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Planning and Infrastructure Act 2025

Type Public General Act

Publication 2025-12-18

Last updated 2026-08-01

State In force

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(6) For the purposes of subsection (1)(c), the relevant time is the date on which any of the following occurs— (a) in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies— (i) the compulsory purchase order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981; (ii) the compulsory purchase order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act; (iii) a decision is made under section 13BA(2)(a) of that Act (decision that conditions subject to which order was confirmed have been met); (iv) a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met); (b) in the case of a compulsory acquisition which is to be authorised by any other order, the order is made or confirmed in accordance with the procedures which apply by virtue of the Act under which it is made; (c) in the case of a compulsory acquisition which does not fall within paragraph (a) or (b) and which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, a notice to treat is deemed to have been served; (d) in the case of a compulsory acquisition which does not fall within paragraph (a), (b) or (c) and which is to be authorised by a special enactment, the enactment is passed. (6A) In subsection (6)— - “special enactment” means— a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or a provision which— is contained in an Act other than a local or private Act, and authorises the compulsory acquisition of land specifically identified in that Act; references to a compulsory acquisition are to the compulsory acquisition of the person’s interest in land.

(6) The amendments made by subsections (2) to (5) do not apply in relation to a compulsory acquisition where any notice of the compulsory acquisition was given before this section came into force.

(7) For the purposes of subsection (6), notice of a compulsory acquisition is given—

(a) in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—

(i) on the date of publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, that Act, in accordance with that Act, or

(ii) on the date of service of the notice required by section 12 of, or (as the case may be) paragraph 3 of Schedule 1 to, that Act, in accordance with that Act;

(b) in the case of a compulsory acquisition which is to be authorised by any other order, on the date of publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance with that Act;

(c) in the case of a compulsory acquisition which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, on the date on which that notice is served;

(d) in the case of a compulsory acquisition which is to be authorised by a special enactment, on the date of publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business.

(8) In this section, “special enactment” means—

(a) a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or

(b) a provision which—

(i) is contained in an Act other than a local or private Act, and

(ii) authorises the compulsory acquisition of land specifically identified in that Act.

Temporary possession of land in connection with compulsory purchase

112

In section 18 of the Neighbourhood Planning Act 2017 (power to take temporary possession of land), for subsection (3) substitute—

(3) Subject to— (a) any express provision in another Act; (b) any provision in an order granting development consent made under section 114 of the Planning Act 2008; (c) any provision in an order made under section 1 or 3 of the Transport and Works Act 1992; (d) any provision in an order granting infrastructure consent made under section 60 of the Infrastructure (Wales) Act 2024 (asc 3); the power in subsection (2) is the only power under which a person may take temporary possession of land compulsorily.

Amendments relating to section 14A of the Land Compensation Act 1961

113

(1) The Acquisition of Land Act 1981 is amended as set out in subsections (2) to (4).

(2) In section 14A (confirmation by acquiring authority), omit subsection (2A) (power for acquiring authority to confirm order not applicable where compensation is assessed in accordance with section 14A of Land Compensation Act 1961).

(3) In Schedule 2A (enactments eligible for directions applying section 14A of the Land Compensation Act 1961), before paragraph 1 insert—

(A1) Section 125 of the Local Government Act 1972 (compulsory acquisition of land on behalf of parish or community councils).

(4) In section 15A (directions applying section 14A of the Land Compensation Act 1961)—

(a) in subsection (5), after “paragraphs” insert “A1 or”;

(b) in subsection (8)(b), after “paragraphs” insert “A1 or”.

(5) The Land Compensation Act 1973 is amended as set out in subsections (6) to (9).

(6) In section 30 (amount of home loss payment in England and Wales), in subsection (3)(a), at the end (but before the “and”) insert “(and in a case where the compulsory purchase order authorising the acquisition directs that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored), the market value is the value assessed in accordance with that section)”.

(7) In section 33A (basic loss payment), in subsection (6), after “acquisition” insert “(including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored))”.

(8) In section 33B (occupier’s loss payment: agricultural land), in subsection (5), after “acquisition” insert “(including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored))”.

(9) In section 33C (occupier’s loss payment: other land), in subsection (5), after “acquisition” insert “(including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored))”.

New powers to appoint an inspector

114

(1) In Part 1 of Schedule 4 to the New Towns Act 1981 (procedure for authorising compulsory acquisitions by development corporations and local highway authorities), after paragraph 4 insert—

(4A) (1) The confirming authority may appoint a person (“an inspector”) to act instead of it in relation to the confirmation of a compulsory purchase order under this Schedule. (2) An inspector may be appointed to act in relation to— (a) a specific compulsory purchase order, or (b) a description of compulsory purchase orders. (3) An inspector has the same functions as the confirming authority under paragraphs 2(1)(b), 3, 4, 5A, 7 and 8. (4) Where an inspector is appointed in relation to a compulsory purchase order, the confirming authority must inform— (a) every person who has made a relevant objection that has not been withdrawn, and (b) the acquiring authority. (5) Where an inspector decides whether or not to confirm the whole or part of a compulsory purchase order, the inspector’s decision is to be treated as that of the confirming authority. (6) The confirming authority may at any time— (a) revoke its appointment of an inspector, and (b) appoint another inspector. (7) If the confirming authority revokes its appointment of an inspector while the inspector is acting in relation to a compulsory purchase order and does not replace the inspector, the confirming authority must give the reasons for doing so— (a) to the inspector whose appointment has been revoked, and (b) to all those informed under sub-paragraph (4). (8) Where in any enactment there is a provision that applies in relation to a confirming authority acting in relation to the confirmation of a compulsory purchase order under this Schedule, that provision is to be read as applying equally in relation to an inspector so far as the context permits. (9) In this paragraph— - “confirming authority” means— in a case where the compulsory purchase order relates to land in England, the Secretary of State, and in a case where the compulsory purchase order relates to land in Wales, the Welsh Ministers (see article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and paragraph 30 of Schedule 11 to the Government of Wales Act 2006); - “relevant objection” means an objection that is treated as duly made for the purposes of this Schedule (see paragraph 4(1)).

(2) Schedule 2A to the Land Compensation Act 1961 (additional compensation where section 14A applied) is amended as follows.

(3) After paragraph 1 insert—

(1A) (1) A confirming authority may appoint a person (“an inspector”) to exercise the functions of the confirming authority in relation to an application made to it under paragraph 1(2). (2) Where a confirming authority appoints an inspector under sub-paragraph (1), the confirming authority must inform— (a) the acquiring authority, and (b) the person who made the application. (3) A decision by an inspector as to whether the conditions in paragraph 1(3) are met is to be treated as a decision by the confirming authority. (4) A direction under paragraph 1(2) made by an inspector is to be treated as a direction of the confirming authority. (5) The confirming authority may at any time— (a) revoke its appointment of an inspector, and (b) appoint another inspector. (6) If the confirming authority revokes its appointment of an inspector while the inspector is exercising functions in relation to an application made under paragraph 1(2) and does not replace the inspector, the confirming authority must give the reasons for doing so— (a) to the inspector whose appointment has been revoked, and (b) to all those informed under sub-paragraph (2). (7) Where in any enactment there is a provision that applies in relation to a confirming authority exercising functions in relation to an application under paragraph 1(2), that provision is to be read as applying equally in relation to an inspector so far as the context permits.

(4) In paragraph 7(1)(b) (regulations about procedure), after “confirming authority” insert “or an inspector”.

Part 6 — Miscellaneous and general provision

Reporting on extra-territorial environmental outcomes

115

In Part 6 of the Levelling-up and Regeneration Act 2023 (environmental outcome reports), in section 152(1) (power to specify environmental outcomes), for “a relevant offshore area” substitute “elsewhere”.

The Crown

116

The amendments made by this Act bind the Crown to the extent that the provisions amended bind the Crown.

Extent

117

(1) Subject to subsection (2), an amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.

(2) Paragraphs 40 and 44 of Schedule 5 extend to England and Wales only.

(3) A provision of this Act, other than an amendment, repeal or revocation, extends to England and Wales only, subject to subsections (4) to (6).

(4) The following provisions extend to England and Wales and Scotland—

(a) sections 14 to 17;

(b) section 19 (6);

(d) section 30;

(e) section 47.

(5) The following provisions extend to Scotland only—

(a) section 25;

(b) section 46.

(6) Section 116, this section and sections 118 and 119 extend to England and Wales, Scotland and Northern Ireland.

Commencement and transitional provision

118

(1) In Part 1—

(a) sections 1 and 2 come into force on such day as the Secretary of State may by regulations appoint;

(b) section 3 comes into force on the day on which this Act is passed;

(d) section 10 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(e) sections 11 to 13 come into force on such day as the Secretary of State may by regulations appoint;

(f) sections 14 to 18 come into force on the day on which this Act is passed;

(g) in section 19—

(i) subsections (1) and (2), subsection (4) so far as it confers powers to make regulations, and subsections (5) and (6) come into force on the day on which this Act is passed;

(ii) subsection (3), and subsection (4) for remaining purposes, come into force at the end of the period of two months beginning with the day on which this Act is passed;

(h) section 20 comes into force at the end of the period of two months beginning with the day on which this Act is passed, except that it comes into force on the day on which this Act is passed so far as it confers power to make regulations;

(i) section 21 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(j) sections 22 and 23 come into force on the day on which this Act is passed;

(k) section 24 and Schedule 1 come into force at the end of the period of two months beginning with the day on which this Act is passed, except that paragraph 7 of Schedule 1 comes into force on such day as the Secretary of State may by regulations appoint;

(l) section 25 comes into force on the day on which this Act is passed;

(m) section 26 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(n) section 27 comes into force on the day on which this Act is passed;

(o) section 28 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(p) section 29 comes into force at the end of the period of two months beginning with the day on which this Act is passed, except that it comes into force on the day on which this Act is passed so far as it confers power to make regulations;

(q) section 30 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(r) sections 31 and 32 come into force at the end of the period of two months beginning with the day on which this Act is passed;

(s) section 33 comes into force on such day as the Secretary of State may by regulations appoint;

(t) sections 34 and 35 come into force at the end of the period of two months beginning with the day on which this Act is passed;

(u) section 36 comes into force on such day as the Secretary of State may by regulations appoint;

(v) sections 37 to 39 come into force at the end of the period of two months beginning with the day on which this Act is passed;

(w) in section 40—

(i) subsections (1) and (2) come into force at the end of the period of two months beginning with the day on which this Act is passed;

(ii) subsection (3) comes into force on such day as the Secretary of State may by regulations appoint;

(x) sections 41 and 42 come into force at the end of the period of two months beginning with the day on which this Act is passed;

(y) section 43 comes into force on such day as the Secretary of State may by regulations appoint;

(z) sections 44 and 45 come into force at the end of the period of two months beginning with the day on which this Act is passed;

(z1) section 46 comes into force on the day on which this Act is passed;

(z2) section 47 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(z3) section 48 (1), (4) and (5) come into force at the end of the period of two months beginning with the day on which this Act is passed;

(z4) section 48 (2) and (3) come into force—

(i) in relation to applications made to the Secretary of State, on the day on which the first relevant regulations made by the Secretary of State come into force;

(ii) in relation to applications made to the Scottish Ministers, on the day on which the first relevant regulations made by the Scottish Ministers come into force;

(iii) in relation to applications made to the Welsh Ministers, on the day on which the first relevant regulations made by the Welsh Ministers come into force;

and in this paragraph “relevant regulations” means regulations under paragraph 9A of Schedule 3 to the Harbours Act 1964 (inserted by section 48 (4));

(z5) sections 49 and 50 come into force on such day as the Secretary of State may by regulations appoint.

(2) In Part 2—

(a) section 51 comes into force on such day as the Secretary of State may by regulations appoint, except that it comes into force on the day on which this Act is passed so far as it confers power to make regulations;

(b) sections 52 and 53 come into force at the end of the period of two months beginning with the day on which this Act is passed;

(i) subsection (1) comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(ii) subsection (2) comes into force on such day as the Secretary of State may by regulations appoint;

(d) in section 55—

(i) subsection (1) comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(ii) subsection (2) comes into force at the same time as section 102(1) of the Levelling-up and Regeneration Act 2023;

(e) section 56 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(f) section 57 comes into force on such day as the Secretary of State may by regulations appoint;

(g) section 58 (1), (2) and (3) and Schedule 2 come into force on such day as the Secretary of State may by regulations appoint, except that section 58 (1) comes into force on the day on which this Act is passed so far as it confers power to make regulations;

(h) section 58 (4) to (8) come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3) Part 3 (including Schedules 3, 4 and 5) comes into force on such day as the Secretary of State may by regulations appoint, except that paragraph 14 (2) of Schedule 5 comes into force at the same time as section 106 of the Levelling-up and Regeneration Act 2023.

(4) Part 4 comes into force on such day as the Secretary of State may by regulations appoint.

(5) In Part 5—

(a) section 105 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(b) section 106 comes into force on such day as the Secretary of State may by regulations appoint;

(c) section 107 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(d) sections 108 and 109 come into force on such day as the Secretary of State may by regulations appoint;

(e) sections 110 and 111 come into force at the end of the period of two months beginning with the day on which this Act is passed;

(f) section 112 comes into force at the same time as section 18 of the Neighbourhood Planning Act 2017;

(g) in section 113—

(i) subsections (1), (2) and (5) to (9) come into force at the end of the period of two months beginning with the day on which this Act is passed;

(ii) subsections (3) and (4) come into force on such day as the Secretary of State may by regulations appoint;

(h) section 114 comes into force at the end of the period of two months beginning with the day on which this Act is passed.

(6) In this Part—

(a) section 115 comes into force at the end of the period of two months beginning with the day on which this Act is passed;

(b) sections 116 to 119 come into force on the day on which this Act is passed.

(7) The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

(8) Regulations under this section—

(a) are to be made by statutory instrument;

(b) may make different provision for different purposes or different areas.

Short title

119

This Act may be cited as the Planning and Infrastructure Act 2025.

Schedule 1 — Minor and consequential amendments to the Electricity Act 1989

1

Part 1 of the Electricity Act 1989 (electricity supply) is amended as follows.

2

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

(2) In subsection (3), for “Secretary of State” substitute “appropriate authority”.

(3) In subsection (5A)—

(a) for “the Water Environment (Controlled Activities) (Scotland) Regulations 2005” substitute “the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)”;

(b) for “Secretary of State” substitute “Scottish Ministers”.

(4) After subsection (5A) insert—

(5AA) If regulations under paragraph 7B of Schedule 8 specify a time by which the Scottish Environment Protection Agency must give advice under subsection (5A), the duty on the Scottish Ministers to have regard to the advice does not apply in relation to any advice given after the time specified.

(5) In subsection (5B), for “the Water Environment (Controlled Activities) (Scotland) Regulations 2005” substitute “the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)”.

3

(1) Section 36B (duties in relation to navigation) is amended as follows.

(2) In subsection (4)(b)—

(a) for “Secretary of State” substitute “appropriate authority”;

(b) for “his” substitute “its”.

(3) In subsection (7), before the definition of “consent” insert—

“appropriate authority” has the same meaning as in section 36;

4

In section 36C, for the heading substitute “Application for variation of section 36 consent”.

5

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

(2) In subsection (1), for “Secretary of State” substitute “appropriate authority”.

(3) In subsection (3)—

(a) in paragraph (a), for “Secretary of State” substitute “appropriate authority”;

(b) in paragraph (b), at the beginning insert “in the case of a consent granted by the Secretary of State,”;

(ba) in the case of a consent granted by the Scottish Ministers, may be revoked by the Scottish Ministers at any time after the end of such period as may be specified in the consent (see sections 37A to 37C as regards the variation of consents granted by the Scottish Ministers);

(d) in paragraph (c), for “paragraph (b)” substitute “paragraphs (b) and (ba)”.

(4) At the end insert—

(6) In this section “appropriate authority” means— (a) the Scottish Ministers, in relation to an electric line installed above land in Scotland; (b) the Secretary of State in all other cases.

6

Schedule 8 to the Electricity Act 1989 (consents of the Secretary of State and the Scottish Ministers under sections 36 and 37) is amended as follows.

7

In paragraph 1 (applications for consent)—

(a) in sub-paragraph (1), after “An application” insert “that is made to the Secretary of State”;

(b) in sub-paragraph (2), after “application” insert “that is made to the Secretary of State”;

(d) in the heading, after “Applications” insert “made to the Secretary of State”.

8

(1) Paragraph 3 (objections by other persons) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “Secretary of State”, in each place it occurs, substitute “appropriate authority”;

(b) in the words after paragraph (d), for “he” substitute “the appropriate authority”.

(3) In sub-paragraph (2)—

(a) for paragraph (a) (but not including the “but”) substitute—

(a) a public inquiry is not required by virtue of paragraph 2(2) or 2A;

(b) in paragraph (b), for “Secretary of State” substitute “appropriate authority”;

(i) for “Secretary of State” substitute “appropriate authority”;

(ii) for “he” substitute “the appropriate authority”.

9

(1) Paragraph 4 (public inquiries) is amended as follows.

(2) In sub-paragraph (1), in the words before paragraph (a), after “application” insert “that is made to the Secretary of State”.

(3) After sub-paragraph (3) insert—

(3A) Where in accordance with paragraph 2A or 3(2) a public inquiry is to be held in relation to an application that is made to the Scottish Ministers for consent under section 36 or 37 of this Act, and it appears to the Scottish Ministers that in addition to any public notice of such an inquiry any further notification concerning the inquiry is necessary or expedient (either by way of service of notice upon any person or in any other way), the Scottish Ministers may direct the applicant to take such further steps for this purpose as may be specified in the direction.

(4) In sub-paragraph (4)—

(a) after “2(2)” insert “, 2A”;

(b) for “Secretary of State” insert “appropriate authority”.

(5) Omit sub-paragraph (5).

10

(1) Paragraph 5 (provisions supplementary to paragraphs 2 to 4) is amended as follows.

(2) In sub-paragraph (1)—

(a) in the words before paragraph (a), after “2(2)” insert “, 2A”;

(b) in paragraph (a)—

(i) for “Secretary of State”, in both place it occurs, substitute “appropriate authority”;

(ii) for “he” substitute “the appropriate authority”;

(d) in the words after paragraph (b), for “Secretary of State” substitute “appropriate authority”.

(3) In sub-paragraph (2), for “Secretary of State”, in both places it occurs, substitute “appropriate authority”.

11

(1) Paragraph 6 (special provision as to consents under section 37) is amended as follows.

(2) In sub-paragraph (1)—

(a) for “Secretary of State”, in each place it occurs, substitute “appropriate authority”;

(b) in paragraph (a), for “he”, in both places it occurs, substitute “the appropriate authority”;

(3) In sub-paragraph (2)—

(a) in the words before paragraph (a), for “Secretary of State” substitute “appropriate authority”;

(b) in paragraph (b) for “his opinion” substitute “the opinion of the appropriate authority”.

12

(1) Paragraph 7A (generating stations not within areas of relevant planning authorities) is amended as follows.

(2) In sub-paragraph (6)(a), after “2(2)” insert “, 2A”.

(3) In sub-paragraph (7)—

(a) for “Secretary of State” substitute “appropriate authority”;

(b) after “2(2)” insert “or 2A”;

(4) In sub-paragraph (8)—

(a) for “Secretary of State” substitute “appropriate authority”;

(b) for “authority” substitute “planning authority”;

(5) In sub-paragraph (9), for “Secretary of State” substitute “appropriate authority”.

(6) In sub-paragraph (10), for “Secretary of State” substitute “appropriate authority”.

13

In paragraph 8 (supplemental), in paragraph (1), after “Schedule” insert

— - “appropriate authority” means— in the case of an application made to the Secretary of State, the Secretary of State; in the case of an application made to the Scottish Ministers, the Scottish Ministers;

Schedule 2 — Section 58: minor and consequential amendments

Town and Country Planning Act 1990

1

(1) Section 303A of the Town and Country Planning Act 1990 (responsibility of local planning authorities for costs of holding certain inquiries) is amended as follows.

(2) In subsection (1A), before paragraph (a) insert—

(zza) a public examination under section 12I or 12P (6)(a) of the Planning and Compulsory Purchase Act 2004;

(3) After subsection (1B) insert—

(1BA) Where the qualifying procedure is a public examination of a spatial development strategy under section 12I or 12P (6)(a) of the Planning and Compulsory Purchase Act 2004, the appropriate authority is the Secretary of State.

(4) In subsection (2), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”.

(5) In subsection (3), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”.

(6) In subsection (6), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”.

(7) In subsection (9A)—

(a) in the opening words and in paragraph (a), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”;

(b) for paragraph (b) substitute—

(b) the Secretary of State (or a person acting on the Secretary of State’s behalf) holds a public or independent examination in relation to a strategy, plan or document prepared by the local planning authority or strategic planning authority, or by the Secretary of State under section 12P (2)(a) or 15HA(2)(a) of that Act.

(8) After subsection (9B) (as inserted by paragraph 7(4) of Schedule 8 to LURA 2023) insert—

(9C) In a case where a qualifying procedure is carried out in relation to a spatial development strategy that is prepared by a strategic planning board under Part 1A of the Planning and Compulsory Purchase Act 2004 (see section 12B of that Act), the Secretary of State may for the purposes of this section apportion the amount that may be recovered in accordance with subsections (4) to (6) between the constituent authorities of the board, on such basis as the Secretary of State considers just and reasonable.

(9) After subsection (12) (as inserted by paragraph 7(6) of Schedule 8 to LURA 2023) insert—

(13) In this section “strategic planning authority” has the meaning given by section 12A of the Planning and Compulsory Purchase Act 2004.

Planning and Compulsory Purchase Act 2004

2

PCPA 2004 is amended as set out in paragraphs 3 to 5.

3

In section 15LH (interpretation) (as inserted by Schedule 7 to LURA 2023), in subsection (3), in the definition of “spatial development strategy”—

(a) in paragraph (b), after “adopted” insert “before Part 1A comes into force”;

(b) after paragraph (b) insert—

(ba) a spatial development strategy adopted before Part 1A comes into force by a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023; (bb) a spatial development strategy within the meaning of Part 1A (see section 12W (1));

4

In section 39A (assistance with plan making) (as inserted by section 100 of LURA 2023), in subsection (5), after paragraph (b) insert—

(ba) a spatial development strategy within the meaning of Part 1A (see section 12W (1));

5

In section 113 (validity of strategies, plans and documents)—

(a) in subsection (9)(f) (as inserted by paragraph 23(3)(c) of Schedule 8 to LURA 2023), after “adopted” insert “before Part 1A comes into force”;

(b) after subsection (9)(f) insert—

(fa) in the case of a spatial development strategy adopted before Part 1A comes into force by a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023, or any alteration or replacement of it, whichever provisions of (or applied by) an order under that Act give the combined county authority powers in relation to such a strategy; (fb) Part 1A of this Act in the case of a spatial development strategy within the meaning of that Part (see section 12W (1)), or any alteration or replacement of it.

Levelling-up and Regeneration Act 2023

6

LURA 2023 is amended as set out in paragraphs 7 to 11.

7

In section 91 (interpretation of Chapter 1 of Part 3), in the definition of “relevant planning authority”, after paragraph (e) insert—

(ea) a strategic planning authority (within the meaning given in section 12A of PCPA 2004),

8

In section 97 (plan making), omit “joint spatial development strategies,”.

9

In section 100 (assistance with plan making), in section 39A of PCPA 2004 inserted by that section, in subsection (5)(b), omit “or Part 2 of this Act”.

10

In Schedule 7 (plan making), omit the following provisions substituted for sections 15 to 37 of PCPA 2004—

(a) sections 15A to 15AI;

(b) the italic heading before section 15A;

(d) in section 15LH(3)—

(i) the definition of “joint spatial development strategy”;

(ii) paragraph (c) of the definition of “spatial development strategy”.

11

(1) Schedule 8 (minor and consequential amendments in connection with Chapter 2 of Part 3) is amended as follows.

(2) In paragraph 7, omit sub-paragraph (2)(a).

(3) In paragraph 21(a), in the words substituted for words in section 39(1)(b) of PCPA 2004, omit “joint spatial development strategy,”.

(4) In paragraph 23—

(a) in sub-paragraph (3)(c), omit paragraph (g) inserted into section 113(9) of PCPA 2004;

(b) in sub-paragraph (5), in subsection (13) inserted into section 113 of PCPA 2004, for “, “spatial development strategy for London” and “joint spatial development strategy”” substitute “and “spatial development strategy for London””.

(5) In paragraph 25—

(a) in paragraph (a), omit paragraph (za) inserted into section 122(5) of PCPA 2004;

(b) in paragraph (b), in the words inserted into section 122(6) of PCPA 2004, omit “(za),”.

(6) In paragraph 39(6), in paragraph (6)(a) inserted into regulation 108 of the Habitats Regulations, omit “joint spatial development strategy,”.

(7) In paragraph 40—

(a) in sub-paragraph (2)(a), in the words substituted for words in paragraph (b) of the definition of “land use plan” in regulation 111(1) of the Habitats Regulations, omit “joint spatial development strategy,”;

(b) in sub-paragraph (3)(a), omit sub-paragraph (aa) substituted for regulation 111(2)(a) and (b) of the Habitats Regulations.

Habitats Regulations

12

(1) Regulation 111 of the Habitats Regulations (interpretation of Chapter 8) is amended as follows.

(2) In paragraph (1), in the definition of “land use plan”—

(a) in paragraph (a), for “(the spatial development strategy)” substitute “(the spatial development strategy for London)”;

(b) after paragraph (a) insert—

(aa) a spatial development strategy as provided for in Part 1A of the 2004 Planning Act; (ab) a spatial development strategy of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, not being a spatial development strategy within paragraph (aa); (ac) a spatial development strategy of a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023, not being a spatial development strategy within paragraph (aa);

(3) In paragraph (1), in the definition of “plan-making authority”—

(a) in paragraph (a), after “replacement” insert “of the spatial development strategy for London”;

(b) after paragraph (a) insert—

(aa) a strategic planning authority (within the meaning given in section 12A of the 2004 Planning Act); (ab) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 when exercising powers in relation to a spatial development strategy specified in paragraph (ab) of the definition of “land use plan”; (ac) a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023 when exercising powers in relation to a spatial development strategy specified in paragraph (ac) of the definition of “land use plan;

(ia) section 12P or 12Q of the 2004 Planning Act (Secretary of State’s powers in relation to spatial development strategy);

(4) In paragraph (2)—

(a) in sub-paragraph (c), after “strategy”, in both places, insert “for London”;

(b) after sub-paragraph (c) insert—

(ca) the adoption or approval of a spatial development strategy or of an alteration of such a strategy under Part 1A of the 2004 Planning Act; (cb) the adoption or alteration of a spatial development strategy specified in paragraph (ab) of the definition of “land use plan”; (cc) the adoption or alteration of a spatial development strategy specified in paragraph (ac) of the definition of “land use plan”;

Interpretation

13

In this Schedule—

“PCPA 2004” means the Planning and Compulsory Purchase Act 2004;

“LURA 2023” means the Levelling-up and Regeneration Act 2023;

“Habitats Regulations” means the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).

Schedule 3 — Environmental delivery plans: effect on environmental obligations

Protected sites: assessments under Part 6 of the Habitats Regulations 2017

1

(1) Sub-paragraph (2) applies where—

(a) an environmental feature identified in an EDP in accordance with section 61 (1)(a) is a protected feature of a European site or a Ramsar site, and

(b) a developer has committed to pay, in respect of a development, such amount of the nature restoration levy set out in a charging schedule to the EDP as applies in relation to an environmental impact of the development on that protected feature.

(2) The environmental impact of the development on the protected feature is to be disregarded for the purposes of Part 6 of the Habitats Regulations 2017.

Protected sites: SSSIs

2

(1) Sub-paragraph (2) applies where—

(a) an environmental feature identified in an EDP in accordance with section 61 (1)(a) is a protected feature of an SSSI, and

(b) a developer has committed to pay, in respect of a development, such amount of the nature restoration levy set out in a charging schedule to the EDP as applies in relation to an environmental impact of the development on that protected feature.

(2) The environmental impact of the development on the protected feature is to be disregarded for the purposes of—

(a) a determination by Natural England on whether to give consent (and if so on what terms) under section 28E of the Wildlife and Countryside Act 1981 or withdraw or modify any such consent,

(b) a determination by the Secretary of State of an appeal under section 28F of that Act (appeals in connection with consents),

(d) section 28I of that Act (statutory undertakers etc: duty in relation to authorising operations), and

(e) section 28P(2) and (5A) of that Act (offences in connection with sections 28H and 28I of that Act).

Protected sites: marine conservation zones

3

(1) Sub-paragraph (2) applies where—

(a) an environmental feature identified in an EDP in accordance with section 61 (1)(a) is a protected feature of a marine conservation zone, and

(b) a developer has committed to pay, in respect of a development, such amount of the nature restoration levy set out in a charging schedule to the EDP as applies in relation to an environmental impact of the development on that protected feature.

(2) The environmental impact of the development on the protected feature is to be disregarded for the purposes of—

(a) section 125 of the Marine and Coastal Access Act 2009 (general duties of public authorities in relation to MCZs) insofar as it applies to any function of a public authority of determining an application (whenever made) relating to the development, and

(b) section 126 of that Act (duties of public authorities in relation to certain decisions).

Protected species: licences under Part 5 of the Habitats Regulations 2017

4

(1) Sub-paragraph (2) applies where—

(a) an environmental feature identified in an EDP in accordance with section 61 (1)(a) is a species listed in Schedule 2, 4 or 5 to the Habitats Regulations 2017, and

(b) a developer has committed to pay, in respect of a development, such amount of the nature restoration levy set out in a charging schedule to the EDP as applies in relation to an environmental impact of the development on that protected species.

(2) A licence under regulation 55 (1) of the Habitats Regulations 2017, relating to the protected species and on the terms set out in the EDP, is to be treated as having been granted to the developer by the relevant licensing body (see regulation 58(4A) of those Regulations).

Protected species: licences under Part 1 of the Wildlife and Countryside Act 1981

5

(1) Sub-paragraph (2) applies where—

(a) an environmental feature identified in an EDP in accordance with section 61 (1)(a) is a species protected by Part 1 of the Wildlife and Countryside Act 1981, and

(b) a developer has committed to pay, in respect of a development, such amount of the nature restoration levy set out in a charging schedule to the EDP as applies in relation to an environmental impact of the development on that protected species.

(2) A licence under section 16(3)(j) of the Wildlife and Countryside Act 1981, relating to the protected species and on the terms set out in the EDP, is to be treated as having been granted to the developer by the appropriate authority (see section 16(8A) and (9) of that Act).

Protected species: licences under the Protection of Badgers Act 1992

6

(1) Sub-paragraph (2) applies where—

(a) badgers are identified in an EDP as an environmental feature in accordance with section 61 (1)(a), and

(b) a developer has committed to pay, in respect of a development, such amount of the nature restoration levy set out in a charging schedule to the EDP as applies in relation to an environmental impact of the development on badgers.

(2) A licence under section 10 of the Protection of Badgers Act 1992, on the terms set out in the EDP, is to be treated as having been granted by Natural England to the developer.

Schedule 4 — Compulsory acquisition of land under Part 3: supplementary provisions

Application of Acquisition of Land Act 1981

1

(1) The Acquisition of Land Act 1981 (“ALA 1981”) applies to the compulsory acquisition of land under section 89, with the following modification.

(2) Section 17(2) of ALA 1981 (orders to be subject to special parliamentary procedure in certain cases involving local authority or statutory undertakers’ land) does not apply to the acquisition of an interest in land by Natural England acting under section 89.

2

(1) Schedule 3 to ALA 1981 applies to the acquisition of new rights under section 89, with the following modification.

(2) Paragraph 4(2) of that Schedule (orders to be subject to special parliamentary procedure in certain cases involving local authority or statutory undertakers’ land) does not apply to the acquisition of an interest in land by Natural England acting under section 89.

Extinguishment of private rights of way etc

3

(1) Sub-paragraph (2) applies where Natural England completes the compulsory acquisition of land under section 89.

(2) On completion of the acquisition—

(a) all private rights of way on, under or over the land are extinguished,

(b) all rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land are extinguished, and

(3) Sub-paragraph (2) is subject to paragraphs 4 to 7.

4

Natural England may give a direction before the completion of the acquisition that paragraph 3(2) is not to apply to any right or apparatus specified in the direction.

5

Paragraph 3(2) is subject to any agreement which may be made (whether before or after the completion of the acquisition) between—

(a) Natural England, and

(b) the person—

(i) in whom the right or apparatus concerned is vested, or

(ii) to whom it belongs.

6

(1) Paragraph 3(2) does not apply to—

(a) any right vested in statutory undertakers for the purpose of carrying on their undertaking,

(b) any apparatus belonging to statutory undertakers for that purpose,

(c) any right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network, or

(d) any electronic communications apparatus kept installed for the purposes of any such network.

(2) In sub-paragraph (1) “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990; and “undertaking” is to be read in accordance with section 262 of that Act (meaning of “statutory undertakers”).

7

(1) Any person who suffers loss by the extinguishment of a right, or the vesting of any apparatus, under paragraph 3 is entitled to compensation from Natural England.

(2) Any compensation payable under this paragraph is to be determined in accordance with the Land Compensation Act 1961.

New rights: application of Compulsory Purchase Act 1965

8

(1) The Compulsory Purchase Act 1965 (“CPA 1965”) applies to the compulsory acquisition of new rights under section 89 as it applies to the compulsory purchase of land.

(2) In its application to the compulsory acquisition of such new rights, that Act is to have effect subject to—

(a) the modifications specified in paragraphs 9 to 14, and

(b) such other modifications as are necessary.

(3) One result of sub-paragraph (2)(b) is that, in appropriate contexts, references in that Act to land are to be read as referring, or as including references, to—

(a) the rights acquired or to be acquired, or

(b) land over which the rights are, or are to be, exercisable,

according to the requirements of the particular context.

9

Section 7 of CPA 1965 is to have effect as if for the words of that section there were substituted—

(7) (1) In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is acquired is depreciated by the acquisition but also to the damage (if any) to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right. (2) The modifications subject to which subsection (1) of section 44 of the Land Compensation Act 1973 (compensation for injurious affection) is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that— (a) for “land is acquired or taken” there is substituted “a right over land is acquired”; and (b) for “acquired or taken from him” there is substituted “over which the right is exercisable”.

10

(1) Section 8(1) of CPA 1965 is to have effect as if references to acquiring land were to acquiring a right in the land.

(2) Schedule 2A to CPA 1965 is to be read as if, for the words of that Schedule, there were substituted—

Schedule 2A (1) (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory. (2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface). (2) In this Schedule “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right, (b) the proposed use of the right, and (c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

11

(1) The provisions of CPA 1965 mentioned in sub-paragraph (2) (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) are to be read as if they were modified in accordance with sub-paragraph (3).

(2) The provisions are—

(a) section 9(4) (failure of owners to convey),

(b) paragraph 10(3) of Schedule 1 (owners under incapacity),

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land).

(3) The provisions are to be read as if they were modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be acquired compulsorily is vested absolutely in the acquiring authority.

12

Section 11 of CPA 1965 (powers of entry) is to be read as if it were modified so as to secure that, where the acquiring authority have served notice to treat in respect of any right as well as the notice required by subsection (1) of that section (as it applies to a compulsory acquisition under section 89), they have power, exercisable in the same circumstances and subject to the same conditions, to enter for the purpose of exercising that right; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer’s or sheriff’s warrant in the event of obstruction) of that Act are modified accordingly.

13

Section 20 of CPA 65 (compensation for short-term tenants) is to be read as if it were modified so as to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory purchase of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right concerned.

14

Section 22 of CPA 65 (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) is to be read as if it were modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right concerned, subject to compliance with that section as respects compensation.

New rights: application of the Compulsory Purchase (Vesting Declarations) Act 1981

15

The Compulsory Purchase (Vesting Declarations) Act 1981 (“CP(VD)A 1981”) applies to the compulsory acquisition of new rights under section 89—

(a) with the modifications specified in paragraph 16, and

(b) with such other modifications as may be necessary.

16

(1) The modifications of CP(VD)A 1981 referred to in paragraph 15(a) are as follows.

(2) References to CPA 1965 are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired, or

(b) the land over which the right is, or is to be, exercisable.

(3) References to CPA 1965 are to be read as references to that Act as it applies to the compulsory acquisition of a right under section 89.

(4) Section 8(1) (vesting, and right to enter and take possession) is to be read as securing that—

(a) a general vesting declaration in respect of any right vests the right in the acquiring authority on the vesting date, and

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