Neighbourhood Planning Act 2017

(403A) (1) This section applies where the Authority and Transport for London agree that the purposes for which they may acquire land compulsorily under— (a) section 333ZA of this Act, and (b) paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980, would be advanced by one or both of them acquiring land for a joint project. (2) The purposes for which the Authority may acquire land compulsorily under section 333ZA(1) are to be read as if they included the purposes for which Transport for London may acquire land compulsorily. (3) The purposes for which Transport for London may acquire land compulsorily under paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980 are to be read as if they included the purposes for which the Authority may acquire land compulsorily. (4) The Authority and Transport for London may agree that one of them is to acquire land on behalf of the other. (5) Where subsection (4) applies, a compulsory acquisition is to proceed under— (a) section 333ZA if it is agreed that the Authority will acquire the land, or (b) paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980 if it is agreed that Transport for London will acquire the land. (6) Subsection (7) applies where— (a) the Authority and Transport for London both propose to acquire land compulsorily for a joint project, and (b) the proposed compulsory acquisitions require authorisation by different confirming authorities. (7) The proposed compulsory acquisitions are to be treated as requiring the joint authorisation of the confirming authorities. (8) The Authority or Transport for London may acquire land by agreement for the same purposes as those for which that body may acquire land compulsorily by virtue of subsection (2) or (3). (9) The joint project mentioned in subsection (1) is to be treated as the scheme for the purposes of the no-scheme principle in section 6A of the Land Compensation Act 1961 (impact of scheme to be disregarded when assessing value of land for compulsory purchase). (403B) (1) This section applies where a Mayoral development corporation and Transport for London agree that the purposes for which they may acquire land compulsorily under— (a) section 207 of the Localism Act 2011, and (b) paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980, would be advanced by one or both of them acquiring land for a joint project. (2) The purposes for which the Mayoral development corporation may acquire land compulsorily under section 207 of the Localism Act 2011 are to be read as if they included the purposes for which Transport for London may acquire land compulsorily. (3) The purposes for which Transport for London may acquire land compulsorily under paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980 are to be read as if they included the purposes for which the Mayoral development corporation may acquire land compulsorily. (4) The Mayoral development corporation and Transport for London may agree that one of them is to acquire land on behalf of the other. (5) Where subsection (4) applies, a compulsory acquisition is to proceed under— (a) section 207 of the Localism Act 2011 if it is agreed that the Mayoral development corporation will acquire the land, or (b) paragraph 19(1) of Schedule 11 to this Act or Part 12 of the Highways Act 1980 if it is agreed that Transport for London will acquire the land. (6) Subsection (7) applies where— (a) the Mayoral development corporation and Transport for London both propose to acquire land compulsorily for a joint project, and (b) the proposed compulsory acquisitions require authorisation by different confirming authorities. (7) The proposed compulsory acquisitions are to be treated as requiring the joint authorisation of the confirming authorities. (8) The Mayoral development corporation or Transport for London may acquire land by agreement for the same purposes as those for which that body may acquire land compulsorily by virtue of subsection (2) or (3). (9) The joint project mentioned in subsection (1) is to be treated as the scheme for the purposes of the no-scheme principle in section 6A of the Land Compensation Act 1961 (impact of scheme to be disregarded when assessing value of land for compulsory purchase).

• (3) In paragraph 20 of Schedule 11 (limitations on Transport for London's power to acquire land compulsorily), after “provided by” insert “ section 403A, 403B or ”.

Overriding easements: land held on behalf of GLA or TfL

37

• (1) The Housing and Planning Act 2016 is amended in accordance with subsections (2) to (4).

• (2) In section 203 (power to override easements and other rights)—

• (a) in the opening words of subsection (2)(b), for “13 July 2016” substitute “ the relevant day ”,

• (b) in subsection (2)(b)(i), after “specified authority” insert “ or a specified company acting on behalf of a specified authority ”,

• (c) in the opening words of subsection (5)(b), for “13 July 2016” substitute “ the relevant day ”, and

• (d) in subsection (5)(b)(i), after “specified authority” insert “ or a specified company acting on behalf of a specified authority ”.

• (3) In section 204 (compensation for overridden easements), for subsection (4) substitute—

(4) The authority against which a liability is enforceable by virtue of subsection (3)(a) is— (a) where the land to which the compensation relates was vested in or acquired by a company through which the Greater London Authority exercises or has exercised functions in relation to housing or regeneration, the Greater London Authority, (b) where the land was vested in or acquired by a company through which Transport for London exercises or has exercised any of its functions, Transport for London, or (c) in all other cases, the specified or qualifying authority in which the land was vested, or by which the land was acquired or appropriated.

• (4) In section 205 (interpretation of sections 203 and 204)—

• (a) in the definition of “other qualifying land”, in the opening words of paragraph (g), after “regeneration,” insert “ or vested in or acquired by a company or body through which the Greater London Authority exercises functions in relation to housing or regeneration, ”,

• (b) in the definition of “qualifying authority”—

• (i) for the words from “authority in” to “or which” substitute “ person in whom the land was vested, or who ”, and

• (ii) at the end insert “ (but, for the purposes of section 203(3)(c) and (6)(c), where that person is a company or body through which the Greater London Authority exercises functions in relation to housing or regeneration, the qualifying authority is the Greater London Authority) ”,

• (c) after the definition of “qualifying authority” insert—

“relevant day” means— (a) in relation to a specified company which is a company or body through which Transport for London exercises any of its functions, 19th July 2017, and (b) in all other cases, 13 July 2016.

, and

• (d) after the definition of “specified authority” insert—

“specified company” means— (a) a company or body through which the Greater London Authority exercises functions in relation to housing or regeneration, or (b) a company or body through which Transport for London exercises any of its functions;

.

• (5) In the Housing and Planning Act 2016 (Commencement No. 2, Transitional Provisions and Savings) Regulations 2016 (S.I. 2016/733), the following regulations are revoked—

• (a) regulation 10 (savings in relation to company through which Greater London Authority exercises functions), and

• (b) regulation 12(3) (substitution of actual date for reference to commencement date).

Timing of advance payments of compensation

38

• (1) The Land Compensation Act 1973 is amended as follows.

• (2) In section 52 (right to advance payment of compensation)—

• (a) in subsection (4)(b)—

• (i) omit the “or” before sub-paragraph (ii), and

• (ii) at the end insert

, or (iii) received any further information required under section 52ZC(2)(b).

, and

• (b) in subsection (4ZA)(b)—

• (i) omit the “or” before sub-paragraph (ii), and

• (ii) at the end insert

, or (iii) received any further information required under section 52ZC(2)(b).

• (3) In section 52ZC (land subject to mortgage: supplementary provisions)—

• (a) in subsection (3A)(b)—

• (i) omit the “or” before sub-paragraph (ii), and

• (ii) at the end insert

, or (iii) received any further information required under section 52(2A)(b).

, and

• (b) in subsection (3B)(b)—

• (i) omit the “or” before sub-paragraph (ii), and

• (ii) at the end insert

, or (iii) received any further information required under section 52(2A)(b).

Interest on advance payments of compensation

39

In section 52A of the Land Compensation Act 1973 (right to interest where advance payment made), in subsection (2B), for “the paid amount” substitute “ the amount in respect of which the authority is required to pay interest under section 52B ”.

Interest on payments to mortgagee paid late

40

• (1) Section 52B of the Land Compensation Act 1973 (interest on advance payments of compensation paid late) is amended as follows.

• (2) In the heading, after “compensation” insert “etc.

• (3) In subsection (1)—

• (a) after “(1B)” insert “ , 52ZA(3) or 52ZB(3) ”,

• (b) after “compensation” insert “ or (as the case may be) a payment to a mortgagee ”, and

• (c) after “interest” insert “ to the claimant ”.

• (4) In subsection (2), after “(4ZA)” insert “ or (as the case may be) section 52ZC(3A) or (3B) ”.

• (5) In subsection (3)—

• (a) for “the amount of the advance payment” substitute “ the total amount which the acquiring authority pays under section 52, 52ZA or 52ZB in respect of the claimant (the “paid amount”) ”, and

• (b) for “by which the advance payment” substitute “ by which the paid amount ”.

Compensation for temporary severance of land after vesting declaration

41

In Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (counter-notice requiring purchase of land not in general vesting declaration), in paragraph 16, after sub-paragraph (3) insert—

(4) If the vesting date for the specified land is after the vesting date for any land proposed to be acquired, the Upper Tribunal's power to award compensation under section 7 of the Compulsory Purchase Act 1965 includes power to award compensation for any loss suffered by the owner by reason of the temporary severance of the land proposed to be acquired from the specified land.

CHAPTER 3 — Consequential provision

Consequential provision

42

• (1) The Secretary of State may by regulations make provision in consequence of any provision of this Part.

• (2) Regulations under subsection (1) may amend, repeal or revoke any enactment.

• (3) In subsection (2) “enactment” includes—

• (a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978, and

• (b) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales.

Part 3 — Final provisions

Financial provisions

43

The following are to be paid out of money provided by Parliament—

• (a) any expenditure incurred under or by virtue of this Act by a Minister of the Crown, a person holding office under Her Majesty or a government department, and

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

Regulations

44

• (1) Regulations under this Act are to be made by statutory instrument.

• (2) A statutory instrument containing (whether alone or with any other provision) any of the following regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

• (a) regulations under section 29(1), (2) or (3) made by the Secretary of State;

• (b) regulations under section 42(1) which amend or repeal a provision of primary legislation.

• (3) A statutory instrument containing (whether alone or with any other provision) regulations under section 29(1) or (3) made by the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

• (4) A statutory instrument containing any of the following regulations and to which subsection (2) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament—

• (a) regulations under section 25(4);

• (b) regulations under section 42(1) which do not amend or repeal a provision of primary legislation.

• (5) Regulations under this Act—

• (a) may make different provision for different purposes or areas;

• (b) may make provision which applies generally or for particular purposes or areas;

• (c) may make transitional, transitory or saving provision;

• (d) may make incidental, supplementary or consequential provision.

• (6) If a draft of regulations under section 29(3) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the Standing Orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

• (7) In this section “primary legislation” means—

• (a) an Act of Parliament, or

• (b) a Measure or Act of the National Assembly for Wales.

Extent

45

• (1) This Act extends to England and Wales only, subject to subsection (2).

• (2) Section 42 and this Part extend to England and Wales, Scotland and Northern Ireland.

Commencement

46

• (1) This Act comes into force on such day as the Secretary of State appoints by regulations, subject to subsection (3).

• (2) Regulations under subsection (1) may appoint different days for different purposes or areas.

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

• (a) section 2, for the purposes only of enabling the Secretary of State to make provision by development order under paragraph 8(6) of Schedule 1 to the Town and Country Planning Act 1990;

• (b) sections 4, 9, 12 and 13 and Schedule 1, to the extent that they confer power on the Secretary of State to make regulations;

• (c) section 15;

• (d) section 17;

• (e) section 42;

• (f) this Part.

• (4) The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

Short title

47

This Act may be cited as the Neighbourhood Planning Act 2017.

SCHEDULE 1

1

This is the new Schedule A2 to the Planning and Compulsory Purchase Act 2004 referred to in section 4—

SCHEDULE A2 (1) (1) This Schedule applies if a neighbourhood development plan has effect for a neighbourhood area within the area of a local planning authority. (2) A qualifying body is entitled to submit a proposal to the local planning authority for the modification of the neighbourhood development plan. (3) The proposal must be accompanied by— (a) a draft of the neighbourhood development plan as proposed to be modified (the “draft plan”), and (b) a statement which contains a summary of the proposals and sets out the reasons why the plan should be modified as proposed. (4) The proposal must— (a) be made in the prescribed form, and (b) be accompanied by other documents and information of a prescribed description. (5) The qualifying body must send to prescribed persons a copy of— (a) the proposal, (b) the draft plan, and (c) such of the other documents and information accompanying the proposal as may be prescribed. (6) The Secretary of State may publish a document setting standards for— (a) the preparation of a draft of a neighbourhood development plan as proposed to be modified and other documents accompanying the proposal, (b) the coverage in any document accompanying the proposal of a matter falling to be dealt with in it, and (c) all or any of the collection, sources, verification, processing and presentation of information accompanying the proposal. (7) The documents and information accompanying the proposal (including the draft plan) must comply with those standards. (2) (1) A qualifying body may withdraw a proposal at any time before the local planning authority act in relation to the proposal under paragraph 14. (2) If— (a) a proposal by a qualifying body is made by an organisation or body designated as a neighbourhood forum, and (b) the designation is withdrawn at any time before the proposal is submitted for independent examination under paragraph 9, the proposal is to be treated as withdrawn by the qualifying body at that time. (3) If the withdrawal of the designation occurs after the proposal is submitted for independent examination under that paragraph, the withdrawal is not to affect the validity of the proposal. (3) (1) A local planning authority must give such advice or assistance to a qualifying body as, in all the circumstance, they consider appropriate for the purpose of, or in connection with, facilitating the making of a proposal for the modification of a neighbourhood development plan for a neighbourhood area within their area. (2) Nothing in this paragraph is to be read as requiring the giving of financial assistance. (4) (1) The Secretary of State may by regulations make provision as to requirements that must be complied with before proposals for the modification of a neighbourhood development plan may be submitted to a local planning authority or fall to be considered by a local planning authority. (2) The regulations may in particular make provision— (a) as to the giving of notice and publicity, (b) as to the information and documents that are to be made available to the public, (c) as to the making of reasonable charges for anything provided as a result of the regulations, (d) as to consultation with and participation by the public, (e) as to the making and consideration of representations (including the time by which they must be made), (f) requiring prescribed steps to be taken before a proposal of a prescribed description falls to be considered by a local planning authority, and (g) conferring powers or imposing duties on local planning authorities, the Secretary of State or other public authorities. (3) The power to make regulations under this paragraph must be exercised to secure that— (a) prescribed requirements as to consultation with and participation by the public must be complied with before a proposal for the modification of a neighbourhood development plan may be submitted to a local planning authority, and (b) a statement containing the following information in relation to that consultation and participation must accompany the proposal submitted to the authority— (i) details of those consulted, (ii) a summary of the main issues raised, and (iii) any other information of a prescribed description. (5) (1) A local planning authority may decline to consider a proposal submitted to them if they consider that it is a repeat proposal. (2) A proposal (“the proposal in question”) is a “repeat” proposal for the purposes of this paragraph if it meets conditions A and B. (3) Condition A is that— (a) in the period of two years ending with the date on which the proposal in question is received, the authority received a proposal under this Schedule (“the earlier proposal”), (b) the authority did not make a neighbourhood development plan in response to the earlier proposal as a result of paragraph 8(4) or 14(4) or (8), and (c) the earlier proposal was the same as or similar to the proposal in question. (4) Condition B is that the local planning authority consider that there has been no significant change in circumstances since the earlier proposal was dealt with as mentioned in sub-paragraph (3)(b). (6) If a local planning authority decline to consider a proposal under paragraph 5 they must notify the qualifying body of that fact and of their reasons for declining to consider it. (7) (1) This paragraph applies if— (a) a proposal has been made to a local planning authority, (b) the authority have not exercised their powers under paragraph 5 to decline to consider it, and (c) the authority consider that the modifications contained in the draft plan to which it relates are so significant or substantial as to change the nature of the neighbourhood development plan which the draft plan would replace. (2) The local planning authority must instead consider the proposal under paragraph 6 of Schedule 4B to the principal Act (as applied by sections 38A(3) and 38C(5) of this Act). (3) That Schedule is to apply in relation to the proposal as if the proposal had been submitted to the local planning authority under that Schedule. (8) (1) This paragraph applies if— (a) a proposal has been made to a local planning authority, (b) the authority have not exercised their power under paragraph 5 to decline to consider it, and (c) paragraph 7 does not apply. (2) The authority must consider— (a) whether the qualifying body is authorised for the purposes of a neighbourhood development plan to act in relation to the neighbourhood area concerned as a result of section 61F of the principal Act (as applied by section 38C(2)(a) of this Act), (b) whether the proposal by the body complies with provision made by or under that section, (c) whether the proposal and the documents and information accompanying it (including the draft plan) comply with provision made by or under paragraph 1, and (d) whether the body has complied with the requirements of regulations made under paragraph 4 imposed on it in relation to the proposal. (3) The authority must also consider whether the draft plan complies with the provision made by or under sections 38A and 38B. (4) The authority must— (a) notify the qualifying body as to whether or not they are satisfied that the matters mentioned in sub-paragraphs (2) and (3) have been met or complied with, and (b) in any case where they are not so satisfied, refuse the proposal and notify the body of their reasons for refusing it. (9) (1) This paragraph applies if— (a) a local planning authority have considered the matters mentioned in paragraph 8(2) and (3), and (b) they are satisfied that the matters mentioned there have been met or complied with. (2) The local planning authority must submit for independent examination— (a) the draft plan, and (b) such other documents as may be prescribed. (3) The authority must make such arrangements as they consider appropriate in connection with the holding of the examination. (4) The authority may appoint a person to carry out the examination, but only if the qualifying body consents to the appointment. (5) If— (a) it appears to the Secretary of State that no person may be appointed under sub-paragraph (4), and (b) the Secretary of State considers that it is expedient for an appointment to be made under this sub-paragraph, the Secretary of State may appoint a person to carry out the examination. (6) The person appointed must be someone who, in the opinion of the person making the appointment— (a) is independent of the qualifying body and the authority, (b) does not have an interest in any land that may be affected by the draft plan, and (c) has appropriate qualifications and experience. (7) The Secretary of State or another local planning authority may enter into arrangements with the authority for the provision of the services of any of their employees as examiners. (8) Those arrangements may include— (a) provision requiring payments to be made by the authority to the Secretary of State or other local planning authority, and (b) other provision in relation to those payments and other financial matters. (10) (1) The examiner must first determine whether the modifications contained in the draft plan are so significant or substantial as to change the nature of the neighbourhood development plan which the draft plan would replace. (2) The following provisions of this paragraph apply if the examiner determines that the modifications would have that effect. (3) The examiner must— (a) notify the qualifying body and the local planning authority of the determination, and (b) give reasons for the determination. (4) The qualifying body must decide whether it wishes to proceed with the proposal or withdraw it, and must notify the examiner and the local planning authority of that decision. (5) If the qualifying body notifies the examiner that it wishes to proceed with the proposal, the examiner must consider the draft plan and the documents submitted with it under paragraph 8 of Schedule 4B to the principal Act (as applied by sections 38A(3) and 38C(5) of this Act). (6) In that event that Schedule is to apply in relation to the draft plan and the documents submitted with it as if they had been submitted to the examiner under that Schedule. (11) (1) If paragraph 10(2) does not apply, the examiner must consider the following— (a) whether the draft plan meets the basic conditions (see sub-paragraph (2)); (b) whether the draft plan complies with the provision made by or under sections 38A and 38B; (c) such other matters as may be prescribed. (2) A draft plan meets the basic conditions if— (a) having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the plan, (b) the making of the plan contributes to the achievement of sustainable development, (c) the making of the plan is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area), (d) the making of the plan does not breach, and is otherwise compatible with, EU obligations, and (e) prescribed conditions are met in relation to the plan and prescribed matters have been complied with in connection with the proposal for the plan. (3) The examiner is not to consider any matter that does not fall within sub-paragraph (1) (apart from considering whether the draft plan is compatible with the Convention rights). (12) (1) The general rule is that the examination of the issues by the examiner under paragraph 10 or 11 is to take the form of the consideration of written representations. (2) But the examiner must cause a hearing to be held for the purpose of receiving oral representations about a particular issue at the hearing— (a) in any case where the examiner considers that there are exceptional reasons for doing so, or (b) in such other cases as may be prescribed. (3) The following persons are entitled to make oral representations about the issue at the hearing— (a) the qualifying body, (b) the local planning authority, and (c) such other persons as may be prescribed. (4) The hearing must be in public. (5) It is for the examiner to decide how the hearing is to be conducted, including— (a) whether a person making oral representations may be questioned by another person and, if so, the matters to which the questioning may relate, and (b) the amount of time for the making of a person's oral representations or for any questioning by another person. (6) In making decisions about the questioning of a person's oral representations by another, the examiner must apply the principle that the questioning should be done by the examiner except where the examiner considers that questioning by another is necessary to ensure— (a) adequate examination of a particular issue, or (b) a person has a fair chance to put a case. (7) Sub-paragraph (5) is subject to regulations under paragraph 15. (13) (1) After considering a draft plan under paragraph 11, the examiner must make a report on the draft plan containing recommendations in accordance with this paragraph (and no other recommendations). (2) The report must recommend either— (a) that the local planning authority should make the draft plan, (b) that the local planning authority should make the draft plan with the modifications specified in the report, or (c) that the local planning authority should not make the draft plan. (3) The only modifications that may be recommended are— (a) modifications that the examiner considers need to be made to secure that the draft plan meets the basic conditions mentioned in paragraph 11(2), (b) modifications that the examiner considers need to be made to secure that the draft plan is compatible with the Convention rights, (c) modifications that the examiner considers need to be made to secure that the draft plan complies with the provision made by or under sections 38A and 38B, and (d) modifications for the purpose of correcting errors. (4) The report may not recommend that a plan (with or without modifications) should be made if the examiner considers that the plan does not— (a) meet the basic conditions mentioned in paragraph 11(2), or (b) comply with the provision made by or under sections 38A and 38B. (5) The report must— (a) give reasons for each of its recommendations, and (b) contain a summary of its main findings. (6) The examiner must send a copy of the report to the qualifying body and the local planning authority. (7) The local planning authority must then arrange for the publication of the report in such manner as may be prescribed. (14) (1) This paragraph applies if an examiner has made a report under paragraph 13. (2) If the report recommends that the local planning authority should make the draft plan, the authority must do so (subject as follows). (3) But if the examiner's report recommends that the authority should make the draft plan with the modifications specified in the report, the authority must make the draft plan with those modifications (subject as follows). (4) Sub-paragraph (2) or (3) does not apply if the authority consider that to make the draft plan or (as the case may be) to do so with those modifications would breach, or would otherwise be incompatible with, any EU obligation or any of the Convention rights. (5) If the authority do not make the draft plan on that ground, they must give reasons to the qualifying body for doing so. (6) Where sub-paragraph (2) or (3) applies, the authority may make the draft plan with modifications or (as the case may be) modifications other than those specified in the report if— (a) the authority considers the modifications need to be made to secure that the draft plan is compatible with EU obligations and the Convention rights, or (b) the modifications are for the purpose of correcting errors. (7) The authority must make the draft plan or (as the case may be) the draft plan with modifications permitted by this paragraph as soon as reasonably practicable and, in any event, by such date as may be prescribed. (8) If the examiner's report recommends that the local planning authority should not make the draft plan, the authority must not make the draft plan. (15) (1) The Secretary of State may by regulations make provision in connection with examinations under paragraph 9. (2) The regulations may in particular make provision as to— (a) the giving of notice and publicity in connection with an examination, (b) the information and documents relating to an examination that are to be made available to the public, (c) the making of reasonable charges for anything provided as a result of the regulations, (d) the making of written or oral representations in relation to draft plans (including the time by which written representations must be made), (e) the written representations which are to be, or which may be or may not be, considered at an examination, (f) the refusal to allow oral representations of a prescribed description to be made at a hearing, (g) the procedure to be followed at an examination (including the procedure to be followed at a hearing), (h) the payment by a local planning authority of remuneration and expenses of the examiner, and (i) the award of costs by the examiner. (3) The regulations may in particular impose duties on an examiner which are to be complied with by the examiner in considering the draft plan under paragraphs 10 and 11 and which require the examiner— (a) to provide prescribed information to each person within sub-paragraph (4); (b) to publish a draft report containing the recommendations which the examiner is minded to make in the examiner's report under paragraph 13; (c) to invite each person within sub-paragraph (4) or representatives of such a person to one or more meetings at a prescribed stage or prescribed stages of the examination process; (d) to hold a meeting following the issuing of such invitations if such a person requests the examiner to do so. (4) Those persons are— (a) the qualifying body, (b) the local planning authority, and (c) such other persons as may be prescribed. (5) Where the regulations make provision by virtue of sub-paragraph (3)(c) or (d), they may make further provision about— (a) the procedure for a meeting; (b) the matters to be discussed at a meeting. (16) In this Schedule— - “the Convention rights” has the same meaning as in the Human Rights Act 1998; - “the development plan”— 1. includes a development plan for the purposes of paragraph 1 of Schedule 8 (transitional provisions); 2. does not include so much of a development plan as consists of a neighbourhood development plan under section 38A; - “draft plan” has the meaning given by paragraph 1(3); - “prescribed” means prescribed by regulations made by the Secretary of State.

SCHEDULE 2

1

The Planning and Compulsory Purchase Act 2004 is amended as follows.

2

Schedule A1 (default powers exercisable by Mayor of London or combined authority) is amended in accordance with paragraphs 3 to 8.

3

In the heading for “or combined authority” substitute “ , combined authority or county council ”.

4

After paragraph 7 insert—

(7A) In this Schedule— - “upper-tier county council” means a county council for an area for which there is also a district council; - “lower-tier planning authority”, in relation to an upper-tier county council, means a district council which is the local planning authority for an area within the area of the upper-tier county council. (7B) If the Secretary of State— (a) thinks that a lower-tier planning authority are failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document, and (b) invites the upper-tier county council to prepare or revise the document, the upper-tier county council may prepare or revise (as the case may be) the development plan document. (7C) (1) This paragraph applies where a development plan document is prepared or revised by an upper-tier county council under paragraph 7B. (2) The upper-tier county council must hold an independent examination. (3) The upper-tier county council— (a) must publish the recommendations and reasons of the person appointed to hold the examination, and (b) may also give directions to the lower-tier planning authority in relation to publication of those recommendations and reasons. (4) The upper-tier county council may— (a) approve the document, or approve it subject to specified modifications, as a local development document, or (b) direct the lower-tier planning authority to consider adopting the document by resolution of the authority as a local development document. (7D) (1) Subsections (4) to (7C) of section 20 apply to an examination held under paragraph 7C(2)— (a) with the reference to the local planning authority in subsection (7C) of that section being read as a reference to the upper-tier county council, and (b) with the omission of subsections (5)(c), (7)(b)(ii) and (7B)(b). (2) The upper-tier county council must give reasons for anything they do in pursuance of paragraph 7B or 7C(4). (3) The lower-tier planning authority must reimburse the upper-tier county council— (a) for any expenditure that the upper-tier county council incur in connection with anything which is done by them under paragraph 7B and which the lower-tier planning authority failed or omitted to do as mentioned in that paragraph; (b) for any expenditure that the upper-tier county council incur in connection with anything which is done by them under paragraph 7C(2). (4) In the case of a joint local development document or a joint development plan document, the upper-tier council may apportion liability for the expenditure on such basis as the council considers just between the authorities for whom the document has been prepared.

5

• (1) Paragraph 8 is amended as follows.

• (2) In sub-paragraph (1)—

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

• (b) at the end of paragraph (b) insert

, or (c) under paragraph 7B by an upper-tier county council.

• (3) In sub-paragraph (2)(a)—

• (a) for “or 6(4)(a)” substitute “ , 6(4)(a) or 7C(4)(a) ”, and

• (b) for “or the combined authority” substitute “ , the combined authority or the upper-tier county council ”.

• (4) In sub-paragraph (3)(a) for “or the combined authority” substitute “ , the combined authority or the upper-tier county council ”.

• (5) In sub-paragraph (5) for “or 6(4)(a)” substitute “ , 6(4)(a) or 7C(4)(a) ”.

• (6) In sub-paragraph (7)—

• (a) in paragraph (b) for “or 6(4)(a)” substitute “ , 6(4)(a) or 7C(4)(a) ”, and

• (b) in the words following that paragraph for “or the combined authority” substitute “ , the combined authority or the upper-tier county council ”.

6

In paragraph 9(8) for “or the combined authority” substitute “ , the combined authority or the upper-tier county council ”.

7

In paragraph 12—

• (a) for “or the combined authority” substitute “ , the combined authority or the upper-tier county council ”, and

• (b) for “or the authority” substitute “ , the authority or the council ”.

8

In paragraph 13(1)—

• (a) for “or a combined authority” substitute “ , a combined authority or an upper-tier county council ”, and

• (b) for “or the authority” substitute “ , the authority or the council ”.

9

In section 17(8) (document a local development document only if adopted or approved) after paragraph (d) insert—

(e) is approved by an upper-tier county council (as defined in that Schedule) under paragraph 7C of that Schedule.

10

In section 27A (default powers exercisable by Mayor of London or combined authority) for “or combined authority” in both places substitute “ , combined authority or county council ”.

SCHEDULE 3

1

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

2

In section 70 (determination of applications: general considerations), after subsection (3) insert—

(3A) See also section 100ZA, which makes provision about restrictions on the power to impose conditions under subsection (1)(a) on a grant of planning permission in relation to land in England.

3

In section 72 (conditional grant of planning permission), after subsection (5) insert—

(6) See also section 100ZA, which makes provision about restrictions on the power to impose conditions by virtue of this section on a grant of planning permission in relation to land in England.

4

In section 73 (determination of applications to develop land without compliance with conditions previously attached), after subsection (2) insert—

(2A) See also section 100ZA, which makes provision about restrictions on the power to impose conditions under subsection (2) on a grant of planning permission in relation to land in England.

5

In section 90(3) (effect of deemed planning permission) after “except” insert “ section 100ZA and ”.

6

In section 93 (provisions supplementary to sections 91 and 92), after subsection (4) insert—

(5) Section 100ZA(1) (power to provide for restrictions in relation to conditions or limitations that may be imposed on a grant of planning permission in relation to land in England) does not apply in the case of conditions attached to a grant of planning permission as a result of section 91(1)(a) or 92(2). (6) But section 100ZA(1) applies to the exercise of the powers conferred by section 91(1)(b) and 92(4) and (5).

7

In section 141 (action by Secretary of State in relation to purchase notice), after subsection (5) insert—

(6) Section 100ZA(1) (which confers power to provide for restrictions in relation to conditions or limitations that may be imposed on a grant of planning permission for the development of land in England) applies in relation to conditions imposed under or by virtue of subsection (2) or (3) as it applies in relation to conditions imposed on a grant of planning permission to develop land which is granted on an application made under Part 3.

8

In section 177 (grant or modification of planning permission on appeals against enforcement notices), after subsection (4) insert—

(4A) Section 100ZA (which makes provision about restrictions on the power to impose conditions or limitations on a grant of planning permission in relation to land in England) applies in relation to conditions substituted under subsection (4) as it applies in relation to conditions imposed on a grant of planning permission to develop land which is granted on an application made under Part 3.

Notification of applications to neighbourhood planning bodies

Modification of neighbourhood development order or plan

Content of development plan documents

Content of development plan documents

Format of local development schemes and documents

Permitted development rights relating to drinking establishments

Register of planning applications etc

Procedure for authorising temporary possession etc

Time limit for confirmation notices

Time limit for confirmation notices

Overriding easements: land held on behalf of GLA or TfL

Interest on advance payments of compensation

Interest on advance payments of compensation

Interest on payments to mortgagee paid late

Consequential provision

Regulations

Editorial notes

[^c22730291]: S. 2 in force for specified purposes at Royal Assent, see s. 46

[^c22730111]: S. 4 in force for specified purposes at Royal Assent, see s. 46

[^c22730121]: S. 9 in force on for specified purposes at Royal Assent, see s. 46

[^c22730131]: S. 12 in force for specified purposes at Royal Assent, see s. 46

[^c22730141]: S. 13 in force for specified purposes at Royal Assent, see s. 46

[^c22730171]: S. 2 in force for specified purposes at Royal Assent, see s. 46

[^c22730181]: S. 2 in force for specified purposes at Royal Assent, see s. 46

[^c22730191]: S. 2 in force for specified purposes at Royal Assent, see s. 46

[^c22730201]: S. 2 in force for specified purposes at Royal Assent, see s. 46

[^c22730211]: S. 2 in force for specified purposes at Royal Assent, see s. 46

[^c22730221]: S. 2 in force for specified purposes at Royal Assent, see s. 46

[^c22730241]: Sch. 1 in force for specified purposes at Royal Assent, see s. 46

[^key-6f9a9abbeed2d77d474e4e0a84781135]: S. 1 in force at 19.7.2017 by S.I. 2017/767, reg. 2(a)

[^key-d7856b8bcf329fe65857b352ffc92056]: S. 3 in force at 19.7.2017 by S.I. 2017/767, reg. 2(b)

[^key-8a7e6c1e11c16ca7197815bd2674956b]: S. 11 in force at 19.7.2017 by S.I. 2017/767, reg. 2(c)

[^key-87c260e3e38632dde1cc0b99ff8a7d9b]: S. 12 in force at 19.7.2017 in so far as not already in force by S.I. 2017/767, reg. 2(d)

[^key-97ecc16f6b31ea3a4306ae52c9e0a41d]: S. 14 in force at 19.7.2017 for specified purposes by S.I. 2017/767, reg. 2(e)

[^key-88fe6ac4046643f760922a6311a8c49a]: S. 16 in force at 19.7.2017 by S.I. 2017/767, reg. 2(f)

[^key-aa79c3577469526824b3448a971698cc]: S. 29 in force at 19.7.2017 by S.I. 2017/767, reg. 2(g)

[^key-9eedcf597bfb5e7f43f5f7eaf6fe13f7]: S. 30 in force at 19.7.2017 by S.I. 2017/767, reg. 2(h)

[^key-a88b6ba041c3f5f051e0690d9202a717]: S. 37 in force at 19.7.2017 by S.I. 2017/767, reg. 2(i)

[^key-3ec227e6cc04b9b8df50cdf3dbe9fc77]: S. 41 in force at 19.7.2017 by S.I. 2017/767, reg. 2(j)

[^key-57796530282807cb6070bee18a2bd4b3]: Words in s. 37(4)(c) substituted (19.7.2017) by The Neighbourhood Planning Act 2017 (Commencement No. 1) Regulations 2017 (S.I. 2017/767), reg. 3

[^key-d30539bee254f90150cc7ae40d6b972a]: S. 26(8)(b) in force at 22.9.2017 by S.I. 2017/936, reg. 3(a) (with reg. 5)

[^key-5f2cd1b51d9b842e36e2b501ec48ffc7]: S. 32 in force at 22.9.2017 by S.I. 2017/936, reg. 3(b) (with reg. 4)

[^key-c23b1277284700de6a3b7aee1416eaa1]: S. 33 in force at 22.9.2017 by S.I. 2017/936, reg. 3(c)

[^key-9dc523a210091c6072a771ff354453ff]: S. 34 in force at 22.9.2017 by S.I. 2017/936, reg. 3(d)

[^key-9bb68e7d00d173a55b8e53f484527045]: S. 35 in force at 22.9.2017 by S.I. 2017/936, reg. 3(e) (with reg. 4)

[^key-3a84f32b658e8321f9c29cee69712180]: S. 36 in force at 22.9.2017 by S.I. 2017/936, reg. 3(f)

[^key-d6e4019aed301149230fd62fbaa4f74f]: Words in s. 32(3) substituted (22.9.2017) by The Neighbourhood Planning Act 2017 (Commencement No. 2) Regulations 2017 (S.I. 2017/936), reg. 6

[^key-e5298a3e34dc2e1a93853bac9d3660d0]: Words in s. 32(3) substituted (22.9.2017) by The Neighbourhood Planning Act 2017 (Commencement No. 2) Regulations 2017 (S.I. 2017/936), reg. 7

[^key-392d7743cbc14291b01d9e3a4c0106cd]: S. 8(1)(3) in force at 16.1.2018 by S.I. 2018/38, reg. 2(a)

[^key-03facca41e35acdd6f7aa0f124b89ece]: S. 9 in force at 16.1.2018 in so far as not already in force by S.I. 2018/38, reg. 2(b)

[^key-92a2758228434046acb8555da187e9c8]: S. 10 in force at 16.1.2018 by S.I. 2018/38, reg. 2(c)

[^key-6ef91657898b433ccae73e71cf2c6d8c]: Sch. 2 para. 1 in force at 16.1.2018 by S.I. 2018/38, reg. 2(c)

[^key-dbe7401d09c9dd53d7e68acd76dd3a37]: Sch. 2 para. 2 in force at 16.1.2018 by S.I. 2018/38, reg. 2(c)

[^key-78deb9459564ddb595c184a5f73c15d9]: Sch. 2 para. 3 in force at 16.1.2018 by S.I. 2018/38, reg. 2(c)

[^key-896dc8efe455a5a9814c7ac84beb5f42]: Sch. 2 para. 4 in force at 16.1.2018 by S.I. 2018/38, reg. 2(c)

[^key-aeba159b16c0ccdc57eb0e0214248dc2]: Sch. 2 para. 5 in force at 16.1.2018 by S.I. 2018/38, reg. 2(c)

[^key-6677625942a8226c4ebd4fb4de7e8d15]: Sch. 2 para. 6 in force at 16.1.2018 by S.I. 2018/38, reg. 2(c)

[^key-cac74ffcb8aa7df28a9b06972b2da8e6]: Sch. 2 para. 7 in force at 16.1.2018 by S.I. 2018/38, reg. 2(c)

[^key-26901f3a291e16182cfb16145a0acc26]: Sch. 2 para. 8 in force at 16.1.2018 by S.I. 2018/38, reg. 2(c)

[^key-4512dd8b1bd8991f6bd088b500c43e51]: Sch. 2 para. 9 in force at 16.1.2018 by S.I. 2018/38, reg. 2(c)

[^key-586398c7d375a023a5fabefe7f1dfbb7]: Sch. 2 para. 10 in force at 16.1.2018 by S.I. 2018/38, reg. 2(c)

[^key-3a913041e2673ec91399f9fa2edee118]: S. 2 in force at 31.1.2018 in so far as not already in force by S.I. 2018/38, reg. 3(a)

[^key-e0f87afe619f10f40d1e2f1b296dd92f]: S. 4 in force at 31.1.2018 in so far as not already in force by S.I. 2018/38, reg. 3(b)

[^key-c8306c23b1aff51ed450ce696e4a1e24]: Sch. 1 para. 1 in force at 31.1.2018 in so far as not already in force by S.I. 2018/38, reg. 3(b)

[^key-92b619354d03f081ae42a58250fb98e7]: S. 5 in force at 31.1.2018 by S.I. 2018/38, reg. 3(c)

[^key-eed629c5347acfabedf7c7c51b80774d]: S. 38 in force at 6.4.2018 by S.I. 2018/252, reg. 3 (with reg. 4)

[^key-983fb26c409e79ea3887e40baaa0076e]: Act excluded in part (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 3(1)(p)

[^key-2d2fd32328e98f43cd70ea64848040f6]: S. 6 in force at 31.7.2018 by S.I. 2018/38, reg. 4(a)

[^key-01f382431c15fac0a0dc92bc33b1db16]: S. 13(2) in force at 31.7.2018 in so far as not already in force by S.I. 2018/38, reg. 4(b) (with reg. 5)

[^key-fc8235844ada9da401072dbfd8cb8cc4]: Pt. 2 Ch. 1 excluded (26.9.2018) by The Network Rail (Felixstowe Branch Line Improvements Level Crossings Closure) Order 2018 (S.I. 2018/937), arts. 1, 28

[^key-9da654c8c1a081964340d532da3045e9]: S. 14(1)(3) in force at 1.10.2018 for specified purposes by S.I. 2018/567, reg. 3(a)

[^key-13f45bef50fc23fb618bb58b40dffb2e]: S. 14(4) in force at 1.10.2018 for specified purposes by S.I. 2018/567, reg. 3(b)

[^key-469d736ca79ebe42ba3fa0fbc9de4473]: Sch. 3 para. 1 in force at 1.10.2018 by S.I. 2018/567, reg. 3(b)

[^key-94158c1554073ff1ef53384ffc9b8d8e]: Sch. 3 para. 3 in force at 1.10.2018 by S.I. 2018/567, reg. 3(b)

[^key-bc535dafa20db51b001b935479560e38]: Sch. 3 para. 4 in force at 1.10.2018 by S.I. 2018/567, reg. 3(b)

[^key-0bb2d6cec8bc89aae10102366050d5a7]: Sch. 3 para. 5 in force at 1.10.2018 by S.I. 2018/567, reg. 3(b)

[^key-fbf627f0b6ca5250c7402d5bd0406030]: Sch. 3 para. 8 in force at 1.10.2018 by S.I. 2018/567, reg. 3(b)

[^key-21761c8bfcfe9c39a57038c8509105d4]: Act excluded in part (3.10.2018) by The A19/A184 Testos Junction Alteration Development Consent Order 2018 (S.I. 2018/994), arts. 1, 2(7) (with arts. 3(3), 5)

[^key-ce5da85faea51b837d2b3f0b51d0309b]: Pt. 2 Ch. 1 excluded (12.10.2018) by The Eggborough Gas Fired Generating Station Order 2018 (S.I. 2018/1020), arts. 1, 26(12) (with arts. 6, 42)

[^key-ba087fb58130f9b0f6ccd3397aed03c5]: Act excluded in part (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 3(1)(g) (with arts. 55, 56)

[^key-56d3a48e62fff499407995d9295b428a]: Act excluded in part (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I. 2019/578), arts. 1, 27(13), 28(12)

[^key-4f0634ba202495a0e67e91b8fa12f152]: Act excluded in part (7.5.2019) by The Midland Metro (Birmingham City Centre Extension, etc.) (Edgbaston Extension Land Acquisition) Order 2019 (S.I. 2019/882), arts. 1, 3 (with art. 18)

[^key-7b5d14a7fca720f82d9f51338e3798dc]: S. 8(2) in force at 4.7.2019 by S.I. 2019/1081, reg. 2

[^key-7dff7b7329a829f2ad2272e600751596]: Act excluded in part (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 28(13)

[^key-ff7f43f18731602cc2a1b67b4c861039]: Act excluded in part (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 29(12)

[^key-32b6d8188fc38e201b17cf1fa818e447]: Act excluded in part (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), arts. 1, 8(1)

[^key-73a024b807bc080e0443a22400f117f7]: Act excluded in part (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), arts. 1, 45(2) (with art. 45(7), Sch. 13 Pt. 1 para. 19)

[^key-52f07db246d27a912eb15b4bdf77fe31]: Act excluded in part (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), arts. 1, 4 (with art. 3(1))

[^key-6a01cec7c1641bddb47a8a9e329dbdda]: Act excluded in part (4.3.2020) by The Midland Metro (Birmingham Eastside Extension) Order 2020 (S.I. 2020/141), arts. 1, 6 (with arts. 47, 48, Sch. 10 para. 19)

[^key-0bf3b82e5c64bb222d27e2c5055ec831]: Pt. 2 Ch. 1 excluded (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 27(13) (with arts. 7, 27(8))

[^key-3c9e870dfcae8b36e6f6d32149e65f2b]: Act excluded in part (30.4.2020) by The A585 Windy Harbour to Skippool Highway Development Consent Order 2020 (S.I. 2020/402), arts. 1, 29(12) (with arts. 5, 44)

[^key-3b087ceea23f32286fe91281a06f0107]: Act excluded in part (30.4.2020) by The A585 Windy Harbour to Skippool Highway Development Consent Order 2020 (S.I. 2020/402), arts. 1, 30(12) (with arts. 5, 44)

[^M_C_cf0c621f-d00e-43da-e0a1-d1f2eb39b6fc]: Pt. 2 Ch. 1 excluded (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 26(12) (with arts. 7, 27(8))

[^key-53d28534317d984008fbc56bad818833]: Act excluded in part (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), arts. 1, 6(6) (with art. 7)

[^key-917027860bfcbd3d9a9f267eb7928aa2]: Act excluded in part (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 3(e) (with arts. 51, 57)

[^key-22481b24ad288d22c7d01f38d1f53e0a]: Act excluded in part (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), arts. 1, 44(2) (with art. 44(8))

[^key-cd406736d698363c330d53e38cf51b6e]: Act excluded in part (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 49(1) (with art. 37)

[^key-a26c98e34cb1f3978bf0465a4f33803e]: Act excluded in part (18.6.2020) by The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 (S.I. 2020/556), arts. 1, 29(12) (with arts. 5, 44)

[^key-2e33f976241854d7b9d0a189febf1141]: Act excluded in part (18.6.2020) by The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 (S.I. 2020/556), art. 30(12) (with arts. 5, 44)

[^key-f087c990ed34a4c65ecdcce7d94d2328]: Act excluded in part (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), arts. 1, 6 (with art. 37)

[^key-83f8da2474b6b7e0eaf5dcc0f78530fa]: Act excluded in part (22.7.2020) by The Norfolk Vanguard Offshore Wind Farm Order 2020 (S.I. 2020/706), arts. 1, 7(2) (with arts. 41, 42, Sch. 16 para. 66)

[^key-a0f14072ee584f1507f122a0d67388ca]: Act excluded in part (6.8.2020) by The A19 Downhill Lane Junction Development Consent Order 2020 (S.I. 2020/746), arts. 1, 36(2) (with art. 5)

[^key-ef61616c8903a9a32abab6d624d4d49f]: Act excluded in part (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847), arts. 1, 27(14) (with Sch. 9 para. 144)

[^key-2175f98253aea4849f2dcc16b217bace]: Act excluded in part (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847), arts. 1, 28(13) (with Sch. 9 para. 144)

[^key-c38fbe24f25bf5625e25053b8391ecc6]: Act excluded in part (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 3(1)(f)

[^key-43e6c64e61270ecb35becbca6be0c92a]: Act excluded in part (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 36(2) (with art. 32, Sch. 9 para. 36)

[^key-7104d3ded1167a21f14156fd4c9a045b]: Act excluded in part (31.12.2020) by The Network Rail (Cambridgeshire Level Crossing Reduction) Order 2020 (S.I. 2020/1485), arts. 1, 4(1)(d)

[^key-28d9abb79a5c01e429be0e682c53c8b5]: Act excluded in part (19.1.2021) by The Network Rail (Suffolk Level Crossing Reduction) Order 2020 (S.I. 2020/1663), arts. 1, 4(d)

[^key-b53c9c0a630d196ae8dd7589d080bb64]: Act excluded in part (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 6(2) (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)

[^key-d9dd9aa0eb5904422c872f9f9ca86553]: Act excluded in part (9.2.2021) by The A1 Birtley to Coal House Development Consent Order 2021 (S.I. 2021/74), arts. 1, 2(7) (with art. 5, Sch. 27 para. 36)

[^key-d8c1df84d205d477db676a153b291149]: Act excluded in part (19.2.2021) by The A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (S.I. 2021/125), arts. 1, 3(2) (with arts. 4, 47)

[^key-ea28c0d69a4d61f3a102436fa1272401]: Act excluded in part (1.9.2021) by The Network Rail (Teddington Station Access for All) Order 2021 (S.I. 2021/937), arts. 1, 3(2)

[^M_C_3226a374-5ed9-4126-95cc-2048619987e7]: Act excluded in part (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 7(2) (with arts. 41, 42, Sch. 16)

[^M_C_28741f12-c4d9-43ed-d747-48d24f1780d8]: Pt. 2 Ch. 1 excluded (W.) (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 51 (with arts. 15, 50, Sch. 11)

[^key-bbfac7a2d2333b3558d4e53ba7b52615]: S. 20(10) inserted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 9 (with s. 144); S.I. 2022/48, reg. 5(d)

[^key-2a2042affb445e3ba868e00154a43f69]: S. 23(5A) inserted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 10 (with s. 144); S.I. 2022/48, reg. 5(d)

[^key-347159862eabd2daed70aa97c0b23888]: S. 27(4A) inserted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 11(3) (with s. 144); S.I. 2022/48, reg. 5(d)

[^key-44df2c7cf88ea46047e7b5e32e3afafc]: Word in s. 27(3)(a) omitted (30.9.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 11(2)(a) (with s. 144); S.I. 2022/48, reg. 5(d)

[^key-239b0770091cf5f5da2abd5058dfaced]: S. 27(3)(c) and word inserted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 11(2)(b) (with s. 144); S.I. 2022/48, reg. 5(d)

[^key-1ba83762702d89298158c190e342e6ea]: Word in s. 27(6)(a) omitted (30.9.2022) by virtue of Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 11(4)(a) (with s. 144); S.I. 2022/48, reg. 5(d)

[^key-5db58b6993ebec78bdeb0dffde6732ea]: S. 27(6)(c) and word inserted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 11(4)(b) (with s. 144); S.I. 2022/48, reg. 5(d)

[^key-710cfcfa5202a411650ba09f42425d0f]: Words in s. 30 inserted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 12 (with s. 144); S.I. 2022/48, reg. 5(d)

[^key-fd488dd85e44c06d0dfd7dae20c96cdb]: Pt. 2 Ch. 1 excluded (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 4(1) (with art. 51)

[^key-ce53dfa0554eebcc771a211927e86767]: Act excluded in part (3.8.2023) by The Hornsea Four Offshore Wind Farm Order 2023 (S.I. 2023/800), arts. 1, 6(1) (with arts. 6(2), 42, 43, Sch. 9 Pt. 1 para. 4, Sch. 9 Pt. 3 para. 6(1), Sch. 9 Pt. 4 para. 20, Sch. 9 Pt. 9 para. 4)

[^key-4d97df508672f886f9e5646e455a8473]: Act restricted (3.8.2023) by The Hornsea Four Offshore Wind Farm Order 2023 (S.I. 2023/800), art. 1, Sch. 9 Pt. 4 para. 4(1) (with arts. 42, 43, Sch. 9 Pt. 1 para. 4, Sch. 9 Pt. 3 para. 6(1), Sch. 9 Pt. 4 para. 20, Sch. 9 Pt. 9 para. 4) (as amended (31.1.2024) by The Hornsea Four Offshore Wind Farm (Correction) Order 2024 (S.I. 2024/117), art. 1(2), Sch.)

[^key-e90780afe7cd3d872f91747bf19ae360]: S. 15: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)