Planning Act 2008

[^key-a5c03df019adf6329de227e6a6f737bb]: 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)

[^key-addd43c22236ee4a896e96b1a6591268]: 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)

[^key-c0dfef6f9cdebf85fb7267fc6911346f]: 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)

[^key-01bdbe08232b7bd7af89fe813e0a24ed]: 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)

[^key-7d16af01b0d2de09a96f80415f3a660b]: 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)

[^key-25f5a881b7d681297b9ec7777177f488]: 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)

[^key-b34f4701a9720c370ceae7b450bb7838]: 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)

[^key-7195b9757f4a57dd096be2333df0fe17]: 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)

[^key-139cbf3f9342121c48e46c4b117a85f3]: 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)

[^key-78e0139ab2f93db7173c0ce6e54cd1e2]: 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)

[^key-a2d5f3f9bf759e382f398045682a474e]: 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)

[^key-299497a717169792b4b81dad1ec8dee2]: 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)

[^key-c4860b9e5ee20d71e40426f2b0e84bcf]: 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)

[^key-5eb2333605b9ab15556d892e26e3c79b]: 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)

[^key-be93e8cf2f4364f7fd2e57d448a50b38]: 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)

[^key-6e3d435bd5b751c3c7b93f0d30cfdc3e]: 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)

[^key-a3f629d5ffff65903f4900c7c6a881e9]: 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)

[^key-5e8da6a5a7e53246ff4416de73445e91]: 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)

[^key-521e38c80a375250ba0c115a4096f551]: 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)

[^key-56dcf5c915257d235072c93508bea457]: 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)

[^key-d2a01d82cfcc281a915726f355a98f94]: 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)

[^key-a0af1d8f44b753c73529a402b244b7d3]: S. 208 excluded (11.3.2026) by The Fenwick Solar Farm Order 2026 (S.I. 2026/151), arts. 1, 6(3) (with Sch. 14)

30A

Deeming 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.

30B

Deeming any such conditions to have been attached to the marine licence by the Secretary of State or the Welsh Ministers under that Part.

237A

• (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).

Charging schedule: examiner's recommendations

Amendments consequential on development consent regime

Duty to publicise

Certifying compliance with section 56

Notice of authorisation of compulsory acquisition

Removal of consent requirements

Right to enter without warrant

Blighted land: England and Wales

Blighted land: England and Wales

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

Planning obligations

Power to make non-material changes to planning permission

Compensation where development order or local development order withdrawn

Compensation where development order or local development order withdrawn

Use of land: power to override easements and other rights

Development plan documents: climate change policies

Joint committees

Amount

Amount

Charging schedule: approval

Charging schedule: effect

Community Infrastructure Levy: repeals

Application of Act to Scotland: modifications

Financial provisions

149A

• (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.

Blighted land: England and Wales

Decisions of Panel and Council

Grants for advice and assistance: Scotland

Grants for advice and assistance: Scotland

212A

• (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).

The Crown

Application of Act to Scotland: modifications

Repeals

The Infrastructure Planning Commission

Model provisions

Categories for the purposes of section 102A

Orders granting development consent: formalities

Blighted land: England and Wales

95A

• (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.

Blighted land: Scotland

Blighted land: Scotland

Grants for advice and assistance: England and Wales

Grants for advice and assistance: Scotland

Blighted land: England and Wales

Blighted land: Scotland

Fees for appeals

The charge

Wales: transitional provision in relation to blighted land

Charging schedule: examination

Fees for appeals

Wales: transitional provision in relation to blighted land

Supplementary and consequential provision

Financial provisions

216A

• (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

• (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.

Community Infrastructure Levy: repeals

Community Infrastructure Levy: repeals

Application of Act to Scotland: modifications

Repeals

Financial provisions

Application of Act to Scotland: modifications

Duty to pass receipts to other persons

The Crown

Application of Act to Scotland: modifications

Repeals

National policy statements

6A

• (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

• (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.

Highways

35A

• (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) .

56A

• (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.

88A

• (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.

102A

• (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

• (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.

Grants for advice and assistance: Scotland

Development plan documents: climate change policies

Development plan documents: climate change policies

Tree preservation orders

The charge

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

Power to make provision in relation to Wales

Charging schedule: effect

Appeals

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

Financial provisions

32A

The 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.

9A

Section 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—

(a) a claim arising by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

; 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.

35ZA

• (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—specifies the development to which it relates, andexplains why the conditions in section 35(2)(a) and (b) are met in relation to the development;

• “relevant authority”—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, andin relation to such an application that a person proposes to make, means the authority to which the person proposes to make the application.

Duty to take account of responses to consultation and publicity

Blighted land: Scotland

Power of High Court to remit unitary development plans in Wales

Validity of orders, decisions and directions

Existing tree preservation orders: transitional provision

Liability

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

Supplementary and consequential provision

Tree preservation orders

Use of land: power to override easements and other rights

Duty to pass receipts to other persons

Duty to pass receipts to other persons

Repeals

30A

• (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).

Charging schedule: examination

Charging schedule: examiner's recommendations

28A

• (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.

Underground gas storage facilities

Charging schedule: examiner's recommendations

Chapter 4 — Fees

54A

• (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.

214A

• (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).

6ZA

• (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.

96B

• (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.

Blighted land: Scotland

Development plan documents: climate change policies

Tree preservation orders

Supplementary and consequential provision