Legalize / United Kingdom / Public General Act

Planning Act 2008

Type Public General Act

Publication 2008-11-26

Last updated 2026-03-11

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(ab) to have regard, to the extent and in the manner specified by the regulations, to other actual and expected sources of funding for anything other than infrastructure that is concerned with addressing demands that development places on an area;

(b) to have regard, to the extent and in the manner specified by the regulations, to values used or documents produced for other statutory purposes;

(c) to integrate the process, to the extent and in the manner specified by the regulations, with processes undertaken for other statutory purposes;

(d) to produce charging schedules having effect in relation to specified periods (subject to revision).

(5) The regulations may permit or require charging schedules to adopt specified methods of calculation.

(6) In particular, the regulations may—

(a) permit or require charging schedules to operate by reference to descriptions or purposes of development;

(b) permit or require charging schedules to operate by reference to any measurement of the amount or nature of development (whether by reference to measurements of floor space, to numbers or intended uses of buildings, to numbers or intended uses of units within buildings, to allocation of space within buildings or units, to values or expected values or in any other way);

(c) permit or require charging schedules to operate by reference to the nature or existing use of the place where development is undertaken;

(d) permit or require charging schedules to operate by reference to an index used for determining a rate of inflation;

(e) permit or require charging schedules to operate by reference to values used or documents produced for other statutory purposes;

(f) provide, or permit or require provision, for differential rates, which may include provision for supplementary charges, a nil rate, increased rates or reductions.

(7) A charging authority may consult, or take other steps, in connection with the preparation of a charging schedule (subject to CIL regulations).

(7A) A charging authority must use appropriate available evidence to inform the charging authority's preparation of a charging schedule.

(7B) CIL regulations may make provision about the application of subsection (7A) including, in particular—

(a) provision as to evidence that is to be taken to be appropriate,

(b) provision as to evidence that is to be taken to be not appropriate,

(d) provision as to evidence that is to be taken to be not available,

(e) provision as to how evidence is, and as to how evidence is not, to be used,

(f) provision as to evidence that is, and as to evidence that is not, to be used,

(g) provision as to evidence that may, and as to evidence that need not, be used, and

(h) provision as to how the use of evidence is to inform the preparation of a charging schedule.

(8) The regulations may require a charging authority to provide in specified circumstances an estimate of the amount of CIL chargeable in respect of development of land.

(9) A charging authority may revise a charging schedule.

(10) Except where subsection (11) applies, this section and sections 212 , 213 and 214(1) and (2) apply to the revision of a charging schedule as they apply to the preparation of a charging schedule. to 213 and 214(1) and (2) apply in relation to a revision of a charging schedule as they apply in relation to a charging schedule.

(11) Where the only provision made by a charging schedule or a revision of a charging schedule is provision for the purpose of determining the amount of CIL chargeable in respect of street vote development—

(a) sections 212 to 213 and 214(1) and (2) do not apply in relation to the charging schedule or the revision of the charging schedule, and

(b) CIL regulations may make provision about procedural requirements that must be met before the charging schedule or revision may take effect.

(12) “Street vote development” means development of land for which planning permission is granted by a street vote development order made under section 61QA of TCPA 1990.

Charging schedule: examination

212

(1) Before approving a charging schedule a charging authority must appoint a person (“the examiner”) to examine a draft.

(2) The charging authority must appoint someone who, in the opinion of the authority—

(a) is independent of the charging authority, and

(b) has appropriate qualifications and experience.

(3) The charging authority may, with the agreement of the examiner, appoint persons to assist the examiner.

(4) In this section and sections 212A and 213 “ the drafting requirements ” means the requirements of this Part and CIL regulations (including the requirements to have regard to the matters listed in section 211(2) and (4)), so far as relevant to the drafting of the schedule.

(7) The examiner must consider whether the drafting requirements have been complied with and—

(a) make recommendations in accordance with section 212A, and

(b) give reasons for the recommendations.

(8) The charging authority must publish the recommendations and reasons.

(9) CIL regulations must require a charging authority to allow anyone who makes representations about a draft charging schedule to be heard by the examiner; and the regulations may make provision about timing and procedure.

(10) CIL regulations may make provision for examiners to reconsider their decisions with a view to correcting errors (before or after the approval of a charging schedule).

(11) The charging authority may withdraw a draft.

(12) For exceptions to this section see section 211(11).

Charging schedule: approval

213

(1) A charging authority may approve a charging schedule only if—

(a) the examiner makes recommendations under section 212A(4) or (5), and

(b) the charging authority has had regard to those recommendations and the examiner's reasons for them.

(1A) Accordingly, a charging authority may not approve a charging schedule if, under section 212A(2), the examiner recommends rejection.

(1B) If the examiner makes recommendations under section 212A(4), the charging authority may approve the charging schedule only if it does so with modifications that are sufficient and necessary to remedy the non-compliance specified under section 212A(4)(a) (although those modifications need not be the ones recommended under section 212A(4)(b)).

(1C) If a charging authority approves a charging schedule, it may do so with all or none, or some one or more, of the modifications (if any) recommended under section 212A(6) or (7).

(1D) The modifications with which a charging schedule may be approved include only—

(a) modifications required by subsection (1B), and

(b) modifications allowed by subsection (1C).

(2) A charging authority (other than the Mayor of London) must approve a charging schedule—

(a) at a meeting of the authority, and

(b) by a majority of votes of members present.

(3) The Mayor of London must approve a charging schedule personally.

(3A) Subsection (3B) applies if—

(a) the examiner makes recommendations under section 212A(4), and

(b) the charging schedule is approved by the charging authority.

(3B) The charging authority must publish a report setting out how the charging schedule as approved remedies the non-compliance specified under section 212A(4)(a).

(3C) CIL regulations may make provision about the form or contents of a report under subsection (3B).

(4) CIL regulations may make provision for the correction of errors in a charging schedule after approval.

(5) In this section “ examiner ” means examiner under section 212.

(6) For exceptions to this section see section 211(11).

Charging schedule: effect

214

(1) A charging schedule approved under section 213 may not take effect before it is published by the charging authority.

(2) CIL regulations may make provision about publication of a charging schedule after approval.

(3) A charging authority may determine that a charging schedule is to cease to have effect.

(4) CIL regulations may provide that a charging authority may only make a determination under subsection (3) in circumstances specified by the regulations.

(5) A charging authority (other than the Mayor of London) must make a determination under subsection (3)—

(a) at a meeting of the authority, and

(b) by a majority of votes of members present.

(6) The Mayor of London must make a determination under subsection (3) personally.

(7) For exceptions to subsections (1) and (2) of this section see section 211(11).

Appeals

215

(1) CIL regulations must provide for a right of appeal on a question of fact in relation to the application of methods for calculating CIL to a person appointed by the Commissioners for Her Majesty's Revenue and Customs.

(2) The regulations must require that the person appointed under subsection (1) is—

(a) a valuation officer appointed under section 61 of the Local Government Finance Act 1988 (c. 41), or

(b) a district valuer within the meaning of section 622 of the Housing Act 1985 (c. 68).

(3) Regulations under this section or section 208(5)(d)(ii) may, in particular, make provision about—

(a) the period within which the right of appeal may be exercised,

(b) the procedure on an appeal, and

(4) In any proceedings for judicial review of a decision on an appeal, the defendant shall be the Commissioners for Her Majesty's Revenue and Customs and not the person appointed under subsection (1).

Application

216

(1) Subject to sections 216A(1), 216B(2) and 219(5), CIL regulations must require the authority that charges CIL to apply it, or cause it to be applied, to supporting development by funding the provision, improvement, replacement, operation or maintenance of infrastructure.

(2) In this section (except subsection (3)) and sections 216A(2) and 216B(2) “infrastructure” includes—

(a) roads and other transport facilities,

(b) flood defences,

(d) medical facilities,

(e) sporting and recreational facilities,and

(f) open spaces.

(fa) where the CIL is chargeable in respect of street vote development, affordable housing.

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The regulations may amend subsection (2) so as to—

(a) add, remove or vary an entry in the list of matters included within the meaning of “infrastructure”;

(b) list matters excluded from the meaning of “infrastructure”.

(4) The regulations may specify—

(a) works, installations and other facilities whose provision, improvement or replacement may or is to be, or may not be, funded by CIL,

(aa) maintenance activities and operational activities (including operational activities of a promotional kind) in connection with infrastructure that may or are to be, or may not be, funded by CIL,

(ab) things within section 216A(2)(b) that may or are to be, or may not be, funded by CIL passed to a person in discharge of a duty under section 216A(1),

(ac) things within section 216B(2)(b) that may or are to be, or may not be, funded by CIL to which provision under section 216B(2) relates,

(b) criteria for determining the areas that may benefit from funding by CIL in respect of land, and

(5) The regulations may—

(a) require charging authorities to prepare and publish a list of what is to be, or may be, wholly or partly funded by CIL;

(b) include provision about the procedure to be followed in preparing a list (which may include provision for consultation, for the appointment of an independent person or a combination);

(c) include provision about the circumstances in which a charging authority may and may not apply CIL toanything not included on the list.

(6) In making provision about funding the regulations may, in particular—

(a) permit CIL to be used to reimburse expenditure already incurred;

(b) permit CIL to be reserved for expenditure that may be incurred in the future;

(c) permit CIL to be applied (either generally or subject to limits set by or determined in accordance with the regulations) to administrative expenses in connection with infrastructureor anything within section 216A(2)(b) or 216B(2)(b) or in connection with CIL;

(d) include provision for the giving of loans, guarantees or indemnities;

(e) make provision about the application of CIL where anything to which it was to be applied no longerrequires funding.

(7) The regulations may—

(a) require a charging authority to account separately, and in accordance with the regulations, for CIL received or due;

(b) require a charging authority to monitor the use made and to be made of CIL in its area;

(d) permit a charging authority to cause money to be applied in respect of things done outside its area;

(e) permit a charging authority or other body to spend money;

(f) permit a charging authority to pass money to another body (and in paragraphs (a) to (e) a reference to a charging authority includes a reference to a body to which a charging authority passes money in reliance on this paragraph).

(8) In this section—

“affordable housing” means—social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, andany other description of housing that CIL regulations may specify;

“street vote development” has the meaning given by section 211(12).

Collection

217

(1) CIL regulations must include provision about the collection of CIL.

(2) The regulations may make provision for payment—

(a) on account;

(b) by instalments.

(3) The regulations may make provision about repayment (with or without interest) in cases of overpayment.

(4) The regulations may make provision about payment in forms other than money (such as making land available, carrying out works or providing services).

(5) The regulations may permit or require a charging authority or other public authority to collect CIL charged by another authority; and section 216(7)(a) and (c) apply to a collecting authority in respect of collection as to a charging authority.

(6) Regulations under this section may replicate or apply (with or without modifications) any enactment relating to the collection of a tax.

(7) Regulations under this section may make provision about the source of payments in respect of Crown interests.

Enforcement

218

(1) CIL regulations must include provision about enforcement of CIL.

(2) The regulations must make provision about the consequences of late payment and failure to pay.

(3) The regulations may make provision about the consequences of failure to assume liability, to give a notice or to comply with another procedure under CIL regulations in connection with CIL.

(4) The regulations may, in particular, include provision—

(a) for the payment of interest;

(b) for the imposition of a penalty or surcharge;

(d) enabling an authority to prohibit development pending assumption of liability for CIL or pending payment of CIL;

(e) conferring a power of entry onto land;

(f) requiring the provision of information;

(g) creating a criminal offence (including, in particular, offences relating to evasion or attempted evasion or to the provision of false or misleading information or failure to provide information, and offences relating to the prevention or investigation of other offences created by the regulations);

(h) conferring power to prosecute an offence;

(i) for enforcement of sums owed (whether by action on a debt, by distraint against goods or in any other way);

(j) conferring jurisdiction on a court to grant injunctive or other relief to enforce a provision of the regulations (including a provision included in reliance on this section);

(k) for enforcement in the case of death or insolvency of a person liable for CIL.

(5) CIL regulations may include provision (whether or not in the context of late payment or failure to pay) about registration or notification of actual or potential liability to CIL; and the regulations may include provision—

(a) for the creation of local land charges;

(b) for the registration of local land charges;

(i) against successive owners, and

(ii) by way of sale or other disposal with consent of a court);

(d) for making entries in statutory registers;

(e) for the cancellation of charges and entries.

(6) Regulations under this section may—

(a) replicate or apply (with or without modifications) any enactment relating to the enforcement of a tax;

(b) provide for appeals.

(7) Regulations under this section may provide that any interest, penalty or surcharge payable by virtue of the regulations is to be treated for the purposes of sections 216 to 220 as if it were CIL.

(8) The regulations providing for a surcharge or penalty must ensure that no surcharge or penalty in respect of an amount of CIL exceeds the higher of—

(a) 30% of that amount, and

(b) £20,000.

(9) But the regulations may provide for more than one surcharge or penalty to be imposed in relation to a CIL charge.

(10) The regulations may not authorise entry to a private dwelling without a warrant issued by a justice of the peace.

(11) Regulations under this section creating a criminal offence may not provide for—

(a) imprisonment for a term exceeding the maximum term for summary offences, on summary conviction for an offence triable summarily only,

(b) imprisonment for a term exceeding the general limit in a magistrates’ court, on summary conviction for an offence triable either way, or

(12) In subsection (11)(a), “the maximum term for summary offences” means—

(a) in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;

(b) in relation to an offence committed after that time, 51 weeks.

(13) In this Part a reference to administrative expenses in connection with CIL includes a reference to enforcement expenses.

Compensation

219

(1) CIL regulations may require a charging authority or other public authority to pay compensation in respect of loss or damage suffered as a result of enforcement action.

(2) In this section, “enforcement action” means action taken under regulations under section 218, including—

(a) the suspension or cancellation of a decision relating to planning permission, and

(b) the prohibition of development pending assumption of liability for CIL or pending payment of CIL.

(3) The regulations shall not require payment of compensation—

(a) to a person who has failed to satisfy a liability to pay CIL, or

(b) in other circumstances specified by the regulations.

(4) Regulations under this section may make provision about—

(a) the time and manner in which a claim for compensation is to be made, and

(b) the sums, or the method of determining the sums, payable by way of compensation.

(5) CIL regulations may permit or require a charging authority to apply CIL (either generally or subject to limits set by or determined in accordance with the regulations) for expenditure incurred under this section.

(6) A dispute about compensation may be referred to and determined by the Upper Tribunal.

(7) In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 (c. 33) apply subject to any necessary modifications and to the provisions of CIL regulations.

Community Infrastructure Levy: procedure

220

(1) CIL regulations may include provision about procedures to be followed in connection with CIL.

(2) In particular, the regulations may make provision about—

(a) procedures to be followed by a charging authority proposing to begin charging CIL;

(b) procedures to be followed by a charging authority in relation to charging CIL;

(d) consultation;

(e) the publication or other treatment of reports;

(f) timing and methods of publication;

(g) making documents available for inspection;

(h) providing copies of documents (with or without charge);

(i) the form and content of documents;

(j) giving notice;

(k) serving notices or other documents;

(l) examinations to be held in public in the course of setting or revising rates or other criteria or of preparing lists;

(m) the terms and conditions of appointment of independent persons;

(n) remuneration and expenses of independent persons (which may be required to be paid by the Secretary of State or by a charging authority);

(o) other costs in connection with examinations;

(p) reimbursement of expenditure incurred by the Secretary of State (including provision for enforcement);

(q) apportionment of costs;

(r) combining procedures in connection with CIL with procedures for another purpose of a charging authority (including a purpose of that authority in another capacity);

(s) procedures to be followed in connection with actual or potential liability for CIL.

(3) CIL regulations may make provision about the procedure to be followed in respect of an exemption from CIL or a reduction of CIL; in particular, the regulations may include provision—

(a) about the procedure for determining whether any conditions are satisfied;

(b) requiring a charging authority or other person to notify specified persons of any exemption or reduction;

(4) A provision of this Part conferring express power to make procedural provision in a specified context includes, in particular, power to make provision about the matters specified in subsection (2).

(5) A power in this Part to make provision about publishing something includes a power to make provision about making it available for inspection.

(6) Sections 229 to 231 do not apply to this Part (but CIL regulations may make similar provision).

Secretary of State

221

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

Regulations and orders: general

222

(1) CIL regulations—

(a) may make provision that applies generally or only to specified cases, circumstances or areas,

(b) may make different provision for different cases, circumstances or areas,

(d) may confer, or allow a charging schedule to confer, a discretionary power on the Secretary of State, a local authority or another specified person,

(e) may apply an enactment, with or without modifications, and

(f) may include provision of a kind permitted by section 232(3)(b) (and incidental, supplemental or consequential provision may include provision disapplying, modifying the effect of or amending an enactment).

(2) CIL regulations—

(a) shall be made by statutory instrument, and

(b) shall not be made unless a draft has been laid before and approved by resolution of the House of Commons.

(3) An order under section 218(12) or 225(2)—

(a) shall be made by statutory instrument, and

(b) may include provision of a kind permitted by subsection (1)(a), (b) or (f) above, but may not amend an Act of Parliament in reliance on subsection (1)(f).

(4) An order under section 218(12) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) An order under section 225(2) shall be subject to annulment in pursuance of a resolution of the House of Commons.

Relationship with other powers

223

(1) CIL regulations may include provision about how the following powers are to be used, or are not to be used—

(a) section 106 of TCPA 1990 (planning obligations), and

(b) section 278 of the Highways Act 1980 (c. 66) (execution of works).

(2) CIL regulations may include provision about the exercise of any other power relating to planning or development.

(3) The Secretary of State may give guidance to a charging or other authority about how a power relating to planning or development is to be exercised; and authorities must have regard to the guidance.

(4) Provision may be made under subsection (1) or (2), and guidance may be given under subsection (3), only if the Secretary of State thinks it necessary or expedient for—

(a) complementing the main purpose of CIL regulations,

(b) enhancing the effectiveness, or increasing the use, of CIL regulations,

(c) preventing agreements, undertakings or other transactions from being used to undermine or circumvent CIL regulations,

(d) preventing agreements, undertakings or other transactions from being used to achieve a purpose that the Secretary of State thinks would better be achieved through the application of CIL regulations, or

(e) preventing or restricting the imposition of burdens, the making of agreements or the giving of undertakings, in addition to CIL.

(5) CIL regulations may provide that a power to give guidance or directions may not be exercised—

(a) in relation to matters specified in the regulations,

(b) in cases or circumstances specified in the regulations,

(d) to an extent specified in the regulations.

Community Infrastructure Levy: amendments

224

(1) In section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities) after subsection (6) insert—

(6A) Community Infrastructure Levy under Part 11 of the Planning Act 2008 is not a rate for the purposes of subsection (6).

(2) In section 9 of the Norfolk and Suffolk Broads Act 1988 (c. 4) (the Navigation Committee)—

(a) in subsection (8), after “Subject” insert “ to subsection (8A) and ”;

(b) after subsection (8) insert—

(8A) Subsection (8) does not apply in relation to functions under Part 11 of the Planning Act 2008 (Community Infrastructure Levy).

(3) In section 71(3) of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out: functions of local authorities) omit the word “and” at the end of paragraph (g) and after paragraph (h) insert

; and (i) sections 217 and 218 of the Planning Act 2008 (Community Infrastructure Levy: collection and enforcement).

(4) In section 38 of the Greater London Authority Act 1999 (c. 29) (delegation), after subsection (2) insert—

(2A) In relation to functions exercisable by the Mayor under Part 11 of the Planning Act 2008 (Community Infrastructure Levy) subsection (2) has effect with the omission of paragraphs (c) to (f).

Community Infrastructure Levy: repeals

225

(1) The following provisions of PCPA 2004 shall cease to have effect—

(a) sections 46 to 48 (planning contribution), and

(b) paragraph 5 of Schedule 6 (repeal of sections 106 to 106B of TCPA 1990 (planning obligations)).

(2) The Treasury may by order repeal the Planning-gain Supplement (Preparations) Act 2007 (c. 2).

Part 12 — Final provisions

The Crown and Parliament

The Crown

226

(1) This Act binds the Crown, subject to subsections (2) and (3).

(2) Sections 40, 54, 135, 166, 228 and 231 make special provision in relation to the application of some provisions of this Act to the Crown.

(3) The amendments made by this Act bind the Crown only to the extent that the provisions amended bind the Crown.

“Crown land” and “the appropriate Crown authority”

227

(1) In this Act, “Crown land” and “the appropriate Crown authority” must be read in accordance with this section.

(2) “Crown land” is land in which there is a Crown interest or a Duchy interest.

(3) For the purposes of this section, a Crown interest is any of the following—

(a) an interest belonging to Her Majesty in right of the Crown or in right of Her private estates;

(b) an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department;

(c) an interest belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty for the purposes of the Scottish Administration by such an office-holder;

(d) the interest of the Speaker of the House of Lords in those parts of the Palace of Westminster and its precincts occupied on 23 March 1965 by or on behalf of the House of Lords;

(e) the interest of the Speaker of the House of Commons in those parts of the Palace of Westminster and its precincts occupied on 23 March 1965 by or on behalf of the House of Commons;

(f) the interest in any land of—

(i) the Corporate Officer of the House of Lords;

(ii) the Corporate Officer of the House of Commons;

(iii) those two Corporate Officers acting jointly;

(g) such other interest as the Secretary of State specifies by order.

(4) For the purposes of this section, a Duchy interest is—

(a) an interest belonging to Her Majesty in right of the Duchy of Lancaster, or

(b) an interest belonging to the Duchy of Cornwall.

(5) “The appropriate Crown authority” in relation to any land is—

(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;

(b) in relation to any other land belonging to Her Majesty in right of the Crown, the government department or, as the case may be, office-holder in the Scottish Administration, having the management of the land or the relevant person;

(c) in relation to land belonging to Her Majesty in right of Her private estates, a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State;

(d) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(e) in relation to land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy, appoints;

(f) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the department;

(g) in the case of land belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty for the purposes of such an office-holder, the office-holder;

(h) in relation to Westminster Hall and the Chapel of St Mary Undercroft, the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly;

(i) in relation to Her Majesty's Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, the Lord Great Chamberlain.

(j) in relation to land in which there is a Crown interest by virtue of subsection (3)(d) or (f)(i), the Corporate Officer of the House of Lords;

(k) in relation to land in which there is a Crown interest by virtue of subsection (3)(e) or (f)(ii), the Corporate Officer of the House of Commons;

(l) in relation to land in which there is a Crown interest by virtue of subsection (3)(f)(iii), those two Corporate Officers acting jointly.

(5A) In subsection (5), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.

(6) If any question arises as to what authority is the appropriate Crown authority in relation to any land it must be referred to the Treasury, whose decision is final.

(7) References to Her Majesty's private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

(8) References to an office-holder in the Scottish Administration are to be construed in accordance with section 126(7) of the Scotland Act 1998 (c. 46).

Enforcement in relation to the Crown and Parliament

228

(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.

(2) For the purposes of this section “the Crown” includes—

(a) the Duchy of Lancaster;

(b) the Duchy of Cornwall;

(d) the Speaker of the House of Commons;

(e) the Corporate Officer of the House of Lords;

(f) the Corporate Officer of the House of Commons.

Service of notices and other documents

Service of notices: general

229

(1) A notice or other document required or authorised to be served, given or supplied under this Act may be served, given or supplied in any of these ways—

(a) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied,

(b) by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address,

(c) by sending it by post, addressed to that person at that person's usual or last known place of abode or, in a case where an address for service has been given by that person, at that address,

(d) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at that person's usual or last known place of abode or, in a case where an address for service has been given by that person, at that address,

(e) in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in subsection (2), to that person at that address,

(f) in the case of an incorporated company or body—

(i) by delivering it to the secretary or clerk of the company or body at their registered or principal office,

(ii) by sending it by post, addressed to the secretary or clerk of the company or body at that office,

(iii) by sending it in a prepaid registered letter or, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

(2) The condition mentioned in subsection (1)(e) is that the notice or other document must be—

(a) capable of being accessed by the person mentioned in that provision,

(b) legible in all material respects, and

(3) For the purposes of subsection (2), “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

(4) Subsection (1)(c), (e) and (f)(ii) do not apply to the service, giving or supply of any of the following—

(a) notice under section 53(4)(b);

(b) a compulsory acquisition notice under section 134;

(d) an information notice under section 167;

(e) a notice of unauthorised development under section 169.

(5) This section is without prejudice to section 233 of the Local Government Act 1972 (c. 70) (general provisions as to service of notices by local authorities).

(6) This section is subject to any contrary provision made by or under this Act.

Service of documents to persons interested in or occupying premises

230

(1) Subsection (2) applies if—

(a) a notice or document is required or authorised to be served on or given or supplied to any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or

(b) a notice or document is required or authorised to be served on or given or supplied to any person as an occupier of premises.

(2) The notice or document is to be taken to be duly served, given or supplied if either the condition in subsection (3) or the condition in subsection (4) is met.

(3) The condition is that the notice or document—

(a) is addressed to the person either by name or by the description of “the owner” or, as the case may be, “the occupier” of the premises (describing them), and

(b) is delivered or sent—

(i) in the case of a notice mentioned in section 229(4), in the manner specified in section 229(1)(a), (b) or (d), and

(ii) in any other case, in the manner specified in section 229(1)(a), (b), (c) or (d).

(4) The condition is that the notice or document is so addressed and is marked in such a manner as may be prescribed for securing that it is plainly identifiable as an important communication and—

(a) it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or

(b) it is delivered to a person on those premises, or is affixed conspicuously to an object on those premises.

(5) Subsection (6) applies if—

(a) a notice or other document is required to be served on or given or supplied to all persons who have interests in or are occupiers of premises comprised in any land, and

(b) it appears to the authority required or authorised to serve, give or supply the notice or other document that any part of that land is unoccupied.

(6) The notice or other document is to be taken to be duly served on or given or supplied to all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if—

(a) it is addressed to “the owners and any occupiers” of that part of the land (describing it), and

(b) it is affixed conspicuously to an object on the land.

(7) This section is subject to any contrary provision made by or under this Act.

Service of notices on the Crown and Parliament

231

(1) Any notice or other document required under this Act to be served on or given or supplied to the Crown must be served on or given or supplied to the appropriate Crown authority.

(2) Sections 229 and 230 do not apply for the purposes of the service, giving or supply of such a notice or document.

(3) For the purposes of this section “the Crown” includes—

(a) the Duchy of Lancaster;

(b) the Duchy of Cornwall;

(d) the Speaker of the House of Commons;

(e) the Corporate Officer of the House of Lords;

(f) the Corporate Officer of the House of Commons.

General

Orders and regulations

232

(1) Subsections (2) and (3) apply to a power to make an order or regulations conferred on the Secretary of State by this Act, except—

(a) power to make an order granting development consent;

(b) a power conferred by paragraph 1(4) of Schedule 4;

(d) a power conferred by Part 11 or section 237 or 241.

(2) The power is exercisable by statutory instrument.

(3) The power includes—

(a) power to make different provision for different purposes (including different areas);

(b) power to make incidental, consequential, supplementary, transitional or transitory provision or savings.

(4) A statutory instrument containing an order or regulations under this Act is subject to annulment pursuant to a resolution of either House of Parliament.

This is subject to subsection (5) (and section 222(5)).

(5) Subsection (4) does not apply to a statutory instrument containing—

(a) an order granting development consent;

(b) an order made by virtue of paragraph 1(8) of Schedule 4;

(d) an order under section 14(3), 33(5), 111, 160(3), 161(5), 172(1), 203(5) or 227(3)(g);

(e) regulations under section 35(2)(a)(ii), 104(2)(c) or 105(2)(b).

(6) No order may be made under section 14(3), 33(5), 111, 160(3), 161(5), 203(5) or 227(3)(g) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.

(7) No regulations may be made under section 35(2)(a)(ii), 104(2)(c) or 105(2)(b) unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.

Directions

233

(1) A direction given under this Act must be in writing.

(2) A power conferred by this Act to give a direction includes power to vary or revoke the direction.

Abbreviated references to Acts

234

In this Act—

“the Hazardous Substances Act” means the Planning (Hazardous Substances) Act 1990 (c. 10);

“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9);

“PCPA 2004” means the Planning and Compulsory Purchase Act 2004 (c. 5);

“TCPA 1990” means the Town and Country Planning Act 1990 (c. 8).

Interpretation

235

(1) In this Act (except in Part 11)—

“airport” has the meaning given by section 82(1) of the Airports Act 1986 (c. 31);

“alteration”, in relation to an airport, must be read in accordance with section 23(6);

“alteration”, in relation to a highway, includes stopping up the highway or diverting, improving, raising or lowering it;

“appropriate Crown authority” has the meaning given by section 227;

“building” has the meaning given by section 336(1) of TCPA 1990;

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

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

“construction”, in relation to so much of a generating station as comprises or is to comprise renewable energy installations, has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (c. 20) (see section 104 of that Act) (and related expressions must be read accordingly);

“construction”, in relation to a pipe-line, includes placing (and related expressions must be read accordingly);

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

“cross-country pipe-line” has the same meaning as in the Pipe-lines Act 1962 (c. 58) (see section 66 of that Act);

“Crown land” has the meaning given by section 227;

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

“deployable output” means, in relation to a given facility, the annual average volume of water that can be produced per day from that facility under drought conditions, having regard in particular (where applicable) to—the hydrological yield of the facility;the quantity of water licensed for abstraction;the state of the local environment;the properties of any—pumping plant;well;aquifer;raw water main;aqueduct;transfer main;output main;any water treatment processes;any requirements relating to water quality;

“desalination plant” means a facility for the extraction of mineral components from saline water;

“development” has the meaning given by section 32;

“development consent” has the meaning given by section 31;

“drought conditions” means conditions resulting from a shortage of precipitation that has a 0.5% chance of occurring within a 12 month period;

“electric line” has the same meaning as in Part 1 of the Electricity Act 1989 (c. 29) (see section 64(1) of that Act);

“extension”, in relation to a generating station, has the meaning given by section 36(9) of the Electricity Act 1989 (and “extend” must be read accordingly);

“gas” includes natural gas;

“gas reception facility” must be read in accordance with section 19(3);

“gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (c. 44) (see section 7(1) of that Act);

“generating station” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1) of that Act);

“goods” has the meaning given by section 83(1) of the Railways Act 1993 (c. 43);

“Green Belt land” has the meaning given by section 2(1) of the Green Belt (London and Home Counties) Act 1938 (c. xciii);

“harbour” and “harbour authority” have the meanings given by section 57(1) of the Harbours Act 1964 (c. 40);

“highway” has the meaning given by section 328 of the Highways Act 1980 (c. 66);

“highway authority” has the same meaning as in the Highways Act 1980 (c. 66) (see sections 1 to 3 of that Act);

“improvement”, in relation to a highway, has the meaning given by section 329(1) of the Highways Act 1980;

“inland waters” has the same meaning as in the Water Resources Act 1991 (c. 57) (see section 221(1) of that Act);

“land” includes buildings and monuments, and land covered with water, and in relation to Part 7 must be read in accordance with section 159;

“LNG facility” must be read in accordance with section 18(3);

“local planning authority” has the same meaning as in TCPA 1990 (see section 336(1) of that Act);

“monument” has the same meaning as in the Ancient Monuments and Archaeological Areas Act 1979 (c. 46) (see section 61 of that Act);

“nationally significant infrastructure project” has the meaning given by Part 3;

“national policy statement” has the meaning given by section 5(2);

“natural gas” means any gas derived from natural strata (including gas originating outside the United Kingdom);

“navigable watercourse” has the same meaning as in Part 6 of the Highways Act 1980 (see section 111(1) of that Act);

“non-navigable watercourse” means a watercourse that is not a navigable watercourse;

“pipe-line” has the meaning given by section 65 of the Pipe-lines Act 1962 (c. 58);

“planning permission” means permission under Part 3 or, in relation to England, Part 13 of TCPA 1990;

“prescribed” means prescribed by regulations made by the Secretary of State (except in relation to matters authorised or required by this Act to be prescribed in another way);

“rail freight interchange” means a facility for the transfer of goods between railway and road, or between railway and another form of transport;

“railway” has the meaning given by section 67(1) of the Transport and Works Act 1992 (c. 42);

“renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (c. 20) (see section 104 of that Act);

“Renewable Energy Zone” has the meaning given by section 84(4) of the Energy Act 2004;

“special road” means a highway which is a special road in accordance with section 16 of the Highways Act 1980 or by virtue of an order granting development consent;

“standard”, in relation to a volume of gas, means the volume of gas at a pressure of 101.325 kiloPascals and a temperature of 273 Kelvin;

“trunk road” means a highway which is a trunk road by virtue of—section 10(1) or 19 of the Highways Act 1980,an order or direction under section 10 of that Act, oran order granting development consent,or under any other enactment;

“underground gas storage facilities” must be read in accordance with section 17(6);

“use” has the meaning given by section 336(1) of TCPA 1990.

(2) A reference in this Act to a right over land includes a reference to a right to do, or to place and maintain, anything in, on or under land or in the air-space above its surface.

(3) Subsection (4) applies to the question of which parts of waters up to the seaward limits of the territorial sea—

(a) are adjacent to Wales (and, in consequence, are not adjacent to England), or

(b) are not adjacent to Wales (and, in consequence, are adjacent to England).

(4) The question is to be determined by reference to an order or Order in Council made under or by virtue of section 158(3) or (4) of the Government of Wales Act 2006 (c. 32) (apportionment of sea areas) if, or to the extent that, the order or Order in Council is expressed to apply—

(a) by virtue of this subsection, for the purposes of this Act, or

(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.

(5) Subsection (6) applies to the question of which parts of waters up to the seaward limits of the territorial sea—

(a) are adjacent to Scotland (and, in consequence, are not adjacent to England), or

(b) are not adjacent to Scotland (and, in consequence, are adjacent to England).

(6) The question is to be determined by reference to an Order in Council made under section 126(2) of the Scotland Act 1998 (c. 46) if, or to the extent that, the Order in Council is expressed to apply—

(a) by virtue of this subsection, for the purposes of this Act, or

(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.

Application of Act to Scotland: modifications

236

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

Supplementary and consequential provision

237

(1) The Secretary of State may by order made by statutory instrument make—

(a) such supplementary, incidental or consequential provision, or

(b) such transitory, transitional or saving provision,

as the Secretary of State thinks appropriate for the general purposes, or any particular purpose, of this Act or in consequence of, or for giving full effect to, any provision made by this Act.

(2) The power conferred by subsection (1) includes power to make different provision for different purposes (including different areas).

(3) An order under subsection (1) may amend, repeal, revoke or otherwise modify—

(a) an Act passed on or before the last day of the Session in which this Act is passed, or

(b) an instrument made under an Act before the passing of this Act.

(4) An order under this section which amends or repeals any provision of an Act may not be made unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.

(5) A statutory instrument containing an order under this section which does not amend or repeal any provision of an Act is subject to annulment pursuant to a resolution of either House of Parliament.

(6) In this section any reference to an Act (other than this Act) includes a reference to an Act of the Scottish Parliament.

Repeals

238

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

Financial provisions

239

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by the Secretary of State, and

(b) any increase attributable to this Act in the sums payable under or by virtue of any other Act out of money so provided.

Extent

240

(1) The following provisions of this Act extend to England and Wales only—

(a) in Part 2, section 13;

(b) in Part 3, sections 15 to 20 and 22 to 30A ;

(d) in Part 7, sections 133 and 139 to 149;

(e) in Part 9, sections 193 and 194;

(f) in Part 10, sections 203 and 204;

(g) Part 11.

(2) Section 178 extends to Scotland only.

(3) The following provisions of this Act extend to England and Wales and (subject to subsection (4)) to Scotland—

(a) Parts 1 to 8 (except the sections listed in paragraphs (a) to (d) of subsection (1));

(b) this Part.

(4) Those provisions extend to Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line—

(a) one end of which is in England or Wales, and

(b) the other end of which is in Scotland.

(5) Subsections (3) and (4) are subject to subsection (6).

(6) So far as it amends or repeals an enactment, this Act has the same extent as the enactment amended or repealed.

(7) An order under section 225(2) extends to each part of the United Kingdom.

Commencement

241

(1) The following provisions of this Act come into force on the day on which this Act is passed—

(a) the provisions of Parts 1 to 9 (except section 194(2) to (5) and paragraph 7 of Schedule 7) which—

(i) confer power to make orders (other than orders granting, or making changes to orders granting, development consent), regulations or rules, or

(ii) make provision about what is (or is not) permitted to be done, or what is required to be done, in the exercise of any such power;

(b) Part 11, except sections 206, 211(7), 224 and 225;

(2) Nothing in subsection (1)(a) affects the operation of section 13 of the Interpretation Act 1978 (c. 30) in relation to this Act.

(3) Except as provided by subsection (1)(a), the provisions listed in subsection (4) come into force on such day as may be appointed by order made by—

(a) the Welsh Ministers, in relation to Wales;

(b) the Secretary of State, in relation to England.

(4) The provisions are—

(a) sections 183, 185, 187, 188, 191(1) and (3), 192, 193 and 197 to 200;

(b) paragraphs 1, 2(1) and (2), 3(1), (2) and (4) and 4 to 6 of Schedule 7;

(d) the repeals in—

(i) TCPA 1990 (except those in Schedules 1 and 1A to that Act);

(ii) the Environmental Protection Act 1990 (c. 43);

(iii) the Planning and Compensation Act 1991 (c. 34);

(iv) sections 42(3) and 53 of PCPA 2004.

(5) The repeal in Schedule 1A to TCPA 1990 comes into force on such day as the Welsh Ministers may by order appoint.

(6) Sections 194(2) to (5), 201, 202, 203 and 225 (together with related entries in Schedule 13), and paragraph 7 of Schedule 7, come into force at the end of two months beginning with the day on which this Act is passed.

(7) Section 204 comes into force in accordance with subsection (5) of that section.

(8) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.

(9) The powers conferred by this section are exercisable by statutory instrument.

(10) An order under this section may—

(a) appoint different days for different purposes (including different areas);

(b) contain transitional, transitory or saving provision in connection with the coming into force of this Act.

Short title

242

This Act may be cited as the Planning Act 2008.

SCHEDULE 1

Membership, chair and deputies

1

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

Terms of appointment

2

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Tenure

3

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4

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

Remuneration etc. of Commissioners

5

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Council

6

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7

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8

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9

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10

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Chief executive and staff

11

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12

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13

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Arrangements for assistance

14

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Delegation

15

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16

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Reports

17

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18

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Funding

19

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Accounts

20

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Status

21

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Validity of proceedings

22

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Application of seal and proof of instruments

23

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Parliamentary Commissioner

24

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Disqualification

25

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Public records

26

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Freedom of information

27

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SCHEDULE 2

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

1

The Green Belt (London and Home Counties) Act 1938 is amended as follows.

2

In section 10 (restriction on erection of buildings) after subsection (1) insert—

(1A) Subsection (1) of this section is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required).

3

In section 11 (saving for lines, pipes, sewers etc.) after subsection (1) insert—

(1A) The proviso to subsection (1) of this section is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required).

4

In section 12 (erection of buildings for certain statutory purposes) after subsection (1) insert—

(1A) Subsection (1) of this section is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required).

Pipe-lines Act 1962 (c. 58)

5

The Pipe-lines Act 1962 is amended as follows.

6

(1) Section 1 (cross-country pipe-lines not to be constructed without authorisation) is amended as follows.

(2) After subsection (1) insert—

(1ZA) Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required).

(3) In subsection (1A)(b) for “pipe-line which is the subject of a pipe-line construction authorisation” substitute “ nationally significant pipe-line ”.

(4) After subsection (1A) insert—

(1B) For the purposes of subsection (1A), a pipe-line is a nationally significant pipe-line if— (a) its construction has been authorised by a pipe-line construction authorisation, or (b) development consent under the Planning Act 2008 is required for its construction by virtue of section 14(1)(g) of that Act, and has been granted.

7

In section 66(1) (general interpretation provisions) in the definition of “diversion”—

(a) after paragraph (a) insert—

(aa) if no such authorisation is required, beyond the limits of lateral diversion permitted by development consent under the Planning Act 2008 relating to that pipe-line, or

;

(b) in paragraph (b) after “no such authorisation” insert “ or consent ”.

Harbours Act 1964 (c. 40)

8

The Harbours Act 1964 is amended as follows.

9

In section 14 (harbour revision orders) after subsection (1) insert—

(1A) Subsection (1) is subject to— (a) section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development); (b) section 120(9) of that Act (exclusion of power to include ancillary provision in orders).

10

In section 16 (harbour empowerment orders) after subsection (3) insert—

(3A) Subsections (1) to (3) are subject to— (a) section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development); (b) section 120(9) of that Act (exclusion of power to include ancillary provision in orders).

Gas Act 1965 (c. 36)

11

The Gas Act 1965 is amended as follows.

12

In section 4 (storage authorisation orders) after subsection (2) insert—

(2A) So far as relating to development within section 17(2), (3) or (5) of the Planning Act 2008— (a) subsection (1) is subject to section 33(2) of that Act (exclusion of powers to authorise development for which development consent required), and (b) subsection (2) is subject to section 33(1) of that Act (exclusion of requirement for other consents for development for which development consent required). (2B) So far as relating to the use of strata for the storage of gas, subsections (1) and (2) are subject to section 120(9) of the Planning Act 2008 (exclusion of power to include ancillary provision in orders).

13

In section 5 (control of mining and other operations in gas storage area and protective area) after subsection (2) insert—

(2A) Subsection (2) does not apply so far as the controlled operations are authorised by an order granting development consent under the Planning Act 2008.

14

(1) Section 6 (controlled operations: carrying out of works to remedy a default) is amended as follows.

(2) In subsection (1)—

(a) for “without the consent of the Minister” substitute “ in breach of section 5(2) ”,

(b) for “failure to comply with any conditions subject to which the Minister's consent to the carrying out of any controlled operations has been granted” substitute “ relevant failure to comply ”, and

(3) In subsection (5) for the words from “failed” to the end substitute “ was responsible for the relevant failure to comply. ”

(4) After subsection (8) insert—

(9) In this section “relevant failure to comply” means— (a) in a case where the Minister's consent to the carrying out of controlled operations has been obtained under section 5, a failure to comply with any conditions subject to which the Minister's consent was granted; (b) in a case where the carrying out of controlled operations has been authorised by an order granting development consent under the Planning Act 2008, a breach of the terms of the order or other failure to comply with the terms of the order.

Energy Act 1976 (c. 76)

15

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

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

16

The Ancient Monuments and Archaeological Areas Act 1979 is amended as follows.

17

In section 2(1) (offence of executing works affecting scheduled monuments without authorisation) after “authorised under this Part of this Act” insert “ or by development consent ”.

18

In section 28(2) (offence of damaging ancient monuments: exception for authorised works) after “order under section 3)” insert “ or for which development consent has been granted ”.

19

In section 37 (exemptions from offence under section 35) after subsection (1) insert—

(1A) Section 35 does not apply to the carrying out of any operations for which development consent has been granted.

20

In section 61(1) (interpretation of Act) at the appropriate place insert—

“development consent” means development consent under the Planning Act 2008;

Highways Act 1980 (c. 66)

21

The Highways Act 1980 is amended as follows.

22

In section 10 (general provision as to trunk roads) after subsection (2) insert—

(2A) Subsection (2) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).

23

In section 14 (powers as respects roads that cross or join trunk roads etc.) after subsection (1) insert—

(1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).

24

In section 16 (general provision as to special roads) after subsection (3) insert—

(3A) Subsection (3) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm schemes in relation to highways for which development consent required).

25

In section 18 (supplementary orders relating to special roads) after subsection (1) insert—

(1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).

26

In section 106 (orders and schemes providing for construction of bridges over or tunnels under navigable waters) after subsection (4) insert—

(4A) Subsections (1) and (3) are subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders or schemes in relation to highways for which development consent required).

27

In section 108 (power to divert navigable watercourses) after subsection (1) insert—

(1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).

28

In section 110 (power to divert non-navigable watercourses and to carry out other works) after subsection (1) insert—

(1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).

29

(1) Section 329(1) (further provision as to interpretation of Act) is amended as follows.

(2) In the definition of “special road” after “section 16 above” insert “ or by virtue of an order granting development consent under the Planning Act 2008 ”.

(3) In the definition of “trunk road” after “section 10 above” insert “ or an order granting development consent under the Planning Act 2008, ”.

30

For section 337 (saving for obligation to obtain planning permission) substitute—

(337) Nothing in this Act authorises— (a) the carrying out of any development of land for which permission is required by virtue of section 57 of the Town and Country Planning Act 1990 and which is not authorised by permission granted or deemed to be granted under or for the purposes of Part 3 of that Act; or (b) the carrying out of any development for which development consent is required under the Planning Act 2008 and for which development consent has not been granted under that Act.

Electricity Act 1989 (c. 29)

31

The Electricity Act 1989 is amended as follows.

32

(1) Section 36 (consent for construction etc. of generating stations) is amended as follows.

(2) In subsection (1) after “subsections” insert “ (1A) to ”.

(3) After subsection (1) insert—

(1A) So far as relating to the construction or extension of a generating station, subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required). (1B) So far as relating to the operation of a generating station, subsection (1) does not apply if the operation is authorised by an order granting development consent under the Planning Act 2008.

33

(1) Section 37 (consent for overhead lines) is amended as follows.

(2) In subsection (1) for “subsection (2)” substitute “ subsections (1A) to (2) ”.

(3) After subsection (1) insert—

(1A) So far as relating to the installation of an electric line, subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required). (1B) So far as relating to keeping an electric line installed, subsection (1) does not apply if keeping the line installed is authorised by an order granting development consent under the Planning Act 2008.

Town and Country Planning Act 1990 (c. 8)

34

TCPA 1990 is amended as follows.

35

In section 57 (planning permission required for development) after subsection (1) insert—

(1A) Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for planning permission etc. for development for which development consent required).

36

(1) Section 211 (preservation of trees in conservation areas) is amended as follows.

(2) After subsection (1) insert—

(1A) Subsection (1) does not apply so far as the act in question is authorised by an order granting development consent.

(3) After subsection (5) insert—

(5A) Subsection (5) does not apply so far as the act in question is authorised by an order granting development consent.

37

In section 336(1) (interpretation) at the appropriate place insert—

“development consent” means development consent under the Planning Act 2008;

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

38

The Listed Buildings Act is amended as follows.

39

(1) Section 7 (restriction on works affecting listed buildings) is amended as follows.

(2) At the beginning insert “ (1) ”.

(3) After “authorised” insert “ under section 8 ”.

(4) At the end insert—

(2) Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required).

40

In section 59(3) (offence relating to acts causing or likely to result in damage to listed building: exceptions) after paragraph (b) insert

; or (c) of works for which development consent has been granted under the Planning Act 2008.

41

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

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

42

The Hazardous Substances Act is amended as follows.

43

In section 9(2)(c) (determination of applications for hazardous substances consent: material considerations) after “planning permission” insert “ or development consent ”.

44

In section 10(1) (conditions on grant of hazardous substances consent) after “planning permission” insert “ or development consent ”.

45

(1) Section 12 (deemed hazardous substances consent: government authorisation) is amended as follows.

(2) After subsection (2A) insert—

(2B) On making an order granting development consent in respect of development that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the person making the order may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(3) For subsection (3) substitute—

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