land.
2 Part 1 of the Compulsory Purchase Act 1965 (c. 56) (procedure for compulsory purchase) applies to the compulsory acquisition of land under the order—
a as it applies to a compulsory purchase to which Part 2 of the Acquisition of Land Act 1981 (c. 67) applies, and
b as if the order were a compulsory purchase order under that Act.
3 Part 1 of the Compulsory Purchase Act 1965, as applied by subsection (2), has effect with the omission of the following provisions—
a section 4 (time limit for exercise of compulsory purchase powers);
b section 10 (compensation for injurious affection);
F430c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 In so far as the order includes provision authorising the compulsory acquisition of land in Scotland—
a subsections (2) and (3) do not apply, and
b the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) (“the 1947 Act”) applies to the compulsory acquisition of that land under the order as if the order were a compulsory purchase order as defined in section 1(1) of that Act.
5 The 1947 Act, as applied by subsection (4), has effect with the omission of the following provisions—
a Parts 2 and 3 of the First Schedule (compulsory purchase by Ministers and special provisions as to certain descriptions of land);
b section 116 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19) (time limit for exercise of compulsory purchase powers) (that section being incorporated into the 1947 Act by paragraph 1 of the Second Schedule to the 1947 Act).
6 Subsections (2) to (5) are subject to any contrary provision made by the order granting development consent.

I279126 Compensation for compulsory acquisition

1 This section applies in relation to an order granting development consent which includes provision authorising the compulsory acquisition of land.
2 The order may not include provision the effect of which is to modify the application of a compensation provision, except to the extent necessary to apply the provision to the compulsory acquisition of land authorised by the order.
3 The order may not include provision the effect of which is to exclude the application of a compensation provision.
4 A compensation provision is a provision of or made under an Act which relates to compensation for the compulsory acquisition of land.

I280127 Statutory undertakers' land

1 This section applies in relation to land (“statutory undertakers' land”) if—
a the land has been acquired by statutory undertakers for the purposes of their undertaking,
b a representation has been made about an application for an order granting development consent before the completion of the examination of the application, and the representation has not been withdrawn, and
c as a result of the representation the Secretary of State is satisfied that—
i the land is used for the purposes of carrying on the statutory undertakers' undertaking, or
ii an interest in the land is held for those purposes.
C382 An order granting development consent may include provision authorising the compulsory acquisition of statutory undertakers' land only to the extent that the Secretary of State is satisfied of the matters set out in subsection (3).
C383 The matters are that the nature and situation of the land are such that—
a it can be purchased and not replaced without serious detriment to the carrying on of the undertaking, or
b if purchased it can be replaced by other land belonging to, or available for acquisition by, the undertakers without serious detriment to the carrying on of the undertaking.
C384 Subsections (2) and (3) do not apply in a case within subsection (5).
C385 An order granting development consent may include provision authorising the compulsory acquisition of a right over statutory undertakers' land by the creation of a new right over land only to the extent that the Secretary of State is satisfied of the matters set out in subsection (6).
C386 The matters are that the nature and situation of the land are such that—
a the right can be purchased without serious detriment to the carrying on of the undertaking, or
b any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to or available for acquisition by them.
F3537 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 In this section—
“statutory undertakers” has the meaning given by section 8 of the Acquisition of Land Act 1981 (c. 67) and also includes the undertakers—
  1. which are deemed to be statutory undertakers for the purposes of that Act, by virtue of another enactment;
  2. which are statutory undertakers for the purposes of section 16(1) and (2) of that Act (see section 16(3) of that Act).
9 In the application of this section to a statutory undertaker which is a health service body (as defined in section 60(7) of the National Health Service and Community Care Act 1990 (c. 19)), references to land acquired or available for acquisition by the statutory undertakers are to be construed as references to land acquired or available for acquisition by the Secretary of State for use or occupation by the body.

F356128 Local authority and statutory undertakers' land: general

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F356I281129 Local authority and statutory undertakers' land: acquisition by public body

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I282130 National Trust land

1 This section applies to land belonging to the National Trust which is held by the Trust inalienably.
2 An order granting development consent is subject to special parliamentary procedure, to the extent that the order authorises the compulsory acquisition of land to which this section applies, if the condition in subsection (3) is met.
3 The condition is that—
a a representation has been made by the National Trust about the application for the order granting development consent before the completion of the examination of the application,
aa the representation contains an objection to the compulsory acquisition of the land, and
b the objection has not been withdrawn.
3A In a case to which this section applies and to which section 131 or 132 also applies, special parliamentary procedure—
a may be required by subsection (2) whether or not also required by section 131(3) or 132(2), and
b may be required by section 131(3) or 132(2) whether or not also required by subsection (2).
4 In this section “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the National Trust Act 1907 (c. cxxxvi) or section 8 of the National Trust Act 1939 (c. lxxxvi).
5 In this section “the National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 (c. cxxxvi).

I283131 Commons, open spaces etc: compulsory acquisition of land

1 This section applies to any land forming part of a common, open space or fuel or field garden allotment.
2 This section does not apply in a case to which section 132 applies.
3 An order granting development consent is subject to special parliamentary procedure, to the extent that the order authorises the compulsory acquisition of land to which this section applies, unless—
a the Secretary of State is satisfied that one of subsections (4) to (5) applies, and
b that fact, and the subsection concerned, are recorded in the order or otherwise in the instrument or other document containing the order.
4 This subsection applies if—
a replacement land has been or will be given in exchange for the order land, and
b the replacement land has been or will be vested in the prospective seller and subject to the same rights, trusts and incidents as attach to the order land.
4A This subsection applies if—
a the order land is, or forms part of, an open space,
b none of the order land is of any of the other descriptions in subsection (1),
c either—
i there is no suitable land available to be given in exchange for the order land, or
ii any suitable land available to be given in exchange is available only at prohibitive cost, and
d it is strongly in the public interest for the development for which the order grants consent to be capable of being begun sooner than is likely to be possible if the order were to be subject (to any extent) to special parliamentary procedure.
4B This subsection applies if—
a the order land is, or forms part of, an open space,
b none of the order land is of any of the other descriptions in subsection (1), and
c the order land is being acquired for a temporary (although possibly long-lived) purpose.
5 This subsection applies if—
a the order land does not exceed 200 square metres in extent or is required for the widening or drainage of an existing highway or partly for the widening and partly for the drainage of such a highway, and
b the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public.
F3606 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3607 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3608 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3609 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 If an order granting development consent authorises the compulsory acquisition of land to which this section applies, it may include provision—
a for vesting replacement land given in exchange as mentioned in subsection (4)(a) in the prospective seller and subject to the rights, trusts and incidents mentioned in subsection (4)(b), and
b for discharging the order land from all rights, trusts and incidents to which it is subject.
12 In this section —
  • “common”, “fuel or field garden allotment” and “open space” have the same meanings as in section 19 of the Acquisition of Land Act 1981 (c. 67);
  • “the order land” means the land authorised to be compulsorily acquired;
  • “the prospective seller” means the person or persons in whom the order land is vested;
  • “replacement land” means land which is not less in area than the order land and which is no less advantageous to the persons, if any, entitled to rights of common or other rights, and to the public.

I284132 Commons, open spaces etc: compulsory acquisition of rights over land

1 This section applies to any land forming part of a common, open space or fuel or field garden allotment.
2 An order granting development consent is subject to special parliamentary procedure, to the extent that the order authorises the compulsory acquisition of a right over land to which this section applies by the creation of a new right over land, unless—
a the Secretary of State is satisfied that one of subsections (3) to (5) applies, and
b that fact, and the subsection concerned, are recorded in the order or otherwise in the instrument or other document containing the order.
3 This subsection applies if the order land, when burdened with the order right, will be no less advantageous than it was before to the following persons—
a the persons in whom it is vested,
b other persons, if any, entitled to rights of common or other rights, and
c the public.
4 This subsection applies if—
a replacement land has been or will be given in exchange for the order right, and
b the replacement land has been or will be vested in the persons in whom the order land is vested and subject to the same rights, trusts and incidents as attach to the order land (ignoring the order granting development consent).
4A This subsection applies if—
a the order land is, or forms part of, an open space,
b none of the order land is of any of the other descriptions in subsection (1),
c either—
i there is no suitable land available to be given in exchange for the order right, or
ii any suitable land available to be given in exchange is available only at prohibitive cost, and
d it is strongly in the public interest for the development for which the order grants consent to be capable of being begun sooner than is likely to be possible if the order were to be subject (to any extent) to special parliamentary procedure.
4B This subsection applies if—
a the order land is, or forms part of, an open space,
b none of the order land is of any of the other descriptions in subsection (1), and
c the order right is being acquired for a temporary (although possibly long-lived) purpose.
5 This subsection applies if—
a the order land does not exceed 200 square metres in extent or the order right is required in connection with the widening or drainage of an existing highway or in connection partly with the widening and partly with the drainage of such a highway, and
b the giving of other land in exchange for the order right is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public.
F3636 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3637 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3638 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3639 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36310 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 If an order granting development consent authorises the compulsory acquisition of a right over land to which this section applies by the creation of a new right over land, it may include provision—
a for vesting replacement land given in exchange as mentioned in subsection (4)(a) in the persons in whom the order land is vested and subject to the rights, trusts and incidents mentioned in subsection (4)(b), and
b for discharging the order land from all rights, trusts and incidents to which it has previously been subject so far as their continuance would be inconsistent with the exercise of the order right.
12 In this section —
  • “common”, “fuel or field garden allotment” and “open space” have the same meanings as in section 19 of the Acquisition of Land Act 1981 (c. 67);
  • “the order land” means the land to which this section applies over which the order right is to be exercisable;
  • “the order right” means the right authorised to be compulsorily acquired;
  • “replacement land” means land which will be adequate to compensate the following persons for the disadvantages which result from the compulsory acquisition of the order right—
    1. the persons in whom the order land is vested,
    2. the persons, if any, entitled to rights of common or other rights over the order land, and
    3. the public.

I324133 Rights in connection with underground gas storage facilities

1 This section applies if—
a the development to which an order granting development consent relates is development within section 14(1)(c), and
b the order authorises the compulsory acquisition of one or more rights within subsection (2).
2 The rights are—
a a right to store gas in underground gas storage facilities;
b a right to stop up a well, borehole or shaft, or prevent its use by another person;
c a right of way over land.
3 If the right within subsection (2) is an existing right to store gas in underground gas storage facilities, this Act has effect in relation to the compulsory acquisition of the right with the omission of section 131.
4 If the order authorises the compulsory acquisition of the right by the creation of a new right within subsection (2), this Act has effect in relation to the compulsory acquisition of the right with the omission of sections 127 to 132.

I15I285134 Notice of authorisation of compulsory acquisition

1 This section applies if—
a an order is made granting development consent, and
b the order includes provision authorising the compulsory acquisition of land.
2 In this section —
  • “the order land” means—
    1. in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, the land over which the right is to be exercisable;
    2. in any other case where the order granting development consent authorises the compulsory acquisition of land, the land authorised to be compulsorily acquired;
  • “the prospective purchaser” means—
    1. in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, the person for whose benefit the order authorises the creation of the right;
    2. in any other case where the order granting development consent authorises the compulsory acquisition of land, the person authorised by the order to compulsorily acquire the land.
3 After the order has been made, the prospective purchaser must—
za make a copy of the order available, at a place in the vicinity of the land, for inspection by the public at all reasonable hours,
a serve a compulsory acquisition notice F301... on each person to whom subsection (4) applies, and
b affix a compulsory acquisition notice to a conspicuous object or objects on or near the order land.
4 This subsection applies to any person who, if the order granting development consent were a compulsory purchase order, would be a qualifying person for the purposes of section 12(1) of the Acquisition of Land Act 1981 (c. 67) (notice to owners, lessees and occupiers).
5 A compulsory acquisition notice which is affixed under subsection (3)(b) must—
a be addressed to persons occupying or having an interest in the order land, and
b so far as practicable, be kept in place by the prospective purchaser until the end of the period of 6 weeks beginning with the date on which the order is published.
6 The prospective purchaser must also publish a compulsory acquisition notice in one or more local newspapers circulating in the locality in which the order land is situated.
6A The prospective purchaser must send a compulsory acquisition notice to the Chief Land Registrar and it shall be a local land charge in respect of the land in England or Wales to which it relates.
7 A compulsory acquisition notice is a notice in the prescribed form—
a describing the order land,
b in a case where the order granting development consent authorises the compulsory acquisition of a right over land by the creation of a new right, describing the right,
c stating that the order granting development consent includes provision authorising the compulsory acquisition of a right over the land by the creation of a right over it or (as the case may be) the compulsory acquisition of the land,
cza in a case where the order applies Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981—
i containing a prescribed statement about the effect of those Parts, and
ii inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the prospective purchaser information about the person’s name, address and interest in land, using a prescribed form,
ca stating where and when a copy of the order is available for inspection in accordance with subsection (3)(za), and
d stating that a person aggrieved by the order may challenge the order only in accordance with section 118.
F3028 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

I286135 Orders: Crown land

1 An order granting development consent may include provision authorising the compulsory acquisition of an interest in Crown land only if—
a it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and
b the appropriate Crown authority consents to the acquisition.
2 An order granting development consent may include any other provision applying in relation to Crown land, or rights benefiting the Crown, only if the appropriate Crown authority consents to the inclusion of the provision.
3 The reference in subsection (2) to rights benefiting the Crown does not include rights which benefit the general public.
4 For the purposes of this section “the Crown” includes—
a the Duchy of Lancaster;
b the Duchy of Cornwall;
c the Speaker of the House of Lords;
d the Speaker of the House of Commons;
e the Corporate Officer of the House of Lords;
f the Corporate Officer of the House of Commons.

I287136 Public rights of way

1 An order granting development consent may extinguish a public right of way over land only if the Secretary of State is satisfied that—
a an alternative right of way has been or will be provided, or
b the provision of an alternative right of way is not required.
2 The following provisions of this section apply if—
a an order granting development consent makes provision for the acquisition of land, compulsorily or by agreement,
b the order extinguishes a public right of way over the land, and
c the right of way is not a right enjoyable by vehicular traffic.
3 The order granting development consent may not provide for the right of way to be extinguished from a date which is earlier than the date on which the order is published.
4 Subsection (5) applies if—
a the order granting development consent extinguishes the right of way from a date (“the extinguishment date”) which is earlier than the date on which the acquisition of the land is completed, and
b at any time after the extinguishment date it appears to the Secretary of State that the proposal to acquire the land has been abandoned.
5 The Secretary of State must by order direct that the right is to revive.
F3066 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Nothing in subsection (5) prevents the making of a further order extinguishing the right of way.

F364137 Public rights of way: statutory undertakers' apparatus etc.

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I288138 Extinguishment of rights, and removal of apparatus, of statutory undertakers etc.

1 This section applies if an order granting development consent authorises the acquisition of land (compulsorily or by agreement) and—
a there subsists over the land a relevant right, or
b there is on, under or over the land relevant apparatus.
2 “Relevant right” means a right of way, or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, which—
a is vested in or belongs to statutory undertakers for the purpose of the carrying on of their undertaking, or
b is conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network.
3 “Relevant apparatus” means—
a apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, or
b electronic communications apparatus kept installed for the purposes of an electronic communications code network.
C394 The order may include provision for the extinguishment of the relevant right, or the removal of the relevant apparatus, only if the Secretary of State is satisfied that the extinguishment or removal is necessary for the purpose of carrying out the development to which the order relates
4A In this section “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purpose of any provision of Part 11 of TCPA 1990.
4B In this section—
  • “electronic communications apparatus” has the meaning given in paragraph 5 of the electronic communications code;
  • “electronic communications code” means the code set out in Schedule 3A to the Communications Act 2003;
  • “operator of an electronic communications code network” has the meaning given in paragraph 1(1) of Schedule 17 to the Communications Act 2003;
F3675 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3676 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I325139 Common land and rights of common

1 An order granting development consent may not include provision the effect of which is to exclude or modify the application of a provision of or made under the Commons Act 2006, except in accordance with section 131 or 132.
2 For the purposes of section 38(6)(a) of the Commons Act 2006, works carried out under a power conferred by an order granting development consent are not to be taken to be carried out under a power conferred by or under an enactment, except in a case to which section 131 or 132 applies.
3 An order granting development consent may not authorise the suspension of, or extinguishment or interference with, registered rights of common, except in accordance with section 131 or 132.
4 “Registered rights of common” means rights of common registered under—
a the Commons Act 2006, or
b the Commons Registration Act 1965.

I326140 Operation of generating stations

An order granting development consent may include provision authorising the operation of a generating station only if the development to which the order relates is or includes the construction or extension of the generating station.

I327141 Keeping electric lines installed above ground

An order granting development consent may include provision authorising an electric line to be kept installed above ground only if the development to which the order relates is or includes the installation of the line above ground.

I328142 Use of underground gas storage facilities

An order granting development consent may include provision authorising the use of underground gas storage facilities only if the development to which the order relates is or includes development within section 17(2), (3) or (5).

I329143 Diversion of watercourses

1 An order granting development consent may include provision authorising the diversion of any part of a navigable watercourse only if the condition in subsection (2) is met.
2 The new length of watercourse must be navigable in a reasonably convenient manner by vessels of a kind that are accustomed to using the part of the watercourse which is to be diverted.
3 In deciding whether the condition in subsection (2) is met, the effect of any bridge or tunnel must be ignored if the construction of the bridge or tunnel is part of the development for which consent is granted by the order granting development consent.
4 If an order granting development consent includes provision authorising the diversion of any part of a navigable watercourse, the order is also to be taken to authorise the diversion of any tow path or other way adjacent to that part.

I330144 Highways

1 An order granting development consent may include provision authorising the charging of tolls in relation to a highway only if a request to that effect has been included in the application for the order.
2 If an order granting development consent includes provision authorising the charging of tolls in relation to a highway, the order is treated as a toll order for the purposes of sections 7 to 18 of the New Roads and Street Works Act 1991 (c. 22).
2A Subsection (2) does not apply to an order that includes provision authorising other charges in respect of the use or keeping of motor vehicles on roads.
2B In subsection (2A)—
  • “motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exceptions: certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road Traffic Acts;
  • “road” has the meaning given in section 142(1) of the Road Traffic Regulation Act 1984.
F3693 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I331145 Harbours

1 An order granting development consent may include provision for the creation of a harbour authority only if—
a the development to which the order relates is or includes the construction or alteration of harbour facilities, and
b the creation of a harbour authority is necessary or expedient for the purposes of the development.
2 An order granting development consent may include provision changing the powers or duties of a harbour authority only if—
a the development to which the order relates is or includes the construction or alteration of harbour facilities, and
b the authority has requested the inclusion of the provision or has consented in writing to its inclusion.
3 An order granting development consent may include provision authorising the transfer of property, rights or liabilities from one harbour authority to another only if—
a the development to which the order relates is or includes the construction or alteration of harbour facilities, and
b the order makes provision for the payment of compensation of an amount—
i determined in accordance with the order, or
ii agreed between the parties to the transfer.
4 An order granting development consent which includes provision for the creation of a harbour authority, or changing the powers or duties of a harbour authority, may also make other provision in relation to the authority.This is subject to subsection (6).
5 Subject to subsection (6), the provision which may be included in relation to a harbour authority includes in particular—
a any provision in relation to a harbour authority which could be included in a harbour revision order under section 14 of the Harbours Act 1964 (c. 40) by virtue of any provision of Schedule 2 to that Act;
b provision conferring power on the authority to change provision made in relation to it (by the order or by virtue of this paragraph), where the provision is about—
i the procedures (including financial procedures) of the authority;
ii the power of the authority to impose charges;
iii the power of the authority to delegate any of its functions;
iv the welfare of officers and employees of the authority and financial and other provision made for them.
6 The order may not include provision—
a which, by virtue of any other provision of this Act, is not permitted to be included in an order granting development consent;
b conferring power on a harbour authority to delegate, or makes changes to its powers so as to permit the delegation of, any of the functions mentioned in paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the Harbours Act 1964.

I332146 Discharge of water

1 This section applies if—
a an order granting development consent includes provision authorising the discharge of water into inland waters or underground strata, and
b but for the order, the person to whom development consent is granted would have had no power to take water, or to require discharges to be made, from the inland waters or other source from which the discharges authorised by the order are intended to be made.
2 The order does not have the effect of conferring any such power on that person.

I333147 Development of Green Belt land

1 This section applies if an order granting development consent includes provision—
a authorising the acquisition of Green Belt land, compulsorily or by agreement,
b authorising the sale, exchange or appropriation of Green Belt land, or
c freeing land from any restriction imposed upon it by or under the Green Belt (London and Home Counties) Act 1938 (c. xciii), or by a covenant or other agreement entered into for the purposes of that Act.
2 The Secretary of State must notify the relevant local authorities of the provision made by the order.
F3083 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 The relevant local authorities are—
a each local authority in whose area all or part of the land is situated,
b any local authority in whom all or part of the land is vested, and
c each contributing local authority.
5 In this section “local authority” and “contributing local authority” have the same meanings as in the Green Belt (London and Home Counties) Act 1938 (c. xciii) (see section 2(1) of that Act).

F38I334148 Deemed consent under section 34 of the Coast Protection Act 1949

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39I335149 Deemed licences under Part 2 of the Food and Environment Protection Act 1985

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

149A  Deemed consent under a marine licence

1 An order granting development consent may include provision deeming a marine licence to have been issued under Part 4 of the Marine and Coastal Access Act 2009 (marine licensing) for any activity only if the activity is to be carried out wholly in one or more of the areas specified in subsection (2).
2 The areas are—
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 Subsections (4) and (5) apply if an order granting development consent includes provision—
a deeming a marine licence to have been granted under Part 4 of the Marine and Coastal Access Act 2009 subject to specified conditions, and
b deeming those conditions to have been attached to the marine licence by the Secretary of State or the Welsh Ministers under that Part.
4 A person who fails to comply with such a condition does not commit an offence under section 161 of this Act.
5 Sections 68 (notice of applications) and 69(3) and (5) (representations) of the Marine and Coastal Access Act 2009 do not apply in relation to the deemed marine licence.

I16I289150 Removal of consent requirements

1 An order granting development consent may include provision the effect of which is to remove a requirement for a prescribed consent or authorisation to be granted, only if the relevant body has consented to the inclusion of the provision.
2 “The relevant body” is the person or body which would otherwise be required to grant the prescribed consent or authorisation.

I290151 Liability under existing regimes

An order granting development consent may not include provision the effect of which is to exclude or modify the application of—
a any provision of the Nuclear Installations Act 1965 (c. 57);
b section 28 of, and Schedule 2 to, the Reservoirs Act 1975 (c. 23) (liability for damage and injury due to escape of water from a reservoir constructed after 1930);
c section 209 of the Water Industry Act 1991 (c. 56) (civil liability of water undertakers for escapes of water from pipes);
d section 48A of the Water Resources Act 1991 (c. 57) (civil remedies for loss or damage due to water abstraction).

I291C2C3C7C10C12C13C14C16C17C18C21C22C23C27C28C31C35C41C44C45C49152 Compensation in case where no right to claim in nuisance

1 This section applies if, by virtue of section 158 or an order granting development consent, there is a defence of statutory authority in civil or criminal proceedings for nuisance in respect of any authorised works.
2 “Authorised works” are—
a development for which consent is granted by an order granting development consent;
b anything else authorised by an order granting development consent.
3 A person by whom or on whose behalf any authorised works are carried out must pay compensation to any person whose land is injuriously affected by the carrying out of the works.
4 A dispute as to whether compensation under subsection (3) is payable, or as to the amount of the compensation, must be referred to the Upper Tribunal.
5 Subsection (2) of section 10 of the Compulsory Purchase Act 1965 (c. 56) (limitation on compensation) applies to subsection (3) of this section as it applies to that section.
6 Any rule or principle applied to the construction of section 10 of that Act must be applied to the construction of subsection (3) of this section (with any necessary modifications).
7 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) applies in relation to authorised works as if—
a references in that Part to any public works were to any authorised works;
b references in that Part to the responsible authority were to the person for whose benefit the order granting development consent has effect for the time being;
c sections 1(6) and 17 were omitted.
8 An order granting development consent may not include provision the effect of which is to remove or modify the application of any of subsections (1) to (7).

Chapter 2 Changes to, and revocation of, orders

I348153 Changes to, and revocation of, orders granting development consent

Schedule 6 (changes to, and revocation of, orders granting development consent) has effect.

Chapter 3 General

I17I292154 Duration of order granting development consent

1 Development for which development consent is granted must be begun before the end of—
a the prescribed period, or
b such other period (whether longer or shorter than that prescribed) as is specified in the order granting the consent.
2 If the development is not begun before the end of the period applicable under subsection (1), the order granting development consent ceases to have effect at the end of that period.
3 Where an order granting development consent authorises the compulsory acquisition of land, steps of a prescribed description must be taken in relation to the compulsory acquisition before the end of—
a the prescribed period, or
b such other period (whether longer or shorter than that prescribed) as is specified in the order.
4 If steps of the prescribed description are not taken before the end of the period applicable under subsection (3), the authority to compulsorily acquire the land under the order ceases to have effect.

I18I293C1C60155 When development begins

1 For the purposes of this Act (except Part 11) development is taken to begin on the earliest date on which any material operation comprised in, or carried out for the purposes of, the development begins to be carried out.
2 “Material operation” means any operation except an operation of a prescribed description.

I294156 Benefit of order granting development consent

C4C51 If an order granting development consent is made in respect of any land, the order has effect for the benefit of the land and all persons for the time being interested in the land.
2 Subsection (1) is subject to subsection (3) and any contrary provision made in the order.
3 To the extent that the development for which development consent is granted is development within section 17(3), the order granting the consent has effect for the benefit of a person for the time being interested in the land only if the person is a gas transporter.

I295157 Use of buildings in respect of which development consent granted

1 If development consent is granted for development which includes the erection, extension, alteration or re-erection of a building, the order granting consent may specify the purposes for which the building is authorised to be used.
2 If no purpose is so specified, the consent is taken to authorise the use of the building for the purpose for which it is designed.

I296C11158 Nuisance: statutory authority

C8C341 This subsection confers statutory authority for—
a carrying out development for which consent is granted by an order granting development consent;
b doing anything else authorised by an order granting development consent.
C9C20C30C32C34C36C592 Statutory authority under subsection (1) is conferred only for the purpose of providing a defence in civil or criminal proceedings for nuisance.
3 Subsections (1) and (2) are subject to any contrary provision made in any particular case by an order granting development consent.

I297C64159 Interpretation: land and rights over land

1 This section applies for the purposes of this Part.
2 “Land” includes any interest in or right over land.
3 Acquiring a right over land includes acquiring it by the creation of a new right as well as by the acquisition of an existing one.

Part 8 Enforcement

Offences

I19I298C46160 Development without development consent

1 A person commits an offence if the person carries out, or causes to be carried out, development for which development consent is required at a time when no development consent is in force in respect of the development.
2 A person guilty of an offence under this section is liable—
a on summary conviction, to a fine not exceeding £50,000, or
b on conviction on indictment, to a fine. on summary conviction, or on conviction on indictment, to a fine
3 The Secretary of State may by order amend subsection (2)(a) to increase the level of the fine for the time being specified in that provision.

I20I299C47161 Breach of terms of order granting development consent

C51C631 A person commits an offence if without reasonable excuse the person—
a carries out, or causes to be carried out, development in breach of the terms of an order granting development consent, or
b otherwise fails to comply with the terms of an order granting development consent.
2 Subsection (1) is subject to section 149A(4) .
3 It is a defence for a person charged with an offence under this section to prove that—
a the breach or failure to comply occurred only because of an error or omission in the order, and
b a correction notice specifying the correction of the error or omission has been issued under paragraph 2 of Schedule 4.
4 A person guilty of an offence under this section is liable—
a on summary conviction, to a fine not exceeding £50,000, or
b on conviction on indictment, to a fine. on summary conviction, or on conviction on indictment, to a fine
5 The Secretary of State may by order amend subsection (4)(a) to increase the level of the fine for the time being specified in that provision.

I300162 Time limits

1 A person may not be charged with an offence under section 160 or 161 after the end of—
a the relevant 4-year period, or
b if subsection (3) applies, the extended period.
2 The “relevant 4-year period” means—
a in the case of an offence under section 160, the period of 4 years beginning with the date on which the development was substantially completed;
b in the case of an offence under section 161, the period of 4 years beginning with the later of—
i the date on which the development was substantially completed, and
ii the date on which the breach or failure to comply occurred.
3 This subsection applies if during the relevant 4-year period—
a an information notice has been served under section 167, or
b an injunction has been applied for under section 171.
4 The “extended period” means the period of 4 years beginning with—
a the date of service of the information notice, if subsection (3)(a) applies;
b the date of the application for the injunction, if subsection (3)(b) applies;
c the later (or latest) of those dates, if both paragraphs (a) and (b) of subsection (3) apply.

Rights of entry

I301163 Right to enter without warrant

1 This section applies in relation to any land if the relevant local planning authority has reasonable grounds for suspecting that an offence under section 160 or 161 is being, or has been, committed on or in respect of the land.
2 A person authorised in writing by the relevant local planning authority may at any reasonable hour enter the land for the purpose of ascertaining whether an offence under section 160 or 161 is being, or has been, committed on the land.
3 A person may enter a building used as a dwelling-house under subsection (2) only if 24 hours' notice of the intended entry has been given to the occupier of the building.

I302164 Right to enter under warrant

1 This section applies if it is shown to the satisfaction of a justice of the peace on sworn information in writing—
a that there are reasonable grounds for suspecting that an offence under section 160 or 161 is being, or has been, committed on or in respect of any land, and
b that the condition in subsection (2) is met.
2 The condition is that—
a admission to the land has been refused, or a refusal is reasonably apprehended, or
b the case is one of urgency.
3 The justice of the peace may issue a warrant authorising any person who is authorised in writing for the purpose by the relevant local planning authority to enter the land.
4 For the purposes of subsection (2)(a) admission to land is to be regarded as having been refused if no reply is received to a request for admission within a reasonable period.
5 A warrant authorises entry on one occasion only and that entry must be—
a before the end of the period of one month beginning with the date of the issue of the warrant, and
b at a reasonable hour, unless the case is one of urgency.

I21I303165 Rights of entry: supplementary provisions

1 A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 163 or 164 (“a relevant right of entry”)—
a must, if so required, produce evidence of the authority and state the purpose of entry before entering the land,
b may take on to the land such other persons as may be necessary, and
c must, if the person leaves the land at a time when the owner or occupier is not present, leave it as effectively secured against trespassers as it was found.
2 A person commits an offence if the person wilfully obstructs a person acting in the exercise of a relevant right of entry.
3 A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4 If any damage is caused to land or chattels in the exercise of a relevant right of entry, compensation may be recovered by any person suffering the damage from the local planning authority that authorised the entry.
5 Except so far as otherwise provided by regulations, any question of disputed compensation under subsection (4) is to be referred to and determined by the Upper Tribunal.
6 In relation to the determination of any such question, the provisions of section4 of the Land Compensation Act 1961 (c. 33) apply subject to any necessary modifications and to any other prescribed modifications.

I304166 Rights of entry: Crown land

Sections 163 and 164 do not apply to Crown land.

Information notices

I305167 Power to require information

1 This section applies in relation to any land if it appears to the relevant local planning authority that an offence under section 160 or 161 may have been committed on or in respect of the land.
2 The relevant local planning authority may serve an information notice.
3 The information notice may be served on any person who—
a is the owner or occupier of the land or has any other interest in it, or
b is carrying out operations on the land or is using it for any purpose.
4 The information notice may require the person on whom it is served to give such of the following information as may be specified in the notice—
a information about any operations being carried out in, on, over or under the land, any use of the land and any other activities being carried out in, on, over or under the land, and
b information about the provisions of any order granting development consent for development of the land.
5 An information notice must inform the person on whom it is served of the likely consequences of a failure to respond to the notice.
6 A requirement of an information notice is complied with by giving the required information to the relevant local planning authority in writing.

I306168 Offences relating to information notices

1 A person commits an offence if without reasonable excuse the person fails to comply with any requirement of an information notice served under section 167 before the end of the period mentioned in subsection (2).
2 The period referred to in subsection (1) is the period of 21 days beginning with the day on which the information notice is served.
3 A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4 A person commits an offence if the person—
a makes any statement purporting to comply with a requirement of an information notice which he knows to be false or misleading in a material respect, or
b recklessly makes such a statement which is false or misleading in a material respect.
5 A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Notices of unauthorised development

I22I307169 Notice of unauthorised development

1 Subsection (2) applies if a person is found guilty of an offence under section 160 committed on or in respect of any land.
2 The relevant local planning authority may serve a notice of unauthorised development on the person requiring such steps as may be specified in the notice to be taken—
a to remove the development, and
b to restore the land on which the development has been carried out to its condition before the development was carried out.
3 Subsection (4) applies if a person is found guilty of an offence under section 161 committed on or in respect of any land.
4 The relevant local planning authority may serve a notice of unauthorised development on the person requiring the person to remedy the breach or failure to comply.
5 A notice of unauthorised development—
a must specify the period within which any steps are required to be taken, and
b may specify different periods for different steps.
6 Where different periods apply to different steps, references in this Part to the period for compliance with a notice of unauthorised development, in relation to any step, are to the period within which the step is required to be taken.
7 A notice of unauthorised development must specify such additional matters as may be prescribed.

I23I308170 Execution of works required by notice of unauthorised development

1 If any of the steps specified in a notice of unauthorised development have not been taken before the end of the period for compliance with the notice, the relevant local planning authority may—
a enter the land on which the development has been carried out and take those steps, and
b recover from the person who is then the owner of the land any expenses reasonably incurred by it in doing so.
2 Where a notice of unauthorised development has been served in respect of development—
a any expenses incurred by the owner or occupier of the land for the purposes of complying with it, and
b any sums paid by the owner of the land under subsection (1) in respect of expenses incurred by the relevant local planning authority in taking steps required by it,
are to be deemed to be incurred or paid for the use and at the request of the person found guilty of the offence under section 160 or 161.
3 Regulations may provide that all or any of the following sections of the Public Health Act 1936 (c. 49) are to apply, subject to such adaptations and modifications as may be specified in the regulations, in relation to any steps required to be taken by a notice of unauthorised development—
  • section 276 (power of local authorities to sell materials removed in executing works under that Act subject to accounting for the proceeds of sale);
  • section 289 (power to require the occupier of any premises to permit works to be executed by the owner of the premises);
  • section 294 (limit on liability of persons holding premises as agents or trustees in respect of the expenses recoverable under that Act).
4 Regulations under subsection (3) applying all or any of section 289 of that Act may include adaptations and modifications for the purpose of giving the owner of land to which such a notice relates the right, as against all other persons interested in the land, to comply with the requirements of the notice.
5 Regulations under subsection (3) may also provide for the charging on the land on which the development is carried out of any expenses recoverable by the relevant local planning authority under subsection (1).
6 A person commits an offence if the person wilfully obstructs a person acting in the exercise of powers under subsection (1).
7 A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Injunctions

I309171 Injunctions

1 A local planning authority may apply to the court for an injunction if it considers it necessary or expedient for any actual or apprehended prohibited activity to be restrained by injunction.
2 Prohibited activity means activity that constitutes an offence under section 160 or 161 in relation to land in the area of the local planning authority.
3 On an application under this section the court may grant such an injunction as the court thinks fit for the purpose of restraining the prohibited activity.
4 In this section “the court” means the High Court or the county court.

Isles of Scilly

I310172 Isles of Scilly

1 The Secretary of State may by order provide for the exercise by the Council of the Isles of Scilly in relation to land in the Council's area of any functions exercisable by a local planning authority under any provision of this Part.
2 Before making an order under this section the Secretary of State must consult the Council of the Isles of Scilly.

The relevant local planning authority

I311173 The relevant local planning authority

1 This section applies for the purposes of this Part.
2 The relevant local planning authority in relation to any land is the local planning authority for the area in which the land is situated.This is subject to subsections (3) to (5).
3 Subsections (4) and (5) apply if the land is in an area for which there is both a district planning authority and a county planning authority.
4 If any of the relevant development is the construction or alteration of a hazardous waste facility within section 14(1)(p), the relevant local planning authority is the county planning authority.
5 In any other case, the relevant local planning authority is the district planning authority.
6 “The relevant development” is—
a if the relevant offence is an offence under section 160 or 161(1)(a), the development referred to in section 160(1) or 161(1)(a);
b if the relevant offence is an offence under section 161(1)(b), the development to which the order granting development consent mentioned in section 161(1)(b) relates.
7 “The relevant offence” is the offence by reference to which a provision of this Part confers a function on a local planning authority.

Part 9 Changes to existing planning regimes

Chapter 1 Changes related to development consent regime

Planning obligations

I312174 Planning obligations

1 TCPA 1990 is amended as follows.
2 In section 106 (planning obligations)—
a after subsection (1) insert—
;
b in subsection (9) after paragraph (a) insert—
;
c after subsection (13) insert—
3 In section 106A(11) (modification and discharge of planning obligations: meaning of “the appropriate authority”) after paragraph (a) insert—
.
4 In section 106B(1) (appeals) after “an authority” insert “ (other than the Secretary of State or the Infrastructure Planning Commission) ”.
5 After section 106B insert—

Blighted land

I336175 Blighted land: England and Wales

I351 TCPA 1990 is amended as follows.
I352 In Schedule 13 (blighted land) after paragraph 23 insert—
3 In section 150(1)(b) (notices requiring purchase of blighted land)—
a for “21 or” insert “ 21, ”,
b after “notes)” insert “ or paragraph 24 ”, and
c after “Schedule 13 and” insert “ (except in the case of land falling within paragraph 24(c) of that Schedule) ”.
I354 In section 151 (counter-notices objecting to blight notices) after subsection (7) insert—
I355 After section 165 (power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served) insert—
I356 In section 169 (meaning of “the appropriate authority” for purposes of Chapter 2 of Part 6) after subsection (5) insert—
I357 In section 170 (“appropriate enactment” for purposes of Chapter 2) after subsection (8) insert—
I358 In section 171(1) (general interpretation of Chapter 2 of Part 6) at the appropriate place insert—
.

I337176 Blighted land: Scotland

I631 The Town and Country Planning (Scotland) Act 1997 (c. 8) is amended as follows.
I632 In Schedule 14 (blighted land) after paragraph 16 insert—
I633 In section 100 (scope of Chapter 2 of Part 5) after subsection (5) insert—
4 In section 101(1)(b) (notices requiring purchase of blighted land)—
a for “or 15” substitute “ , 15 or 17 ”, and
b after “Schedule 14 and” insert “ (except in the case of land falling within paragraph 17 by virtue of paragraph 17(2)(c)) ”.
I635 In section 102 (counter-notices objecting to blight notices) after subsection (7) insert—
I636 After section 116 insert—
I637 In section 120 (meaning of “the appropriate authority” for purposes of Chapter 2 of Part 5) after subsection (4) insert—
I638 In section 121 (“appropriate enactment” for purposes of Chapter 2) after subsection (7) insert—
I639 In section 122 (general interpretation of Chapter 2 of Part 5)—
a after the definition of “crofter” insert—
, and
b after the definition of “hereditament” insert—
.

Grants

I36177 Grants for advice and assistance: England and Wales

In section 304A(1) of TCPA 1990 (grants for assisting the provision of advice and assistance in connection with planning matters), after paragraph (b) insert—
.

I64178 Grants for advice and assistance: Scotland

1 The Secretary of State may make grants for the purpose of assisting any person to provide advice and assistance in connection with any matter which is related to the application of this Act to Scotland.
2 The Secretary of State may, as respects any such grant, provide that it is to be subject to such terms and conditions as the Secretary of State thinks appropriate.

Chapter 2 Other changes to existing planning regimes

Regional functions

F29I37179 Delegation of functions of regional planning bodies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local development

I38180 Local development documents

1 PCPA 2004 is amended as follows.
2 In section 15(2) (matters which must be specified in local development scheme)—
a omit paragraph (a);
b before paragraph (b) insert—
;
c in paragraph (b) for “document” substitute “ development plan document ”;
d omit paragraph (c);
e in paragraphs (d) and (f) for “documents” substitute “ development plan documents ”.
3 In section 17 (local development documents)—
a omit subsections (1) and (2);
b in subsection (3) for “The local development documents” substitute “ The local planning authority's local development documents ”;
c in subsection (4) for the words before “in relation to development which is a county matter” substitute “ Where a county council is required to prepare a minerals and waste development scheme in respect of an area, the council's local development documents must (taken as a whole) set out the council's policies (however expressed) for that area ”;
d in subsection (7), before paragraph (a) insert—
.
4 In section 18 (statements of community involvement)—
a for subsection (3) substitute—
;
b after subsection (3) insert—
;
c omit subsections (4) to (6).
5 In section 19 (preparation of local development documents)—
a in subsection (1) for “Local development documents” substitute “ Development plan documents ”;
b in subsection (2) after “In preparing a” insert “ development plan document or any other ”;
c in subsection (3) for “other local development documents” substitute “ local development documents (other than their statement of community involvement) ”;
d in subsection (5) for “document” substitute “ development plan document ”.
6 In section 37 (interpretation of Part 2)—
a in subsection (2) for “section 17” substitute “ sections 17 and 18(3) ”;
b for subsection (3) substitute—
7 In section 38 (development plan) after subsection (8) insert—

Climate change

F30I39181 Regional spatial strategies: climate change policies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I40182 Development plan documents: climate change policies

In section 19 of PCPA 2004 (preparation of local development documents) after subsection (1) insert—

Good design

I67183 Good design

In section 39 of PCPA 2004 (sustainable development) after subsection (2) insert—

Correction of errors

I41184 Correction of errors in decisions

In section 56(3)(c) of PCPA 2004 (appropriate consent required for correction of errors) at the beginning insert “ in a case where the decision document relates to the exercise of a function in relation to Wales, ”.

Validity of strategies, plans and documents

I68I390185 Power of High Court to remit strategies, plans and documents

In section 113 of PCPA 2004 (validity of strategies, plans and documents) for subsection (7) substitute—

F495186 Power of High Court to remit unitary development plans in Wales

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of applications

I69187 Power to decline to determine applications: amendments

Schedule 7 (power to decline to determine applications: amendments) has effect.

Planning permission

I88I380188 Local development orders: removal of requirement to implement policies

1 Section 61A of TCPA 1990 (local development orders) is amended as set out in subsections (2) and (3).
2 Omit subsection (1) (requirement to implement policies).
3 In subsection (2) for “A local development order may” substitute “ A local planning authority may by order (a local development order) ”.
4 In paragraph 2 of Schedule 4A to TCPA 1990 (revision of local development orders) omit sub-paragraphs (4) and (5).

I339189 Compensation where development order or local development order withdrawn

1 Section 108 of TCPA 1990 (compensation for refusal or conditional grant of planning permission formerly granted by development order or local development order) is amended as follows.
2 After subsection (2) insert—
3 After subsection (3A) insert—
4 After subsection (4) insert—

190 Power to make non-material changes to planning permission

I1131 TCPA 1990 is amended as follows.
I1132 After section 96 insert—
I1133 In section 5(3) (purposes for which Broads Authority is the sole local district planning authority) for “97” substitute “ 96A ”.
I3404 In section 69(1) (register of applications etc)—
a after paragraph (a) insert—
,
b in subsection (2)(a) after “(1)(a)” insert “ and (aa) ”, and
c in subsection (4) after “(1)(a)” insert “ , (aa) ”.
I1135 In section 286(1) (challenges to validity on ground of authority's powers) after paragraph (a) insert—
.
I1136 In Schedule 1 (local planning authorities: distribution of functions), in paragraph 3(1), after paragraph (a) insert—
.

Validity of planning decisions

191 Validity of orders, decisions and directions

I741 Section 284(3) of TCPA 1990 (validity of certain actions on the part of the Secretary of State) is amended as follows.
I422 Before paragraph (a) insert—
.
I743 In paragraph (a) omit “for planning permission”.

Trees

I356192 Tree preservation orders

1 Chapter 1 of Part 8 of TCPA 1990 (special controls: trees) is amended as follows.
2 In section 198 (power to make tree preservation orders) omit—
a subsections (3) and (4) (provision that may be made by tree preservation orders),
b subsection (6) (matters to which tree preservation orders do not apply), and
c subsections (8) and (9) (power to make provision about application for consent under tree preservation order).
3 Omit section 199 (form of and procedure applicable to tree preservation orders).
4 Omit section 201 (provisional tree preservation orders).
5 In section 202 (power for Secretary of State or Welsh Ministers to make tree preservation orders), omit subsection (3) (procedure applicable to orders made by Secretary of State or Welsh Ministers).
6 Omit sections 203 to 205 (compensation in connection with tree preservation orders).
7 After section 202 insert—
8 Schedule 8 makes further amendments in connection with tree preservation orders.

I379193 Existing tree preservation orders: transitional provision

1 This section applies to a tree preservation order made before the appointed day.
2 With effect from the beginning of the appointed day, a tree preservation order to which this section applies shall have effect with the omission of all of its provisions other than any that have effect for the purpose of identifying the order or for the purpose of identifying the trees, groups of trees or woodlands in respect of which the order—
a is in force, or
b may at any later time be in force.
3 In this section—
  • “the appointed day”—
    1. in relation to England means the day on which subsection (1) comes fully into force in relation to England, and
    2. in relation to Wales means the day on which subsection (1) comes fully into force in relation to Wales;
  • “tree preservation order” means an order made under, or an order having effect as if made under, section 198(1) of TCPA 1990.

Use of land

I24194 Use of land: power to override easements and other rights

F431I431 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 The Welsh Ministers may by order amend Schedule 4 to the Welsh Development Agency Act 1975 (c. 70) for the purpose of authorising the use in accordance with planning permission of land acquired under section 21A of that Act, even if the use involves—
a interference with an interest or right to which paragraph 6 of that Schedule applies, or
b a breach of a restriction as to the user of land arising by virtue of a contract.
3 The power to make an order under subsection (2) is exercisable by statutory instrument.
4 The power includes—
a power to make different provision for different purposes (including different areas);
b power to make incidental, consequential, supplementary, transitional or transitory provision or savings.
5 No order may be made under subsection (2) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, the National Assembly for Wales.

Statutory undertakers

I44195 Applications and appeals by statutory undertakers

In section 266 of TCPA 1990 (applications for planning permission by statutory undertakers), after subsection (1) insert—

Determination of procedure

I45I397196 Determination of procedure for certain proceedings

1 After section 319 of TCPA 1990 insert—
2 After section 88C of the Listed Buildings Act insert—
3 After section 21 of the Hazardous Substances Act insert—
4 Schedule 10 (further provisions as to the procedure for certain proceedings) has effect.

Appeals

I75I381197 Appeals: miscellaneous amendments

Schedule 11 (appeals: miscellaneous amendments) has effect.

I76I392198 Appeals relating to old mining permissions

1 Schedule 6 to TCPA 1990 (determination of certain appeals by person appointed by Secretary of State) is amended as set out in subsections (2) and (3).
2 In paragraph 1—
a in sub-paragraph (1) after “208” insert “ of this Act, paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991 ”, and
b in sub-paragraph (4) for “any instrument made under it” substitute “ any other Act or any instrument made under this Act or any other Act ”.
3 In paragraph 2—
a after sub-paragraph (1)(d) insert—
, and
b in sub-paragraph (2) after “208(5)” insert “ of this Act and paragraph 6(2) of Schedule 2 to the Planning and Compensation Act 1991 ”.
4 In paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991 (c. 34) (registration of old mining permissions: right of appeal) after sub-paragraph (8) insert—

Fees

I77I391199 Fees for planning applications

For section 303 of TCPA 1990 substitute—

I114200 Fees for appeals

In TCPA 1990 after section 303 insert—

Meaning of “local authority”

201 Meaning of “local authority” in planning Acts

In section 336(1) of TCPA 1990 (interpretation) in the definition of “local authority” after paragraph (aa) insert—
.

Part 10 Wales

F456202 Powers of National Assembly for Wales

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

203 Power to make provision in relation to Wales

1 The Welsh Ministers may by order make provision—
a which has an effect in relation to Wales that corresponds to the effect an England-only provision has in relation to England;
b conferring power on the Welsh Ministers to do anything in relation to Wales that corresponds to anything the Secretary of State has power to do by virtue of an England-only provision.
2 The England-only provisions are—
  • section 184 (correction of errors in decisions);
  • section 189 (compensation where development order or local development order withdrawn);
  • section 190 (power to make non-material changes to planning permission);
  • section 194(1) and Schedule 9 (use of land: power to override easements and other rights);
  • section 195 (applications and appeals by statutory undertakers);
  • section 196 and Schedule 10 (determination of procedure for certain proceedings);
  • paragraphs 2(3) and (4) and 3(3) of Schedule 7.
3 Before an England-only provision is brought into force—
a the reference in subsection (1)(a) to the effect an England-only provision has is to be read as a reference to the effect the provision would have, if it were in force;
b the reference in subsection (1)(b) to anything the Secretary of State has power to do by virtue of an England-only provision is to be read as a reference to anything the Secretary of State would have power to do by virtue of the provision, if it were in force.
4 The Welsh Ministers may by order make provision for the purpose of reversing the effect of any provision made in exercise of the power conferred by subsection (1).
5 The Secretary of State may make an order in consequence of an order under subsection (1) for the purpose of ensuring that an England-only provision continues to have (or will when brought into force have) the effect in relation to England that it would have had if the order under subsection (1) had not been made.
6 An order under this section may amend, repeal, revoke or otherwise modify a provision of—
a an Act, or
b an instrument made under an Act.
7 The powers of the Welsh Ministers to make orders under this section are exercisable by statutory instrument.
8 Those powers include—
a power to make different provision for different purposes (including different areas);
b power to make incidental, consequential, supplementary, transitional or transitory provision or savings.
9 No order may be made by the Welsh Ministers under this section unless a draft of the instrument containing the order has been laid before, and approved by resolution of, the National Assembly for Wales.

204 Wales: transitional provision in relation to blighted land

1 During the transitional period the repeal by PCPA 2004 of paragraphs 3 and 4 of Schedule 13to TCPA 1990 in relation to Wales is subject to subsection (2).
2 That repeal does not affect anything which is required or permitted to be done for the purposes of Chapter 2 of Part 6 of TCPA 1990 (interests affected by planning proposals: blight) in relation to land falling within any of paragraphs F496... 3 and 4 of Schedule 13 to TCPA 1990.
3 The transitional period is the period during which—
F500a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F500b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c F499... a unitary development plan continues to form part of the development plan for an area in Wales by virtue of article 3(1) and (2) of the PCPA No.6 Order 2005.
4 In this section “PCPA No.6 Order 2005” means the Planning and Compulsory Purchase Act 2004 (Commencement No.6, Transitional Provisions and Savings) Order 2005 (S.I. 2005/2847).
5 This section is deemed to have come into force on the same day as the repeal of paragraphs 3 and 4 of Schedule 13 to TCPA 1990 came into force in relation to Wales (see Article 2(e) and (g) of the PCPA No.6 Order 2005).

C24C43C52Part 11 Community Infrastructure Levy

205 C24The levy

C251 The Secretary of State may with the consent of the Treasury make regulations providing for the imposition of a charge to be known as Community Infrastructure Levy (CIL).
2 In making the regulations the Secretary of State shall aim to ensure that the overall purpose of CIL is to ensure that costs incurred in supporting the development of an area can be funded (wholly or partly) by owners or developers of land in a way that does not make development of the area economically unviable .
3 The Table describes the provisions of this Part.
SectionTopic
Section 206The charge
Section 207Joint committees
Sections 208 and 209Liability
Section 210Charities
Section 211Amount
Sections 212 to 214Charging schedule
Section 215Appeals
Sections 216 to 216BApplication
Section 217Collection
Section 218Enforcement
Section 219Compensation
Section 220Procedure
Section 221Secretary of State
Section 222CIL regulations and orders: general
Section 223Relationship with other powers
Section 224Amendments
Section 225Repeals
4 In those sections regulations under this section are referred to as “CIL regulations”.

I56I341206 The charge

1 A charging authority may charge CIL in respect of development of land in its area.
2 A local planning authority is the charging authority for its area.
3 But—
a the Mayor of London is a charging authority for Greater London (in addition to the local planning authorities),
b the Broads Authority is the only charging authority for the Broads (within the meaning given by section 2(3) of the Norfolk and Suffolk Broads Act 1988 (c. 4)), and
c the Council of the Isles of Scilly is the only charging authority for the Isles of Scilly.
4 CIL regulations may provide for any of the following to be the charging authority for an area, or in the case of Greater London one of the charging authorities, in place of the charging authority under subsection (2), (3)(b) or (c)—
a a county council,
b a county borough council,
c a district council,
d a metropolitan district council, and
e a London borough council (within the meaning of TCPA 1990).
5 In this section, “local planning authority” has the meaning given by—
a section 37 of PCPA 2004 in relation to England, except that a Mayoral development corporation is a local planning authority for the purposes of this section only if it is the local planning authority for all purposes of Part 2 of PCPA 2004 in respect of the whole of its area and all kinds of development, and
b section 78 of PCPA 2004 in relation to Wales.
6 CIL regulations may make transitional provision in connection with, or in anticipation of, a Mayoral development corporation—
a becoming a charging authority as a result of the operation of subsection (2), or
b ceasing to be a charging authority as a result of the operation of that subsection.

207 Joint committees

1 This section applies if a joint committee that includes a charging authority is established under section 29 of PCPA 2004.
2 CIL regulations may provide that the joint committee is to exercise specified functions, in respect of the area specified in the agreement under section 29(1) of PCPA 2004, on behalf of the charging authority.
3 The regulations may make provision corresponding to provisions relating to joint committees in Part 6 of the Local Government Act 1972 (c. 70) in respect of the discharge of the specified functions.

C24C29C26C37C40C48C50C53C54C55C57C61C62C65208 Liability

1 Where liability to CIL would arise in respect of proposed development (in accordance with provision made by a charging authority under and by virtue of section 206 and CIL regulations) a person may assume liability to pay the levy.
2 An assumption of liability—
a may be made before development commences, and
b must be made in accordance with any provision of CIL regulations about the procedure for assuming liability.
3 A person who assumes liability for CIL before the commencement of development becomes liable when development is commenced in reliance on planning permission.
4 CIL regulations must make provision for an owner or developer of land to be liable for CIL where development is commenced in reliance on planning permission if—
a nobody has assumed liability in accordance with the regulations, or
b other specified circumstances arise (such as the insolvency or withdrawal of a person who has assumed liability).
5 CIL regulations may make provision about—
a joint liability (with or without several liability);
b liability of partnerships;
c assumption of partial liability (and subsection (4)(a) applies where liability has not been wholly assumed);
d apportionment of liability (which may—
i include provision for referral to a specified person or body for determination, and
ii include provision for appeals);
e withdrawal of assumption of liability;
f cancellation of assumption of liability by a charging authority (in which case subsection (4)(a) applies);
g transfer of liability (whether before or after development commences and whether or not liability has been assumed).
6 The amount of any liability for CIL is to be calculated by reference to the time when planning permission first permits the development as a result of which the levy becomes payable.
7 CIL regulations may make provision for liability for CIL to arise where development which requires planning permission is commenced without it (and subsection (6) is subject to this subsection).
8 CIL regulations may provide for liability to CIL to arise in respect of a development where—
a the development was exempt from CIL, or subject to a reduced rate of CIL charge, and
b the description or purpose of the development changes.

209 Liability: interpretation of key terms

1 In section 208 “development” means—
a anything done by way of or for the purpose of the creation of a new building, or
b anything done to or in respect of an existing building.
2 CIL regulations may provide for—
a works or changes in use of a specified kind not to be treated as development;
b the creation of, or anything done to or in respect of, a structure of a specified kind to be treated as development.
3 CIL regulations must include provision for determining when development is treated as commencing.
4 Regulations under subsection (3) may, in particular, provide for development to be treated as commencing when some specified activity or event is undertaken or occurs, where the activity or event—
a is not development within the meaning of subsection (1), but
b has a specified kind of connection with a development within the meaning of that subsection.
5 CIL regulations must define planning permission (which may include planning permission within the meaning of TCPA 1990 and any other kind of permission or consent (however called, and whether general or specific)).
6 CIL regulations must include provision for determining the time at which planning permission is treated as first permitting development; and the regulations may, in particular, make provision—
a about outline planning permission;
b for permission to be treated as having been given at a particular time in the case of general consents.
7 For the purposes of section 208—
a “owner” of land means a person who owns an interest in the land, and
b “developer” means a person who is wholly or partly responsible for carrying out a development.
8 CIL regulations may make provision for a person to be or not to be treated as an owner or developer of land in specified circumstances.

210 Charities

1 CIL regulations must provide for an exemption from liability to pay CIL in respect of a development where—
a the person who would otherwise be liable to pay CIL in respect of the development is a relevant charity in England and Wales, and
b the building or structure in respect of which CIL liability would otherwise arise is to be used wholly or mainly for a charitable purpose of the charity within the meaning of section 2 of the Charities Act 2011.
2 CIL regulations may—
a provide for an exemption from liability to pay CIL where the person who would otherwise be liable to pay CIL in respect of the development is an institution established for a charitable purpose;
b require charging authorities to make arrangements for an exemption from, or reduction in, liability to pay CIL where the person who would otherwise be liable to pay CIL in respect of the development is an institution established for a charitable purpose.
3 Regulations under subsection (1) or (2) may provide that an exemption or reduction does not apply if specified conditions are satisfied.
4 For the purposes of subsection (1), a relevant charity in England and Wales is an institution which—
a is registered in the register of charities kept by the Charity Commission under section 29 of the Charities Act 2011, or
b is a charity within the meaning of section 1(1) of the Charities Act 2011 but is not required to be registered in the register kept under section 29 of that Act .
5 In subsection (2), a charitable purpose is a purpose falling within section 3(1) of the Charities Act 2011; but CIL regulations may provide for an institution of a specified kind to be, or not to be, treated as an institution established for a charitable purpose.

I25211 Amount

1 A charging authority which proposes to charge CIL must issue a document (a “charging schedule”) setting rates, or other criteria, by reference to which the amount of CIL chargeable in respect of development in its area is to be determined.
2 A charging authority, in setting rates or other criteria, must have regard, to the extent and in the manner specified by CIL regulations, to—
a actual and expected costs of infrastructure (whether by reference to lists prepared by virtue of section 216(5)(a) or otherwise);
b matters specified by CIL regulations relating to the economic viability of development (which may include, in particular, actual or potential economic effects of planning permission or of the imposition of CIL);
c other actual and expected sources of funding for infrastructure.
3 CIL regulations may make other provision about setting rates or other criteria.
4 The regulations may, in particular, permit or require charging authorities in setting rates or other criteria—
a to have regard, to the extent and in the manner specified by the regulations, to actual or expected administrative expenses in connection with CIL;
aa to have regard, to the extent and in the manner specified by the regulations, to actual and expected costs of anything other than infrastructure that is concerned with addressing demands that development places on an area (whether by reference to lists prepared by virtue of section 216(5)(a) or otherwise);
ab to have regard, to the extent and in the manner specified by the regulations, to other actual and expected sources of funding for anything other than infrastructure that is concerned with addressing demands that development places on an area;
b to have regard, to the extent and in the manner specified by the regulations, to values used or documents produced for other statutory purposes;
c to integrate the process, to the extent and in the manner specified by the regulations, with processes undertaken for other statutory purposes;
d to produce charging schedules having effect in relation to specified periods (subject to revision).
5 The regulations may permit or require charging schedules to adopt specified methods of calculation.
6 In particular, the regulations may—
a permit or require charging schedules to operate by reference to descriptions or purposes of development;
b permit or require charging schedules to operate by reference to any measurement of the amount or nature of development (whether by reference to measurements of floor space, to numbers or intended uses of buildings, to numbers or intended uses of units within buildings, to allocation of space within buildings or units, to values or expected values or in any other way);
c permit or require charging schedules to operate by reference to the nature or existing use of the place where development is undertaken;
d permit or require charging schedules to operate by reference to an index used for determining a rate of inflation;
e permit or require charging schedules to operate by reference to values used or documents produced for other statutory purposes;
f provide, or permit or require provision, for differential rates, which may include provision for supplementary charges, a nil rate, increased rates or reductions.
I577 A charging authority may consult, or take other steps, in connection with the preparation of a charging schedule (subject to CIL regulations).
C67A A charging authority must use appropriate available evidence to inform the charging authority's preparation of a charging schedule.
7B CIL regulations may make provision about the application of subsection (7A) including, in particular—
a provision as to evidence that is to be taken to be appropriate,
b provision as to evidence that is to be taken to be not appropriate,
c provision as to evidence that is to be taken to be available,
d provision as to evidence that is to be taken to be not available,
e provision as to how evidence is, and as to how evidence is not, to be used,
f provision as to evidence that is, and as to evidence that is not, to be used,
g provision as to evidence that may, and as to evidence that need not, be used, and
h provision as to how the use of evidence is to inform the preparation of a charging schedule.
8 The regulations may require a charging authority to provide in specified circumstances an estimate of the amount of CIL chargeable in respect of development of land.
9 A charging authority may revise a charging schedule.
10 Except where subsection (11) applies, this section and sections 212 , 213 and 214(1) and (2) apply to the revision of a charging schedule as they apply to the preparation of a charging schedule. to 213 and 214(1) and (2) apply in relation to a revision of a charging schedule as they apply in relation to a charging schedule.
11 Where the only provision made by a charging schedule or a revision of a charging schedule is provision for the purpose of determining the amount of CIL chargeable in respect of street vote development—
a sections 212 to 213 and 214(1) and (2) do not apply in relation to the charging schedule or the revision of the charging schedule, and
b CIL regulations may make provision about procedural requirements that must be met before the charging schedule or revision may take effect.
12 “Street vote development” means development of land for which planning permission is granted by a street vote development order made under section 61QA of TCPA 1990.

212 Charging schedule: examination

1 Before approving a charging schedule a charging authority must appoint a person (“the examiner”) to examine a draft.
2 The charging authority must appoint someone who, in the opinion of the authority—
a is independent of the charging authority, and
b has appropriate qualifications and experience.
3 The charging authority may, with the agreement of the examiner, appoint persons to assist the examiner.
4 In this section and sections 212A and 213 “ the drafting requirements ” means the requirements of this Part and CIL regulations (including the requirements to have regard to the matters listed in section 211(2) and (4)), so far as relevant to the drafting of the schedule.
7 The examiner must consider whether the drafting requirements have been complied with and—
a make recommendations in accordance with section 212A, and
b give reasons for the recommendations.
8 The charging authority must publish the recommendations and reasons.
9 CIL regulations must require a charging authority to allow anyone who makes representations about a draft charging schedule to be heard by the examiner; and the regulations may make provision about timing and procedure.
10 CIL regulations may make provision for examiners to reconsider their decisions with a view to correcting errors (before or after the approval of a charging schedule).
11 The charging authority may withdraw a draft.
12 For exceptions to this section see section 211(11).

212A Charging schedule: examiner's recommendations

1 This section applies in relation to the examination, under section 212, of a draft charging schedule.
2 If the examiner considers—
a that there is any respect in which the drafting requirements have not been complied with, and
b that the non-compliance with the drafting requirements cannot be remedied by the making of modifications to the draft,
the examiner must recommend that the draft be rejected.
3 Subsection (4) applies if the examiner considers—
a that there is any respect in which the drafting requirements have not been complied with, and
b that the non-compliance with the drafting requirements could be remedied by the making of modifications to the draft.
4 The examiner must—
a specify the respects in which the drafting requirements have not been complied with,
b recommend modifications that the examiner considers sufficient and necessary to remedy that non-compliance, and
c recommend that the draft be approved with—
i those modifications, or
ii other modifications sufficient and necessary to remedy that non-compliance.
5 Subject to subsections (2) to (4), the examiner must recommend that the draft be approved.
6 If the examiner makes recommendations under subsection (4), the examiner may recommend other modifications with which the draft should be approved in the event that it is approved.
7 If the examiner makes recommendations under subsection (5), the examiner may recommend modifications with which the draft should be approved in the event that it is approved.
8 For exceptions to this section see section 211(11).

213 Charging schedule: approval

1 A charging authority may approve a charging schedule only if—
a the examiner makes recommendations under section 212A(4) or (5), and
b the charging authority has had regard to those recommendations and the examiner's reasons for them.
1A Accordingly, a charging authority may not approve a charging schedule if, under section 212A(2), the examiner recommends rejection.
1B If the examiner makes recommendations under section 212A(4), the charging authority may approve the charging schedule only if it does so with modifications that are sufficient and necessary to remedy the non-compliance specified under section 212A(4)(a) (although those modifications need not be the ones recommended under section 212A(4)(b)).
1C If a charging authority approves a charging schedule, it may do so with all or none, or some one or more, of the modifications (if any) recommended under section 212A(6) or (7).
1D The modifications with which a charging schedule may be approved include only—
a modifications required by subsection (1B), and
b modifications allowed by subsection (1C).
2 A charging authority (other than the Mayor of London) must approve a charging schedule—
a at a meeting of the authority, and
b by a majority of votes of members present.
3 The Mayor of London must approve a charging schedule personally.
3A Subsection (3B) applies if—
a the examiner makes recommendations under section 212A(4), and
b the charging schedule is approved by the charging authority.
3B The charging authority must publish a report setting out how the charging schedule as approved remedies the non-compliance specified under section 212A(4)(a).
3C CIL regulations may make provision about the form or contents of a report under subsection (3B).
4 CIL regulations may make provision for the correction of errors in a charging schedule after approval.
5 In this section “ examiner ” means examiner under section 212.
6 For exceptions to this section see section 211(11).

214 Charging schedule: effect

1 A charging schedule approved under section 213 may not take effect before it is published by the charging authority.
2 CIL regulations may make provision about publication of a charging schedule after approval.
3 A charging authority may determine that a charging schedule is to cease to have effect.
4 CIL regulations may provide that a charging authority may only make a determination under subsection (3) in circumstances specified by the regulations.
5 A charging authority (other than the Mayor of London) must make a determination under subsection (3)—
a at a meeting of the authority, and
b by a majority of votes of members present.
6 The Mayor of London must make a determination under subsection (3) personally.
7 For exceptions to subsections (1) and (2) of this section see section 211(11).

214A Secretary of State: power to require review of certain charging schedules

1 This section applies where—
a a charging schedule makes provision for the purpose of determining the amount of CIL chargeable in respect of street vote development, and
b section 211(11) applied in relation to the charging schedule or the revision of the charging schedule in connection with making such provision.
2 The Secretary of State may direct a charging authority to review the charging schedule if the Secretary of State considers that—
a the economic viability of street vote development in the charging authority’s area is significantly impaired, or
b there is a substantial risk that it will become significantly impaired,
as a result of the CIL which is or will be chargeable in respect of street vote development in that area.
3 If a charging authority is directed to review its charging schedule under subsection (2), it must—
a consider whether to revise the charging schedule under section 211(9), and
b notify the Secretary of State of its decision with reasons.
4 If the charging authority decides to revise the charging schedule, it must do so within a reasonable time.
5 If a charging authority has not complied with a direction given under subsection (2) within a reasonable time and to a standard which the Secretary of State considers adequate, the Secretary of State may appoint a person to do so on behalf of the charging authority.
6 If a person appointed under subsection (5) decides that the charging schedule should be revised, the charging authority must revise the schedule accordingly within a reasonable time.
7 If the charging authority fails to revise the charging schedule in accordance with subsection (4) or (6), the Secretary of State may appoint a person to do so on behalf of the charging authority.
8 CIL regulations may make provision about—
a procedures for appointing a person under subsection (5) or (7),
b conditions which must be met before such an appointment may be made,
c procedures which must be followed by the person in complying with a direction given under subsection (2) or revising the charging schedule under subsection (7),
d circumstances in which the person may be replaced,
e duties of a charging authority where a person is appointed to act on its behalf under subsection (5) or (7),
f liability for costs incurred as a result of the appointment of the person, and
g what constitutes a reasonable time under subsections (4) to (6).
9 In this section “street vote development” has the meaning given by section 211(12).

215 Appeals

1 CIL regulations must provide for a right of appeal on a question of fact in relation to the application of methods for calculating CIL to a person appointed by the Commissioners for Her Majesty's Revenue and Customs.
2 The regulations must require that the person appointed under subsection (1) is—
a a valuation officer appointed under section 61 of the Local Government Finance Act 1988 (c. 41), or
b a district valuer within the meaning of section 622 of the Housing Act 1985 (c. 68).
3 Regulations under this section or section 208(5)(d)(ii) may, in particular, make provision about—
a the period within which the right of appeal may be exercised,
b the procedure on an appeal, and
c the payment of fees, and award of costs, in relation to an appeal.
4 In any proceedings for judicial review of a decision on an appeal, the defendant shall be the Commissioners for Her Majesty's Revenue and Customs and not the person appointed under subsection (1).

216 Application

1 Subject to sections 216A(1), 216B(2) and 219(5), CIL regulations must require the authority that charges CIL to apply it, or cause it to be applied, to supporting development by funding the provision, improvement, replacement, operation or maintenance of infrastructure.
2 In this section (except subsection (3)) and sections 216A(2) and 216B(2) “infrastructure” includes—
a roads and other transport facilities,
b flood defences,
c schools and other educational facilities,
d medical facilities,
e sporting and recreational facilities,and
f open spaces.
fa where the CIL is chargeable in respect of street vote development, affordable housing.
F33g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 The regulations may amend subsection (2) so as to—
a add, remove or vary an entry in the list of matters included within the meaning of “infrastructure”;
b list matters excluded from the meaning of “infrastructure”.
4 The regulations may specify—
a works, installations and other facilities whose provision, improvement or replacement may or is to be, or may not be, funded by CIL,
aa maintenance activities and operational activities (including operational activities of a promotional kind) in connection with infrastructure that may or are to be, or may not be, funded by CIL,
ab things within section 216A(2)(b) that may or are to be, or may not be, funded by CIL passed to a person in discharge of a duty under section 216A(1),
ac things within section 216B(2)(b) that may or are to be, or may not be, funded by CIL to which provision under section 216B(2) relates,
b criteria for determining the areas that may benefit from funding by CIL in respect of land, and
c what is to be, or not to be, treated as funding.
5 The regulations may—
a require charging authorities to prepare and publish a list of what is to be, or may be, wholly or partly funded by CIL;
b include provision about the procedure to be followed in preparing a list (which may include provision for consultation, for the appointment of an independent person or a combination);
c include provision about the circumstances in which a charging authority may and may not apply CIL toanything not included on the list.
6 In making provision about funding the regulations may, in particular—
a permit CIL to be used to reimburse expenditure already incurred;
b permit CIL to be reserved for expenditure that may be incurred in the future;
c permit CIL to be applied (either generally or subject to limits set by or determined in accordance with the regulations) to administrative expenses in connection with infrastructureor anything within section 216A(2)(b) or 216B(2)(b) or in connection with CIL;
d include provision for the giving of loans, guarantees or indemnities;
e make provision about the application of CIL where anything to which it was to be applied no longerrequires funding.
7 The regulations may—
a require a charging authority to account separately, and in accordance with the regulations, for CIL received or due;
b require a charging authority to monitor the use made and to be made of CIL in its area;
c require a charging authority to report on actual or expected charging, collection and application of CIL;
d permit a charging authority to cause money to be applied in respect of things done outside its area;
e permit a charging authority or other body to spend money;
f permit a charging authority to pass money to another body (and in paragraphs (a) to (e) a reference to a charging authority includes a reference to a body to which a charging authority passes money in reliance on this paragraph).
8 In this section—
  • “affordable housing” means—
    1. social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and
    2. any other description of housing that CIL regulations may specify;
  • “street vote development” has the meaning given by section 211(12).

216A Duty to pass receipts to other persons

1 CIL regulations may require that CIL received in respect of development of land in an area is to be passed by the charging authority that charged the CIL to a person other than that authority.
2 CIL regulations must contain provision to secure that money passed to a person in discharge of a duty under subsection (1) is used to support the development of the area to which the duty relates, or of any part of that area, by funding—
a the provision, improvement, replacement, operation or maintenance of infrastructure, or
b anything else that is concerned with addressing demands that development places on an area.
3 A duty under subsection (1) may relate to—
a the whole of a charging authority's area or the whole of the combined area of two or more charging authorities, or
b part only of such an area or combined area.
4 CIL regulations may make provision about the persons to whom CIL may or must, or may not, be passed in discharge of a duty under subsection (1).
5 A duty under subsection (1) may relate—
a to all CIL (if any) received in respect of the area to which the duty relates, or
b such part of that CIL as is specified in, or determined under or in accordance with, CIL regulations.
6 CIL regulations may make provision in connection with the timing of payments in discharge of a duty under subsection (1).
7 CIL regulations may, in relation to CIL passed to a person in discharge of a duty under subsection (1), make provision about—
a accounting for the CIL,
b monitoring its use,
c reporting on its use,
d responsibilities of charging authorities for things done by the person in connection with the CIL,
e recovery of the CIL, and any income or profits accruing in respect of it or from its application, in cases where—
i anything to be funded by it has not been provided, or
ii it has been misapplied,
including recovery of sums or other assets representing it or any such income or profits, and
f use of anything recovered in cases where—
i anything to be funded by the CIL has not been provided, or
ii the CIL has been misapplied.
8 This section does not limit section 216(7)(f).

216B Use of CIL in an area to which section 216A(1) duty does not relate

1 Subsection (2) applies where—
a there is an area to which a particular duty under section 216A(1) relates, and
b there is also an area to which that duty does not relate (“the uncovered area”).
2 CIL regulations may provide that the charging authority that charges CIL received in respect of development of land in the uncovered area may apply the CIL, or cause it to be applied, to—
a support development by funding the provision, improvement, replacement, operation or maintenance of infrastructure, or
b support development of the uncovered area, or of any part of that area, by funding anything else that is concerned with addressing demands that development places on an area.
3 Provision under subsection (2) may relate to the whole, or part only, of the uncovered area.
4 Provision under subsection (2) may relate—
a to all CIL (if any) received in respect of the area to which the provision relates, or
b such part of that CIL as is specified in, or determined under or in accordance with, CIL regulations.

217 Collection

1 CIL regulations must include provision about the collection of CIL.
2 The regulations may make provision for payment—
a on account;
b by instalments.
3 The regulations may make provision about repayment (with or without interest) in cases of overpayment.
4 The regulations may make provision about payment in forms other than money (such as making land available, carrying out works or providing services).
5 The regulations may permit or require a charging authority or other public authority to collect CIL charged by another authority; and section 216(7)(a) and (c) apply to a collecting authority in respect of collection as to a charging authority.
6 Regulations under this section may replicate or apply (with or without modifications) any enactment relating to the collection of a tax.
7 Regulations under this section may make provision about the source of payments in respect of Crown interests.

218 Enforcement

1 CIL regulations must include provision about enforcement of CIL.
2 The regulations must make provision about the consequences of late payment and failure to pay.
3 The regulations may make provision about the consequences of failure to assume liability, to give a notice or to comply with another procedure under CIL regulations in connection with CIL.
4 The regulations may, in particular, include provision—
a for the payment of interest;
b for the imposition of a penalty or surcharge;
c for the suspension or cancellation of a decision relating to planning permission;
d enabling an authority to prohibit development pending assumption of liability for CIL or pending payment of CIL;
e conferring a power of entry onto land;
f requiring the provision of information;
g creating a criminal offence (including, in particular, offences relating to evasion or attempted evasion or to the provision of false or misleading information or failure to provide information, and offences relating to the prevention or investigation of other offences created by the regulations);
h conferring power to prosecute an offence;
i for enforcement of sums owed (whether by action on a debt, by distraint against goods or in any other way);
j conferring jurisdiction on a court to grant injunctive or other relief to enforce a provision of the regulations (including a provision included in reliance on this section);
k for enforcement in the case of death or insolvency of a person liable for CIL.
5 CIL regulations may include provision (whether or not in the context of late payment or failure to pay) about registration or notification of actual or potential liability to CIL; and the regulations may include provision—
a for the creation of local land charges;
b for the registration of local land charges;
c for enforcement of local land charges (including, in particular, for enforcement—
i against successive owners, and
ii by way of sale or other disposal with consent of a court);
d for making entries in statutory registers;
e for the cancellation of charges and entries.
6 Regulations under this section may—
a replicate or apply (with or without modifications) any enactment relating to the enforcement of a tax;
b provide for appeals.
7 Regulations under this section may provide that any interest, penalty or surcharge payable by virtue of the regulations is to be treated for the purposes of sections 216 to 220 as if it were CIL.
8 The regulations providing for a surcharge or penalty must ensure that no surcharge or penalty in respect of an amount of CIL exceeds the higher of—
a 30% of that amount, and
b £20,000.
9 But the regulations may provide for more than one surcharge or penalty to be imposed in relation to a CIL charge.
10 The regulations may not authorise entry to a private dwelling without a warrant issued by a justice of the peace.
11 Regulations under this section creating a criminal offence may not provide for—
a imprisonment for a term exceeding the maximum term for summary offences, on summary conviction for an offence triable summarily only,
b imprisonment for a term exceeding the general limit in a magistrates’ court, on summary conviction for an offence triable either way, or
c imprisonment for a term exceeding 2 years, on conviction on indictment.
12 In subsection (11)(a), “the maximum term for summary offences” means—
a in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;
b in relation to an offence committed after that time, 51 weeks.
13 In this Part a reference to administrative expenses in connection with CIL includes a reference to enforcement expenses.

219 Compensation

1 CIL regulations may require a charging authority or other public authority to pay compensation in respect of loss or damage suffered as a result of enforcement action.
2 In this section, “enforcement action” means action taken under regulations under section 218, including—
a the suspension or cancellation of a decision relating to planning permission, and
b the prohibition of development pending assumption of liability for CIL or pending payment of CIL.
3 The regulations shall not require payment of compensation—
a to a person who has failed to satisfy a liability to pay CIL, or
b in other circumstances specified by the regulations.
4 Regulations under this section may make provision about—
a the time and manner in which a claim for compensation is to be made, and
b the sums, or the method of determining the sums, payable by way of compensation.
5 CIL regulations may permit or require a charging authority to apply CIL (either generally or subject to limits set by or determined in accordance with the regulations) for expenditure incurred under this section.
6 A dispute about compensation may be referred to and determined by the Upper Tribunal.
7 In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 (c. 33) apply subject to any necessary modifications and to the provisions of CIL regulations.

220 Community Infrastructure Levy: procedure

1 CIL regulations may include provision about procedures to be followed in connection with CIL.
2 In particular, the regulations may make provision about—
a procedures to be followed by a charging authority proposing to begin charging CIL;
b procedures to be followed by a charging authority in relation to charging CIL;
c procedures to be followed by a charging authority proposing to stop charging CIL;
d consultation;
e the publication or other treatment of reports;
f timing and methods of publication;
g making documents available for inspection;
h providing copies of documents (with or without charge);
i the form and content of documents;
j giving notice;
k serving notices or other documents;
l examinations to be held in public in the course of setting or revising rates or other criteria or of preparing lists;
m the terms and conditions of appointment of independent persons;
n remuneration and expenses of independent persons (which may be required to be paid by the Secretary of State or by a charging authority);
o other costs in connection with examinations;
p reimbursement of expenditure incurred by the Secretary of State (including provision for enforcement);
q apportionment of costs;
r combining procedures in connection with CIL with procedures for another purpose of a charging authority (including a purpose of that authority in another capacity);
s procedures to be followed in connection with actual or potential liability for CIL.
3 CIL regulations may make provision about the procedure to be followed in respect of an exemption from CIL or a reduction of CIL; in particular, the regulations may include provision—
a about the procedure for determining whether any conditions are satisfied;
b requiring a charging authority or other person to notify specified persons of any exemption or reduction;
c requiring a charging authority or other person to keep a record of any exemption or reduction.
4 A provision of this Part conferring express power to make procedural provision in a specified context includes, in particular, power to make provision about the matters specified in subsection (2).
5 A power in this Part to make provision about publishing something includes a power to make provision about making it available for inspection.
6 Sections 229 to 231 do not apply to this Part (but CIL regulations may make similar provision).

221 Secretary of State

The Secretary of State may give guidance to a charging authority or other public authority (including an examiner appointed under section 212) about any matter connected with CIL; and the authority must have regard to the guidance.

222 Regulations and orders: general

1 CIL regulations—
a may make provision that applies generally or only to specified cases, circumstances or areas,
b may make different provision for different cases, circumstances or areas,
c may provide, or allow a charging schedule to provide, for exceptions,
d may confer, or allow a charging schedule to confer, a discretionary power on the Secretary of State, a local authority or another specified person,
e may apply an enactment, with or without modifications, and
f may include provision of a kind permitted by section 232(3)(b) (and incidental, supplemental or consequential provision may include provision disapplying, modifying the effect of or amending an enactment).
2 CIL regulations—
a shall be made by statutory instrument, and
b shall not be made unless a draft has been laid before and approved by resolution of the House of Commons.
3 An order under section 218(12) or 225(2)—
a shall be made by statutory instrument, and
b may include provision of a kind permitted by subsection (1)(a), (b) or (f) above, but may not amend an Act of Parliament in reliance on subsection (1)(f).
4 An order under section 218(12) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
5 An order under section 225(2) shall be subject to annulment in pursuance of a resolution of the House of Commons.

223 Relationship with other powers

1 CIL regulations may include provision about how the following powers are to be used, or are not to be used—
a section 106 of TCPA 1990 (planning obligations), and
b section 278 of the Highways Act 1980 (c. 66) (execution of works).
2 CIL regulations may include provision about the exercise of any other power relating to planning or development.
3 The Secretary of State may give guidance to a charging or other authority about how a power relating to planning or development is to be exercised; and authorities must have regard to the guidance.
4 Provision may be made under subsection (1) or (2), and guidance may be given under subsection (3), only if the Secretary of State thinks it necessary or expedient for—
a complementing the main purpose of CIL regulations,
b enhancing the effectiveness, or increasing the use, of CIL regulations,
c preventing agreements, undertakings or other transactions from being used to undermine or circumvent CIL regulations,
d preventing agreements, undertakings or other transactions from being used to achieve a purpose that the Secretary of State thinks would better be achieved through the application of CIL regulations, or
e preventing or restricting the imposition of burdens, the making of agreements or the giving of undertakings, in addition to CIL.
5 CIL regulations may provide that a power to give guidance or directions may not be exercised—
a in relation to matters specified in the regulations,
b in cases or circumstances specified in the regulations,
c for a purpose specified in the regulations, or
d to an extent specified in the regulations.

224 Community Infrastructure Levy: amendments

I581 In section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities) after subsection (6) insert—
2 In section 9 of the Norfolk and Suffolk Broads Act 1988 (c. 4) (the Navigation Committee)—
a in subsection (8), after “Subject” insert “ to subsection (8A) and ”;
b after subsection (8) insert—
I3383 In section 71(3) of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out: functions of local authorities) omit the word “and” at the end of paragraph (g) and after paragraph (h) insert
I584 In section 38 of the Greater London Authority Act 1999 (c. 29) (delegation), after subsection (2) insert—

225 Community Infrastructure Levy: repeals

1 The following provisions of PCPA 2004 shall cease to have effect—
a sections 46 to 48 (planning contribution), and
b paragraph 5 of Schedule 6 (repeal of sections 106 to 106B of TCPA 1990 (planning obligations)).
2 The Treasury may by order repeal the Planning-gain Supplement (Preparations) Act 2007 (c. 2).

Part 12 Final provisions

The Crown and Parliament

226 The Crown

1 This Act binds the Crown, subject to subsections (2) and (3).
2 Sections 40, 54, 135, 166, 228 and 231 make special provision in relation to the application of some provisions of this Act to the Crown.
3 The amendments made by this Act bind the Crown only to the extent that the provisions amended bind the Crown.

227 “Crown land” and “the appropriate Crown authority”

1 In this Act, “Crown land” and “the appropriate Crown authority” must be read in accordance with this section.
2 “Crown land” is land in which there is a Crown interest or a Duchy interest.
3 For the purposes of this section, a Crown interest is any of the following—
a an interest belonging to Her Majesty in right of the Crown or in right of Her private estates;
b an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
c an interest belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty for the purposes of the Scottish Administration by such an office-holder;
d the interest of the Speaker of the House of Lords in those parts of the Palace of Westminster and its precincts occupied on 23 March 1965 by or on behalf of the House of Lords;
e the interest of the Speaker of the House of Commons in those parts of the Palace of Westminster and its precincts occupied on 23 March 1965 by or on behalf of the House of Commons;
f the interest in any land of—
i the Corporate Officer of the House of Lords;
ii the Corporate Officer of the House of Commons;
iii those two Corporate Officers acting jointly;
g such other interest as the Secretary of State specifies by order.
4 For the purposes of this section, a Duchy interest is—
a an interest belonging to Her Majesty in right of the Duchy of Lancaster, or
b an interest belonging to the Duchy of Cornwall.
5 “The appropriate Crown authority” in relation to any land is—
a in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;
b in relation to any other land belonging to Her Majesty in right of the Crown, the government department or, as the case may be, office-holder in the Scottish Administration, having the management of the land or the relevant person;
c in relation to land belonging to Her Majesty in right of Her private estates, a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State;
d in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;
e in relation to land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy, appoints;
f in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the department;
g in the case of land belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty for the purposes of such an office-holder, the office-holder;
h in relation to Westminster Hall and the Chapel of St Mary Undercroft, the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly;
i in relation to Her Majesty's Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, the Lord Great Chamberlain.
j in relation to land in which there is a Crown interest by virtue of subsection (3)(d) or (f)(i), the Corporate Officer of the House of Lords;
k in relation to land in which there is a Crown interest by virtue of subsection (3)(e) or (f)(ii), the Corporate Officer of the House of Commons;
l in relation to land in which there is a Crown interest by virtue of subsection (3)(f)(iii), those two Corporate Officers acting jointly.
5A In subsection (5), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.
6 If any question arises as to what authority is the appropriate Crown authority in relation to any land it must be referred to the Treasury, whose decision is final.
7 References to Her Majesty's private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).
8 References to an office-holder in the Scottish Administration are to be construed in accordance with section 126(7) of the Scotland Act 1998 (c. 46).

228 Enforcement in relation to the Crown and Parliament

1 No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.
2 For the purposes of this section “the Crown” includes—
a the Duchy of Lancaster;
b the Duchy of Cornwall;
c the Speaker of the House of Lords;
d the Speaker of the House of Commons;
e the Corporate Officer of the House of Lords;
f the Corporate Officer of the House of Commons.

Service of notices and other documents

229 Service of notices: general

1 A notice or other document required or authorised to be served, given or supplied under this Act may be served, given or supplied in any of these ways—
a by delivering it to the person on whom it is to be served or to whom it is to be given or supplied,
b by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address,
c by sending it by post, addressed to that person at that person's usual or last known place of abode or, in a case where an address for service has been given by that person, at that address,
d by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at that person's usual or last known place of abode or, in a case where an address for service has been given by that person, at that address,
e in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in subsection (2), to that person at that address,
f in the case of an incorporated company or body—
i by delivering it to the secretary or clerk of the company or body at their registered or principal office,
ii by sending it by post, addressed to the secretary or clerk of the company or body at that office,
iii by sending it in a prepaid registered letter or, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.
2 The condition mentioned in subsection (1)(e) is that the notice or other document must be—
a capable of being accessed by the person mentioned in that provision,
b legible in all material respects, and
c in a form sufficiently permanent to be used for subsequent reference.
3 For the purposes of subsection (2), “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.
4 Subsection (1)(c), (e) and (f)(ii) do not apply to the service, giving or supply of any of the following—
a notice under section 53(4)(b);
b a compulsory acquisition notice under section 134;
c notice under section 163(3);
d an information notice under section 167;
e a notice of unauthorised development under section 169.
5 This section is without prejudice to section 233 of the Local Government Act 1972 (c. 70) (general provisions as to service of notices by local authorities).
6 This section is subject to any contrary provision made by or under this Act.

230 Service of documents to persons interested in or occupying premises

1 Subsection (2) applies if—
a a notice or document is required or authorised to be served on or given or supplied to any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or
b a notice or document is required or authorised to be served on or given or supplied to any person as an occupier of premises.
2 The notice or document is to be taken to be duly served, given or supplied if either the condition in subsection (3) or the condition in subsection (4) is met.
3 The condition is that the notice or document—
a is addressed to the person either by name or by the description of “the owner” or, as the case may be, “the occupier” of the premises (describing them), and
b is delivered or sent—
i in the case of a notice mentioned in section 229(4), in the manner specified in section 229(1)(a), (b) or (d), and
ii in any other case, in the manner specified in section 229(1)(a), (b), (c) or (d).
4 The condition is that the notice or document is so addressed and is marked in such a manner as may be prescribed for securing that it is plainly identifiable as an important communication and—
a it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or
b it is delivered to a person on those premises, or is affixed conspicuously to an object on those premises.
5 Subsection (6) applies if—
a a notice or other document is required to be served on or given or supplied to all persons who have interests in or are occupiers of premises comprised in any land, and
b it appears to the authority required or authorised to serve, give or supply the notice or other document that any part of that land is unoccupied.
6 The notice or other document is to be taken to be duly served on or given or supplied to all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if—
a it is addressed to “the owners and any occupiers” of that part of the land (describing it), and
b it is affixed conspicuously to an object on the land.
7 This section is subject to any contrary provision made by or under this Act.

231 Service of notices on the Crown and Parliament

1 Any notice or other document required under this Act to be served on or given or supplied to the Crown must be served on or given or supplied to the appropriate Crown authority.
2 Sections 229 and 230 do not apply for the purposes of the service, giving or supply of such a notice or document.
3 For the purposes of this section “the Crown” includes—
a the Duchy of Lancaster;
b the Duchy of Cornwall;
c the Speaker of the House of Lords;
d the Speaker of the House of Commons;
e the Corporate Officer of the House of Lords;
f the Corporate Officer of the House of Commons.

General

232 Orders and regulations

1 Subsections (2) and (3) apply to a power to make an order or regulations conferred on the Secretary of State by this Act, except—
a power to make an order granting development consent;
b a power conferred by paragraph 1(4) of Schedule 4;
c a power to make changes to, or revoke, an order granting development consent;
d a power conferred by Part 11 or section 237 or 241.
2 The power is exercisable by statutory instrument.
3 The power includes—
a power to make different provision for different purposes (including different areas);
b power to make incidental, consequential, supplementary, transitional or transitory provision or savings.
4 A statutory instrument containing an order or regulations under this Act is subject to annulment pursuant to a resolution of either House of Parliament.This is subject to subsection (5) (and section 222(5)).
5 Subsection (4) does not apply to a statutory instrument containing—
a an order granting development consent;
b an order made by virtue of paragraph 1(8) of Schedule 4;
c an order changing or revoking an order granting development consent;
d an order under section 14(3), 33(5), 111, 160(3), 161(5), 172(1), 203(5) or 227(3)(g);
e regulations under section 35(2)(a)(ii), 104(2)(c) or 105(2)(b).
6 No order may be made under section 14(3), 33(5), 111, 160(3), 161(5), 203(5) or 227(3)(g) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.
7 No regulations may be made under section 35(2)(a)(ii), 104(2)(c) or 105(2)(b) unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.

233 Directions

1 A direction given under this Act must be in writing.
2 A power conferred by this Act to give a direction includes power to vary or revoke the direction.

234 Abbreviated references to Acts

In this Act—
  • “the Hazardous Substances Act” means the Planning (Hazardous Substances) Act 1990 (c. 10);
  • “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9);
  • “PCPA 2004” means the Planning and Compulsory Purchase Act 2004 (c. 5);
  • “TCPA 1990” means the Town and Country Planning Act 1990 (c. 8).

235 Interpretation

1 In this Act (except in Part 11)—
  • “airport” has the meaning given by section 82(1) of the Airports Act 1986 (c. 31);
  • “alteration”, in relation to an airport, must be read in accordance with section 23(6);
  • “alteration”, in relation to a highway, includes stopping up the highway or diverting, improving, raising or lowering it;
  • “appropriate Crown authority” has the meaning given by section 227;
  • “building” has the meaning given by section 336(1) of TCPA 1990;
  • F311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • F311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • “construction”, in relation to so much of a generating station as comprises or is to comprise renewable energy installations, has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (c. 20) (see section 104 of that Act) (and related expressions must be read accordingly);
  • “construction”, in relation to a pipe-line, includes placing (and related expressions must be read accordingly);
  • F311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • “cross-country pipe-line” has the same meaning as in the Pipe-lines Act 1962 (c. 58) (see section 66 of that Act);
  • “Crown land” has the meaning given by section 227;
  • F311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • “deployable output” means, in relation to a given facility, the annual average volume of water that can be produced per day from that facility under drought conditions, having regard in particular (where applicable) to—
    1. the hydrological yield of the facility;
    2. the quantity of water licensed for abstraction;
    3. the state of the local environment;
    4. the properties of any—
      1. pumping plant;
      2. well;
      3. aquifer;
      4. raw water main;
      5. aqueduct;
      6. transfer main;
      7. output main;
    5. any water treatment processes;
    6. any requirements relating to water quality;
  • “desalination plant” means a facility for the extraction of mineral components from saline water;
  • “development” has the meaning given by section 32;
  • “development consent” has the meaning given by section 31;
  • “drought conditions” means conditions resulting from a shortage of precipitation that has a 0.5% chance of occurring within a 12 month period;
  • “electric line” has the same meaning as in Part 1 of the Electricity Act 1989 (c. 29) (see section 64(1) of that Act);
  • “extension”, in relation to a generating station, has the meaning given by section 36(9) of the Electricity Act 1989 (and “extend” must be read accordingly);
  • “gas” includes natural gas;
  • “gas reception facility” must be read in accordance with section 19(3);
  • “gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (c. 44) (see section 7(1) of that Act);
  • “generating station” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1) of that Act);
  • “goods” has the meaning given by section 83(1) of the Railways Act 1993 (c. 43);
  • “Green Belt land” has the meaning given by section 2(1) of the Green Belt (London and Home Counties) Act 1938 (c. xciii);
  • “harbour” and “harbour authority” have the meanings given by section 57(1) of the Harbours Act 1964 (c. 40);
  • “highway” has the meaning given by section 328 of the Highways Act 1980 (c. 66);
  • “highway authority” has the same meaning as in the Highways Act 1980 (c. 66) (see sections 1 to 3 of that Act);
  • “improvement”, in relation to a highway, has the meaning given by section 329(1) of the Highways Act 1980;
  • “inland waters” has the same meaning as in the Water Resources Act 1991 (c. 57) (see section 221(1) of that Act);
  • “land” includes buildings and monuments, and land covered with water, and in relation to Part 7 must be read in accordance with section 159;
  • “LNG facility” must be read in accordance with section 18(3);
  • “local planning authority” has the same meaning as in TCPA 1990 (see section 336(1) of that Act);
  • “monument” has the same meaning as in the Ancient Monuments and Archaeological Areas Act 1979 (c. 46) (see section 61 of that Act);
  • “nationally significant infrastructure project” has the meaning given by Part 3;
  • “national policy statement” has the meaning given by section 5(2);
  • “natural gas” means any gas derived from natural strata (including gas originating outside the United Kingdom);
  • “navigable watercourse” has the same meaning as in Part 6 of the Highways Act 1980 (see section 111(1) of that Act);
  • “non-navigable watercourse” means a watercourse that is not a navigable watercourse;
  • “pipe-line” has the meaning given by section 65 of the Pipe-lines Act 1962 (c. 58);
  • “planning permission” means permission under Part 3 or, in relation to England, Part 13 of TCPA 1990;
  • “prescribed” means prescribed by regulations made by the Secretary of State (except in relation to matters authorised or required by this Act to be prescribed in another way);
  • “rail freight interchange” means a facility for the transfer of goods between railway and road, or between railway and another form of transport;
  • “railway” has the meaning given by section 67(1) of the Transport and Works Act 1992 (c. 42);
  • “renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (c. 20) (see section 104 of that Act);
  • “Renewable Energy Zone” has the meaning given by section 84(4) of the Energy Act 2004;
  • “special road” means a highway which is a special road in accordance with section 16 of the Highways Act 1980 or by virtue of an order granting development consent;
  • “standard”, in relation to a volume of gas, means the volume of gas at a pressure of 101.325 kiloPascals and a temperature of 273 Kelvin;
  • “trunk road” means a highway which is a trunk road by virtue of—
    1. section 10(1) or 19 of the Highways Act 1980,
    2. an order or direction under section 10 of that Act, or
    3. an order granting development consent,
    or under any other enactment;
  • “underground gas storage facilities” must be read in accordance with section 17(6);
  • “use” has the meaning given by section 336(1) of TCPA 1990.
2 A reference in this Act to a right over land includes a reference to a right to do, or to place and maintain, anything in, on or under land or in the air-space above its surface.
3 Subsection (4) applies to the question of which parts of waters up to the seaward limits of the territorial sea—
a are adjacent to Wales (and, in consequence, are not adjacent to England), or
b are not adjacent to Wales (and, in consequence, are adjacent to England).
4 The question is to be determined by reference to an order or Order in Council made under or by virtue of section 158(3) or (4) of the Government of Wales Act 2006 (c. 32) (apportionment of sea areas) if, or to the extent that, the order or Order in Council is expressed to apply—
a by virtue of this subsection, for the purposes of this Act, or
b if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.
5 Subsection (6) applies to the question of which parts of waters up to the seaward limits of the territorial sea—
a are adjacent to Scotland (and, in consequence, are not adjacent to England), or
b are not adjacent to Scotland (and, in consequence, are adjacent to England).
6 The question is to be determined by reference to an Order in Council made under section 126(2) of the Scotland Act 1998 (c. 46) if, or to the extent that, the Order in Council is expressed to apply—
a by virtue of this subsection, for the purposes of this Act, or
b if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.

I65236 Application of Act to Scotland: modifications

The modifications set out in Schedule 12 have effect in the application of this Act to Scotland for the purpose mentioned in section 240(4).

237 Supplementary and consequential provision

1 The Secretary of State may by order made by statutory instrument make—
a such supplementary, incidental or consequential provision, or
b such transitory, transitional or saving provision,
as the Secretary of State thinks appropriate for the general purposes, or any particular purpose, of this Act or in consequence of, or for giving full effect to, any provision made by this Act.
2 The power conferred by subsection (1) includes power to make different provision for different purposes (including different areas).
3 An order under subsection (1) may amend, repeal, revoke or otherwise modify—
a an Act passed on or before the last day of the Session in which this Act is passed, or
b an instrument made under an Act before the passing of this Act.
4 An order under this section which amends or repeals any provision of an Act may not be made unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.
5 A statutory instrument containing an order under this section which does not amend or repeal any provision of an Act is subject to annulment pursuant to a resolution of either House of Parliament.
6 In this section any reference to an Act (other than this Act) includes a reference to an Act of the Scottish Parliament.

237A Variation and replacement of section 33 consents: transitional provision

1 This section applies where a section 33 consent (“the original consent”) has been granted or made as a result of an application made before Part 4 came into force.
2 Nothing in section 33 prevents the original consent, or a section 33 consent that replaces it, from being varied or replaced.
3 If the original consent, or a section 33 consent that replaces it, is varied or replaced, section 31 does not apply to the development to which the consent as varied, or the replacement consent, relates (and so development consent is not required for that development).
4 A section 33 consent replaces an earlier section 33 consent for the purposes of this section if (but only if)—
a it is granted or made on an application for consent for development without complying with conditions subject to which the earlier section 33 consent was granted or made, and
b it is granted subject to, or made on, different conditions, or unconditionally.
5 In this section “ section 33 consent ” means a consent, authorisation, order, notice or scheme mentioned in section 33(1), (2) or (4).

I84I61I89I342I377I388238 Repeals

Schedule 13 contains repeals (including repeals of spent provisions).

239 Financial provisions

There is to be paid out of money provided by Parliament—
a any expenditure incurred under or by virtue of this Act by the Secretary of State, and
b any increase attributable to this Act in the sums payable under or by virtue of any other Act out of money so provided.

240 Extent

1 The following provisions of this Act extend to England and Wales only—
a in Part 2, section 13;
b in Part 3, sections 15 to 20 and 22 to 30A ;
c in Part 6, section 118;
d in Part 7, sections 133 and 139 to 149;
e in Part 9, sections 193 and 194;
f in Part 10, sections 203 and 204;
g Part 11.
2 Section 178 extends to Scotland only.
3 The following provisions of this Act extend to England and Wales and (subject to subsection (4)) to Scotland—
a Parts 1 to 8 (except the sections listed in paragraphs (a) to (d) of subsection (1));
b this Part.
4 Those provisions extend to Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line—
a one end of which is in England or Wales, and
b the other end of which is in Scotland.
5 Subsections (3) and (4) are subject to subsection (6).
6 So far as it amends or repeals an enactment, this Act has the same extent as the enactment amended or repealed.
7 An order under section 225(2) extends to each part of the United Kingdom.

241 Commencement

1 The following provisions of this Act come into force on the day on which this Act is passed—
a the provisions of Parts 1 to 9 (except section 194(2) to (5) and paragraph 7 of Schedule 7) which—
i confer power to make orders (other than orders granting, or making changes to orders granting, development consent), regulations or rules, or
ii make provision about what is (or is not) permitted to be done, or what is required to be done, in the exercise of any such power;
b Part 11, except sections 206, 211(7), 224 and 225;
c this Part, except section 238.
2 Nothing in subsection (1)(a) affects the operation of section 13 of the Interpretation Act 1978 (c. 30) in relation to this Act.
3 Except as provided by subsection (1)(a), the provisions listed in subsection (4) come into force on such day as may be appointed by order made by—
a the Welsh Ministers, in relation to Wales;
b the Secretary of State, in relation to England.
4 The provisions are—
a sections 183, 185, 187, 188, 191(1) and (3), 192, 193 and 197 to 200;
b paragraphs 1, 2(1) and (2), 3(1), (2) and (4) and 4 to 6 of Schedule 7;
c Schedules 8 and 11;
d the repeals in—
i TCPA 1990 (except those in Schedules 1 and 1A to that Act);
ii the Environmental Protection Act 1990 (c. 43);
iii the Planning and Compensation Act 1991 (c. 34);
iv sections 42(3) and 53 of PCPA 2004.
5 The repeal in Schedule 1A to TCPA 1990 comes into force on such day as the Welsh Ministers may by order appoint.
6 Sections 194(2) to (5), 201, 202, 203 and 225 (together with related entries in Schedule 13), and paragraph 7 of Schedule 7, come into force at the end of two months beginning with the day on which this Act is passed.
7 Section 204 comes into force in accordance with subsection (5) of that section.
8 The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.
9 The powers conferred by this section are exercisable by statutory instrument.
10 An order under this section may—
a appoint different days for different purposes (including different areas);
b contain transitional, transitory or saving provision in connection with the coming into force of this Act.

242 Short title

This Act may be cited as the Planning Act 2008.

SCHEDULES

F99SCHEDULE 1 

The Infrastructure Planning Commission

Section 1

Membership, chair and deputies

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Terms of appointment

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration etc. of Commissioners

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Council

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chief executive and staff

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arrangements for assistance

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Funding

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Validity of proceedings

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of seal and proof of instruments

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parliamentary Commissioner

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public records

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Freedom of information

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 

Amendments consequential on development consent regime

Section 36

Green Belt (London and Home Counties) Act 1938 (c. xciii)

I1161The Green Belt (London and Home Counties) Act 1938 is amended as follows.
I1172In section 10 (restriction on erection of buildings) after subsection (1) insert—
I1183In section 11 (saving for lines, pipes, sewers etc.) after subsection (1) insert—
I1194In section 12 (erection of buildings for certain statutory purposes) after subsection (1) insert—

Pipe-lines Act 1962 (c. 58)

I1205The Pipe-lines Act 1962 is amended as follows.
I1216
1 Section 1 (cross-country pipe-lines not to be constructed without authorisation) is amended as follows.
2 After subsection (1) insert—
3 In subsection (1A)(b) for “pipe-line which is the subject of a pipe-line construction authorisation” substitute “ nationally significant pipe-line ”.
4 After subsection (1A) insert—
I1227In section 66(1) (general interpretation provisions) in the definition of “diversion”—
a after paragraph (a) insert—
;
b in paragraph (b) after “no such authorisation” insert “ or consent ”.

Harbours Act 1964 (c. 40)

I1238The Harbours Act 1964 is amended as follows.
I1249In section 14 (harbour revision orders) after subsection (1) insert—
I12510In section 16 (harbour empowerment orders) after subsection (3) insert—

Gas Act 1965 (c. 36)

I12611The Gas Act 1965 is amended as follows.
I12712In section 4 (storage authorisation orders) after subsection (2) insert—
I12813In section 5 (control of mining and other operations in gas storage area and protective area) after subsection (2) insert—
I12914
1 Section 6 (controlled operations: carrying out of works to remedy a default) is amended as follows.
2 In subsection (1)—
a for “without the consent of the Minister” substitute “ in breach of section 5(2) ”,
b for “failure to comply with any conditions subject to which the Minister's consent to the carrying out of any controlled operations has been granted” substitute “ relevant failure to comply ”, and
c after “foregoing section” insert “ or in circumstances involving a relevant failure to comply ”.
3 In subsection (5) for the words from “failed” to the end substitute “ was responsible for the relevant failure to comply. ”
4 After subsection (8) insert—

Energy Act 1976 (c. 76)

F37315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

I13016The Ancient Monuments and Archaeological Areas Act 1979 is amended as follows.
I13117In section 2(1) (offence of executing works affecting scheduled monuments without authorisation) after “authorised under this Part of this Act” insert “ or by development consent ”.
I13218In section 28(2) (offence of damaging ancient monuments: exception for authorised works) after “order under section 3)” insert “ or for which development consent has been granted ”.
I13319In section 37 (exemptions from offence under section 35) after subsection (1) insert—
I13420In section 61(1) (interpretation of Act) at the appropriate place insert—
.

Highways Act 1980 (c. 66)

I13521The Highways Act 1980 is amended as follows.
I13622In section 10 (general provision as to trunk roads) after subsection (2) insert—
I13723In section 14 (powers as respects roads that cross or join trunk roads etc.) after subsection (1) insert—
I13824In section 16 (general provision as to special roads) after subsection (3) insert—
I13925In section 18 (supplementary orders relating to special roads) after subsection (1) insert—
I14026In section 106 (orders and schemes providing for construction of bridges over or tunnels under navigable waters) after subsection (4) insert—
I14127In section 108 (power to divert navigable watercourses) after subsection (1) insert—
I14228In section 110 (power to divert non-navigable watercourses and to carry out other works) after subsection (1) insert—
I14329
1 Section 329(1) (further provision as to interpretation of Act) is amended as follows.
2 In the definition of “special road” after “section 16 above” insert “ or by virtue of an order granting development consent under the Planning Act 2008 ”.
3 In the definition of “trunk road” after “section 10 above” insert “ or an order granting development consent under the Planning Act 2008, ”.
I14430For section 337 (saving for obligation to obtain planning permission) substitute—

Electricity Act 1989 (c. 29)

I14531The Electricity Act 1989 is amended as follows.
I14632
1 Section 36 (consent for construction etc. of generating stations) is amended as follows.
2 In subsection (1) after “subsections” insert “ (1A) to ”.
3 After subsection (1) insert—
I14733
1 Section 37 (consent for overhead lines) is amended as follows.
2 In subsection (1) for “subsection (2)” substitute “ subsections (1A) to (2) ”.
3 After subsection (1) insert—

Town and Country Planning Act 1990 (c. 8)

I14834TCPA 1990 is amended as follows.
I14935In section 57 (planning permission required for development) after subsection (1) insert—
I15036
1 Section 211 (preservation of trees in conservation areas) is amended as follows.
2 After subsection (1) insert—
3 After subsection (5) insert—
I15137In section 336(1) (interpretation) at the appropriate place insert—
.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

I15238The Listed Buildings Act is amended as follows.
I15339
1 Section 7 (restriction on works affecting listed buildings) is amended as follows.
2 At the beginning insert “ (1) ”.
3 After “authorised” insert “ under section 8 ”.
4 At the end insert—
I15440In section 59(3) (offence relating to acts causing or likely to result in damage to listed building: exceptions) after paragraph (b) insert
F49341. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Planning (Hazardous Substances) Act 1990 (c. 10)

I15542The Hazardous Substances Act is amended as follows.
I15643In section 9(2)(c) (determination of applications for hazardous substances consent: material considerations) after “planning permission” insert “ or development consent ”.
I15744In section 10(1) (conditions on grant of hazardous substances consent) after “planning permission” insert “ or development consent ”.
I15845
1 Section 12 (deemed hazardous substances consent: government authorisation) is amended as follows.
2 After subsection (2A) insert—
3 For subsection (3) substitute—
4 In subsection (6)—
a for “government department or the Secretary of State” substitute “ person ”, and
b after “directions” insert “ given by the person ”.
I15946In section 14(2)(b) (power to revoke or modify hazardous substances consent)—
a after “planning permission” insert “ or development consent ”;
b after “the permission” insert “ or development consent ”.
I16047In section 39(1) (interpretation) at the appropriate place insert—
.

New Roads and Street Works Act 1991 (c. 22)

I16148The New Roads and Street Works Act 1991 is amended as follows.
I16249In section 6 (toll orders) after subsection (1) insert—

Water Industry Act 1991 (c. 56)

I16350In section 167(1) of the Water Industry Act 1991 (compulsory works orders)—
a after “water undertaker” insert “ whose area is wholly or partly in Wales ”, and
b after “functions” insert “ in relation to an area in Wales ”.

Transport and Works Act 1992 (c. 42)

I16451The Transport and Works Act 1992 is amended as follows.
I16552In section 1 (orders as to railways, tramways etc.) after subsection (1) insert—
I16653In section 3 (orders as to inland waterways etc.) after subsection (1) insert—

Town and Country Planning (Scotland) Act 1997 (c. 8)

I16754The Town and Country Planning (Scotland) Act 1997 is amended as follows.
I16855In section 28 (planning permission required for development) after subsection (1) insert—
I16956In section 160(6) (tree preservation orders: exemptions) after paragraph (b) insert—
.
I17057
1 Section 172 (preservation of trees in conservation areas) is amended as follows.
2 After subsection (1) insert—
3 After subsection (5) insert—
I17158In section 277(1) (interpretation) at the appropriate place insert—
.

Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10)

I17259The Planning (Hazardous Substances) (Scotland) Act 1997 is amended as follows.
I17360In section 7(2)(c) (determination of applications for hazardous substances consent: material considerations) after “planning permission” insert “ or development consent ”.
I17461In section 8(1) (conditions on grant of hazardous substances consent) after “planning permission” insert “ or development consent ”.
I17562
1 Section 10 (deemed hazardous substances consent: government authorisation) is amended as follows.
2 After subsection (2A) insert—
3 For subsection (3) substitute—
4 In subsection (6)—
a for the words from “government” to “Ministers” substitute “ person ”, and
b after “directions” insert “ given by the person ”.
I17663In section 12(2)(b) (power to revoke or modify hazardous substances consent)—
a after “planning permission” insert “ or development consent ”, and
b after “the permission” insert “ or development consent ”.
I17764In section 38(1) (interpretation) at the appropriate place insert—
.

Housing and Regeneration Act 2008 (c. 17)

I17865In section 13(5) of the Housing and Regeneration Act 2008 (power of Secretary of State to make designation orders) in the definition of “permitted purposes” at the end insert
.

Crossrail Act 2008 (c. 18)

I17966
1 Section 48 of the Crossrail Act 2008 (application of Act to extensions) is amended as follows.
2 Before subsection (1) insert—
3 In subsection (1) for paragraphs (a) and (b) substitute “ a matter mentioned in subsection (A1)(a) or (b). ”
4 In subsection (2) for “(1)” substitute “ (A1) ”.
5 In subsection (5) for “(1)” substitute “ (A1) ”.

F100SCHEDULE 3 

Examination of applications by Secretary of State

Section 113

Examination of matters by Commission: procedure

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Examination of matters by Secretary of State: procedure

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rules

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointed representatives

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 

Correction of errors in development consent decisions

Section 119

Correction of errors

I2361
1 This paragraph applies if—
a the Secretary of State makes an order granting development consent, or refuses development consent, and
b the decision document contains a correctable error.
2 The decision document is—
a in the case of an order granting development consent, the order;
b in the case of a refusal of development consent, the document recording the refusal.
3 A correctable error is 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.
4 The Secretary of State may correct the error or omission if (but only if) the conditions in sub-paragraphs (5) and (7) are met.This is subject to sub-paragraph (11).
5 The condition is that, before the end of the relevant period—
a the Secretary of State receives a written request to correct the error or omission from any person, or
b the Secretary of State sends a statement in writing to the applicant which explains the error or omission and states that the Secretary of State is considering making the correction.
6 The relevant period is—
a if the decision document is an order granting development consent, the period specified in section 118(1)(b);
b if the decision document is the document recording a refusal of development consent, the period specified in section 118(2)(b).
7 The condition is that the Secretary of State informs each relevant local planning authority that the request mentioned in sub-paragraph (5)(a) has been received or the statement mentioned in sub-paragraph (5)(b) has been sent (as the case may be).
8 If—
a the decision document is an order granting development consent, and
b the order was required to be contained in a statutory instrument,
the power conferred by sub-paragraph (4) may be exercised only by order contained in a statutory instrument.
F3179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 As soon as practicable after the instrument containing the order is made, the Secretary of State must deposit a copy of it in the office of the Clerk of the Parliaments.
11 The power conferred by sub-paragraph (4) may not be exercised in relation to provision included in an order granting development consent by virtue of paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009).

Correction notice

I2372
1 If paragraph 1(5)(a) or (b) applies the Secretary of State must issue a notice in writing (a “correction notice”) which—
a specifies the correction of the error or omission, or
b gives notice of the decision not to correct the error or omission.
2 The Secretary of State must issue the correction notice as soon as practicable after making the correction or deciding not to make the correction.
3 The Secretary of State must give the correction notice to—
a the applicant,
b each relevant local planning authority, and
c if the correction was requested by any other person, that person.
4 The Secretary of State may give the correction notice to persons other than those to whom sub-paragraph (3) requires it to be given.

Effect of a correction

I2383
1 If a correction is made in pursuance of paragraph 1—
a the original decision and the decision document containing it continue in force, and
b the decision document is treated as corrected as specified in the correction notice issued under paragraph 2 with effect from the date the correction notice is issued, or, if the correction is required to be made by order contained in a statutory instrument, the date specified in the order.
2 If a correction is not made—
a the original decision continues to have full force and effect, and
b nothing in this Schedule affects anything done in pursuance of or in respect of the original decision.
3 “The original decision” means the decision to—
a make an order granting development consent, or
b refuse development consent.

Interpretation

I2394In this Schedule—
  • “the applicant” means the person who made the application to which the decision relates;
  • F320. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • “a relevant local planning authority” means a local planning authority for all or any part of the area in which the land to which the decision relates is situated.

SCHEDULE 5 

Provision relating to, or to matters ancillary to, development

Section 120

Part 1 The matters

I2411The acquisition of land, compulsorily or by agreement.
I2422The creation, suspension or extinguishment of, or interference with, interests in or rights over land (including rights of navigation over water), compulsorily or by agreement.
I2433The abrogation or modification of agreements relating to land.
I2444Carrying out specified excavation, mining, quarrying or boring operations in a specified area.
I2455The operation of a generating station.
I2466Keeping electric lines installed above ground.
I2477The use of underground gas storage facilities.
I2488The sale, exchange or appropriation of Green Belt land.
I2499Freeing land from any restriction imposed on it by or under the Green Belt (London and Home Counties) Act 1938 (c. xciii), or by a covenant or other agreement entered into for the purposes of that Act.
I25010The protection of the property or interests of any person.
I25111The imposition or exclusion of obligations or liability in respect of acts or omissions.
I25212Carrying out surveys or taking soil samples.
I25313Cutting down, uprooting, topping or lopping trees or shrubs or cutting back their roots.
I25414The removal, disposal or re-siting of apparatus.
I25515Carrying out civil engineering or other works.
I25616The diversion of navigable or non-navigable watercourses.
I25717The stopping up or diversion of highways.
I25818Charging tolls, fares (including penalty fares) and other charges.
I25919The designation of a highway as a trunk road or special road.
I26020The specification of the classes of traffic authorised to use a highway.
I26121The appropriation of a highway for which the person proposing to construct or improve a highway is the highway authority.
I26222The transfer to the person proposing to construct or improve a highway of a highway for which that person is not the highway authority.
I26323The specification of the highway authority for a highway.
I26424The operation and maintenance of a transport system.
I26525Entering into an agreement for the provision of police services.
I26626The discharge of water into inland waters or underground strata.
F3627. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3628. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3629. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3630. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30ADeeming a marine licence under Part 4 of the Marine and Coastal Access Act 2009 to have been given by the Secretary of State or the Welsh Ministers for activities specified in the order and subject to such conditions as may be specified in the order.
30BDeeming any such conditions to have been attached to the marine licence by the Secretary of State or the Welsh Ministers under that Part.
I26731The creation of a harbour authority.
I26832Changing the powers and duties of a harbour authority.
32AThe making of byelaws by any person and their enforcement.
32B
1 The creation of offences within sub-paragraph (2) in connection with—
a non-payment of tolls, fares or other charges,
b a person's failure to give the person's name or address in accordance with provision relating to penalty fares,
c enforcement of byelaws, or
d construction, improvement, maintenance or management of a harbour.
2 An offence is within this sub-paragraph if—
a it is triable only summarily,
b a person guilty of the offence is not liable to imprisonment, and
c any fine to which a person guilty of the offence may be liable cannot be higher than level 3 on the standard scale.
I26933The transfer of property, rights, liabilities, or functions.
I27034The transfer, leasing, suspension, discontinuance and revival of undertakings.
I27135The payment of contributions.
I27236The payment of compensation.
I27337The submission of disputes to arbitration.
I27438The alteration of borrowing limits.

Part 2 Interpretation

I27539
1 This paragraph applies for the purposes of this Schedule.
2 “Transport system” means any of the following—
a a railway,
b a tramway,
c a trolley vehicle system,
d a system using a mode of guided transport prescribed by order under section 2 of the Transport and Works Act 1992 (c. 42).
3 “Maintenance”, in relation to a transport system, includes the inspection, repair, adjustment, alteration, removal, reconstruction or replacement of the system.
4 The following terms have the meanings given by section 67(1) (interpretation) of the Transport and Works Act 1992 (c. 42)—
  • “guided transport”,
  • “tramway”,
  • “trolley vehicle system”.

C19SCHEDULE 6 

Changes to, and revocation of, orders granting development consent

Section 153

Preliminary

I3491
1 This paragraph applies for the purposes of this Schedule.
2 “The applicant”, in relation to a development consent order, means the person who applied for the order.
3 “A successor in title of the applicant” means a person who—
a derives title to the land from the applicant (whether directly or indirectly), and
b has an interest in the land.
F3224 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 “Development consent order” means an order granting development consent.
6 “The land”, in relation to a development consent order, means the land to which the order relates or any part of that land.

Non-material changes

I3502
1 The Secretary of State may make a change to a development consent order if the Secretary of State is satisfied that the change is not material.This is subject to sub-paragraph (13).
1A The Secretary of State may by regulations make provision about—
a the decision-making process in relation to the exercise of the power conferred by sub-paragraph (1);
b the making of the decision as to whether to exercise that power;
c the effect of a decision to exercise that power.
This is subject to sub-paragraph (2).
1B The power to make regulations under sub-paragraph (1A) includes power to allow a person to exercise a discretion.
2 In deciding whether a change is material, the Secretary of State must have regard to the effect of the change, together with any previous changes made under this paragraph, on the development consent order as originally made.
3 The power conferred by sub-paragraph (1) includes power—
a to impose new requirements in connection with the development for which consent is granted by the development consent order;
b to remove or alter existing requirements.
4 The power conferred by sub-paragraph (1) may be exercised only on an application made to the Secretary of State by or on behalf of—
a the applicant or a successor in title of the applicant,
b a person with an interest in the land, or
c any other person for whose benefit the development consent order has effect.
5 An application under sub-paragraph (4) must be made in the prescribed form and manner.
6 Sub-paragraph (7) applies in relation to an application under sub-paragraph (4) made by or on behalf of a person with an interest in some, but not all, of the land to which the development consent order relates.
7 The application may be made only in respect of so much of the order as affects the land in which the person has an interest.
8 The Secretary of State and the person who has made the application under sub-paragraph (4) must comply with such requirements as may be prescribed as to consultation and publicity in relation to the exercise of the power conferred by sub-paragraph (1).This is subject to sub-paragraphs (9) to (11).
8A The power to make regulations under sub-paragraph (8) includes power to allow the Secretary of State or the person who has made the application under sub-paragraph (4) to exercise a discretion.
9 If the development consent order was required to be contained in a statutory instrument, the power conferred by sub-paragraph (1) may be exercised only by order contained in a statutory instrument.
F32610 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 As soon as practicable after the instrument containing the order is made, the Secretary of State must deposit a copy of it in the office of the Clerk of the Parliaments.
12 If a change is made to a development consent order under the power conferred by sub-paragraph (1)—
a the order continues in force,
b the Secretary of State must give notice of the change to the order to such persons as may be prescribed, and
c the change to the order takes effect from the date on which the notice is issued, or, if the change to the order is required to be made by order contained in a statutory instrument, the date specified in the order making the change.
13 The power conferred by sub-paragraph (1) may not be exercised in relation to provision included in an order granting development consent by virtue of paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009).

Changes to, and revocation of, orders: supplementary

I3524
1 An application under paragraph 3 must be—
a made in the prescribed form and manner, and
b accompanied by information of a prescribed description.
2 Sub-paragraph (3) applies in relation to an application under paragraph 3(4) made by or on behalf of a person with an interest in some, but not all, of the land to which the development consent order relates.
3 The application may be made only in respect of so much of the order as affects the land in which the person has an interest.
4 The Secretary of State may by regulations make provision about—
a the procedure to be followed before an application under paragraph 3 is made;
b the making of such an application;
c the decision-making process in relation to the exercise of the power conferred by paragraph 3(1);
d the making of the decision as to whether to exercise that power;
e the effect of a decision to exercise that power.
5 Paragraphs (c) to (e) of sub-paragraph (4) apply in relation to the exercise of the power conferred by paragraph 3(1)—
a on an application under paragraph 3, or
b on the initiative of the Secretary of State under paragraph 3(3) or (7).
5A The power to make regulations under sub-paragraph (4) includes power to allow a person to exercise a discretion.
6 If a development consent order is changed or revoked in the exercise of the power conferred by paragraph 3(1), the Secretary of State must give notice of the change or revocation to such persons as may be prescribed.
7 If a development consent order was required to be contained in a statutory instrument, an order changing or revoking the development consent order made in the exercise of the power conferred by paragraph 3(1) must also be contained in a statutory instrument.
F3308 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 As soon as practicable after the instrument containing the order is made, the Secretary of State must deposit a copy of it in the office of the Clerk of the Parliaments.
I3535
1 This paragraph applies in relation to the power conferred by paragraph 3(1) to make a change to, or revoke, a development consent order.
2 The power may not be exercised after the end of the period of 4 years beginning with the date on which the relevant development was substantially completed.
3 Sub-paragraph (2) does not prevent the exercise of the power—
a in relation to requirements imposed by the development consent order in connection with the relevant development, or
b to revoke the development consent order.
4 The power includes power—
a to require the removal or alteration of buildings or works;
b to require the discontinuance of a use of land;
c to impose specified requirements in connection with the continuance of a use of land;
d to impose new requirements in connection with the relevant development;
e to remove or alter existing requirements.
5 Subject to sub-paragraph (4)(a), the exercise of the power does not affect any building or other operations carried out in pursuance of the development consent order before the power is exercised.
6 The power may not be exercised in relation to provision included in an order granting development consent by virtue of paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009).
7 “The relevant development” is the development for which consent is granted by the development consent order.

Compensation

I3546
1 This paragraph applies if—
a in exercise of the power conferred by paragraph 3, the Secretary of State makes a change to, or revokes, a development consent order,
b the case in which the power is exercised is one falling within sub-paragraph (3)F331... or (7) of that paragraph,
c on a claim for compensation under this paragraph it is shown that a person with an interest in the land, or for whose benefit the development consent order has effect—
i has incurred expenditure in carrying out work which is rendered abortive by the change or revocation, or
ii has otherwise sustained loss or damage which is directly attributable to the change or revocation, and
d the claim is made to the Secretary of State in the prescribed manner and before the end of the prescribed period.
2 Compensation in respect of the expenditure, loss or damage is payable to the person by the Secretary of State.
3 The reference in sub-paragraph (1)(c)(i) to expenditure incurred in carrying out any work includes a reference to expenditure incurred —
a in the preparation of plans for the purposes of the work, or
b on other similar matters preparatory to carrying out the work.
4 Subject to sub-paragraph (3), no compensation is to be paid under this paragraph—
a in respect of any work carried out before the development consent order was made, or
b in respect of any other loss or damage arising out of anything done or omitted to be done before the development consent order was made (other than loss or damage consisting of depreciation of the value of an interest in land).
5 The Secretary of State may by regulations make provision about the assessment of compensation payable under this paragraph.
6 The regulations may in particular include provision—
a for the reference of disputes about compensation for depreciation to, and the determination of such disputes by F12... the Lands Tribunal for Scotland, the First-tier Tribunal or the Upper Tribunal;
b applying, with or without modifications, a provision of or made under an Act.
I3557
1 In this paragraph “compensation for depreciation” means compensation payable under paragraph 6 in respect of loss or damage consisting of depreciation of the value of an interest in land.
2 The Secretary of State may by regulations make provision about the apportionment of compensation for depreciation between different parts of the land to which the claim for the compensation relates.
3 The regulations may in particular include provision about—
a who is to make an apportionment;
b the persons to whom notice of an apportionment is to be given;
c how an apportionment is to be made;
d the reference of disputes about an apportionment to, and the determination of such disputes by, F13... the Lands Tribunal for Scotland, the First-tier Tribunal or the Upper Tribunal.
4 The Secretary of State may by regulations make provision for, and in connection with, the giving of notice of compensation for depreciation.
5 The regulations may in particular include provision about—
a the persons to whom notice of compensation for depreciation is to be given;
b the status of such a notice;
c the registration of such a notice.

SCHEDULE 7 

Power to decline to determine applications: amendments

Section 187

Town and Country Planning Act 1990 (c. 8)

I701TCPA 1990 is amended as follows.
2
I711 Section 70A (power of local planning authority to decline to determine subsequent application) is amended as follows.
I712 At the end of subsection (4)(b) insert “ or, if there has been such an appeal, it has been withdrawn ”.
I593 After subsection (4) insert—
I594 In subsection (7)(a) for “and (4)” substitute “ , (4) and (4B) ”.
3
I721 Section 70B (power of local planning authority to decline to determine overlapping application) is amended as follows.
I722 In subsection (1) after “which is” insert
.
I603 After subsection (4) insert—
I724 After subsection (6) insert—

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

I734The Listed Buildings Act is amended as follows.
I855In section 81A (power of local planning authority to decline to determine subsequent application) at the end of subsection (4)(b) insert “ or, if there has been such an appeal, it has been withdrawn ”.
I866
1 Section 81B (power of local planning authority to decline to determine overlapping application) is amended as follows.
2 In subsection (1) after “which is” insert
.
3 After subsection (4) insert—

Planning and Compulsory Purchase Act 2004 (c. 5)

7In section 121 of PCPA 2004 (commencement) after subsection (3) insert—

SCHEDULE 8 

Tree preservation orders: further amendments

Section 192

Forestry Act 1967 (c. 10)

I3571The Forestry Act 1967 is amended as follows.
I3582
1 Section 15 (trees subject to preservation orders under Planning Acts) is amended as follows.
2 In subsection (1) for “consent under the order” substitute “ relevant consent ”.
3 After subsection (1) insert—
4 In subsection (5) for the words from “application” to “thereunder” substitute “ relevant application shall be entertained ”.
5 After subsection (5) insert—
I3593In section 18 (felling directions), in subsection (5) for the words from “shall” to the end substitute
I3604In section 21 (courses open to person adversely affected by felling direction), in subsection (7), after “a tree preservation order” insert “ , or under tree preservation regulations, ”.
I3615In section 35 (interpretation of Part 2) at the appropriate place insert—
.
I3626
1 Schedule 3 (proceedings under Town and Country Planning Acts in relation to tree preservation orders) is amended as follows.
2 In paragraph 2—
a for “under the said Acts” substitute “ under the Town and Country Planning (Scotland) Act 1997 ”,
b omit the words from “section 77” to “(for Scotland)”,
c for “provisions of the said Acts” substitute “ provisions of that Act ”, and
d omit “the said section 77 or (for Scotland)”.
3 After paragraph 2 insert—
.
4 In paragraph 3—
a for “the Town and Country Planning Acts” substitute “ the Town and Country Planning (Scotland) Act 1997 ”, and
b for “the Town and Country Planning Act 1990 or (for Scotland) the Town and Country Planning (Scotland) Act 1997” substitute “ that Act ”.
5 After paragraph 3 insert—
.

Town and Country Planning Act 1990 (c. 8)

I3637TCPA 1990 is amended as follows.
I3648In section 198(7) (provisions subject to which section has effect), for “This section” substitute “ Tree preservation regulations ”.
I3659In section 200(1) (tree preservation orders do not affect things done or approved by Forestry Commissioners), for “A tree preservation order does not” substitute “ Tree preservation regulations do not ”.
I36610In section 202(2) (effect of order made by Secretary of State or Welsh Ministers), for the words from “have the same effect” to the end substitute “ , once it has taken effect in accordance with tree preservation regulations, have the same effect as if it had been made by the local planning authority under section 198(1). ”
I36711In section 206(1) (duty to plant replacement tree)—
a in paragraph (a), for “the order” substitute “ tree preservation regulations ”, and
b in paragraph (b), for the words from “at a time” to the end of the paragraph substitute “ at a prescribed time, ”.
I36812In section 207(1) (enforcement of duties to replace trees), in paragraph (b), for “a tree preservation order” substitute “ tree preservation regulations ”.
I36913
1 Section 210 (penalties for non-compliance with tree preservation order) is amended as follows.
2 In subsection (1)—
a for “a tree preservation order” substitute “ tree preservation regulations ”,
b in paragraph (a) omit the “or” at the end, and
c after paragraph (b) insert—
.
3 In subsection (4), for “a tree preservation order” substitute “ tree preservation regulations ”.
4 In the side-note, for “order” substitute “ regulations ”.
I37014In section 211 (preservation of trees in conservation areas)—
a in subsection (1), for “which might by virtue of section 198(3)(a) be prohibited by a tree preservation order” substitute “ which might by virtue of section 202C be prohibited by tree preservation regulations ”, and
b in subsection (4), for “a tree preservation order” substitute “ tree preservation regulations ”.
I37115In section 212 (power to disapply section 211) omit subsection (4).
I37216In section 213(1)(b) (duty to plant replacement tree in conservation area), for the words from “at a time” to the end of the paragraph substitute “ at a prescribed time, ”.
I37317In section 284(3)(h)(i) (decision relating to an application for consent under a tree preservation order is an action to which the section applies), for “a tree preservation order” substitute “ tree preservation regulations ”.
I37418In section 329(3B)(i) (section 329(1)(cc) does not apply to things done in connection with tree preservation orders), for “regulations under section 199” substitute “ tree preservation regulations ”.
I37519In section 336(1) (interpretation) at the appropriate place insert—
.

Planning and Compensation Act 1991 (c. 34)

I37620
1 Part 1 of Schedule 18 to the Planning and Compensation Act 1991 (compensation provisions that do not provide for interest) is amended as follows.
2 After the entry for section 186 of the Town and Country Planning Act 1990 (c. 8) insert—
3 Omit the entries for sections 203 and 204 of the Town and Country Planning Act 1990.

F429SCHEDULE 9 

Use of land: power to override easements and other rights

Section 194

F429Local Government, Planning and Land Act 1980 (c. 65)

F4291. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F429New Towns Act 1981 (c. 64)

F4292. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F429Housing Act 1988 (c. 50)

F4293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F429Town and Country Planning Act 1990 (c. 8)

F4294. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F429Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

F4295. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F429Regional Development Agencies Act 1998 (c. 45)

F4296. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10 

Further provisions as to the procedure for certain proceedings

Section 196

Town and Country Planning Act 1990 (c. 8)

I46I4051TCPA 1990 is amended as follows.
2In section 77 (reference of applications to Secretary of State) for subsection (6) substitute—
I473In section 78(5) (appeals against failure to take planning decisions)—
a for “79(1)” substitute “ 79(1) and (3) ”, and
b for “and 288(10)(b)” substitute “ , 288(10)(b) and 319A(7)(b) ”.
I484In section 79 (determination of appeals under section 78) for subsection (3) substitute—
I495In section 175 (supplementary provisions about appeals against enforcement notices) after subsection (3) insert—
I506In section 176(4) (determination of appeals: disapplication of section 175(3))—
a after “If” insert “ section 175(3) would otherwise apply and ”, and
b after “subsection (3)” insert “ of this section ”.
I3987In section 195(5) (appeals against failure to give decision on application under section 191 or 192) for “section 288(10)(b)” substitute “ sections 196(1A), 288(10)(b) and 319A(7)(d) ”.
I3998
1 Amend section 196 (further provision as to appeals to Secretary of State under section 195) as follows.
2 After subsection (1) insert—
3 In subsection (2) for “such an appeal” substitute “ an appeal under section 195(1) ”.
9
1 Amend section 208 (appeals against notices under section 207) as follows.
2 After subsection (5) insert—
3 In subsection (6) for “such an appeal is brought” substitute “ an appeal is brought under subsection (1) ”.
I51I40010In section 322 (orders as to costs of parties where no local inquiry held) after subsection (1) insert—
I52I40111In section 322A (orders as to costs: supplementary) after subsection (1) insert—
I53I40212
1 Amend section 323 (procedure on certain appeals and applications) as follows.
2 After subsection (1) insert—
3 In subsections (2) and (3) for “The regulations may” substitute “ Regulations under this section may ”.
4 In subsection (2)(a) for “such an inquiry or hearing” substitute “ an inquiry or hearing to which rules under section 9 of the Tribunals and Inquiries Act 1992 would apply ”.
I54I40313
1 Amend section 333 (regulations and orders) as follows.
2 In subsection (4) for “and 319” substitute “ , 319 and 319A(9) ”.
3 After subsection (5) insert—
I55I40414
1 Amend Schedule 6 (determination of certain appeals by person appointed by Secretary of State) as follows.
2 In paragraph 2 for sub-paragraph (5) substitute—
3 After sub-paragraph (9) of that paragraph insert—
4 In paragraph 3 for sub-paragraph (5) substitute—
5 In sub-paragraph (6) of that paragraph after “(4)” insert “ or (5A) ”.
6 In paragraph 6 after sub-paragraph (1) insert—
7 In sub-paragraph (2)(a) of that paragraph after “2(4)” insert “ or this paragraph ”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

15The Listed Buildings Act is amended as follows.
16In section 12 (reference of applications to Secretary of State) after subsection (4) insert—
17In section 20(4) (right of appeal in case of failure to give notice of decision) for “22(1) and 63(7)(b)” substitute “ 22(1) and (2A), 63(7)(b) and 88D(7)(b) ”.
18
1 Amend section 22 (determination of appeals under section 20) as follows.
2 After subsection (2) insert—
3 In subsection (3) for “the appeal” substitute “ an appeal under section 20 ”.
19In section 40 (supplementary provisions about appeals against listed building enforcement notices) after subsection (2) insert—
20In section 41(4) (determination of appeals: disapplication of section 40(2))—
a after “If” insert “ section 40(2) would otherwise apply and ”, and
b after “subsection (3)” insert “ of this section ”.
21In section 74(3) (application of certain provisions in relation to buildings in conservation areas) after “82D” insert “ , 88D ”.
22In section 89 (application of certain general provisions of TCPA 1990) after subsection (1) insert—
23
1 Amend section 93 (regulations and orders) as follows.
2 In subsection (4) after “75(7)” insert “ , 88D(8) ”.
3 After subsection (5) insert—
24
1 Amend Schedule 3 (determination of certain appeals by person appointed by Secretary of State) as follows.
2 In paragraph 2 after sub-paragraph (4) insert—
3 After sub-paragraph (8) of that paragraph insert—
4 In paragraph 3 after sub-paragraph (4) insert—
5 In sub-paragraph (5) of that paragraph after “(4)” insert “ or (4B) ”.
6 In paragraph 6 after sub-paragraph (1) insert—
7 In sub-paragraph (2)(a) of that paragraph after “2(4)” insert “ or this paragraph ”.

Planning (Hazardous Substances) Act 1990 (c. 10)

25The Hazardous Substances Act is amended as follows.
26In section 20 (reference of applications to Secretary of State) after subsection (4) insert—
27In section 21 (appeals against decisions or failure to take decisions relating to hazardous substances) after subsection (5) insert—
28In section 25(1) (appeals against hazardous substances contravention notices)—
a in paragraph (b)(v) after “principal Act” insert “ and section 21A of this Act ”, and
b in paragraph (c) for “that Act” substitute “ the principal Act ”.
29In section 37 (application of certain general provisions of TCPA 1990) after subsection (2) insert—
30
1 Amend the Schedule (determination of appeals by person appointed by Secretary of State) as follows.
2 In paragraph 2 after sub-paragraph (4) insert—
3 After sub-paragraph (8) of that paragraph insert—
4 In paragraph 3 after sub-paragraph (4) insert—
5 In sub-paragraph (5) of that paragraph after “(4)” insert “ or (4B) ”.
6 In paragraph 6 after sub-paragraph (1) insert—
7 In sub-paragraphs (2)(a) and (3)(a) of that paragraph after “2(4)” insert “ or this paragraph ”.

SCHEDULE 11 

Appeals: miscellaneous amendments

Section 197

Town and Country Planning Act 1990 (c. 8)

I78I3821TCPA 1990 is amended as follows.
I79I3832In section 78 (appeals against planning decisions and failure to take planning decisions) after subsection (4) insert—
I80I3843In section 195 (appeals against refusal or failure to give decision on application under section 191 or 192) before subsection (2) insert—
I81I3854
1 Section 208 (appeals against notices under section 207) is amended as follows.
2 For subsection (4) substitute—
3 In subsection (5) for “any such appeal” substitute “ an appeal under subsection (1) ”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

I82I3865In section 21 of the Listed Buildings Act (appeals: supplementary provisions) after subsection (7) insert—

Planning (Hazardous Substances) Act 1990 (c. 10)

I83I3876In section 21 of the Hazardous Substances Act (appeals against decisions and failure to take decisions relating to hazardous substances) after subsection (3) insert—

SCHEDULE 12 

Application of Act to Scotland: modifications

Section 236

I661Section 5(10) applies as if the reference to Part 11 of TCPA 1990 were a reference to Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8).
2Section 14 applies as if—
a in subsection (1)—
i the words “any of the following” were omitted, and
ii paragraphs (a) to (f) and (h) to (q) were omitted, and
b in subsection (2) for “sections 15 to 30A ” there were substituted “ section 21 ”.
3Section 32 applies as if—
a in subsection (1)—
i the reference to TCPA 1990 were a reference to section 26 of the Town and Country Planning (Scotland) Act 1997, and
ii the words “This is subject to subsections (2) and (3).” were omitted, and
b subsections (2) to (4) were omitted.
4Section 33 applies as if—
a in subsection (1)—
i for “none of the following is” there were substituted “the following are not”, and
ii paragraphs (b) and (d) to (j) were omitted, F335...
b paragraphs (a) to (c) of subsection (2), and subsections (3) and (4), were omitted, and
c in subsection (7) “Act” includes an Act of the Scottish Parliament.
5Section 44 applies as if—
a in subsection (2)(b), the words from “or” to the end were omitted,
b in subsection (3), references to section 5(1) of the Compulsory Purchase Act 1965 (c. 56) were references to section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19), and
c in subsection (6)—
i for paragraph (a) there were substituted—
, and
ii in paragraph (b), the reference to Part 1 of the Land Compensation Act 1973 (c. 26) were a reference to Part 1 of the Land Compensation (Scotland) Act 1973 (c. 56).
6Section 52 applies as if—
a in subsection (2)(c), the words from “or” to the end were omitted,
b in subsection (3)(b)—
i the reference to a freeholder were a reference to an owner, and
ii the reference to a mortgagee were a reference to a heritable creditor, F337...
c in subsection (11), references to section 5(1) of the Compulsory Purchase Act 1965 (c. 56) were references to section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19).
d in subsection (14) for paragraph (a) there were substituted—
, and
e in subsection (14)(b) the reference to Part 1 of the Land Compensation Act 1973 were a reference to Part 1 of the Land Compensation (Scotland) Act 1973.
7Section 53 applies as if—
za in subsection (1A), the reference to an Act included an Act of the Scottish Parliament,
a in subsection (7), the reference to chattels were a reference to moveable property,
b in subsection (8), the reference to the Upper Tribunal were a reference to the Lands Tribunal for Scotland, and
c in subsection (11), in the definition of “statutory undertakers”, the reference to Part 11 of TCPA 1990 were a reference to Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8).
8Section 57 applies as if—
a in subsection (2)(b), the words from “or” to the end were omitted,
b in subsection (3), references to section 5(1) of the Compulsory Purchase Act 1965 were references to section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, and
c in subsection (6)—
i for paragraph (a) there were substituted—
, and
ii in paragraph (b), the reference to Part 1 of the Land Compensation Act 1973 (c. 26) were a reference to Part 1 of the Land Compensation (Scotland) Act 1973 (c. 56).
9Section 58 applies as if—
a for subsection (6) there were substituted—
, and
b in subsection (7), the reference to section 127 of the Magistrates' Courts Act 1980 (c. 43) were a reference to section 136 of the Criminal Procedure (Scotland) Act 1995 (c. 46).
9ASection 102B applies as if—
a in subsection (2)(b), the words from “or” to the end were omitted,
b in subsection (3), references to section 5(1) of the Compulsory Purchase Act 1965 were references to section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, and
c in subsection (5)—
i for paragraph (a) there were substituted—
; and
ii in paragraph (b), the reference to Part 1 of the Land Compensation Act 1973 were a reference to Part 1 of the Land Compensation (Scotland) Act 1973.
10Section 120(6) applies as if the references to an Act included references to an Act of the Scottish Parliament.
11Section 127(8) applies as if, for the definition of “statutory undertakers” there were substituted—
F37112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14Section 130 applies as if—
a in subsection (4), the references to section 21 of the National Trust Act 1907 (c. cxxxvi) and section 8 of the National Trust Act 1939 (c. lxxxvi) were references to section 22 of the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935 (c. ii), and
b in subsection (5), for the definition of “the National Trust” there were substituted—
.
15Section 131 applies as if—
a in subsection (1), for “, open space or fuel or field garden allotment” there were substituted “ or open space ”, and
b in subsection (12), for the words from “common” to “1981” there were substituted—
16Section 132 applies as if—
a in subsection (1), for “, open space or fuel or field garden allotment” there were substituted “ or open space ”, and
b in subsection (12), for the words from “common” to “1981” there were substituted—
17Section 134 applies as if—
a for subsection (4) there were substituted—
, and
b in subsection (7)(d) the words “only in accordance with section 118” were omitted.
18 Section 138(4A) applies as if the reference to Part 11 of TCPA 1990 were a reference to Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8).
19Section 151 applies as if—
a for paragraph (c), there were substituted—
, and
b paragraph (d) were omitted.
20Section 152 applies as if—
a in subsection (4), the reference to the Upper Tribunal were a reference to the Lands Tribunal for Scotland,
b for subsections (5) and (6) there were substituted—
, and
c in subsection (7)—
i the reference to Part 1 of the Land Compensation Act 1973 were a reference to Part 1 of the Land Compensation (Scotland) Act 1973, and
ii in paragraph (c), for “17” there were substituted “ 15 ”.
21Section 164 applies as if the references to a justice of the peace were references to a sheriff.
22Section 165 applies as if—
a in subsection (4), the reference to chattels were a reference to moveable property,
b in subsection (5), the reference to theUpper Tribunal werea reference to the Lands Tribunal for Scotland, and
c in subsection (6), the reference to section 4 of the Land Compensation Act 1961 (c. 33) were a reference to sections 9 and 11 of the Land Compensation (Scotland) Act 1963 (c. 51).
23Section 170 applies as if—
a in subsection (3)—
i for the words from “the”, where it first occurs, to “(c.49)” there were substituted “ subsections (5) to (9) of section 135 of the Town and Country Planning (Scotland) Act 1997 (c. 8) (which relate to the execution and cost of certain works) ”, and
ii the words from “section 276” to the end were omitted,
b in subsection (4), for “section 289” there were substituted “ subsection (5) of section 135 ”, and
c subsection (5) were omitted.
24Section 171 applies as if—
a the references to an injunction were references to an interdict, and
b in subsection (4), the references to the High Court and the county court were references to the Court of Session and the sheriff.
25Section 229(5) applies as if the reference to section 233 of the Local Government Act 1972 (c. 70) were a reference to section 192 of the Local Government (Scotland) Act 1973 (c. 65).
26Section 235 applies as if—
a for the definition of “building” there were substituted—
,
b for the definition of “land” there were substituted—
,
c for the definition of “local planning authority” there were substituted—
,
d in the definition of “planning permission”, the reference to Part 3 of TCPA 1990 were a reference to Part 3 of the Town and Country Planning (Scotland) Act 1997, and
e in the definition of “use”, the reference to section 336(1) of TCPA 1990 were a reference to section 277(1) of the Town and Country Planning (Scotland) Act 1997.
27Part 1 of Schedule 5 applies as if paragraphs 4 to 6, 8, 9, 16 to 32 , 32B(1)(a), (b) and (d) and 38 were omitted.

I26I87I62I90I343I378I389 SCHEDULE 13 

Repeals

Section 238

ReferenceExtent of repeal
Forestry Act 1967 (c. 10)

In paragraph 2 of Schedule 3—
  1. the words from “section 77” to “(for Scotland)”, and
  2. “the said section 77 or (for Scotland)”.

Town and Country Planning Act 1990 (c. 8)

Section 61A(1).

Section 198(3), (4), (6), (8) and (9).

Section 199.

Section 201.

Section 202(3).

Sections 203 to 205.

Section 212(4).

In section 284(3)(a), “for planning permission”.

In Schedule 1, paragraph 17.

In Schedule 1A, paragraph 9.

In Schedule 4A, paragraph 2(4) and (5).

Environmental Protection Act 1990 (c. 43)In Schedule 13, paragraph 10.
Planning and Compensation Act 1991 (c. 34)

Section 6(6).

In Schedule 18, in Part 1, the entries for sections 203 and 204 of the Town and Country Planning Act 1990.

Planning and Compulsory Purchase Act 2004 (c. 5)

Section 15(2)(a) and (c).

Section 17(1) and (2).

Section 18(4) to (6).

Section 42(3).

Sections 46 to 48.

Section 53.

Section 122(5)(a).

In section 122(6), “(a),”.

In Schedule 6, paragraph 5.

Greater London Authority Act 2007 (c. 24)Section 36.

Footnotes

  1. I1
    S. 7 partly in force; s. 7 in force for certain purposes at Royal Assent see s. 241
  2. I2
    S. 14 partly in force; s. 14 in force for certain purposes at Royal Assent see s. 241
  3. I3
    S. 25 partly in force; s. 25 in force for certain purposes at Royal Assent see s. 241
  4. I4
    S. 42 partly in force; s. 42 in force for certain purposes at Royal Assent see s. 241
  5. I5
    S. 47 partly in force; s. 47 in force for certain purposes at Royal Assent see s. 241
  6. I6
    S. 48 partly in force; s. 48 in force for certain purposes at Royal Assent see s. 241
  7. I7
    S. 51 partly in force; s. 51 in force for certain purposes at Royal Assent see s. 241
  8. I8
    S. 56 partly in force; s. 56 in force for certain purposes at Royal Assent see s. 241
  9. I9
    S. 59 partly in force; s. 59 in force for certain purposes at Royal Assent see s. 241
  10. I10
    S. 102 in force for certain purposes at Royal Assent see s. 241
  11. I11
    S. 104 partly in force; s. 104 in force for certain purposes at Royal Assent see s. 241
  12. I12
    S. 105 partly in force; s. 105 in force for certain purposes at Royal Assent see s. 241
  13. I13
    S. 114 partly in force; s. 114 in force for certain purposes at Royal Assent see s. 241
  14. I14
    S. 123 partly in force; s. 123 in force for certain purposes at Royal Assent see s. 241
  15. I15
    S. 134 partly in force; s. 134 in force for certain purposes at Royal Assent see s. 241
  16. I16
    S. 150 partly in force; s. 150 in force for certain purposes at Royal Assent see s. 241
  17. I17
    S. 154 partly in force; s. 154 in force for certain purposes at Royal Assent see s. 241
  18. I18
    S. 155 partly in force; s. 155 in force for certain purposes at Royal Assent see s. 241
  19. I19
    S. 160 partly in force; s. 160 in force for certain purposes at Royal Assent see s. 241
  20. I20
    S. 161 partly in force; s. 161 in force for certain purposes at Royal Assent see s. 241
  21. I21
    S. 165 partly in force; s. 165 in force for certain purposes at Royal Assent see s. 241
  22. I22
    S. 169 partly in force; s. 169 in force for certain purposes at Royal Assent see s. 241
  23. I23
    S. 170 partly in force; s. 170 in force for certain purposes at Royal Assent see s. 241
  24. I24
    S. 194 partly in force; s. 194(2)-(5) in force at 26.1.2009 see s. 241
  25. I25
    S. 211 partly in force; s. 211(1)-(6)(8) in force at Royal Assent see s. 241
  26. I26
    Sch. 13 partly in force; Sch. 13 in force for certain purposes at 26.1.2009 see s. 241
  27. I27
    S. 5 in force at 6.4.2009 by S.I. 2009/400, art. 2
  28. I28
    S. 6 in force at 6.4.2009 by S.I. 2009/400, art. 2
  29. I29
    S. 7 in force at 6.4.2009 in so far as not already in force by S.I. 2009/400, art. 2
  30. I30
    S. 8 in force at 6.4.2009 by S.I. 2009/400, art. 2
  31. I31
    S. 9 in force at 6.4.2009 by S.I. 2009/400, art. 2
  32. I32
    S. 10 in force at 6.4.2009 by S.I. 2009/400, art. 2
  33. I33
    S. 11 in force at 6.4.2009 by S.I. 2009/400, art. 2
  34. I34
    S. 13 in force at 6.4.2009 by S.I. 2009/400, art. 3(a)
  35. I35
    S. 175(1) (2) (4)-(8) in force at 6.4.2009 for specified purposes for E.W. by S.I. 2009/400, art. 3(b)
  36. I36
    S. 177 in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(c)
  37. I37
    S. 179 in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(d)
  38. I38
    S. 180 in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(e)
  39. I39
    S. 181 in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(e)
  40. I40
    S. 182 in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(e)
  41. I41
    S. 184 in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(f)
  42. I42
    S. 191(2) in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(g) (with art. 6(1))
  43. I43
    S. 194(1) in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(h)
  44. I44
    S. 195 in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(i)
  45. I45
    S. 196 in force at 6.4.2009 for specified purposes for E.W. by S.I. 2009/400, art. 3(j) (with art. 6(2))
  46. I46
    Sch. 10 para. 1 in force at 6.4.2009 for specified purposes for E.W. by S.I. 2009/400, art. 3(j)
  47. I47
    Sch. 10 para. 3 in force at 6.4.2009 for specified purposes for E.W. by S.I. 2009/400, art. 3(j)
  48. I48
    Sch. 10 para. 4 in force at 6.4.2009 for specified purposes for E.W. by S.I. 2009/400, art. 3(j)
  49. I49
    Sch. 10 para. 5 in force at 6.4.2009 for specified purposes for E.W. by S.I. 2009/400, art. 3(j)
  50. I50
    Sch. 10 para. 6 in force at 6.4.2009 for specified purposes for E.W. by S.I. 2009/400, art. 3(j)
  51. I51
    Sch. 10 para. 10 in force at 6.4.2009 for specified purposes for E.W. by S.I. 2009/400, art. 3(j)
  52. I52
    Sch. 10 para. 11 in force at 6.4.2009 for specified purposes for E.W. by S.I. 2009/400, art. 3(j)
  53. I53
    Sch. 10 para. 12 in force at 6.4.2009 for specified purposes for E.W. by S.I. 2009/400, art. 3(j)
  54. I54
    Sch. 10 para. 13 in force at 6.4.2009 for specified purposes for E.W. by S.I. 2009/400, art. 3(j)
  55. I55
    Sch. 10 para. 14 in force at 6.4.2009 for specified purposes for E.W. by S.I. 2009/400, art. 3(j)
  56. I56
    S. 206 in force at 6.4.2009 for specified purposes by S.I. 2009/400, art. 3(k)
  57. I57
    S. 211(7) in force at 6.4.2009 by S.I. 2009/400, art. 3(l)
  58. I58
    S. 224(1)(4) in force at 6.4.2009 by S.I. 2009/400, art. 3(m)
  59. I59
    Sch. 7 para. 2(3)(4) in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(n)
  60. I60
    Sch. 7 para. 3(3) in force at 6.4.2009 for E.W. by S.I. 2009/400, art. 3(n)
  61. I61
    S. 238 in force at 6.4.2009 for specified purposes for E.W. by S.I. 2009/400, art. 3(o)
  62. I62
    Sch. 13 in force at 6.4.2009 for specified purposes for E.W. by S.I. 2009/400, art. 3(o)
  63. I63
    S. 176(1)-(3) (5)-(9) in force at 6.4.2009 for specified purposes for S. by S.I. 2009/400, art. 4(a)
  64. I64
    S. 178 in force at 6.4.2009 by S.I. 2009/400, art. 4(b)
  65. I65
    S. 236 in force at 6.4.2009 for S. by S.I. 2009/400, art. 4(c)
  66. I66
    Sch. 12 para. 1 in force at 6.4.2009 for S. by S.I. 2009/400, art. 4(c)
  67. I67
    S. 183 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(a)
  68. I68
    S. 185 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(a)
  69. I69
    S. 187 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)
  70. I70
    Sch. 7 para. 1 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)
  71. I71
    Sch. 7 para. 2(1)(2) in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)
  72. I72
    Sch. 7 para. 3(1)(2)(4) in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)
  73. I73
    Sch. 7 para. 4 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)
  74. I74
    S. 191(1)(3) in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(c) (with art. 6(1))
  75. I75
    S. 197 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(d)
  76. I76
    S. 198 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(e)
  77. I77
    S. 199 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(e)
  78. I78
    Sch. 11 para. 1 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(d)
  79. I79
    Sch. 11 para. 2 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(d)
  80. I80
    Sch. 11 para. 3 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(d)
  81. I81
    Sch. 11 para. 4 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(d)
  82. I82
    Sch. 11 para. 5 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(d)
  83. I83
    Sch. 11 para. 6 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(d)
  84. I84
    S. 238 in force at 6.4.2009 for specified purposes for E. by S.I. 2009/400, art. 5(g)
  85. I85
    Sch. 7 para. 5 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)
  86. I86
    Sch. 7 para. 6 in force at 6.4.2009 for E. by S.I. 2009/400, art. 5(b)
  87. I87
    Sch. 13 in force at 6.4.2009 for specified purposes for E. by S.I. 2009/400, art. 5(g)
  88. F1
    Words in s. 53(8) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 292 (with Sch. 5)
  89. F2
    Words in s. 152(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 293 (with Sch. 5)
  90. F3
    Words in s. 165(5) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 294(a) (with Sch. 5)
  91. F4
    Word in s. 165(6) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 294(b) (with Sch. 5)
  92. F5
    Words in s. 192(7) omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 295 (with Sch. 5)
  93. F6
    Words in s. 219(6) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 296(a) (with Sch. 5)
  94. F7
    Word in s. 219(7) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 296(b) (with Sch. 5)
  95. F8
    Words in Sch. 12 para. 20(a) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 298(a) (with Sch. 5)
  96. F9
    Word in Sch. 12 para. 22(c) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 298(b) (with Sch. 5)
  97. F10
    Words in Sch. 12 para. 22(b) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 298(a) (with Sch. 5)
  98. F11
    Words in Sch. 12 para. 7(b) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 298(a) (with Sch. 5)
  99. F12
    Words in Sch. 6 para. 6(6)(a) omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 297 (with Sch. 5)
  100. F13
    Words in Sch. 6 para. 7(3)(d) omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 297 (with Sch. 5)
  101. I88
    S. 188 in force at 23.6.2009 for E. by S.I. 2009/1303, art. 2(a)
  102. I89
    S. 238 in force at 23.6.2009 for specified purposes for E. by S.I. 2009/1303, art. 2(b), Sch.
  103. I90
    Sch. 13 in force at 23.6.2009 for specified purposes for E. by S.I. 2009/1303, art. 2(b), Sch.
  104. I91
    S. 4 in force at 1.10.2009 in so far as not already in force by S.I. 2009/2260, art. 2(a)
  105. I92
    S. 37 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
  106. I93
    S. 39 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
  107. I94
    S. 40 in force at 1.10.2009 in so far as not already in force by S.I. 2009/2260, art. 2(b)
  108. I95
    S. 41 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
  109. I96
    S. 42 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
  110. I97
    S. 43 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
  111. I98
    S. 44 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
  112. I99
    S. 45 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
  113. I100
    S. 46 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
  114. I101
    S. 47 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
  115. I102
    S. 48 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
  116. I103
    S. 49 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
  117. I104
    S. 50 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
  118. I105
    S. 51 in force at 1.10.2009 in so far as not already in force by S.I. 2009/2260, art. 2(b)
  119. I106
    S. 52 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
  120. I107
    S. 53 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
  121. I108
    S. 54 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
  122. I109
    S. 56 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)
  123. I110
    S. 57 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)
  124. I111
    S. 58 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)
  125. I112
    S. 59 in force at 1.10.2009 by S.I. 2009/2260, art. 2(c)
  126. I113
    S. 190(1)-(3) (5) (6) in force at 1.10.2009 for E.W. by S.I. 2009/2260, art. 3
  127. I114
    S. 200 in force at 1.10.2009 for E. by S.I. 2009/2260, art. 4
  128. F14
    S. 104(2)(aa) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 58(5), 324(2)(a)
  129. C1
    S. 155 modified (1.3.2010) by The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 (S.I. 2010/105), regs. 1(1), 4
  130. I115
    S. 36 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  131. I116
    Sch. 2 para. 1 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  132. I117
    Sch. 2 para. 2 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  133. I118
    Sch. 2 para. 3 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  134. I119
    Sch. 2 para. 4 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  135. I120
    Sch. 2 para. 5 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  136. I121
    Sch. 2 para. 6 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  137. I122
    Sch. 2 para. 7 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  138. I123
    Sch. 2 para. 8 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  139. I124
    Sch. 2 para. 9 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  140. I125
    Sch. 2 para. 10 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  141. I126
    Sch. 2 para. 11 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  142. I127
    Sch. 2 para. 12 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  143. I128
    Sch. 2 para. 13 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  144. I129
    Sch. 2 para. 14 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  145. I130
    Sch. 2 para. 16 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  146. I131
    Sch. 2 para. 17 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  147. I132
    Sch. 2 para. 18 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  148. I133
    Sch. 2 para. 19 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  149. I134
    Sch. 2 para. 20 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  150. I135
    Sch. 2 para. 21 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  151. I136
    Sch. 2 para. 22 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  152. I137
    Sch. 2 para. 23 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  153. I138
    Sch. 2 para. 24 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  154. I139
    Sch. 2 para. 25 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  155. I140
    Sch. 2 para. 26 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  156. I141
    Sch. 2 para. 27 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  157. I142
    Sch. 2 para. 28 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  158. I143
    Sch. 2 para. 29 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  159. I144
    Sch. 2 para. 30 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  160. I145
    Sch. 2 para. 31 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  161. I146
    Sch. 2 para. 32 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  162. I147
    Sch. 2 para. 33 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  163. I148
    Sch. 2 para. 34 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  164. I149
    Sch. 2 para. 35 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  165. I150
    Sch. 2 para. 36 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  166. I151
    Sch. 2 para. 37 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  167. I152
    Sch. 2 para. 38 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  168. I153
    Sch. 2 para. 39 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  169. I154
    Sch. 2 para. 40 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  170. I155
    Sch. 2 para. 42 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  171. I156
    Sch. 2 para. 43 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  172. I157
    Sch. 2 para. 44 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  173. I158
    Sch. 2 para. 45 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  174. I159
    Sch. 2 para. 46 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  175. I160
    Sch. 2 para. 47 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  176. I161
    Sch. 2 para. 48 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  177. I162
    Sch. 2 para. 49 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  178. I163
    Sch. 2 para. 50 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  179. I164
    Sch. 2 para. 51 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  180. I165
    Sch. 2 para. 52 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  181. I166
    Sch. 2 para. 53 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  182. I167
    Sch. 2 para. 54 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  183. I168
    Sch. 2 para. 55 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  184. I169
    Sch. 2 para. 56 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  185. I170
    Sch. 2 para. 57 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  186. I171
    Sch. 2 para. 58 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  187. I172
    Sch. 2 para. 59 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  188. I173
    Sch. 2 para. 60 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  189. I174
    Sch. 2 para. 61 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  190. I175
    Sch. 2 para. 62 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  191. I176
    Sch. 2 para. 63 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  192. I177
    Sch. 2 para. 64 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  193. I178
    Sch. 2 para. 65 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  194. I179
    Sch. 2 para. 66 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
  195. I180
    S. 14(1)(a)-(l) (2)-(7) in force at 1.3.2010 by S.I. 2010/101, art. 3(a) (with art. 6)
  196. I181
    S. 21 in force at 1.3.2010 by S.I. 2010/101, art. 3(b) (with art. 6)
  197. I182
    S. 31 in force at 1.3.2010 by S.I. 2010/101, art. 3(c) (with art. 6)
  198. I183
    S. 32 in force at 1.3.2010 by S.I. 2010/101, art. 3(c) (with art. 6)
  199. I184
    S. 33 in force at 1.3.2010 by S.I. 2010/101, art. 3(c) (with art. 6)
  200. I185
    S. 34 in force at 1.3.2010 by S.I. 2010/101, art. 3(c) (with art. 6)
  201. I186
    S. 35 in force at 1.3.2010 by S.I. 2010/101, art. 3(c) (with art. 6)
  202. I187
    S. 55 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  203. I188
    S. 60 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  204. I189
    S. 61 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  205. I190
    S. 62 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  206. I191
    S. 64 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  207. I192
    S. 65 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  208. I193
    S. 66 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  209. I194
    S. 68 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  210. I195
    S. 69 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  211. I196
    S. 71 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  212. I197
    S. 72 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  213. I198
    S. 73 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  214. I199
    S. 74 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  215. I200
    S. 75 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  216. I201
    S. 76 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  217. I202
    S. 77 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  218. I203
    S. 78 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  219. I204
    S. 80 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  220. I205
    S. 82 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  221. I206
    S. 83 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  222. I207
    S. 86 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  223. I208
    S. 87 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  224. I209
    S. 88 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  225. I210
    S. 89 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  226. I211
    S. 90 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  227. I212
    S. 91 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  228. I213
    S. 92 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  229. I214
    S. 93 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  230. I215
    S. 94 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  231. I216
    S. 95 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  232. I217
    S. 96 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  233. I218
    S. 97 in force at 1.3.2010 in so far as not already in force by S.I. 2010/101, art. 3(d) (with art. 6)
  234. I219
    S. 98 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  235. I220
    S. 99 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  236. I221
    S. 100 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  237. I222
    S. 101 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  238. I223
    S. 102 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  239. I224
    S. 103 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  240. I225
    S. 104 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  241. I226
    S. 105 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  242. I227
    S. 106 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  243. I228
    S. 107 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  244. I229
    S. 108 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  245. I230
    S. 114 in force at 1.3.2010 in so far as not already in force by S.I. 2010/101, art. 3(d) (with art. 6)
  246. I231
    S. 115 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  247. I232
    S. 116 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  248. I233
    S. 117 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  249. I234
    S. 118 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  250. I235
    S. 119 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  251. I236
    Sch. 4 para. 1 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  252. I237
    Sch. 4 para. 2 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  253. I238
    Sch. 4 para. 3 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  254. I239
    Sch. 4 para. 4 in force at 1.3.2010 by S.I. 2010/101, art. 3(d) (with art. 6)
  255. I240
    S. 120 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  256. I241
    Sch. 5 para. 1 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  257. I242
    Sch. 5 para. 2 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  258. I243
    Sch. 5 para. 3 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  259. I244
    Sch. 5 para. 4 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  260. I245
    Sch. 5 para. 5 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  261. I246
    Sch. 5 para. 6 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  262. I247
    Sch. 5 para. 7 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  263. I248
    Sch. 5 para. 8 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  264. I249
    Sch. 5 para. 9 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  265. I250
    Sch. 5 para. 10 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  266. I251
    Sch. 5 para. 11 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  267. I252
    Sch. 5 para. 12 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  268. I253
    Sch. 5 para. 13 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  269. I254
    Sch. 5 para. 14 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  270. I255
    Sch. 5 para. 15 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  271. I256
    Sch. 5 para. 16 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  272. I257
    Sch. 5 para. 17 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  273. I258
    Sch. 5 para. 18 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  274. I259
    Sch. 5 para. 19 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  275. I260
    Sch. 5 para. 20 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  276. I261
    Sch. 5 para. 21 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  277. I262
    Sch. 5 para. 22 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  278. I263
    Sch. 5 para. 23 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  279. I264
    Sch. 5 para. 24 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  280. I265
    Sch. 5 para. 25 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  281. I266
    Sch. 5 para. 26 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  282. I267
    Sch. 5 para. 31 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  283. I268
    Sch. 5 para. 32 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  284. I269
    Sch. 5 para. 33 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  285. I270
    Sch. 5 para. 34 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  286. I271
    Sch. 5 para. 35 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  287. I272
    Sch. 5 para. 36 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  288. I273
    Sch. 5 para. 37 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  289. I274
    Sch. 5 para. 38 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  290. I275
    Sch. 5 para. 39 in force at 1.3.2010 by S.I. 2010/101, art. 3(e) (with art. 6)
  291. I276
    S. 122 in force at 1.3.2010 by S.I. 2010/101, art. 3(f) (with art. 6)
  292. I277
    S. 123 in force at 1.3.2010 by S.I. 2010/101, art. 3(f) (with art. 6)
  293. I278
    S. 125 in force at 1.3.2010 by S.I. 2010/101, art. 3(f) (with art. 6)
  294. I279
    S. 126 in force at 1.3.2010 by S.I. 2010/101, art. 3(f) (with art. 6)
  295. I280
    S. 127 in force at 1.3.2010 by S.I. 2010/101, art. 3(f) (with art. 6)
  296. I281
    S. 129 in force at 1.3.2010 by S.I. 2010/101, art. 3(f) (with art. 6)
  297. I282
    S. 130 in force at 1.3.2010 by S.I. 2010/101, art. 3(f) (with art. 6)
  298. I283
    S. 131 in force at 1.3.2010 by S.I. 2010/101, art. 3(f) (with art. 6)
  299. I284
    S. 132 in force at 1.3.2010 by S.I. 2010/101, art. 3(f) (with art. 6)
  300. I285
    S. 134 in force at 1.3.2010 by S.I. 2010/101, art. 3(f) (with art. 6)
  301. I286
    S. 135 in force at 1.3.2010 by S.I. 2010/101, art. 3(g) (with art. 6)
  302. I287
    S. 136 in force at 1.3.2010 by S.I. 2010/101, art. 3(g) (with art. 6)
  303. I288
    S. 138 in force at 1.3.2010 by S.I. 2010/101, art. 3(g) (with art. 6)
  304. I289
    S. 150 in force at 1.3.2010 by S.I. 2010/101, art. 3(h) (with art. 6)
  305. I290
    S. 151 in force at 1.3.2010 by S.I. 2010/101, art. 3(h) (with art. 6)
  306. I291
    S. 152 in force at 1.3.2010 by S.I. 2010/101, art. 3(h) (with art. 6)
  307. I292
    S. 154 in force at 1.3.2010 by S.I. 2010/101, art. 3(i) (with art. 6)
  308. I293
    S. 155 in force at 1.3.2010 by S.I. 2010/101, art. 3(i) (with art. 6)
  309. I294
    S. 156 in force at 1.3.2010 by S.I. 2010/101, art. 3(i) (with art. 6)
  310. I295
    S. 157 in force at 1.3.2010 by S.I. 2010/101, art. 3(i) (with art. 6)
  311. I296
    S. 158 in force at 1.3.2010 by S.I. 2010/101, art. 3(i) (with art. 6)
  312. I297
    S. 159 in force at 1.3.2010 by S.I. 2010/101, art. 3(i) (with art. 6)
  313. I298
    S. 160 in force at 1.3.2010 in so far as not already in force by S.I. 2010/101, art. 3(j) (with art. 6)
  314. I299
    S. 161 in force at 1.3.2010 in so far as not already in force by S.I. 2010/101, art. 3(j) (with art. 6)
  315. I300
    S. 162 in force at 1.3.2010 by S.I. 2010/101, art. 3(j) (with art. 6)
  316. I301
    S. 163 in force at 1.3.2010 by S.I. 2010/101, art. 3(j) (with art. 6)
  317. I302
    S. 164 in force at 1.3.2010 by S.I. 2010/101, art. 3(j) (with art. 6)
  318. I303
    S. 165 in force at 1.3.2010 by S.I. 2010/101, art. 3(j) (with art. 6)
  319. I304
    S. 166 in force at 1.3.2010 by S.I. 2010/101, art. 3(j) (with art. 6)
  320. I305
    S. 167 in force at 1.3.2010 by S.I. 2010/101, art. 3(j) (with art. 6)
  321. I306
    S. 168 in force at 1.3.2010 by S.I. 2010/101, art. 3(j) (with art. 6)
  322. I307
    S. 169 in force at 1.3.2010 by S.I. 2010/101, art. 3(j) (with art. 6)
  323. I308
    S. 170 in force at 1.3.2010 in so far as not already in force by S.I. 2010/101, art. 3(j) (with art. 6)
  324. I309
    S. 171 in force at 1.3.2010 by S.I. 2010/101, art. 3(j) (with art. 6)
  325. I310
    S. 172 in force at 1.3.2010 in so far as not already in force by S.I. 2010/101, art. 3(j) (with art. 6)
  326. I311
    S. 173 in force at 1.3.2010 by S.I. 2010/101, art. 3(j) (with art. 6)
  327. I312
    S. 174 in force at 1.3.2010 by S.I. 2010/101, art. 3(k) (with art. 6)
  328. I313
    S. 15 in force at 1.3.2010 by S.I. 2010/101, art. 4(a) (with art. 6)
  329. I314
    S. 16 in force at 1.3.2010 by S.I. 2010/101, art. 4(a) (with art. 6)
  330. I315
    S. 17 in force at 1.3.2010 by S.I. 2010/101, art. 4(a) (with art. 6)
  331. I316
    S. 18 in force at 1.3.2010 by S.I. 2010/101, art. 4(a) (with art. 6)
  332. I317
    S. 19 in force at 1.3.2010 by S.I. 2010/101, art. 4(a) (with art. 6)
  333. I318
    S. 20 in force at 1.3.2010 by S.I. 2010/101, art. 4(a) (with art. 6)
  334. I319
    S. 23 in force at 1.3.2010 by S.I. 2010/101, art. 4(b) (with art. 6)
  335. I320
    S. 24 in force at 1.3.2010 by S.I. 2010/101, art. 4(b) (with art. 6)
  336. I321
    S. 25 in force at 1.3.2010 by S.I. 2010/101, art. 4(b) (with art. 6)
  337. I322
    S. 26 in force at 1.3.2010 by S.I. 2010/101, art. 4(b) (with art. 6)
  338. I323
    S. 118 in force at 1.3.2010 by S.I. 2010/101, art. 4(c) (with art. 6)
  339. I324
    S. 133 in force at 1.3.2010 by S.I. 2010/101, art. 4(d) (with art. 6)
  340. I325
    S. 139 in force at 1.3.2010 by S.I. 2010/101, art. 4(e) (with art. 6)
  341. I326
    S. 140 in force at 1.3.2010 by S.I. 2010/101, art. 4(e) (with art. 6)
  342. I327
    S. 141 in force at 1.3.2010 by S.I. 2010/101, art. 4(e) (with art. 6)
  343. I328
    S. 142 in force at 1.3.2010 by S.I. 2010/101, art. 4(e) (with art. 6)
  344. I329
    S. 143 in force at 1.3.2010 by S.I. 2010/101, art. 4(e) (with art. 6)
  345. I330
    S. 144 in force at 1.3.2010 by S.I. 2010/101, art. 4(e) (with art. 6)
  346. I331
    S. 145 in force at 1.3.2010 by S.I. 2010/101, art. 4(e) (with art. 6)
  347. I332
    S. 146 in force at 1.3.2010 by S.I. 2010/101, art. 4(e) (with art. 6)
  348. I333
    S. 147 in force at 1.3.2010 by S.I. 2010/101, art. 4(e) (with art. 6)
  349. I334
    S. 148 in force at 1.3.2010 by S.I. 2010/101, art. 4(e) (with art. 6)
  350. I335
    S. 149 in force at 1.3.2010 by S.I. 2010/101, art. 4(e) (with art. 6)
  351. I336
    S. 175 in force at 1.3.2010 for E.W. in so far as not already in force by S.I. 2010/101, art. 4(f) (with art. 6)
  352. I337
    S. 176 in force at 1.3.2010 for S. in so far as not already in force by S.I. 2010/101, art. 5 (with art. 6)
  353. F15
    S. 237A inserted (1.3.2010 retrospectively) by Growth and Infrastructure Act 2013 (c. 27), s. 22(1)(2), 35(1); S.I. 2013/1124, art. 4(a) (see S.I. 2010/101, arts. 2, 3)
  354. F16
    Word in s. 16(3)(a) omitted (1.3.2010) by The Overhead Lines (Exempt Installations) Order 2010 (S.I. 2010/277), arts. 1, 2(a)
  355. F17
    S. 16(3)(c) and word inserted (1.3.2010) by The Overhead Lines (Exempt Installations) Order 2010 (S.I. 2010/277), arts. 1, 2(b)
  356. F18
    S. 42(2) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(2)(c), 324(3); S.I. 2010/298, art. 2, Sch. para. 6
  357. F19
    S. 42(1): s. 42 renumbered as s. 42(1) (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(2)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 6
  358. F20
    S. 42(1)(aa) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(2)(b), 324(3); S.I. 2010/298, art. 2, Sch. para. 6
  359. F21
    S. 43 heading substituted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(3)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 6
  360. F22
    S. 44 heading substituted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(3)(b), 324(3); S.I. 2010/298, art. 2, Sch. para. 6
  361. F23
    S. 56(2A) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(5)(b), 324(3); S.I. 2010/298, art. 2, Sch. para. 6
  362. F24
    S. 56(2)(aa) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(5)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 6
  363. F25
    Words in s. 55(5) substituted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(4)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 6
  364. F26
    Words in s. 55(5) substituted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(4)(b), 324(3); S.I. 2010/298, art. 2, Sch. para. 6
  365. F27
    S. 102(1A) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(6)(b), 324(3); S.I. 2010/298, art. 2, Sch. para. 6
  366. F28
    S. 102(1)(ba) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(6)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 6
  367. F29
    S. 179 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(5), (5), Sch. 7 Pt. 4; S.I. 2009/3318, art. 4(ii)
  368. F30
    S. 181 repealed (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 146(3), 148(5), (5), Sch. 7 Pt. 4; S.I. 2009/3318, art. 4(ii)
  369. I338
    S. 224(3) in force at 6.4.2010 by S.I. 2010/566, art. 2
  370. I339
    S. 189 in force at 6.4.2010 for E.W. by S.I. 2010/566, art. 3(a) (with art. 4)
  371. I340
    S. 190(4) in force at 6.4.2010 for E.W. by S.I. 2010/566, art. 3(b)
  372. I341
    S. 206 in force at 6.4.2010 for E.W. in so far as not already in force by S.I. 2010/566, art. 3(c)
  373. I342
    S. 238 in force at 6.4.2010 for specified purposes for E.W. by S.I. 2010/566, art. 3(d), Sch.
  374. I343
    Sch. 13 in force at 6.4.2010 for specified purposes for E.W. by S.I. 2010/566, art. 3(d), Sch.
  375. F31
    Word in s. 216(2)(e) inserted (6.4.2010) by The Community Infrastructure Levy Regulations 2010 (S.I. 2010/948), regs. 1, 63(2)
  376. F32
    Word in s. 216(2)(f) substituted (6.4.2010) by The Community Infrastructure Levy Regulations 2010 (S.I. 2010/948), regs. 1, 63(3)
  377. F33
    S. 216(2)(g) omitted (6.4.2010) by virtue of The Community Infrastructure Levy Regulations 2010 (S.I. 2010/948), regs. 1, 63(4)
  378. F34
    Sch. 2 para. 50 ceases to have effect (1.10.2010) by virtue of Flood and Water Management Act 2010 (c. 29), ss. 41(1), 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4, Sch.
  379. F35
    Sch. 5 paras. 30A, 30B inserted (12.11.2009 for specified purposes, 6.4.2011 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 8 para. 4(5) (with s. 111); S.I. 2011/556, art. 3(2)(a)
  380. I344
    S. 14(1)(o) in force at 6.4.2011 for E.W. by S.I. 2011/705, art. 2
  381. I345
    S. 29 in force at 6.4.2011 by S.I. 2011/705, art. 2
  382. F36
    Sch. 5 paras. 27-30 repealed (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 4(7)(c), 22 Pt. 2 (with s. 111); S.I. 2011/556, art. 3(2)(a)(d)
  383. F37
    S. 149A inserted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 4(2) (with s. 111); S.I. 2011/556, art. 3(2)(a)
  384. F38
    S. 148 repealed (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 4(7)(a), 22 Pt. 2 (with s. 111); S.I. 2011/556, art. 3(2)(a)(d)
  385. F39
    S. 149 repealed (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 4(7)(b), 22 Pt. 2 (with s. 111); S.I. 2011/556, art. 3(2)(a)(d)
  386. F40
    Words in s. 161(2) substituted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 4(3) (with s. 111); S.I. 2011/556, art. 3(2)(a)
  387. F41
    Words in Sch. 4 para. 1(11) substituted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 4(4) (with s. 111); S.I. 2011/556, art. 3(2)(a)
  388. F42
    Words in Sch. 6 para. 2(13) substituted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 4(6)(a) (with s. 111); S.I. 2011/556, art. 3(2)(a)
  389. F43
    Words in Sch. 6 para. 5(6) substituted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 4(6)(b) (with s. 111); S.I. 2011/556, art. 3(2)(a)
  390. I346
    S. 14(1)(p) in force at 1.10.2011 by S.I. 2011/2054, art. 2(a)
  391. I347
    S. 30 in force at 1.10.2011 by S.I. 2011/2054, art. 2(a)
  392. I348
    S. 153 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)
  393. I349
    Sch. 6 para. 1 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)
  394. I350
    Sch. 6 para. 2 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)
  395. I351
    Sch. 6 para. 3 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)
  396. I352
    Sch. 6 para. 4 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)
  397. I353
    Sch. 6 para. 5 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)
  398. I354
    Sch. 6 para. 6 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)
  399. I355
    Sch. 6 para. 7 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)
  400. F44
    S. 212A inserted (16.11.2011) by Localism Act 2011 (c. 20), ss. 114(4), 240(6) (with ss. 114(8), 144)
  401. F45
    S. 211(7A)(7B) inserted (16.11.2011) by Localism Act 2011 (c. 20), ss. 114(2), 240(6) (with ss. 114(8), 144)
  402. F46
    S. 212(4)(7) substituted for s. 212(4)-(7) (16.11.2011) by Localism Act 2011 (c. 20), ss. 114(3), 240(6) (with ss. 114(8), 144)
  403. F47
    S. 213(1)-(1D) substituted for s. 213(1) (16.11.2011) by Localism Act 2011 (c. 20), ss. 114(5), 240(6) (with ss. 114(8), 144)
  404. F48
    S. 213(3A)-(3C) inserted (16.11.2011) by Localism Act 2011 (c. 20), ss. 114(6), 240(6) (with ss. 114(8), 144)
  405. F49
    S. 213(5) inserted (16.11.2011) by Localism Act 2011 (c. 20), ss. 114(7), 240(6) (with ss. 114(8), 144)
  406. F50
    S. 216A - S. 216B inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(6), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  407. F51
    Words in s. 205(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(2)(a), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  408. F52
    Words in s. 205(2) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(2)(b), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  409. F53
    Words in s. 205(3) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(3), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  410. F54
    S. 206(6) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 61(3)
  411. F55
    Words in s. 206(5)(a) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 61(2)
  412. F56
    S. 211(4)(aa)(ab) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(4), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  413. F57
    Words in s. 216(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(5)(b), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  414. F58
    Words in s. 216(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(5)(a)(i), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  415. F59
    Words in s. 216(1) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(5)(a)(ii), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  416. F60
    S. 216(4)(aa)-(ac) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(5)(d), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  417. F61
    Words in s. 216(4)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(5)(c), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  418. F62
    Words in s. 216(4)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(5)(e), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  419. F63
    Words in s. 216(5)(a) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(5)(f), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  420. F64
    Word in s. 216(5)(c) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(5)(g), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  421. F65
    Words in s. 216(6)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(5)(h), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  422. F66
    Words in s. 216(6)(c) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(5)(i), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  423. F67
    Word in s. 216(6)(e) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(5)(j)(i), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  424. F68
    Word in s. 216(6)(e) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(5)(j)(ii), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
  425. F69
    Words in s. 210(1)(b) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 136(2) (with s. 20(2), Sch. 8)
  426. F70
    Words in s. 210(4)(a) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 136(3)(a) (with s. 20(2), Sch. 8)
  427. F71
    Words in s. 210(4)(b) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 136(3)(b) (with s. 20(2), Sch. 8)
  428. F72
    Words in s. 210(5) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 136(4) (with s. 20(2), Sch. 8)
  429. F73
    Word in s. 88(3)(a) repealed (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 138(5)(a), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/57, art. 2(c); S.I. 2012/628, art. 7(a)
  430. F74
    S. 88(3)(c)(d) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 138(5)(b), 240(2) (with s. 144); S.I. 2012/57, art. 2(c); S.I. 2012/628, art. 7(a)
  431. F75
    S. 88(3A) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 138(5)(c), 240(2) (with s. 144); S.I. 2012/57, art. 2(c); S.I. 2012/628, art. 7(a)
  432. F76
    S. 134(7)(ca) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 142(3), 240(2) (with s. 144); S.I. 2012/57, art. 2(d); S.I. 2012/628, art. 7(a)
  433. F77
    Words in s. 4(1) substituted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 3(2); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)
  434. F78
    Words in s. 4(3) substituted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 3(3)(a); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)
  435. F79
    Words in s. 4(3) substituted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 3(3)(b); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)
  436. F80
    S. 4(4)(5) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 3(4); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)
  437. F81
    Words in Pt. 1 heading substituted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 3(5); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)
  438. F82
    Words in s. 51(1) substituted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 10(2); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)
  439. F83
    S. 51(3)(4) substituted for (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 10(3); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)
  440. F84
    S. 95A inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 42; S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a)
  441. F85
    Ss. 6A, 6B inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(8), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  442. F86
    S. 56A inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  443. F87
    S. 35A inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(10), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  444. F88
    S. 88A inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(6), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  445. F89
    Ss. 102A, 102B inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(9), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  446. F90
    Words in s. 71 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 28(5); S.I. 2012/628, art. 7(a)
  447. F91
    Words in Pt. 6 Ch. 3 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(6); S.I. 2012/628, art. 7(a)
  448. F92
    Ss. 84, 85 and cross-heading repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 36, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  449. F93
    Words in s. 78 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(5); S.I. 2012/628, art. 7(a)
  450. F94
    Words in s. 78 cross-heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(5); S.I. 2012/628, art. 7(a)
  451. F95
    Words in s. 83 cross-heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(2); S.I. 2012/628, art. 7(a)
  452. F96
    Words in s. 83 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(2); S.I. 2012/628, art. 7(a)
  453. F97
    Words in s. 80 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(5); S.I. 2012/628, art. 7(a)
  454. F98
    Pt. 6 Ch. 7 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 54, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  455. F99
    Sch. 1 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 2, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  456. F100
    Sch. 3 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 54, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  457. F101
    Sch. 5 paras. 32A, 32B inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 71(3); S.I. 2012/628, art. 7(a)
  458. F102
    Ss. 1-3 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 2, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  459. F103
    Words in Sch. 6 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(3); S.I. 2012/628, art. 7(a)
  460. F104
    Sch. 12 para. 9A inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(10), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  461. F105
    Words in s. 5(4) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  462. F106
    S. 5(4A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  463. F107
    Word in s. 5(9)(a) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 20; S.I. 2012/628, art. 7(b)
  464. F108
    S. 5(9)(b) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(4), 240(2), Sch. 25 Pt. 20 (with s. 144); S.I. 2012/628, art. 7
  465. F109
    Words in s. 6(7) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(5), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  466. F110
    S. 6(7A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(6), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  467. F111
    Words in s. 6(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(7), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  468. F112
    Words in s. 8(1)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(9), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  469. F113
    S. 8(3)(aa) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(10), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  470. F114
    S. 8(3A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(11), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  471. F115
    S. 8(5) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(12), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  472. F116
    S. 9(8)-(10) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(13), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  473. F117
    S. 12 repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(14), 240(2), Sch. 25 Pt. 20 (with s. 144); S.I. 2012/628, art. 7
  474. F118
    S. 33(5)-(10) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 131(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  475. F119
    Words in s. 37 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 5(2); S.I. 2012/628, art. 7(a)
  476. F120
    Words in s. 37(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 5(3); S.I. 2012/628, art. 7(a)
  477. F121
    Words in s. 37(3) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(5), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  478. F122
    S. 38 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 6, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  479. F123
    Words in s. 39 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 7(2); S.I. 2012/628, art. 7(a)
  480. F124
    Words in s. 39(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 7(3); S.I. 2012/628, art. 7(a)
  481. F125
    Words in s. 39(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 7(3); S.I. 2012/628, art. 7(a)
  482. F126
    S. 43(2)(aa) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 133(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  483. F127
    S. 43(2A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 133(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  484. F128
    S. 43(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 133(4), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  485. F129
    S. 44(6)(c) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(8), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  486. F130
    Words in s. 46 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 8(3); S.I. 2012/628, art. 7(a)
  487. F131
    Words in s. 46(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 8(2); S.I. 2012/628, art. 7(a)
  488. F132
    Word in s. 47(6)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(b)(i), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  489. F133
    Words in s. 47(6)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(b)(ii), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  490. F134
    Words in s. 47(6)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(c), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  491. F135
    Words in s. 47(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 134(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  492. F136
    Words in s. 50(2) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 9, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  493. F137
    S. 52(2A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  494. F138
    S. 52(5A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(5), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  495. F139
    S. 52(12)-(14) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(7), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  496. F140
    Words in s. 52(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  497. F141
    Words in s. 52(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 11; S.I. 2012/628, art. 7(a)
  498. F142
    Words in s. 52(4) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(4), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  499. F143
    Words in s. 52(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 11; S.I. 2012/628, art. 7(a)
  500. F144
    Words in s. 52(6)(7) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(4), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  501. F145
    Words in s. 52(10) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(6), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  502. F146
    S. 53(1A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 136(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  503. F147
    S. 53(3A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 136(5), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  504. F148
    Words in s. 53(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 136(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  505. F149
    S. 53(2)(b)(c) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 136(4), 240(2), Sch. 25 Pt. 20 (with s. 144); S.I. 2012/628, art. 7
  506. F150
    Words in s. 53(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 12(2); S.I. 2012/628, art. 7(a)
  507. F151
    Words in s. 53(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 12(2); S.I. 2012/628, art. 7(a)
  508. F152
    Words in s. 53(4)(c) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 12(3); S.I. 2012/628, art. 7(a)
  509. F153
    Words in s. 54(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 136(6), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  510. F154
    S. 55(5A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(4), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  511. F155
    S. 55(3)(f) and preceding word inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  512. F156
    S. 55(3)(d) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(2), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/628, art. 7
  513. F157
    S. 55(3)(b) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 137(2), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/628, art. 7
  514. F158
    Words in s. 55 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(2); S.I. 2012/628, art. 7(a)
  515. F159
    Words in s. 55(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(3); S.I. 2012/628, art. 7(a)
  516. F160
    Words in s. 55(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(3); S.I. 2012/628, art. 7(a)
  517. F161
    Words in s. 55(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(3); S.I. 2012/628, art. 7(a)
  518. F162
    Words in s. 55(7) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(4)(a); S.I. 2012/628, art. 7(a)
  519. F163
    Words in s. 55(7)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 13(4)(b); S.I. 2012/628, art. 7(a)
  520. F164
    S. 56(2)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  521. F165
    Words in s. 56 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 14; S.I. 2012/628, art. 7(a)
  522. F166
    S. 57(6)(c) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(9), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  523. F167
    Words in s. 58(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 15; S.I. 2012/628, art. 7(a)
  524. F168
    Words in s. 58(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 15; S.I. 2012/628, art. 7(a)
  525. F169
    Words in s. 59(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 16; S.I. 2012/628, art. 7(a)
  526. F170
    Words in s. 59(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 16; S.I. 2012/628, art. 7(a)
  527. F171
    Words in s. 60 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 17(2); S.I. 2012/628, art. 7(a)
  528. F172
    Words in s. 60(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 17(3); S.I. 2012/628, art. 7(a)
  529. F173
    S. 60(2)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(4), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  530. F174
    S. 61(2)(3) substituted for s. 61(2)-(5) (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 18(3); S.I. 2012/628, art. 7(a)
  531. F175
    Words in s. 61 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 18(4); S.I. 2012/628, art. 7(a)
  532. F176
    Words in s. 62(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 19(2); S.I. 2012/628, art. 7(a)
  533. F177
    S. 62(2)(3) substituted for s. 62(2)-(5) (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 19(1)(3); S.I. 2012/628, art. 7(a)
  534. F178
    Words in s. 62 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 19(2); S.I. 2012/628, art. 7(a)
  535. F179
    S. 63 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 20, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  536. F180
    Words in s. 64(1)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 21; S.I. 2012/628, art. 7(a)
  537. F181
    S. 65(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 22(2); S.I. 2012/628, art. 7(a)
  538. F182
    S. 65(3)-(5) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 22(3), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  539. F183
    S. 66(1) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 23(2), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  540. F184
    Words in s. 66(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 23(3); S.I. 2012/628, art. 7(a)
  541. F185
    Words in s. 66(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 23(3); S.I. 2012/628, art. 7(a)
  542. F186
    Words in s. 66(5) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 23(4)(a); S.I. 2012/628, art. 7(a)
  543. F187
    Words in s. 66(5)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 23(4)(b); S.I. 2012/628, art. 7(a)
  544. F188
    Words in s. 66(5)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 23(4)(b); S.I. 2012/628, art. 7(a)
  545. F189
    S. 67 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 24, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  546. F190
    S. 68(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 25(2); S.I. 2012/628, art. 7(a)
  547. F191
    Words in s. 68(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 25(3); S.I. 2012/628, art. 7(a)
  548. F192
    S. 68(5) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 25(4), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  549. F193
    Words in s. 69(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 26(2); S.I. 2012/628, art. 7(a)
  550. F194
    S. 69(4) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 26(3), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  551. F195
    S. 70 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 27, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  552. F196
    Words in s. 71(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 28(2); S.I. 2012/628, art. 7(a)
  553. F197
    Words in s. 71(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 28(3); S.I. 2012/628, art. 7(a)
  554. F198
    S. 71(5) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 28(4); S.I. 2012/628, art. 7(a)
  555. F199
    S. 74(1) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 29(2), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  556. F200
    Words in s. 74(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 29(3); S.I. 2012/628, art. 7(a)
  557. F201
    S. 74(4) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 29(4), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  558. F202
    Words in s. 78(1)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(2); S.I. 2012/628, art. 7(a)
  559. F203
    Words in s. 78(1)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(3); S.I. 2012/628, art. 7(a)
  560. F204
    Words in s. 78(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 30(4); S.I. 2012/628, art. 7(a)
  561. F205
    S. 79 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 31; S.I. 2012/628, art. 7(a)
  562. F206
    S. 80(1) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(2), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  563. F207
    Words in s. 80(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(3)(a); S.I. 2012/628, art. 7(a)
  564. F208
    Words in s. 80(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(3)(b); S.I. 2012/628, art. 7(a)
  565. F209
    Words in s. 80(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(4)(a); S.I. 2012/628, art. 7(a)
  566. F210
    Words in s. 80(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(4)(b); S.I. 2012/628, art. 7(a)
  567. F211
    Words in s. 80(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 32(4)(c); S.I. 2012/628, art. 7(a)
  568. F212
    S. 81 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 33, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  569. F213
    Words in s. 82 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 34; S.I. 2012/628, art. 7(a)
  570. F214
    Words in s. 83(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(2); S.I. 2012/628, art. 7(a)
  571. F215
    Words in s. 83(1)(b) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(3); S.I. 2012/628, art. 7(a)
  572. F216
    S. 83(2) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(4), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  573. F217
    S. 83(4) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(5), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  574. F218
    Words in s. 83(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 35(2); S.I. 2012/628, art. 7(a)
  575. F219
    Words in s. 86 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 37; S.I. 2012/628, art. 7(a)
  576. F220
    Words in s. 86 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 37; S.I. 2012/628, art. 7(a)
  577. F221
    S. 87(2)(b) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 38, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  578. F222
    S. 89(2A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(7), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  579. F223
    Words in s. 92 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 39; S.I. 2012/628, art. 7(a)
  580. F224
    Words in s. 93 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 40; S.I. 2012/628, art. 7(a)
  581. F225
    Words in s. 94(2)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 41; S.I. 2012/628, art. 7(a)
  582. F226
    Words in s. 96(1)(c) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 43; S.I. 2012/628, art. 7(a)
  583. F227
    Words in s. 98(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 139(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  584. F228
    Words in s. 98(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 44(2); S.I. 2012/628, art. 7(a)
  585. F229
    Words in s. 98(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 44(3); S.I. 2012/628, art. 7(a)
  586. F230
    S. 98(6)-(9) substituted for s. 98(6) (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 44(4); S.I. 2012/628, art. 7(a)
  587. F231
    Words in s. 100(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 45(2); S.I. 2012/628, art. 7(a)
  588. F232
    Words in s. 100(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 45(3); S.I. 2012/628, art. 7(a)
  589. F233
    Words in s. 101(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 46; S.I. 2012/628, art. 7(a)
  590. F234
    S. 102(1ZA) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(c), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  591. F235
    S. 102(1)(aa)(ab) substituted for s. 102(1)(b) (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  592. F236
    S. 102(1)(c)(ca) substituted for s. 102(1)(c) (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  593. F237
    S. 102(3) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(d), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/628, art. 7
  594. F238
    Words in s. 102(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 47; S.I. 2012/628, art. 7(a)
  595. F239
    Words in s. 102(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(f), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  596. F240
    S. 102(5)-(7) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(8)(e), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/628, art. 7
  597. F241
    S. 103 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 48(4); S.I. 2012/628, art. 7(a)
  598. F242
    Words in s. 103(1) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 48(2), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  599. F243
    S. 103(2) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 48(3), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  600. F244
    S. 104 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(7); S.I. 2012/628, art. 7(a)
  601. F245
    Words in s. 104(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(3)(a); S.I. 2012/628, art. 7(a)
  602. F246
    Words in s. 104(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(2); S.I. 2012/628, art. 7(a)
  603. F247
    Words in s. 104(2)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(3)(b); S.I. 2012/628, art. 7(a)
  604. F248
    Words in s. 104(2)(d) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(3)(c); S.I. 2012/628, art. 7(a)
  605. F249
    Words in s. 104(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(4); S.I. 2012/628, art. 7(a)
  606. F250
    Words in s. 104(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(4); S.I. 2012/628, art. 7(a)
  607. F251
    Words in s. 104(5) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(5)(a); S.I. 2012/628, art. 7(a)
  608. F252
    Words in s. 104(5) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(5)(b); S.I. 2012/628, art. 7(a)
  609. F253
    Words in s. 104(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(6); S.I. 2012/628, art. 7(a)
  610. F254
    Words in s. 104(7) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(6); S.I. 2012/628, art. 7(a)
  611. F255
    Words in s. 104(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 49(6); S.I. 2012/628, art. 7(a)
  612. F256
    Words in s. 105(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 50(2); S.I. 2012/628, art. 7(a)
  613. F257
    Words in s. 105(2)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 50(3); S.I. 2012/628, art. 7(a)
  614. F258
    S. 105 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 50(4); S.I. 2012/628, art. 7(a)
  615. F259
    Words in s. 106(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 51; S.I. 2012/628, art. 7(a)
  616. F260
    S. 107(6)-(8A) substituted for s. 107(6)-(9) (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 52(6); S.I. 2012/628, art. 7(a)
  617. F261
    Words in s. 107(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 139(3)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  618. F262
    S. 107(1)(b) and preceding word inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 139(3)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  619. F263
    Words in s. 107(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 52(2)(a); S.I. 2012/628, art. 7(a)
  620. F264
    Words in s. 107(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 52(2)(b); S.I. 2012/628, art. 7(a)
  621. F265
    S. 107(2) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 52(3), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  622. F266
    Words in s. 107(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 52(4); S.I. 2012/628, art. 7(a)
  623. F267
    S. 107(4) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 52(5), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  624. F268
    Words in s. 108(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 53; S.I. 2012/628, art. 7(a)
  625. F269
    Words in s. 114(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 55(2)(a); S.I. 2012/628, art. 7(a)
  626. F270
    Words in s. 114(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 55(2)(b); S.I. 2012/628, art. 7(a)
  627. F271
    Words in s. 114(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 55(3); S.I. 2012/628, art. 7(a)
  628. F272
    S. 115(6) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 56, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  629. F273
    Words in s. 116(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 57(2)(a); S.I. 2012/628, art. 7(a)
  630. F274
    Words in s. 116(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 57(2)(b); S.I. 2012/628, art. 7(a)
  631. F275
    Words in s. 116(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 57(3); S.I. 2012/628, art. 7(a)
  632. F276
    Words in s. 116(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 57(4)(a); S.I. 2012/628, art. 7(a)
  633. F277
    Words in s. 116(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 57(4)(b); S.I. 2012/628, art. 7(a)
  634. F278
    S. 116(4) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 57(5), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  635. F279
    S. 117(2) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 58(2), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  636. F280
    S. 117(5) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 58(2), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  637. F281
    Words in s. 117(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 58(3)(a); S.I. 2012/628, art. 7(a)
  638. F282
    Words in s. 117(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 58(3)(b); S.I. 2012/628, art. 7(a)
  639. F283
    S. 117(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 58(4); S.I. 2012/628, art. 7(a)
  640. F284
    Words in s. 117(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 58(5); S.I. 2012/628, art. 7(a)
  641. F285
    S. 117(7) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 58(6), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  642. F286
    Words in s. 118(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 59(2); S.I. 2012/628, art. 7(a)
  643. F287
    Words in s. 118(7) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 59(3), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  644. F288
    Words in s. 120(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 140(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  645. F289
    S. 120(2)(b) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 140(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  646. F290
    Words in s. 120(5)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 60(2); S.I. 2012/628, art. 7(a)
  647. F291
    Words in s. 120(5)(c) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 60(2); S.I. 2012/628, art. 7(a)
  648. F292
    S. 120(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 60(3); S.I. 2012/628, art. 7(a)
  649. F293
    S. 121 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 61, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  650. F294
    Words in s. 122(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 62; S.I. 2012/628, art. 7(a)
  651. F295
    Words in s. 123(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 62; S.I. 2012/628, art. 7(a)
  652. F296
    S. 124 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 63, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  653. F297
    Words in s. 127(1)(c) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 64(2); S.I. 2012/628, art. 7(a)
  654. F298
    S. 130(3)(aa) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 141(3)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  655. F299
    Word in s. 130(3)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 141(3)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  656. F300
    S. 134(3)(za) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 142(2)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  657. F301
    Words in s. 134(3)(a) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 142(2)(b), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/628, art. 7
  658. F302
    S. 134(8) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 142(4), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/628, art. 7
  659. F303
    Words in s. 136(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 66(2); S.I. 2012/628, art. 7(a)
  660. F304
    Words in s. 136(4)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 66(3); S.I. 2012/628, art. 7(a)
  661. F305
    Words in s. 136(5) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 66(3); S.I. 2012/628, art. 7(a)
  662. F306
    S. 136(6) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 66(4), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  663. F307
    Words in s. 147(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 68(2); S.I. 2012/628, art. 7(a)
  664. F308
    S. 147(3) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 68(3), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  665. F309
    Word in s. 232(5)(d) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 131(3)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  666. F310
    Word in s. 232(6) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 131(3)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  667. F311
    Words in s. 235(1) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 69, Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  668. F312
    Words in Sch. 4 para. 1(1)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(2); S.I. 2012/628, art. 7(a)
  669. F313
    Words in Sch. 4 para. 1(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(3); S.I. 2012/628, art. 7(a)
  670. F314
    Words in Sch. 4 para. 1(5) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(3); S.I. 2012/628, art. 7(a)
  671. F315
    Words in Sch. 4 para. 1(7) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(3); S.I. 2012/628, art. 7(a)
  672. F316
    Words in Sch. 4 para. 1(10) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(5); S.I. 2012/628, art. 7(a)
  673. F317
    Sch. 4 para. 1(9) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(4), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  674. F318
    Words in Sch. 4 para. 2 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(6); S.I. 2012/628, art. 7(a)
  675. F319
    Words in Sch. 4 para. 2(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(7); S.I. 2012/628, art. 7(a)
  676. F320
    Words in Sch. 4 para. 4 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 70(8), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  677. F321
    Words in Sch. 5 para. 18 inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 71(2); S.I. 2012/628, art. 7(a)
  678. F322
    Sch. 6 para. 1(4) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(2), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  679. F323
    Words in Sch. 6 para. 2(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(4); S.I. 2012/628, art. 7(a)
  680. F324
    Words in Sch. 6 para. 2(4) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(5); S.I. 2012/628, art. 7(a)
  681. F325
    Words in Sch. 6 para. 2(11) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(7); S.I. 2012/628, art. 7(a)
  682. F326
    Sch. 6 para. 2(10) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(6), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  683. F327
    Word in Sch. 6 para. 3(7) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(9); S.I. 2012/628, art. 7(a)
  684. F328
    Sch. 6 para. 3(6) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(8), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  685. F329
    Words in Sch. 6 para. 4(9) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(11); S.I. 2012/628, art. 7(a)
  686. F330
    Sch. 6 para. 4(8) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(10), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
  687. F331
    Words in Sch. 6 para. 6(1)(b) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 20; S.I. 2012/628, art. 7(b)
  688. F332
    Words in Sch. 6 para. 6(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(12); S.I. 2012/628, art. 7(a)
  689. F333
    Sch. 12 para. 4(c) and preceding word inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 131(4)(d), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  690. F334
    Words in Sch. 12 para. 4(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 131(4)(c), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  691. F335
    Word in Sch. 12 para. 4(a) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 131(4)(b), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/628, art. 7
  692. F336
    Sch. 12 para. 4(a)(i) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 131(4)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  693. F337
    Word in Sch. 12 para. 6(b) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 20; S.I. 2012/628, art. 7(b)
  694. F338
    Sch. 12 para. 6(d)(e) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(10), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  695. F339
    Sch. 12 para. 7(za) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 136(7), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
  696. F340
    Words in Sch. 12 para. 27 inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 73; S.I. 2012/628, art. 7(a)
  697. I356
    S. 192 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  698. I357
    Sch. 8 para. 1 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  699. I358
    Sch. 8 para. 2 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  700. I359
    Sch. 8 para. 3 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  701. I360
    Sch. 8 para. 4 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  702. I361
    Sch. 8 para. 5 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  703. I362
    Sch. 8 para. 6 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  704. I363
    Sch. 8 para. 7 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  705. I364
    Sch. 8 para. 8 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  706. I365
    Sch. 8 para. 9 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  707. I366
    Sch. 8 para. 10 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  708. I367
    Sch. 8 para. 11 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  709. I368
    Sch. 8 para. 12 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  710. I369
    Sch. 8 para. 13 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  711. I370
    Sch. 8 para. 14 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  712. I371
    Sch. 8 para. 15 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  713. I372
    Sch. 8 para. 16 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  714. I373
    Sch. 8 para. 17 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  715. I374
    Sch. 8 para. 18 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  716. I375
    Sch. 8 para. 19 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  717. I376
    Sch. 8 para. 20 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(a)
  718. I377
    S. 238 in force at 6.4.2012 for specified purposes for E. by S.I. 2012/601, art. 2(c)
  719. I378
    Sch. 13 in force at 6.4.2012 for specified purposes for E. by S.I. 2012/601, art. 2(c)
  720. I379
    S. 193 in force at 6.4.2012 for E. by S.I. 2012/601, art. 2(b)
  721. I380
    S. 188 in force at 30.4.2012 for W. by S.I. 2012/802, art. 2(a)
  722. I381
    S. 197 in force at 30.4.2012 for W. by S.I. 2012/802, art. 2(b)
  723. I382
    Sch. 11 para. 1 in force at 30.4.2012 for W. by S.I. 2012/802, art. 2(b)
  724. I383
    Sch. 11 para. 2 in force at 30.4.2012 for W. by S.I. 2012/802, art. 2(b)
  725. I384
    Sch. 11 para. 3 in force at 30.4.2012 for W. by S.I. 2012/802, art. 2(b)
  726. I385
    Sch. 11 para. 4 in force at 30.4.2012 for W. by S.I. 2012/802, art. 2(b)
  727. I386
    Sch. 11 para. 5 in force at 30.4.2012 for W. by S.I. 2012/802, art. 2(b)
  728. I387
    Sch. 11 para. 6 in force at 30.4.2012 for W. by S.I. 2012/802, art. 2(b)
  729. I388
    S. 238 in force at 30.4.2012 for specified purposes for W. by S.I. 2012/802, art. 2(c)
  730. I389
    Sch. 13 in force at 30.4.2012 for specified purposes for W. by S.I. 2012/802, art. 2(c)
  731. F341
    Words in s. 14(1)(o) added (23.6.2012) by The Infrastructure Planning (Waste Water Transfer and Storage) Order 2012 (S.I. 2012/1645), arts. 1(1), 2(2) (with art. 3)
  732. F342
    S. 29(1A) inserted (23.6.2012) by The Infrastructure Planning (Waste Water Transfer and Storage) Order 2012 (S.I. 2012/1645), arts. 1(1), 2(3)(a) (with art. 3)
  733. F343
    S. 29(2A) inserted (23.6.2012) by The Infrastructure Planning (Waste Water Transfer and Storage) Order 2012 (S.I. 2012/1645), arts. 1(1), 2(3)(b) (with art. 3)
  734. C2
    S. 152 applied (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 19(5) (with art. 26(2))
  735. C3
    S. 152 applied (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 25(5) (with art. 35(2))
  736. C4
    S. 156(1) applied (20.2.2013) by The Kentish Flats Extension Order 2013 (S.I. 2013/343), arts. 1, 7(1) (with arts. 13, 14)
  737. C5
    S. 156(1) applied (28.2.2013) by The Rookery South (Resource Recovery Facility) Order 2011 2013 (S.I. 2013/680), art. 7(1)
  738. F344
    Words in Sch. 8 para. 2(1A)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 440 (with Sch. 7)
  739. F345
    Words in Sch. 8 para. 2(5A)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 440 (with Sch. 7)
  740. F346
    Ss. 35, 35A substituted for s. 35 (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 26(2), 35(2)
  741. F347
    Words in s. 232(5)(e) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 26(4)(a), 35(2)
  742. F348
    Words in s. 232(7) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 26(4)(b), 35(2)
  743. F349
    Word in s. 35A(5) substituted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 26(3), 35(2)
  744. F350
    S. 16(3A) inserted (18.6.2013) by The Planning Act 2008 (Nationally Significant Infrastructure Projects) (Electric Lines) Order 2013 (S.I. 2013/1479), arts. 1, 2(b) (with art. 3)
  745. F351
    S. 16(3)(aa)(ab) inserted (18.6.2013) by The Planning Act 2008 (Nationally Significant Infrastructure Projects) (Electric Lines) Order 2013 (S.I. 2013/1479), arts. 1, 2(a) (with art. 3)
  746. F352
    S. 16(4) substituted (18.6.2013) by The Planning Act 2008 (Nationally Significant Infrastructure Projects) (Electric Lines) Order 2013 (S.I. 2013/1479), arts. 1, 2(c) (with art. 3)
  747. F353
    S. 127(7) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 23(2)(c), 35(1); S.I. 2013/1124, art. 4(b) (with art. 6)
  748. F354
    Words in s. 127(2) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 23(2)(a), 35(1); S.I. 2013/1124, art. 4(b) (with art. 6)
  749. F355
    Words in s. 127(5) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 23(2)(b), 35(1); S.I. 2013/1124, art. 4(b) (with art. 6)
  750. F356
    S. 129 repealed (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 24(1), 35(1) (with s. 24(6)); S.I. 2013/1124, art. 4(c) (with art. 7)
  751. F357
    S. 130(3A) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 24(5), 35(1) (with s. 24(6)); S.I. 2013/1124, art. 4(c) (with art. 7)
  752. F358
    S. 131(4A)(4B) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 24(2)(b), 35(1) (with s. 24(6)); S.I. 2013/1124, art. 4(c) (with art. 7)
  753. F359
    Words in s. 131(3) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 24(2)(a), 35(1) (with s. 24(6)); S.I. 2013/1124, art. 4(c) (with art. 7)
  754. F360
    S. 131(6)-(10) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 24(2)(c), 35(1) (with s. 24(6)); S.I. 2013/1124, art. 4(c) (with art. 7)
  755. F361
    S. 132(4A)(4B) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 24(3)(b), 35(1) (with s. 24(6)); S.I. 2013/1124, art. 4(c) (with art. 7)
  756. F362
    Words in s. 132(2) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 24(3)(a), 35(1) (with s. 24(6)); S.I. 2013/1124, art. 4(c) (with art. 7)
  757. F363
    S. 132(6)-(10) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 24(3)(c), 35(1) (with s. 24(6)); S.I. 2013/1124, art. 4(c) (with art. 7)
  758. F364
    S. 137 repealed (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 23(3), 35(1); S.I. 2013/1124, art. 4(b) (with art. 6)
  759. F365
    S. 138(4A)(4B) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 23(4)(b), 35(1); S.I. 2013/1124, art. 4(b) (with art. 6)
  760. F366
    Words in s. 138(4) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 23(4)(a), 35(1); S.I. 2013/1124, art. 4(b) (with art. 6)
  761. F367
    S. 138(5)(6) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 23(4)(c), 35(1); S.I. 2013/1124, art. 4(b) (with art. 6)
  762. F368
    S. 144(2A)(2B) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 27(2), 35(1); S.I. 2013/1124, art. 9 (with arts. 10, 11)
  763. F369
    S. 144(3) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 27(3), 35(1); S.I. 2013/1124, art. 9 (with arts. 10, 11)
  764. F370
    S. 33(1)(e) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 18(3)(a), 35(3)
  765. F371
    Sch. 12 paras. 12, 13 repealed (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 24(4)(a), 35(1) (with s. 24(6)); S.I. 2013/1124, art. 4(c) (with art. 7)
  766. F372
    Words in Sch. 12 para. 18 substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 23(5), 35(1); S.I. 2013/1124, art. 4(b) (with art. 6)
  767. F373
    Sch. 2 para. 15 omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 18(3)(b), 35(3)
  768. F374
    S. 22 substituted (25.7.2013) by The Highway and Railway (Nationally Significant Infrastructure Project) Order 2013 (S.I. 2013/1883), arts. 1(2), 3 (with art. 5)
  769. F375
    S. 25(2A) inserted (25.7.2013) by The Highway and Railway (Nationally Significant Infrastructure Project) Order 2013 (S.I. 2013/1883), arts. 1(2), 4(4) (with art. 5)
  770. F376
    S. 25(1)(ba) inserted (25.7.2013) by The Highway and Railway (Nationally Significant Infrastructure Project) Order 2013 (S.I. 2013/1883), arts. 1(2), 4(2) (with art. 5)
  771. F377
    S. 25(2)(ba) inserted (25.7.2013) by The Highway and Railway (Nationally Significant Infrastructure Project) Order 2013 (S.I. 2013/1883), arts. 1(2), 4(3) (with art. 5)
  772. F378
    Words in s. 25(7) inserted (25.7.2013) by The Highway and Railway (Nationally Significant Infrastructure Project) Order 2013 (S.I. 2013/1883), arts. 1(2), 4(5) (with art. 5)
  773. F379
    Words in s. 25(8) substituted (25.7.2013) by The Highway and Railway (Nationally Significant Infrastructure Project) Order 2013 (S.I. 2013/1883), arts. 1(2), 4(6) (with art. 5)
  774. F380
    S. 95(3) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 40(a)
  775. F381
    Words in s. 97(1) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 40(b)
  776. C6
    S. 211(7A) modified by S.I. 2010/948, reg. 14(5) (as inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 5(3)(b) (with reg. 14(2)(7)))
  777. C7
    S. 152 applied (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 23(5) (with art. 34(2))
  778. F382
    Words in s. 171(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  779. F383
    Words in Sch. 12 para. 24 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
  780. C8
    S. 158(1) excluded (24.7.2014) by The Daventry International Rail Freight Interchange Alteration Order 2014 (S.I. 2014/1796), arts. 1, 9 (with art. 24(2), Sch. 6 para. 3)
  781. C9
    S. 158(2) excluded (24.7.2014) by The Daventry International Rail Freight Interchange Alteration Order 2014 (S.I. 2014/1796), arts. 1, 9 (with art. 24(2), Sch. 6 para. 3)
  782. I390
    S. 185 in force at 8.8.2014 for W. by S.I. 2014/1769, art. 2(a)
  783. I391
    S. 199 in force at 8.8.2014 for W. by S.I. 2014/1769, art. 2(b)
  784. C10
    S. 152 applied (18.9.2014) by The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014 (S.I. 2014/2269), arts. 1, 21(5) (with art. 21(6))
  785. C11
    S. 158 modified (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 9(4) (with art. 33)
  786. I392
    S. 198 in force at 28.11.2014 for W. by S.I. 2014/2780, art. 2
  787. C12
    S. 152 applied (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1, 19(3)(a)
  788. F384
    Words in s. 22(2)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 153(2); S.I. 2015/481, reg. 2(a)
  789. F385
    Words in s. 22(3)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 153(2); S.I. 2015/481, reg. 2(a)
  790. F386
    Words in s. 22(5)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 153(2); S.I. 2015/481, reg. 2(a)
  791. F387
    Words in s. 22(9) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 153(3); S.I. 2015/481, reg. 2(a)
  792. F388
    S. 160(3) omitted (E.W.) (12.3.2015) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 41(2)(b) (with reg. 5(1))
  793. F389
    S. 161(5) omitted (E.W.) (12.3.2015) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 41(3)(b) (with reg. 5(1))
  794. F390
    Words in s. 160(2) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 41(2)(a) (with reg. 5(1))
  795. F391
    Words in s. 161(4) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 41(3)(a) (with reg. 5(1))
  796. F392
    S. 14(1)(q) inserted (27.3.2015) by The Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015 (S.I. 2015/949), arts. 1(1), 2(2)(a)
  797. F393
    Word in s. 14(2) substituted (27.3.2015) by The Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015 (S.I. 2015/949), arts. 1(1), 2(2)(b)
  798. F394
    Word in s. 240(1)(b) substituted (27.3.2015) by The Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015 (S.I. 2015/949), arts. 1(1), 2(4)
  799. F395
    Word in Sch. 12 para. 2(a)(ii) substituted (27.3.2015) by The Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015 (S.I. 2015/949), arts. 1(1), 2(5)(a)
  800. F396
    Word in Sch. 12 para. 2(b) substituted (27.3.2015) by The Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015 (S.I. 2015/949), arts. 1(1), 2(5)(b)
  801. F397
    S. 30A inserted (27.3.2015) by The Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015 (S.I. 2015/949), arts. 1(1), 2(3)
  802. F398
    S. 61(1) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 26, 57(5)(a); S.I. 2015/758, reg. 2 (with art. 4(2))
  803. F399
    Words in s. 13(1)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  804. F400
    Words in s. 13(1)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  805. F401
    Words in s. 13(2)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  806. F402
    Words in s. 13(2)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  807. F403
    Words in s. 13(3)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  808. F404
    Words in s. 13(3)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  809. F405
    Words in s. 13(4)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  810. F406
    Words in s. 13(4)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  811. F407
    Words in s. 13(5)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  812. F408
    Words in s. 13(5)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  813. F409
    Words in s. 13(6)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  814. F410
    Words in s. 13(6)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  815. F411
    Words in s. 118(1)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(4)(a)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  816. F412
    Words in s. 118(1)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(4)(a)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  817. F413
    Words in s. 118(2)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(4)(a)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  818. F414
    Words in s. 118(2)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(4)(a)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  819. F415
    Words in s. 118(3)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(4)(a)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  820. F416
    Words in s. 118(3)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(4)(a)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  821. F417
    Words in s. 118(4)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(4)(b)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  822. F418
    Words in s. 118(4)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(4)(b)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  823. F419
    Words in s. 118(5)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(4)(b)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  824. F420
    Words in s. 118(5)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(4)(b)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  825. F421
    Words in s. 118(6)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(4)(b)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  826. F422
    Words in s. 118(6)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(4)(b)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  827. F423
    Words in s. 118(7)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(4)(c)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  828. F424
    Words in s. 118(7)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(4)(c)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
  829. C13
    S. 152 applied (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (S.I. 2015/1347), arts. 1, 24(5) (with art. 24(6))
  830. C14
    S. 152 applied (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 25(5) (with arts. 51, 53)
  831. F425
    Words in Sch. 6 para. 2(8) inserted (12.2.2015 for specified purposes, 14.7.2015 in so far as not already in force) by Infrastructure Act 2015 (c. 7), ss. 28(2)(a), 57(5)(b); S.I. 2015/758, reg. 3 (with reg 4(3))
  832. F426
    Sch. 6 para. 2(8A) inserted (12.2.2015 for specified purposes, 14.7.2015 in so far as not already in force) by Infrastructure Act 2015 (c. 7), ss. 28(2)(b), 57(5)(b); S.I. 2015/758, reg. 3 (with reg 4(3))
  833. F427
    Sch. 6 para. 4(5A) inserted (12.2.2015 for specified purposes, 14.7.2015 in so far as not already in force) by Infrastructure Act 2015 (c. 7), ss. 28(4), 57(5)(b); S.I. 2015/758, reg. 3 (with reg. 4(3))
  834. F428
    Sch. 6 para. 3(5A) inserted (14.7.2015) by Infrastructure Act 2015 (c. 7), ss. 28(3), 57(5)(b); S.I. 2015/758, reg. 3 (with reg. 4(3))
  835. C15
    S. 8(1) excluded (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 25(1)
  836. C16
    S. 152 applied (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 22(5) (with arts. 22(6), 37)
  837. C17
    S. 152 applied (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 24(4) (with arts. 24(5), 39)
  838. F429
    Sch. 9 omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 15; S.I. 2016/733, reg. 3(m)
  839. F430
    S. 125(3)(c) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 17; S.I. 2016/733, reg. 3(j)
  840. F431
    S. 194(1) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 14; S.I. 2016/733, reg. 3(m)
  841. C18
    S. 152 applied (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 21(4) (with arts. 21(5), 37, 38)
  842. F432
    Words in s. 30A(7) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 17 (with regs. 1(3), 77-79, Sch. 4)
  843. C19
    Sch. 6 modified (31.1.2017) by Wales Act 2017 (c. 4), s. 71(1)(b), Sch. 7 para. 8(3) (with Sch. 7 paras. 1, 6)
  844. F433
    S. 134(6A) inserted (E.W.) (2.2.2017) by The Housing and Planning Act 2016 (Compulsory Purchase) (Corresponding Amendments) Regulations 2017 (S.I. 2017/16), reg. 1(2), Sch. para. 6(1)(a) (with Sch. para. 6(2))
  845. F434
    S. 134(7)(cza) inserted (E.W.) (2.2.2017) by The Housing and Planning Act 2016 (Compulsory Purchase) (Corresponding Amendments) Regulations 2017 (S.I. 2017/16), reg. 1(2), Sch. para. 6(1)(b) (with Sch. para. 6(2))
  846. C20
    S. 158(2) applied (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), arts. 1, 19(1) (with art. 31)
  847. C21
    S. 152 applied (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), arts. 1, 19(3)(a) (with arts. 19(4), 31)
  848. F435
    S. 115(4A) inserted (31.3.2017) by Wales Act 2017 (c. 4), ss. 43(3), 71(2)(e) (with Sch. 7 paras. 1, 6)
  849. F436
    Words in s. 115(2)(c) substituted (31.3.2017) by Wales Act 2017 (c. 4), ss. 43(2), 71(2)(e) (with Sch. 7 paras. 1, 6)
  850. F437
    S. 227(5A) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 40(b)
  851. F438
    Words in s. 227(5)(b) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 40(a)
  852. F439
    Word in s. 65(1)(a) inserted (5.4.2017) by Infrastructure Act 2015 (c. 7), ss. 27(1), 57(5)(a); S.I. 2017/315, reg. 2
  853. F440
    Words in s. 68(3) omitted (5.4.2017) by virtue of Infrastructure Act 2015 (c. 7), ss. 27(2)(a), 57(5)(a); S.I. 2017/315, reg. 2
  854. F441
    Word in s. 68(3) substituted (5.4.2017) by Infrastructure Act 2015 (c. 7), ss. 27(2)(b), 57(5)(a); S.I. 2017/315, reg. 2
  855. F442
    Words in s. 73(1)(b) omitted (5.4.2017) by virtue of Infrastructure Act 2015 (c. 7), ss. 27(3), 57(5)(a); S.I. 2017/315, reg. 2
  856. F443
    S. 75(A1) inserted (5.4.2017) by Infrastructure Act 2015 (c. 7), ss. 27(4)(a), 57(5)(a); S.I. 2017/315, reg. 2
  857. F444
    Words in s. 75(1) substituted (5.4.2017) by Infrastructure Act 2015 (c. 7), ss. 27(4)(b), 57(5)(a); S.I. 2017/315, reg. 2
  858. F445
    S. 115(4B)(4C) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(4), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)
  859. F446
    S. 115(7) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(6), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)
  860. F447
    S. 115(1)(c) and word inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(2), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)
  861. F448
    Words in s. 115(2)(b) substituted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(3), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)
  862. F449
    Words in s. 115(5) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 160(5), 216(3); S.I. 2017/281, reg. 4(i) (with reg. 7)
  863. C22
    S. 152 applied (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), arts. 1, 18(4) (with arts. 5(9), 18(5), 36, 37, Sch. 8 para. 34)
  864. F450
    Words in s. 16(4) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 6
  865. C23
    S. 152 applied (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 26(5) (with arts. 4, 37)
  866. F451
    S. 138(4B) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 12(2)
  867. I393
    S. 14(1)(m) in force at 1.1.2018 for E. in so far as not already in force by S.I. 2017/1078, art. 2(a)
  868. I394
    S. 14(1)(n) in force at 1.1.2018 for E. in so far as not already in force by S.I. 2017/1078, art. 2(b)
  869. I395
    S. 27 in force at 1.1.2018 for E. by S.I. 2017/1078, art. 2(c)
  870. I396
    S. 28 in force at 1.1.2018 for E. by S.I. 2017/1078, art. 2(d)
  871. F452
    S. 24(1)(a) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 33(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)
  872. F453
    S. 24(2)(a) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 33(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)
  873. F454
    Words in s. 24(6) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 33(4), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)
  874. F455
    Words in s. 149A(3)(b) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 74 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)
  875. F456
    S. 202 omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 75 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)
  876. F457
    Words in Sch. 5 paras. 30A, 30B inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 76 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)
  877. C24
    Pt. 11 functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 44(1) (with art. 44(2))
  878. C25
    S. 205(1) functions modified (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 44(3)
  879. C26
    S. 208 excluded (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 3(2)
  880. C27
    S. 152 applied (3.10.2018) by The A19/A184 Testos Junction Alteration Development Consent Order 2018 (S.I. 2018/994), arts. 1, 24(5) (with arts. 3(3), 5)
  881. F458
    S. 14(1)(na) inserted (9.1.2019) by The Infrastructure Planning (Water Resources) (England) Order 2019 (S.I. 2019/12), arts. 1(1), 2(2) (with arts. 3-5)
  882. F459
    S. 27(1)(c) substituted (9.1.2019) by The Infrastructure Planning (Water Resources) (England) Order 2019 (S.I. 2019/12), arts. 1(1), 2(3)(a) (with arts. 3-5)
  883. F460
    S. 27(2)(c) substituted (9.1.2019) by The Infrastructure Planning (Water Resources) (England) Order 2019 (S.I. 2019/12), arts. 1(1), 2(3)(b) (with arts. 3-5)
  884. F461
    S. 28(1)(b) substituted (9.1.2019) by The Infrastructure Planning (Water Resources) (England) Order 2019 (S.I. 2019/12), arts. 1(1), 2(4)(b) (with arts. 3-5)
  885. F462
    Words in s. 235(1) inserted (9.1.2019) by The Infrastructure Planning (Water Resources) (England) Order 2019 (S.I. 2019/12), arts. 1(1), 2(6) (with arts. 3-5)
  886. F463
    S. 28A inserted (9.1.2019) by The Infrastructure Planning (Water Resources) (England) Order 2019 (S.I. 2019/12), arts. 1(1), 2(5) (with arts. 3-5)
  887. C28
    S. 152 applied (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 27(4)(5) (with arts. 55, 56)
  888. F464
    S. 16(3B)-(3D) inserted (31.3.2017 for specified purposes, 1.4.2019 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 42(4), 71(2)(e) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(a)
  889. F465
    Words in s. 15(1) substituted (1.4.2018 for specified purposes, 1.4.2019 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 39(2), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, regs. 3(h), 5(a)
  890. F466
    Words in s. 15(2)(a) omitted (1.4.2018 for specified purposes, 1.4.2019 in so far as not already in force) by virtue of Wales Act 2017 (c. 4), ss. 39(3), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, regs. 3(h), 5(a)
  891. F467
    S. 15(3A)(3B) inserted (31.3.2017 for specified purposes, 1.4.2018 for specified purposes, 1.4.2019 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 39(4), 71(2)(e) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, regs. 3(h), 5(a)
  892. F468
    Words in s. 15(4)(a) omitted (1.4.2018 for specified purposes, 1.4.2019 in so far as not already in force) by virtue of Wales Act 2017 (c. 4), ss. 39(5)(a), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, regs. 3(h), 5(a)
  893. F469
    Words in s. 15(4)(b) inserted (1.4.2018 for specified purposes, 1.4.2019 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 39(5)(b), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, regs. 3(h), 5(a)
  894. F470
    S. 15(5) inserted (31.3.2017 for specified purposes, 1.4.2018 for specified purposes, 1.4.2019 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 39(6), 71(2)(e) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, regs. 3(h), 5(a)
  895. C29
    S. 208 excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 7
  896. C30
    S. 158(2) applied (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 20(1)
  897. C31
    S. 152 applied (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), arts. 1, 28(5) (with art. 3(1))
  898. C32
    S. 158(2) applied (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 19(1) (with art. 7)
  899. C33
    Pt. 1 applied (with modifications) (30.4.2020) by The A585 Windy Harbour to Skippool Highway Development Consent Order 2020 (S.I. 2020/402), arts. 1, 25 (with arts. 5, 22, 44)
  900. C34
    S. 158(1)(2) excluded (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), arts. 1, 44(6) (with art. 44(8))
  901. C35
    S. 152 applied (18.6.2020) by The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 (S.I. 2020/556), arts. 1, 24(5) (with arts. 5, 44)
  902. C36
    S. 158(2) applied (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847), arts. 1, 19(1) (with Sch. 9 para. 144)
  903. C37
    S. 208 excluded (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 3(2)
  904. C38
    S. 127(2)-(6) applied (with modifications) (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 25(11)(a) (with art. 25, Sch. 9 para. 36)
  905. C39
    S. 138(4) applied (with modifications) (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 25(11)(b) (with art. 25, Sch. 9 para. 36)
  906. C40
    S. 208 excluded (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 36(3) (with art. 32, Sch. 9 para. 36)
  907. F471
    S. 15(3C)(3D) inserted (2.12.2020) by The Infrastructure Planning (Electricity Storage Facilities) Order 2020 (S.I. 2020/1218), arts. 1(2), 3(2) (with arts. 4-7)
  908. F472
    S. 15(6) inserted (2.12.2020) by The Infrastructure Planning (Electricity Storage Facilities) Order 2020 (S.I. 2020/1218), arts. 1(2), 3(3) (with arts. 4-7)
  909. F473
    Words in Sch. 6 para. 3(7)(a) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
  910. F474
    Words in Sch. 6 para. 3(8) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
  911. C41
    S. 152 applied (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 21(4) (with arts. 21(5), 40, 41, Sch. 9 Pt. 5 para. 18)
  912. C42
    Act excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 20, 64(1)
  913. C43
    Pt. 11 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 33, 64(1)
  914. C44
    S. 152 applied (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 21(4) (with arts. 21(5), 41, 42, Sch. 16)
  915. C45
    S. 152 applied (22.4.2022) by The East Anglia TWO Offshore Wind Farm Order 2022 (S.I. 2022/433), arts. 1(2), 21(4)(8) (with arts. 21(5), 40, 41)
  916. C46
    S. 160 excluded (27.4.2022) by The Little Crow Solar Park Order 2022 (S.I. 2022/436), arts. 1, 6(2)
  917. C47
    S. 161 excluded (27.4.2022) by The Little Crow Solar Park Order 2022 (S.I. 2022/436), arts. 1, 6(2)
  918. C48
    S. 208 excluded (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 47(4) (with arts. 5, 36)
  919. C49
    S. 152 applied (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), arts. 1, 33(4) (with arts. 33(5)(8), 62, 76, 87)
  920. C50
    S. 208 excluded (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), art. 1, Sch. 25 para. 3 (with arts. 62, 76, 87)
  921. C51
    S. 161(1) excluded (2.9.2022) by The A47 North Tuddenham to Easton Development Consent Order 2022 (S.I. 2022/911), arts. 1, 3(3) (with arts. 4, 10(7), 53)
  922. C52
    Pt. 11 excluded (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 3(2)(f)
  923. C53
    S. 208 excluded (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 4(2) (with art. 51)
  924. F475
    S. 14(3A) inserted (2.7.2023) by Public Order Act 2023 (c. 15), ss. 6(10), 35(5); S.I. 2023/733, reg. 2(d)
  925. C54
    S. 208 excluded (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 6(3)
  926. C55
    S. 208 excluded (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 40(4) (with arts. 5, 53, Sch. 8 paras. 6, 64)
  927. C56
    S. 33(1)(f) excluded in part (4.8.2023) by The A303 (Amesbury to Berwick Down) Development Consent Order 2023 (S.I. 2023/834), arts. 1, 3(1) (with arts. 6(2), 18, Sch. 11 paras. 5, 30)
  928. C57
    S. 208 excluded (4.8.2023) by The A303 (Amesbury to Berwick Down) Development Consent Order 2023 (S.I. 2023/834), arts. 1, 3(2) (with arts. 6(2), 18, Sch. 11 paras. 5, 30)
  929. C58
    Act: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)
  930. F476
    Pt. 5 Ch. 4 inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 126(1), 255(3)(a) (with s. 247)
  931. F477
    S. 98(4A) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 127(2), 255(3)(a) (with s. 247)
  932. F478
    Words in s. 98(6) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 127(3), 255(3)(a) (with s. 247)
  933. F479
    Sch. 6 para. 2(1A)(1B) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 128, 255(3)(a) (with s. 247)
  934. F480
    Word in Sch. 6 para. 3(7) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 67
  935. F481
    Word in Sch. 6 para. 3(8) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 67
  936. F482
    S. 214A inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 107(8), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(e)
  937. F483
    S. 211(11)(12) inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 107(3), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(e)
  938. F484
    Words in s. 211(10) inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 107(2)(a), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(e)
  939. F485
    Words in s. 211(10) substituted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 107(2)(b), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(e)
  940. F486
    S. 212(12) inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 107(4), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(e)
  941. F487
    S. 212A(8) inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 107(5), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(e)
  942. F488
    S. 213(6) inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 107(6), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(e)
  943. F489
    S. 214(7) inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 107(7), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(e)
  944. F490
    S. 216(2)(fa) inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 107(9), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(e)
  945. F491
    S. 216(8) inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 107(10), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(e)
  946. F492
    S. 218(11)(12) substituted (31.1.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 140(1), 255(4) (with s. 247); S.I. 2024/92, reg. 2(h)
  947. C59
    S. 158(2) modified (7.2.2024) by The Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 2024 (S.I. 2024/70), arts. 1, 17(1)-(3) (with arts. 17(7), 43, Sch. 12 paras. 5, 24)
  948. C60
    S. 155 applied (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 55 (with arts. 18, 35, Sch. 9)
  949. C61
    S. 208 excluded (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 3(2) (with arts. 18, 35, Sch. 9)
  950. C62
    S. 208 excluded (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024 (S.I. 2024/393), arts. 1, 10(1) (with art. 44, Sch. 15)
  951. I397
    S. 196 in force at 25.4.2024 for specified purposes by S.I. 2024/452, reg. 2(a)
  952. I398
    Sch. 10 para. 7 in force at 25.4.2024 for specified purposes by S.I. 2024/452, reg. 2(b)
  953. I399
    Sch. 10 para. 8 in force at 25.4.2024 for specified purposes by S.I. 2024/452, reg. 2(b)
  954. I400
    Sch. 10 para. 10 in force at 25.4.2024 for specified purposes by S.I. 2024/452, reg. 2(b)
  955. I401
    Sch. 10 para. 11 in force at 25.4.2024 for specified purposes by S.I. 2024/452, reg. 2(b)
  956. I402
    Sch. 10 para. 12 in force at 25.4.2024 for specified purposes by S.I. 2024/452, reg. 2(b)
  957. I403
    Sch. 10 para. 13 in force at 25.4.2024 for specified purposes by S.I. 2024/452, reg. 2(b)
  958. I404
    Sch. 10 para. 14 in force at 25.4.2024 for specified purposes by S.I. 2024/452, reg. 2(b)
  959. I405
    Sch. 10 para. 1 in force at 25.4.2024 for specified purposes by S.I. 2024/452, reg. 2(b)
  960. C63
    S. 161(1) excluded (9.5.2024) by The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024 (S.I. 2024/564), arts. 1, 6(3) (with arts. 35, 36, Sch. 14)
  961. C64
    S. 159 applied (3.8.2024) by The Mallard Pass Solar Farm Order 2024 (S.I. 2024/796), arts. 1, 12(8) (with art. 32, Sch. 15)
  962. F493
    Sch. 2 para. 41 omitted (W.) (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 187 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
  963. F494
    Words in s. 235(1) inserted (1.5.2025) by The Town and Country Planning (Fees and Consequential Amendments) Regulations 2025 (S.I. 2025/418), regs. 1(3), 17
  964. F495
    S. 186 omitted (E.W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 20(2)
  965. F496
    Words in s. 204(2) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 20(3)(b)
  966. F497
    Words in s. 204(5) substituted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 20(3)(d)
  967. F498
    Words in s. 204(1) substituted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 20(3)(a)
  968. F499
    Words in s. 204(3)(c) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 20(3)(c)(ii)
  969. F500
    S. 204(3)(a)(b) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 20(3)(c)(i)
  970. F501
    Word in s. 241(5) substituted (E.W.) (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 20(4)(a)
  971. F502
    Word in s. 241(5) substituted (E.W.) (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 20(4)(b)
  972. F503
    S. 27(4) inserted (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 3(2)(c), 118(1)(b) (with ss. 3(5)(6), 116)
  973. F504
    Words in s. 27(1)(b) inserted (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 3(2)(a), 118(1)(b) (with ss. 3(5)(6), 116)
  974. F505
    Words in s. 27(2)(b) inserted (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 3(2)(b), 118(1)(b) (with ss. 3(5)(6), 116)
  975. F506
    S. 28(3) inserted (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 3(3)(b), 118(1)(b) (with ss. 3(5)(6), 116)
  976. F507
    Words in s. 28(1)(a) inserted (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 3(3)(a), 118(1)(b) (with ss. 3(5)(6), 116)
  977. F508
    S. 28A(4) inserted (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 3(4)(c), 118(1)(b) (with ss. 3(5)(6), 116)
  978. F509
    Words in s. 28A(1)(b) inserted (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 3(4)(a), 118(1)(b) (with ss. 3(5)(6), 116)
  979. F510
    Words in s. 28A(2)(b) inserted (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 3(4)(b), 118(1)(b) (with ss. 3(5)(6), 116)
  980. F511
    S. 15(2A) inserted (31.12.2025) by The Infrastructure Planning (Onshore Wind and Solar Generation) Order 2025 (S.I. 2025/694), arts. 1(2), 3(4) (with arts. 4-10)
  981. F512
    S. 15(2)(aa) substituted (31.12.2025) by The Infrastructure Planning (Onshore Wind and Solar Generation) Order 2025 (S.I. 2025/694), arts. 1(2), 3(3)(a) (with arts. 4-10)
  982. F513
    Word in s. 15(1) inserted (31.12.2025) by The Infrastructure Planning (Onshore Wind and Solar Generation) Order 2025 (S.I. 2025/694), arts. 1(2), 3(2) (with arts. 4-10)
  983. F514
    Word in s. 15(3C) inserted (31.12.2025) by The Infrastructure Planning (Onshore Wind and Solar Generation) Order 2025 (S.I. 2025/694), arts. 1(2), 3(5) (with arts. 4-10)
  984. F515
    Word in s. 15(2)(c) substituted (31.12.2025) by The Infrastructure Planning (Onshore Wind and Solar Generation) Order 2025 (S.I. 2025/694), arts. 1(2), 3(3)(b) (with arts. 4-10)
  985. F516
    S. 6ZA inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 1(6), 118(1)(a) (with s. 116); S.I. 2025/1370, reg. 4(1)(a)
  986. F517
    S. 96B inserted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 10(3), 118(1)(d) (with s. 116)
  987. F518
    S. 6(1) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 1(2), 118(1)(a) (with s. 116); S.I. 2025/1370, reg. 4(1)(a)
  988. F519
    Words in s. 6(2) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 1(3), 118(1)(a) (with s. 116); S.I. 2025/1370, reg. 4(1)(a)
  989. F520
    S. 6(4A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 1(4), 118(1)(a) (with s. 116); S.I. 2025/1370, reg. 4(1)(a)
  990. F521
    S. 6(5A)-(5D) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 1(5), 118(1)(a) (with s. 116); S.I. 2025/1370, reg. 4(1)(a)
  991. F522
    Words in s. 6(7)(b)(i) omitted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 2(2)(a), 118(1)(a) (with ss. 2(4), 116); S.I. 2025/1370, reg. 4(1)(b)
  992. F523
    Words in s. 6(7A) omitted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 2(2)(b), 118(1)(a) (with ss. 2(4), 116); S.I. 2025/1370, reg. 4(1)(b)
  993. F524
    S. 6(10) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 2(2)(c), 118(1)(a) (with ss. 2(4), 116); S.I. 2025/1370, reg. 4(1)(b)
  994. F525
    S. 9(8A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 2(3)(a), 118(1)(a) (with ss. 2(4), 116); S.I. 2025/1370, reg. 4(1)(b)
  995. F526
    Words in s. 9(9) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 2(3)(b)(i), 118(1)(a) (with ss. 2(4), 116); S.I. 2025/1370, reg. 4(1)(b)
  996. F527
    Words in s. 9(9)(b) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 2(3)(b)(ii), 118(1)(a) (with ss. 2(4), 116); S.I. 2025/1370, reg. 4(1)(b)
  997. F528
    Words in s. 9(10) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 2(3)(c), 118(1)(a) (with ss. 2(4), 116); S.I. 2025/1370, reg. 4(1)(b)
  998. F529
    S. 9(11)-(13) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 2(3)(d), 118(1)(a) (with ss. 2(4), 116); S.I. 2025/1370, reg. 4(1)(b)
  999. F530
    S. 95(4) omitted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 10(2)(a), 118(1)(d) (with s. 116)
  1000. F531
    S. 95(5) omitted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 10(2)(a), 118(1)(d) (with s. 116)
  1001. F532
    Words in s. 95 heading omitted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 10(2)(b), 118(1)(d) (with s. 116)
  1002. C65
    S. 208 excluded (11.3.2026) by The Fenwick Solar Farm Order 2026 (S.I. 2026/151), arts. 1, 6(3) (with Sch. 14)