Growth and Infrastructure Act 2013

2013 c. 27

An Act to make provision in connection with facilitating or controlling the following, namely, the provision or use of infrastructure, the carrying-out of development, and the compulsory acquisition of land; to make provision about when rating lists are to be compiled; to make provision about the rights of employees of companies who agree to be employee shareholders; and for connected purposes.

Enacted[25th April 2013]

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:—

Other infrastructure provisions¶

18 Power stations: repeal of requirements to give notice¶

1 In the Energy Act 1976—

a section 14 (fuelling of new and converted power stations: requirement to give notice to Secretary of State) is omitted, and

b in section 19 (penalties), in subsection (2)—

i omit paragraph (b) (including the “or” following it), and

ii in paragraph (c), omit “, 7 or 14(3)”.

2 In Schedule 16 to the Electricity Act 1989, paragraph 22 (which amends the provision repealed by subsection (1)(a)) is omitted.

3 In the Planning Act 2008—

a in section 33 (effect of requirement for development consent on other consent regimes), in subsection (1), omit paragraph (e), and

b in Schedule 2, paragraph 15 (which amends the provision repealed by subsection (1)(a)) is omitted.

19 Conditions of licences under Gas Act 1986: payments to other licence-holders¶

In section 7B of the Gas Act 1986 (general provisions about licences under section 7 for gas transporters, under section 7ZA for gas interconnectors, and under section 7A for gas suppliers and gas shippers) in subsection (5)(b)(ii) (gas transporter's licence may require payments to be made to holder of licence under section 7A) omit “under section 7A above”.

^I38^I6020 Variation of consents under Electricity Act 1989¶

1 The Electricity Act 1989 is amended as follows.

2 After section 36B insert—

36C Variation of consents under section 36

1 The person for the time being entitled to the benefit of a section 36 consent may make an application to the appropriate authority for the consent to be varied.

2 Regulations may make provision about the variation of a section 36 consent, including in particular provision about—

a the making and withdrawal of applications;

b fees;

c publicity and consultation requirements;

d rights to make representations;

e public inquiries;

f consideration of applications.

3 Regulations under subsection (2) may provide for any statutory provision applicable to the grant of a section 36 consent to apply with specified modifications to the variation of a section 36 consent.

4 On an application for a section 36 consent to be varied, the appropriate authority may make such variations to the consent as appear to the authority to be appropriate, having regard (in particular) to—

a the applicant's reasons for seeking the variation;

b the variations proposed;

c any objections made to the proposed variations, the views of consultees and the outcome of any public inquiry.

5 Regulations may make provision treating, for prescribed purposes, a section 36 consent varied under this section as granted in its varied form when the original consent was granted (rather than when the variation was made).

6 In this section—

“the appropriate authority” means—
1. the Scottish Ministers, in a case where the section 36 consent relates to a generating station (or proposed generating station) in Scotland;
2. the Marine Management Organisation, in a case where the section 36 consent was granted by it;
3. the Secretary of State, in any other case;
“regulations” means regulations made by—
1. the Scottish Ministers, in the case of section 36 consents relating to generating stations (or proposed generating stations) in Scotland;
2. the Secretary of State, in any other case;
“Scotland” has the same meaning as in section 32(2) (see section 32(3));
“section 36 consent” means a consent granted under section 36 (construction, extension or operation of generating station), whenever granted;
“statutory provision” means a provision of or made under an Act, whenever passed or made; and for this purpose “Act” includes an Act of the Scottish Parliament.

3 In section 106 (regulations and orders)—

a after subsection (1) insert—

;

b after subsection (2) insert—

21 Consents under Electricity Act 1989: deemed planning permission¶

^I391 Section 90 of the Town and Country Planning Act 1990 (deemed planning permission: development with government authorisation) is amended as set out in subsections (2) and (3).

^I392 For subsection (2) substitute—

2 On granting or varying a consent under section 36 or 37 of the Electricity Act 1989 in relation to a generating station or electric line in England or Wales, the Secretary of State may give a direction for planning permission to be deemed to be granted, subject to such conditions (if any) as may be specified in the direction, for—

a so much of the operation or change of use to which the consent relates as constitutes development;

b any development ancillary to the operation or change of use to which the consent relates.

2ZA On varying a consent under section 36 or 37 of the Electricity Act 1989 in relation to a generating station or electric line in England or Wales, the Secretary of State may give one or more of the following directions (instead of, or as well as, a direction under subsection (2))—

a a direction for an existing planning permission deemed to be granted by virtue of a direction under subsection (2) (whenever made) to be varied as specified in the direction;

b a direction for any conditions subject to which any such existing planning permission was deemed to be granted to be varied as specified in the direction;

c a direction for any consent, agreement or approval given in respect of a condition subject to which any such existing planning permission was deemed to be granted to be treated as given in respect of a condition subject to which a new or varied planning permission is deemed to be granted.

^I393 For subsection (5) substitute—

^I594 Section 57 of the Town and Country Planning (Scotland) Act 1997 (deemed planning permission: development with government authorisation) is amended as set out in subsections (5) and (6).

^I595 For subsection (2) substitute—

2 On granting or varying a consent under section 36 or 37 of the Electricity Act 1989, the Scottish Ministers may give a direction for planning permission to be deemed to be granted, subject to such conditions (if any) as may be specified in the direction, for—

a so much of the operation or change of use to which the consent relates as constitutes development;

b any development ancillary to the operation or change of use to which the consent relates.

2ZA On varying a consent under section 36 or 37 of the Electricity Act 1989, the Scottish Ministers may give one or more of the following directions (instead of, or as well as, a direction under subsection (2))—

a a direction for an existing planning permission deemed to be granted by virtue of a direction under subsection (2) (whenever made) to be varied as specified in the direction;

b a direction for any conditions subject to which any such existing planning permission was deemed to be granted to be varied as specified in the direction;

^I596 In subsection (5), for “In subsection (2) “ancillary development”, in relation to development consisting of” substitute “ In subsection (2)(b), the reference to ancillary development, in the case of a consent relating to ”.

^I1622 Variation and replacement of pre-Planning Act 2008 consents¶

1 After section 237 of the Planning Act 2008 insert—

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).

2 This section is deemed to have had effect since Part 4 of the Planning Act 2008 came into force.

^I1723 Removal of Planning Act 2008 consent and certification requirements¶

1 The Planning Act 2008 is amended as follows.

2 In section 127 (compulsory acquisition of statutory undertakers' land, and rights over statutory undertakers' land)—

a in subsection (2), for the words from “Secretary of State” to the end substitute “ Secretary of State is satisfied of the matters set out in subsection (3). ”;

b in subsection (5), for the words from “Secretary of State” to the end substitute “ Secretary of State is satisfied of the matters set out in subsection (6). ”;

c omit subsection (7).

3 Section 137 (consent of statutory undertakers etc required to extinguishment of right of way over land on which they have apparatus) is repealed.

4 In section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc)—

a in subsection (4), for the words from “only if” to the end substitute “ 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. ”;

b after subsection (4) insert—

;

c omit subsections (5) and (6).

5 In Schedule 12 (modifications of Act in its application to Scotland), in paragraph 18, for “Section 137(7)” substitute “ Section 138(4A) ”.

^I1824 Special parliamentary procedure in cases under the Planning Act 2008¶

1 Sections 128 and 129 of the Planning Act 2008 (special parliamentary procedure applies to certain orders granting development consent which authorise compulsory acquisition of land belonging to a local authority or statutory undertaker) are repealed.

2 In section 131 of the Planning Act 2008 (special parliamentary procedure applies to certain orders granting development consent which authorise compulsory acquisition of land forming part of a common, open space, fuel allotment or field garden allotment)—

a in subsection (3) (special parliamentary procedure does not apply if Secretary of State certifies that subsection (4) or (5) applies) for the words from “unless” to the end substitute “unless—

b after subsection (4) insert—

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.

, and

c omit subsections (6) to (10) (provision about certificates under subsection (3)(b)).

3 In section 132 of the Planning Act 2008 (special parliamentary procedure applies to certain orders granting development consent which authorise compulsory acquisition of rights over land forming part of a common, open space, fuel allotment or field garden allotment)—

a in subsection (2) (special parliamentary procedure does not apply if Secretary of State certifies that one of subsections (3) to (5) applies) for the words from “unless” to the end substitute

b after subsection (4) insert—

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

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.

, and

c omit subsections (6) to (10) (provision about certificates under subsection (2)(b)).

4 In consequence of subsection (1) the following are repealed—

a paragraphs 12 and 13 of Schedule 12 to the Planning Act 2008 (application of sections 128 and 129 to Scotland),

b section 141(2) of the Localism Act 2011 (which amended section 128), and

c paragraph 60 of Schedule 22 to that Act (which amended section 129).

5 In section 130 of the Planning Act 2008 (special parliamentary procedure where order granting development consent authorises acquisition of inalienable National Trust land despite Trust's objections) after subsection (3) insert—

6 An amendment or repeal made by this section applies in relation to any order granting development consent which is made after the amendment or repeal comes into force.

25 Modifications of special parliamentary procedure in certain cases¶

^I33^I371 The Statutory Orders (Special Procedure) Act 1945 is amended as follows.

^I33^I372 In section 1(1) (Act applies where subsequent Act requires an order to be subject to parliamentary procedure) after “provision is made requiring that any such order shall be subject to special parliamentary procedure” insert “ or requiring that any such order shall be subject to special parliamentary procedure to a limited extent ”.

^I33^I373 In section 1 after subsection (2) insert—

3 In this Act “special-acquisition provision” means—

a section 130, 131 or 132 of the Planning Act 2008 (certain orders granting development consent which also authorise compulsory acquisition of, or of rights over, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment),

b section 17, 18 or 19 of, or paragraph 4, 5 or 6 of Schedule 3 to, the Acquisition of Land Act 1981 (certain compulsory purchase orders which authorise compulsory acquisition of, or of rights over, land of a local authority or statutory undertaker, inalienable National Trust land, or land forming part of a common, open space or fuel or field garden allotment),

c paragraph 22 of Schedule 3 to the Harbours Act 1964 (harbour revision or empowerment order authorising compulsory purchase of, or of rights over, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment),

d paragraph 12 or 13 of Schedule 4 to the New Towns Act 1981 (order authorising compulsory purchase of local authority land, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment), or

e section 12 of the Transport and Works Act 1992 (order authorising compulsory purchase of, or of rights over, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment).

4 A reference in this Act to land to which a special-acquisition provision applies is to be read as follows—

a “land” has the same meaning as it has for the purposes of the special-acquisition provision, and

b in the case of a special-acquisition provision mentioned in subsection (3)(c) or (e), the reference is to—

i land (as so defined) belonging to the National Trust which is held by the Trust inalienably, or

ii land (as so defined) forming part of a common, open space or fuel or field garden allotment.

5 The definition of “the National Trust” given by section 7(1) of the Acquisition of Land Act 1981, and section 18(3) of that Act (meaning of “held inalienably”), apply for the purposes of subsection (4)(b)(i).

6 In subsection (4)(b)(ii) “common”, “fuel or field garden allotment” and “open space” have the same meaning as in section 19 of that Act.

^I33^I374 After section 1 insert—

1A Order subject to special parliamentary procedure only so far as authorising certain acquisitions of land or rights

1 Where under a special-acquisition provision an order is subject to special parliamentary procedure so far as the order authorises compulsory acquisition of, or of a right over, land to which that provision applies, sections 3 to 7 of this Act apply in relation to the order with the modifications specified in subsections (3) to (19).

2 Where those sections apply with those modifications in relation to an order, in subsections (3) to (19) “the special authorisation” means the order so far as it authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies.

3 In section 3(1) the reference to a petition duly presented against the order is to be read as a reference to a petition duly presented against the special authorisation.

4 In section 3(2)—

a the reference to petitions against an order to which this Act applies is to be read as a reference to petitions against the special authorisation, and

b in paragraphs (a) and (b) a reference to the order is to be read as a reference to the special authorisation.

5 In section 3(4) a reference to the order is to be read as a reference to the special authorisation.

6 In section 3(4A)—

a the reference in the opening words to the order to which a petition relates is to be read as a reference to the order containing the special authorisation to which a petition relates, and

b in paragraph (a) the reference to the order being one that relates to proposals of the kind mentioned is to be read as a reference to the Chairmen being of the opinion that removal of the special authorisation from the order would be inconsistent with proposals of that kind.

7 In section 3(5)—

a the reference to every order to which this Act applies is to be read as a reference to the special authorisation, and

b the reference to every such report is to be read as a reference to the report of the Chairmen in respect of the special authorisation.

8 In section 4(1)—

a the reference to any order to which this Act applies is to be read as a reference to the special authorisation,

b the reference to resolving that an order be annulled is to be read as a reference to resolving that the special authorisation be annulled,

c the reference to an order becoming void is to be read as a reference to the special authorisation becoming void, and

d the reference to taking no further proceedings on an order is to be read as a reference to taking no further proceedings on the special authorisation.

9 In section 4(2) the reference to the order is to be read as a reference to the special authorisation.

10 In section 4(3)—

a the reference to neither House resolving that the order be annulled is to be read as a reference to neither House resolving that the special authorisation be annulled, and

b the reference to petitions relating to the order is to be read as a reference to petitions relating to the special authorisation.

11 Section 4 is to be read as if after subsection (3) there were inserted—

4 Where either House resolves during the resolution period that the special authorisation be annulled, the Minister is to either—

a withdraw the order by notice given in the prescribed manner, or

b cause the order to be submitted to Parliament for further consideration by means of a Bill for the confirmation of the order.

5 A Bill presented for the purposes of subsection (4)(b) must set out the order as laid before Parliament under section 1(2) of this Act, and any such Bill is to be treated as a public bill, except that—

a where a petition for amendment of the special authorisation was certified as proper to be received, the Bill—

i after being read a second time in the House in which it is presented, is to be referred to a joint committee of both Houses for the purposes of the consideration of that petition,

ii after it has been reported by the joint committee, is to be ordered to be considered in the House in which it is presented as if it had been reported by a committee of that House, and

iii when it has been read a third time and passed in that House, is to be treated as having passed through all its stages up to and including committee in the second House;

b where no such petition has been so certified—

i the Bill is after its presentation to be treated as having passed all its stages up to and including committee in the House in which it is presented,

ii the Bill is to be ordered to be considered in that House as if it had been reported from a committee of that House, and

iii when the Bill has been read a third time and passed in that House, the like proceedings are to be taken on the Bill in the second House.

12 In section 5(1)—

a the reference to any petition against an order to which this Act applies is to be read as a reference to any petition against the special authorisation,

b the reference to the order standing referred to a committee is to be read as a reference to the special authorisation standing referred to that committee, and

c the reference to the committee's power to report the order is to be read as a reference to the committee's power to report the special authorisation.

13 In section 5(2) a reference to the order is to be read as a reference to the special authorisation.

14 In section 5(3) the reference to any order to which this Act applies is to be read as a reference to the special authorisation.

15 In section 6(1) the reference to an order to which this Act applies being reported without amendment is to be read as a reference to the special authorisation being reported without amendment.

16 In section 6(2) the reference to any such order being reported with amendments is to be read as a reference to the special authorisation being reported with amendments.

17 In section 6(3) the reference to it being reported, with respect to any such order, that the order be not approved is to be read as a reference to it being reported that the special authorisation be not approved.

18 In section 6(5)—

a the requirement for a Bill to set out the order as referred to the joint committee is to be read as a requirement for the Bill to set out the order as laid under section 1(2) of this Act, and

b in paragraph (a) the reference to a petition for amendment of the order is to be read as a petition for amendment of the special authorisation.

19 In section 7 a reference to an order to which this Act applies is to be read as a reference to the special authorisation.

^I33^I375 After section 9 insert—

9A Standing Orders in cases where section 1A applies

1 In this section, a reference to a special-acquisition order is to an order which, under a special-acquisition provision, is subject to special parliamentary procedure so far as it authorises compulsory acquisition of, or of a right over, land to which that provision applies.

2 A reference in section 9(a) or (d) of this Act to an order to which this Act applies is, in the case of a special-acquisition order, to be read as a reference to that order so far as it authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies.

3 The reference in section 9(f) of this Act to any order is, in the case of a special-acquisition order, to be read as a reference to that order so far as it authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies.

4 The reference in section 9(g) of this Act to section 6 of this Act is to be read as a reference to section 4 or 6 of this Act.

5 Where Standing Orders of either House of Parliament make provision that relates to orders to which this Act applies and is for a purpose mentioned in section 9 then, unless the Standing Orders provide otherwise, the provision applies in relation to a special-acquisition order only so far as the order authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies.

^I33^I376 In section 11(1) (interpretation) after the definition of “Prescribed” insert—

^I347 In the Acquisition of Land Act 1981—

a in sections 17(2) and 18(2) (certain compulsory purchase orders subject to special parliamentary procedure so far as authorising acquisition of special land if owner objects to the order) for “the order” substitute “ the compulsory purchase of the land ”, and

b in paragraphs 4(2) and 5(2) of Schedule 3 (certain compulsory purchase orders subject to special parliamentary procedure so far as authorising acquisition of rights over special land if owner objects to the order) for “the order” substitute “ the compulsory purchase of the rights ”.

^I348 In paragraph 12 of Schedule 4 to the New Towns Act 1981 (certain compulsory purchase orders subject to special parliamentary procedure so far as authorising acquisition of special land if owner objects to the order) for “to the order” substitute “ to the acquisition of the land ”.

^I349 In each of the following provisions (which refer to orders confirmed by Act under section 6 of the 1945 Act) before “6” insert “ 4 or ”

section 44(1) of the Harbours Act 1964,
section 27 of the Acquisition of Land Act 1981,
paragraph 16(a) of Schedule 4 to the New Towns Act 1981,
paragraph 6(6)(a) of Schedule 11 to the Water Industry Act 1991,
paragraph 6(6)(a) of Schedule 19 to the Water Resources Act 1991, and
section 12(3)(b) of the Transport and Works Act 1992.

^I33^I3710 An amendment made by subsection (4) or (5), so far as it applies to orders granting development consent, applies to any such order made after the amendment comes into force.

26 Bringing business and commercial projects within Planning Act 2008 regime¶

1 The Planning Act 2008 is amended as follows.

2 For section 35 substitute—

35 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.

3 In section 35A (timetable for deciding request for direction under section 35), in subsection (5), in the definition of “qualifying request”, for “35(10)” substitute “ 35ZA(11) ”;

4 In section 232 (orders and regulations)—

a in subsection (5)(e) (regulations not subject to negative procedure), after “section” insert “ 35(2)(a)(ii), ”;

b in subsection (7) (regulations subject to affirmative procedure), after “section” insert “ 35(2)(a)(ii), ”.

^I1927 Authorisation of road user charging under Planning Act 2008¶

1 Section 144 of the Planning Act 2008 (content of order granting development consent: highways) is amended as follows.

2 After subsection (2) insert—

3 Omit subsection (3).

^I5728 Delegation of planning functions by Mayor of London¶

1 In section 38 of the Greater London Authority Act 1999 (delegation) after subsection (2A) insert—

2 In consequence of subsection (1), omit section 2B(8) of the Town and Country Planning Act 1990 (which disapplies section 38(1) of the 1999 Act in relation to functions under sections 2A and 2B of the 1990 Act).

Economic measures¶

29 Postponement of compilation of English rating lists to 2017¶

1 Section 41 of the Local Government Finance Act 1988 (local rating lists) is amended in accordance with subsections (2) to (5).

2 In subsection (2) (list to be compiled on 1 April 1990 and every five years thereafter), at the end insert “ , subject to subsection (2A). ”

3 After that subsection insert—

4 In subsection (3) (list to remain in force until the next one is compiled five years later) omit “five years later”.

5 In subsection (7) (expiry of five year period not to detract from duty to maintain list) omit “five year”.

6 Section 52 of the Local Government Finance Act 1988 (central rating lists) is amended in accordance with subsections (7) to (10).

7 In subsection (2) (list to be compiled on 1 April 1990 and every five years thereafter), at the end insert “ , subject to subsection (2A). ”

8 After that subsection insert—

9 In subsection (3) (list to remain in force until the next one is compiled five years later) omit “five years later”.

10 In subsection (7) (expiry of five year period not to detract from duty to maintain list) omit “five year”.

^F230 Power to postpone compilation of Welsh rating lists¶

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

^I4031 Employee shareholders¶

1 After section 205 of the Employment Rights Act 1996 insert—

Employee shareholder status

205A Employee shareholders

1 An individual who is or becomes an employee of a company is an “ employee shareholder ” if—

a the company and the individual agree that the individual is to be an employee shareholder,

b in consideration of that agreement, the company issues or allots to the individual fully paid up shares in the company, or procures the issue or allotment to the individual of fully paid up shares in its parent undertaking, which have a value, on the day of issue or allotment, of no less than £2,000,

c the company gives the individual a written statement of the particulars of the status of employee shareholder and of the rights which attach to the shares referred to in paragraph (b) (“the employee shares”) (see subsection (5)), and

d the individual gives no consideration other than by entering into the agreement.

2 An employee who is an employee shareholder does not have—

a the right to make an application under section 63D (request to undertake study or training),

b the right to make an application under section 80F (request for flexible working),

c the right under section 94 not to be unfairly dismissed, or

d the right under section 135 to a redundancy payment.

3 The following provisions are to be read in the case of an employee who is an employee shareholder as if for “8 weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”—

a regulation 11 of the Maternity and Parental Leave etc. Regulations 1999 (S.I. 1999/3312) (requirement for employee to notify employer of intention to return to work during maternity leave period), and

b regulation 25 of the Paternity and Adoption Leave Regulations 2002 (S.I. 2002/2788) (corresponding provision for adoption leave).

4 Regulation 30 of the Additional Paternity Leave Regulations 2010 (S.I. 2010/1055) (requirement for employee to notify employer of intention to return to work during additional paternity leave period) is to be read in the case of an employee who is an employee shareholder as if for “six weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”.

5 The statement referred to in subsection (1)(c) must—

a state that, as an employee shareholder, the individual would not have the rights specified in subsection (2),

b specify the notice periods that would apply in the individual's case as a result of subsections (3) and (4),

c state whether any voting rights attach to the employee shares,

d state whether the employee shares carry any rights to dividends,

e state whether the employee shares would, if the company were wound up, confer any rights to participate in the distribution of any surplus assets,

f if the company has more than one class of shares and any of the rights referred to in paragraphs (c) to (e) attach to the employee shares, explain how those rights differ from the equivalent rights that attach to the shares in the largest class (or next largest class if the class which includes the employee shares is the largest),

g state whether the employee shares are redeemable and, if they are, at whose option,

h state whether there are any restrictions on the transferability of the employee shares and, if there are, what those restrictions are,

i state whether any of the requirements of sections 561 and 562 of the Companies Act 2006 are excluded in the case of the employee shares (existing shareholders' right of pre-emption), and

j state whether the employee shares are subject to drag-along rights or tag-along rights and, if they are, explain the effect of the shares being so subject.

6 Agreement between a company and an individual that the individual is to become an employee shareholder is of no effect unless, before the agreement is made—

a the individual, having been given the statement referred to in subsection (1)(c), receives advice from a relevant independent adviser as to the terms and effect of the proposed agreement, and

b seven days have passed since the day on which the individual receives the advice.

7 Any reasonable costs incurred by the individual in obtaining the advice (whether or not the individual becomes an employee shareholder) which would, but for this subsection, have to be met by the individual are instead to be met by the company.

8 The reference in subsection (2)(b) to making an application under section 80F does not include a reference to making an application within the period of 14 days beginning with the day on which the employee shareholder returns to work from a period of parental leave under regulations under section 76.

9 The reference in subsection (2)(c) to unfair dismissal does not include a reference to a dismissal—

a which is required to be regarded as unfair for the purposes of Part 10 by a provision (whenever made) contained in or made under this or any other Act, or

b which amounts to a contravention of the Equality Act 2010.

10 The reference in subsection (2)(c) to the right not to be unfairly dismissed does not include a reference to that right in a case where section 108(2) (health and safety cases) applies.

11 The Secretary of State may by order amend subsection (1) so as to increase the sum for the time being specified there.

12 The Secretary of State may by regulations provide that any agreement for a company to buy back from an individual the shares referred to in subsection (1)(b) in the event that the individual ceases to be an employee shareholder or ceases to be an employee must be on terms which meet the specified requirements.

13 In this section—

“company” means—
1. a company or overseas company (within the meaning, in each case, of the Companies Act 2006) which has a share capital, or
2. a European Public Limited-Liability Company (or Societas Europaea) within the meaning of Council Regulation 2157/2001/EC of 8 October 2001 on the Statute for a European company;
“drag-along rights”, in relation to shares in a company, means the right of the holders of a majority of the shares, where they are selling their shares, to require the holders of the minority to sell theirs;
“parent undertaking” has the same meaning as in the Companies Act 2006;
“relevant independent adviser” has the meaning that it has for the purposes of section 203(3)(c);
“tag-along rights”, in relation to shares in a company, means the right of the holders of a minority of the shares to sell their shares, where the holders of the majority are selling theirs, on the same terms as those on which the holders of the majority are doing so.

14 The reference in this section to the value of shares in a company is a reference to their market value within the meaning of the Taxation of Chargeable Gains Act 1992 (see sections 272 and 273 of that Act).

2 After section 47F of that Act insert—

3 In section 48(1) of that Act (presentation of complaint to employment tribunal), for “or 47F” substitute “ , 47F or 47G ”.

4 After section 104F of that Act insert—

5 In section 108(3) of that Act (exceptions to provision on qualifying period of employment), after paragraph (gl) insert—

6 In section 236(3) of that Act (orders and regulations subject to affirmative resolution procedure), for “or 125(7)” substitute “ , 125(7) or 205A(11) or (12) ”.

General provisions¶

32 Orders¶

1 Any power of the Secretary of State to make an order under this Act—

a is exercisable by statutory instrument, and

b includes—

i power to make different provision for different purposes, and

ii power to make incidental, supplementary, consequential, transitional or transitory provision or savings.

2 The Secretary of State may not make an order to which subsection (3) applies unless a draft of the statutory instrument containing the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

3 This subsection applies to—

a an order under section 7(5);

b an order under section 33 which amends or repeals any provision of an Act of Parliament, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales.

4 A statutory instrument that—

a contains an order made by the Secretary of State under this Act, and

b is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

is subject to annulment in pursuance of a resolution of either House of Parliament.

5 Subsection (4) does not apply to an order under section 7(6).

6 Subsections (1)(b) and (4) do not apply to an order under section 35.

33 Consequential amendments¶

1 The Secretary of State may by order make such provision as the Secretary of State considers appropriate in consequence of this Act.

2 The power to make an order under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment.

3 In this section “enactment” means an enactment whenever passed or made, and includes an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales.

34 Financial provisions¶

There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.

35 Commencement¶

1 Subject as follows, this Act comes into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

2 Section 1(1) so far as it inserts the new section 62B, sections 4, 7, 9, 16, 19, 26, 32 and 33, this section and section 36, and Schedules 2 and 4, come into force on the day on which this Act is passed.

3 Sections 11, 12, 17, 18, 29 and 30 come into force at the end of two months beginning with the day on which this Act is passed.

4 Section 21(4) to (6) come into force on such day as the Scottish Ministers may by order appoint; and different days may be appointed for different purposes.

5 The Scottish Ministers may by order make such transitional, transitory or saving provision as the Scottish Ministers consider appropriate in connection with the coming into force of section 21(4) to (6).

6 The Secretary of State may by order make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any other provision of this Act.

7 Power to make an order under subsection (5) or (6) includes power to make different provision for different purposes.

36 Short title and extent¶

1 This Act may be cited as the Growth and Infrastructure Act 2013.

2 Subject as follows, this Act extends to England and Wales only.

3 Sections 9(4) and 32 to 35, and this section, extend also to Scotland and Northern Ireland.

4 Any amendment or repeal made by this Act has the same extent as the provision to which it relates, subject to subsection (5).

5 Section 25(1) to (6) and (10) extend to England and Wales, and Scotland, only.

6 The power under section 411(6) of the Communications Act 2003 may be exercised so as to extend the amendment made by section 9(1) to any of the Channel Islands or the Isle of Man.

SCHEDULES

SCHEDULE 1 ¶

Planning applications made to Secretary of State: further amendments

Section 1

Town and Country Planning Act 1990 (c. 8)¶

^I3^I44^I631The Town and Country Planning Act 1990 is amended as follows.

^I4^I45^I642

1 In section 2A (Mayor of London: applications of strategic importance) after subsection (1A) insert—

2 In consequence—

a in section 2A(2) after “(1)” insert “ or (1B) ”, and

b in section 2C(1) after “to whom the original application was made” insert “ or to whom the original application would have been made had it not been made to the Secretary of State under section 62A ”.

^I5^I46^I653In section 58(1)(b) (planning permission may be granted on application to local planning authority) after “on application to the authority” insert “ (or, in the cases provided in this Part, on application to the Secretary of State) ”.

^I6^I47^I664In section 59(2)(b) (development order may provide for planning permission to be granted on application to local planning authority) after “on application to the authority” insert “ (or, in the cases provided in the following provisions, on application to the Secretary of State) ”.

^I7^I48^I675After section 76B insert—

76C Provisions applying to applications made under section 62A

1 Sections 62(3) and (4), 65(5), 70 to 70C, 72(1) and (5) and 73A apply, with any necessary modifications, to an application for planning permission made to the Secretary of State under section 62A as they apply to an application for planning permission which is to be determined by the local planning authority.

2 Any requirements imposed by a development order by virtue of section 62, 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for planning permission made to the Secretary of State under section 62A.

3 Where an application is made to the Secretary of State under section 62A(3) instead of to the authority to whom it would otherwise have been made, a development order may apply, with or without modifications, to the application any enactment that relates to applications of that kind when made to that authority.

76D Deciding applications made under section 62A

1 An application made to the Secretary of State under section 62A (“a direct application”) is to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State, subject to section 76E.

2 Where a person has been appointed under subsection (1) or this subsection to determine a direct application then, at any time before the person has determined the application, the Secretary of State may—

a revoke the person's appointment; and

b appoint another person to determine the application instead.

3 A person appointed under this section to determine an application for planning permission made to the Secretary of State under section 62A has the same powers and duties that the Secretary of State has under section 76C.

4 Where a direct application is determined by a person appointed under this section, the person's decision is to be treated as that of the Secretary of State.

5 Except as provided by Part 12, the validity of that decision is not to be questioned in any proceedings whatsoever.

6 It is not a ground of application to the High Court under section 288 that a direct application ought to have been determined by the Secretary of State and not by a person appointed under this section unless the applicant challenges the person's power to determine the direct application before the person's decision on the direct application is given.

7 Where any enactment (other than this section and section 319A)—

a refers (or is to be read as referring) to the Secretary of State in a context relating to or capable of relating to an application made under section 62A (otherwise than by referring to the application having been made to the Secretary of State), or

b refers (or is to be read as referring) to anything (other than the making of the application) done or authorised or required to be done by, to or before the Secretary of State in connection with any such application,

then, so far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under this section, as if the reference to the Secretary of State were or included a reference to that person.

76E Applications under section 62A: determination by Secretary of State

1 The Secretary of State may direct that an application made to the Secretary of State under section 62A (“a direct application”) is to be determined by the Secretary of State instead of by a person appointed under section 76D.

2 Where a direction is given under subsection (1), the Secretary of State must serve a copy of the direction on—

a the person, if any, appointed under section 76D to determine the application concerned,

b the applicant, and

c the local planning authority.

3 Where a direct application is to be determined by the Secretary of State in consequence of a direction under subsection (1)—

a in determining the application, the Secretary of State may take into account any report made to the Secretary of State by any person previously appointed to determine the application, and

b subject to that, the provisions of the planning Acts which are relevant to the application apply to it as if section 76D had never applied to it.

4 The Secretary of State may by a further direction revoke a direction under subsection (1) at any time before the determination of the direct application concerned.

5 Where a direction is given under subsection (4), the Secretary of State must serve a copy of the direction on—

a the person, if any, previously appointed under section 76D to determine the application concerned,

b the applicant, and

c the local planning authority.

6 Where a direction is given under subsection (4) in relation to a direct application—

a anything done by or on behalf of the Secretary of State in connection with the application which might have been done by a person appointed under section 76D to determine the application is, unless the person appointed under section 76D to determine the application directs otherwise, to be treated as having been done by that person, and

b subject to that, section 76D applies to the application as if no direction under subsection (1) had been given in relation to the application.

^I8^I49^I686In section 70A(2) (power to decline to determine planning application where Secretary of State has refused similar application in previous two years) after “has refused a similar application” insert “ made to the Secretary of State under section 62A or ”.

^I9^I50^I697In section 70B(3) (power to decline to determine planning application where Secretary of State currently considering similar application) after “in pursuance of section” insert “ 62A, ”.

^I10^I51^I708In section 78(2) (right to appeal where local planning authority has taken none of the listed steps in relation to an application) after “made such an application” insert “ to the local planning authority ”.

^I11^I52^I719In section 284(3) (actions which may be questioned in legal proceedings only so far as provided by Part 12 of the 1990 Act) before paragraph (za) insert—

^I12^I53^I7210In section 303 (fees for planning applications etc) as substituted by section 199 of the Planning Act 2008, after subsection (1) insert—

^I13^I54^I7311In section 319A(7) (proceedings for which Secretary of State must determine the procedure) before paragraph (a) insert—

Planning and Compulsory Purchase Act 2004 (c. 5)¶

^I14^I55^I7412In section 59(2) of the Planning and Compulsory Purchase Act 2004 (correctable errors: meaning of “inspector”) after “to determine appeals instead of the Secretary of State” insert “ or appointed under section 76D of the principal Act to determine applications instead of the Secretary of State ”.

SCHEDULE 2 ¶

Modification or discharge of affordable housing requirements: related amendments

Section 7

1The Town and Country Planning Act 1990 is amended as follows.

2In section 5(3) (provisions for the purposes of which the Broads Authority is the sole district planning authority for the Broads) for “106B” substitute “ 106BC ”.

1 Section 106 (planning obligations) is amended as follows.

2 In subsection (1) (which defines “planning obligation” for the purposes of that section and sections 106A and 106B) for “and 106B” substitute “ to 106C ”.

3 In subsection (12) (sections 106 to 106B to be subject to regulations for charging on land of sums payable in connection with planning obligations) for “and 106B” substitute “ to 106BC ”.

1 Section 106A (modification and discharge of planning obligations) is amended as follows.

2 In subsection (1) (planning obligation to be modified or discharged by agreement or in accordance with sections 106A and 106B)—

a after “in accordance with” insert “ —(i) ”, and

b after “section 106B” insert

3 In subsection (8) (effect of determination that planning obligation is to have effect subject to modifications), after “determine” insert “ under this section ”.

1 Section 106B (appeals in relation to applications under section 106A) is amended as follows.

2 In the heading, after “Appeals” insert “ in relation to applications under section 106A ”.

3 In subsection (1)(b) (application of section) after “determine” insert “ under section 106A ”.

1 Section 106C (legal challenges relating to development consent obligations) is amended as follows.

2 In subsection (1) (challenges to Secretary of State's failure to give notice under section 106A(7)), after “106A(7)” in both places insert “ or 106BA(9) ”.

3 After subsection (1) insert—

4 In subsection (2) (challenges to Secretary of State's determination that planning obligation is to continue to have effect without modification), in paragraph (b), after “106A(7)” insert “ or 106BA(9) ”.

5 After subsection (2) insert—

7In section 319A (determination by Secretary of State of procedure by which certain types of proceedings are to be considered), in subsection (7) (proceedings to which the section applies), after paragraph (b) insert—

1 Section 333 (regulations and orders) is amended as follows.

2 In subsection (4) (power to make orders under Act exercisable by statutory instrument), after “87,” insert “ 106BA(14), ”.

3 After subsection (5) insert—

1 Schedule 6 (determination of certain appeals by person appointed by Secretary of State) is amended as follows.

2 In paragraph 1—

a in sub-paragraph (1) (power of Secretary of State to prescribe classes of appeals under specified provisions to be determined by person appointed), after “106B,” insert “ 106BC, ”, and

b after sub-paragraph (2) insert—

3 In paragraph 2(1)(aa) (person appointed in relation to appeals under section 106B to have the same powers and duties as Secretary of State under that section), after “106B” insert “ or 106BC ”.

10In Part 1 of Schedule 16 (provisions of the Planning Acts to which sections 314 to 319 apply), in the entry for Sections 106 to 106B, for “106B” substitute “ 106BC ”.

SCHEDULE 3 ¶

Periodic review of mineral planning permissions

Section 10

^I241Schedule 14 to the Environment Act 1995 (periodic review of mineral planning permissions) is amended as follows.

^I252Before paragraph 1 insert—

^I263In paragraph 1 (duty to carry out periodic reviews), after “The mineral planning authority” insert “ for an area in Wales ”.

^I274In paragraph 2(1) (interpretation), for the definition of “first review date” substitute—

^I285After paragraph 2 insert—

The first review date: mineral planning authorities in England

1 In the application of this Schedule in relation to a mineral planning authority for an area in England, “first review date” means the date set by the authority in accordance with sub-paragraph (2) below as the first review date for the purposes of the first periodic review of the mineral permissions relating to a mining site.

2 That date may not be earlier than the relevant date found under paragraph 3 below in relation to the site.

3 This paragraph is subject to paragraphs 3A and 5 below (power to specify different relevant date, and postponement of first review date).

The first review date: mineral planning authorities in Wales

1 In the application of this Schedule in relation to a mineral planning authority for an area in Wales, “first review date” in relation to a mining site means the relevant date found under paragraph 3 below in relation to the site.

2 This paragraph is subject to paragraphs 3A and 5 below (power to specify different relevant date, and postponement of first review date).

^I296

1 Paragraph 3 (the first review date) is amended as follows.

2 Before sub-paragraph (1) insert—

3 For “first review date” in each place substitute “ relevant date ”.

4 For the italic heading immediately before that paragraph substitute “ The relevant date for the purposes of a first periodic review ”.

^I307In paragraph 3A (power to specify a first review date by order), for “first review date” in each place substitute “ relevant date ”.

^I318

1 Paragraph 4 (service of notice of first periodic review) is amended as follows.

2 Before sub-paragraph (1) insert—

3 In sub-paragraph (1)—

a omit “of the mineral permissions relating to a mining site”, and

b for “that site” substitute “ the site to which the review relates ”.

^I329

1 Paragraph 12 (second and subsequent periodic reviews) is amended as follows.

2 Before sub-paragraph (1) insert—

A1 This paragraph applies—

a where a mineral planning authority for an area in England determines that it will carry out a periodic review of the mineral permissions relating to a mining site, and that periodic review is the second or a subsequent periodic review of the permissions relating to that site, and

b in relation to the second or any subsequent periodic review by a mineral planning authority for an area in Wales of the mineral permissions relating to a mining site.

A2 In the application of this paragraph in relation to a mineral planning authority for an area in England “the review date” means the date set by the authority as the review date for the purposes of the periodic review.

A3 That date may not be earlier than the relevant date found under sub-paragraph (1) below in relation to the site.

A4 In the application of this paragraph in relation to a mineral planning authority for an area in Wales “the review date” means the relevant date found under sub-paragraph (1) below in relation to the site.

3 In sub-paragraph (1), for “ “review date”” substitute “relevant date” .

4 In sub-paragraph (2)—

a omit the “and” at the end of paragraph (a), and

b at the end of paragraph (b) insert

SCHEDULE 4 ¶

New Schedule 1A to the Commons Act 2006

Section 16

In the Commons Act 2006, after Schedule 1 insert—

SCHEDULE 1A

Exclusion of right under section 15

Section 15C

Trigger events	Terminating events
1. An application for planning permission in relation to the land which would be determined under section 70 of the 1990 Act is first publicised in accordance with requirements imposed by a development order by virtue of section 65(1) of that Act.	a The application is withdrawn. b A decision to decline to determine the application is made under section 70A of the 1990 Act. c In circumstances where planning permission is refused, all means of challenging the refusal in legal proceedings in the United Kingdom are exhausted and the decision is upheld. d In circumstances where planning permission is granted, the period within which the development to which the permission relates must be begun expires without the development having been begun.
2. An application for planning permission made in relation to the land under section 293A of the 1990 Act is first publicised in accordance with subsection (8) of that section.	a The application is withdrawn. b In circumstances where planning permission is refused, all means of challenging the refusal in legal proceedings in the United Kingdom are exhausted and the decision is upheld. c In circumstances where planning permission is granted, the period within which the development to which the permission relates must be begun expires without the development having been begun.
3. A draft of a development plan document which identifies the land for potential development is published for consultation in accordance with regulations under section 17(7) of the 2004 Act.	a The document is withdrawn under section 22(1) of the 2004 Act. b The document is adopted under section 23(2) or (3) of that Act (but see paragraph 4 of this Table).
4. A development plan document which identifies the land for potential development is adopted under section 23(2) or (3) of the 2004 Act.	a The document is revoked under section 25 of the 2004 Act. b A policy contained in the document which relates to the development of the land in question is superseded by another policy by virtue of section 38(5) of that Act.
5. A proposal for a neighbourhood development plan which identifies the land for potential development is published by a local planning authority for consultation in accordance with regulations under paragraph 4(1) of Schedule 4B to the 1990 Act as it applies by virtue of section 38A(3) of the 2004 Act.	a The proposal is withdrawn under paragraph 2(1) of Schedule 4B to the 1990 Act (as it applies by virtue of section 38A(3) of the 2004 Act). b The plan is made under section 38A of the 2004 Act (but see paragraph 6 of this Table).
6. A neighbourhood development plan which identifies the land for potential development is made under section 38A of the 2004 Act.	a The plan ceases to have effect. b The plan is revoked under section 61M of the 1990 Act (as it applies by virtue of section 38C(2) of the 2004 Act). c A policy contained in the plan which relates to the development of the land in question is superseded by another policy by virtue of section 38(5) of the 2004 Act.
7. A development plan for the purposes of section 27 or 54 of the 1990 Act, or anything treated as contained in such a plan by virtue of Schedule 8 to the 2004 Act, continues to have effect (by virtue of that Schedule) on the commencement of section 16 of the Growth and Infrastructure Act 2013 and identifies the land for potential development.	The plan ceases to have effect by virtue of paragraph 1 of Schedule 8 to the 2004 Act.
8. A proposed application for an order granting development consent under section 114 of the 2008 Act in relation to the land is first publicised in accordance with section 48 of that Act.	a The period of two years beginning with the day of publication expires. b The application is publicised under section 56(7) of the 2008 Act (but see paragraph 9 of this Table).
9. An application for such an order in relation to the land is first publicised in accordance with section 56(7) of the 2008 Act.	a The application is withdrawn. b In circumstances where the application is refused, all means of challenging the refusal in legal proceedings in the United Kingdom are exhausted and the decision is upheld. c In circumstances where an order granting development consent in relation to the land is made, the period within which the development to which the consent relates must be begun expires without the development having been begun.

Interpretation

In this Schedule—

“the 1990 Act” means the Town and Country Planning Act 1990;
“the 2004 Act” means the Planning and Compulsory Purchase Act 2004;
“the 2008 Act” means the Planning Act 2008.

Notes

1For the purposes of this Schedule, all means of challenging a decision in legal proceedings in the United Kingdom are to be treated as exhausted and the decision is to be treated as upheld if, at any stage in the proceedings, the time normally allowed for the making of an appeal or further appeal or the taking of any other step to challenge the decision expires without the appeal having been made or (as the case may be) the other step having been taken.

2Paragraph 7 of the first column of the Table does not apply in relation to a part of a development plan for the purposes of section 27 or 54 of the 1990 Act which consists of—

a Part 1 of a unitary development plan or alterations to such a Part, or

b a structure plan or alterations to such a plan.

Footnotes

I1
S. 1 partly in force; s. 1(1) in force for specified purposes at Royal Assent, see s. 35(2)
I2
S. 1 in force at 9.5.2013 for specified purposes for E. by S.I. 2013/1124, art. 2
I3
Sch. 1 para. 1 in force at 9.5.2013 for specified purposes for E. by S.I. 2013/1124, art. 2
I4
Sch. 1 para. 2 in force at 9.5.2013 for specified purposes for E. by S.I. 2013/1124, art. 2
I5
Sch. 1 para. 3 in force at 9.5.2013 for specified purposes for E. by S.I. 2013/1124, art. 2
I6
Sch. 1 para. 4 in force at 9.5.2013 for specified purposes for E. by S.I. 2013/1124, art. 2
I7
Sch. 1 para. 5 in force at 9.5.2013 for specified purposes for E. by S.I. 2013/1124, art. 2
I8
Sch. 1 para. 6 in force at 9.5.2013 for specified purposes for E. by S.I. 2013/1124, art. 2
I9
Sch. 1 para. 7 in force at 9.5.2013 for specified purposes for E. by S.I. 2013/1124, art. 2
I10
Sch. 1 para. 8 in force at 9.5.2013 for specified purposes for E. by S.I. 2013/1124, art. 2
I11
Sch. 1 para. 9 in force at 9.5.2013 for specified purposes for E. by S.I. 2013/1124, art. 2
I12
Sch. 1 para. 10 in force at 9.5.2013 for specified purposes for E. by S.I. 2013/1124, art. 2
I13
Sch. 1 para. 11 in force at 9.5.2013 for specified purposes for E. by S.I. 2013/1124, art. 2
I14
Sch. 1 para. 12 in force at 9.5.2013 for specified purposes for E. by S.I. 2013/1124, art. 2
I15
S. 8 in force at 25.6.2013 for E. by S.I. 2013/1124, art. 3
I16
S. 22 in force at 25.6.2013 by S.I. 2013/1124, art. 4(a)
I17
S. 23 in force at 25.6.2013 by S.I. 2013/1124, art. 4(b) (with art. 6)
I18
S. 24 in force at 25.6.2013 by S.I. 2013/1124, art. 4(c) (with art. 7)
I19
S. 27 in force at 25.6.2013 by S.I. 2013/1124, art. 9 (with arts. 10, 11)
I20
S. 2(7) in force at 25.6.2013 by S.I. 2013/1488, art. 3(a)
I21
S. 3 in force at 25.6.2013 by S.I. 2013/1488, art. 3(b)
I22
S. 6 in force at 25.6.2013 by S.I. 2013/1488, art. 3(c)
I23
S. 10 in force at 25.6.2013 by S.I. 2013/1488, art. 3(d)
I24
Sch. 3 para. 1 in force at 25.6.2013 by S.I. 2013/1488, art. 3(d)
I25
Sch. 3 para. 2 in force at 25.6.2013 by S.I. 2013/1488, art. 3(d)
I26
Sch. 3 para. 3 in force at 25.6.2013 by S.I. 2013/1488, art. 3(d)
I27
Sch. 3 para. 4 in force at 25.6.2013 by S.I. 2013/1488, art. 3(d)
I28
Sch. 3 para. 5 in force at 25.6.2013 by S.I. 2013/1488, art. 3(d)
I29
Sch. 3 para. 6 in force at 25.6.2013 by S.I. 2013/1488, art. 3(d)
I30
Sch. 3 para. 7 in force at 25.6.2013 by S.I. 2013/1488, art. 3(d)
I31
Sch. 3 para. 8 in force at 25.6.2013 by S.I. 2013/1488, art. 3(d)
I32
Sch. 3 para. 9 in force at 25.6.2013 by S.I. 2013/1488, art. 3(d)
I33
S. 25(1)-(6) (10) in force at 25.6.2013 in so far as not already in force by S.I. 2013/1488, art. 3(e) (with art. 8)
I34
S. 25(7)-(9) in force at 25.6.2013 by S.I. 2013/1488, art. 3(e) (with art. 8)
I35
S. 13 in force at 25.6.2013 for specified purposes by S.I. 2013/1488, art. 4(a)
I36
S. 15 in force at 25.6.2013 for specified purposes by S.I. 2013/1488, art. 4(b)
I37
S. 25(1)-(6) (10) in force at 25.6.2013 for specified purposes by S.I. 2013/1124, art. 4(d) (with art. 8)
I38
S. 20 in force at 31.7.2013 in relation to E.W. so far as it is not already in force by S.I. 2013/1488, art. 5(a)
I39
S. 21(1)-(3) in force at 31.7.2013 by S.I. 2013/1488, art. 5(b)
I40
S. 31 in force at 1.9.2013 by S.I. 2013/1766, art. 2
I41
S. 13 in force at 1.10.2013 in so far as not already in force by S.I. 2013/1766, art. 3(a) (with art. 4)
I42
S. 15 in force at 1.10.2013 in so far as not already in force by S.I. 2013/1766, art. 3(b)
I43
S. 1 in force at 1.10.2013 for specified purposes by S.I. 2013/2143, art. 2(a)
I44
Sch. 1 para. 1 in force at 1.10.2013 for specified purposes by S.I. 2013/2143, art. 2(a)
I45
Sch. 1 para. 2 in force at 1.10.2013 for specified purposes by S.I. 2013/2143, art. 2(a)
I46
Sch. 1 para. 3 in force at 1.10.2013 for specified purposes by S.I. 2013/2143, art. 2(a)
I47
Sch. 1 para. 4 in force at 1.10.2013 for specified purposes by S.I. 2013/2143, art. 2(a)
I48
Sch. 1 para. 5 in force at 1.10.2013 for specified purposes by S.I. 2013/2143, art. 2(a)
I49
Sch. 1 para. 6 in force at 1.10.2013 for specified purposes by S.I. 2013/2143, art. 2(a)
I50
Sch. 1 para. 7 in force at 1.10.2013 for specified purposes by S.I. 2013/2143, art. 2(a)
I51
Sch. 1 para. 8 in force at 1.10.2013 for specified purposes by S.I. 2013/2143, art. 2(a)
I52
Sch. 1 para. 9 in force at 1.10.2013 for specified purposes by S.I. 2013/2143, art. 2(a)
I53
Sch. 1 para. 10 in force at 1.10.2013 for specified purposes by S.I. 2013/2143, art. 2(a)
I54
Sch. 1 para. 11 in force at 1.10.2013 for specified purposes by S.I. 2013/2143, art. 2(a)
I55
Sch. 1 para. 12 in force at 1.10.2013 for specified purposes by S.I. 2013/2143, art. 2(a)
I56
S. 2(1)-(6) in force at 1.10.2013 by S.I. 2013/2143, art. 2(b)
I57
S. 28 in force at 1.10.2013 by S.I. 2013/2143, art. 2(c)
I58
S. 14 in force at 1.10.2013 by S.I. 2013/1488, art. 6 (with art. 8)
I59
S. 21(4)-(6) in force at 1.12.2013 by S.S.I. 2013/303, art. 2
I60
S. 20 in force at 1.12.2013 in relation to S. so far as it is not already in force by S.I. 2013/1488, art. 7
I61
S. 5 in force at 9.12.2013 by S.I. 2013/2878, art. 2 (with art. 3)
I62
S. 1 in force at 1.10.2014 in so far as not already in force by S.I. 2014/1531, art. 2
I63
Sch. 1 para. 1 in force at 1.10.2014 in so far as not already in force by S.I. 2014/1531, art. 2
I64
Sch. 1 para. 2 in force at 1.10.2014 in so far as not already in force by S.I. 2014/1531, art. 2
I65
Sch. 1 para. 3 in force at 1.10.2014 in so far as not already in force by S.I. 2014/1531, art. 2
I66
Sch. 1 para. 4 in force at 1.10.2014 in so far as not already in force by S.I. 2014/1531, art. 2
I67
Sch. 1 para. 5 in force at 1.10.2014 in so far as not already in force by S.I. 2014/1531, art. 2
I68
Sch. 1 para. 6 in force at 1.10.2014 in so far as not already in force by S.I. 2014/1531, art. 2
I69
Sch. 1 para. 7 in force at 1.10.2014 in so far as not already in force by S.I. 2014/1531, art. 2
I70
Sch. 1 para. 8 in force at 1.10.2014 in so far as not already in force by S.I. 2014/1531, art. 2
I71
Sch. 1 para. 9 in force at 1.10.2014 in so far as not already in force by S.I. 2014/1531, art. 2
I72
Sch. 1 para. 10 in force at 1.10.2014 in so far as not already in force by S.I. 2014/1531, art. 2
I73
Sch. 1 para. 11 in force at 1.10.2014 in so far as not already in force by S.I. 2014/1531, art. 2
I74
Sch. 1 para. 12 in force at 1.10.2014 in so far as not already in force by S.I. 2014/1531, art. 2
F1
S. 7(5) repealed (1.5.2016) by Growth and Infrastructure Act 2013 (c. 27), ss. 7(4), 35(2)
F2
S. 30 omitted (W.) (16.11.2024) by virtue of Local Government Finance (Wales) Act 2024 (asc 6), s. 23(2)(a), Sch. para. 4(2)

Growth and Infrastructure Act 2013

Promoting growth and facilitating provision of infrastructure, and related matters¶

I1I2I43I621 Option to make planning application directly to Secretary of State¶

2 Planning proceedings: costs etc¶

I213 Compulsory purchase inquiries: costs¶

4 Permitted development rights: prior approvals¶

I615 Local development orders: repeal of pre-adoption intervention powers¶

I226 Limits on power to require information with planning applications¶

7 Modification or discharge of affordable housing requirements¶

I158 Disposals of land held for planning purposes¶

9 Electronic communications code: the need to promote growth¶

I2310 Periodic review of mineral planning permissions¶

11 Stopping up and diversion of highways¶

12 Stopping up and diversion of public paths¶

I35I4113 Declarations negativing intention to dedicate way as highway¶

I5814 Registration of town or village green: reduction of section 15(3)(c) period¶

I36I4215 Registration of town or village green: statement by owner¶

16 Restrictions on right to register land as town or village green¶

17 Applications to amend registers: modification of power to provide for fees¶

Other infrastructure provisions¶

18 Power stations: repeal of requirements to give notice¶

19 Conditions of licences under Gas Act 1986: payments to other licence-holders¶

I38I6020 Variation of consents under Electricity Act 1989¶

21 Consents under Electricity Act 1989: deemed planning permission¶

I1622 Variation and replacement of pre-Planning Act 2008 consents¶

I1723 Removal of Planning Act 2008 consent and certification requirements¶

I1824 Special parliamentary procedure in cases under the Planning Act 2008¶

25 Modifications of special parliamentary procedure in certain cases¶

26 Bringing business and commercial projects within Planning Act 2008 regime¶

I1927 Authorisation of road user charging under Planning Act 2008¶

I5728 Delegation of planning functions by Mayor of London¶

Economic measures¶

29 Postponement of compilation of English rating lists to 2017¶

F230 Power to postpone compilation of Welsh rating lists¶

I4031 Employee shareholders¶

General provisions¶

32 Orders¶

33 Consequential amendments¶

34 Financial provisions¶

35 Commencement¶

36 Short title and extent¶

SCHEDULES

SCHEDULE 1 ¶

Planning applications made to Secretary of State: further amendments

Town and Country Planning Act 1990 (c. 8)¶

Planning and Compulsory Purchase Act 2004 (c. 5)¶

SCHEDULE 2 ¶

Modification or discharge of affordable housing requirements: related amendments

SCHEDULE 3 ¶

Periodic review of mineral planning permissions

SCHEDULE 4 ¶

New Schedule 1A to the Commons Act 2006

Footnotes

^I1^I2^I43^I621 Option to make planning application directly to Secretary of State¶

^I213 Compulsory purchase inquiries: costs¶

^I615 Local development orders: repeal of pre-adoption intervention powers¶

^I226 Limits on power to require information with planning applications¶

^I158 Disposals of land held for planning purposes¶

^I2310 Periodic review of mineral planning permissions¶

^I35^I4113 Declarations negativing intention to dedicate way as highway¶

^I5814 Registration of town or village green: reduction of section 15(3)(c) period¶

^I36^I4215 Registration of town or village green: statement by owner¶

^I38^I6020 Variation of consents under Electricity Act 1989¶

^I1622 Variation and replacement of pre-Planning Act 2008 consents¶

^I1723 Removal of Planning Act 2008 consent and certification requirements¶

^I1824 Special parliamentary procedure in cases under the Planning Act 2008¶

^I1927 Authorisation of road user charging under Planning Act 2008¶

^I5728 Delegation of planning functions by Mayor of London¶

^F230 Power to postpone compilation of Welsh rating lists¶

^I4031 Employee shareholders¶