Planning and Infrastructure Bill 2024-26 Amendments

Date	Debate
Wednesday 29th October 2025	Report stage part three
Wednesday 29th October 2025	Report stage part two
Wednesday 29th October 2025	Report stage part one
Monday 27th October 2025	Report stage: Part 2
Monday 27th October 2025	Report stage: Part 1
Wednesday 22nd October 2025	Report stage: Part 3
Wednesday 22nd October 2025	Report stage: Part 2
Wednesday 22nd October 2025	Report stage: Part 1
Monday 20th October 2025	Report stage part two
Monday 20th October 2025	Report stage part one

Date	Debate
Monday 15th September 2025	Committee stage
Thursday 11th September 2025	Committee stage
Tuesday 9th September 2025	Committee stage part two
Tuesday 9th September 2025	Committee stage part one
Thursday 4th September 2025	Committee stage
Monday 1st September 2025	Committee stage part two
Monday 1st September 2025	Committee stage part one
Thursday 24th July 2025	Committee stage
Thursday 17th July 2025	Committee stage part two
Thursday 17th July 2025	Committee stage part one

Date	Debate
Tuesday 10th June 2025	Report stage (day 2)
Monday 9th June 2025	Report stage (day 1)

Date	Debate
Thursday 22nd May 2025	Committee stage: 14th sitting
Thursday 22nd May 2025	Committee stage: 13th sitting
Tuesday 20th May 2025	Committee stage: 12th sitting
Tuesday 20th May 2025	Committee stage: 11th sitting
Thursday 15th May 2025	Committee stage: 10th sitting
Thursday 15th May 2025	Committee stage: 9th sitting
Wednesday 14th May 2025	Committee stage: 8th sitting
Wednesday 14th May 2025	Committee stage: 7th sitting
Tuesday 13th May 2025	Committee stage: 6th sitting
Tuesday 13th May 2025	Committee stage: 5th sitting
Tuesday 29th April 2025	Committee stage: 4th Sitting
Tuesday 29th April 2025	Committee stage: 3rd Sitting
Thursday 24th April 2025	Committee stage: 2nd sitting
Thursday 24th April 2025	Committee stage: 1st sitting

Type	Description
	Black center indicates Government or Bill Sponsor amendment
	Front Bench Amendment from any Opposition Party indicated by party colour
	Back Bench Amendment from any MP - Outline Colour indicates party

Bill Content
List of Amendments

231 New Clauses Proposed

Page 1

Part 1

Infrastructure

Chapter 1

Nationally significant infrastructure projects

National policy statements: review

(1)

Section 6 of the Planning Act 2008 (review) is amended as set out in

subsections (2) to (5) .

(2)

For subsection (1) substitute—

“(1)

The Secretary of State—

(a)

must review each national policy statement whenever the

Secretary of State thinks it appropriate to do so, and

(b)

in any event, must carry out a full review of each national

policy statement at times that enable the Secretary of State to

comply with subsection (5A) .”

(3)

In subsection (2), at the end insert “, and in this section a “full review” means

a single review relating to all of a national policy statement”.

Page 2

(4)

After subsection (4) insert—

“(4A)

Whenever the Secretary of State decides to review a national policy

statement, the Secretary of State must lay a statement before Parliament

announcing the review.”

(5)

After subsection (5) insert—

“(5A)

But, unless and until a statement’s designation as a national policy

statement is withdrawn—

(a)

the Secretary of State must amend each national policy

statement within the initial period (see section 6ZA ), and

(b)

the Secretary of State must subsequently amend each national

policy statement at intervals of no more than five years.

(5B)

An amendment of a national policy statement counts for the purposes

of subsection (5A) only if the amendment arises from a full review of

the statement.

(5C)

An amendment of a national policy statement that is required by

subsection (5A) to be made by a certain time may be delayed beyond

that time only if and for so long as exceptional circumstances exist

which, in the opinion of the Secretary of State, make the delay

unavoidable.

(5D)

In that case the Secretary of State must, before the deadline for

amending the national policy statement, lay a statement before

Parliament explaining the reasons for the extension and stating when

the Secretary of State expects to amend the national policy statement.”

(6)

After section 6 of the Planning Act 2008 insert—

“6ZA

Review: supplementary

(1)

Subsections (2) to (5) explain what is meant by “the initial period” in

section 6 (5A) (a) .

(2)

In the case of a national policy statement that is designated on or after

the relevant date, the initial period is the period of five years beginning

with the date of designation.

(3)

In the case of a national policy statement that—

(a)

was designated before the relevant date, and

(b)

was amended before the relevant date,

the initial period is the period of five years beginning with the date

of the amendment or, if an amendment was made on more than one

occasion before the relevant date, the date of the latest such

amendment.

(4)

In the case of a national policy statement that—

(a)

was designated within the period of five years ending with

the relevant date, and

Page 3

(b)

was not amended before the relevant date,

the initial period is the period of five years beginning with the date

of designation.

(5)

In the case of a national policy statement that—

(a)

was designated before the beginning of the period of five years

ending with the relevant date, and

(b)

was not amended before the relevant date,

the initial period is the period of two years beginning with the relevant

date.

(6)

Section 6(5) applies in relation to a full review of a national policy

statement within subsection (5) of this section carried out within the

initial period as if the option in section 6(5)(c) (leave the statement as

it is) was not available to the Secretary of State following that review.

(7)

In this section—

“full review” has the meaning given by section 6(2);

“the relevant date” means the date on which section 6 (5A) comes

into force.”

National policy statements: parliamentary requirements

(1)

Part 2 of the Planning Act 2008 (national policy statements) is amended as

set out in subsections (2) and (3) .

(2)

In section 6 (review)—

(a)

in subsection (7)(b)(i), omit “under section 9(8)”;

(b)

in subsection (7A), omit “under section 9(8)”;

(c)

after subsection (9) insert—

“(10)

In subsections (7)(b)(i) and (7A), references to an amendment

being laid before Parliament are references to—

(a)

in the case of an amendment that is, or is included in,

a proposal to which subsections (4) to (8) of section 9

do not apply (see section 9 (8A) ), the amendment being

laid under section 9(2);

(b)

in any other case, the amendment being laid under

section 9(8).”

(3)

In section 9 (parliamentary requirements)—

(a)

after subsection (8) insert—

“(8A)

Subsections (4) to (8) do not apply in relation to the proposal

if it—

(a)

is an amendment within subsection (11) , or

(b)

consists only of amendments within that subsection.”;

(b)

in subsection (9)—

Page 4

(i)

for “subsection (8)”, in each place, substitute “the laying

requirement”;

(ii)

in paragraph (b), after “5(4)(a)” insert “or 6(7)(a)”;

(c)

in subsection (10), for “subsection (8)” substitute “the laying

requirement”;

(d)

after subsection (10) insert—

“(11)

An amendment is within this subsection if it is an amendment

proposed to a national policy statement in order to reflect—

(a)

published Government policy that is relevant to

development of a description to which the statement

relates,

(b)

the amendment, revocation or repeal of legislation

referred to in the statement, or the amendment,

revocation, repeal or coming into force of legislation

relevant to development of a description to which the

statement relates,

(c)

a change (not within paragraph (a) or (b)) to a published

document referred to in the statement, or

(d)

a decision of a court in proceedings referred to in

section 13 or 118, or other proceedings, so far as relevant

to the interpretation of the statement or legislation

referred to in the statement.

(12)

In subsection (11) “legislation” means an Act or an instrument

made under an Act.

(13)

In this section “the laying requirement” means—

(a)

if the proposal is one to which subsections (4) to (8) do

not apply, subsection (2);

(b)

otherwise, subsection (8).”

(4)

The amendments made by this section apply in relation to amendments

proposed to be made to a national policy statement that arise from a review

of the statement completed or begun before (as well as after) the date on

which this section comes into force.

Power to disapply requirement for development consent

(1)

The Planning Act 2008 is amended as set out in subsections (2) to (4) .

(2)

In section 31 (when development consent is required)—

(a)

the existing text becomes subsection (1);

(b)

after that subsection insert—

“(2)

But see section 35B (power for the Secretary of State to give a

direction disapplying the requirement for development

consent).”

Page 5

(3)

In section 35ZA (directions under section 35), after subsection (10) insert—

“(10A)

The Secretary of State must publish a direction under section 35(1) or

subsection (3) of this section.”

(4)

After section 35A insert—

“35B

Directions disapplying requirement for development consent

(1)

The Secretary of State may give a direction that development consent

is not required for development specified in the direction.

This is subject to subsections (2) and (4) .

(2)

The Secretary of State may give a direction only if—

(a)

the Secretary of State considers that it is appropriate for an

alternative consenting regime to apply in relation to the

development, rather than this Act,

(b)

no application for an order granting development consent for

the development has been made, and

(c)

the development will (when completed) be wholly in one or

more of the areas specified in subsection (3) .

(3)

The areas are—

(a)

England or waters adjacent to England up to the seaward limits

of the territorial sea;

(b)

in the case of development that is or forms part of a project

for the carrying out of works in the field of energy, a

Renewable Energy Zone, except any part of a Renewable

Energy Zone in relation to which the Scottish Ministers have

functions.

(4)

The Secretary of State may give a direction only if—

(a)

the conditions in subsection (5) are satisfied,

(b)

the conditions in subsection (6) are satisfied,

(c)

the Secretary of State is the person who proposes to carry out

the development, or

(d)

the Secretary of State considers that the appropriate alternative

consenting regime for the development is that under section

59 of TCPA 1990 (development orders).

(5)

The conditions referred to in subsection (4) (a) are that—

(a)

the Secretary of State receives a written request for a direction

from a qualifying person,

(b)

the request specifies the development to which it relates,

(c)

the request identifies the appropriate alternative consenting

regime for the development,

(d)

the request explains why the person making the request

considers that it is appropriate for that alternative consenting

regime to apply in relation to the development, and

Page 6

(e)

the request includes evidence showing that the alternative

consenting authority is aware of the intention to request a

direction specifying the development.

(6)

The conditions referred to in subsection (4) (b) are that—

(a)

the Secretary of State receives a written request for a direction

from a person who has power to make a local development

order, a Mayoral development order or a simplified planning

zone scheme,

(b)

the request specifies the development to which it relates, and

(c)

the request indicates that the person making the request

considers that the appropriate alternative consenting regime

for the development is that under section 61A (local

development orders), 61DA (Mayoral development orders) or

82 (simplified planning zone schemes) of TCPA 1990 (as the

case may be), giving reasons for that view.

(7)

The condition in subsection (2) (b) is to be regarded as met in relation

to development if an application for an order granting development

consent for the development is made during the period beginning

with the day on which this Act is passed and ending with the day on

which this section comes into force.

(8)

For the purposes of this section—

(a)

an “alternative consenting regime” for development means a

regime set out in legislation other than this Act under which,

if development consent were not required for the development,

a specified person would have power to authorise the

development, and

(b)

the person referred to in paragraph (a) is the “alternative

consenting authority” in relation to that regime.

(9)

In this section—

“direction” means a direction under subsection (1) ;

“legislation” means an Act or an instrument made under an Act;

“local development order” has the meaning given in section 61A

of TCPA 1990;

“Mayoral development order” has the meaning given in section

61DA of TCPA 1990;

“qualifying person” means—

(a)

a person who proposes to carry out any of the

development to which the request relates;

(b)

a person who, if a direction were given specifying the

development, proposes to apply to an alternative

consenting authority in relation to the development;

“simplified planning zone scheme” has the same meaning as in

TCPA 1990 (see section 82 of that Act).

Page 7

35C

Directions under section

(1)

In this section “direction” means a direction under section 35B (1) .

(2)

Subsection (3) applies if—

(a)

the Secretary of State decides to give a direction that has been

requested as described in section 35B (5) , and

(b)

a person proposed (before or after that section came into force)

to make an application for an order granting development

consent for the development to which the request relates.

(3)

The direction may include provision—

(a)

for the proposed application to be treated as a proposed

application to a specified alternative consenting authority;

(b)

for specified provisions of legislation governing an alternative

consenting regime—

(i)

to have effect in relation to the proposed application

with any specified modifications;

(ii)

to be treated as having been complied with in relation

to the proposed application.

(4)

In the application of subsection (3) to a direction that is to specify

development for which an application seeking development consent

has been made (see section 35B (7) ), references to the proposed

application include references to the application.

(5)

If the Secretary of State receives a request for a direction as described

in section 35B (5) or (6) , the Secretary of State must give reasons for

the decision to give or not to give the requested direction to the person

who made the request.

(6)

The Secretary of State must publish a direction.

(7)

In this section, the following expressions have the same meaning as

in section 35B —

“alternative consenting authority” ,

“alternative consenting regime” , and

“legislation” .

35D

Timetable for deciding request for direction under section

(1)

The Secretary of State may by regulations—

(a)

make provision about time limits for decisions about whether

to give directions under section 35B (1) following qualifying

requests (including provision for the extension of any prescribed

period in prescribed circumstances);

(b)

make provision for and in connection with the provision of

information to the Secretary of State for the purposes of such

decisions.

Page 8

(2)

In this section “qualifying request” means a request in relation to

which the conditions in section 35B (5) or (6) are satisfied.”

(5)

In the Electricity Act 1989, in section 36 (consent required for construction

etc of generating stations)—

(a)

after subsection (1A) insert—

“(1AA)

Subsection (1) does not apply to the construction or extension

of a generating station in England if the construction or

extension constitutes development specified in a direction under

section 35B (1) of the Planning Act 2008 (direction disapplying

requirement for development consent).”;

(b)

after subsection (11) insert—

“(12)

In subsection (1AA) “England” does not include waters in

England (nor waters adjacent to England).”

(6)

In the Marine and Coastal Access Act 2009, in section 12 (certain consents

under section 36 of the Electricity Act 1989)—

(a)

in subsection (2), in the words after paragraph (c), for “subsections (3)

and (4)” substitute “subsection (3)”;

(b)

omit subsection (4).

Applications for development consent: removal of certain pre-application

requirements

Omit the following sections of the Planning Act 2008—

(a)

section 42 (duty to consult);

(b)

section 43 (local authorities for purposes of section 42(1)(b));

(c)

section 44 (categories for purposes of section 42(1)(d));

(d)

section 45 (timetable for consultation under section 42);

(e)

section 47 (duty to consult local community);

(f)

section 49 (duty to take account of responses to consultation and

publicity).

Applications for development consent: changes related to section

(1)

The Planning Act 2008 is amended as set out in subsections (2) to (9) .

(2)

In section 37 (applications for orders granting development consent)—

(a)

in subsection (3)—

(i)

insert “and” at the end of paragraph (b);

(ii)

omit paragraph (c) (together with the final “and”);

(b)

omit subsections (7) and (8).

(3)

In section 39 (register of applications), in subsection (4)—

(a)

insert “and” at the end of paragraph (a);

(b)

omit paragraph (b) (together with the final “and”).

Page 9

(4)

In section 41 (Chapter applies before application is made), in subsection (1),

at the end insert “(and “applicants” is to be construed accordingly)”.

(5)

In section 46 (duty to notify Secretary of State of proposed application)—

(a)

for subsection (1) substitute—

“(1)

The applicant must supply to the Secretary of State—

(a)

the information specified in subsection (1C) , and

(b)

such further information as may be prescribed.

(1A)

The applicant must supply to each host local authority—

(a)

the information specified in subsection (1C) , and

(b)

such further information as may be prescribed.

(1B)

In any case where the proposed development would affect, or

would be likely to affect, any of the areas specified in

subsection (5), the applicant must supply to the Marine

Management Organisation—

(a)

the information specified in subsection (1C) , and

(b)

such further information as may be prescribed.

(1C)

The information referred to in subsections (1) (a) , (1A) (a) and

(1B) (a) is as follows—

(a)

the applicant’s name and address,

(b)

a statement that the applicant intends to apply for an

order granting development consent,

(c)

a statement about why development consent is required

for the proposed development, specifying the relevant

provision of Part 3 (or referring to a direction that has

been given under section 35), and

(d)

a summary of the proposed application, specifying the

location or route of the proposed development.”;

(b)

omit subsection (2);

(c)

after subsection (2) insert—

“(3)

A local authority is a “host local authority” if the land is in the

authority’s area.

(4)

In this section “local authority” means—

(a)

a county council, or district council, in England;

(b)

a London borough council;

(c)

the Common Council of the City of London;

(d)

the Council of the Isles of Scilly;

(e)

a county council, or county borough council, in Wales;

(f)

a council constituted under section 2 of the Local

Government etc (Scotland) Act 1994;

(g)

a National Park authority;

(h)

the Broads Authority.

Page 10

(5)

The areas referred to in subsection (1B) are—

(a)

waters in or adjacent to England up to the seaward

limits of the territorial sea;

(b)

an exclusive economic zone, except any part of an

exclusive economic zone in relation to which the Scottish

Ministers have functions;

(c)

a Renewable Energy Zone, except any part of a

Renewable Energy Zone in relation to which the Scottish

Ministers have functions;

(d)

an area designated under section 1(7) of the Continental

Shelf Act 1964, except any part of that area which is

within a part of an exclusive economic zone or

Renewable Energy Zone in relation to which the Scottish

Ministers have functions.”;

(d)

in the heading, after “Secretary of State” insert “and others”.

(6)

In section 48 (duty to publicise), omit subsection (2).

(7)

For section 50 substitute—

“50

Guidance about pre-application steps

(1)

Applicants must have regard to any guidance issued by the Secretary

of State to assist them in complying with section 48.

(2)

The Secretary of State must issue guidance to assist applicants, setting

out what the Secretary of State considers to be best practice in terms

of the steps they might take in relation to a proposed application in

readiness for submitting an actual application.”

(8)

In section 52 (obtaining information about interests in land), in subsection

(1), for “provisions of, or made under, Chapter 2 of this Part or” substitute

“regulations made under section 37 or with provisions of, or made under,”.

(9)

In Schedule 12 (application of Act to Scotland: modifications), omit paragraph

(10)

In the Infrastructure Planning (Environmental Impact Assessment) Regulations

2017 (S.I. 2017/572)—

(a)

in regulation 3(1), in the definition of “the consultation bodies”—

(i)

in paragraph (a), omit “prescribed under section 42(1)(a) (duty

to consult) and”;

(ii)

in paragraph (a), for “column 2” substitute “column 3”;

(iii)

at the end of paragraph (a) insert “(reading references to

applications as references to proposed applications, where the

context requires)”;

(iv)

in paragraph (b), for “section 43 (local authorities for purposes

of section 42(1)(b))” substitute “section 56A (local authorities

for purposes of sections 56(2)(b) and 60(2)(a))”;

Page 11

(b)

in regulation 8(1), for “carrying out consultation under section 42 (duty

to consult)” substitute “publicising the proposed application under

section 48,”;

(c)

omit regulation 12 (consultation statement requirements).

(11)

Omit—

(a)

section 23(2), (3) and (4) of the Marine and Coastal Access Act 2009;

(b)

the following provisions of the Localism Act 2011—

(i)

section 133;

(ii)

section 134;

(iii)

section 135(8);

(iv)

paragraphs 8(2) and 9 of Schedule 13.

Applications for development consent: acceptance stage

(1)

The Planning Act 2008 is amended as set out in subsections (2) to (13) .

(2)

In section 37 (applications for orders granting development consent), in

subsection (3), for “application (including accompaniments) is of a standard

that the Secretary of State considers satisfactory” substitute “standard of the

application is such as to enable the Secretary of State to conclude that it is

suitable to proceed to examination under Chapter 4 of Part 6”.

(3)

In section 39 (register of applications), after subsection (4) insert—

“(5)

The duty under subsection (4) includes a duty to make arrangements

for inspection by the public of a revised version of anything mentioned

in that subsection (see section 55A ).”

(4)

Section 55 (acceptance of applications) is amended as set out in subsections

(5) to (12) .

(5)

In subsection (2), omit “, by the end of the period of 28 days beginning with

the day after the day on which the Secretary of State receives the application,”.

(6)

After subsection (2) insert—

“(2A)

Subject to section 55A (7) and (8) , the Secretary of State must make the

decision within the period of 28 days beginning with the day after

the day on which the Secretary of State receives the application.”

(7)

In subsection (3)—

(a)

after paragraph (c) insert—

“(ca)

that the applicant has complied with section 46 (duty

to notify Secretary of State and others of proposed

application), and”;

(b)

omit paragraph (e);

Page 12

(c)

for paragraph (f) substitute—

“(f)

that the standard of the application (including

accompaniments) is such that it is suitable to proceed

to examination under Chapter 4.”

(8)

For subsection (4) substitute—

“(4)

The Secretary of State, when deciding whether the Secretary of State

may reach the conclusion in subsection (3)(f), must take into account—

(a)

the extent to which the application complies with section 37(3)

(form and contents of application),

(b)

the extent to which any applicable guidance under section 37(4)

has been followed in relation to the application,

(c)

the extent to which the application complies with any standards

set under section 37(5) (standards for documents etc

accompanying application),

(d)

the applicant’s approach to satisfying section 48 (duty to

publicise), and

(e)

the extent to which the applicant has had regard to any advice

given under section 51 in connection with the application (or

the proposed application that has become the application).

(4A)

In considering the matter in subsection (4)(d), the Secretary of State

must take into account the extent to which the applicant has had

regard to any guidance under section 50(1).”

(9)

Omit subsection (5).

(10)

Omit subsection (5A).

(11)

For subsections (6) and (7) substitute—

“(6)

The Secretary of State must notify the applicant of the decision under

subsection (2).

(7)

If the Secretary of State decides under subsection (2) not to accept the

application, the Secretary of State must give the applicant reasons for

that decision.”

(12)

Omit subsection (8).

(13)

After section 55 insert—

“55A

Changes to applications

(1)

The following provisions of this section apply where—

(a)

the Secretary of State reaches the conclusions in section 55(3)(a),

(b)

the Secretary of State concludes that the application would be

likely to be of the required standard if the applicant were to—

(i)

provide supplementary or revised information,

(ii)

make clarifications or corrections, or

Page 13

(iii)

make other limited changes.

(2)

At any time within the period specified in section 55 (2A) , the Secretary

of State may notify the applicant of the actions to be taken as

mentioned in subsection (1) (b) , specifying the last day of the response

period as the deadline for compliance with the notice.

(3)

“The response period” means the period of 28 days beginning with

the day on which the notice is given.

(4)

Subsections (5) to (9) apply where the Secretary of State gives a notice

to the applicant under subsection (2) .

(5)

If, during the response period, the Secretary of State notifies the

applicant of any further actions as mentioned in subsection (1) (b) that

would be likely to bring the application up to the required standard,

the applicant must comply with that notice within the response period.

(6)

At any time within the response period, the Secretary of State may,

if the Secretary of State considers it appropriate to do so, notify the

applicant of a later day as the deadline for compliance with the notice

under subsection (2) or, as the case may be, that notice and any further

notice under subsection (5) .

(7)

If the applicant provides any document or information to the Secretary

of State by the specified day in response to a notice under subsection

(2) or (5) , the Secretary of State must make a decision under section

55(2) within the period of 28 days beginning with the day after the

specified day.

(8)

If the applicant does not provide any document or information to the

Secretary of State by the specified day in response to a notice under

subsection (2) or (5) , the Secretary of State must make a decision under

section 55(2) within the period of 7 days beginning with the day after

the specified day.

(9)

In subsections (7) and (8) , “the specified day” means—

(a)

the day specified in the notice under subsection (2) , or

(b)

if a later day is notified under subsection (6) , that later day.

(10)

In this section, “the required standard” means the standard specified

in section 55(3)(f).”

(14)

In consequence of the amendments in subsections (7) (c) and (10) , omit section

137(3) and (4) of the Localism Act 2011.

Applications for development consent: local impact reports and

representations

(1)

The Planning Act 2008 is amended as follows.

Page 14

(2)

In section 60 (local impact reports), after subsection (5) insert—

“(6)

In preparing a local impact report, an authority must have regard to

any relevant guidance issued by the Secretary of State.

(7)

But that duty does not apply to an authority for an area that is in

Scotland.”

(3)

After section 96 insert—

“96A

Representations from public authorities

(1)

In making any representations about the application (oral or written),

a relevant public authority must have regard to any guidance issued

by the Secretary of State to assist such authorities in making

representations for the purposes of the examination of an application.

(2)

“Relevant public authority” means a public authority within any of

paragraphs (a) to (c) of section 56(2), except—

(a)

the Scottish Ministers,

(b)

a Northern Ireland department, or

(c)

any other public authority whose functions are exercisable only

in or as regards Scotland or Northern Ireland.”

Examination of applications for development consent

(1)

In section 89 of the Planning Act 2008 (Examining authority’s decisions about

how application is to be examined), in subsection (1), after “light of” insert

“the assessment under section 88(1) and”.

(2)

In section 97 of that Act (procedure rules), after subsection (5) insert—

“(5A)

Power under this section to make rules includes power to make

transitional provision.”

(3)

The amendment made by subsection (1) applies in relation to every application

in respect of which the assessment under section 88(1) of the Planning Act

2008 is made on or after the date on which subsection (1) comes into force

(whenever the application was made or accepted).

Applications for development consent: costs

(1)

The Planning Act 2008 is amended as follows.

(2)

In section 95 (hearings: disruption etc)—

(a)

omit subsections (4) and (5);

(b)

in the heading, omit “, supervision and costs”.

(3)

After section 96A (inserted by section 7 ) insert—

“96B

Costs

(1)

The Examining authority may make orders about—

Page 15

(a)

the costs of any person who—

(i)

is an interested party in relation to the application, or

(ii)

makes a written representation to the Examining

authority about the application;

(b)

the person or persons who must pay the costs.

(2)

Every such order may be made a rule of the High Court on the

application of any person named in the order.”

Planning Act 2008: right to enter and survey land

(1)

Section 53 of the Planning Act 2008 (rights of entry) is amended as set out in

subsections (2) to (7) .

(2)

In subsection (1), for “Any person duly authorised in writing by the Secretary

of State” substitute “An authorised person”.

(3)

After subsection (1A) insert—

“(1B)

In subsection (1) “authorised person” means a person who is authorised

in writing to exercise the power in that subsection on behalf of—

(a)

a person who has made an application for an order granting

development consent that has been accepted by the Secretary

of State,

(b)

a person who proposes to make an application for an order

granting development consent, or

(c)

a person who has been granted the benefit of an order granting

development consent of a kind specified in subsection (1)(c).”

(4)

Omit subsection (2).

(5)

In subsection (4)—

(a)

in the words before paragraph (a), for “authorised under subsection

(1) to enter any land” substitute “acting in the exercise of a power of

entry onto any land conferred under subsection (1)”;

(b)

insert “and” at the end of paragraph (a);

(c)

in paragraph (b)—

(i)

for “any land which is occupied” substitute “the land”;

(ii)

for “the occupier” substitute “every owner or occupier of the

land”;

(d)

omit “and” at the end of paragraph (b);

(e)

omit paragraph (c).

(6)

After subsection (4) insert—

“(4A)

Notice given in accordance with subsection (4)(b) must include

prescribed information.

Page 16

(4B)

A justice of the peace may issue a warrant authorising a person to use

force in the exercise of the power conferred under subsection (1) if

satisfied—

(a)

that another person has prevented or is likely to prevent the

exercise of that power, and

(b)

that it is reasonable to use force in the exercise of that power.

(4C)

The force that may be authorised by a warrant is limited to that which

is reasonably necessary.

(4D)

A warrant authorising the person to use force must specify the number

of occasions on which the person can rely on the warrant when

entering land.

(4E)

The number specified must be the number which the justice of the

peace considers appropriate to achieve the purpose for which the entry

is required.

(4F)

Any evidence in proceedings for a warrant must be given on oath.”

(7)

After subsection (8) insert—

“(8A)

Section 4 of the Land Compensation Act 1961 (costs) applies to the

determination of a question referred under subsection (8) as it applies

to the determination of a question under section 1 of that Act, but as

if references to the acquiring authority were references to the person

from whom compensation is claimed.”

(8)

In paragraph 7 of Schedule 12 to the Planning Act 2008 (application of Act

to Scotland: modifications of section 53)—

(a)

after paragraph (za) insert—

“(zb)

in subsections (4B) and (4E) , the references to a justice

of the peace were references to a sheriff or summary

sheriff,”;

(b)

omit “and” at the end of paragraph (b);

(c)

after paragraph (b) insert—

“(ba)

in subsection (8A) —

(i)

the reference to section 4 of the Land

Compensation Act 1961 were a reference to

sections 9 and 11 of the Land Compensation

(Scotland) Act 1963, and

(ii)

the reference to section 1 of the Land

Compensation Act 1961 were a reference to

section 8 of the Land Compensation (Scotland)

Act 1963, and”.

(9)

In the Localism Act 2011—

(a)

omit section 136(4);

(b)

in paragraph 12 of Schedule 13—

Page 17

(i)

in sub-paragraph (2), omit “and (2)”;

(ii)

omit sub-paragraph (3).

Changes to, and revocation of, development consent orders

(1)

Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders

granting development consent) is amended as set out in subsections (2) to

(4) .

(2)

Omit paragraph 2 (non-material changes to orders granting development

consent) and the italic heading before it.

(3)

In paragraph 3 (changes to, and revocation of, orders)—

(a)

in sub-paragraph (3)(b), omit “or paragraph 2 of this Schedule”;

(b)

in sub-paragraph (5A), after “should” insert “, when considered in

conjunction with any other changes already made,”.

(4)

In paragraph 4 (changes to, and revocation of, orders: supplementary), after

sub-paragraph (6) insert—

“(6A)

If a development consent order is changed in exercise of the power

conferred by paragraph 3(1), the development consent order

continues in force.

(6B)

If a development consent order is changed or revoked in the exercise

of the power conferred by paragraph 3(1), the change or revocation

takes effect on—

(a)

the date on which the order making the change or revocation

is made, or

(b)

if the order specifies a date on which the change or

revocation takes effect, the specified date.

(6C)

Except in a case within sub-paragraph (7), the Secretary of State

must publish an order making a change to, or revoking, a

development consent order in such manner as the Secretary of State

thinks appropriate.”

(5)

In section 118 of the Planning Act 2008 (legal challenges)—

(a)

omit subsection (5);

(b)

in subsection (6)(b), for “notice of the change or revocation” to the end

substitute “the order making the change or revocation is published.”

(6)

In consequence of the amendment in subsection (2), omit—

(a)

paragraph 4(6)(a) of Schedule 8 to the Marine and Coastal Access Act

2009,

(b)

paragraph 72(4) to (7) of Schedule 13 to the Localism Act 2011,

(c)

section 28(2) of the Infrastructure Act 2015,

(d)

paragraph 8(3)(b)(i) of Schedule 7 to the Wales Act 2017, and

(e)

section 128 of the Levelling-up and Regeneration Act 2023.

Page 18

Planning Act 2008: legal challenges

(1)

In the Senior Courts Act 1981, in subsection (1) of section 18 (restrictions on

appeals to Court of Appeal), after paragraph (c) insert—

“(ca)

from a refusal of permission to apply for judicial review in a

case within section 13 or 118 of the Planning Act 2008

(proceedings relating to national policy statements or

development consent), if the High Court decides that the

application for permission to apply for judicial review is totally

without merit;”.

(2)

The power to make Civil Procedure Rules must be exercised so as to secure

that Civil Procedure Rules include—

(a)

provision requiring an application for permission to apply for judicial

review in a case within section 13 or 118 of the Planning Act 2008

(proceedings relating to national policy statements or development

consent) to be decided at an oral hearing;

(b)

provision that the court may, at the oral hearing of such an application,

decide that the application is totally without merit.

Chapter 2

Electricity infrastructure

Connections to the electricity transmission and distribution systems

Connections to electricity network: licence and other modifications

(1)

A relevant authority may modify—

(a)

the conditions of a particular electricity licence;

(b)

the terms of a particular electricity licence;

(c)

the standard conditions of electricity licences of a particular type;

(d)

a document maintained in accordance with the conditions of an

electricity licence;

(e)

an agreement entered into in pursuance of a document maintained as

mentioned in paragraph (d) ;

(f)

a qualifying distribution agreement.

(2)

A relevant authority may exercise the power under subsection (1) only for

the purpose of improving the process for managing connections to the

transmission system or the distribution system (and such an improvement

may include changing the order in which connections are made).

(3)

The Secretary of State may direct the GEMA to exercise the power under

subsection (1) .

(4)

The Secretary of State may exercise the power under subsection (3) only for

the purpose mentioned in subsection (2) .

Page 19

(5)

The power conferred by subsection (1) may not be exercised after the end of

the period of three years beginning with the day on which this section comes

into force.

(6)

Section 3A of the Electricity Act 1989 (principal objective and general duties)

applies in relation to the functions of the Secretary of State and the GEMA

under this section and sections 14 to 16 as it applies in relation to functions

of the Secretary of State or the GEMA under Part 1 of that Act .

(7)

A relevant authority may under subsection (1) modify an agreement mentioned

in subsection (1) (e) or a qualifying distribution agreement even if the effect

of the modification might amount to a repudiation of the agreement.

(8)

In this section and sections 14 to 16 —

“distribution system” has the same meaning as in Part 1 of the Electricity

Act 1989 (see the definition of “distribute” in section 4(4) of that Act);

“electricity distributor” has the same meaning as in Part 1 of that Act

(see section 6(9) of that Act);

“electricity licence” means a licence for the purposes of section 4 of that

Act;

“the GEMA” means the Gas and Electricity Markets Authority;

“qualifying distribution agreement” means—

(a)

the terms subject to which a connection is made by an electricity

distributor in pursuance of section 16(1) of the Electricity Act

1989, or

(b)

a special connection agreement as defined by section 22(1) of

that Act;

“relevant authority” means the Secretary of State or the GEMA;

“transmission system” has the same meaning as in Part 1 of the Electricity

Act 1989 (see section 4(4) of that Act).

Scope of modification power under

(1)

The power conferred by section 13 (1) to “modify” includes power to amend,

add to or remove (and, in particular, includes power to make a person a party

to an agreement or to discharge a party from its obligations under an

agreement); and references in section 13 , this section and section 15 to

modification are to be construed accordingly.

(2)

The power conferred by section 13 (1) —

(a)

may be exercised generally, only in relation to specified cases, or

subject to exceptions (including by making provision for a case to be

excepted only so long as specified conditions are satisfied);

(b)

may be exercised differently for different purposes or areas;

(c)

includes power to make incidental, supplementary, consequential or

transitional modifications.

(3)

Provision included in an electricity licence by virtue of section 13 (1) (a) or

Page 20

(a)

may include provision of a kind mentioned in section 7 of the

Electricity Act 1989 ;

(b)

need not relate to the activities authorised by the licence.

(4)

The modification under section 13 (1) of part of a standard condition of an

electricity licence does not prevent any other part of the condition from

continuing to be regarded as a standard condition for the purposes of Part 1

of the Electricity Act 1989 .

(5)

If under section 13 (1) a relevant authority modifies the standard conditions

of an electricity licence of a particular type, the GEMA must make the same

modifications of those standard conditions for the purposes of their

incorporation in electricity licences of that type granted after that time.

(6)

Provision included in an electricity licence by virtue of section 13 (1) (b) may

in particular include provision about the circumstances in which the licence

may be revoked or suspended.

(7)

Provision included in an agreement by virtue of section 13 (1) (e) or (f) may

in particular include provision—

(a)

requiring specified conditions to be met before the taking of particular

steps under the agreement;

(b)

about the procedure for varying the agreement.

(8)

In section 33 of the Utilities Act 2000 (standard conditions of electricity

licences), in subsection (1) —

(a)

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

(b)

at the end insert “, or

“(m)

under section 13 of the Planning and Infrastructure Act

2025.”

Procedure relating to modifications under

(1)

Before making a modification under section 13 , a relevant authority must

consult—

(a)

the holder of any electricity licence proposed to be modified,

(b)

the Independent System Operator and Planner,

(c)

the GEMA or the Secretary of State (depending on which relevant

authority is proposing to make the modification), and

(d)

such other persons as the relevant authority considers appropriate.

(2)

Subsection (1) may be satisfied by consultation carried out before the passing

of this Act (as well as by consultation carried out after that time).

(3)

A relevant authority must publish details of any modifications made by it

under section 13 as soon as reasonably practicable after they are made.

(4)

A relevant authority may exclude from publication under subsection (3) any

information the publication of which would be likely to prejudice the

commercial interests of any person.

Page 21

(5)

In this section , “the Independent System Operator and Planner” means the

person for the time being designated under section 162 (1) of the Energy Act

2023 .

Directions to modify connection agreements

(1)

A relevant authority may—

(a)

direct the Independent System Operator and Planner (“the ISOP”) to

modify an agreement entered into by the ISOP pursuant to a document

maintained in accordance with the conditions of an electricity licence;

(b)

direct an electricity distributor to modify a qualifying distribution

agreement entered into by the electricity distributor.

(2)

A relevant authority may exercise the power conferred by subsection (1) only

for the purpose of improving the process for managing connections to the

transmission system or the distribution system (and such an improvement

may include changing the order in which connections are made).

(3)

A direction under subsection (1) must describe the kinds of modification to

be made by the person to whom it is given.

(4)

A direction under subsection (1) may also require the person to whom it is

given to modify an agreement by including in it provision—

(a)

requiring specified conditions to be met before the taking of particular

steps under the agreement;

(b)

about the procedure for varying the agreement.

(5)

A direction under subsection (1) may be expressed as having effect generally,

in relation to cases within a description specified in the direction, or in relation

to a particular case.

(6)

Before giving a direction under subsection (1) , the relevant authority must

consult—

(a)

the person to whom it proposes to give the direction, and

(b)

such other persons as the relevant authority considers appropriate.

(7)

Subsection (6) may be satisfied by consultation carried out before the passing

of this Act (as well as by consultation carried out after that time).

(8)

A relevant authority must publish details of any direction it gives under

subsection (1) as soon as reasonably practicable after the direction is given.

(9)

A relevant authority may exclude from publication under subsection (8) any

information the publication of which would be likely to prejudice the

commercial interests of any person.

(10)

A person to whom a direction is given under subsection (1) must comply

with it, even if the effect of a modification made to an agreement as a result

of the direction might amount to a repudiation of the agreement.

Page 22

(11)

The power to give a direction under subsection (1) may not be exercised after

the end of the period of three years beginning with the day on which this

section comes into force.

(12)

A direction under subsection (1) may be varied or revoked by a subsequent

direction given by a relevant authority.

(13)

In this section —

“the Independent System Operator and Planner” means the person for

the time being designated under section 162 (1) of the Energy Act 2023 ;

“modify” includes amend, add to and remove (and, in particular, includes

making a person a party to an agreement and discharging a party

from its obligations under an agreement).

(14)

In Schedule 6A to the Electricity Act 1989 (provisions imposing obligations

enforceable as relevant requirements)—

(a)

in paragraph 4A (electricity system operator), after sub-paragraph (c)

insert—

“(d)

section 16 (10) of the Planning and Infrastructure Act

2025 (duty to comply with direction under section 16

of that Act).”;

(b)

in paragraph 5 (distribution licence holders), after sub-paragraph (g)

insert—

“(h)

section 16 (10) of the Planning and Infrastructure Act

2025 (duty to comply with direction under section 16

of that Act).”

Managing connections to the network: strategic plans etc

(1)

In Part 5 of the Energy Act 2023 (Independent System Operator and Planner),

after section 165 insert—

“165A

Functions relating to network connections: duty to have regard to

designated plans

(1)

The ISOP must, when carrying out any of its functions relating to the

management of connections to the transmission system, have regard

to the designated strategic plans.

(2)

The Secretary of State may by regulations designate plans or documents

for the purposes of this section.

(3)

In subsection (1) , the reference to “the designated strategic plans” is

a reference to those plans or documents designated by regulations

under subsection (2) as they have effect at the time when the

regulations are made.”

(2)

Part 1 of the Electricity Act 1989 (electricity supply) is amended as set out in

subsections (3) to (5) .

Page 23

(3)

In section 16 (duty to connect on request)—

(a)

after subsection (2) insert—

“(2A)

In deciding how to comply with the duties under this section,

and in particular in deciding how to prioritise persons requiring

a connection, an electricity distributor must have regard to the

designated strategic plans.”;

(b)

at the end insert—

“(6)

In this section, “the designated strategic plans” means the plans

or documents designated by regulations made under section

165A (2) of the Energy Act 2023 (functions of the Independent

System Operator and Planner relating to network connections).”

(4)

In section 17 (exceptions from duty to connect), in subsection (1) —

(a)

omit the “or” at the end of paragraph (b) ;

(b)

after paragraph (b) insert—

“(ba)

it would not be in accordance with the designated

strategic plans (within the meaning of section 16) for

the distributor to do so; or”.

(5)

In Schedule 6A (provisions imposing obligations enforceable as relevant

requirements), in paragraph 4A (electricity system operator), in paragraph

Consents for electricity infrastructure in Scotland

Consents for generating stations and overhead lines: applications

(1)

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.

(2)

After paragraph 1 insert—

“Applications made to the Scottish Ministers for consent

(1)

The Secretary of State or the Scottish Ministers may by regulations

make provision about the following matters in relation to

applications to the Scottish Ministers for consent under section 36

or 37.

(2)

The matters are—

(a)

the steps a person must take before making an application;

(b)

the information that must be included in an application;

(c)

an acceptance stage, during which the Scottish Ministers

must assess an applicant’s compliance with any requirements

imposed by the regulations in order to decide whether or

not to accept the application;

(d)

fees to be paid to the Scottish Ministers—

(i)

on application, or

Page 24

(ii)

for anything done by them in relation to a proposed

application;

(e)

requests by the Scottish Ministers for additional information

to aid their decision whether or not to accept an application

or to grant consent.

(3)

The steps that may be the subject of provision made by virtue of

sub-paragraph (2) (a) include—

(a)

notifying prescribed persons of the proposed application,

(b)

publicising the proposed application, and

(c)

carrying out a consultation about the proposed application.”

(3)

In paragraph 2 (objections by relevant planning authority)—

(a)

in sub-paragraph (1), for “Secretary of State for his” substitute

“appropriate authority for a”;

(b)

in sub-paragraph (2), at the beginning insert “In the case of an

application made to the Secretary of State,”;

(c)

after sub-paragraph (2) insert—

“(2A)

In the case of an application made to the Scottish Ministers,

where the relevant planning authority notify the Scottish

Ministers that they object to the application and their

objection is not withdrawn, the Scottish Ministers—

(a)

must appoint a person (referred to in this Schedule

as the “reporter”) to examine the application, and

(b)

before determining whether to give their consent,

must consider the objection and the reporter’s final

report.

See paragraph 2A for the process that must be followed by

the reporter.”;

(d)

in sub-paragraph (4)—

(i)

after “(2)” insert “or (2A)”;

(ii)

for “Secretary of State” substitute “appropriate authority”;

(e)

in sub-paragraph (5), for “Secretary of State” substitute “appropriate

authority”.

(4)

After paragraph 2 insert—

“Procedure following objection by relevant planning authority: Scotland

(1)

A reporter appointed under paragraph 2(2A)(a) must make proposals

as regards the appropriate procedure for examining the application.

(2)

The appropriate procedure may consist of one or more of the

following—

(a)

considering—

(i)

the objection by the relevant planning authority,

(ii)

any other objections made in accordance with

regulations under paragraph 3(1)(c), and

Page 25

(iii)

any other representations made in accordance with

an enactment;

(b)

considering new written representations about the application

from persons specified by the reporter;

(c)

holding one or more hearing sessions;

(d)

carrying out an inspection of the land to which the

application relates;

(e)

holding a public inquiry.

(3)

Where the reporter proposes a procedure that includes proceedings

within sub-paragraph (2) (b) , (c) or (e) , the proposal must include a

statement of the issues that are proposed to be within the scope of

each of those proceedings.

(4)

The reporter must—

(a)

publish the proposals,

(b)

notify all interested parties of the proposals, and

(c)

invite written representations about the proposals before the

end of the time period specified by the reporter.

(5)

The published proposals must include or be accompanied by an

explanation of the reasons for the proposals.

(6)

The reporter may hold a meeting to hear representations about the

proposals.

(7)

After considering the representations, the reporter must—

(a)

decide on the appropriate procedure for examining the

application, and

(b)

publish that decision.

(8)

The published decision must include or be accompanied by an

explanation of—

(a)

the reasons for the decision,

(b)

the intended time period for the carrying out of the

procedure, and

(c)

the intended time period within which the reporter will send

a final report to the Scottish Ministers.

(9)

Sub-paragraph (3) applies to the reporter’s decision as it applies to

the reporter’s proposals.

(10)

On completing the examination, the reporter must prepare and send

to the Scottish Ministers a final report setting out the reporter’s

recommendations on the application.

(11)

In this paragraph, “interested party” means—

(a)

the applicant,

(b)

the relevant planning authority which made the objection

under paragraph 2(2A),

Page 26

(c)

any person who has made an objection in accordance with

regulations under paragraph 3, or

(d)

any person who has made representations in accordance

with any other enactment.

(12)

The Secretary of State or the Scottish Ministers may by regulations

make provision amending or setting out further detail about the

procedure set out in this paragraph. (See also paragraph 7B (2) (e) .)

(13)

A statutory instrument containing regulations under this paragraph

is not to be made by the Secretary of State unless a draft of the

instrument has been laid before and approved by a resolution of

each House of Parliament.

(14)

Regulations made by the Scottish Ministers under this paragraph

are subject to the affirmative procedure.”

(5)

After paragraph 7A insert—

“Applications to the Scottish Ministers: time limits

(1)

The Secretary of State or the Scottish Ministers may by regulations

specify a time limit for actions that may or must be taken in relation

to an application to the Scottish Ministers for consent under section

36 or 37.

(2)

The regulations may, for example, specify a time limit for—

(a)

a person to comply with a requirement of regulations under

paragraph 1A;

(b)

a person to respond to a pre-application consultation (see

paragraph 1A (3) (c) );

(c)

a person who is notified of an application in accordance with

an enactment to provide their opinion or advice on the

application;

(d)

a relevant planning authority to object to an application

under paragraph 2(2A);

(e)

a reporter to take any steps required by paragraph 2A;

(f)

the Scottish Ministers to decide an application.

(3)

The regulations may include provision about the consequences of

failure to comply with a time limit.

(4)

Where regulations under this paragraph specify a time limit for the

completion of an acceptance stage (see paragraph 1A (2) (c) ), the

regulations may not permit the extension of that limit.”

(6)

The amendments made by subsection (3) do not affect the continued

application in relation to the Scottish Ministers of regulations made under

paragraph 2(3) of Schedule 8 to the Electricity Act 1989 before this section

comes into force.

Page 27

Variation of consents etc

After section 37 of the Electricity Act 1989 insert—

“37A

Application for variation of section 37 consent: Scotland

(1)

The person for the time being entitled to the benefit of a section 37

consent that was granted by the Scottish Ministers may make an

application to the Scottish Ministers for the consent to be varied.

(2)

The Secretary of State or the Scottish Ministers may by regulations

make provision about variation under this section, including in

particular provision about—

(a)

the making and withdrawal of applications;

(b)

fees;

(c)

publicity and consultation requirements;

(d)

rights to make representations;

(e)

public inquiries;

(f)

consideration of applications.

(3)

The regulations may provide for any statutory provision applicable

to the grant by the Scottish Ministers of a section 37 consent to apply

with specified modifications to the variation of a section 37 consent

under this section.

(4)

On an application for a section 37 consent to be varied, the Scottish

Ministers may make such variations to the consent as appear to them

to be appropriate, having regard (in particular) to—

(a)

the applicant’s reason for seeking the variation;

(b)

the variations proposed;

(c)

any objections made to the proposed variations, the views of

consultees and the outcome of any public inquiry.

(5)

In this section—

“section 37 consent” means a consent granted under section 37

(consent required for overhead lines);

“statutory provision” means a provision of or made under an

Act, whenever passed or made; and for this purpose “Act”

includes an Act of the Scottish Parliament.

37B

Variation of section 36 and 37 consents on change of circumstances:

Scotland

(1)

The Scottish Ministers may vary a consent under section 36 or 37 if—

(a)

they consider that the consent ought to be varied—

(i)

because of a change in circumstances relating to the

environment, or

(ii)

because of technological changes, and

Page 28

(b)

the person for the time being entitled to the benefit of the

consent agrees to the variation.

(2)

The Secretary of State or the Scottish Ministers may by regulations

make provision about variation under this section, including in

particular provision about—

(a)

the procedure for getting agreement;

(b)

publicity, notification and consultation requirements;

(c)

rights to make representations.

(3)

The regulations may provide for any statutory provision applicable

to the grant by the Scottish Ministers of a consent under section 36 or

37 to apply with specified modifications to the variation of such a

consent under this section.

(4)

In this section, “statutory provision” has the same meaning as in section

37A .

37C

Correction of errors in consent documents: Scotland

(1)

The Scottish Ministers may amend a decision document in order to

correct a correctable error.

(2)

In subsection (1) —

“correctable error” means an error or omission which—

(a)

is in a part of the decision document which records the

decision, and

(b)

is not part of the statement of reasons for the decision;

“decision document” means—

(a)

a document recording a consent under section 36 or 37,

(b)

a document recording a variation of such a consent.

(3)

The Scottish Ministers may exercise the power in subsection (1) either

of their own accord or following a written request from a person for

the time being entitled to the benefit of the consent.

(4)

The Secretary of State or the Scottish Ministers may by regulations

make provision about the process for corrections, including in

particular provision about—

(a)

the making of written requests;

(b)

notification requirements;

(c)

rights to make representations.”

Proceedings for questioning certain decisions on consents

(1)

Section 36D of the Electricity Act 1989 (proceedings for questioning certain

decisions under section 36) is amended as set out in subsections (2) to (4) .

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(2)

For subsection (3) substitute—

“(3)

This section applies to a decision under any of the following—

(a)

section 36 (application for consent for generating station);

(b)

section 36C (application for variation of section 36 consent);

(c)

section 37 (application for consent for overhead lines);

(d)

section 37A (application for variation of section 37 consent);

(e)

section 37B (variation of consents by Scottish Ministers);

(f)

section 37C (consents and variation of consents in Scotland:

correction of errors).”

(3)

In subsection (4), for “taken” substitute “published by the Scottish Ministers”.

(4)

In the heading, for “under section 36” substitute “of the Scottish Ministers”.

(5)

In Schedule 8 to the Electricity Act 1989, in paragraph 5B (proceedings for

questioning certain decisions under paragraph 3(2)), in sub-paragraph (4), for

“taken” substitute “published by the Scottish Ministers”.

(6)

In section 237 of the Town and Country Planning (Scotland) Act 1997

(challenges to validity of development plans and certain orders, decisions

and directions), in subsection (3), after paragraph (b) insert—

“(ba)

any decision to give a direction under section 57(2) or (2ZA);”.

(7)

The amendments made by this section apply only in relation to decisions

made on or after the date on which this section comes into force.

Applications for necessary wayleaves: fees

In Schedule 4 to the Electricity Act 1989 (other powers etc of licence holders),

after paragraph 6 insert—

“Fees for applications under paragraph 6(3) to the Scottish Ministers

The Scottish Ministers may by regulations make provision about

the fees to be paid to the Scottish Ministers in relation to an

application made to them under paragraph 6(3).”

Regulations

(1)

Section 106 of the Electricity Act 1989 (regulations and orders) is amended

as follows.

(2)

In subsection (1ZA) —

(a)

for “the power conferred on” substitute “a power of”;

(b)

for “by section 36C” substitute “to make regulations (see section 27 of

the Interpretation and Legislative Reform (Scotland) Act 2010 (Scottish

statutory instruments))”.

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(3)

After subsection (2) insert—

“(2ZA)

Subsection (2) does not apply to a statutory instrument containing

(whether alone or with other provision)—

(a)

regulations under paragraph 2A of Schedule 8;”.

(4)

In subsection (3) , for the words after “under” substitute “—

“(a)

section 36C,

(b)

section 37A ,

(c)

section 37B ,

(d)

section 37C ,

(e)

paragraph 6A of Schedule 4, or

(f)

any paragraph of Schedule 8 except paragraph 2A ,

are subject to the negative procedure.”

(5)

At the end insert—

“(4)

Before making regulations under a provision listed in subsection (6)

, the Secretary of State must consult the Scottish Ministers.

(5)

Before making regulations under a provision listed in subsection (6)

, the Scottish Ministers must consult the Secretary of State.

(6)

The provisions are—

(a)

section 37A ;

(b)

section 37B ;

(c)

section 37C ;

(d)

paragraphs 1A , 2A and 7B of Schedule 8.”

Schedule 1 makes—

(a)

amendments to the Electricity Act 1989 that are consequential on the

amendments made by sections 18 to 22 , and

(b)

other minor amendments relating to consents for electricity

infrastructure in Scotland (including amendments to reflect previous

transfers of functions to the Scottish Ministers).

Environmental impact assessments for electricity works

(1)

The Secretary of State or the Scottish Ministers may by regulations amend

the Electricity Works (Environmental Impact Assessment) (Scotland)

Regulations 2017 (S.S.I. 2017/101) (the “2017 Regulations”) by making provision

described in subsection (2) in connection with environmental impact

assessments and applications made to the Scottish Ministers for—

(a)

consent granted under section 36 or 37 of the Electricity Act 1989

(consent for construction etc of generating stations or for overhead

lines), or

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(b)

variation of consent granted under section 36 of that Act.

(2)

That provision is—

(a)

provision for the Scottish Ministers to refuse an application in respect

of Schedule 2 development that is not accompanied by an EIA report

if the development has not been the subject of a screening opinion;

(b)

provision for the Scottish Ministers to charge developers fees for

screening opinions and scoping opinions;

(c)

provision about the sending of copies of EIA reports to the Scottish

Ministers;

(d)

provision about the publication by developers of the information listed

in regulation 14(2) of the 2017 Regulations (information about EIA

reports);

(e)

provision about making EIA reports available for inspection;

(f)

provision about time limits for the consultation bodies and other public

bodies to make representations to the Scottish Ministers about scoping

opinions and EIA reports;

(g)

provision about time limits for the consultation bodies and other public

bodies to enter into consultation with developers about, and to make

available, information relevant to the preparation of EIA reports;

(h)

provision about time limits for developers to provide additional

information to the Scottish Ministers;

(i)

provision about the publication by developers of the information listed

in regulation 20(3) of the 2017 Regulations (information about

additional information);

(j)

provision about making additional information available for inspection;

(k)

provision about the publication by developers of the information listed

in regulation 23(2) of the 2017 Regulations (information about

decisions);

(l)

provision that the Secretary of State or the Scottish Ministers consider

appropriate for securing that the procedures under the 2017 Regulations

operate effectively, or more effectively, alongside the procedures under

regulations made under section 36C of the Electricity Act 1989 or

paragraph 1A or 7B of Schedule 8 to that Act (inserted by section 18

of this Act).

(3)

The Secretary of State or the Scottish Ministers may by regulations amend

the 2017 Regulations by making provision described in subsection (4) in

connection with environmental impact assessments and applications made to

the Scottish Ministers for variation of consent granted under section 37 of the

Electricity Act 1989.

(4)

That provision is—

(a)

provision requiring an environmental impact assessment in respect of

the proposed variation to be carried out before Scottish Ministers—

(i)

vary the consent, or

Page 32

(ii)

direct that planning permission is deemed to be granted under

section 57(2) or (2ZA) of the Town and Country Planning

(Scotland) Act 1997 in respect of EIA development;

(b)

provision requiring the Scottish Ministers to take the environmental

information into account when carrying out an environmental impact

assessment in respect of the proposed variation;

(c)

provision applying provisions of the 2017 Regulations (including

provisions amended by regulations under subsection (1) ), with or

without modifications;

(d)

provision that the Secretary of State or the Scottish Ministers consider

appropriate for securing that the procedures under the 2017 Regulations

operate effectively, or more effectively, alongside the procedures under

regulations made under section 37A of the Electricity Act 1989 (inserted

by section 19 of this Act).

(5)

Regulations under this section may—

(a)

make different provision for different purposes or different areas;

(b)

make consequential or supplementary provision;

(c)

make transitional provision.

(6)

Regulations under this section made by the Secretary of State are to be made

by statutory instrument.

(7)

A statutory instrument containing regulations made by the Secretary of State

under this section is subject to annulment in pursuance of a resolution of

either House of Parliament.

(8)

Before making regulations under this section, the Secretary of State must

consult the Scottish Ministers.

(9)

For regulations under this section made by the Scottish Ministers, see section

27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)

(Scottish statutory instruments).

(10)

Regulations made by the Scottish Ministers under this section are subject to

the negative procedure (see section 28 of the Interpretation and Legislative

Reform (Scotland) Act 2010 (asp 10)).

(11)

Before making regulations under this section, the Scottish Ministers must

consult the Secretary of State.

(12)

In this section, subject to subsection (13) , the following terms have the same

meaning as they have in the 2017 Regulations—

“additional information”

“the consultation bodies”

“developer”

“EIA development”

“EIA report”

“environmental impact assessment”

“environmental information”

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“Schedule 2 development”

“scoping opinion”

“screening opinion”.

(13)

In subsections (3) and (4) , those terms have the same meaning in connection

with applications for variation of consent granted under section 37 of the

Electricity Act 1989 as they have, in the 2017 Regulations, in connection with

applications for variation of consent granted under section 36 of that Act.

Long duration electricity storage

Long duration electricity storage

In the Electricity Act 1989, after section 10O insert—

“Long duration electricity storage

10P

Long duration electricity storage

(1)

The Authority must, as soon as reasonably practicable after this section

comes into force, establish and operate a scheme in accordance with

this section.

(2)

The scheme must be designed for the purpose of encouraging the

development and use of long duration electricity storage installations.

(3)

The scheme must be open to persons who—

(a)

hold or intend to apply for a generation licence to operate a

long duration electricity storage installation, and

(b)

meet any other specified criteria.

(4)

The scheme must provide for an LDES operator who operates an

approved installation—

(a)

to receive payments from a holder of an electricity system

operator licence where the operator’s assessed revenue from

that installation is below a specified amount, in specified

circumstances, and

(b)

to make payments to a holder of an electricity system operator

licence where the operator’s assessed revenue from that

installation is above a specified amount, in specified

circumstances.

(5)

In subsection (4) —

“an approved installation” means a long duration electricity

storage installation which is approved by the Authority for the

purposes of subsection (4) in accordance with the scheme;

“assessed revenue” , in relation to a long duration electricity

storage installation, means the difference between—

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(a)

revenue of a specified kind earned or derived in

connection with that installation, and

(b)

costs of a specified kind incurred in connection with

operating the installation.

(6)

The Authority may determine how costs and revenue are to be

calculated for the purposes of the scheme.

(7)

In setting charges to which Article 18(1) of the Electricity Regulation

applies, the holder of an electricity system operator licence may take

account of payments it makes or receives under the scheme.

(8)

In this section—

“LDES operator” means a person who, under a generation licence,

generates electricity by means of a long duration electricity

storage installation;

“long duration electricity storage installation” means an

installation that—

(a)

generates electricity from stored energy,

(b)

has an electricity generating capacity of not less than

50 megawatts, and

(c)

is capable of generating electricity at its full capacity

for a continuous period of not less than eight hours;

“specified” means specified by the Authority for the purposes of

the scheme in—

(a)

a document published by the Authority, or

(b)

a condition of a licence;

“stored energy” has the meaning given by section 4(3ZB).

(9)

The Secretary of State may by regulations amend the definition of

“long duration electricity storage installation” by substituting—

(a)

for the amount of electricity generating capacity for the time

being mentioned in paragraph (b) of the definition, a different

amount;

(b)

for the period for the time being mentioned in paragraph (c)

of the definition, a different period (which may not be less

than eight hours).”

Consumer benefits

Benefits for homes near electricity transmission projects

(1)

The Electricity Act 1989 is amended as follows.

Page 35

(2)

After section 38 insert—

“Benefits resulting from proximity to new or upgraded transmission infrastructure

38A

Power to establish scheme for giving of benefits

(1)

The Secretary of State may by regulations establish a scheme under

which persons with a specified connection to qualifying premises are

entitled to financial benefits provided (directly or indirectly) by

electricity suppliers.

(2)

Qualifying premises must be identified by reference to their proximity

to qualifying works.

(3)

Qualifying works must involve the construction, erection, expansion

or improvement of electrical plant or an electric line that (in either

case)—

(a)

is wholly or partly above the ground, and

(b)

forms or is intended to form part of a transmission system.

They may be works that took place before the making of the

regulations or the coming into force of this section.

(4)

The regulations may (among other things)—

(a)

make further provision determining, or for the determination

of, whether premises or works are qualifying;

(b)

confer functions in connection with the scheme;

(c)

provide for the delegation of functions conferred in connection

with the scheme;

(d)

provide for payments by electricity suppliers to meet costs

incurred in the carrying out of functions in connection with

the scheme;

(e)

provide for the costs of electricity suppliers under the scheme

to be distributed among suppliers on such basis, and by such

means, as the regulations provide;

(f)

restrict a person’s ability to obtain payment of an amount

standing to the credit of the person’s account with an electricity

supplier, where that amount derives from benefits under the

scheme;

(g)

make provision about cases in which a person who has received

benefits under the scheme in respect of premises ceases to be

entitled under the scheme in respect of the premises, including

provision for the withdrawal or recovery of the benefits;

(h)

make pass-through provision and associated provision (see

section 38B );

(i)

make enforcement provision (see section 38C );

(j)

make information provision (see section 38D ).

Page 36

(5)

To the extent that this section enables provision to be made affecting

the holders of licences, provision for that purpose may be made by

modifying, or empowering or requiring the Authority to modify—

(a)

the conditions of a licence, or

(b)

a document maintained in accordance with the conditions of

a licence, or an agreement that gives effect to a document so

maintained.

(6)

A statutory instrument containing regulations that make provision

within—

(a)

subsection (4) (h) ,

(b)

section 38C (1) (b) , or

(c)

section 38D (3) , if the provision creates or amends an offence,

or amends the punishment for an offence,

may not be made unless a draft of the instrument has been laid before,

and approved by a resolution of, each House of Parliament.

(7)

A draft laid under subsection (6) is not to be treated as a hybrid

instrument for the purposes of the standing orders of either House of

Parliament.

(8)

Regulations under this section bind the Crown unless they provide

otherwise.

(9)

The Secretary of State may, out of money provided by Parliament,

make payments to a person on whom functions are conferred by

regulations under this section for the purposes of meeting (or helping

to meet) the expenses of carrying out those functions.

38B

Passing of benefits to ultimate consumer

(1)

This section applies for the purposes of section 38A (4) (h) .

(2)

“Pass-through provision” is provision that—

(a)

applies where—

(i)

one person (“the intermediary”) receives benefits under

the scheme in connection with qualifying premises, and

(ii)

another person (“the end-user”) who is not living as

part of the same household as the intermediary

consumes electricity supplied to the premises, and

(b)

requires the intermediary to pass on the substance of those

benefits to the end-user.

(3)

“Associated provision” means provision that relates to pass-through

provision and—

(a)

requires intermediaries to take steps to obtain benefits that will

be subject to the requirement referred to in subsection (2) (b) ,

(b)

requires intermediaries to supply information to end-users,

Page 37

(c)

provides for the making of payments to intermediaries (in

addition to the provision of benefits of the sort mentioned in

section 38A (1) ), or

(d)

provides for the withdrawal or recovery of benefits given or

other payments made to intermediaries who fail to comply

with the requirement referred to in subsection (2) (b) .

(4)

For the purposes of subsection (2) (a) (ii) , the cases in which electricity

is consumed by a person include those in which the electricity is used

to make available to the person heating, cooling, hot water or energy.

38C

Enforcement of benefit scheme

(1)

In section 38A (4) (i) , “enforcement provision” means—

(a)

provision for the enforcement in civil proceedings of

requirements under the scheme,

(b)

provision for a person to impose a monetary penalty where

the person is satisfied on the balance of probabilities that—

(i)

a requirement under the regulations has not been

complied with, or

(ii)

benefits or other payments under the scheme have been

wrongfully obtained, or

(c)

provision for complaints procedures, dispute resolution,

adjudication, appeals or redress in connection with the scheme.

(2)

If regulations under section 38A provide for the imposition of monetary

penalties, they must provide a right of appeal to a court or tribunal

on grounds including both error of fact and error of law.

(3)

The provision that may be made by virtue of subsection (1) (c) includes

provision for Part 2 of the Consumers, Estate Agents and Redress Act

2007 (complaints handling and redress schemes) to apply (with or

without modifications) to end-user complaints as it applies to consumer

complaints within the meaning of that Part.

(4)

In subsection (3) , “end-user complaints” means complaints in

connection with pass-through provision made by end-users against

intermediaries or electricity suppliers (with the definitions in section

38B applying for the purposes of this subsection).

38D

Disclosure and use of information in connection with benefit scheme

(1)

In section 38A (4) (j) , “information provision” means provision within

subsection (2) or (3) .

(2)

Provision is within this subsection if it is provision for the disclosure

of information or evidence for the purposes of—

(a)

identifying persons entitled to benefits under the scheme,

(b)

identifying qualifying premises or qualifying works,

Page 38

(c)

checking whether requirements under, or resulting from, the

regulations are being or have been complied with,

(d)

checking payments made under the scheme,

(e)

facilitating the performance of functions conferred, or the

enforcement of duties imposed, by or as a result of the

regulations, or

(f)

evaluating the performance of the scheme.

(3)

Provision is within this subsection if it is provision about the use or

further disclosure of information disclosed—

(a)

further to provision within subsection (2) , or

(b)

otherwise in connection with the scheme.

(4)

The provision that may be made by virtue of subsection (3) includes

provision making it an offence to use or disclose information in an

unauthorised manner; but such an offence may not be made punishable

by imprisonment.

(5)

Regulations under section 38A that authorise the use or disclosure of

information are not to be taken to authorise disclosure or use that

would be liable to harm the commercial interests of any person, except

to the extent that—

(a)

the regulations otherwise provide, or

(b)

the person disclosing or using the information reasonably

considers such disclosure or use necessary in view of the

purpose of the regulations.

(6)

Regulations under section 38A do not require or authorise the

disclosure or use of information that—

(a)

contravenes the data protection legislation (but this section and

the regulations are to be taken into account in determining

whether the disclosure or use would contravene that

legislation), or

(b)

is prohibited by any of Parts 1 to 7 and Chapter 1 of Part 9 of

the Investigatory Powers Act 2016.

(7)

In subsection (6) , “the data protection legislation” has the same

meaning as in the Data Protection Act 2018 (see section 3 of that Act).”

(3)

In section 106 (regulations and orders under the Act), in subsection (2ZA)

(inserted by section 22 (3) ), after paragraph (a) insert—

“(b)

regulations in relation to which section 38A (6) applies.”

(4)

In paragraph 6 of Schedule 6A (requirements enforceable against suppliers

under section 25), before sub-paragraph (a) insert—

“(za)

any provision of regulations under section 38A that is

designated in the regulations as a relevant provision for the

purposes of this paragraph;”.

Page 39

Electricity transmission period

Electricity transmission systems: extension of commissioning period

In section 6G (1) of the Electricity Act 1989 (meaning of “commissioning period”

for the purposes of determining whether a person is to be regarded as

participating in the transmission of electricity), in paragraph (b) , for “18

months” substitute “27 months”.

Electricity generation on forestry land

Use of forestry estate for renewable electricity

In the Forestry Act 1967, after section 3 insert—

“3A

Use of land in connection with renewable electricity projects

(1)

The appropriate forestry authority may—

(a)

use, or enter into arrangements in connection with the use of,

forestry land for the generation, storage, transmission or supply

of renewable electricity;

(b)

sell, or enter into other arrangements concerning, renewable

electricity generated, stored or supplied on, or transmitted

across, forestry land;

(c)

use, or enter into arrangements in connection with the use of,

forestry land for activity that—

(i)

is intended to satisfy, or enable the satisfaction of, a

relevant condition of development (whether existing or

contemplated), or

(ii)

otherwise arises in connection with such a condition.

(2)

For the purposes of subsection (1) (c) , a relevant condition of

development is a condition of development that—

(a)

relates to renewable electricity development located wholly or

partly on forestry land, and

(b)

is intended to benefit the natural environment of land.

(3)

The exercise of the powers in subsection (1) for either of the following

purposes is to be taken to be consistent with the appropriate forestry

authority’s general duty under section 1(2)—

(a)

facilitating or promoting the use of renewable electricity;

(b)

obtaining funds for meeting the expenses referred to in section

41(2) or, in the case of land in Wales, for the activities of the

Natural Resources Body for Wales.

(4)

When the appropriate forestry authority are considering the exercise

of those powers, section 1(3A) applies as if it included a further

paragraph referring to those purposes.

Page 40

(5)

The appropriate national authority may by regulations made by

statutory instrument—

(a)

provide that the appropriate forestry authority may not exercise

their powers under this section without the appropriate national

authority’s consent;

(b)

make provision about the process by which that consent is to

be sought and given or refused;

(c)

provide for that consent to be given subject to conditions.

(6)

Regulations under subsection (5) —

(a)

may make different provision for different purposes or areas;

(b)

may include consequential, incidental, supplementary,

transitional or saving provision.

(7)

A statutory instrument containing regulations under subsection (5) is

subject to annulment in pursuance of a resolution of—

(a)

either House of Parliament, in the case of regulations made by

the Secretary of State;

(b)

Senedd Cymru, in the case of regulations made by the Welsh

Ministers.

(8)

In this section—

“appropriate national authority” means—

(a)

the Secretary of State, in relation to the Commissioners;

(b)

the Welsh Ministers, in relation to the Natural Resources

Body for Wales;

“condition of development” means—

(a)

a condition to which planning permission is subject, or

(b)

a requirement contained in an order granting

development consent under the Planning Act 2008

(development consent for nationally significant

infrastructure);

“forestry land” means land placed at the disposal of the

appropriate forestry authority under this Act;

“natural environment” , in relation to land, includes—

(a)

its plants, animals and other living organisms,

(b)

their habitats, and

(c)

its geological features;

“renewable electricity” means electricity produced from sources

other than—

(a)

coal,

(b)

lignite,

(c)

peat,

(d)

natural gas, within the meaning of the Energy Act 1976,

(e)

crude liquid petroleum,

Page 41

(f)

petroleum products, within the meaning of the Energy

Act 1976,

(g)

any substance produced directly or indirectly from a

substance within paragraphs (a) to (f) ,

(h)

energy derived from any substance within paragraphs

(a) to (g) , or

(i)

nuclear fuel;

“renewable electricity development” means development the main

purpose of which is the generation, storage, transmission or

supply of renewable electricity.

(9)

References in this section to the storage of electricity are to the storage

of energy converted from electricity for the purpose of its reconversion

into electricity.”

Chapter 3

Transport infrastructure

Amendments to the Highways Act 1980

Fees for certain services

(1)

The Highways Act 1980 is amended as follows.

(2)

After section 281A (stamp duty land tax) insert—

“281B

Power to provide for fees for certain services

(1)

The appropriate national authority may by regulations make provision

for, or in connection with, the charging of fees to highway authorities

by prescribed public authorities, in relation to the provision of relevant

services.

(2)

A “relevant service” means any advice, information or other assistance

(including a response to a consultation) provided, whether or not to

a highway authority, in connection with—

(a)

an order made, or proposed to be made, under Part 2, 6 or 12,

(b)

any other prescribed matter relating to any of those Parts.

(3)

The regulations under subsection (1) may, in particular, make

provision—

(a)

about when a fee (including a supplementary fee) may, and

may not, be charged;

(b)

about the amount which may be charged;

(c)

about what may, and may not, be taken into account in

calculating the amount charged;

(d)

about which highway authority is liable to pay a fee charged;

Page 42

(e)

about when a fee charged is payable;

(f)

about the recovery of fees charged;

(g)

about waiver, reduction or repayment of fees;

(h)

about the effect of paying or failing to pay fees charged

(including provision permitting a prescribed public authority

to withhold a relevant service that it would otherwise be

required to provide under an enactment until any outstanding

fees for that service are paid);

(i)

for the supply of information for any purpose of the

regulations;

(j)

conferring a function, including a function involving the

exercise of a discretion, on any person.

(4)

A prescribed public authority must have regard to—

(a)

any guidance published by the Secretary of State in relation to

the exercise of the authority’s functions under regulations made

under this section by the Secretary of State;

(b)

any guidance published by the Welsh Ministers in relation to

the exercise of the authority’s functions under regulations made

under this section by the Welsh Ministers.

(5)

Regulations under this section may make—

(a)

different provision for different purposes or areas;

(b)

incidental, consequential, supplementary, transitional or

transitory provision or savings.

(6)

In this section—

“appropriate national authority” means—

(a)

in relation to England, the Secretary of State, and

(b)

in relation to Wales, the Welsh Ministers;

“prescribed” means prescribed by regulations made by the

appropriate national authority under this section;

“public authority” means any person certain of whose functions

are of a public nature.”

(3)

In section 325 (provisions as to regulations, schemes and orders)—

(a)

before subsection (2) insert—

“(1B)

The power of the Welsh Ministers to make regulations under

section 281B is exercisable by statutory instrument.”;

(b)

in subsection (2)(a), after “8A” insert “or regulations made by the

Welsh Ministers under section 281B ”;

(c)

after subsection (2A) insert—

“(2B)

A statutory instrument containing regulations made by the

Welsh Ministers under section 281B is subject to annulment in

pursuance of a resolution of Senedd Cymru.

Page 43

Power of strategic highways company in relation to trunk roads

(1)

Section 10 of the Highways Act 1980 (trunk roads) is amended as set out in

subsections (2) to (6) .

(2)

Omit subsection (2A).

(3)

In subsection (3), for “this section” substitute “subsection (2)”.

(4)

In subsection (3A), after “power” insert “under subsection (2)”.

(5)

In subsection (4), for “this section” substitute “subsection (2)”.

(6)

After subsection (4) insert—

“(4A)

A strategic highways company may by order direct—

(a)

that a highway for which the company is the highway authority

is to become a trunk road,

(b)

in relation to a highway in the company’s area for which the

company is not the highway authority, that—

(i)

the highway is to become a trunk road, and

(ii)

the company is to become the highway authority for it,

(c)

that a trunk road for which the company is the highway

authority is to cease to be a trunk road.

(4B)

In subsection (4A) (b) —

(a)

the reference to the company’s area is to the area in respect of

which it was appointed (see section 2(1) of the Infrastructure

Act 2015), and

(b)

the reference to a highway for which the company is not the

highway authority includes a proposed highway to be

constructed by the company.

(4C)

A strategic highways company may make an order under subsection

(4A) only if it is satisfied that the order is expedient for the purpose

of extending, improving or reorganising the national system of routes

for through traffic in England and Wales.

(4D)

A strategic highways company may be satisfied as mentioned in

subsection (4C) only after taking into consideration the requirements

of local and national planning, including the requirements of

agriculture.

(4E)

An order under subsection (4A) —

(a)

must specify the date on which it takes effect, and

(b)

must be confirmed by the Secretary of State.

(4F)

Subsections (3) and (4) apply in relation to the power in subsection

(4A) as they apply in relation to the power in subsection (2).

Page 44

(4G)

The powers in this section are subject to section 33(4) of the Planning

Act 2008 (exclusion of powers to make or confirm orders in relation

to highways for which development consent required).”

(7)

In Schedule 1 to the Highways Act 1980 (procedures for making or confirming

orders and schemes), after paragraph 1 insert—

“1A

Where an order under section 10 of this Act is submitted to the

Secretary of State by a strategic highways company, that company

must publish, in the manner specified in paragraph 1, the notice

there referred to; and that paragraph has effect in relation to the

notice as if, for the references to the draft order and the making of

the order, there were substituted references to the order as submitted

to the Secretary of State and the confirmation of the order

respectively.”

Deadlines for consultation and decisions on certain orders and schemes

(1)

Schedule 1 to the Highways Act 1980 (procedures for making or confirming

certain orders and schemes) is amended as follows.

(2)

In paragraph 1 , in sub-paragraph (b) , for “6 weeks from the date of the

publication of the notice” substitute “the minimum period specified in

paragraph 2A ”.

(3)

After paragraph 2 insert—

“2A

The minimum period is—

(a)

30 days from the date of the publication of the notice, in the

case of an order proposed by, or submitted to, the Secretary

of State;

(b)

6 weeks from the date of the publication of the notice, in

the case of an order proposed by, or submitted to, the Welsh

Ministers.”

(4)

After paragraph 8 insert—

“8A

(1)

This paragraph applies where the Secretary of State is exercising

the functions conferred by paragraph 8.

(2)

The Secretary of State must—

(a)

decide to make or confirm the proposed order,

(b)

decide not to make or confirm the proposed order, or

(c)

decide to give notification under paragraph 8(3)(a),

within the period of 10 weeks beginning with the relevant day.

(3)

Subject to sub-paragraph (4) , the relevant day is the day on which

any of the following occurs in relation to the proposed order—

(a)

the period specified in the notice published under paragraph

1 or (as the case may be) paragraph 5 expires with no

qualifying objection having been received by the Secretary

of State;

Page 45

(b)

a qualifying objection is withdrawn with the result that no

qualifying objections remain live;

(c)

the Secretary of State decides under paragraph 7(2) to

dispense with an inquiry;

(d)

the Secretary of State receives the report of the person who

has held a local inquiry.

(4)

In a case where—

(a)

the Secretary of State has to decide whether to confirm a

related compulsory purchase order, and

(b)

the relevant day in relation to that compulsory purchase

order is later than the relevant day specified in

sub-paragraph (3) ,

the relevant day for the purposes of sub-paragraph (2) is the relevant

day in relation to the compulsory purchase order.

(5)

The relevant day in relation to a related compulsory purchase order

is the day on which the procedure that must be followed before the

Secretary of State can decide whether to confirm the order (not

including any duty on the Secretary of State to consider certain

matters before taking that decision) is completed.

(6)

Where the Secretary of State gives notification under paragraph

8(3)(a), the Secretary of State must decide whether or not to make

or confirm the proposed order within the period of 10 weeks

beginning with the final day of the period specified under paragraph

8(3)(b).

(7)

Sub-paragraphs (4) and (5) apply for postponing the first day of the

period referred to in sub-paragraph (6) as they apply for postponing

the relevant day for the purposes of sub-paragraph (2) .

(8)

If the Secretary of State has decided to proceed in accordance with

paragraph 8(2), sub-paragraphs (2) to (7) of this paragraph apply

separately in relation to each part of the proposals that is being

given separate consideration.

(9)

The Secretary of State may in any particular case, if the Secretary

of State considers it appropriate, extend a period that applies under

this paragraph.

(10)

The power under sub-paragraph (9) may be exercised—

(a)

more than once in relation to the same period;

(b)

after the expiry of the period.

(11)

The Secretary of State must give written notice of any extension—

(a)

in a case where the proposed order has already been made,

to the authority that made it, and

(b)

to each person who has made a qualifying objection and not

withdrawn it.

(12)

In this paragraph—

Page 46

“qualifying objection” means an objection received as described

in paragraph 7(1)(a) or (b);

“related compulsory purchase order” , in relation to a proposed

order, means a compulsory purchase order proceedings on

which could, by virtue of section 257(1), be taken

concurrently with any proceedings under this Schedule on

the proposed order.”

(5)

In paragraph 10 —

(a)

the existing text becomes sub-paragraph (1);

(b)

in paragraph (b) of that sub-paragraph, for “6 weeks from the date of

the publication of the notice” substitute “the minimum period specified

in sub-paragraph (2) ”;

(c)

after that sub-paragraph insert—

“(2)

The minimum period is—

(a)

30 days from the date of the publication of the notice,

in the case of a scheme proposed by, or submitted

to, the Secretary of State;

(b)

6 weeks from the date of the publication of the notice,

in the case of a scheme proposed by, or submitted

to, the Welsh Ministers.”

(6)

After paragraph 15 insert—

“15A

(1)

This paragraph applies where the Secretary of State is exercising

the functions conferred by paragraph 15.

(2)

The Secretary of State must—

(a)

decide to make or confirm the proposed scheme,

(b)

decide not to make or confirm the proposed scheme, or

(c)

decide to give notification under paragraph 15(3)(a),

within the period of 10 weeks beginning with the relevant day.

(3)

Subject to sub-paragraph (4) , the relevant day is the day on which

any of the following occurs in relation to the proposed scheme—

(a)

the period specified in the notice published under paragraph

10 or (as the case may be) paragraph 12 expires with no

qualifying objection having been received by the Secretary

of State;

(b)

a qualifying objection is withdrawn with the result that no

qualifying objections remain live;

(c)

the Secretary of State decides under paragraph 14(2) to

dispense with an inquiry;

(d)

the Secretary of State receives the report of the person who

has held a local inquiry.

(4)

In a case where—

(a)

the Secretary of State has to decide whether to confirm a

related compulsory purchase order, and

Page 47

(b)

the relevant day in relation to that compulsory purchase

order is later than the relevant day specified in

sub-paragraph (3) ,

the relevant day for the purposes of sub-paragraph (2) is the relevant

day in relation to the compulsory purchase order.

(5)

The relevant day in relation to a related compulsory purchase order

is the day on which the procedure that must be followed before the

Secretary of State can decide whether to confirm the order (not

including any duty on the Secretary of State to consider certain

matters before taking that decision) is completed.

(6)

Where the Secretary of State gives notification under paragraph

15(3)(a), the Secretary of State must decide whether or not to make

or confirm the proposed scheme within the period of 10 weeks

beginning with the final day of the period specified under paragraph

15(3)(b).

(7)

Sub-paragraphs (4) and (5) apply for postponing the first day of the

period referred to in sub-paragraph (6) as they apply for postponing

the relevant day for the purposes of sub-paragraph (2) .

(8)

If the Secretary of State has decided to proceed in accordance with

paragraph 15(2), sub-paragraphs (2) to (7) of this paragraph apply

separately in relation to each part of the proposals that is being

given separate consideration.

(9)

The Secretary of State may in any particular case, if the Secretary

of State considers it appropriate, extend a period that applies under

this paragraph.

(10)

The power under sub-paragraph (9) may be exercised—

(a)

more than once in relation to the same period;

(b)

after the expiry of the period.

(11)

The Secretary of State must give written notice of any extension—

(a)

in a case where the proposed scheme has already been made,

to the authority that made it, and

(b)

to each person who has made a qualifying objection and not

withdrawn it.

(12)

In this paragraph—

“qualifying objection” means an objection received as described

in paragraph 14(1)(a) or (b);

“related compulsory purchase order” , in relation to a proposed

scheme, means a compulsory purchase order proceedings

on which could, by virtue of section 257(1), be taken

concurrently with any proceedings under this Schedule on

the proposed scheme.”

Page 48

Procedure for certain orders and schemes

(1)

The Highways Act 1980 is amended as follows.

(2)

In section 325 (provision for certain regulations, orders and schemes to be

made by statutory instrument)—

(a)

in the heading, omit “, schemes”;

(b)

in subsection (1)—

(i)

omit paragraph (b);

(ii)

in paragraph (d), after “sections” insert “10,”.

(3)

In section 326 (revocation and variation of schemes and orders)—

(a)

in subsection (2)—

(i)

after “An order” insert “or scheme”;

(ii)

after “section” insert “10,”;

(iii)

after “14B,” insert “16,”;

(iv)

after “27,” insert “106(3),”;

(v)

after “orders” insert “or schemes”;

(vi)

after “subsequent order” insert “or scheme”;

(b)

after subsection (2) insert—

“(2A)

Subsection (2) does not apply to an order or scheme under

section 10, 16 or 106(3) made or confirmed by the Welsh

Ministers (but see section 325(1A)).”;

(c)

in subsection (6), before “14,” insert “10,”.

(4)

In Schedule 1 (procedures for making or confirming certain orders and

schemes), after paragraph 19 insert—

“19A

On making or confirming an order or scheme in accordance with

this Schedule, the Secretary of State must publish on a government

website—

(a)

notice of the making or confirmation of the order or scheme,

(b)

if the order or scheme was made with modifications, a

summary of those modifications, and

(c)

either—

(i)

a copy of the order or scheme, together with any

maps or plans referred to in it, or

(ii)

an explanation of where and how that documentation

can be inspected.”

Compulsory acquisition powers to include taking of temporary possession

In section 250(8) of the Highways Act 1980 (compulsory acquisition by creation

of new rights to include rights of carrying out certain activity on land), after

“references to” insert “—

“(a)

the right to take temporary possession or occupation of land,

and

Page 49

(b)

Amendments to the Transport and Works Act 1992

Replacement of model clauses with guidance

In the Transport and Works Act 1992, for section 8 (model clauses) substitute—

“8

Guidance on draft orders

(1)

The Secretary of State may publish guidance about the preparation of

draft orders, for cases in which rules under section 6 require the

submission of such drafts to the Secretary of State.

(2)

The Welsh Ministers may publish guidance about the preparation of

draft orders, for cases in which rules under section 6 require the

submission of such drafts to the Welsh Ministers.

(3)

The guidance may set out model provisions considered suitable for

inclusion in the drafts (whether generally or in certain cases).

(4)

In arriving at a determination under section 13 in a case to which

guidance under this section applies, the Secretary of State or (as the

case may be) the Welsh Ministers must have regard to—

(a)

any departure from the guidance, and

(b)

any reasons given by the applicant for that departure.”

Removal of special procedure for projects of national significance

(1)

In the Transport and Works Act 1992, omit section 9 (special procedure for

projects considered to be of national significance).

(2)

In consequence of that amendment—

(a)

in section 3 of the Statutory Orders (Special Procedure) Act 1945

(petitions against orders), omit subsection (4A);

(b)

in section 12 of the Transport and Works Act 1992 (special

parliamentary procedure), omit subsection (2);

(c)

in the Channel Tunnel Rail Link Act 1996, omit section 42 (application

of section 9 of the 1992 Act to certain proposals affecting the Channel

Tunnel).

(3)

The amendments made by this section do not apply in relation to an

application in respect of which a notice under section 9(2) of the Transport

and Works Act 1992 has been published before this section comes into force.

Duty to hold inquiry or hearing

(1)

Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is

amended as follows.

Page 50

(2)

In subsection (3) (duty to hold inquiry or hearing on request from objector),

for the words from “an objection” to “applies,” substitute “—

“(a)

an objection is made by a person within subsection (4),

(b)

the person informs the Secretary of State in writing that the

person wishes the objection to be referred to an inquiry or dealt

with in accordance with subsection (2), and

(c)

the Secretary of State considers that the objection is serious

enough to merit such treatment,”.

(3)

After subsection (3) insert—

“(3A)

In a case in which the powers in subsections (1) and (2) are exercisable

by the Welsh Ministers, subsection (3) is to be read as referring to the

Welsh Ministers instead of the Secretary of State.”

(4)

The amendments made by this section do not apply in relation to an

application in respect of which rule 5(1) of the Transport and Works

(Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I.

2006/1466) has been complied with before this section comes into force.

Costs of inquiries

(1)

Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is

amended as follows.

(2)

In subsection (5) (application of section 250 of the Local Government Act

1972), before paragraph (a) insert—

“(za)

the powers of direction, certification and order-making

conferred by section 250(4) and (5) as applied by this subsection

may, unless otherwise directed by the Secretary of State or the

Welsh Ministers, be exercised on their behalf by the person

holding the inquiry,”.

(3)

After subsection (5) insert—

“(5A)

The power of direction conferred by section 250(4) of the Local

Government Act 1972 (costs of inquiry) as applied by subsection (5)

is, in the case of an application under section 6, to be exercised so as

to require the applicant to pay the costs in question, unless the person

exercising the power considers that there is good reason to exercise

it differently.”

(4)

In subsection (6) (application to hearings of provisions applied to inquiries),

after “(costs)” insert “, and subsection (5A) of this section,”.

(5)

The amendments made by subsections (3) and (4) do not apply in relation to

an application in respect of which rule 5(1) of the Transport and Works

(Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I.

2006/1466) has been complied with before this section comes into force.

Page 51

Deadline for decisions

(1)

The Transport and Works Act 1992 is amended as follows.

(2)

In section 13 (making or refusal of orders), after subsection (6) insert—

“(7)

The Secretary of State may, for cases involving applications under

section 6, make rules as to the period within which—

(a)

a determination under subsection (1) must be made, or

(b)

a step must be taken as required by subsection (4), section 13B

or section 13C.

(8)

Rules under subsection (7) —

(a)

may provide for periods to be determined or changed by the

Secretary of State or the Welsh Ministers in individual cases;

(b)

may provide for the postponement of a requirement under the

rules where a fee payable in connection with the application

is not paid on time;

(c)

may make different provision for different cases;

(d)

if they apply in relation to Wales, may be made only with the

agreement of the Welsh Ministers;

(e)

must be made by statutory instrument;

and such an instrument is subject to annulment in pursuance of a

resolution of either House of Parliament.”

(3)

In consequence of that amendment—

(a)

in section 13(6), for “to 13D” substitute “and 13C”;

(b)

omit section 13D (requirement to determine EIA application or proposal

within reasonable time);

(c)

in section 14(3A)(a), for “to 13D” substitute “and 13C”.

Publication of decisions and time for bringing challenge

(1)

The Transport and Works Act 1992 is amended as follows.

(2)

In section 14 (publicity for making or refusal of order)—

(a)

in subsection (1), for paragraphs (b) and (c) substitute “and

“(b)

publish the notice on a government website.”;

(b)

in subsection (2), for “(1)(a)” substitute “(1)”;

(c)

omit subsection (2A);

(d)

in subsection (3A), for “notices” substitute “notice”;

(e)

for subsection (3AA) substitute—

“(3AA)

If the determination is for the making of an EIA order, the

notice under subsection (1) must include the information

specified in subsection (3AB).”;

(f)

in subsection (4)—

Page 52

(i)

for “a notice” substitute “a copy of the notice under subsection

(1)”;

(ii)

omit the words from “; and” to the end.

(3)

In section 22(1) (period for challenging order), for the words from “within”

to “published” substitute “before the end of the period of 6 weeks beginning

with the day after the day on which notice of the determination to make the

order is first published under section 14(1) (b) ”.

(4)

In consequence of those amendments—

(a)

in section 12(3)(c) (modification of section 22(1) where special

parliamentary procedure applies), for “the notice required by section

14(1)(b) is published” substitute “notice is first published under section

14(1) (b) ”;

(b)

in section 13(5) (date of operation of order), for the words from “the

notice” to “published” substitute “notice of the determination to make

the order is first published under section 14(1) (b) ”.

(5)

The amendments made by this section do not apply in relation to a

determination made before this section comes into force or any order made

further to such a determination.

Fees for certain services

After section 23 of the Transport and Works Act 1992 insert—

“23A

Fees for certain services in connection with orders

(1)

The appropriate national authority may by regulations make provision

for, or in connection with, the charging of fees to applicants under

section 6 by prescribed public authorities, in relation to the provision

of relevant services.

(2)

A “relevant service” means any advice, information or other assistance

(including a response to a consultation) provided, whether or not to

an applicant under section 6, in connection with—

(a)

an application under section 6, or

(b)

any other prescribed matter relating to an order, or proposed

order, under section 1 or 3.

(3)

Regulations made under subsection (1) may, in particular, make

provision—

(a)

about when a fee (including a supplementary fee) may, and

may not, be charged;

(b)

about the amount which may be charged;

(c)

about what may, and may not, be taken into account in

calculating the amount charged;

(d)

about when a fee charged is payable;

(e)

about the recovery of fees charged;

(f)

about waiver, reduction or repayment of fees;

Page 53

(g)

about the effect of paying or failing to pay fees charged

(including provision permitting a prescribed public authority

to withhold a relevant service that it would otherwise be

required to provide under an enactment until any outstanding

fees for that service are paid);

(h)

for the supply of information for any purpose of the

regulations;

(i)

conferring a function, including a function involving the

exercise of a discretion, on any person.

(4)

A prescribed public authority must have regard to—

(a)

any guidance published by the Secretary of State in relation to

the exercise of the authority’s functions under regulations made

under this section by the Secretary of State;

(b)

any guidance published by the Welsh Ministers in relation to

the exercise of the authority’s functions under regulations made

under this section by the Welsh Ministers.

(5)

Regulations under this section may make—

(a)

different provision for different purposes or areas;

(b)

incidental, consequential, supplementary, transitional or

transitory provision or savings.

(6)

Regulations under this section are to be made by statutory instrument.

(7)

A statutory instrument containing regulations made by the Secretary

of State under this section is subject to annulment in pursuance of a

resolution of either House of Parliament.

(8)

A statutory instrument containing regulations made by the Welsh

Ministers under this section is subject to annulment in pursuance of

a resolution of Senedd Cymru.

(9)

In this section—

“appropriate national authority” means—

(a)

in relation to England and cross-border orders, the

Secretary of State, and

(b)

in relation to Wales but not cross-border orders, the

Welsh Ministers;

“cross-border order” means an order under section 1 or 3 that

has effect both in England and in Wales;

“prescribed” means prescribed by regulations made by the

appropriate national authority under this section;

“public authority” means any person certain of whose functions

are of a public nature.”

Page 54

Disapplication of heritage regimes

(1)

In the Transport and Works Act 1992, for section 17 (listed buildings and

conservation areas) substitute—

“17

Disapplication of certain authorisation regimes for the protection of

heritage

(1)

An order under section 1 or 3 may provide that works or operations

authorised by the order do not require—

(a)

consent under section 8 of the Planning (Listed Buildings and

Conservation Areas) Act 1990 (listed building consent in

England),

(b)

consent under section 89 of the Historic Environment (Wales)

Act 2023 (asc 3) (listed building consent in Wales),

(c)

consent under section 162 of that Act (conservation area consent

for demolition in Wales),

(d)

consent under section 2(3) or 3 of the Ancient Monuments and

Archaeological Areas Act 1979 (scheduled monument consent

in England),

(e)

consent under section 13 of the Historic Environment (Wales)

Act 2023 (scheduled monument consent in Wales), or

(f)

notice under section 35 of the Ancient Monuments and

Archaeological Areas Act 1979 (notice of operations in areas

of archaeological importance in England).

(2)

See also section 12(3A) of the Planning (Listed Buildings and

Conservation Areas) Act 1990 and section 94(4) of the Historic

Environment (Wales) Act 2023 (application for listed building consent

required in consequence of proposals under this Act to be made

directly to the Secretary of State).”

(2)

Schedule 2 makes amendments in consequence of that made by subsection

(1) .

(3)

The amendments made by this section (and by Schedule 2 ) do not apply in

relation to an order applied for under section 6 of the Transport and Works

Act 1992 if rule 5(1) of the Transport and Works (Applications and Objections

Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied

with in respect of the application before this section comes into force.

(4)

The amendment made by subsection (1) does not affect the continued force

of section 12(3A) of the Planning (Listed Buildings and Conservation Areas)

Act 1990.

Page 55

Deemed consent under marine licence

(1)

In the Transport and Works Act 1992, after section 19 insert—

“19A

Deemed consent under marine licences

(1)

An order of the Secretary of State under section 1 or 3 may include

provision deeming a marine licence to have been granted by the

Secretary of State for activities specified in the order (being activities

for which the Secretary of State is the appropriate licensing authority).

(2)

Activity specified under subsection (1) must be carried out wholly in

one or more of these areas—

(a)

England;

(b)

waters adjacent to England up to the seaward limits of the

territorial sea;

(c)

an exclusive economic zone, except any part of an exclusive

economic zone in relation to which the Scottish Ministers have

functions;

(d)

a Renewable Energy Zone, except any part of a Renewable

Energy Zone in relation to which the Scottish Ministers have

functions;

(e)

an area designated under section 1(7) of the Continental Shelf

Act 1964, except any part of that area which is within a part

of an exclusive economic zone or Renewable Energy Zone in

relation to which the Scottish Ministers have functions.

(3)

An order of the Welsh Ministers under section 1 or 3 may include

provision deeming a marine licence to have been granted by the Welsh

Ministers for activities specified in the order (being activities for which

the Welsh Ministers are the appropriate licensing authority).

(4)

An order including provision under subsection (1) or (3) may also

include provision—

(a)

deeming the licence to have been granted subject to such

conditions as may be specified in the order;

(b)

deeming any such conditions to have been attached to the

marine licence by the Secretary of State or (as the case may be)

the Welsh Ministers under Part 4 of the MCAA 2009.

(5)

If an order includes provision of the sort mentioned in paragraphs (a)

and (b) of subsection (4) , sections 68 (notice of applications) and 69(3)

and (5) (representations) of the MCAA 2009 do not apply in relation

to the deemed marine licence.

(6)

In this section—

“the appropriate licensing authority” has the meaning given by

section 113 of the MCAA 2009;

“exclusive economic zone” has the meaning given by section

322(1) of the MCAA 2009;

Page 56

“marine licence” means a marine licence under Part 4 of the

MCAA 2009;

“the MCAA 2009” means the Marine and Coastal Access Act 2009;

“Renewable Energy Zone” has the meaning given by section 84(4)

of the Energy Act 2004.

(7)

For the purposes of this section, waters are to be treated as adjacent,

or as not adjacent, to England if they would be so treated for the

purposes of section 113 of the MCAA 2009 as a result of sections 322(4)

to (9) of that Act.”

(2)

The amendments made by this section do not apply in relation to an order

applied for under section 6 of the Transport and Works Act 1992 if rule 5(1)

of the Transport and Works (Applications and Objections Procedure) (England

and Wales) Rules 2006 (S.I. 2006/1466) has been complied with in respect of

the application before this section comes into force.

Authorisation of applications by local authorities

(1)

In section 20 of the Transport and Works Act 1992 (power to apply for or

object to orders)—

(a)

in subsection (2), omit “by subsection (3) or (4)”;

(b)

after subsection (4) insert—

“(5)

In the case of a local authority to which section 239 of the Local

Government Act 1972 applies, a resolution to make an

application passed, by virtue of this section, in accordance with

subsection (2)(a) of that section does not need to be confirmed

in accordance with subsection (2)(b) of that section.”

(2)

The amendments made by this section do not apply in relation to an

application or objection that is the subject of a resolution under section

239(2)(a) of the Local Government Act 1972 passed before this section comes

into force.

Extension to Scotland of certain amendments

The amendments made to the Transport and Works Act 1992 by the following

provisions are extended to Scotland—

(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).

Page 57

Power to make consequential amendments

(1)

The Secretary of State may by regulations made by statutory instrument make

provision that is consequential on sections 34 to 44 .

(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

(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—

“Fees

(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;

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(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

Installation of electric vehicle charge points

(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).”

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(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,

(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)—

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(a)

at the appropriate places insert—

“public charge point

section 105(1)”;

“street works permit

section 105(1)”.

(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 .”

Part 2

Planning

Chapter 1

Planning decisions

Fees for planning applications etc

(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.

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(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) .

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(6)

After section 303 of the Town and Country Planning Act 1990 insert—

“303ZZA

Directions in relation to fees set by English local planning

authorities etc

(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.”

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Surcharge on planning fees

In the Town and Country Planning Act 1990 , after section 303ZZA (inserted

by section 48 ) insert—

“303ZZB

Surcharge on planning fees

(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,

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(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

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

“England: training in the exercise of certain planning functions

319ZZA

Training: local planning authorities in England

(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.

Page 65

(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

Training: certain mayoral planning functions

(1)

The Secretary of State may by regulations make provision for and in

connection with the training of persons who may exercise relevant

Page 66

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;

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(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

(1)

In the Town and Country Planning Act 1990, after section 319ZZB (inserted

by section 50 ) insert—

“England: discharge of functions of local planning authority

319ZZC

Requirement for functions to be discharged by committee,

sub-committee or officer

(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

Size and composition of committee discharging functions

(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.

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(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

Sections

(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

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authority as if references to a relevant local planning authority were

to a relevant mineral planning authority.

319ZZF

Interpretation of sections

(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”.

Chapter 2

Spatial development strategies

Spatial development strategies

(1)

Before section 13 of the Planning and Compulsory Purchase Act 2004 insert—

Part 1A

Strategic plan-making

Strategic planning authorities and strategic planning boards

12A

Spatial development strategy to be produced by strategic planning

authorities

(1)

This Part requires strategic planning authorities to prepare a document,

conforming to section 12D , known as a “spatial development strategy”.

(2)

In this Part “strategic planning authority” means—

(a)

a strategic planning board (see section 12B );

Page 70

(b)

a combined authority;

(c)

a combined county authority;

(d)

an upper-tier county council for an area no part of which forms

part of the area of a combined authority or a combined county

authority;

(e)

a unitary authority for an area—

(i)

that is in England, and

(ii)

no part of which forms part of the area of a combined

authority or a combined county authority.

(3)

But a principal authority that is a constituent authority of a strategic

planning board is not a strategic planning authority for the purposes

of this Part.

(4)

In this Part “strategy area”, in relation to a spatial development

strategy, means—

(a)

in the case of a strategic planning board, the area consisting

of the areas of the constituent authorities of the board;

(b)

in the case of a combined authority, the area of the combined

authority;

(c)

in the case of a combined county authority, the area of the

combined county authority;

(d)

in the case of an upper-tier county council, the area of the

upper-tier county council;

(e)

in the case of a unitary authority, the area of the unitary

authority.

(5)

Any function of a strategic planning authority exercisable by or under

this Part by a principal authority is not a function to which either of

the following provisions of the Local Government Act 1972 applies—

(a)

section 101(1)(b);

(b)

section 101(5).

(6)

For provision about the spatial development strategy for London, see

(in particular) sections 334 to 343 of the Greater London Authority

Act 1999.

(7)

In this Part “principal authority” means a body specified in any of

paragraphs (b) to (e) of subsection (2) .

12B

Strategic planning boards

(1)

This section applies where the Secretary of State considers that it is

desirable for a spatial development strategy to relate to an area

consisting of the areas of two or more principal authorities.

(2)

Subject to subsection (4) , the Secretary of State may by regulations

establish a joint committee of the authorities to exercise functions

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under this Part in relation to an area consisting of the areas of those

authorities (the “constituent authorities”).

(3)

Such a committee is to be known as a “strategic planning board”.

(4)

The Secretary of State may make regulations under subsection (2)

establishing a strategic planning board only after consulting the

following on a draft of the proposed regulations—

(a)

the principal authorities that are to be the constituent authorities

of the board,

(b)

any local planning authority for an area that is wholly or partly

within, or adjoins, the area of any of those authorities, and

(c)

the person responsible for preparing a spatial development

strategy for an area that adjoins the area of any of those

authorities.

(5)

Where the Secretary of State is considering whether to, or has decided

to, establish a strategic planning board, the Secretary of State may

direct the principal authorities that are to be the constituent authorities

of the board not to take any step, or any further step, or not to take

a step specified in the direction, in connection with the preparation

of their own spatial development strategies.

12C

Regulations about strategic planning boards

(1)

Strategic planning board regulations that establish a strategic planning

board must specify—

(a)

the constituent authorities of the board, and

(b)

the area in relation to which the board exercises functions

under this Part.

(2)

Strategic planning board regulations may make provision about—

(a)

the composition of a strategic planning board (including about

the appointment of members to the board or any sub-committee

of the board);

(b)

the proceedings of a strategic planning board and of any

sub-committee of the board (including provision about voting

rights);

(c)

such other matters as the Secretary of State considers are

necessary or expedient to facilitate the exercise by a strategic

planning board of its functions under this Part.

(3)

Provision of the kind mentioned in subsection (2) (c) may include

provision—

(a)

corresponding to provisions relating to joint committees in Part

6 of the Local Government Act 1972;

(b)

applying (with or without modifications) such enactments

relating to local authorities as the Secretary of State considers

appropriate;

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(c)

requiring the making by a constituent authority of payments

towards the costs of the strategic planning board;

(d)

modifying the application of this Part in relation to a strategic

planning board.

(4)

For the purposes of subsection (3) (b) a local authority is any of the

following—

(a)

a county council;

(b)

a district council;

(c)

a London borough council.

(5)

If strategic planning board regulations establishing a strategic planning

board are annulled in pursuance of a resolution of either House of

Parliament, the strategic planning board is dissolved with effect from

the date of the resolution.

(6)

The Secretary of State’s power to make strategic planning board

regulations that amend or revoke other strategic planning board

regulations—

(a)

is exercisable whether or not the constituent authorities of the

strategic planning board in question request an amendment or

revocation;

(b)

is exercisable only after the Secretary of State has consulted

the following on a draft of the proposed regulations—

(i)

the strategic planning board in question,

(ii)

the constituent authorities of that board,

(iii)

any local planning authority for an area that is wholly

or partly within, or adjoins, the area of any of those

authorities, and

(iv)

the person responsible for preparing a spatial

development strategy for an area that adjoins the area

of any of those authorities.

(7)

The condition in section 12B (1) does not apply in relation to strategic

planning board regulations that amend or revoke other strategic

planning board regulations.

(8)

In this section “strategic planning board regulations” means regulations

under section 12B (2) .

Contents of spatial development strategy

12D

Contents of spatial development strategy

(1)

A spatial development strategy must include a statement of the

strategic planning authority’s policies (however expressed), in relation

to the development and use of land in the strategy area, which are of

strategic importance to that area.

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(2)

A spatial development strategy must include a reasoned justification

for the policies referred to in subsection (1) .

(3)

A spatial development strategy must specify the period for which it

is to have effect.

(4)

A spatial development strategy may specify or describe infrastructure

the provision of which the strategic planning authority considers to

be of strategic importance to the strategy area for the purposes of—

(a)

supporting or facilitating development in that area,

(b)

mitigating, or adapting to, climate change, or

(c)

promoting or improving the economic, social or environmental

well-being of that area.

(5)

A spatial development strategy may specify or describe—

(a)

an amount or distribution of housing (of any kind), the

provision of which the strategic planning authority considers

to be of strategic importance to the strategy area;

(b)

an amount or distribution of affordable housing or any other

kind of housing, the provision of which the strategic planning

authority considers to be of strategic importance to the strategy

area.

(6)

For the purposes of subsections (1) , (4) and (5) , a matter may be of

strategic importance to a strategy area even if it affects only part of

that area.

(7)

The Secretary of State may prescribe further matters a spatial

development strategy may, or must, deal with.

(8)

A spatial development strategy must contain such diagrams,

illustrations or other descriptive or explanatory matter relating to its

contents as may be prescribed.

(9)

A spatial development strategy may make different provision for

different cases or for different parts of the strategy area.

(10)

A spatial development strategy must be designed to secure that the

use and development of land in the strategy area contribute to the

mitigation of, and adaptation to, climate change.

(11)

A spatial development strategy must take account of any local nature

recovery strategy, under section 104 of the Environment Act 2021, that

relates to any part of the strategy area, including in particular—

(a)

the areas identified in the strategy as areas which—

(i)

are, or could become, of particular importance for

biodiversity, or

(ii)

are areas where the recovery or enhancement of

biodiversity could make a particular contribution to

other environmental benefits,

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(b)

the priorities set out in the strategy for recovering or enhancing

biodiversity, and

(c)

the proposals set out in the strategy as to potential measures

relating to those priorities.

(12)

A spatial development strategy must not—

(a)

include anything that is not permitted or required by or under

the preceding provisions of this section,

(b)

specify particular sites where development should take place,

(c)

be inconsistent with or (in substance) repeat any national

development management policy.

(13)

The Secretary of State may prescribe—

(a)

the form of a spatial development strategy;

(b)

documents that must accompany a spatial development

strategy.

(14)

In subsection (5) “affordable housing” means—

(a)

social housing within the meaning of Part 2 of the Housing

and Regeneration Act 2008, and

(b)

any other description of housing that may be prescribed.

Spatial development strategy timetable

12E

Timetable for preparing spatial development strategy

(1)

A strategic planning authority must prepare and maintain a document

relating to its spatial development strategy, known as a “spatial

development strategy timetable”.

(2)

A spatial development strategy timetable must specify—

(a)

the strategy area, and

(b)

a timetable for the preparation of the strategy that is consistent

with this Part and any regulations made under it.

(3)

The Secretary of State may prescribe—

(a)

the form and content of a spatial development strategy

timetable;

(b)

further matters the timetable must deal with.

12F

Spatial development strategy timetable: further provision

(1)

A strategic planning authority must submit its draft spatial

development strategy timetable to the Secretary of State within such

period as may be prescribed.

(2)

The Secretary of State may direct the strategic planning authority to

make specified amendments to the draft timetable.

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(3)

If the Secretary of State has not given such a direction to the strategic

planning authority within the period of four weeks beginning with

the date when the timetable was sent to the Secretary of State, the

strategic planning authority may bring the timetable into effect.

(4)

A strategic planning authority to which a direction under subsection

(2) is given—

(a)

must submit a revised draft spatial development strategy

timetable to the Secretary of State within the period specified

in the direction, and

(b)

may bring the timetable into effect only when the Secretary of

State approves the timetable as revised in accordance with that

direction or any further direction under subsection (2) .

(5)

If a strategic planning authority—

(a)

does not comply with subsection (1) , or

(b)

does not comply with subsection (4) (a) ,

the Secretary of State may prepare a spatial development strategy

timetable and direct the strategic planning authority to bring it into

effect.

(6)

A direction under subsection (2) or (5) must contain the Secretary of

State’s reasons for giving it.

(7)

To bring a spatial development strategy timetable into effect, a strategic

planning authority must publish it, together with a statement that the

timetable has effect.

(8)

A strategic planning authority must comply with a spatial development

strategy timetable that has effect.

(9)

The Secretary of State may by regulations make provision as to when,

or the circumstances in which, a strategic planning authority must

revise a spatial development strategy timetable that has effect.

(10)

Regulations under subsection (9) —

(a)

may provide that revisions of a spatial development strategy

timetable must be approved by the Secretary of State;

(b)

may confer a power to direct that a timetable is to be revised

or that revisions require the approval of the Secretary of State.

Preparation and adoption of spatial development strategy

12G

Preparation of draft spatial development strategy

(1)

A strategic planning authority must prepare a draft of its spatial

development strategy.

(2)

In doing so, a strategic planning authority must have regard to—

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(a)

any strategy, plan or policy published by the strategic planning

authority that the strategic planning authority considers to be

relevant,

(b)

the effect which the proposed spatial development strategy

would have on each of the following—

(i)

the health of persons in the strategy area;

(ii)

health inequalities between persons living in the strategy

area;

(iii)

the achievement of sustainable development;

(c)

the need to ensure that the strategy is consistent with current

national policies;

(d)

any other prescribed matters.

(3)

In subsection (2) (a) , the reference to any strategy, plan or policy

published by a strategic planning authority includes a reference to

any strategy, plan or policy published by a constituent authority of a

strategic planning board.

12H

Consultation and representations

(1)

A strategic planning authority that has prepared a draft spatial

development strategy must—

(a)

publish the draft strategy on the authority’s website,

(b)

notify the persons specified in subsection (2) that the draft

strategy has been published on the authority’s website, and

(c)

make copies of the draft strategy available for inspection at the

authority’s principal office and at any other place that the

authority considers appropriate.

(2)

The persons referred to in subsection (1) (b) are—

(a)

the Secretary of State,

(b)

any county council for an area that is within, or any part of

which is within, the strategy area,

(c)

any district council for an area that is within the strategy area,

(d)

any county council or district council for an area that adjoins

the strategy area and is affected by the strategy,

(e)

any local planning authority for an area that is wholly or partly

within, or adjoins, the strategy area and is affected by the

strategy,

(f)

the person responsible for preparing a spatial development

strategy for an area that adjoins the strategy area and is affected

by the strategy,

(g)

such other persons as may be prescribed, and

(h)

such other persons as the strategic planning authority considers

appropriate.

Page 77

(3)

In exercising its discretion under subsection (2) (h) the strategic planning

authority must consider notifying (at least) the following about the

publication of the draft spatial development strategy—

(a)

voluntary bodies some or all of whose activities benefit the

whole or part of the strategy area,

(b)

bodies which represent the interests of different racial, ethnic

or national groups in the strategy area,

(c)

bodies which represent the interests of different religious

groups in the strategy area, and

(d)

bodies which represent the interests of different persons

carrying on business in the strategy area.

(4)

Where a strategic planning authority—

(a)

publishes a draft spatial development strategy as required by

subsection (1) (a) , or

(b)

makes such a strategy available for inspection as required by

subsection (1) (c) ,

the authority must also publish or make available a statement inviting

representations to be made to the authority about the strategy.

(5)

A notification of a person under subsection (1) (b) about a draft spatial

development strategy must include an invitation to the person to make

representations to the strategic planning authority about the strategy.

(6)

An invitation to a person under subsection (4) or (5) must explain the

effect of regulations under subsection (7) .

(7)

Representations must be made—

(a)

in the prescribed form and manner;

(b)

within the prescribed period.

(8)

In subsection (1) —

(a)

references to a strategic planning authority’s website include

references to the website of a constituent authority of a strategic

planning board;

(b)

the reference to a strategic planning authority’s principal office

includes a reference to the principal office of a constituent

authority of a strategic planning board.

12I

Public examination

(1)

A strategic planning authority that has prepared a draft spatial

development strategy must, unless the Secretary of State otherwise

directs, make arrangements for an examination of the draft strategy

to be held in public.

(2)

Such an examination is to be conducted by a person appointed by the

Secretary of State (the “examiner”).

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(3)

The matters examined at an examination are to be such matters

affecting the consideration of the spatial development strategy as the

examiner considers appropriate.

(4)

The following may take part in an examination—

(a)

the strategic planning authority that prepared the strategy, and

(b)

any person invited to do so by the examiner.

(5)

No person is to have a right to be heard at an examination.

(6)

On conclusion of the examination, the examiner must make a report

to the strategic planning authority that prepared the strategy.

(7)

The report may recommend that specified modifications are made to

the draft strategy before it is adopted.

(8)

The report may recommend that the draft strategy is withdrawn.

(9)

The strategic planning authority must publish the report.

12J

Withdrawal before adoption

(1)

A strategic planning authority may withdraw its draft spatial

development strategy at any time before arrangements are made for

its examination.

(2)

Subsection (3) applies at any time after arrangements have been made

for examination of a draft spatial development strategy (but before it

is adopted).

(3)

The strategic planning authority that prepared the draft strategy may

withdraw it only if—

(a)

the Secretary of State so directs, or

(b)

the examiner recommends that it is withdrawn, and the

Secretary of State has not directed that it is not to be

withdrawn.

(4)

The steps taken by a strategic planning authority to withdraw a draft

strategy must include—

(a)

deleting the strategy from the website on which it was

published;

(b)

removing copies of the strategy that were made available for

inspection;

(c)

notifying the following that the strategy has been withdrawn—

(i)

each person to whom a notification under section

12H (1) (b) was required to be given;

(ii)

any person, not within sub-paragraph (i), who made

representations in accordance with regulations under

section 12H (7) .

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12K

Submission to Secretary of State before adoption

(1)

This section applies where—

(a)

a draft spatial development strategy has been published under

section 12H ,

(b)

the prescribed period for the making of representations (see

section 12H (7) ) has elapsed,

(c)

either—

(i)

the strategic planning authority that prepared the draft

strategy has published the examiner’s report on it (see

section 12I (9) ), or

(ii)

no examination of the draft strategy is needed because

of a direction under section 12I (1) , and

(d)

the draft strategy has not been withdrawn (see section 12J ).

(2)

The strategic planning authority must—

(a)

consider any representations received in accordance with

regulations under section 12H (7) and decide whether to make

any modifications as a result,

(b)

if an examination was held, consider the examiner’s report and

decide whether to make any modifications that the examiner

recommends, and

(c)

consider whether to make any other modifications to take

account of—

(i)

any national development management policies so far

as material, or

(ii)

any other material considerations.

(3)

After such consideration and (if considered appropriate) modification,

the strategic planning authority must submit the draft spatial

development strategy to the Secretary of State, stating that the authority

intends to adopt it.

(4)

The strategic planning authority must inform the Secretary of State

of—

(a)

any modifications made to the published draft strategy, and

the reasons for making them;

(b)

any modifications to the published draft strategy that the

examiner recommended but which the authority has not made,

and the reasons for not making them.

(5)

If the Secretary of State considers that a submitted spatial development

strategy is—

(a)

inconsistent with current national policies, or

(b)

detrimental to the interests of an area outside the strategy area,

the Secretary of State may, within the relevant period, direct the

strategic planning authority to make specified modifications of the

strategy in order to deal with the inconsistency or detriment.

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(6)

In this section “the relevant period”, in relation to a spatial

development strategy, means—

(a)

the period of six weeks beginning with the date when the

strategy was submitted to the Secretary of State, or

(b)

such longer period as is specified by the Secretary of State in

a direction given within the period specified in paragraph (a)

to the authority that submitted the strategy.

12L

Adoption of spatial development strategy

(1)

A spatial development strategy must not be adopted by a strategic

planning authority unless it is in the form submitted to the Secretary

of State under section 12K , subject to any modifications directed to be

made under subsection (5) of that section.

(2)

A spatial development strategy must not be adopted by a strategic

planning authority unless—

(a)

the relevant period (as defined in section 12K (6) ) has elapsed,

(b)

the authority has complied with any requirement of regulations

under this Part for steps to be taken, or a period to elapse,

before a strategy may be adopted, and

(c)

if a direction was given to the authority under section 12K (5)

, the Secretary of State confirms that the Secretary of State is

content with the modified strategy.

(3)

A strategic planning authority must hold a vote on a resolution to

adopt its spatial development strategy as soon as reasonably practicable

after the conditions in subsection (2) are satisfied.

(4)

Subsection (5) applies in relation to the adoption of a spatial

development strategy by—

(a)

a mayoral combined authority, or

(b)

a mayoral combined county authority.

(5)

In the event of a tied vote on whether to pass a resolution to adopt

the strategy, the mayor of the authority has a casting vote (in addition

to any other vote the mayor may have).

(6)

A strategic planning authority that has adopted a spatial development

strategy must publish the strategy together with a statement that it

has been adopted.

(7)

A spatial development strategy becomes operative when it is published.

Review, alteration and replacement of spatial development strategy

12M

Review and monitoring

(1)

This section applies in relation to an operative spatial development

strategy.

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(2)

A strategic planning authority must keep under review the matters

which may be expected to affect the development of the strategy area

or the planning of its development or which are otherwise relevant

to the content of the strategy.

(3)

In exercising functions under subsection (2) , a strategic planning

authority must—

(a)

if the authority identifies matters to be kept under review that

relate to the area of a local planning authority that is outside

the strategy area, consult that local planning authority about

those matters;

(b)

if the authority identifies matters to be kept under review that

relate to the area of a person responsible for preparing a spatial

development strategy that is outside the strategy area, consult

that person about those matters.

(4)

A strategic planning authority must carry out a review of its spatial

development strategy from time to time.

(5)

The Secretary of State may direct a strategic planning authority to

review all or specified parts of its spatial development strategy.

(6)

A strategic planning authority must—

(a)

monitor the implementation of its spatial development strategy,

and

(b)

monitor, and collect information about, matters relevant to the

preparation, review, alteration, replacement or implementation

of the strategy.

(7)

The Secretary of State may make regulations imposing either or both

of the following duties on each strategic planning authority that has

an operative spatial development strategy—

(a)

a duty to make prescribed information relating to the

implementation of the authority’s strategy available to the

public in such form and manner as may be prescribed;

(b)

a duty to provide prescribed information relating to the

implementation of the authority’s strategy to the Secretary of

State in such form and manner as may be prescribed.

12N

Alterations

(1)

This section applies in relation to an operative spatial development

strategy.

(2)

A strategic planning authority may at any time prepare alterations of

its strategy.

(3)

The Secretary of State may direct a strategic planning authority to

alter its spatial development strategy as specified in the direction.

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(4)

The Secretary of State may by regulations make provision as to when,

or the circumstances in which, a strategic planning authority must

alter its spatial development strategy.

(5)

A spatial development strategy as altered must still conform to section

12D .

(6)

Sections 12G to 12L apply in relation to the preparation and adoption

of an alteration of a spatial development strategy as they apply in

relation to the preparation and adoption of a spatial development

strategy.

12O

Replacement

(1)

This section applies in relation to an operative spatial development

strategy.

(2)

A strategic planning authority may at any time prepare a new spatial

development strategy as a replacement.

(3)

The Secretary of State may direct a strategic planning authority to

replace its spatial development strategy.

(4)

The Secretary of State may by regulations make provision as to when,

or the circumstances in which, a strategic planning authority must

replace its spatial development strategy.

(5)

A strategic planning authority’s operative spatial development strategy

is revoked upon a new spatial development strategy being adopted

by the authority in accordance with this Part.

Secretary of State’s intervention powers in relation to spatial development strategy

12P

Powers where strategic planning authority is failing etc

(1)

This section applies if the Secretary of State considers that—

(a)

a strategic planning authority is failing to do anything it is

necessary or expedient for it to do in connection with the

preparation, adoption, alteration, replacement or review of a

spatial development strategy,

(b)

a spatial development strategy is, is going to be or may be—

(i)

inconsistent with current national policies, or

(ii)

detrimental to the interests of an area outside the

strategy area, or

(c)

a proposed alteration of a spatial development strategy will,

or may, result in the strategy becoming—

(i)

inconsistent with current national policies, or

(ii)

detrimental to the interests of an area outside the

strategy area.

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(2)

The Secretary of State may—

(a)

if the strategy is not operative, take over preparation of the

strategy from the strategic planning authority;

(b)

if the strategy is operative, alter the strategy;

(c)

give a direction to the strategic planning authority in relation

to the preparation, adoption, withdrawal, alteration,

replacement, review or revocation of the strategy.

(3)

The power of direction under subsection (2) (c) includes power to direct

a strategic planning authority—

(a)

to modify or withdraw its draft spatial development strategy;

(b)

to alter or revoke its (operative) spatial development strategy.

(4)

Subsections (5) to (12) apply if preparation of a spatial development

strategy is taken over under subsection (2) (a) .

(5)

The Secretary of State must publish a document setting out—

(a)

the timetable for preparing the strategy, and

(b)

details of any departures from any existing spatial development

strategy timetable.

(6)

The Secretary of State must (or, if an examination of the draft strategy

has already been held, may)—

(a)

make arrangements for an examination of the draft strategy to

be held in public, or

(b)

direct the strategic planning authority to make arrangements

for an examination of the draft strategy under section 12I .

(7)

Subsections (2) to (8) of section 12I apply in relation to an examination

held under subsection (6) (a) , reading references to the strategic

planning authority as references to the Secretary of State.

(8)

The Secretary of State must either—

(a)

publish the examiner’s report, or

(b)

direct the strategic planning authority to publish it.

(9)

The Secretary of State may then—

(a)

approve the strategy,

(b)

modify the strategy and approve it with the modifications,

(c)

direct the strategic planning authority to consider adopting—

(i)

the strategy, or

(ii)

the strategy as modified by the Secretary of State, or

(d)

reject the strategy.

(10)

If the Secretary of State gives a direction under subsection (9) (c) , section

12L applies with the omission of subsections (1) and (2) of that section

(and as if the reference in subsection (3) of that section to the conditions

in subsection (2) being satisfied were a reference to the direction being

received).

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(11)

If the Secretary of State approves a spatial development strategy under

subsection (9) (a) or (b) , the Secretary of State must either—

(a)

publish the strategy, or

(b)

direct the strategic planning authority to publish it.

(12)

The spatial development strategy becomes operative when it is

published.

(13)

Subsections (5) to (12) (and the provisions applied by them) apply in

relation to an alteration of a strategy under subsection (2) (b) as they

apply to a strategy prepared under subsection (2) (a) .

(14)

The Secretary of State must give reasons for—

(a)

whatever the Secretary of State does under subsection (2) ;

(b)

the decision made under subsection (9) .

(15)

In the exercise of any function under this section the Secretary of

State—

(a)

may take account of any matter that the Secretary of State

considers to be relevant (regardless of whether the matter was

taken account of by the strategic planning authority), and

(b)

must have regard to—

(i)

the spatial development strategy timetable, and

(ii)

the local plan timetable prepared by a local planning

authority for an area that is wholly or partly within the

strategy area.

(16)

In subsection (15) (b) (ii) “local plan timetable” is to be construed in

accordance with section 15B.

12Q

Power to approve strategy where adoption resolution not passed

(1)

This section applies in the event of a vote by a strategic planning

authority against passing a resolution to adopt a spatial development

strategy.

(2)

The Secretary of State may, if the Secretary of State considers it

appropriate—

(a)

approve the strategy, or

(b)

modify the strategy and approve it with the modifications.

(3)

The powers in subsection (2) are exercisable—

(a)

on the Secretary of State’s own initiative, or

(b)

in the case of a strategy prepared by a mayoral combined

authority or a mayoral combined county authority, if the mayor

of the authority requests the Secretary of State to exercise those

powers.

(4)

The function of making a request as mentioned in subsection (3) (b) is

exercisable only by the mayor (and may not be the subject of

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arrangements under section 107D(3) of the Local Democracy, Economic

Development and Construction Act 2009 or section 30(3) of the

Levelling-up and Regeneration Act 2023).

(5)

The Secretary of State must give reasons to the strategic planning

authority or (as the case may be) the mayor of the strategic planning

authority—

(a)

for anything the Secretary of State does under subsection (2)

, or

(b)

if the Secretary of State declines to approve the strategy, for

that decision.

(6)

If the Secretary of State approves a spatial development strategy under

subsection (2) the Secretary of State must either—

(a)

publish the strategy, or

(b)

direct the strategic planning authority to publish it.

(7)

The spatial development strategy becomes operative when it is

published.

(8)

In making a decision under this section the Secretary of State may

take account of any matter that the Secretary of State considers to be

relevant (regardless of whether the matter was taken account of by

the strategic planning authority).

12R

Liability for Secretary of State’s costs of intervention

(1)

The Secretary of State may require a strategic planning authority to

reimburse the Secretary of State for any expenditure incurred by the

Secretary of State in, or in connection with, exercising a function under

section 12P or 12Q in relation to the authority’s spatial development

strategy.

(2)

Where the strategic planning authority is a strategic planning board,

subsection (1) is to be read as giving power for the Secretary of State

to require reimbursement of such expenditure from the constituent

authorities of the board in such proportions as the Secretary of State

considers just and reasonable.

12S

Temporary direction pending possible use of intervention powers

(1)

If the Secretary of State is considering whether to take action under

section 12P in relation to a spatial development strategy, the Secretary

of State may direct the strategic planning authority responsible for the

strategy not to take any step, or not to take a step specified in the

direction, in connection with the strategy—

(a)

until a time or event (if any) specified in the direction, or

(b)

until the direction is revoked.

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(2)

A spatial development strategy to which such a direction relates is

not operative while the direction is in force.

(3)

A direction given under this section in relation to a strategy ceases to

have effect if the Secretary of State—

(a)

gives a direction under section 12P (2) (c) or (9) (c) in relation to

the strategy, or

(b)

approves the strategy under section 12P (9) (a) or (b) .

Supplementary

12T

Supplementary etc provision in connection with regulations about

strategic planning boards

(1)

The Secretary of State may by regulations make supplementary,

incidental, transitional, transitory or saving provision for the purposes

of strategic planning board regulations.

(2)

Where, immediately before strategic planning board regulations

establishing a strategic planning board come into force, a spatial

development strategy is operative in relation to the area of a principal

authority that is to be a constituent authority of the board, regulations

under subsection (1) may include provision for that strategy to be

treated, for the purposes of this Part or another enactment, as the

operative spatial development strategy of the strategic planning board.

(3)

Where a strategic planning board has an operative spatial development

strategy immediately before strategic planning board regulations that

revoke the regulations that established that board come into force,

regulations under subsection (1) may include provision for that strategy

to be treated, for the purposes of this Part or another enactment, as

the operative spatial development strategy of a prescribed principal

authority or authorities.

(4)

In this section “strategic planning board regulations” means regulations

under section 12B (2) .

12U

Regulations

(1)

The Secretary of State may by regulations make provision in connection

with the exercise by any person of a function conferred by or under

this Part.

(2)

The regulations may (among other things) make provision as to—

(a)

the procedure to be followed in connection with the

preparation, adoption, publication, review, withdrawal,

alteration or replacement of a spatial development strategy or

in connection with a review under section 12M (2) ;

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(b)

the remuneration and allowances payable to a person appointed

to conduct a public examination (under section 12I or as

mentioned in section 12P (6) (a) );

(c)

the supply of information or documents to the Secretary of

State by a strategic planning authority for the purposes of any

decision that the Secretary of State may make under this Part;

(d)

the determination of the time by or at which anything must

be done for the purposes of this Part;

(e)

the manner of publication of any document required to be

published under this Part;

(f)

the making of reasonable charges for the provision of copies

of documents required by or under this Part.

(3)

Regulations under this Part may make different provision for different

areas.

12V

Directions

(1)

A direction given to a strategic planning authority under this Part

may—

(a)

require the authority to do specified things by specified dates;

(b)

require the authority to keep the Secretary of State informed

at specified intervals of the progress being made towards doing

what the authority is directed to do.

(2)

A direction under this Part must be given in writing.

(3)

A direction under this Part may be varied or revoked by notice in

writing to the strategic planning authority to which it was given.

(4)

A direction under this Part must be published.

12W

Meaning of “spatial development strategy” etc

(1)

In this Part “spatial development strategy” means, as the context

requires—

(a)

a strategy adopted by a strategic planning authority under

section 12L ,

(b)

a strategy approved by the Secretary of State under section

12P (9) (a) or (b) or 12Q (2) (a) or (b) , or

(c)

a strategy in preparation by a strategic planning authority in

accordance with this Part.

(2)

In sections 12B (4) (c) , 12C (6) (b) (iv) , 12H (2) (f) and 12M (3) (b) —

(a)

“spatial development strategy” includes—

(i)

the spatial development strategy for London,

(ii)

a spatial development strategy adopted by a combined

authority in accordance with regulations under section

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105A of the Local Democracy, Economic Development

and Construction Act 2009, and

(iii)

a spatial development strategy adopted by a combined

county authority in accordance with regulations under

section 19 of the Levelling-up and Regeneration Act

2023; and

(b)

“person responsible for preparing a spatial development

strategy” is to be read accordingly.

(3)

For the purposes of sections 12M to 12O , a spatial development

strategy approved by the Secretary of State under a power specified

in subsection (1) (b) is to be regarded as the spatial development

strategy of the strategic planning authority in relation to which the

power is exercised.

12X

Interpretation

(1)

In this Part—

“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;

“constituent authority” , in relation to a strategic planning board,

is to be construed in accordance with section 12B ;

“examination” means an examination in public of a draft spatial

development strategy as set out in section 12I , and “examiner”

is to be construed accordingly;

“mayoral combined authority” has the meaning given by section

107A(8) of the Local Democracy, Economic Development and

Construction Act 2009;

“mayoral combined county authority” has the meaning given by

section 27(8) of the Levelling-up and Regeneration Act 2023;

“national development management policy” must be construed

in accordance with section 38ZA;

“principal authority” has the meaning given by section 12A (7) ;

“spatial development strategy for London” means the strategy

adopted by the Mayor of London under Part 8 of the Greater

London Authority Act 1999;

“spatial development strategy timetable” has the meaning given

by section 12E ;

“strategic planning authority” has the meaning given by section

12A ;

“strategic planning board” has the meaning given by section 12B ;

“strategy area” has the meaning given by section 12A (4) ;

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“unitary authority” means—

(a)

a county council for an area that does not include the

areas of district councils, or

(b)

a district council for an area that does not form part of

the area of a county council;

“upper-tier county council” means a county council for an area

that includes the areas of district councils.

(2)

In this Part—

(a)

“local planning authority” has the same meaning as in Part 2

(see section 15LF);

(b)

references to a local planning authority’s area are to the area

for which they are the local planning authority in accordance

with that Part.”

(2)

In section 334 of the Greater London Authority Act 1999—

(a)

in subsection (2A) (as inserted by section 95(2) of the Levelling-up

and Regeneration Act 2023) omit paragraph (b) (and the “and” at the

end of paragraph (a));

(b)

in subsection (2D) (also inserted by section 95(2) of that Act) omit

paragraph (b) (and the “but” at the end of paragraph (a)).

(3)

Schedule 3 makes minor and consequential amendments in connection with

subsection (1) .

(4)

The Secretary of State may by regulations by statutory instrument make

provision that is consequential on subsection (1) .

(5)

Regulations under subsection (4) may amend an Act passed before the end

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

(6)

Regulations under subsection (4) may include incidental, supplemental,

transitional and saving provision.

(7)

A statutory instrument containing (whether alone or with other provision)

regulations made in reliance on subsection (5) 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.

(8)

Any other statutory instrument containing regulations under subsection (4)

is subject to annulment in pursuance of a resolution of either House of

Parliament.

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Part 3

Development and nature recovery

Overview

Overview of EDPs

(1)

An environmental delivery plan is a plan prepared by Natural England, and

made by the Secretary of State, that sets out, in relation to development to

which it applies—

(a)

the environmental features that are likely to be negatively affected by

the development,

(b)

the conservation measures that are to be taken by or on behalf of

Natural England in order to protect those environmental features,

(c)

the amount of the nature restoration levy payable by developers to

Natural England to cover the cost of those conservation measures (see

sections 56 and 66 to 75 ), and

(d)

the environmental obligations in relation to development that are

discharged, disapplied or otherwise modified if a developer pays the

nature restoration levy in relation to the development (see section 66

and Schedule 4 ).

(2)

In this Part —

(a)

sections 54 to 57 make provision about the required contents of an

environmental delivery plan;

(b)

sections 58 to 60 make provision about the procedure for making an

environmental delivery plan;

(c)

sections 61 to 65 make provision about reporting on, amending,

revoking and challenging an environmental delivery plan.

(3)

In this Part , an “EDP” means an environmental delivery plan.

Environmental delivery plans: content

Scope of an EDP: area, kind and volume of development and time period

(1)

An EDP must specify the development to which it applies by reference to—

(a)

the area in which the development may be undertaken (the

“development area”), and

(b)

the kind of development.

(2)

The development area must be an area in—

(a)

England, or

(b)

the waters adjacent to England up to the seaward limits of the

territorial sea.

(3)

An EDP may—

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(a)

provide that it does not apply to development in specified areas within

the development area, or

(b)

specify as the development area an area that is comprised of separate

parcels of land.

(4)

An EDP must—

(a)

include a map showing the boundaries of the development area, and

(b)

set out the reasons for its application to the development area and,

where relevant, the reasons for excluding any area under subsection

(3) (a) .

(5)

An EDP must specify the maximum amount of development to which it may

apply.

(6)

The maximum amount of development may be specified in any way that

Natural England considers appropriate, which may, for example, be by

reference to—

(a)

the area covered by the development,

(b)

measurements of floor space,

(c)

numbers of buildings or of units within buildings,

(d)

values or expected values, or

(e)

in the case of development that is a nationally significant infrastructure

project within the meaning of the Planning Act 2008 , any measurement

of the scale of the project that is used for the purposes of Part 3 of

that Act .

(7)

An EDP must specify—

(a)

the date on which it comes into force (the “EDP start date”), and

(b)

the date on which it expires (the “EDP end date”), which must be

before the end of the period of ten years beginning with the EDP start

date.

Environmental features, environmental impacts and conservation measures

(1)

An EDP must identify—

(a)

one or more environmental features which are likely to be negatively

affected by development to which the EDP applies, and

(b)

one or more ways in which that negative effect is likely to be caused

by the development (the “environmental impact”).

But an EDP need not identify all of the possible environmental impacts on

an environmental feature.

(2)

An environmental feature identified in an EDP may be—

(a)

a protected feature of a protected site, or

(b)

a protected species.

(3)

An EDP must set out the measures (“conservation measures”) that are to be

taken by, or on behalf of, Natural England, under the EDP in order to—

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(a)

address the environmental impact of development on the identified

environmental feature, and

(b)

contribute to an overall improvement in the conservation status of the

identified environmental feature (see also section 59 (3) ).

(4)

An EDP must set out the anticipated sequencing of the implementation of

the conservation measures by reference to the development to which the EDP

applies.

(5)

Where an identified environmental feature is a protected feature of a protected

site, the EDP may set out conservation measures that do not directly address

the environmental impact of development on that feature at that site but

instead seek to improve the conservation status of the same feature elsewhere.

(6)

But an EDP may include conservation measures of the type mentioned in

subsection (5) only if Natural England considers that such measures would

make a greater contribution to the improvement of the conservation status

of the feature than measures that address the environmental impact of

development on the feature at the protected site itself.

(7)

An EDP must include conservation measures that are not, at the time the

EDP is made, expected to be needed but which must be implemented in the

circumstances set out in the EDP.

(8)

Those circumstances must relate to the effectiveness of the conservation

measures that have already been implemented, as revealed by the monitoring

of the EDP (see section 76 (4) (a) ).

(9)

An EDP must state—

(a)

how much the conservation measures are expected to cost, and

(b)

how the conservation measures are to be maintained,

over the period covered by the EDP or, if longer, the period for which the

conservation measures are likely to be required to address the environmental

impact of development.

(10)

A conservation measure may take the form of a request, by Natural England,

that a condition of development be imposed (see section 89 ).

(11)

In this section, “the environmental impact of development” means the

environmental impact, as identified in the EDP, of the maximum amount of

development to which the EDP may apply, as specified in accordance with

section 54 (5) .

Nature restoration levy: charging schedules

(1)

An EDP must include one or more charging schedules which set out the rates

or other criteria by reference to which the amount of nature restoration levy

is to be determined for each kind of development to which the EDP applies.

(2)

Each charging schedule must relate to an environmental impact of

development on an identified environmental feature.

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(3)

The rates or other criteria must be set in accordance with nature restoration

levy regulations (see sections 67 to 74 ).

Other requirements for an EDP

(1)

An EDP must describe the conservation status of each identified environmental

feature as at the EDP start date.

(2)

An EDP must set out—

(a)

why Natural England considers the conservation measures to be

appropriate,

(b)

Natural England’s opinion on how the conservation measures will

enable the EDP to pass the overall improvement test, and

(c)

what alternatives to the conservation measures were considered by

Natural England and why they were not included.

(3)

Where an EDP includes conservation measures of the type mentioned in

section 55 (5) (network conservation measures), it must state how, in the

opinion of Natural England, the measures comply with the requirement in

section 55 (6) (network measure to make a greater contribution to improvement

of conservation status of the feature than onsite measure).

(4)

Where an EDP identifies a protected species as an environmental feature, the

EDP must set out the terms of the licence that will be treated as having been

granted under paragraph 4 , 5 or 6 of Schedule 4 .

(5)

An EDP must specify the terms that must be incorporated into a licence

under—

(a)

regulation 55 of the Habitats Regulations 2017,

(b)

section 16 of the Wildlife and Countryside Act 1981, or

(c)

section 10 of the Protection of Badgers Act 1992,

that may be granted to Natural England to facilitate the carrying out of any

conservation measures.

(6)

An EDP must list the strategies and plans to which Natural England had

regard in preparing the EDP (see section 88 (3) and (4) ).

(7)

An EDP must include an overview of any other measures (in addition to the

conservation measures set out in the EDP) that are being taken or are likely

to be taken by Natural England or another public authority with the aim of

improving the conservation status of each identified environmental feature.

(8)

An EDP must set out how Natural England will monitor the EDP (see section

76 (4) and (5) ).

(9)

The Secretary of State may make regulations setting out further information

that must be included, or matters that must be dealt with, in an EDP.

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Environmental delivery plans: procedure

Draft EDP: notification and consultation

(1)

When Natural England decides to prepare an EDP, it must—

(a)

notify the Secretary of State of that decision, and

(b)

publish the notification given to the Secretary of State.

(2)

After preparing a draft EDP, Natural England must publish the draft for

public consultation and seek the views of the following—

(a)

the Environment Agency,

(b)

the Joint Nature Conservation Committee,

(c)

any local planning authority for an area that is wholly or partly within

the development area,

(d)

any local highway authority for an area that is wholly or partly within

the development area,

(e)

any strategic highways company for an area that is wholly or partly

within the development area,

(f)

Network Rail Limited, if the development area includes all or part of

its network,

(g)

the Mayor of London, if all or part of the development area is in

Greater London,

(h)

if the development area includes all or part of the area of a mayoral

combined authority, the mayor of the authority,

(i)

if the development area includes all or part of the area of a mayoral

combined county authority, the mayor of the authority,

(j)

the Marine Management Organisation, if all or part of the development

area is in the waters adjacent to England,

(k)

any other public authority Natural England considers should be

consulted, and

(l)

any other public authority specified in regulations made by the

Secretary of State.

(3)

The Secretary of State may by regulations require a public authority specified

in the regulations to respond to the consultation within the consultation

period.

(4)

Natural England need not have regard to any consultation responses received

after the end of the consultation period.

(5)

The consultation period is the period of 28 working days beginning with the

day on which the draft EDP is published for consultation, or such longer

period as is specified in regulations made by the Secretary of State.

(6)

If, after considering the responses to the consultation, Natural England amends

the draft EDP, it may (but is not obliged to) reconsult.

(7)

In this section—

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“local highway authority” has the meaning given by section 329(1) of

the Highways Act 1980;

“mayoral combined authority” has the meaning given by section 107A(8)

of the Local Democracy, Economic Development and Construction

Act 2009;

“mayoral combined county authority” has the meaning given by section

27(8) of the Levelling-up and Regeneration Act 2023;

“network” has the meaning given by section 83(1) of the Railways Act

1993;

“strategic highways company” has the meaning given by section 329(1)

of the Highways Act 1980.

Making of EDP by Secretary of State

(1)

After complying with section 58 , Natural England may send a draft of the

EDP to the Secretary of State to be made.

(2)

When providing the Secretary of State with a draft EDP, Natural England

must also provide to the Secretary of State—

(a)

copies of all responses to the consultation, and

(b)

Natural England’s response to the consultation and details of any

further consultation.

(3)

The Secretary of State may make the EDP only if the Secretary of State

considers that the EDP passes the overall improvement test.

(4)

An EDP passes the overall improvement test if, by the EDP end date, the

effect of the conservation measures will materially outweigh the negative

effect of the EDP development on the conservation status of each identified

environmental feature.

(5)

In subsection (4) , “the negative effect of the EDP development” means the

effect, caused by the environmental impact, as identified in the EDP in

accordance with section 55 (1) (b) , of the maximum amount of development

to which the EDP may apply, as specified in accordance with section 54 (5) .

(6)

The Secretary of State may request further information from Natural England

in order to decide whether to make an EDP.

(7)

If the Secretary of State decides not to make an EDP, the Secretary of State

must publish a notice of the decision that sets out the reasons for the decision.

Publication of EDP

(1)

After the Secretary of State makes an EDP, the Secretary of State must—

(a)

publish the EDP, or

(b)

direct Natural England to publish it.

(2)

The EDP must be published before the end of the period of 28 days beginning

with the day on which the Secretary of State makes the EDP.

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(3)

The EDP start date must not be before the date on which the EDP is published.

Environmental delivery plans: reporting, amendment, revocation and challenge

Reporting on an EDP

(1)

Natural England must publish—

(a)

a report on an EDP covering the period from the EDP start date to

the EDP midpoint, and

(b)

a report on an EDP covering the period from the EDP midpoint to

the EDP end date.

(2)

If an EDP is revoked (see section 63 )—

(a)

where the EDP is revoked before the EDP midpoint, Natural England

must publish a report covering the period beginning with the EDP

start date and ending with the revocation date (instead of publishing

the reports under subsection (1) );

(b)

where the EDP is revoked after the EDP midpoint, Natural England

must publish a report covering the period beginning with the EDP

midpoint and ending with the revocation date (instead of publishing

the report under subsection (1) (b) ).

(3)

Natural England may publish a report on an EDP at any other time.

(4)

A report under subsection (1) or (2) must be published before the end of the

period of two months beginning with the day on which the period covered

by the report ends.

(5)

A report under subsection (1) or (2) must state—

(a)

how much of the maximum amount of development available under

the EDP (see section 54 (5) ) remains available;

(b)

the amounts of nature restoration levy received by Natural England

under the EDP;

(c)

whether the conservation measures have been implemented and if

not, why not;

(d)

whether the conservation measures are having, or have had, their

intended effect;

(e)

what the conservation measures are costing, and how this compares

with what they were expected to cost as set out in the EDP (see section

55 (9) );

(f)

whether the rates or other criteria set out in each charging schedule

have been amended or are expected to be amended;

(g)

whether anything else in the EDP has been amended or is expected

to be amended.

(6)

A report under subsection (1) (a) (midpoint report) must also include an

assessment of whether the EDP is likely to pass the overall improvement test.

(7)

A report under subsection (1) (b) (final report) must also include—

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(a)

an assessment of whether the EDP has passed the overall improvement

test, and

(b)

if the assessment is that the EDP has not passed the test, the extent

to which the conservation measures have failed to outweigh the

negative effect of the EDP development as mentioned in section 59 (4) .

(8)

A report under subsection (2) (revocation report) must also include—

(a)

an assessment of whether the EDP would be likely to pass the overall

improvement test if it were not being revoked, but reading section 59

as if—

(i)

the reference in subsection (4) to the conservation measures

were a reference to the conservation measures that have been

or will be taken despite the EDP’s revocation (but not including

any measures taken by way of remedial action under section

64 (4) );

(ii)

the reference in subsection (5) to the maximum amount of

development to which the EDP may apply were a reference to

all of the development in respect of which a developer has

paid or will pay the nature restoration levy despite the EDP’s

revocation;

(b)

if the assessment is that the EDP would be unlikely to pass the test,

the extent to which those conservation measures are likely to fail to

outweigh the negative effect of that development.

(9)

Natural England must have regard to guidance issued by the Secretary of

State about reports on an EDP.

(10)

In this section—

“the EDP midpoint” means the point in time that falls halfway between

the EDP start date and the EDP end date;

“the revocation date” means the date on which the EDP is revoked, as

set out in the notice under section 63 (5) .

Amendment of an EDP

(1)

The Secretary of State may amend an EDP—

(a)

on a request from Natural England, or

(b)

on the Secretary of State’s own initiative.

(2)

But an EDP may not be amended so that it no longer applies to development

in respect of which a developer has already committed to pay the nature

restoration levy under the EDP.

(3)

Where Natural England requests, or the Secretary of State is minded to make,

an amendment to an EDP that—

(a)

increases the maximum amount of development to which the EDP

may apply, as specified under section 54 (5) ,

(b)

changes the development area to include a new area to which the EDP

does not currently apply, or

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(c)

adds new conservation measures that are of a kind not currently

included in the EDP,

the Secretary of State must direct Natural England to consult on the EDP as

proposed to be amended.

(4)

Where—

(a)

Natural England requests any other type of amendment, other than

an amendment only to a charging schedule, or

(b)

the Secretary of State is minded to make such an amendment,

the Secretary of State may direct Natural England to consult on the EDP as

proposed to be amended.

(5)

Where the Secretary of State directs Natural England to consult, Natural

England must—

(a)

follow the consultation procedure set out in section 58 , and

(b)

provide to the Secretary of State—

(i)

copies of all responses to the consultation, and

(ii)

Natural England’s response to the consultation and details of

any further consultation.

(6)

The Secretary of State may make an amendment to an EDP only if the

Secretary of State considers that the EDP as amended passes the overall

improvement test.

(7)

If the Secretary of State decides not to make an amendment when requested

to do so by Natural England, the Secretary of State must publish a notice of

the decision that sets out the reasons for the decision.

(8)

After the Secretary of State amends an EDP, the Secretary of State must—

(a)

publish the EDP as amended, or

(b)

direct Natural England to publish it.

(9)

The amended EDP must be published before the end of the period of 28 days

beginning with the day on which the Secretary of State makes the amendment.

(10)

The amendment must not come into effect before the date on which the

amended EDP is published.

(11)

Subsections (4) to (7) do not apply to an amendment that only corrects a

clerical or typographical error.

Revocation of an EDP

(1)

The Secretary of State may revoke an EDP—

(a)

on a request from Natural England, or

(b)

on the Secretary of State’s own initiative.

(2)

The Secretary of State must revoke an EDP if the Secretary of State no longer

considers that the EDP passes the overall improvement test, unless Natural

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England has proposed amendments under section 62 which would, if made,

result in that test being passed.

(3)

If the Secretary of State decides not to revoke an EDP when requested to do

so by Natural England, the Secretary of State must publish a notice of the

decision that sets out the reasons for the decision.

(4)

The power to revoke an EDP includes a power—

(a)

to revoke different parts of the EDP at different times;

(b)

to revoke the EDP, or parts of the EDP, at different times in relation

to different developments.

(5)

Where the Secretary of State revokes an EDP, the Secretary of State must

publish a notice of revocation setting out—

(a)

the fact that the EDP has been revoked and the date of revocation (the

“EDP revocation date”),

(b)

where only part of the EDP is revoked or different parts of the EDP

are revoked at different times or in relation to different developments,

details of how the revocation is to take effect, and

(c)

the reasons for the revocation.

Remedial action by Secretary of State where EDP ends or is revoked

(1)

This section applies where a report under section 61 (1) (b) or (2) (report at

end or on revocation of EDP) contains an assessment that the EDP has not

passed, or would be unlikely to pass, the overall improvement test (see section

61 (7) and (8) ).

(2)

The Secretary of State must take such action (“remedial action”) as the

Secretary of State considers proportionate for the purpose of seeking to

materially outweigh the negative effect on the conservation status of the

identified environmental feature that is (or is likely to be) caused by the

environmental impact (as identified in the EDP in accordance with section

55 (1) (b) ) of any development in respect of which a developer has paid or will

pay the nature restoration levy.

(3)

In deciding whether remedial action is proportionate, the Secretary of State

must take into account—

(a)

the extent of the negative effect on the conservation status of the

identified environmental feature,

(b)

the extent to which the remedial action would remedy that negative

effect, and

(c)

the cost of the remedial action.

(4)

Remedial action may include—

(a)

taking (or continuing to take) any conservation measures included in

the EDP, or directing another public authority to take (or continue to

take) such measures;

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(b)

taking, or directing another public authority to take, any other

measures to improve the conservation status of the identified

environmental feature.

(5)

The Secretary of State must, before the end of the period of six months

beginning with the date on which the report mentioned in subsection (1) is

published, publish a statement setting out—

(a)

the remedial action that the Secretary of State intends to take, and

(b)

the effect that the remedial action is expected to have on the identified

environmental feature.

(6)

The Secretary of State must, before the end of the period of two years

beginning with the date on which the statement mentioned in subsection (5)

is published, publish a report setting out—

(a)

the extent to which the remedial action has remedied the negative

effect mentioned in subsection (2) , and

(b)

whether the remedial action has had its expected effect, as set out in

the statement under subsection (5) (b) .

(7)

If any measures taken by way of remedial action have not been fully

implemented by the time the report mentioned in subsection (6) is published—

(a)

that report must set out when the measures are expected to be fully

implemented, and

(b)

the Secretary of State must publish a further report, containing the

information required under subsection (6) (a) and (b) , before the end

of the period of six months beginning with the day on which the

measures are fully implemented.

Challenging an EDP

(1)

A court may entertain proceedings for questioning an EDP or anything done,

or omitted to be done, by the Secretary of State or Natural England in the

course of preparing an EDP only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed during the period of six weeks beginning with

the day on which the EDP is published (see section 60 ).

(2)

A court may entertain proceedings for questioning a decision of the Secretary

of State not to make an EDP only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed before the end of the period of six weeks

beginning with the day on which the notice of the decision not to

make the EDP is published (see section 59 (7) ).

(3)

A court may entertain proceedings for questioning an amendment to an EDP

only if—

(a)

the proceedings are brought by a claim for judicial review, and

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(b)

the claim form is filed before the end of the period of six weeks

beginning with the day on which the amended EDP is published (see

section 62 (9) ).

(4)

A court may entertain proceedings for questioning a decision of the Secretary

of State not to make an amendment to an EDP only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed before the end of the period of six weeks

beginning with either—

(i)

in the case of a refusal to amend an EDP on the request of

Natural England, the day on which the notice of the decision

not to make the amendment is published (see section 62 (7) ),

(ii)

in any other case, the earlier of the day on which Secretary of

State publishes a notice of the decision not to amend the EDP

that sets out reasons for the decision and the day on which the

person bringing the proceedings had notice of that decision

and those reasons.

(5)

A court may entertain proceedings for questioning a revocation of an EDP

only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed before the end of the period of six weeks

beginning with the day on which the notice of revocation is published

(see section 63 (5) ).

(6)

A court may entertain proceedings for questioning a refusal by the Secretary

of State to revoke an EDP only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed before the end of the period of six weeks

beginning with either—

(i)

in the case of a refusal to revoke an EDP on the request of

Natural England, the day on which the notice of the decision

not to revoke the EDP is published (see section 63 (3) ), or

(ii)

in any other case, the earlier of the day on which Secretary of

State publishes a notice of the decision not to revoke the EDP

that sets out reasons for the decision and the day on which the

person bringing the proceedings had notice of that decision

and those reasons.

The nature restoration levy

Commitment to pay the nature restoration levy

(1)

A developer may, at any time before development commences, make a request

in writing to Natural England to pay the nature restoration levy in relation

to a development to which an EDP applies.

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(2)

If Natural England accept the request, the developer is committed to pay the

nature restoration levy (see also section 68 (4) ).

(3)

Schedule 4 sets out how a commitment by a developer to pay the nature

restoration levy in relation to a development results in—

(a)

an environmental impact of development on a protected feature of a

protected site being disregarded for the purposes of obligations under

the Habitats Regulations 2017, the Wildlife and Countryside Act 1981

or the Marine and Coastal Access Act 2009;

(b)

a developer being treated as having been granted a licence under

regulation 55 of the Habitats Regulations 2017, section 16 of the

Wildlife and Countryside Act 1981 or section 10 of the Protection of

Badgers Act 1992.

(4)

An EDP may provide, in relation to a kind of development and kind of

environmental impact on an identified environmental feature, that payment

of the levy is mandatory, and if it does so—

(a)

in a case where the feature is a protected feature of a European site

or a Ramsar site, the developer does not have the option of ensuring

that any actions relating to the development comply with Part 6 of

the Habitats Regulations instead of paying the levy;

(b)

in a case where the feature is a protected feature of an SSSI, the

developer does not have the option of—

(i)

getting Natural England’s consent under section 28E of the

Wildlife and Countryside Act 1981 for operations mentioned

in that section, to the extent that the operations have that kind

of environmental impact on the identified environmental

feature, or

(ii)

ensuring that any actions relating to the development comply

with section 28H or 28I of that Act,

instead of paying the levy;

(c)

in a case where the feature is a protected feature of a marine

conservation zone, the developer does not have the option of satisfying

the public authority determining an application relating to the

development of the matters mentioned in section 126(6) or (7) of the

Marine and Coastal Access Act 2009 instead of paying the levy;

(d)

in a case where the feature is a protected species, the developer does

not have the option of applying for a licence directly under regulation

55 of the Habitats Regulations 2017, section 16 of the Wildlife and

Countryside Act 1981 or section 10 of the Protection of Badgers Act

1992 (as the case may be) instead of paying the levy.

(5)

If an EDP makes provision as mentioned in subsection (4) , it must set out

the reasons why Natural England considers that to be necessary.

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Regulations about the nature restoration levy

(1)

The Secretary of State may make regulations about the nature restoration levy

(“nature restoration levy regulations”).

(2)

In making the regulations, the Secretary of State must aim to ensure that the

overall purpose of the nature restoration levy is to ensure that costs incurred

in maintaining or improving the conservation status of environmental features

can be funded (wholly or partly) by developers in a way that does not make

development economically unviable.

Liability to pay the levy

(1)

Nature restoration levy regulations may make provision about liability to pay

the nature restoration levy in relation to a development, including—

(a)

who is liable to pay the levy, and

(b)

when liability to pay arises.

(2)

The regulations may in particular include provision about the assumption of

liability to pay the levy, such as—

(a)

how and when a person may assume liability;

(b)

withdrawal of assumption of liability;

(c)

cancellation of assumption of liability by Natural England.

(3)

The regulations may also include provision—

(a)

imposing liability to pay the nature restoration levy in relation to a

development—

(i)

where no person has assumed liability,

(ii)

where an assumption of liability has been withdrawn or

cancelled, or

(iii)

in other specified circumstances (such as the insolvency or

withdrawal of a person who has assumed liability);

(b)

about joint, several and partial liability and the liability of partnerships;

(c)

about the apportionment of liability, which may—

(i)

include provision for referral to a specified person or body for

determination, and

(ii)

include provision for appeals;

(d)

about the transfer of liability.

(4)

The regulations may also make provision for Natural England to be permitted,

or required, to rescind its acceptance of a request by a developer to pay the

levy (see section 66 (1) ) in circumstances specified in the regulations, such that

the developer ceases to be committed to pay the nature restoration levy.

Amount of the levy

(1)

When considering the rates or other criteria to be set out in a charging

schedule (see section 56 (1) ) in the course of preparing an EDP, Natural

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England must have regard, to the extent and in the manner specified by

nature restoration levy regulations, to—

(a)

the actual and expected costs of the conservation measures relating

to the environmental impact of development on the environmental

feature to which the charging schedule relates;

(b)

matters specified in the regulations relating to the economic viability

of development (which may include, in particular, actual or potential

economic effects of the grant of a consent for development or the

imposition of the levy);

(c)

other actual or expected sources of funding for those conservation

measures.

(2)

Nature restoration levy regulations may make other provision about rates or

other criteria.

(3)

The regulations may, in particular, permit or require Natural England—

(a)

to have regard, to the extent and in the manner specified by the

regulations, to actual or expected administrative expenses in connection

with an EDP;

(b)

to have regard, to the extent and in the manner specified by the

regulations, to values used or documents produced for other statutory

purposes;

(c)

to integrate the process, to the extent and in the manner specified by

the regulations, with processes undertaken for other statutory purposes;

(d)

to produce charging schedules having effect in relation to specified

periods (subject to revision).

(4)

The regulations may permit or require charging schedules to adopt specified

methods of calculation.

(5)

In particular, the regulations may—

(a)

permit or require charging schedules to operate by reference to

descriptions or purposes of development;

(b)

permit or require charging schedules to operate by reference to any

measurement of the amount or nature of development (whether by

reference to measurements of floor space, to numbers or intended uses

of buildings or of units within buildings, to allocation of space within

buildings or units, to values or expected values or in any other way);

(c)

permit or require charging schedules to operate by reference to the

nature or existing use of the place where development is undertaken;

(d)

permit or require charging schedules to operate by reference to an

index used for determining a rate of inflation;

(e)

permit or require charging schedules to operate by reference to values

used or documents produced for other statutory purposes;

(f)

provide, or permit or require provision, for differential rates, which

may include provision for supplementary charges, a nil rate, increased

rates or reductions.

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(6)

The regulations may require Natural England to provide in specified

circumstances an estimate of the amount of the nature restoration levy

chargeable in respect of development of land.

Appeals

(1)

Nature restoration levy regulations must provide for a right of appeal on a

question of fact in relation to the calculation of the amount of the levy payable

by a developer.

(2)

Regulations under this section or section 68 (3) (c) (ii) may, in particular, make

provision about—

(a)

who may make an appeal,

(b)

the court, tribunal or other person who is to determine an appeal,

(c)

the period within which the right of appeal may be exercised,

(d)

the procedure on an appeal, and

(e)

the payment of fees, and award of costs, in relation to an appeal.

(3)

In any proceedings for judicial review of a decision on an appeal, the

defendant is to be such person as is specified in the regulations (and the

regulations may also specify a person who is not to be the defendant for these

purposes).

Use of nature restoration levy

(1)

Nature restoration levy regulations must require Natural England to spend

money received by virtue of the nature restoration levy on conservation

measures that relate to the environmental feature in relation to which the

levy is charged (see section 56 (2) ).

(2)

The regulations may specify—

(a)

conservation measures that may be, or may not be, funded by the

nature restoration levy;

(b)

maintenance and operational activities in connection with conservation

measures that may be, or may not be, funded by the levy;

(c)

what is to be, or not to be, treated as funding.

(3)

The regulations may—

(a)

require Natural England to prepare and publish a list of conservation

measures that are to be, or may be, wholly or partly funded by the

nature restoration levy;

(b)

include provision about the procedure to be followed in preparing a

list (which may include provision for consultation, for the appointment

of an independent person or a combination);

(c)

include provision about the circumstances in which Natural England

may and may not spend money received by virtue of the nature

restoration levy on anything not included on the list.

(4)

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

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(a)

permit money received by virtue of the nature restoration levy to be

used to reimburse expenditure already incurred;

(b)

permit such money to be reserved for expenditure that may be incurred

in the future;

(c)

permit such money to be used (either generally or subject to limits set

by or determined in accordance with the regulations) for administrative

expenses in connection with an EDP;

(d)

make provision for funding to extend beyond the EDP end date;

(e)

make provision for the giving of loans, guarantees or indemnities;

(f)

make provision about the use of money received by virtue of the

nature restoration levy where anything for which it was to be used

no longer requires funding;

(g)

make provision about the use of money received by virtue of the

nature restoration levy in a case where the EDP under which the levy

was paid is revoked.

(5)

The regulations may—

(a)

require Natural England to account separately, and in accordance with

the regulations, for any money received or due by virtue of the nature

restoration levy;

(b)

require Natural England to monitor the use made and to be made of

such money;

(c)

require Natural England to report on actual or expected charging,

collection and use of money received by virtue of the nature restoration

levy;

(d)

permit or require Natural England to pass money to another public

authority (and in paragraphs (a) to (c) a reference to Natural England

includes a reference to a person to whom Natural England passes

money in reliance on this paragraph).

Collection of nature restoration levy

(1)

Nature restoration levy regulations must include provision about the collection

of the nature restoration levy.

(2)

The regulations may make provision for payment of the levy—

(a)

on account;

(b)

by instalments.

(3)

The regulations may make provision about refunds (with or without interest)

in cases of overpayment.

(4)

The regulations may make provision requiring, or deeming, the imposition

of conditions of development for the purpose of securing the collection of the

nature restoration levy (including conditions of development that require the

payment of the nature restoration levy before development begins or that

require development to cease where the nature restoration levy that is payable

has not been paid).

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(5)

The regulations may make provision about the treatment of payments of the

nature restoration levy where there is a change to the development which

affects the basis on which the levy is charged (including provision for

payments that have been made in relation to a development to discharge

liability for the nature restoration levy in respect of other development).

(6)

The regulations may make provision about payment in forms other than

money (such as making land available, carrying out works or providing

services).

(7)

The regulations may permit or require a public authority to collect any nature

restoration levy charged by Natural England; and section 71 (5) (a) and (c)

apply to a collecting authority in respect of collection as they apply to Natural

England.

(8)

Regulations under this section may—

(a)

replicate or apply (with or without modifications) any enactment

relating to the collection of a tax;

(b)

confer a discretion on Natural England or a collecting authority to

determine any matter.

Enforcement

(1)

Nature restoration levy regulations must include provision about enforcement

of the nature restoration levy.

(2)

The regulations must make provision about the consequences of late payment

and failure to pay.

(3)

The regulations may make provision about the consequences of failure to

assume liability, to give a notice or to comply with another procedure under

nature restoration levy regulations.

(4)

The regulations may, in particular, include provision—

(a)

for the payment of interest;

(b)

for the imposition of a penalty or surcharge;

(c)

conferring a power of entry onto land;

(d)

requiring the provision of information;

(e)

creating a criminal offence (including, in particular, an offence relating

to evasion or attempted evasion or to the provision of false or

misleading information or failure to provide information);

(f)

conferring power to prosecute an offence;

(g)

for enforcement of sums owed (whether by action on a debt, by

distraint against goods or in any other way);

(h)

conferring jurisdiction on a court to grant injunctive or other relief to

enforce a provision of the regulations (including a provision included

in reliance on this section);

(i)

for enforcement in the case of death or insolvency of a person liable

to pay the nature restoration levy.

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(5)

Nature restoration levy regulations may include provision (whether or not

in the context of late payment or failure to pay) about registration or

notification of actual or potential liability to pay the levy; and the regulations

may include provision—

(a)

for the creation of local land charges;

(b)

for the registration of local land charges;

(c)

for enforcement of local land charges (including, in particular, for

enforcement—

(i)

against successive owners, and

(ii)

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

(d)

for making entries in statutory registers;

(e)

for the cancellation of charges and entries.

(6)

Regulations under this section may—

(a)

replicate or apply (with or without modifications) any enactment

relating to the enforcement of a tax;

(b)

provide for appeals.

(7)

Regulations under this section may provide that any interest, penalty or

surcharge payable by virtue of the regulations is to be treated for the purposes

of sections 71 to 74 as if it were an amount of nature restoration levy.

(8)

Regulations providing for a surcharge or penalty must ensure that the total

amount of a surcharge or penalty in respect of an amount of nature restoration

levy may not exceed 30% of that amount.

(9)

But the regulations may provide for more than one surcharge or penalty to

be imposed in relation to a levy charge.

(10)

The regulations may not authorise entry to a private dwelling without a

warrant issued by a justice of the peace.

(11)

Regulations under this section creating a criminal offence may not provide

for—

(a)

imprisonment for a term exceeding the maximum term for summary

offences, on summary conviction for an offence triable summarily

only,

(b)

imprisonment for a term exceeding the general limit in a magistrates’

court, on summary conviction for an offence triable either way, or

(c)

imprisonment for a term exceeding 2 years, on conviction on

indictment.

(12)

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

(a)

in relation to an offence committed before the time when section 281(5)

of the Criminal Justice Act 2003 comes into force, 6 months;

(b)

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

(13)

In this Part, a reference to administrative expenses in connection with an EDP

includes a reference to enforcement expenses.

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Compensation

(1)

Nature restoration levy regulations may require Natural England or another

public authority to pay compensation in respect of loss or damage suffered

as a result of enforcement action.

(2)

In this section, “enforcement action” means action taken under regulations

under section 73 .

(3)

The regulations may provide that compensation is not required to be paid—

(a)

to a person who has failed to satisfy a liability to pay the nature

restoration levy, or

(b)

in other circumstances specified by the regulations.

(4)

The regulations may make provision about—

(a)

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

and

(b)

the sums, or the method of determining the sums, payable by way of

compensation.

(5)

Nature restoration levy regulations may permit or require Natural England

to apply the nature restoration levy (either generally or subject to limits set

by or determined in accordance with the regulations) for expenditure incurred

under this section.

(6)

A dispute about compensation may be referred to and determined by the

Upper Tribunal.

(7)

In relation to the determination of any such question, the provisions of section

4 of the Land Compensation Act 1961 apply subject to any necessary

modifications and to the provisions of nature restoration levy regulations.

Guidance about the nature restoration levy

(1)

The Secretary of State may give guidance to Natural England or another

public authority about any matter connected with the nature restoration levy.

(2)

Natural England, or any other public authority to whom guidance is given,

must have regard to the guidance.

Powers and duties: Natural England etc

Administering, implementing and monitoring EDPs

(1)

Natural England’s functions under this Part include—

(a)

administering EDPs;

(b)

taking conservation measures, and doing anything else that Natural

England considers necessary to implement EDPs;

(c)

monitoring EDPs.

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(2)

In exercise of the function under subsection (1) (b) Natural England may,

among other things, develop land.

(3)

Natural England may pay another person to take conservation measures.

(4)

In monitoring an EDP, Natural England must take sufficient measures to

monitor—

(a)

the effectiveness of the conservation measures that have been

implemented, and

(b)

the effects of the EDP in general.

(5)

In deciding how to monitor an EDP, Natural England must have regard to

guidance issued by the Secretary of State.

Power to enter and survey or investigate land

(1)

A person authorised by Natural England may enter and survey or investigate

any land in connection with the exercise by Natural England of any function

conferred by or under this Part.

(2)

The power conferred by subsection (1) —

(a)

must be exercised at a reasonable hour;

(b)

may not be exercised in relation to a private dwelling.

(3)

A person authorised under subsection (1) may not demand admission as of

right to any land which is occupied unless notice in writing of the intended

entry has been given to the occupier as follows—

(a)

if the land is held by a statutory undertaker, the notice must be at

least 21 days;

(b)

in any other case, the notice must be at least 24 hours.

(4)

But notice under subsection (3) is not required to be given for second and

subsequent entries onto the same land to carry out the same kind of surveying

or investigating.

(5)

A person may not be authorised under subsection (1) to enter and survey or

value land in connection with a proposal by Natural England to acquire an

interest in or a right over land (but see section 172 of the Housing and

Planning Act 2016).

(6)

In this section, “statutory undertaker” means a person who is, or who is

deemed to be, a statutory undertaker for the purposes of any provision of

Part 11 of the Town and Country Planning Act 1990.

Warrant to enter and survey or investigate land

(1)

This section applies if a justice of the peace is satisfied, on an application by

an authorised person giving written information on oath—

(a)

that there are reasonable grounds for entering and surveying or

investigating any land except a private dwelling in connection with

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the exercise by Natural England of any function conferred by or under

this Part, and

(b)

that—

(i)

an authorised person has given notice as set out in section 77 (3)

but has been denied admission to the land or received no reply

to a request for admission within a reasonable period,

(ii)

admission to the land is unlikely to be granted unless a warrant

is produced, or

(iii)

it is necessary to confer a power to use force (if necessary) to

achieve the purpose for which entry is sought.

(2)

The justice of the peace may issue a warrant conferring a power on any

authorised person to enter and survey or investigate the land, if necessary

using reasonable force.

(3)

Subject to subsection (8) , a warrant may be executed in relation to land which

is occupied only if notice in writing of the intended entry has been given to

the occupier as follows—

(a)

if the land is held by a statutory undertaker, the notice must be at

least 21 days;

(b)

in any other case, the notice must be at least 24 hours.

(4)

That notice must—

(a)

be accompanied by a copy of the warrant, or

(b)

if no warrant has yet been issued, state that Natural England intends

to apply for a warrant.

(5)

A person executing or seeking to execute a warrant must produce a copy of

the warrant to the occupier of the land (if present).

(6)

A warrant must specify the number of occasions on which the warrant confers

power to enter and survey or investigate the land.

(7)

The number specified must be the number which the justice of the peace

considers appropriate to achieve the purpose for which the warrant is required.

(8)

Where a warrant authorises entry onto the same land on more than one

occasion, notice under subsection (3) is not required to be given for second

and subsequent entries to carry out the same kind of surveying or

investigating.

(9)

Execution of a warrant must be—

(a)

within the period of three months starting with the date of its issue;

(b)

at a reasonable hour.

(10)

A warrant under this section may not authorise a person to enter and survey

or value land in connection with a proposal by Natural England to acquire

an interest in or a right over land (but see section 172 of the Housing and

Planning Act 2016).

(11)

In this section—

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“authorised person” means a person authorised by Natural England

under section 77 ;

“statutory undertaker” has the meaning given by that section.

Powers of entry: further provision

(1)

In this section and in sections 80 and 81 , “power of entry” means a power to

enter and survey or investigate land conferred by section 77 or by a warrant

under section 78 .

(2)

An authorisation of a person by Natural England to exercise a power of entry

must be in writing.

(3)

When exercising or seeking to exercise a power of entry, a person must if

asked produce evidence of the person’s authority and state the purpose of

the intended entry.

(4)

A person exercising a power of entry may be accompanied by any person,

and bring anything, required for any purpose for which the power of entry

is being exercised.

(5)

If a person exercising a power of entry has reasonable cause to expect any

obstruction in exercising the power, the person may be accompanied by a

constable.

(6)

If in the exercise of a power of entry a person enters land which is unoccupied

or from which the occupier is absent, the person must leave it as effectively

secured against unauthorised entry as the person found it.

(7)

A person exercising a power of entry must not carry out any surveying or

investigating of a kind specified in subsection (8) unless details of what is

proposed were included in—

(a)

the notice under section 77 (3) or 78 (3) , or

(b)

if the land is unoccupied, a notice given to every owner of the land

that the person is able to identify after taking reasonable steps to do

so.

(8)

The kinds of surveying or investigating referred to in subsection (7) are—

(a)

carrying out an aerial survey;

(b)

leaving apparatus on the land in question;

(c)

taking samples of—

(i)

water,

(ii)

air,

(iii)

soil or rock,

(iv)

flora,

(v)

blood, tissue or other biological material of fauna (living or

dead), or

(vi)

any non-living thing present as a result of human action;

(d)

searching for flora or fauna;

Page 113

(e)

carrying out exploratory works for purposes connected with the taking

of a conservation measure.

(9)

A written authorisation from the Secretary of State is required before a person

exercises a power of entry if—

(a)

the land in question is held by a statutory undertaker, and

(b)

the undertaker objects to anything proposed to be done in exercise of

the power of entry on the ground that doing it would be seriously

detrimental to the undertaker carrying on its undertaking.

(10)

Any such objection must be in writing and must be provided to Natural

England within the period for which notice is given in relation to the intended

entry under section 77 (3) or 78 (3) .

(11)

In this section, “statutory undertaker” has the meaning given by section 77 .

Powers of entry: compensation

(1)

If damage is caused to land or other property in the exercise of a power of

entry, a person suffering the damage may recover compensation from Natural

England.

(2)

Notice required to be given under section 77 (3) , 78 (3) or 79 (7) (b) must include

a statement about the right to such compensation.

(3)

Any question of disputed compensation under subsection (1) is to be referred

to and determined by the Upper Tribunal.

(4)

Section 4 of the Land Compensation Act 1961 (costs) applies to the

determination of a question referred under subsection (3) as it applies to the

determination of a question under section 1 of that Act, but as if references

to the acquiring authority were references to Natural England.

Powers of entry: offences

(1)

A person who intentionally obstructs a person acting in exercise of a power

of entry commits an offence.

(2)

A person who commits an offence under subsection (1) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

(3)

A person commits an offence if the person discloses confidential information,

obtained in the exercise of a power of entry, for purposes other than those

for which the power was exercised.

(4)

A person who commits an offence under subsection (3) is liable—

(a)

on summary conviction, to a fine;

(b)

on conviction on indictment, to imprisonment for a term not exceeding

2 years or a fine, or both.

(5)

In subsection (3) “confidential information” means information—

(a)

which constitutes a trade secret, or

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(b)

the disclosure of which would or would be likely to prejudice the

commercial interests of any person.

Remedial action: powers of Secretary of State etc to enter and survey or

investigate land

(1)

A person authorised by a relevant authority may enter and survey or

investigate any land for remedial action purposes.

(2)

Subsection (3) applies if a justice of the peace is satisfied, on an application

by a person authorised by a relevant authority giving written information on

oath—

(a)

that there are reasonable grounds for entering and surveying or

investigating any land except a private dwelling for remedial action

purposes, and

(b)

that a condition specified in section 78 (1) (b) (i) , (ii) or (iii) is met

(reading the reference to an authorised person in subsection (1) (b) (i)

as a reference to a person authorised by the relevant authority).

(3)

The justice of the peace may issue a warrant conferring a power on any person

authorised by the relevant authority to enter and survey or investigate the

land, if necessary using reasonable force.

(4)

The following provisions apply in relation to the exercise of the powers

conferred by or under subsections (1) and (3) on a person authorised by the

relevant authority as they apply in relation to the exercise of the powers

conferred by or under sections 77 and 78 on a person authorised by Natural

England, reading references in the applied provisions to Natural England as

references to the relevant authority—

(a)

section 77 (2) to (6) (notice requirement etc);

(b)

section 78 (3) to (10) and the definition of “statutory undertaker” in

subsection (11) of that section (requirements for execution of warrant);

(c)

section 79 (1) to (8) (further provision about powers of entry);

(d)

section 80 (compensation);

(e)

section 81 (offences).

(5)

Subsections (9) to (11) of section 79 (land held by statutory undertakers) apply

in relation to the exercise of the powers conferred by or under subsections

(1) and (3) by a person authorised by an authority within subsection (7) (b)

as they apply in relation to the exercise of the powers conferred by or under

sections 77 and 78 on a person authorised by Natural England, reading the

reference in the applied provisions to Natural England as a reference to the

authority within subsection (7) (b) .

(6)

In this section “remedial action purposes” means purposes connected with

the taking by the Secretary of State or another public authority of—

(a)

a conservation measure as mentioned in section 64 (4) (a) , or

(b)

any other measure to improve the conservation status of an identified

environmental feature as mentioned in section 64 (4) (b) .

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(7)

In this section “relevant authority” means—

(a)

the Secretary of State, or

(b)

a public authority to which the Secretary of State has given a direction

under section 64 (4) (a) or (b) .

Compulsory purchase powers: Natural England

(1)

Natural England may acquire land compulsorily if the Secretary of State

authorises it to do so.

(2)

The power under subsection (1) may be exercised in relation to land only if

Natural England requires the land for purposes connected with the taking of

a conservation measure.

(3)

The power under subsection (1) includes power to acquire new rights over

land.

(4)

Subsection (5) applies where—

(a)

land or new rights over land are being acquired compulsorily under

subsection (1) , and

(b)

any of the land which is being acquired, or over which new rights are

being acquired, is land which has been acquired by statutory

undertakers for the purposes of their undertaking.

(5)

The power under subsection (1) includes power to acquire land compulsorily

for giving in replacement for the land or (as the case may be) new rights

mentioned in subsection (4) (b) .

(6)

Subsection (7) applies where—

(a)

land or new rights over land are being acquired compulsorily under

subsection (1) , and

(b)

any of the land which is being acquired, or over which new rights are

being acquired, is or forms part of a common, open space or allotment.

(7)

The power under subsection (1) includes power to acquire land compulsorily

for giving in exchange for the land or (as the case may be) new rights

mentioned in subsection (6) (b) .

(8)

Schedule 5 makes further provision in relation to compulsory acquisition by

Natural England under this section.

(9)

In this section—

“allotment” means a fuel or field garden allotment;

“common” has the same meaning as in section 19 of the Acquisition of

Land Act 1981;

“open space” means any land which is—

(a)

laid out as a public garden,

(b)

used for the purposes of public recreation, or

(c)

a disused burial ground;

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“statutory undertakers” has the same meaning as in section 16 of the

Acquisition of Land Act 1981.

Compulsory purchase powers: Secretary of State

(1)

The Secretary of State may acquire land compulsorily if the Secretary of State

requires the land for remedial action purposes.

(2)

In subsection (1), “remedial action purposes” means purposes connected with

the taking by the Secretary of State or another public authority of—

(a)

a conservation measure as mentioned in section 64 (4) (a) , or

(b)

any other measure to improve the conservation status of an identified

environmental feature as mentioned in section 64 (4) (b) .

(3)

The provisions of section 83 (3) to (9) and Schedule 5 apply in relation to (or

to matters connected with) the compulsory acquisition of land by the Secretary

of State under subsection (1) as they apply in relation to (or to matters

connected with) the compulsory acquisition of land by Natural England under

section 83 (1).

Annual reports

(1)

Natural England must publish a report for each financial year on the exercise

of its functions under this Part.

(2)

Each report must include—

(a)

a list of all EDPs in force, and details of the kinds of development and

environmental obligations covered by each one;

(b)

a list of EDPs being prepared, and details of the kinds of development

and environmental obligations proposed to be covered by each one;

(c)

details of any amendments to or revocations of EDPs since the previous

report;

(d)

a summary of Natural England’s accounts in respect of the financial

year in question relating to its functions under this Part, including

information about—

(i)

the total amounts received by Natural England by virtue of

the nature restoration levy in respect of that year, and

(ii)

the total amounts spent on conservation measures in respect

of that year.

(3)

Natural England must have regard to guidance issued by the Secretary of

State about the preparation of a report under this section.

(4)

Natural England must send a copy of a report under this section to the

Secretary of State, and publish the report, within such period as the Secretary

of State directs.

(5)

The Secretary of State must lay a copy of the report before Parliament.

(6)

In this section “financial year” means—

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(a)

the period beginning with the day on which this Part comes into force

and ending with the next 31 March, and

(b)

each subsequent period of 12 months ending with 31 March.

Power to designate another person to prepare EDPs etc

Power to designate person to exercise functions under this Part

(1)

The Secretary of State may by regulations designate another person to exercise

the functions of Natural England under this Part.

(2)

The regulations may make provision—

(a)

for a designated person to replace Natural England, or

(b)

for Natural England or a designated person to exercise functions under

this Part only in relation to an area or a kind of development specified

in the regulations.

(3)

The regulations may confer on a designated person such functions of Natural

England under Part 1 of the Natural Environment and Rural Communities

Act 2006 as the Secretary of State considers necessary to enable the designated

person to exercise the functions of Natural England under this Part.

(4)

The power to make regulations under subsection (1) includes a power to

make consequential amendments to an Act (including to this Act).

Transfer schemes in connection with regulations under

(1)

The Secretary of State may, in connection with regulations made under section

86 (1) , make one or more schemes for the transfer of property, rights and

liabilities (a “transfer scheme”) between—

(a)

Natural England and a designated person;

(b)

two or more designated persons.

(2)

The things that may be transferred under a transfer scheme include—

(a)

property, rights and liabilities that could not otherwise be transferred;

(b)

property acquired, and rights and liabilities arising, after the making

of the scheme;

(c)

criminal liabilities.

(3)

A transfer scheme may—

(a)

create rights, or impose liabilities, in relation to property or rights

transferred;

(b)

make provision about the continuing effect of things done by, on

behalf of or in relation to the transferor in respect of anything

transferred;

(c)

make provision about the continuation of things (including legal

proceedings) in the process of being done by, on behalf of or in relation

to the transferor in respect of anything transferred;

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(d)

make provision for references to the transferor in an instrument or

other document in respect of anything transferred to be treated as

references to the transferee;

(e)

make provision for the shared ownership or use of property;

(f)

make provision which is the same as or similar to the TUPE

regulations;

(g)

make other consequential, supplementary, incidental or transitional

provision.

(4)

A transfer scheme may provide—

(a)

for modifications by agreement;

(b)

for modifications to have effect from the date when the original scheme

came into effect.

(5)

For the purposes of this section—

(a)

references to rights and liabilities include rights and liabilities relating

to a contract of employment;

(b)

references to the transfer of property include the grant of a lease.

(6)

For the purposes of subsection (5) (a) —

(a)

an individual who holds employment in the civil service of the State

is to be treated as employed by virtue of a contract of employment,

and

(b)

the terms of the individual’s employment in the civil service of the

State are to be treated as constituting the terms of the contract of

employment.

(7)

In this section—

“designated person” means a person designated in regulations made

under section 86 (1) ;

“the TUPE regulations” means the Transfer of Undertakings (Protection

of Employment) Regulations 2006 (S.I. 2006/246).

Supplementary

General duties when exercising functions relating to EDPs

(1)

This section applies where—

(a)

Natural England or the Secretary of State is exercising any functions

in relation to the preparation, amendment or revocation of an EDP,

(b)

the Secretary of State is considering whether to take, or is taking,

remedial action under section 64 .

(2)

Natural England or the Secretary of State must take account of the best

available scientific evidence.

(3)

Natural England or the Secretary of State must have regard to—

(a)

the development plan for the development area,

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(b)

the current environmental improvement plan,

(c)

any Environment Act strategies, and

(d)

any other strategies or plans,

so far as Natural England or the Secretary of State considers them to be

relevant.

(4)

Where an EDP specifies as the development area an area that includes waters

adjacent to England (see section 54 (2) (b) ), Natural England or the Secretary

of State must also have regard to—

(a)

any marine plan,

(b)

the marine policy statement, and

(c)

the UK marine strategy,

so far as Natural England or the Secretary of State considers them to be

relevant.

(5)

Where an EDP includes as an identified environmental feature a protected

feature of a protected site, Natural England or the Secretary of State must

have regard to any conservation objectives of the site that relate to the feature,

so far as Natural England or the Secretary of State considers them to be

relevant.

(6)

Where an EDP includes as an identified environmental feature a protected

species, Natural England or the Secretary of State must have regard to the

need to achieve favourable conservation status for that species in their natural

range.

(7)

Subsection (8) applies where—

(a)

an EDP includes as an identified environmental feature a protected

feature of a protected site, and

(b)

the EDP includes conservation measures of the type mentioned in

section 55 (5) (network conservation measures).

(8)

Natural England or the Secretary of State must have regard to the need to

protect the overall coherence of each relevant site network of which the

protected site forms a part, so far as it relates to the protected feature.

(9)

The Secretary of State may by regulations make provision about other things

that must be done by Natural England when exercising functions in relation

to the preparation, amendment or revocation of an EDP.

(10)

In this section—

“current environmental improvement plan” has the same meaning as in

Part 1 of the Environment Act 2021 (see section 8 of that Act);

“development plan” has the same meaning as in section 38 of the

Planning and Compulsory Purchase Act 2004;

“Environment Act strategy” means a strategy prepared under any of the

following provisions of the Environment Act 2021—

(a)

section 104 (local nature recovery strategies);

(b)

section 109 (species conservation strategies);

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(c)

section 110 (protected site strategies);

“marine plan” has the meaning given in section 51(3) of the Marine and

Coastal Access Act 2009;

“marine policy statement” has the same meaning as in the Marine and

Coastal Access Act 2009 (see section 44 of that Act);

“relevant site network” means—

(a)

the national site network within the meaning of the Habitats

Regulations 2017 (see regulation 3 of those Regulations);

(b)

the national Ramsar site series within the meaning of the

Habitats Regulations 2017 (see regulation 3 of those

Regulations);

(c)

the network referred to in section 123(2) of the Marine and

Coastal Access Act 2009 (marine protected area network).

“the UK marine strategy” means the strategy developed under the Marine

Strategy Regulations 2010 (S.I. 2010/1627).

Duty of co-operation

(1)

A public authority in England must co-operate with Natural England and

give it such reasonable assistance as it requests in connection with the

preparation or implementation of an EDP.

(2)

The things that a public authority may be required to do under the duty in

subsection (1) include, in particular—

(a)

the provision of information to Natural England;

(b)

the imposition or variation of a condition of development;

(c)

assistance with the implementation of conservation measures.

(3)

A public authority must have regard to any guidance given by the Secretary

of State about how the duty in subsection (1) is to be complied with.

(4)

Subsection (1) does not apply to—

(a)

a court or tribunal,

(b)

either House of Parliament, or

(c)

a person exercising a parliamentary function.

(5)

The duty in subsection (1) does not operate to require a disclosure or use of

information that would contravene the data protection legislation (but in

determining whether a disclosure or use would do so, the duty is to be taken

into account).

(6)

In this section “data protection legislation” has the same meaning as in the

Data Protection Act 2018 (see section 3 of that Act).

Amendments relating to this Part

(1)

In Schedule 6 —

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(a)

Part 1 amends the Habitats Regulations 2017 to provide that, for certain

purposes, Ramsar sites are treated in the same way as European sites;

(b)

Part 2 makes amendments related to, or consequential on, provision

made by this Part.

(2)

The Secretary of State may by regulations make amendments (including

amendments to an Act or to assimilated law) that are consequential on this

Part.

Regulations

(1)

Regulations under this Part are to be made by statutory instrument.

(2)

A statutory instrument containing—

(a)

nature restoration levy regulations,

(b)

regulations under section 86 (power to designate person to exercise

functions of Natural England), or

(c)

regulations under section 90 (2) (consequential amendments) which

amend an Act,

may not be made unless a draft of the instrument has been laid before and

approved by a resolution of each House of Parliament.

(3)

Any other statutory instrument containing regulations under this Part is

subject to annulment in pursuance of a resolution of either House of

Parliament.

(4)

Regulations under this Part—

(a)

may make different provision for different purposes or areas;

(b)

may make transitional, transitory or saving provision;

(c)

may make incidental, supplementary or consequential provision.

Application to the Crown

(1)

This Part binds the Crown, subject as follows.

(2)

Regulations under this Part may (but need not) make provision binding the

Crown; but—

(a)

no contravention of any provision of regulations under this Part is to

make the Crown criminally liable;

(b)

regulations under this Part may not confer a power of entry over

Crown land unless the regulations require a person who may exercise

such a power to obtain the permission of the appropriate authority

before the power is exercised.

(3)

Before implementing a conservation measure under an EDP that is to be taken

on or may otherwise affect Crown land, Natural England must obtain the

permission of the appropriate authority.

(4)

The power conferred by section 77 applies in relation to Crown land, but

only if the person seeking entry to the land has the permission of—

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(a)

a person appearing to the person seeking entry to be entitled to give

it, or

(b)

the appropriate authority.

(5)

The power conferred by section 82 (1) applies in relation to Crown land, but,

except where subsection (6) applies, only if the person seeking entry to the

land has the permission of—

(a)

a person appearing to the person seeking entry to be entitled to give

it, or

(b)

the appropriate authority.

(6)

This subsection applies if—

(a)

the person seeking to exercise that power is a person authorised by

the Secretary of State, and

(b)

the appropriate authority is a government department or the Secretary

of State.

(7)

If the appropriate authority is the occupier of the land, section 77 (3) (notice

requirement) does not apply in relation to the exercise of the power conferred

by section 77 or 82 (1) .

(8)

The following provisions do not apply in relation to anything done by virtue

of subsection (4) or (5) —

(a)

section 79 (7) to (10) (further provision about powers of entry);

(b)

section 81 (offences).

(9)

Sections 83 and 84 (powers to acquire land compulsorily) do not apply in

relation to Crown land.

(10)

In this section, “Crown land” and “the appropriate authority” have the same

meanings as in Part 13 of the Town and Country Planning Act 1990 (see

section 293 of that Act).

Interpretation

In this Part —

“condition of development” means—

(a)

a condition, limitation or other restriction that may be imposed

on a grant of planning permission under Part 3 of the Town

and Country Planning Act 1990 ,

(b)

a requirement that may be included in an order granting

development consent under the Planning Act 2008 (see section

120(1) and (2) of that Act),

(c)

a condition that may be attached to the grant of listed building

consent under the Planning (Listed Buildings and Conservation

Areas) Act 1990 ,

(d)

a condition that may be attached to a marine licence under

section 71(1)(b) of the Marine and Coastal Access Act 2009, or

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(e)

a condition that may be attached to a harbour revision order

under section 14 of the Harbours Act 1964 or a harbour

empowerment order under section 16 of that Act;

“conservation measure” has the meaning given in section 55 (3) ;

“development” has the same meaning as in the Town and Country

Planning Act 1990 (see section 55 of that Act), but also includes—

(a)

development within the meaning of the Planning Act 2008 (see

section 32 of that Act),

(b)

works required to be authorised under section 8 of the Planning

(Listed Buildings and Conservation Areas) Act 1990 , and

(c)

licensable marine activities, within the meaning of Part 4 of

the Marine and Coastal Access Act 2009 (see section 66 of that

Act);

“development area” has the meaning given in section 54 (1) ;

“EDP” means an environmental delivery plan;

“EDP start date” and “EDP end date” have the meanings given in section

54 (7) ;

“environmental delivery plan” has the meaning given in section 53 (1) ;

“environmental impact” has the meaning given in section 55 (1) ;

“European site” has the same meaning as in the Habitats Regulations

2017 (see regulation 8);

“the Habitats Regulations 2017” means the Conservation of Habitats and

Species Regulations 2017 (S.I. 2017/1012);

“identified environmental feature” means an environmental feature

identified in an EDP in accordance with section 55 (1) ;

“local planning authority” has the same meaning as in the Town and

Country Planning Act 1990 (see Part 1 of that Act);

“marine conservation zone” means an area designated as such under

section 116 of the Marine and Coastal Access Act 2009;

“nature restoration levy regulations” has the meaning given in section

67 ;

“overall improvement test” means the test set out in section 59 (4) ;

“protected site” means—

(a)

a European site,

(b)

an SSSI,

(c)

a Ramsar site, or

(d)

a marine conservation zone,

and “protected feature”, in relation to a protected site, means any

habitat or species, or assemblage of habitats or species, or any feature

of geological, geomorphological or physiographical interest by reason

of which the site is a protected site;

“protected species” means a species of animal or plant that is—

(a)

listed in Schedule 2 , 4 or 5 of the Habitats Regulations 2017

, or

(b)

protected by—

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(i)

Part 1 of the Wildlife and Countryside Act 1981 , or

(ii)

the Protection of Badgers Act 1992 ;

“public authority” means a person who exercises functions of a public

nature;

“Ramsar Convention” means the Convention on Wetlands of International

Importance especially as Waterfowl Habitat signed at Ramsar on 2

February 1971, as amended by—

(a)

the Protocol known as the Paris Protocol done at Paris on 3

December 1982, and

(b)

the amendments known as the Regina Amendments adopted

at the Extraordinary Conference of the Contracting Parties held

at Regina, Saskatchewan, Canada, between 28 May and 3 June

1987;

but if that Convention is further amended after the passing of this

Act, the references to the Ramsar Convention in this Part are to be

taken after the entry into force of the further amendments as referring

to that Convention as further amended (and the reference to paragraph

1 of article 2 is, if necessary, to be taken as referring to the appropriate

successor provision);

“Ramsar site” means a site that has been designated under paragraph 1

of article 2 of the Ramsar Convention for inclusion in the list of

wetlands of international importance referred to in that article ;

“SSSI” means a site of special scientific interest within the meaning of

Part 2 of the Wildlife and Countryside Act 1981 ;

“working day” means any day other than—

(a)

Saturday or Sunday,

(b)

Christmas Day or Good Friday, or

(c)

a day which is a bank holiday in England and Wales under

the Banking and Financial Dealings Act 1971.

Part 4

Development corporations

Areas for development and remit

(1)

The New Towns Act 1981 is amended as set out in subsections (2) and (3) .

(2)

In section 1 (designation of areas), for subsection (3) substitute—

“(3)

An order under this section—

(a)

may include in the area designated as the site of the proposed

new town any existing town or other centre of population;

(b)

may, in relation to a proposed new town in England—

(i)

designate separate parcels of land as the area for the

site of the proposed new town;

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(ii)

designate an area of land which is adjacent to an

existing town or other centre of population so that the

area is developed as an urban extension rather than as

a wholly new town;

and references in this Act to a new town or proposed new town are

to be construed accordingly.”

(3)

In section 3 (establishment of development corporations for new towns), after

subsection (1) insert—

“(1A)

A single development corporation may be established for the purposes

of the development of more than one new town in England if the

Secretary of State considers that having a single development

corporation would facilitate efficient development.”

(4)

The Local Government, Planning and Land Act 1980 is amended as set out

in subsections (5) and (6) .

(5)

In section 134 (urban development areas), after subsection (1B) (as inserted

by section 171(2) of the Levelling-up and Regeneration Act 2023) insert—

“(1C)

An area of land designated as an urban development area in England

must include, but need not wholly consist of, an area in an existing

town or centre of population.”

(6)

In section 171 (interpretation of Part 16)—

(a)

the existing text becomes subsection (1);

(b)

after that subsection insert—

“(2)

In this Part as it applies in relation to England, references to

the regeneration of an area are to be read as references to the

regeneration or development of the area.”

(7)

In section 201 of the Localism Act 2011 (objects and powers of Mayoral

development corporations), in subsection (1) after “regeneration” insert “or

development”.

Relationship between different types of development corporation

(1)

The New Towns Act 1981 is amended as set out in subsections (2) to (5) .

(2)

In section 1 (designation of areas), after subsection (3) insert—

“(3ZA)

An order under this section may designate an area of land that includes

any area (the “overlap area”) that is, or forms part of, an area that has

already been designated (the “previously designated area”) under—

(a)

section 1ZB(2) (designation of locally-led new town in England),

(b)

section 134(1B) of the Local Government, Planning and Land

Act 1980 (designation of locally-led urban development area),

(c)

section 197 of the Localism Act 2011 (designation of Mayoral

development area).

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(3ZB)

On the coming into force of an order that makes provision as

mentioned in subsection (3ZA), the overlap area no longer forms part

of the previously designated area.

(3ZC)

Where the Secretary of State makes an order that contains provision

as mentioned in subsection (3ZA), the Secretary of State may also

make regulations—

(a)

amending any order relating to the previously designated area

to show the new boundaries of the area, which may reflect not

only the removal of the overlap area but also any other changes

that are necessary or appropriate in consequence of its removal;

(b)

providing for the transfer of functions relating to the overlap

area to the development corporation established for the

purposes of the new town;

(c)

where the overlap area completely covers the previously

designated area, providing for the dissolution of the

development corporation for the previously designated area;

(d)

making consequential, incidental, supplementary, transitional

or saving provision.

(3ZD)

The Secretary of State may, in connection with regulations under

subsection (3ZC), make one or more schemes for the transfer of

property, rights and liabilities relating to the overlap area to the

development corporation established for the purposes of the new town

(see also section 9B (transfer schemes: general provisions)).”

(3)

In section 1ZA (local authority proposal for designation of locally-led new

town in England, as inserted by section 172(2) of the Levelling-up and

Regeneration Act 2023), after subsection (1) insert—

“(1A)

A proposal area must not include any area of land that is, or forms

part of, an area that is designated under—

(a)

section 1 (designation of new town area by Secretary of State),

(b)

section 134(1) of the Local Government, Planning and Land

Act 1980 (designation of urban development area by Secretary

of State), or

(c)

section 197 of the Localism Act 2011 (designation of Mayoral

development area).

(See also section 1(3ZB) and (3ZC), section 197(2B) and (2C) of the

Localism Act 2011 and section 134(1E) and (1F) of the Local

Government, Planning and Land Act 1980.)”

(4)

In section 1ZB (designation of locally-led new town in England, as inserted

by section 172(2) of the Levelling-up and Regeneration Act 2023), in subsection

(2)—

(a)

for “may” substitute “must”;

(b)

omit from “if” to the end.

(5)

In section 77 (regulations and orders)—

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(a)

in subsection (2A), after “section” insert “1(3ZC) or”;

(b)

in subsection (3C), after “order” insert “or regulations”.

(6)

The Localism Act 2011 is amended as set out in subsections (7) to (9) .

(7)

In section 197 (designation of Mayoral development areas)—

(a)

in subsection (1), for “any” substitute “an”;

(b)

after subsection (2) insert—

“(2A)

An area of land designated under subsection (1)—

(a)

may include any area (the “overlap area”) that is, or

forms part of, an area of land that has already been

designated (the “previously designated area”) under—

(i)

section 1ZB(2) of the New Towns Act 1981

(designation of locally-led new town in England),

(ii)

section 134(1B) of the Local Government,

Planning and Land Act 1980 (designation of

locally-led urban development area);

(b)

may not include any area that is, or forms part of, an

area that is designated under—

(i)

section 1 of the New Towns Act 1981

(designation of new town area by Secretary of

State), or

(ii)

section 134(1) of the Local Government, Planning

and Land Act 1980 (designation of urban

development area by Secretary of State).

(See also section 1(3ZB) and (3ZC) of the New Towns

Act 1981 and section 134(1E) and (1F) of the Local

Government, Planning and Land Act 1980.)

(2B)

Where the Mayor designates an area as mentioned in subsection

(2A)(a), the Secretary of State must make regulations providing

that the overlap area no longer forms part of the previously

designated area.

(2C)

The regulations may also—

(a)

amend any order relating to the previously designated

area to show the new boundaries of the area, which

may reflect not only the removal of the overlap area

but also any other changes that are necessary or

appropriate in consequence of its removal;

(b)

provide for the transfer of functions relating to the

overlap area to the development corporation established

for the purposes of the Mayoral development area;

(c)

where the overlap area completely covers the previously

designated area, provide for the dissolution of the

development corporation for the previously designated

area.

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(2D)

The Secretary of State may, in connection with regulations

under this section, make one or more schemes for the transfer

of property, rights and liabilities relating to the overlap area

to the development corporation established for the purposes

of the Mayoral development area (see also section 218 (transfer

schemes: general provisions)).”

(8)

In section 218 (transfer schemes: general provisions), in the definition of

“transfer scheme” in subsection (1), after “section” insert “197(2D),”.

(9)

In section 235 (orders and regulations)—

(a)

in subsection (7), after paragraph (j) insert—

“(ja)

regulations under section 197;”;

(b)

in subsection (14), after “52” insert “or regulations under section 197”.

(10)

The Local Government, Planning and Land Act 1980 is amended as set out

in subsections (11) to (13) .

(11)

In section 134 (urban development areas)—

(a)

in subsection (1B) (as inserted by section 171(2) of the Levelling-up

and Regeneration Act 2023)—

(i)

in the words before paragraph (a), for “may” substitute “must”;

(ii)

omit paragraph (b) (and the “and” immediately before it);

(b)

after subsection (1C) (inserted by section 94 ) insert—

“(1D)

An order under subsection (1) may designate any area of land

that includes an area (the “overlap area”) that is, or forms part

of, an area that has already been designated (the “previously

designated area”) under—

(a)

subsection (1B) (designation of locally-led urban

development area),

(b)

section 1ZB(2) of the New Towns Act 1981 (designation

of locally-led new town in England), or

(c)

section 197 of the Localism Act 2011 (designation of

Mayoral development area).

(1E)

On the coming into force of an order that makes provision as

mentioned in subsection (1D), the overlap area no longer forms

part of the previously designated area.

(1F)

Where the Secretary of State makes an order that contains

provision as mentioned in subsection (1D), the Secretary of

State may also by regulations made by statutory instrument—

(a)

amend any order relating to the previously designated

area to show the new boundaries of the area, which

may reflect not only the removal of the overlap area

but also any other changes that are necessary or

appropriate in consequence of its removal;

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(b)

provide for the transfer of functions relating to the

overlap area to the development corporation established

for the purposes of the urban development area;

(c)

where the overlap area completely covers the previously

designated area, provide for the dissolution of the

development corporation for the previously designated

area;

(d)

make consequential, incidental, supplementary,

transitional or saving provision.

(1G)

The Secretary of State may, in connection with regulations

under subsection (1F), make one or more schemes for the

transfer of property, rights and liabilities relating to the overlap

area to the development corporation established for the

purposes of the urban development area (see also section 140B

(transfer schemes: general provisions)).”;

(c)

in subsection (4), after “(1B)” insert “or regulations made by the

Secretary of State under subsection (1F)”;

(d)

in subsection (4A), after “(1B)” insert “or regulations made by the

Secretary of State under subsection (1F)”.

(12)

In section 134A (local authority proposal for designation of locally-led urban

development area in England, as inserted by section 171(3) of the Levelling-up

and Regeneration Act 2023), after subsection (1) insert—

“(1A)

A proposal area must not include any area of land that is, or forms

part of, an area that is designated under—

(a)

section 134(1) (designation of urban development area by

Secretary of State),

(b)

section 1 of the New Towns Act 1981 (designation of new town

area by Secretary of State), or

(c)

section 197 of the Localism Act 2011 (designation of Mayoral

development area).

(See also section 134(1E) and (1F), section 1(3ZB) and (3ZC) of the

New Towns Act 1981 and section 197(2B) and (2C) of the Localism

Act 2011.)”

(13)

In section 171 (interpretation), in the definition of “urban development area”,

after “it” insert “by virtue of subsection (1E) of that section or”.

Duties to have regard to sustainable development and climate change

(1)

In section 4 of the New Towns Act 1981 (objects and general powers of

development corporations), in subsection (1A) , for “the achievement of

sustainable development” substitute “—

“(a)

the achievement of sustainable development, and

(b)

the mitigation of, and adaptation to, climate change.”

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(2)

In section 136 of the Local Government, Planning and Land Act 1980 (objects

and general powers of urban development corporations), after subsection (1)

insert—

“(1A)

In pursuing that object, an urban development corporation that is

established for the purposes of regenerating or developing an urban

development area in England must aim to contribute to—

(a)

the achievement of sustainable development, and

(b)

the mitigation of, and adaptation to, climate change.

(1B)

For the purposes of subsection (1A) an urban development corporation

must (in particular) have regard to the desirability of good design.”

(3)

In section 201 of the Localism Act 2011 (objects and powers of Mayoral

development corporations), after subsection (1) insert—

“(1A)

In pursuing that object, an MDC must aim to contribute to—

(a)

the achievement of sustainable development, and

(b)

the mitigation of, and adaptation to, climate change.

(1B)

For the purposes of subsection (1A), an MDC must (in particular) have

regard to the desirability of good design.”

Powers in relation to infrastructure

(1)

The New Towns Act 1981 is amended as set out in subsections (2) to (5) .

(2)

In section 4 (objects and general powers of development corporations)—

(a)

after subsection (1B) insert—

“(1C)

To secure such laying out and development every development

corporation established for the purposes of a new town in

England has the power (subject to section 5)—

(a)

to acquire, hold, manage and dispose of land and other

property,

(b)

to carry out building and other operations,

(c)

to carry on any business or undertaking in or for the

purposes of the new town,

and generally to do anything necessary or expedient for the

purposes or incidental purposes of the new town. (See also

section 4A (powers in relation to infrastructure).)”;

(b)

in subsection (2) , in the words before paragraph (a) , after “corporation”

insert “established for the purposes of a new town in Wales”;

(c)

in subsection (3) —

(i)

in the words before paragraph (a), for “subsection (2)” substitute

“subsections (1C) and (2)”;

(ii)

in paragraph (a), for “that subsection” substitute “those

subsections”;

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(iii)

in paragraph (b), for “that subsection” substitute “those

subsections”;

(d)

in subsection (5)(b), after “subsection” insert “(1C) or”.

(3)

After section 4 insert—

“4A

Powers in relation to infrastructure: England

(1)

A development corporation established for the purposes of a new

town in England may, to secure the laying out and development

referred to in section 4(1), provide or facilitate the provision of

infrastructure.

(2)

In this section “provide” includes provide by way of acquisition,

construction, conversion, improvement or repair (and “provision” is

to be read in the same way).

(3)

In this section “infrastructure” means—

(a)

water, electricity, gas, telecommunications, sewerage or other

services, including heat networks,

(b)

roads or other transport facilities,

(c)

retail or other business facilities,

(d)

health, educational, employment or training facilities,

(e)

social, religious or recreational facilities,

(f)

cremation or burial facilities, and

(g)

community facilities not falling within paragraphs (a) to (f).

(4)

Section 4(5) applies in relation to subsection (1) as it applies in relation

to section 4(2).”

(4)

In section 5 (restriction on powers of development corporations), in subsection

(5) —

(a)

in paragraph (a), after “services” insert “or heat networks”;

(b)

in paragraph (b) , at the beginning insert “in the case of a development

corporation established for the purposes of a new town in Wales,”;

(c)

in the words after paragraph (b) , after “undertaking” insert “in Wales”.

(5)

In section 80(1) (defined terms), at the appropriate place insert—

““heat networks” has the meaning given by section 216 of the Energy Act

2023 ;”.

(6)

The Local Government, Planning and Land Act 1980 is amended as set out

in subsections (7) to (9) .

(7)

In section 136 (objects and general powers)—

(a)

after subsection (2) insert—

“(2A)

Subject to sections 137 and 138, for the purpose of achieving

the object an urban development corporation established for

the purposes of an urban development area in England may—

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(a)

acquire, hold, manage, reclaim and dispose of land and

other property;

(b)

carry out building and other operations;

(c)

carry on any business or undertaking for the purposes

of the object; and

(d)

generally do anything necessary or expedient for the

purposes of the object or for purposes incidental to

those purposes.

(See also section 136A (powers in relation to infrastructure).)

(2B)

But nothing in this Part authorises an urban development

corporation established for the purposes of an urban

development area in England to carry on any business or

undertaking for—

(a)

the supply of water, electricity or gas, or

(b)

the provision of sewerage services or heat networks.”;

(b)

in subsection (3) , in the words before paragraph (a) , after “corporation”

insert “established for the purposes of an urban development area in

Wales”;

(c)

in subsection (4) , for after “subsection” insert “(2A) or”;

(d)

in subsection (7) , for “subsection (3)” substitute “subsection (2A) or

(3)”.

(8)

After section 136 insert—

“136A

Powers in relation to infrastructure: England

(1)

An urban development corporation established for the purposes of an

urban development area in England may, for the purpose of achieving

the object in section 136(1), provide or facilitate the provision of

infrastructure.

(2)

In this section “provide” includes provide by way of acquisition,

construction, conversion, improvement or repair (and “provision” is

to be read in the same way).

(3)

In this section “infrastructure” means—

(a)

water, electricity, gas, telecommunications, sewerage or other

services, including heat networks,

(b)

roads or other transport facilities,

(c)

retail or other business facilities,

(d)

health, educational, employment or training facilities,

(e)

social, religious or recreational facilities,

(f)

cremation or burial facilities, and

(g)

community facilities not falling within paragraphs (a) to (f).

(4)

Section 136(7) applies in relation to subsection (1) as it applies in

relation to section 136(3).”

Page 133

(9)

In section 171 (interpretation), at the appropriate place insert—

““heat networks” has the meaning given by section 216 of the Energy Act

2023 ;”.

(10)

The Localism Act 2011 is amended as follows.

(11)

In section 205 (4) (powers of Mayoral development corporations in relation to

infrastructure), at the end of paragraph (a) insert “including heat networks

within the meaning of section 216 of the Energy Act 2023 ,”.

(12)

In section 212 (power of Mayoral development corporations to carry on

businesses or undertakings)—

(a)

after subsection (1) insert—

“(1A)

This section does not authorise an MDC to carry on a business

for—

(a)

the supply of water, electricity or gas, or

(b)

the provision of sewerage services or heat networks.”;

(b)

after subsection (6) insert—

“(7)

In this section “heat networks” has the meaning given by

section 216 of the Energy Act 2023 .”

Exercise of transport functions and transfer schemes

(1)

In the New Towns Act 1981, after section 9 insert—

“Transport functions relating to new towns in England

Exercise of transport functions

(1)

A relevant transport authority must—

(a)

have regard to any plans published or shared with the authority

by an English new town development corporation that may

be relevant to the exercise of the authority’s functions, and

(b)

co-operate with an English new town development corporation

in the development and implementation of the corporation’s

plans.

(2)

If the Secretary of State considers that a relevant transport authority

has failed to comply with the duty in subsection (1), the Secretary of

State may direct the authority to exercise its functions in such a way

as to comply with that duty.

(3)

If a relevant transport authority fails to comply with a direction under

subsection (2), the Secretary of State may by regulations provide for

any function of the transport authority that has an effect on the area

of the new town for which the development corporation was

established to be exercisable by the development corporation.

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(4)

Regulations under subsection (3) may make provision for the function

to be exercisable by the development corporation either generally or

subject to such conditions or limitations as may be specified in the

regulations.

(5)

Regulations under subsection (3) may make provision for the function

to be exercisable by the development corporation—

(a)

instead of by the relevant transport authority,

(b)

concurrently with the relevant transport authority, or

(c)

jointly with the relevant transport authority.

(6)

Regulations under subsection (3) may—

(a)

make different provision for different purposes;

(b)

include consequential, supplementary, incidental, transitional

or saving provision.

(7)

The Secretary of State may, in connection with regulations under

subsection (3), make one or more schemes for the transfer of property,

rights and liabilities between the corporation and the relevant transport

authority to which the regulations relate (see also section 9B (transfer

schemes: general provisions)).

(8)

In this section—

“English new town development corporation” means a new town

development corporation established for the purposes of a new

town in England;

“relevant transport authority” means any of the following for an

area in England—

(a)

a local transport authority within the meaning of Part

2 of the Transport Act 2000 (see section 108(4) of that

Act),

(b)

a local highway authority within the meaning of the

Highways Act 1980 (see section 329 of that Act), or

(c)

a local traffic authority within the meaning of the Road

Traffic Regulation Act 1984 (see section 121A(5) of that

Act).

“Transfer schemes: general

Transfer schemes under sections 1 and 9A: general provisions

(1)

In this section “transfer scheme” means a scheme under section 1(3ZD)

or 9A (7) .

(2)

The things that may be transferred under a transfer scheme include—

(a)

property, rights and liabilities that could not otherwise be

transferred, and

(b)

property acquired, and rights and liabilities arising, after the

making of the scheme.

Page 135

(3)

A transfer scheme may—

(a)

create rights, or impose liabilities, in relation to property or

rights transferred;

(b)

make provision about the continuing effect of things done by,

on behalf of or in relation to the transferor in respect of

anything transferred;

(c)

make provision about the continuation of things (including

legal proceedings) in the process of being done by, on behalf

of or in relation to the transferor in respect of anything

transferred;

(d)

make provision for references to the transferor in an instrument

or other document in respect of anything transferred to be

treated as references to the new regulator;

(e)

make provision for the shared ownership or use of property;

(f)

make provision which is the same as or similar to the TUPE

regulations;

(g)

make other consequential, supplementary, incidental or

transitional provision.

(4)

A transfer scheme may provide—

(a)

for modifications by agreement;

(b)

for modifications to have effect from the date when the original

scheme came into effect.

(5)

In subsection (3) (f) , “the TUPE regulations” means the Transfer of

Undertakings (Protection of Employment) Regulations 2006 (S.I.

2006/246).

(6)

For the purposes of this section—

(a)

references to rights and liabilities include rights and liabilities

relating to a contract of employment;

(b)

references to the transfer of property include the grant of a

lease.”

(2)

In the Local Government, Planning and Land Act 1980, after section 140

insert—

“Transport functions relating to urban development areas in England

140A

Exercise of transport functions

(1)

A relevant transport authority must—

(a)

have regard to any plans published or shared with the authority

by an English urban development corporation that may be

relevant to the exercise of the authority’s functions, and

(b)

co-operate with an English urban development corporation in

the development and implementation of the corporation’s plans.

Page 136

(2)

If the Secretary of State considers that a relevant transport authority

has failed to comply with the duty in subsection (1), the Secretary of

State may direct the authority to exercise its functions in such a way

as to comply with that duty.

(3)

If a relevant transport authority fails to comply with a direction under

subsection (2), the Secretary of State may by regulations provide for

any function of the transport authority that has an effect on the urban

development area for which the urban development corporation was

established to be exercisable by the development corporation.

(4)

Regulations under subsection (3) may make provision for the function

to be exercisable by the development corporation either generally or

subject to such conditions or limitations as may be specified in the

regulations.

(5)

Regulations under subsection (3) may make provision for the function

to be exercisable by the development corporation—

(a)

instead of by the relevant transport authority,

(b)

concurrently with the relevant transport authority, or

(c)

jointly with the relevant transport authority.

(6)

Regulations under subsection (3) —

(a)

are to be made by statutory instrument;

(b)

may make different provision for different purposes;

(c)

may include consequential, supplementary, incidental,

transitional or saving provision.

(7)

A statutory instrument containing regulations under this section is

subject to annulment in pursuance of a resolution of either House of

Parliament.

(8)

The Secretary of State may, in connection with regulations under

subsection (3), make one or more schemes for the transfer of property,

rights and liabilities between the corporation and the relevant transport

authority to which the regulations relate (see also section 140B (transfer

schemes: general provisions)).

(9)

In this section—

“English urban development corporation” means an urban

development corporation established for the purposes of an

urban development area in England;

“relevant transport authority” means any of the following for an

area in England—

(a)

a local transport authority within the meaning of Part

2 of the Transport Act 2000 (see section 108(4) of that

Act),

(b)

a local highway authority within the meaning of the

Highways Act 1980 (see section 329 of that Act), or

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(c)

a local traffic authority within the meaning of the Road

Traffic Regulation Act 1984 (see section 121A(5) of that

Act).

“Transfer schemes: general

140B

Transfer schemes under sections 134 and 140A: general provisions

(1)

In this section “transfer scheme” means a scheme under section 134(1G)

or 140A (8) .

(2)

The things that may be transferred under a transfer scheme include—

(a)

property, rights and liabilities that could not otherwise be

transferred, and

(b)

property acquired, and rights and liabilities arising, after the

making of the scheme.

(3)

A transfer scheme may—

(a)

create rights, or impose liabilities, in relation to property or

rights transferred;

(b)

make provision about the continuing effect of things done by,

on behalf of or in relation to the transferor in respect of

anything transferred;

(c)

make provision about the continuation of things (including

legal proceedings) in the process of being done by, on behalf

of or in relation to the transferor in respect of anything

transferred;

(d)

make provision for references to the transferor in an instrument

or other document in respect of anything transferred to be

treated as references to the new regulator;

(e)

make provision for the shared ownership or use of property;

(f)

make provision which is the same as or similar to the TUPE

regulations;

(g)

make other consequential, supplementary, incidental or

transitional provision.

(4)

A transfer scheme may provide—

(a)

for modifications by agreement;

(b)

for modifications to have effect from the date when the original

scheme came into effect.

(5)

In subsection (3) (f) , “the TUPE regulations” means the Transfer of

Undertakings (Protection of Employment) Regulations 2006 (S.I.

2006/246).

(6)

For the purposes of this section—

(a)

references to rights and liabilities include rights and liabilities

relating to a contract of employment;

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(b)

references to the transfer of property include the grant of a

lease.”

Part 5

Compulsory purchase

Electronic service etc

(1)

In section 6 of the Acquisition of Land Act 1981 (service of documents), at

the end insert—

“(5)

Any notice or other document required or authorised to be served on

a person under this Act may be served by sending it to an email

address or uploading it to a website at which the person has agreed

in writing to receive notices or documents for the purposes of the

compulsory purchase order to which the notice or document relates.

(6)

Any notice or other document required or authorised to be served

under this Act on—

(a)

an acquiring authority,

(b)

a confirming authority,

(c)

an inspector,

(d)

a local authority, or

(e)

a statutory undertaker,

may also be served electronically by a method mentioned in subsection

(7) .

(7)

The methods of electronic service are—

(a)

sending the notice or document to an appropriate email

address, or

(b)

uploading the notice or document to an appropriate website.

(8)

For the purposes of subsection (7) —

(a)

an email address or website is an appropriate one for the

service of notices or documents if the person being served

has—

(i)

provided the email address or details of the website to

the sender for the purposes of communicating with

them about land subject to the compulsory purchase

order or about the order itself, or

(ii)

published the fact that the email address or the website

may be used for those purposes;

(b)

an email address is also an appropriate one for the service of

notices or documents if the person being served has previously

used it for the purposes of communicating with the sender

about land subject to the compulsory purchase order or about

the order itself.

Page 139

(9)

A notice or other document sent electronically is, unless the contrary

is proved, to be treated as having been received on the working day

immediately following the day on which it was sent.

(10)

In this section—

“inspector” means a person appointed under section 14D;

“local authority” means a local authority within the meaning of

section 7(1) or section 17(4);

“statutory undertaker” includes the persons mentioned in section

16(3) and in the definition of statutory undertaker in section

17(4);

“working day” means a day other than a Saturday, a Sunday,

Christmas Day, Good Friday or a bank holiday under the

Banking and Financial Dealings Act 1971 in England and Wales.

(11)

This section does not apply to a communication required or authorised

to be sent under this Act to the High Court.”

(2)

In section 38 of the Land Compensation Act 1961 (service of notices), at the

end insert—

“(3)

Any communication required or authorised to be sent to a person

under this Act may be sent to an email address or uploaded to a

website at which the person has agreed in writing to receive

communications for the purposes of the claim for compensation.

(4)

Any communication required or authorised under this Act to be sent

to—

(a)

an acquiring authority,

(b)

a confirming authority, or

(c)

a local planning authority,

may also be sent electronically by a method mentioned in subsection

(5) .

(5)

The methods are—

(a)

sending the communication to an appropriate email address,

(b)

uploading the communication to an appropriate website.

(6)

For the purposes of subsection (5) —

(a)

an email address or website is an appropriate one if the person

to whom the communication is to be sent has—

(i)

provided the email address or details of the website to

the sender for the purposes of communicating with

them about the claim for compensation, or

(ii)

published the fact that the email address or the website

may be used for those purposes;

(b)

an email address is also an appropriate one if the person to

whom the communication is to be sent has previously used it

Page 140

for the purposes of communicating with the sender about the

claim for compensation.

(7)

A communication sent electronically is, unless the contrary is proved,

to be treated as having been received on the working day immediately

following the day on which it was sent.

(8)

In this section—

“confirming authority” has the same meaning as in Schedule 2A

(see paragraph 9 of that Schedule);

“working day” means a day other than a Saturday, a Sunday,

Christmas Day, Good Friday or a bank holiday under the

Banking and Financial Dealings Act 1971 in England and Wales.

(9)

This section does not apply to a communication required or authorised

to be sent under this Act to the Upper Tribunal.”

(3)

In Part 6 of the Land Compensation Act 1973 (supplementary provisions),

after section 84 insert—

“84A

Service of documents

(1)

Any communication required or authorised to be sent to a person

under this Act may be sent to an email address or uploaded to a

website at which the person has agreed in writing to receive

communications for the purposes of the claim for compensation.

(2)

Any communication required or authorised under this Act to be sent

to—

(a)

an acquiring authority, or

(b)

a responsible authority within the meaning of section 1,

may also be sent electronically by a method mentioned in subsection

(3) .

(3)

The methods are—

(a)

sending the communication to an appropriate email address,

(b)

uploading the communication to an appropriate website.

(4)

For the purposes of subsection (3) —

(a)

an email address or website is an appropriate one if the

authority has—

(i)

provided the email address or details of the website to

the sender for the purposes of communicating with

them about the claim for compensation, or

(ii)

published the fact that the email address or the website

may be used for those purposes;

(b)

an email address is also an appropriate one if the authority

has previously used it for the purposes of communicating with

the sender about the claim for compensation.

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(5)

A communication sent electronically is, unless the contrary is proved,

to be treated as having been received on the working day immediately

following the day on which it was sent.

(6)

In this section “working day” means a day other than a Saturday, a

Sunday, Christmas Day, Good Friday or a bank holiday under the

Banking and Financial Dealings Act 1971 in England and Wales.

(7)

This section does not apply to a communication required or authorised

to be sent under this Act to the Upper Tribunal.”

(4)

The amendments made by subsection (1) do not apply in relation to a

compulsory purchase order made under the Acquisition of Land Act 1981 in

a case where the first notice under—

(a)

section 11(1) of that Act (purchases by local and other authorities:

public notice), or

(b)

paragraph 2(1) of Schedule 1 to that Act (purchases by Ministers:

public notices),

was published before this section came into force.

(5)

The amendments made by subsection (1) do not apply in relation to a purchase

under the Compulsory Purchase Act 1965 in a case where the notice to treat

under section 5(1) of that Act relating to the purchase was given before this

section came into force (for the application of section 6 of the Acquisition of

Land Act 1981 to the service of notices under the Compulsory Purchase Act

1965, see section 30 of that Act).

100

Required content of newspaper notices

(1)

Part 2 of the Acquisition of Land Act 1981 (purchases by local and other

authorities) is amended as set out in subsections (2) and (3) .

(2)

In section 11 (obligation on acquiring authority to publish notice of compulsory

purchase order), after subsection (2) insert—

“(2ZA)

In the case of a notice under subsection (1)(a), the requirement in

subsection (2)(b) to describe the land may be met by briefly identifying

the land (by giving its postal address or otherwise).”

(3)

In section 15 (notices after confirmation of order)—

(a)

after subsection (4) insert—

“(4ZA)

In the case of a notice under subsection (3)(a), the requirement

in subsection (4)(a) to describe the land may be met by briefly

identifying the land (by giving its postal address or

otherwise).”;

(b)

at the end of subsection (4F)(b), insert “except that, in the case of a

fulfilment notice under subsection (4C)(b)(i), the requirement to annex

a description of the land (see subsection (4)(a)) may be met by briefly

identifying the land (by giving its postal address or otherwise).”

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(4)

Schedule 1 to that Act (purchases by Ministers) is amended as set out in

subsections (5) and (6) .

(5)

In paragraph 2 (obligation on Minister to publish notice of compulsory

purchase order), after sub-paragraph (2) insert—

“(2ZA)

In the case of a notice under sub-paragraph (1)(a), the requirement in

sub-paragraph (2)(b) to describe the land may be met by briefly

identifying the land (by giving its postal address or otherwise).”

(6)

In paragraph 6 (notices after confirmation order)—

(a)

after sub-paragraph (4) insert—

“(4ZA)

In the case of a notice under sub-paragraph (3)(a), the

requirement in sub-paragraph (4)(a) to describe the land may

be met by briefly identifying the land (by giving its postal

address or otherwise).”;

(b)

at the end of sub-paragraph (4D)(b), insert “except that, in the case of

a fulfilment notice under sub-paragraph (4C)(b)(i), the requirement to

annex a description of the land (see sub-paragraph (4)(a)) may be met

by briefly identifying the land (by giving its postal address or

otherwise).”

101

Confirmation by acquiring authority: orders with modifications

(1)

Section 14A of the Acquisition of Land Act 1981 (confirmation by acquiring

authority) is amended as follows.

(2)

In subsection (3)(c), for “without modification” substitute “—

“(i)

without modification, or

(ii)

with only such modifications as are specified by the

confirming authority in the notice.”

(3)

After subsection (4) insert—

“(4A)

A confirming authority may specify a modification only if—

(a)

it modifies the order so as to add an additional interest in land,

and the confirming authority is satisfied that the interest holder

consents to the proposed modification,

(b)

it modifies the order so as to remove an interest in any land

to which the order applies,

(c)

it modifies the order so as to remove part of an interest in any

land to which the order applies, and the confirming authority

is satisfied that the interest holder consents to the proposed

modification, or

(d)

it modifies the order in such a way that no interests in land

are affected.”

(4)

In subsection (5)—

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(a)

in paragraph (a), for “or” substitute “other than those specified in the

notice,”;

(b)

at the end insert “, or

“(c)

in a case where the notice specifies modifications, to

confirm the order without those modifications.”

(5)

After subsection (6) insert—

“(6A)

In a case where the acquiring authority has determined to confirm an

order with modifications, it must, at the same time as notifying the

confirming authority under subsection (6)—

(a)

provide the confirming authority with a copy of the order as

modified, and

(b)

certify that the only modifications are those specified by the

confirming authority.”

102

General vesting declarations: expedited procedure

(1)

The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as

follows.

(2)

In section 2(1) (interpretation and construction), after the definition of

“acquiring authority” insert—

““expedited procedure” means the procedure (available in respect of

unoccupied land etc or where there is no identifiable interest holder)

whereby a general vesting declaration may vest the land in the

acquiring authority less than three months from the date on which

the service of notices required by section 6 is completed (see section

4 (1ZA) (a) and sections 4A and 4B ),”.

(3)

In section 4 (execution of declaration)—

(a)

in subsection (1) omit from “(not” to the end;

(b)

after subsection (1) insert—

“(1ZA)

That period must be—

(a)

where the expedited procedure is available (see section

4A ), not less than six weeks from the date on which

the service of notices required by section 6 is completed;

(b)

otherwise not less than three months from that date.”

(4)

After section 4 insert—

“4A

Vesting date: expedited procedure

(1)

The expedited procedure is available in relation to a general vesting

declaration if—

(a)

the specified land is unoccupied,

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(b)

the acquiring authority considers that, by reason of disrepair,

neglect, contamination, or risk to health or safety, the specified

land is unfit for its ordinary use, and

(c)

Schedule A1 does not apply to the declaration.

(2)

The expedited procedure is also available in relation to a general

vesting declaration if the acquiring authority has been unable to

identify any person with an interest in the specified land.

(3)

Land is not to be regarded as occupied for the purposes of subsection

(1) (a) —

(a)

if it is occupied only by persons who do not have a right to

occupy it;

(b)

because of the presence of chattels on the land if the chattels

appear to the acquiring authority to be of no significant value.

(4)

The ordinary use of land is to be taken for the purposes of subsection

(1) (b) to be—

(a)

so far as the land comprises buildings or other features

designed or adapted for a particular use, that use, and

(b)

so far as the land does not comprise such buildings or features,

its most recent lawful use.

(5)

If the specified land includes one or more dwellings, the acquiring

authority may decide that it is unfit for its ordinary use only if it

considers that the dwelling, or each of those dwellings, is unfit for

human habitation within the meaning of the Landlord and Tenant Act

1985 (see section 10 of that Act).

(6)

In this section—

“dwelling” means a building or part of a building designed or

adapted for occupation as a separate dwelling;

“the specified land” means the land specified in the general

vesting declaration.

Expedited procedure: process

(1)

This section applies where the acquiring authority has executed a

general vesting declaration under the expedited procedure.

(2)

A person may, at any time before the end of the period of four weeks

beginning with the date on which the general vesting declaration is

executed, make representations to the acquiring authority that the

expedited procedure is not available in relation to the declaration.

(3)

The representations need not be in writing.

(4)

The acquiring authority must provide a written response to the

representations before the end of the period of seven days beginning

with the day on which it received them.

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(5)

If, at any time between the execution of the general vesting declaration

and the vesting date, the acquiring authority becomes aware of a

reason why the expedited procedure is not available (whether as a

result of representations or otherwise), the authority must amend the

general vesting declaration so that the period specified in it complies

with section 4 (1ZA) (b) (period of at least three months from service

of notices).

(6)

If the acquiring authority amends the general vesting declaration under

subsection (5) , it must serve notice of the amendment on—

(a)

every person who has made representations under subsection

(2) , and

(b)

every person who was served a notice about the declaration

under section 6.”

(5)

In section 6 (notices after execution of declaration), after subsection (1) insert—

“(1A)

In a case where the period specified in the declaration under section

4(1) is less than three months, the notice must also state—

(a)

that the acquiring authority considers that the expedited

procedure is available under section 4A (1) or (2) (as the case

may be);

(b)

the vesting date;

(c)

that any person who disagrees that the expedited procedure

is available may make representations to the acquiring authority

under section 4B (2) ;

(d)

that if, before the vesting date, the acquiring authority no longer

considers that the expedited procedure is available, the

authority will amend the general vesting declaration so that

the period specified in it complies with section 4 (1ZA) (b)

(period of at least three months from service of notices).”

103

General vesting declarations: advancement of vesting by agreement

(1)

The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as set

out in subsections (2) to (6) .

(2)

After section 8A insert—

“8B

Advancement of vesting by agreement

(1)

The acquiring authority may agree in writing with the owner of any

interest which is to vest in the authority under section 8 that the

interest is to vest on a date before the vesting date.

(2)

The agreed date may not be before the day after the last day on which

a person may bring proceedings for questioning the compulsory

purchase order.

(3)

If an agreement under subsection (1) is in force—

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(a)

section 7 (other than section 7(1)(c)) and section 8 operate in

relation to the interest as if the vesting date were the agreed

date;

(b)

an owner of an interest who is a party to the agreement may

not serve a counter-notice under paragraph 2 of Schedule A1

(counter-notice requiring purchase of additional land).

(4)

But if the interest subject to the agreement does not entitle the owner

to possession of the land concerned, subsection (3)(a) does not advance

the date on which the right to enter on and take possession of the

land arises under section 8.”

(3)

In section 7(1) (constructive notice to treat), in the words before paragraph

(a) for “section 8A” substitute “sections 8A and 8B ”.

(4)

In section 8(1) (vesting, and right to enter and take possession), in the words

before paragraph (a) after “8A” insert “, 8B ”.

(5)

In section 10 (acquiring authority’s liability on vesting of the land), for

subsection (1A) substitute—

“(1A)

Where by virtue of an agreement under section 8A or 8B different

interests in the land vest in the acquiring authority on different dates,

subsection (1) does not give rise to any liability in relation to an interest

until that interest becomes vested.”

(6)

In Schedule A1 (counter-notice requiring purchase of additional land), in

paragraph 2, at the end insert “(but this is subject to section 8B (3) (b) ).”

(7)

In section 5A of the Land Compensation Act 1961 (relevant valuation date),

in subsection (4A), in the words before paragraph (a)—

(a)

after “8A” insert “or 8B ”;

(b)

after “postponement” insert “or advancement”.

104

Adjustment of basic and occupier’s loss payments

(1)

Part 3 of the Land Compensation Act 1973 (provisions for benefit of persons

displaced from land) is amended as set out in subsections (2) to (4) .

(2)

In section 33A (basic loss payment)—

(a)

after subsection (1) insert—

“(1A)

In a case where the qualifying interest is in land in England,

a person to whom this section applies is entitled to payment

of whichever is the lower of the following amounts—

(a)

2.5% of the value of the interest;

(b)

£25,000.”;

(b)

in subsection (2) , at the beginning insert “In a case where the qualifying

interest is in land in Wales,”.

(3)

In section 33B (occupier’s loss payment: agricultural land)—

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(a)

after subsection (1) insert—

“(1A)

In a case where the qualifying interest is in land in England,

a person to whom this section applies is entitled to a payment

of whichever is the greatest of the following amounts—

(a)

7.5% of the value of the interest;

(b)

the land amount;

(c)

the buildings amount.

(1B)

But the maximum amount which may be paid to a person

under subsection (1A) in respect of an interest in land is

£75,000.”;

(b)

in subsection (2) , at the beginning insert “In a case where the qualifying

interest is in land in Wales,”;

(c)

in subsection (3) , for “this section” substitute “subsection (2)”;

(d)

after subsection (7) , insert—

“(7A)

In the case of land in England, the land amount is the greater

of £900 and the amount found in accordance with the following

Table—

Area of the land

Amount per hectare

Not exceeding 100

£300 per hectare or part of a hectare

hectares

Exceeding 100 hectares

(a)

£300 per hectare for the first

100 hectares;

(b)

£150 per hectare for the next

300 hectares or part of a

hectare.”;

(e)

in subsection (8) , at the beginning insert “In the case of land in Wales,”;

(f)

after subsection (8) , insert—

“(8A)

In the case of land in England, the buildings amount is £75 per

square metre (or part of a square metre) of the gross floor space

of any buildings on the land.”;

(g)

in subsection (9) , at the beginning insert “In the case of land in Wales”.

(4)

In section 33C (occupier’s loss payment: other land)—

(a)

after subsection (1) insert—

“(1A)

In a case where the qualifying interest is in land in England,

a person to whom this section applies is entitled to a payment

of whichever is the greatest of the following amounts—

(a)

7.5% of the value of the interest;

(b)

the land amount;

(c)

the buildings amount.

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(1B)

But the maximum amount which may be paid to a person

under subsection (1A) in respect of an interest in land is

£75,000.”;

(b)

in subsection (2) , at the beginning insert “In a case where the qualifying

interest is in land in Wales,”;

(c)

in subsection (3) , for “this section” substitute “subsection (2)”;

(d)

after subsection (7) , insert—

“(7A)

In the case of land in England, the land amount is the greater

of—

(a)

£7,500;

(b)

£7.50 per square metre (or part of a square metre) of

the area of the land.

(7B)

But if only part of land in which a person has an interest is

acquired, for the figure specified in subsection (7A) (a) there is

substituted £900.”;

(e)

in subsection (8) , at the beginning insert “In the case of land in Wales,”;

(f)

after subsection (9) , insert—

“(9A)

In the case of land in England, the buildings amount is £75 per

square metre (or part of a square metre) of the gross internal

floor space of any buildings on the land.”;

(g)

in subsection (10) —

(i)

at the beginning insert “In the case of land in Wales,”;

(ii)

after “gross” insert “internal”;

(h)

omit subsection (11) .

(5)

The amendments made by subsections (2) to (4) do not apply in relation to

a compulsory acquisition where any notice of the compulsory acquisition was

given before this section came into force.

(6)

For the purposes of subsection (5) , 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 ;

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(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.

(7)

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 .

105

Home loss payments: exclusions

(1)

Part 3 of the Land Compensation Act 1973 (provisions for benefit of persons

displaced from land) is amended as set out in subsections (2) to (5) .

(2)

In section 29(1) (right to home loss payment where person displaced from

dwelling), in the words after paragraph (f), for “section 32” substitute “sections

32 and 32A”.

(3)

After section 32 insert—

“32A

Home loss payments: exclusions

(1)

This section applies to a person if—

(a)

the person is displaced from a dwelling on land as mentioned

in section 29(1)(a) (displacement in consequence of a

compulsory acquisition),

(b)

a notice falling within subsection (4) has been served on the

person in relation to the land,

(c)

at the relevant time the notice has effect or is operative, and

(d)

the person has failed to comply with any requirement of the

notice.

(2)

This section also applies to a person if—

(a)

the person is displaced from a dwelling on land as mentioned

in section 29(1)(a) (displacement in consequence of a

compulsory acquisition),

(b)

a copy of an order falling within subsection (5) has been served

on the person in relation to the land, and

(c)

the order has not been quashed on appeal.

(3)

No payment may be made under section 29 to a person to whom this

section applies.

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(4)

These are the notices—

(a)

a notice under section 215 of the Town and Country Planning

Act 1990 (power to require proper maintenance of land);

(b)

a notice under section 11 of the Housing Act 2004

(improvement notice relating to category 1 hazard);

(c)

a notice under section 12 of that Act (improvement notice

relating to category 2 hazard);

(d)

a notice under section 48 of the Planning (Listed Buildings and

Conservation Areas) Act 1990 or section 138 of the Historic

Environment (Wales) Act 2023 (asc 3) (repairs notice prior to

notice of compulsory acquisition of listed building).

(5)

These are the orders—

(a)

an order under section 20 of the Housing Act 2004 (prohibition

order relating to category 1 hazard);

(b)

an order under section 21 of that Act (prohibition order relating

to category 2 hazard);

(c)

an order under section 43 of that Act (emergency prohibition

orders);

(d)

an order under section 265 of the Housing Act 1985 (demolition

order relating to category 1 or 2 hazard).

(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

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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.

(7)

In subsection (6) , references to a compulsory acquisition are to the

compulsory acquisition in consequence of which the person is

displaced.

(8)

The appropriate national authority may by regulations amend

subsections (4) and (5) .

(9)

In this section—

“appropriate national authority” means—

(a)

the Secretary of State, in relation to England;

(b)

the Welsh Ministers, in relation to Wales;

“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 .

(10)

The power to make regulations under subsection (8) must be exercised

by statutory instrument subject to annulment in pursuance of a

resolution of—

(a)

either House of Parliament, in the case of regulations made by

the Secretary of State;

(b)

Senedd Cymru, in the case of regulations made by the Welsh

Ministers.”

(4)

In section 33 (home loss payments for certain caravan dwellers)—

(a)

in subsection (1), for “32” substitute “32A”;

(b)

in subsection (6), for “32” substitute “32A”.

(5)

In section 33D (loss payments: exclusions), for subsection (6) substitute—

“(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;

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(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)

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;

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

Page 153

(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 .

106

Temporary possession of land in connection with compulsory purchase

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.”

107

Amendments relating to

(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

Page 154

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))”.

108

New powers to appoint an inspector

(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.

Page 155

(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—

(a)

in a case where the compulsory purchase order relates

to land in England, the Secretary of State, and

(b)

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.

Page 156

(3)

After paragraph 1 insert—

“Power to appoint inspector

(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

109

Reporting on extra-territorial environmental outcomes

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”.

Page 157

110

The Crown

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

provisions amended bind the Crown.

111

Extent

(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 37 and 41 of Schedule 6 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 13 to 16 ;

(b)

section 18 (6) ;

(c)

section 20 (7) ;

(d)

section 45 ;

(e)

section 46 [subsections removed].

(5)

The following provisions extend to Scotland only—

(a)

section 24 ;

(b)

section 44 .

(6)

Section 110 , this section and sections 112 and 113 extend to England and

Wales, Scotland and Northern Ireland.

112

Commencement and transitional provision

(1)

In Part 1—

(a)

sections 1 to 8 come into force on such day as the Secretary of State

may by regulations appoint;

(b)

section 9 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(c)

sections 10 to 12 come into force on such day as the Secretary of State

may by regulations appoint;

(d)

sections 13 to 17 come into force on the day on which this Act is

passed;

(e)

in section 18 —

(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;

(f)

section 19 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

Page 158

comes into force on the day on which this Act is passed so far as it

confers power to make regulations;

(g)

section 20 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(h)

sections 21 and 22 come into force on the day on which this Act is

passed;

(i)

section 23 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;

(j)

section 24 comes into force on the day on which this Act is passed;

(k)

section 25 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(l)

section 26 comes into force on the day on which this Act is passed;

(m)

section 27 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(n)

section 28 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;

(o)

sections 29 and 30 come into force at the end of the period of two

months beginning with the day on which this Act is passed;

(p)

section 31 comes into force on such day as the Secretary of State may

by regulations appoint;

(q)

sections 32 and 33 come into force at the end of the period of two

months beginning with the day on which this Act is passed;

(r)

section 34 comes into force on such day as the Secretary of State may

by regulations appoint;

(s)

sections 35 to 37 come into force at the end of the period of two

months beginning with the day on which this Act is passed;

(t)

in section 38 —

(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;

(u)

sections 39 to 43 and Schedule 2 come into force at the end of the

period of two months beginning with the day on which this Act is

passed;

(v)

section 44 comes into force on the day on which this Act is passed;

(w)

section 45 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(x)

section 46 (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;

(y)

section 46 (2) and (3) come into force—

Page 159

(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 46 (4) );

(z)

section 47 comes into force on such day as the Secretary of State may

by regulations appoint.

(2)

In Part 2—

(a)

section 48 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 49 and 50 come into force at the end of the period of two

months beginning with the day on which this Act is passed;

(c)

in section 51 —

(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)

section 52 (1) , (2) and (3) and Schedule 3 come into force on such day

as the Secretary of State may by regulations appoint, except that section

52 (1) comes into force on the day on which this Act is passed so far

as it confers power to make regulations;

(e)

section 52 (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 4 , 5 and 6 ) comes into force on such day as the

Secretary of State may by regulations appoint.

(4)

Part 4 comes into force on such day as the Secretary of State may by

regulations appoint.

(5)

In Part 5—

(a)

section 99 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(b)

section 100 comes into force on such day as the Secretary of State may

by regulations appoint;

(c)

section 101 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(d)

sections 102 and 103 come into force on such day as the Secretary of

State may by regulations appoint;

Page 160

(e)

sections 104 and 105 come into force at the end of the period of two

months beginning with the day on which this Act is passed;

(f)

section 106 comes into force at the same time as section 18 of the

Neighbourhood Planning Act 2017;

(g)

in section 107 —

(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 108 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 109 comes into force at the end of the period of two months

beginning with the day on which this Act is passed;

(b)

sections 110 to 113 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.

113

Short title

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

Page 161

Schedules

Schedule 1

Section 23

Minor and consequential amendments to the

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

(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)”.

(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;”.

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

section 36 consent”.

(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,”;

Page 162

(c)

after paragraph (b) (but before the “and”) insert—

“(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.”

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.

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”;

(c)

in sub-paragraph (3) , after “applications” insert “that are made to

the Secretary of State”;

(d)

in the heading, after “Applications” insert “made to the Secretary

of State”.

(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”;

(c)

in the words after paragraph (b) —

(i)

for “Secretary of State” substitute “appropriate authority”;

(ii)

for “he” substitute “the appropriate authority”.

(1)

Paragraph 4 (public inquiries) is amended as follows.

Page 163

(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).

(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”;

(c)

in paragraph (b) , for “Secretary of State” substitute “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”.

(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”;

(c)

in paragraph (b) , omit “his”, in both places it occurs.

(3)

In sub-paragraph (2) —

(a)

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

“appropriate authority”;

Page 164

(b)

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

appropriate authority”.

(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 ”;

(c)

for “authority” substitute “planning authority”.

(4)

In sub-paragraph (8) —

(a)

for “Secretary of State” substitute “appropriate authority”;

(b)

for “authority” substitute “planning authority”;

(c)

for “he” substitute “the appropriate 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”.

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

“—

““appropriate authority” means—

(a)

in the case of an application made to the Secretary of State,

the Secretary of State;

(b)

in the case of an application made to the Scottish Ministers,

the Scottish Ministers;”.

Schedule 2

Section 41

Section 41 : consequential amendments

Ancient Monuments and Archaeological Areas Act 1979

(1)

The Ancient Monuments and Archaeological Areas Act 1979 is amended

as follows.

(2)

In section 2 (control of works affecting scheduled monuments)—

(a)

in subsection (1), omit “or by development consent”;

(b)

after subsection (1) insert—

“(1A)

Subsection (1) is subject to section 17 of the Transport and

Works Act 1992 (power to exclude requirement for other

consents for works authorised under that Act) and section

33(1) of the Planning Act 2008 (exclusion of requirement for

Page 165

other consents for development for which development

consent required).”

(3)

In section 28(2) (offence of damaging protected monument), in the second

sentence, for the words from “works for which” to the end substitute “—

“(a)

works for which scheduled monument consent has been

given under this Act (including any consent granted by order

under section 3),

(b)

works exempted from the need to obtain scheduled

monument consent by an order under section 1 or 3 of the

Transport and Works Act 1992 (see section 17 of that Act),

(c)

works for which development consent has been granted.”

(4)

In section 37(1A) (operations authorised by development consent not offence

under section 35), after “of” insert “—

“(a)

any operations exempted from the need to obtain scheduled

monument consent under this Act by an order under section

1 or 3 of the Transport and Works Act 1992 (see section 17

of that Act), or

(b)

Planning (Listed Buildings and Conservation Areas) Act 1990

(1)

The Planning (Listed Buildings and Conservation Areas) Act 1990 is

amended as follows.

(2)

In section 7(2) (requirement for listed building consent subject to section

33 of the Planning Act 2008), after “subject to” insert “section 17 of the

Transport and Works Act 1992 (power to exclude requirement for other

consents for works authorised under that Act) and”.

(3)

In section 59(3) (exception to offence of intentionally damaging listed

building), before paragraph (c) insert—

“(ba)

of works exempted from the need to obtain listed building

consent under this Act by an order under section 1 or 3 of

the Transport and Works Act 1992 (see section 17 of that

Act); or”

Planning Act 2008

In Schedule 2 to the Planning Act 2008 (amendments consequential on

development consent regime), omit paragraphs 17 and 18.

Page 166

Schedule 3

Section 52 (3)

Section

Town and Country Planning Act 1990

(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)

Page 167

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

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

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) );”.

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) );”.

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.”

Page 168

Levelling-up and Regeneration Act 2023

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

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),”.

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

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”.

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;

(c)

section 15LE(2)(a), (b) and (c);

(d)

in section 15LH(3)—

(i)

the definition of “joint spatial development strategy”;

(ii)

paragraph (c) of the definition of “spatial development

strategy”.

(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

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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

(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;”;

(c)

in paragraph (c), before sub-paragraph (ii) insert—

“(ia)

section 12P or 12Q of the 2004 Planning Act

(Secretary of State’s powers in relation to

spatial development strategy);”.

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(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

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 4

Section 66 (3)

Environmental delivery plans: effect on environmental obligations

Protected sites: assessments under

(1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with

section 55 (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

(1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with

section 55 (1) (a) is a protected feature of an SSSI, and

Page 171

(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),

(c)

section 28H of that Act (statutory undertakers etc: duty in relation

to carrying out operations),

(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

(1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with

section 55 (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 section 126 of the Marine and Coastal

Access Act 2009 (duties of public authorities in relation to certain decisions).

Protected species: licences under

(1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with

section 55 (1) (a) is a species listed in Schedule 2, 4 or 5 of 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) .

Page 172

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

(1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with

section 55 (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

(1)

Sub-paragraph (2) applies where—

(a)

badgers are identified in an EDP as an environmental feature in

accordance with section 55 (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 5

Section 83 (8)

Compulsory acquisition of land under Part 3: supplementary provisions

Application of Acquisition of Land Act 1981

(1)

The Acquisition of Land Act 1981 (“ALA 1981”) applies to the compulsory

acquisition of land under section 83 , 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 83 .

(1)

Schedule 3 to ALA 1981 applies to the acquisition of new rights under

section 83 , 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’

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land) does not apply to the acquisition of an interest in land by Natural

England acting under section 83 .

Extinguishment of private rights of way etc

(1)

Sub-paragraph (2) applies where Natural England completes the compulsory

acquisition of land under section 83 .

(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

(c)

any such apparatus vests in Natural England.

(3)

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

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.

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.

(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”).

(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.

Page 174

New rights: application of Compulsory Purchase Act 1965

(1)

The Compulsory Purchase Act 1965 (“CPA 1965”) applies to the compulsory

acquisition of new rights under section 83 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.

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

there were substituted—

“7

Measure of compensation in case of acquisition of new right

(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”.”

(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.

Page 175

(2)

Schedule 2A to CPA 1965 is to be read as if, for the words of that Schedule,

there were substituted—

Schedule 2A

Counter-notice requiring purchase of land

Introduction

(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).

In this Schedule “house” includes any park or garden belonging

to a house.

Counter-notice requiring purchase of land

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.

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.

Response to counter-notice

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.

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”).

If the authority decide to refer the counter-notice to the Upper

Tribunal they must do so within the decision period.

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.

If the authority serve notice of a decision to accept the

counter-notice, the compulsory purchase order and the notice to

Page 176

treat are to have effect as if they included the owner’s interest in

the house, building or factory.

Determination by Upper Tribunal

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.

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.

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.

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.

(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.”

(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),

Page 177

(b)

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

(c)

paragraph 2(3) of Schedule 2 (absent and untraced owners), and

(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.

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

83 ), 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.

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.

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

The Compulsory Purchase (Vesting Declarations) Act 1981 (“CP(VD)A

1981”) applies to the compulsory acquisition of new rights under section

83 —

(a)

with the modifications specified in paragraph 16 ; and

(b)

with such other modifications as may be necessary.

(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.

Page 178

(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 83 .

(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

(b)

as from the vesting date, the acquiring authority has power,

exercisable in the same circumstances and subject to the same

conditions, to enter land for the purpose of exercising that right as

if the circumstances mentioned in paragraph (a) and (b) of section

8(1) had arisen.

(5)

Section 9(2) (right of entry under section 8(1) not exercisable in respect of

land subject to certain tenancies unless notice has been served on occupiers

of the land) is to be read as requiring a notice served by the appropriate

authority under that provision to refer to the authority’s intention to enter

land specified in the notice in order to exercise the right.

(6)

In section 10(1) (acquiring authority’s liability on vesting of the land), the

reference to the acquiring authority’s taking possession of the land under

section 11 of CPA 1965 is to be read as a reference to the authority’s

exercising the power to enter the land under that provision as modified

by paragraph 12 of this Schedule.

(7)

Schedule A1 (counter-notice requiring purchase of land not in general

vesting declaration) is to be read as if—

(a)

in paragraph 1(1), for “part only of” there were substituted “only

the acquisition of a right over”;

(b)

paragraph 1(2) were omitted;

(c)

references to the land proposed to be acquired were (subject to

paragraph (e) below) to the right proposed to be acquired;

(d)

references to the additional land were to the house, building or

factory over which the right is proposed to be exercisable;

(e)

in paragraphs 14 and 15, references to the severance of land

proposed to be acquired were to the acquisition of the right; and

(f)

in paragraph 15, after “in addition to” there were inserted “or in

substitution for”.

New rights: compensation

(1)

The enactments relating to compensation for the compulsory purchase of

land apply—

(a)

with the modification specified in paragraph 18 , and

(b)

with such other modifications as are necessary,

in relation to the acquisition of new rights under section 83 as they apply

to compensation for the compulsory purchase of land.

(2)

Sub-paragraph (1) is without prejudice to the generality of paragraph 8 .

Page 179

Section 5A (relevant valuation date) of the Land Compensation Act 1961

is to be read as if for subsections (5A) and (5B) there were substituted—

“(5A)

If—

(a)

the acquiring authority enters on land for the purpose of

exercising a right in pursuance of a notice of entry under

section 11(1) of the Compulsory Purchase Act 1965 (as

modified by paragraph 12 of Schedule 5 to the Planning and

Infrastructure Act 2025),

(b)

the acquiring authority is subsequently required by a

determination under paragraph 13 of Schedule 2A to the

1965 Act (as substituted by paragraph 10 of Schedule 5 to

the Planning and Infrastructure Act 2025) to acquire an

interest in the land, and

(c)

the acquiring authority enters on and takes possession of

that land,

the authority is deemed for the purposes of subsection (3)(a) to have

entered on that land when it entered on that land for the purpose

of exercising that right.

(5B)

If—

(a)

a right over land is the subject of a general vesting

declaration,

(b)

by virtue of paragraph 11(2) or 16(2) of Schedule A1 to the

Compulsory Purchase (Vesting Declarations) Act 1981, the

declaration has effect as if it included an interest in the land,

and

(c)

the vesting date for the right is different from the vesting

date for the interest in the land,

the first of the vesting dates is deemed for the purposes of subsection

(4)(a) to be the vesting date for the whole of the land.”

Schedule 6

Section 90

Amendments relating to Part 3

Part 1

Ramsar sites: amendments to the Habitats Regulations 2017

The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)

are amended as follows.

In regulation 3 (interpretation), in paragraph (1)—

(a)

after the definition of “marine area” insert—

““the national Ramsar site series” means all the wetlands in the

United Kingdom that have been designated under paragraph

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1 of article 2 of the Ramsar Convention for inclusion in the

list of wetlands of international importance referred to in that

article;”;

(b)

after the definition of “priority species” insert—

““Ramsar Convention” means the Convention on Wetlands of

International Importance especially as Waterfowl Habitat

signed at Ramsar on 2 February 1971, as amended by—

(a)

the Protocol known as the Paris Protocol done at Paris

on 3 December 1982, and

(b)

the amendments known as the Regina Amendments

adopted at the Extraordinary Conference of the

Contracting Parties held at Regina, Saskatchewan,

Canada, between 28 May and 3 June 1987;

but if that Convention is further amended after the passing

of the Planning and Infrastructure Act 2025, the references to

the Ramsar Convention in these Regulations are to be taken

after the entry into force of the further amendments as

referring to that Convention as further amended (and the

reference to paragraph 1 of article 2 is, if necessary, to be taken

as referring to the appropriate successor provision);

“Ramsar site” means a site that has been designated under

paragraph 1 of article 2 of the Ramsar Convention for inclusion

in the list of wetlands of international importance referred to

in that article ;”.

In regulation 24 (assessment of implications for European sites)—

(a)

in paragraph (1)(a), after “European site” insert “, or on a Ramsar

site in England”;

(b)

in the heading, at the end insert “and Ramsar sites in England”.

In regulation 25 (sites of special scientific interest which become European

sites: duty to review)—

(a)

in paragraph (1), after “European site” insert “, or within a Ramsar

site in England”;

(b)

in the heading, after “European sites” insert “or Ramsar sites in

England”.

In the italic heading before regulation 63, after “European sites” insert “,

Ramsar sites in England”.

In regulation 63 (assessment of implications for European sites and European

offshore marine sites)—

(a)

in paragraph (1), after “European site” insert “, a Ramsar site in

England”;

(b)

in paragraph (5), after “European site” insert “, the Ramsar site”;

(c)

in the heading, after “European sites” insert “, Ramsar sites in

England”.

Page 181

In regulation 64 (considerations of overriding public interest), in paragraph

(1), after “European site” insert “, the Ramsar site”.

In regulation 65 (review of existing decisions and consents), in paragraph

(1), after “European site” insert “, a Ramsar site”.

In regulation 67 (co-ordination where more than one competent authority

involved)—

(a)

in paragraph (3)(a), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (3)(b), after “European site” insert “, a Ramsar site”.

In regulation 68—

(a)

the existing text becomes paragraph (1);

(b)

at the end insert—

“(2)

Where in accordance with regulation 64—

(a)

a plan or project is agreed to, notwithstanding a negative

assessment of the implications for a Ramsar site in England,

(b)

a decision, or a consent, permission or other authorisation,

is affirmed on review, notwithstanding such an assessment,

the appropriate authority must secure that any necessary

compensatory measures are taken to ensure that the overall

coherence of the national Ramsar site series is protected.”

In regulation 70 (grant of planning permission)—

(a)

in paragraph (2), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (3), after “European site” insert “, a Ramsar site”.

In regulation 72 (planning permission: consideration on review), in

paragraph (3), after “European site” insert “, a Ramsar site”.

In regulation 73 (planning permission: effect of orders made on review),

in paragraph (6), after “European site” insert “, a Ramsar site”.

In regulation 75 (general development orders), in paragraph (a), after

“European site” insert “, a Ramsar site in England”.

In regulation 77 (general development orders: approval of local planning

authority), in paragraph (6), after “European site” insert “, the Ramsar site”.

In regulation 79 (special development orders), in paragraph (4)(b), after

“European site” insert “, a Ramsar site”.

In regulation 80 (local development orders), in paragraph (4)(b), after

“European site” insert “, a Ramsar site”.

In regulation 81 (neighbourhood development orders), in paragraph (4)(b),

after “European site” insert “, a Ramsar site”.

In regulation 82 (simplified planning zones)—

(a)

in paragraph (2), after “European site” insert “or a Ramsar site in

England”;

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(b)

in paragraph (5)(b), after “European site” insert “, a Ramsar site”.

In regulation 83 (enterprise zones)—

(a)

in paragraph (2), after “European site” insert “or a Ramsar site in

England”;

(b)

in paragraph (5)(b), after “European site” insert “, a Ramsar site”.

In regulation 84 (grant of development consent), in paragraph (2), after

“European site” insert “, a Ramsar site”.

In regulation 85 (development consent: review), in paragraph (1)(a), after

“European site” insert “, a Ramsar site”.

In regulation 87 (construction or improvement of highways or roads), in

paragraph (2)(b), after “European site” insert “, a Ramsar site”.

In regulation 88 (cycle tracks and other ancillary works), in paragraph

(3)(a), after “European site” insert “or a Ramsar site in England”.

In regulation 89 (consents under Electricity Act 1989: application of

assessment and review provisions)—

(a)

in paragraph (2), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (6), after “European site” insert “, a Ramsar site”;

(c)

in paragraph (8), after “European site” insert “, a Ramsar site”.

In regulation 93 (authorisations under Pipe-lines Act 1962: application of

assessment and review provisions)—

(a)

in paragraph (2), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (3)(a)(ii), after “European site” insert “, a Ramsar site”;

(c)

in paragraph (4), after “European site” insert “, a Ramsar site”.

In regulation 97 (orders under Transport and Works Act 1992: application

of assessment and review provisions)—

(a)

in paragraph (2), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (3), after “European site” insert “, a Ramsar site”;

(c)

in paragraph (4), after “European site” insert “, a Ramsar site”.

In regulation 101 (environmental permits)—

(a)

in paragraph (2), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (4), after “European site” insert “, a Ramsar site”.

In regulation 102 (abstraction and works authorised under water

legislation)—

(a)

in paragraph (3), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (6), after “European site” insert “, a Ramsar site”.

In regulation 103 (marine works)—

(a)

in paragraph (2), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (4), after “European site” insert “, a Ramsar site”.

In regulation 104 (derogations in relation to nitrate pollution prevention

legislation), in paragraph (2), after “European site” insert “, a Ramsar site”.

Page 183

In regulation 105 (assessment of implications for European sites and

European offshore marine sites)—

(a)

in paragraph (1)(a), after “European site” insert “, a Ramsar site in

England”;

(b)

in paragraph (4), after “European site” insert “, the Ramsar site”;

(c)

in the heading, after “European sites” insert “, Ramsar sites”.

In regulation 106 (assessment of implications for European site:

neighbourhood development plans)—

(a)

in paragraph (3), after “European site” insert “or Ramsar site”;

(b)

in the heading, for “site” substitute “sites and Ramsar sites”.

In regulation 107 (considerations of overriding public interest), in paragraph

(1), after “European site” insert “, the Ramsar site”.

In regulation 108 (co-ordination for land use plan prepared by more than

one authority)—

(a)

in paragraph (3)(a), after “European site” insert “, a Ramsar site”;

(b)

in paragraph (3)(b), after “European site” insert “, a Ramsar site”.

In regulation 109 (compensatory measures)—

(a)

the existing text becomes paragraph (1);

(b)

at the end insert—

“(2)

Where in accordance with regulation 107 a land use plan is

given effect notwithstanding a negative assessment of the

implications for a Ramsar site, the appropriate authority must secure

that any necessary compensatory measures are taken to ensure that

the overall coherence of the national Ramsar site series is protected.”

Part 2

Minor and consequential amendments related to Part 3

Wildlife and Countryside Act 1981

(1)

Section 16 of the Wildlife and Countryside Act 1981 (power to grant

licences) is amended as follows (see also section 111 (2) (extent of this

paragraph is England and Wales only)).

(2)

After subsection (6) insert—

“(6A)

The maximum period for the validity of a licence set out in

subsection (6)(b) does not apply to—

(a)

a licence granted to Natural England to facilitate the carrying

out of any conservation measures within the meaning of

Part 3 of the Planning and Infrastructure Act 2025, or

(b)

a licence that, by virtue of paragraph 5 of Schedule 4 to that

Act, is treated as having been granted to a developer under

subsection (3).”

Page 184

(3)

After subsection (8) insert—

“(8ZA)

In this section, in the case of a licence granted to Natural England

under subsection (3) to facilitate the carrying out of any conservation

measures within the meaning of Part 3 of the Planning and

Infrastructure Act 2025, “the appropriate authority” means the

Secretary of State.”

(4)

In subsection (8A), at the end insert “, but this is subject to subsection

(8ZA).”

(5)

In subsection (9), in the words before paragraph (a), after “subsections”

insert “(8ZA),”.

Town and Country Planning Act 1990

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

In section 74A (deemed discharge of planning conditions), in subsection

(2A)—

(a)

after “to” insert “—

(a)

;

(b)

at the end insert “, or

“(b)

a condition that Natural England has requested under

Part 3 of the Planning and Infrastructure Act 2025

(see sections 55 (10) and 89 of that Act).”

In section 100ZA (restrictions on power to impose planning conditions in

England), in subsection (6), after “apply” insert “—

“(a)

in relation to a condition that Natural England has requested

under Part 3 of the Planning and Infrastructure Act 2025

(see sections 55 (10) and 89 of that Act), or

(b)

Protection of Badgers Act 1992

(1)

Section 10 of the Protection of Badgers Act 1992 (licences) is amended as

follows (see also section 111 (2) (extent of this paragraph is England and

Wales only)).

(2)

In subsection (1)—

(a)

in paragraph (d), for “to interfere with a badger sett” substitute “to

kill or take badgers in England, or to interfere with a badger sett,”;

(b)

after paragraph (f) insert—

“(fa)

in England, for the purpose of preserving public

health or safety or for reasons of overriding public

interest, to kill or take badgers, or to interfere with

a badger sett, within an area specified in the licence

by any means so specified.”

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(3)

After subsection (1) insert—

“(1A)

In the case of a licence granted to Natural England to facilitate the

carrying out of any conservation measures within the meaning of

Part 3 of the Planning and Infrastructure Act 2025, the reference in

subsection (1) to the appropriate conservation body is to be read as

a reference to the Secretary of State.”

(4)

In subsection (2)—

(a)

in paragraph (d), for “to interfere with a badger sett” substitute “to

kill or take badgers in England, or to interfere with a badger sett,”;

(b)

at the end insert—

“(e)

in England, for the purpose of preserving public

health or safety or for reasons of overriding public

interest, to kill or take badgers, or to interfere with

a badger sett, within an area specified in the licence

by any means so specified.”

(5)

After subsection (2) insert—

“(2A)

In the case of a licence that, by virtue of paragraph 6 of Schedule

4 to the Planning and Infrastructure Act 2025, is treated as having

been granted to a developer under subsection (2)(d) or (e), the

reference in subsection (2) to the appropriate Minister is to be read

as a reference to Natural England.”

(6)

In subsection (6), for “or (d)” substitute “, (d) or (e)”.

(7)

After subsection (8) insert—

“(8A)

A licence granted under this section in relation to an area in

England—

(a)

may be, to any degree, general or specific;

(b)

may be granted either to persons of a class or to a particular

person;

(c)

may be modified at any time by the authority by whom it

was granted;

(d)

is to be valid for the period specified in the licence.

(8B)

A fee may be charged for granting a licence in relation to an area

in England under this section.”

(8)

After subsection (9) insert—

“(9A)

Natural England or the Secretary of State must not grant a licence

under this section in relation to an area in England unless satisfied—

(a)

that there is no other satisfactory solution, and

(b)

that the grant of the licence is not detrimental to the survival

of any population of badgers.”

Page 186

Environmental Assessment of Plans and Programmes Regulations 2004

In the Environmental Assessment of Plans and Programmes Regulations

2004 (S.I. 2004/1633), in regulation 5 (environmental assessment for plans

and programmes: first formal preparatory act on or after 21st July 2004),

in paragraph (5) (plans in relation to which assessments are not required

under the regulations), after paragraph (a) insert—

“(aa)

an environmental delivery plan, within the meaning of Part 3 of

the Planning and Infrastructure Act 2025;”.

Conservation of Habitats and Species Regulations 2017

The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)

are amended as follows.

In regulation 9 (duties relating to compliance with the Directives)—

(a)

after paragraph (2) insert—

“(2A)

Paragraph (1) does not apply to functions exercisable under

or by virtue of Part 3 of the Planning and Infrastructure Act 2025

(development and nature recovery).”;

(b)

after paragraph (3) insert—

“(3A)

Paragraph (3) does not apply to functions exercised by a

competent authority in connection with an environmental delivery

plan within the meaning of Part 3 of the Planning and Infrastructure

Act 2025.”

In regulation 55 (licences for certain activities relating to animals or plants),

after paragraph (10) insert—

“(10A)

The maximum time period for a licence set out in paragraph (10)

does not apply to—

(a)

a licence granted to Natural England to facilitate the carrying out

of any conservation measures within the meaning of Part 3 of the

Planning and Infrastructure Act 2025, or

(b)

a licence that, by virtue of paragraph 4 of Schedule 4 to the

Planning and Infrastructure Act 2025, is treated as having been

granted to a developer under regulation 55.”

In regulation 58 (relevant licensing body)—

(a)

in paragraph (2), at the beginning insert “Subject to paragraph (2A),”;

(b)

after paragraph (2) insert—

“(2A)

In the case of a licence granted to Natural England under

regulation 55(1) for a purpose specified in any of paragraph (2)(a)

to (d) of that regulation, to facilitate the carrying out of any

conservation measures, “relevant licensing body” means the Secretary

of State.”;

Page 187

(c)

in paragraph (3), at the beginning insert “Subject to paragraph (4A),”;

(d)

after paragraph (4) insert—

“(4A)

In the case of a licence that, by virtue of paragraph 4 of

Schedule 4 to the Planning and Infrastructure Act 2025, is treated

as having been granted to a developer under regulation 55(1) for

any of the purposes specified in regulation 55(2)(e) to (g), “relevant

licensing body” means—

(a)

so far as the licence relates to the restricted English inshore

region, the Marine Management Organisation; and

(b)

otherwise, Natural England.”;

(e)

in paragraph (6), for “paragraph (2)” substitute “this regulation”;

(f)

at the end insert—

“(7)

In paragraph (2A), “conservation measure” has the same

meaning as in Part 3 of the Planning and Infrastructure Act 2025

(development and nature recovery).”

In regulation 62 (application of the provisions of Chapter 1 of Part 6), after

paragraph (1) insert—

“(1A)

But the requirements of the assessment provisions and the review

provisions do not apply in relation to an environmental delivery plan or

any conservation measures under it.

(1B)

In paragraph (1A), “environmental delivery plan” and “conservation

measures” have the same meaning as in Part 3 of the Planning and

Infrastructure Act 2025 (development and nature recovery).”

In regulation 63 (assessment of implications for European sites etc), in

paragraph (7), at the end insert—

“See also paragraph 1 of Schedule 4 to the Planning and Infrastructure Act

2025 (environmental delivery plans: effect on environmental obligations).”

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