Planning and Infrastructure Act 2025

• (a) Schedule 3 to the Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070);

• (b) regulation 4(3) and (4) of the Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311).

Power to make consequential amendments

47

• (1) The Secretary of State may by regulations made by statutory instrument make provision that is consequential on sections 36 to 46.

• (2) Regulations under this section may amend—

• (a) an Act, or

• (b) an Act or Measure of Senedd Cymru,

passed before the end of the session of Parliament in which this Act is passed.

• (3) Regulations under this section may include incidental, supplemental, transitional and saving provision.

• (4) A statutory instrument containing (whether alone or with other provision) regulations made in reliance on subsection (2) may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

• (5) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Harbours

Fees for applications for harbour orders

48

• (1) Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision orders and harbour empowerment orders) is amended as set out in subsections (2) to (4).

• (2) In paragraph 7(1) (things to accompany applications)—

• (a) after paragraph (a) insert “and”;

• (b) omit paragraph (c) and the preceding “and”.

• (3) In paragraph 9 (duty not to consider application unless certain requirements met), omit sub-paragraph (a).

• (4) After paragraph 9 insert—

(9A) (1) The Secretary of State may, by regulations, provide for fees to be payable by applicants for harbour revision orders. (2) Such regulations may— (a) provide for the amount of a fee to be determined by a method laid down in the regulations; (b) empower or require the Secretary of State not to take steps in relation to an application if a fee is not paid on time; (c) provide for the payment of a deposit on account of a fee that will or may become payable (in which case paragraphs (a) and (b) apply to the deposit as they apply to the fee); (d) make incidental or supplemental provision; (e) make different provision for different purposes.

• (5) In section 54 of the Harbours Act 1964 (orders and regulations), after subsection (6) insert—

(7) As to the power to make regulations under paragraph 9A of Schedule 3 (fees for applications)— (a) where the power is exercised by the Secretary of State— (i) the regulations are to be made by statutory instrument, and (ii) a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament; (b) where the power is exercised by the Welsh Ministers (see section 17(2C))— (i) the regulations are to be made by statutory instrument, and (ii) a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of Senedd Cymru; (c) where the power is exercised by the Scottish Ministers (see section 17(2C)), the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

Electric vehicle charge points etc

Installation of electric vehicle charge points

49

• (1) Section 48 of the New Roads and Street Works Act 1991 (streets, street works and undertakers) is amended as set out in subsections (2) to (5).

• (2) After subsection (3), insert—

(3ZA) In this Part “street works” also includes works of any of the following kinds executed in a street in England in pursuance of a street works permit— (a) placing apparatus that is a public charge point, or (b) inspecting, maintaining, adjusting, repairing, altering, renewing, changing the position of or removing apparatus that is a public charge point, or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).

• (3) In subsection (3A), in the words before paragraph (a), after “(3)” insert “or (3ZA)”.

• (4) In subsection (4)—

• (a) for “in relation to street works” substitute

— (a) in relation to street works mentioned in subsection (3),

• (b) at the end insert—

(b) in relation to street works described in subsection (3ZA), means the person who in accordance with the street works permit is permitted to carry out the works.

• (5) In subsection (5)—

• (a) from “are to” to “licence” substitute

(including public charge points) are to the person entitled, by virtue of— (a) a statutory right, (b) a street works licence, or (c) where the apparatus is a public charge point installed in England in pursuance of a street works permit, the permit,

• (b) after (3) insert “or (3ZA)”.

• (6) In section 51 of that Act (prohibition of unauthorised street works), in subsection (3) for “works for” to the end substitute

— (a) works for road purposes, (b) emergency works of any description, or (c) street works as described in section 48(3ZA) (works relating to public charge points executed in a street in England in pursuance of a street works permit).

• (7) In section 105(1) of that Act (minor definitions)—

• (a) at the appropriate places insert—

• “public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public;

• “street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004;

• (b) in the definition of “statutory right”, for the words from “a right exercisable” to the end substitute—

(a) a right exercisable by virtue of a street works licence, or (b) a right, exercisable by virtue of a street works permit, to carry out street works described in section 48(3ZA).

• (8) In section 106 of that Act (index of defined expressions)—

• (a) at the appropriate places insert—

• (b) in the entry for “street works”, after “48(3)” insert “and (3ZA)”.

• (9) In section 115E of the Highways Act 1980 (execution of works and use of objects etc. by persons other than councils)—

• (a) in subsection (1), for “(5)” substitute “(6)”;

• (b) after subsection (5) insert—

(6) A council may not under this section grant a person permission to do anything relating to a public charge point in England which is capable of being authorised by a street works permit or a street works licence. (7) In this section— - “public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public; - “street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004.

Accessibility of public charging or refuelling points

50

In section 10 of the Automated and Electric Vehicles Act 2018 (public charging or refuelling points: access, standards and connection) at the end insert—

(5) Regulations may impose requirements in connection with the accessibility of public charging or refuelling points in England, Wales and Scotland, such as requirements relating to— (a) the design of the point, (b) the location, placement or surroundings of the point, and (c) the provision of assistance in using the point. (6) Regulations under subsection (5) may prescribe requirements by reference to technical standards or specifications published by a person specified in the regulations (including standards or specifications as amended from time to time). (7) Regulations under subsection (5) may impose requirements on any person, including— (a) persons making, supplying, importing, operating or installing public charging or refuelling points; (b) the owners or occupiers of land on which public charging or refuelling points are situated. (8) Regulations under subsection (5) may not impose requirements on owners or occupiers of domestic premises.

Part 2 — Planning

Chapter 1 — Planning decisions

Fees for planning applications etc

51

• (1) Section 303 of the Town and Country Planning Act 1990 (fees for planning applications etc) is amended as set out in subsections (2) to (5).

• (2) After subsection (5) insert—

(5A) Regulations made by the Secretary of State under subsection (1) or (2) may authorise or require a local planning authority in England to set the level of a fee or charge. (5B) Regulations under subsection (1ZA) may authorise or require the Mayor of London or a specified person to set the level of a fee or charge. (5C) Provision made in reliance on subsection (5A) or (5B) must include provision about— (a) consultation to be carried out in relation to the setting of the level of a fee or charge; (b) the criteria to be applied when setting the level of a fee or charge; (c) publication of information or reports; (d) obligations to notify the Secretary of State; (e) reviews of the level of a fee or charge.

• (3) After subsection (8A) insert—

(8B) Where— (a) a local planning authority in England, the Mayor of London or a specified person calculates the amount of a fee or charge in pursuance of regulations under subsection (1) or (1ZA), or (b) a local planning authority in England, the Mayor of London or a specified person sets the level of a fee or charge in pursuance of regulations under subsection (1), (1ZA) or (2), the fee or charge must be calculated or set with a view to ensuring that, so far as possible, it does not exceed the cost of carrying out the function in respect of which it is imposed. (8C) A local planning authority in England, the Mayor of London or a specified person must secure that their income from fees or charges paid in pursuance of regulations made under subsection (1), (1ZA) or (2) is applied towards the carrying out of functions that the authority, Mayor or person has that fall within subsection (8D). (8D) The functions that fall within this subsection are— (a) functions under— (i) Part 3, (ii) in Part 7, section 191 or 192, or (iii) Part 8; (b) in the case of the Mayor of London, functions under section 2A and related functions under sections 2B to 2F; (c) functions under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990; (d) functions under section 17 of the Land Compensation Act 1961; (e) functions specified for the purposes of this paragraph in regulations made by the Secretary of State, other than functions in connection with applications made in legal proceedings.

• (4) In subsection (10), after “planning authority” insert “in Wales”.

• (5) Omit subsection (10A).

• (6) After section 303 of the Town and Country Planning Act 1990 insert—

(303ZZA) (1) This section applies where— (a) by virtue of section 303(5A) or (5B), a local planning authority in England, the Mayor of London or a specified person (a “charging authority”) has set or is proposing to set its own fee or charge in respect of a matter, and (b) the Secretary of State considers that the fee or charge is set or proposed to be set at a level that is not appropriate. (2) The Secretary of State may direct the charging authority to review the level of the fee or charge. (3) A charging authority to which a direction is given under subsection (2) must— (a) review the fee or charge, and (b) notify the Secretary of State of its decision as a result of the review, giving reasons. (4) Subsection (5) applies where— (a) a charging authority fails to comply with subsection (3), or (b) a charging authority complies with that subsection but the Secretary of State considers that the fee or charge remains set at a level that is not appropriate. (5) The Secretary of State may direct that the fee or charge is to be of such amount as may be specified in, or determined in accordance with, the direction. (6) The Secretary of State may by regulations make provision— (a) about the time by which any requirement imposed by or under this section must be complied with; (b) about the fee or charge that is to apply while a charging authority reviews a fee or charge following a direction under subsection (2); (c) about repayment of the whole or part of any fee or charge where the level of the fee or charge is reduced as a result of a direction under subsection (2) or (5). (7) In this section “specified person” has the same meaning as in section 303.

Surcharge on planning fees

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In the Town and Country Planning Act 1990, after section 303ZZA (inserted by section 51) insert—

(303ZZB) (1) The Secretary of State may by regulations make provision for a surcharge to be imposed on a fee or charge paid— (a) to a local planning authority in England under section 303(1) or (2), (b) to the Mayor of London or a specified person under section 303(1ZA), or (c) to the Secretary of State under section 303(1A), (2), (3) or (4A). (2) Where regulations under subsection (1) provide for a surcharge to be imposed on a fee or charge paid to a person other than the Secretary of State, that person must pay to the Secretary of State the amount they receive from any surcharges— (a) subject to such deductions, and (b) at the times and in the manner, as set out in regulations under subsection (1). (3) Regulations under subsection (1) may— (a) specify the level of the surcharge as a percentage of the level of a fee or charge; (b) make different provision for different purposes, including setting different levels of surcharge for different fees, charges, cases or circumstances. (4) Regulations under subsection (1) may provide that where the level of the fee or charge has been set by— (a) a local planning authority under section 303(5A), or (b) the Mayor of London or a specified person under section 303(5B), the surcharge may be set as a percentage of the fee or charge that would be payable had the level of the fee or charge not been so set. (5) The Secretary of State must list in regulations the persons whose relevant costs the surcharge is intended to cover (“listed persons”). (6) In setting the level of the surcharge, the Secretary of State must have regard to the relevant costs of the listed persons, and must secure that, taking one financial year with another, the income from the surcharge does not exceed the relevant costs of the listed persons. (7) In subsections (5) and (6), “relevant costs” means the costs of providing advice, information or assistance (including the provision of a response to a consultation) in connection with— (a) applications, (b) proposed applications, or (c) proposals for a permission, approval or consent, that are made under or for the purposes of the planning Acts and that relate to land in England. (8) Regulations under subsection (1) may set the surcharge at a level that exceeds the costs of listed persons of providing advice, information or assistance in connection with the application, proposed application or proposal in respect of which the surcharge is imposed. (9) Paragraphs (a) to (f) of section 303(5) apply to regulations under this section as they apply to regulations under subsection (1), save that references to a fee or charge are to be read as references to the surcharge. (10) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Training for local planning authorities in England

53

In the Town and Country Planning Act 1990, after section 319 insert—

(319ZZA) (1) The Secretary of State may by regulations make provision for and in connection with the training of members of local planning authorities in their exercise of such relevant planning functions as are prescribed. (2) Such regulations must provide for satisfactory completion of the training to be evidenced by a certificate valid for a prescribed period (a “certificate of completion”). (3) A member of a local planning authority who does not hold a valid certificate of completion is prohibited from— (a) exercising the prescribed relevant planning functions on behalf of a local planning authority, or (b) being involved in exercising the prescribed relevant planning functions on behalf of a local planning authority as a member of a committee or any other body. (4) Regulations under subsection (1) may, in particular— (a) provide for accreditation by the Secretary of State of— (i) courses of training, and (ii) persons providing such courses; (b) impose requirements as to record-keeping, including by imposing such requirements on a training provider. (5) Regulations under subsection (1) must require a local planning authority to publish on their website which of their members hold valid certificates of completion. (6) The validity of anything done in the exercise of a prescribed relevant planning function is not affected by any breach of subsection (3). (7) In this section— (a) references to a local planning authority are to a local planning authority in England; (b) references to a member of a local planning authority include a person who (though not a member of a local planning authority) is an appointed member of a committee or sub-committee of a local planning authority. (8) This section applies in relation to a relevant planning function conferred on a mineral planning authority as if references to a local planning authority were to a mineral planning authority in England. (9) In this section, “relevant planning function” means— (a) a function under— (i) Part 3; (ii) in Part 7, sections 191(4) and 192(2); (iii) Part 8; (iv) in Part 10, section 257; (b) a function under section 17 of the Land Compensation Act 1961; (c) a function under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990; (d) a function of imposing or amending any condition, limitation or other restriction on a permission, approval or consent required by or under an enactment specified in paragraph (a) or (c); (e) an enforcement function exercisable in relation to— (i) development carried out without a permission, approval or consent required by or under an enactment specified in paragraph (a) or (c), or (ii) a failure to comply with any condition, limitation or other restriction of any such permission, approval or consent. (10) In subsection (9) any reference to a function under an enactment includes a function under an instrument made under the enactment. (319ZZB) (1) The Secretary of State may by regulations make provision for and in connection with the training of persons who may exercise relevant mayoral planning functions in their exercise of such relevant mayoral planning functions as are prescribed. (2) Such regulations must provide for satisfactory completion of the training to be evidenced by a certificate valid for a prescribed period (a “certificate of completion”). (3) A mayor is prohibited from exercising the prescribed relevant mayoral planning functions without a valid certificate of completion. (4) A person who is authorised (by or under any enactment or by arrangements made by a mayor) to exercise a prescribed relevant mayoral planning function on behalf of a mayor is prohibited from exercising such a function, or being involved in the exercise of such a function as a member of a committee or any other body, without a valid certificate of completion. (5) Regulations under subsection (1) may, in particular— (a) provide for accreditation by the Secretary of State of— (i) courses of training, and (ii) persons providing such courses; (b) impose requirements as to record-keeping, including by imposing such requirements on a training provider. (6) The validity of anything done in the exercise of a prescribed relevant mayoral planning function is not affected by any breach of subsection (3) or (4). (7) In subsections (3) and (4), references to a mayor are to— (a) the Mayor of London, (b) a mayor for the area of a combined authority, and (c) a mayor for the area of a combined county authority. (8) In this section “relevant mayoral planning function” means— (a) any of the functions of the Mayor of London specified in subsection (9), and (b) any functions of a mayor for the area of a combined authority or a mayor for the area of a combined county authority which correspond to the functions of the Mayor of London specified in subsection (9). (9) The functions of the Mayor of London referred to in subsection (8) are as follows— (a) the function of— (i) giving a direction under section 2A(1) or (1B); (ii) giving a direction under section 74(1B)(a); (b) the function of determining an application by virtue of section 2A or 2B, and related functions under sections 2C and 2F; (c) a function under section 2E; (d) the function of making a Mayoral development order under section 61DA; (e) a function exercisable in connection with a Mayoral development order. (10) In this section— - “combined authority” means a combined authority established under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009; - “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

Delegation of planning decisions in England

54

• (1) In the Town and Country Planning Act 1990, after section 319ZZB (inserted by section 53) insert—

(319ZZC) (1) The Secretary of State may by regulations require a relevant local planning authority to make arrangements under section 101 of the 1972 Act for such relevant planning functions as are prescribed— (a) to be discharged by a committee, sub-committee or officer of the authority; (b) to be discharged by a committee, sub-committee or officer of the authority in prescribed circumstances. (2) The regulations may — (a) prescribe the terms of the arrangements (which may include exceptions) and any permitted variations in those terms; (b) provide for the arrangements to confer a discretion on any person in connection with the delegation of a function. (3) Where arrangements required by the regulations are in force in relation to a relevant planning function, the function may only be exercised in accordance with the arrangements (and section 101(4) of the 1972 Act does not apply). (319ZZD) (1) The Secretary of State may by regulations prescribe requirements relating to the size and composition of a committee or sub-committee by which such relevant planning functions as are prescribed are to be discharged. (2) A relevant local planning authority may not arrange for a relevant planning function to be discharged by a committee or sub-committee of the authority which fails to satisfy a requirement imposed by regulations under this section in relation to the discharge of that function. (3) If a committee or sub-committee discharging a relevant planning function fails to satisfy such a requirement, paragraph 43 of Schedule 12 to the 1972 Act (validity of proceedings) does not apply in relation to the failure. (319ZZE) (1) Sections 101 and 102 of the 1972 Act have effect subject to sections 319ZZC and 319ZZD and any regulations made under them. (2) Where arrangements are in force under section 101(5) of the 1972 Act for two or more relevant local planning authorities to discharge any of their relevant planning functions jointly, sections 319ZZC and 319ZZD apply in relation to those functions as if— (a) references to a committee or sub-committee of a relevant local planning authority were references to a joint committee or sub-committee of those authorities; (b) references to an officer of a relevant local planning authority were references to an officer of any of those authorities. (3) Regulations under sections 319ZZC and 319ZZD may— (a) make different provision for different relevant local planning authorities; (b) make different provision for cases where two or more such authorities have made arrangements under section 101(1)(b) or (5) of the 1972 Act for the discharge of any of their relevant planning functions. (4) In operating arrangements required by regulations under section 319ZZC, relevant local planning authorities must have regard to any relevant guidance issued by the Secretary of State. (5) In making arrangements for the discharge of a function prescribed in regulations under section 319ZZD, relevant local planning authorities must have regard to any relevant guidance issued by the Secretary of State. (6) The Secretary of State must consult such persons as the Secretary of State considers appropriate before— (a) making regulations under section 319ZZC or 319ZZD, or (b) issuing guidance under subsection (4) or (5). (7) Sections 319ZZC and 319ZZD and this section apply in relation to a relevant planning function conferred on a relevant mineral planning authority as if references to a relevant local planning authority were to a relevant mineral planning authority. (319ZZF) (1) In sections 319ZZC to section 319ZZE, “relevant local planning authority” means a local planning authority in England which is an authority to which sections 101 and 102 of the 1972 Act apply, except that it does not include— (a) a National Park authority, or (b) the Broads Authority. (2) In section 319ZZE, “relevant mineral planning authority” means a mineral planning authority in England which is an authority to which sections 101 and 102 of the 1972 Act apply, except that it does not include a National Park authority. (3) In sections 319ZZC to 319ZZE, “relevant planning function” has the same meaning as in section 319ZZA (see subsections (9) and (10) of that section). (4) In sections 319ZZC to 319ZZE and this section, “the 1972 Act” means the Local Government Act 1972.

• (2) In section 316 of the Town and Country Planning Act 1990 (land of interested planning authorities and development by them), in subsection (3), in the words after paragraph (b), after “under” insert “sections 319ZZC to 319ZZE or”.

• (3) In section 333 of the Town and Country Planning Act 1990 (regulations and orders), after subsection (3ZAA), insert—

(3ZAB) The first regulations under section 319ZZC or 319ZZD may not be made unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

Directions giving deemed planning permission: special regard to heritage assets

55

• (1) In section 90 of the Town and Country Planning Act 1990 (directions deeming planning permission to be granted for certain development with government authorisation), after subsection (2A) insert—

(2B) Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (special regard to listed buildings) applies to a government department or the Secretary of State in considering whether to make a direction under this section as it applies to the Secretary of State in considering whether to grant planning permission.

• (2) In section 90(2B) of that Act (inserted by subsection (1))—

• (a) for “applies”, in the first place it appears, substitute “and section 58B of this Act (special regard to other heritage assets) apply”;

• (b) for “it applies” substitute “they apply”.

Planning permission etc: extension of time in event of legal challenge

56

• (1) The Town and Country Planning Act 1990 is amended as set out in subsections (2) and (3).

• (2) In section 91 (general condition limiting duration of planning permission), for subsections (3A) and (3B) substitute—

(3A) In subsections (3B) to (3BB)— - “implementation period” means the period before the end of which a development to which a planning permission relates must be begun (see subsections (1) and (3)); - “relevant proceedings” means proceedings to challenge the validity, in respect of the development of land in England, of a grant of planning permission or of a deemed grant of planning permission. (3B) If a person is given permission by a court to bring relevant proceedings, the implementation period is extended by one year. (3BA) If a party to relevant proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, the implementation period is extended by one year. (3BB) If a party to relevant proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, the implementation period is extended by two years. (3BC) Any extension of a period under subsection (3B), (3BA) or (3BB) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap). (3BD) Any extension of a period under subsection (3BA) is to run consecutively to the previous extension of the period under subsection (3B) (if they would otherwise overlap). (3BE) Any extension of a period under subsection (3BB) is to run consecutively to the previous extension of the period under subsection (3B) and any previous extension of the period under subsection (3BA) (if they would otherwise overlap). (3BF) The references in subsections (3BA) and (3BB) to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).

• (3) After section 92 insert—

(92A) (1) This section applies where a person is given permission by a court to bring proceedings challenging the validity, in respect of the development of land in England, of— (a) a grant (or deemed grant) of outline planning permission, or (b) the approval of reserved matters under such a permission. (2) Any reserved matters application period or implementation period that is running when the court gives permission to bring the proceedings is extended by one year. (3) If a party to the proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by one year. (4) If a party to the proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by two years. (5) Any extension of a period under subsection (2), (3) or (4) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap). (6) Any extension of a period under subsection (3) is to run consecutively to the previous extension of the period under subsection (2) (if they would otherwise overlap). (7) Any extension of a period under subsection (4) is to run consecutively to the previous extension of the period under subsection (2) and any previous extension of the period under subsection (3) (if they would otherwise overlap). (8) For the purposes of subsections (2) to (4), an implementation period that is determined by reference to an approval of a reserved matter starts to run when the reserved matters application is made (and the reserved matters application period ceases to run at that point). (9) Subsection (10) applies if a reserved matters application is made without taking advantage of an extension under this section. (10) Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of days by which the reserved matters application period is extended under this section. (11) Subsection (12) applies if a reserved matters application period is extended (or further extended) under this section and the reserved matters application is made taking advantage of the extension but before the end of the period as extended. (12) Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of whole days remaining in the reserved matters application period (as extended) when the reserved matters application is made. (13) In this section— - “implementation period”, in relation to a grant of outline planning permission, means the period before the end of which development to which the permission relates must be begun (see section 92(2)(b), (4) and (5)); - “outline planning permission” has the same meaning as in section 92; - “reserved matters application” means an application for the approval of a reserved matter in pursuance of section 92; - “reserved matters application period”, in relation to a grant of outline planning permission, means the period before the end of which a reserved matters application relating to the permission is required to be made (see section 92(2)(a), (4) and (5)). (14) In this section, references to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).

• (4) In the Planning (Listed Buildings and Conservation Areas) Act 1990, in section 18 (limit of duration of listed buildings consent), for subsections (2A) and (2B) substitute—

(2A) In subsections (2A) to (2BB)— - “implementation period” means the period before the end of which works to which a listed building consent relates are required to be begun in pursuance of subsection (1) or (2); - “relevant proceedings” means proceedings to challenge the validity of a grant of listed building consent or of a deemed grant of listed building consent. (2B) If a person is given permission by a court to bring relevant proceedings, the implementation period is extended by one year. (2BA) If a party to relevant proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, the implementation period is extended by one year. (2BB) If a party to relevant proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, the implementation period is extended by two years. (2BC) Any extension of a period under subsection (2B), (2BA) or (2BB) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap). (2BD) Any extension of a period under subsection (2BA) is to run consecutively to the previous extension of the period under subsection (2B) (if they would otherwise overlap). (2BE) Any extension of a period under subsection (2BB) is to run consecutively to the previous extension of the period under subsection (2B) and any previous extension of the period under subsection (2BA) (if they would otherwise overlap). (2BF) The references in subsections (2BA) and (2BB) to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).

• (5) The amendments made by subsections (2) and (4) do not operate to extend any implementation period that has already expired.

• (6) In relation to proceedings begun before the day on which subsection (2) comes into force (“the commencement date”)—

• (a) any extension of time under section 91(3B) of the Town and Country Planning Act 1990 that had already arisen before the commencement date as a result of those proceedings is unaffected;

• (b) subsections (3B) to (3BB) of section 91 of that Act (as inserted by subsection (2)) apply so far as any event in the proceedings giving rise to an extension of time under those subsections occurs on or after the commencement date, but not otherwise.

• (7) In relation to proceedings begun before the day on which subsection (3) comes into force, section 92A of the Town and Country Planning Act 1990 (inserted by subsection (3)) applies so far as any event in the proceedings giving rise to an extension of time under that section occurs on or after that day, but not otherwise.

• (8) In relation to proceedings begun before the day on which subsection (4) comes into force (“the commencement date”)—

• (a) any extension of time under section 18(2B) of the Planning (Listed Buildings and Conservation Areas) Act 1990 that had already arisen before the commencement date as a result of those proceedings is unaffected;

• (b) subsections (2B) to (2BB) of section 18 of that Act (as inserted by subsection (4)) apply so far as any event in the proceedings giving rise to an extension of time under those subsections occurs on or after the commencement date, but not otherwise.

Provision of advice by Natural England to public authorities

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• (1) The Natural Environment and Rural Communities Act 2006 is amended as set out in subsections (2) and (3).

• (2) In section 4 (advice)—

• (a) after subsection (1) insert—

(1A) Natural England is not required by subsection (1) to give advice in response to a request to which subsection (1B) applies that is made by a public authority other than a Minister of the Crown. (1B) This subsection applies to a request for advice relating to— (a) a specific development that requires, but has not been granted, planning permission under section 57 of the Town and Country Planning Act 1990 (“the 1990 Act”), (b) an application for any consent, agreement or approval required by a condition imposed on a grant of planning permission required under that section, (c) permission in principle for a specific development under section 58A of the 1990 Act, and (d) the approval of a reserved matter within the meaning of section 92 of the 1990 Act. (1C) Natural England may give advice in response to a request to which it is not required to respond as a result of subsection (1A).

• (b) in subsection (2), after “(1)” insert “or (1C)”.

• (3) After section 4 insert—

(4A) (1) Natural England must prepare and publish a statement setting out how it intends to deal with requests for advice which it is not required to give as a result of section 4(1A). (2) Natural England must review the statement before the end of— (a) the period of five years beginning with the day on which it is first published, and (b) each successive period of five years. (3) Natural England may review the statement more than once during any of those periods. (4) Natural England may revise the statement following a review. (5) Natural England must publish any revised statement. (6) Before publishing a statement (including a revised statement) under this section, Natural England must— (a) consult the Secretary of State, and (b) make any changes to the statement that the Secretary of State may require in response. (7) But the duty in subsection (6) does not apply in relation to the publication of a revised statement which, in the opinion of Natural England, contains no substantial revisions. (8) The Secretary of State may require a change as mentioned in subsection (6)(b) only if the Secretary of State considers that the change would promote Natural England’s general purpose.

• (4) The duties imposed by section 4A(6) of the Natural Environment and Rural Communities Act 2006, as inserted by subsection (3), may be satisfied by consultation carried out, and changes made, before this section comes into force.

Chapter 2 — Spatial development strategies

Spatial development strategies

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• (1) Before section 13 of the Planning and Compulsory Purchase Act 2004 insert—