Planning and Infrastructure Bill

A Bill to make provision about infrastructure; to make provision about town and country planning; to make provision for a scheme, administered by Natural England, for a nature restoration levy payable by developers; to make provision about development corporations; to make provision about the compulsory purchase of land; to make provision about environmental outcomes reports; and for connected purposes.

The information below was generated through an automated process and is for information purposes only.

This is not the latest version of the Bill

Available Versions

10 Nov 2025
Ping: Pong
Bill 328 2024-26 (Lords Amendments)
(120 amendments)
Date Debate
Thursday 13th November 2025 Consideration of Lords amendments
Thursday 13th November 2025 Programme motion (No. 3)
3 Nov 2025
Lords: Third
HL Bill 143 (as amended on Report)
(2 amendments)
17 Sep 2025
Lords: Report
HL Bill 134 (as amended in Committee)
(395 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
12 Jun 2025
Lords: Committee
HL Bill 110 (as brought from the Commons)
(701 amendments)
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
23 May 2025
Commons: Report
Bill 250 2024-25 (as amended in Public Bill Committee)
No digital version of this Bill was published by Parliament
Date Debate
Tuesday 10th June 2025 Report stage (day 2)
Monday 9th June 2025 Report stage (day 1)
11 Mar 2025
Commons: Committee
Bill 196 2024-25 (as introduced)
(285 amendments)
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

Relevant Documents

Bill PDF
HL Bill 143 (as amended on Report)
Latest Amendments
HL Bill 143-I Marshalled list for Third Reading
Explanatory Note
HL Bill 110 Explanatory Notes
Impact Assessment
Impact Assessment from the Ministry of Housing, Communities and Local Government

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Page 1

Part 1

 

Infrastructure

 

Chapter 1

 

Nationally significant infrastructure projects

 
1
National policy statements: review
5
 
(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
10
 
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
15
 
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—
5
 
“(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
10
 
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
15
 
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
20
 
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
25
 
(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.
30
 
(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
35
 
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
40

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
5
 
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
10
 
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);
15
 
“the relevant date” means the date on which section 6 (5A) comes
 
 
into force.”
 
2
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 [subsection removed].
20
 
(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
25
 
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 [subsection removed]), the
 
 
amendment being laid under section 9(2);
30
 
(b)
in any other case, the amendment being laid under
 
 
section 9(8).”
 
 
(3)
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
35
 
which this section comes into force.
 
3
Projects relating to water
 
 
(1)
Part 3 of the Planning Act 2008 (nationally significant infrastructure projects)
 
 
is amended as set out in subsections (2) to (4) .
 

Page 4

 
(2)
In section 27 (dams and reservoirs)—
 
 
(a)
in subsection (1)(b), after “by” insert “, or by a person appointed by,”;
 
 
(b)
in subsection (2)(b), after “by” insert “, or by a person appointed by,”;
 
 
(c)
after subsection (3) insert—
 
 
“(4)
In this section, references to “a person appointed by” a water
5
 
undertaker include a person whose bid is accepted by a water
 
 
undertaker under regulation 6(6) of the Water Industry
 
 
(Specified Infrastructure Projects) (English Undertakers)
 
 
Regulations 2013 (S.I. 2013/1582) and is designated as an
 
 
Infrastructure Provider under regulation 8 of those
10
 
Regulations.”
 
 
(3)
In section 28 (transfer of water resources)—
 
 
(a)
in subsection (1)(a), after “by” insert “, or by a person appointed by,”;
 
 
(b)
after subsection (2) insert—
 
 
“(3)
In this section, the reference to “a person appointed by” a water
15
 
undertaker includes a person whose bid is accepted by a water
 
 
undertaker under regulation 6(6) of the Water Industry
 
 
(Specified Infrastructure Projects) (English Undertakers)
 
 
Regulations 2013 (S.I. 2013/1582) and is designated as an
 
 
Infrastructure Provider under regulation 8 of those
20
 
Regulations.”
 
 
(4)
In section 28A (desalination plants)—
 
 
(a)
in subsection (1)(b), after “by” insert “, or by a person appointed by,”;
 
 
(b)
in subsection (2)(b), after “by” insert , or by a person appointed by,”;
 
 
(c)
after subsection (3) insert—
25
 
“(4)
In this section, references to “a person appointed by” a water
 
 
undertaker include a person whose bid is accepted by a water
 
 
undertaker under regulation 6(6) of the Water Industry
 
 
(Specified Infrastructure Projects) (English Undertakers)
 
 
Regulations 2013 (S.I. 2013/1582) and is designated as an
30
 
Infrastructure Provider under regulation 8 of those
 
 
Regulations.”
 
 
(5)
The amendments made by this section do not apply in relation to a project
 
 
where, before the day on which this section comes into force—
 
 
(a)
consent for the project was required, or otherwise provided for, by or
35
 
under an enactment other than section 31 of the Planning Act 2008
 
 
(requirement for development consent in relation to development that
 
 
is or forms part of a nationally significant infrastructure project), and
 
 
(b)
any steps provided for by or under the enactment in question, to
 
 
obtain that consent, had been taken.
40
 
(6)
In subsection (5) , “consent” means any consent, approval, permission,
 
 
authorisation, confirmation, direction or decision (however described, given
 
 
or made).
 

Page 5

 
(7)
Part 4 of the Planning Act 2008 (Requirement for development consent) is
 
 
amended as set out in subsection (8) .
 
 
(8)
In section 33 (Effect of requirement for development consent on other consent
 
 
regimes), after subsection (1), insert—
 
 
“(1A)
Paragraphs (f), (g), (i) and (j) of subsection (1) do not apply in relation
5
 
to projects falling within section 14(1)(m) (dams and reservoirs).”
 
4
Projects relating to water which require the demolition of villages
 
 
After section 35(4) (directions in relation to projects of national significance)
 
 
of the Planning Act 2008 insert—
 
 
“(4A)
Where a development falls within the definition in section 27 and
10
 
requires the demolition of more than 20 residential properties the
 
 
Secretary of State may not give a direction under subsection (1) unless
 
 
the persons who live at, or otherwise occupy, premises in the vicinity
 
 
of the land have been notified and given the opportunity to make
 
 
representations to the Secretary of State.
15
5
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—
20
 
“(2)
But see section 35B (power for the Secretary of State to give a
 
 
direction disapplying the requirement for development
 
 
consent).”
 
 
(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
25
 
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.
30
 
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,
35
 
(b)
no application for an order granting development consent for
 
 
the development has been made, and
 

Page 6

 
(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;
5
 
(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.
10
 
(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
15
 
(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
20
 
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
25
 
considers that it is appropriate for that alternative consenting
 
 
regime to apply in relation to the development, and
 
 
(e)
the request includes evidence showing that the alternative
 
 
consenting authority is aware of the intention to request a
 
 
direction specifying the development.
30
 
(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,
35
 
(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
40
 
82 (simplified planning zone schemes) of TCPA 1990 (as the
 
 
case may be), giving reasons for that view.
 

Page 7

 
(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.
5
 
(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
10
 
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) ;
15
 
“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;
20
 
“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
25
 
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).
 
35C
Directions under section
 
 
(1)
In this section “direction” means a direction under section 35B (1) .
30
 
(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
35
 
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
40
 
consenting regime—
 

Page 8

 
(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
5
 
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
10
 
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 —
15
 
“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—
20
 
(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
25
 
information to the Secretary of State for the purposes of such
 
 
decisions.
 
 
(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
30
 
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
35
 
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).”
40

Page 9

 
(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).
5
 
6
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));
10
 
(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).
15
7
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);
20
 
(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”).
25
 
(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—
30
 
(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.
35
 
(1B)
In any case where the proposed development would affect, or
 
 
would be likely to affect, any of the areas specified in
 

Page 10

 
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
5
 
(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
10
 
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.”;
15
 
(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—
20
 
(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;
25
 
(f)
a council constituted under section 2 of the Local
 
 
Government etc (Scotland) Act 1994;
 
 
(g)
a National Park authority;
 
 
(h)
the Broads Authority.
 
 
(5)
The areas referred to in subsection (1B) are—
30
 
(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;
35
 
(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
40
 
within a part of an exclusive economic zone or
 
 
Renewable Energy Zone in relation to which the Scottish
 
 
Ministers have functions.”;
 

Page 11

 
(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
5
 
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.”
10
 
(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
 
 
5.
15
 
(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”;
20
 
(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
25
 
of section 42(1)(b))” substitute “section 56A (local authorities
 
 
for purposes of sections 56(2)(b) and 60(2)(a))”;
 
 
(b)
in regulation 8(1), for “carrying out consultation under section 42 (duty
 
 
to consult)” substitute “publicising the proposed application under
 
 
section 48,”;
30
 
(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;
35
 
(ii)
section 134;
 
 
(iii)
section 135(8);
 
 
(iv)
paragraphs 8(2) and 9 of Schedule 13.
 

Page 12

8
Applications for development consent: acceptance stage
 
 
(1)
The Planning Act 2008 is amended as set out in subsections (2) to (8) .
 
 
(2)
Section 55 (acceptance of applications) is amended as set out in subsections
 
 
(3) to (7) .
 
 
(3)
In subsection (3)—
5
 
(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).
10
 
(4)
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),
15
 
(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),
20
 
(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).
25
 
(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).”
 
 
(5)
Omit subsection (5).
 
 
(6)
Omit subsection (5A).
30
 
(7)
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—
35
 
(a)
prepare a statement of the Secretary of State’s reasons for that
 
 
decision,
 
 
(b)
provide a copy of the statement to the applicant, and
 
 
(c)
publish the statement in such form and manner as the Secretary
 
 
of State thinks appropriate.”
40

Page 13

 
(8)
In section 118 (legal challenges relating to applications for orders granting
 
 
development consent), in subsection (3)(b), for “notifies the applicant as
 
 
required by subsection (7)” substitute “provides the copy of the statement of
 
 
reasons for the decision to the applicant as required by subsection (7)(b)”.
 
 
(9)
In consequence of the amendment in subsection (6) , omit section 137(4) of
5
 
the Localism Act 2011.
 
 
9
Applications for development consent: local impact reports and
 

representations

 
 
(1)
The Planning Act 2008 is amended as follows.
 
 
(2)
In section 60 (local impact reports), after subsection (5) insert—
10
 
“(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—
15
“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.
20
 
(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
25
 
in or as regards Scotland or Northern Ireland.”
 
10
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”.
30
 
(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
35
 
2008 is made on or after the date on which subsection (1) comes into force
 
 
(whenever the application was made or accepted).
 

Page 14

11
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”.
5
 
(3)
After section 96A (inserted by section 9 ) insert—
 
“96B
Costs
 
 
(1)
The Examining authority may make orders about—
 
 
(a)
the costs of any person who—
 
 
(i)
is an interested party in relation to the application, or
10
 
(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.”
15
12
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”.
20
 
(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
25
 
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).”
30
 
(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)”;
35
 
(b)
insert “and” at the end of paragraph (a);
 
 
(c)
in paragraph (b)—
 
 
(i)
for “any land which is occupied” substitute “the land”;
 

Page 15

 
(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—
5
 
“(4A)
Notice given in accordance with subsection (4)(b) must include
 
 
prescribed information.
 
 
(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—
10
 
(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.
15
 
(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
20
 
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
25
 
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)—
30
 
(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);
35
 
(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
 

Page 16

 
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)
5
 
Act 1963, and”.
 
 
(9)
In the Localism Act 2011—
 
 
(a)
omit section 136(4);
 
 
(b)
in paragraph 12 of Schedule 13—
 
 
(i)
in sub-paragraph (2), omit “and (2)”;
10
 
(ii)
omit sub-paragraph (3).
 
13
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) .
15
 
(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
20
 
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
25
 
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
30
 
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
35
 
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);
 

Page 17

 
(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,
5
 
(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.
 
14
Planning Act 2008: legal challenges
10
 
(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
15
 
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—
20
 
(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,
25
 
decide that the application is totally without merit.
 

Chapter 2

 

Electricity infrastructure

 

Connections to the electricity transmission and distribution systems

 
15
Connections to electricity network: licence and other modifications
30
 
(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
35
 
electricity licence;
 
 
(e)
an agreement entered into in pursuance of a document maintained as
 
 
mentioned in paragraph (d) ;
 

Page 18

 
(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).
5
 
(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) .
 
 
(5)
The power conferred by subsection (1) may not be exercised after the end of
10
 
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 16 to 18 as it applies in relation to functions
15
 
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 16 to 18 —
20
 
“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
25
 
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
30
 
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
35
 
Act 1989 (see section 4(4) of that Act).
 
16
Scope of modification power under
 
 
(1)
The power conferred by section 15 (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
40

Page 19

 
agreement); and references in section 15 , this section and section 17 to
 
 
modification are to be construed accordingly.
 
 
(2)
The power conferred by section 15 (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
5
 
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 15 (1) (a) or
10
 
(c) —
 
 
(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 15 (1) of part of a standard condition of an
15
 
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 15 (1) a relevant authority modifies the standard conditions
 
 
of an electricity licence of a particular type, the GEMA must make the same
20
 
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 15 (1) (b) may
 
 
in particular include provision about the circumstances in which the licence
 
 
may be revoked or suspended.
25
 
(7)
Provision included in an agreement by virtue of section 15 (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.
30
 
(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 15 of the Planning and Infrastructure Act
35
 
2025.”
 
17
Procedure relating to modifications under
 
 
(1)
Before making a modification under section 15 , a relevant authority must
 
 
consult—
 
 
(a)
the holder of any electricity licence proposed to be modified,
40

Page 20

 
(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
5
 
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 15 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
10
 
commercial interests of any person.
 
 
(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 .
 
18
Directions to modify connection agreements
15
 
(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
20
 
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).
25
 
(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
30
 
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.
35
 
(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.
 

Page 21

 
(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
5
 
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.
10
 
(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.
15
 
(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
20
 
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—
25
 
“(d)
section 18 (10) of the Planning and Infrastructure Act
 
 
2025 (duty to comply with direction under section 18
 
 
of that Act).”;
 
 
(b)
in paragraph 5 (distribution licence holders), after sub-paragraph (g)
 
 
insert—
30
 
“(h)
section 18 (10) of the Planning and Infrastructure Act
 
 
2025 (duty to comply with direction under section 18
 
 
of that Act).”
 

Page 22

19
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
5
 
(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.
10
 
(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
15
 
subsections (3) to (5) .
 
 
(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
20
 
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
25
 
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—
30
 
“(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
35
 
(c) , for “165” substitute “ 165A ”.
 

Page 23

Consents for electricity infrastructure in Scotland

 
20
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—
5
 
“Applications made to the Scottish Ministers for consent
 
 
1A
(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.
10
 
(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
15
 
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
 
 
(ii)
for anything done by them in relation to a proposed
20
 
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
25
 
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)—
30
 
(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—
35
 
“(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
40
 
as the “reporter”) to examine the application, and
 

Page 24

 
(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.”;
5
 
(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”.
10
 
(4)
After paragraph 2 insert—
 
 
“Procedure following objection by relevant planning authority: Scotland
 
 
2A
(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
15
 
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
20
 
(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;
25
 
(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
30
 
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
35
 
(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
40
 
proposals.
 

Page 25

 
(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
5
 
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
10
 
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
15
 
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),
20
 
(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
25
 
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
30
 
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
35
 
7B
(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—
40

Page 26

 
(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
5
 
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;
10
 
(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
15
 
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.
20
21
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
25
 
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;
30
 
(b)
fees;
 
 
(c)
publicity and consultation requirements;
 
 
(d)
rights to make representations;
 
 
(e)
public inquiries;
 
 
(f)
consideration of applications.
35
 
(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.
 

Page 27

 
(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;
5
 
(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);
10
 
“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
15
 
(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
20
 
(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—
25
 
(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
30
 
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
35
 
(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—
 

Page 28

 
(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,
5
 
or
 
 
(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.
10
 
(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;
15
 
(c)
rights to make representations.”
 
22
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) .
 
 
(2)
For subsection (3) substitute—
20
 
“(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);
25
 
(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”.
30
 
(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
35
 
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.
 

Page 29

23
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
 
 
6A
The Scottish Ministers may by regulations make provision about
5
 
the fees to be paid to the Scottish Ministers in relation to an
 
 
application made to them under paragraph 6(3).”
 
24
Regulations
 
 
(1)
Section 106 of the Electricity Act 1989 (regulations and orders) is amended
 
 
as follows.
10
 
(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))”.
15
 
(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 “—
20
 
“(a)
section 36C,
 
 
(b)
section 37A ,
 
 
(c)
section 37B ,
 
 
(d)
section 37C ,
 
 
(e)
paragraph 6A of Schedule 4, or
25
 
(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.
30
 
(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 ;
35
 
(c)
section 37C ;
 
 
(d)
paragraphs 1A , 2A and 7B of Schedule 8.”
 

Page 30

25

 
 
Schedule 1 makes—
 
 
(a)
amendments to the Electricity Act 1989 that are consequential on the
 
 
amendments made by sections 20 to 24 , and
 
 
(b)
other minor amendments relating to consents for electricity
5
 
infrastructure in Scotland (including amendments to reflect previous
 
 
transfers of functions to the Scottish Ministers).
 
26
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)
10
 
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
15
 
lines), or
 
 
(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
20
 
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;
25
 
(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
30
 
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;
35
 
(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);
40
 
(j)
provision about making additional information available for inspection;
 

Page 31

 
(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
5
 
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 20
 
 
of this Act).
 
 
(3)
The Secretary of State or the Scottish Ministers may by regulations amend
10
 
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—
15
 
(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
 
 
(ii)
direct that planning permission is deemed to be granted under
 
 
section 57(2) or (2ZA) of the Town and Country Planning
20
 
(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
25
 
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
30
 
regulations made under section 37A of the Electricity Act 1989 (inserted
 
 
by section 21 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;
35
 
(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
40
 
either House of Parliament.
 
 
(8)
Before making regulations under this section, the Secretary of State must
 
 
consult the Scottish Ministers.
 

Page 32

 
(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
5
 
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—
10
 
“additional information”
 
 
“the consultation bodies”
 
 
“developer”
 
 
“EIA development”
 
 
“EIA report”
15
 
“environmental impact assessment”
 
 
“environmental information”
 
 
“Schedule 2 development”
 
 
“scoping opinion”
 
 
“screening opinion”.
20
 
(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

25
27
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
30
 
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—
35
 
(a)
hold or intend to apply for a generation licence to operate a
 
 
long duration electricity storage installation, and
 

Page 33

 
(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
5
 
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
10
 
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;
15
 
“assessed revenue” , in relation to a long duration electricity
 
 
storage installation, means the difference between—
 
 
(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
20
 
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
25
 
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;
30
 
“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
35
 
(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
40
 
(b)
a condition of a licence;
 
 
“stored energy” has the meaning given by section 4(3ZB).
 

Page 34

 
(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;
5
 
(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

 
28
Benefits for homes near electricity transmission projects
10
 
(1)
The Electricity Act 1989 is amended as follows.
 
 
(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
15
 
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.
20
 
(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.
25
 
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;
30
 
(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
35
 
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;
 

Page 35

 
(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
5
 
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 );
10
 
(i)
make enforcement provision (see section 38C );
 
 
(j)
make information provision (see section 38D ).
 
 
(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—
15
 
(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 under this section may
20
 
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.
25
 
(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
30
 
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—
35
 
(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
40

Page 36

 
(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
5
 
be subject to the requirement referred to in subsection (2) (b) ,
 
 
(b)
requires intermediaries to supply information to end-users,
 
 
(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
10
 
(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
15
 
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,
20
 
(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
25
 
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
30
 
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
35
 
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).
40

Page 37

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—
5
 
(a)
identifying persons entitled to benefits under the scheme,
 
 
(b)
identifying qualifying premises or qualifying works,
 
 
(c)
checking whether requirements under, or resulting from, the
 
 
regulations are being or have been complied with,
 
 
(d)
checking payments made under the scheme,
10
 
(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
15
 
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
20
 
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
25
 
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.
30
 
(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
35
 
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).”
40

Page 38

 
(3)
In section 106 (regulations and orders under the Act), in subsection (2ZA)
 
 
(inserted by section 24 (3) ), after paragraph (a) insert—
 
 
“(b)
regulations under section 38A .”
 
 
(4)
In paragraph 6 of Schedule 6A (requirements enforceable against suppliers
 
 
under section 25), before sub-paragraph (a) insert—
5
 
“(za)
any provision of regulations under section 38A that is
 
 
designated in the regulations as a relevant provision for the
 
 
purposes of this paragraph;”.
 

Electricity transmission period

 
29
Electricity transmission systems: extension of commissioning period
10
 
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

15
30
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 Commissioners may—
 
 
(a)
use, or enter into arrangements in connection with the use of,
20
 
English 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, English forestry land;
25
 
(c)
use, or enter into arrangements in connection with the use of,
 
 
English 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
30
 
(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 English forestry land, and
35
 
(b)
is intended to benefit the natural environment of land.
 

Page 39

 
(3)
The exercise of the powers in subsection (1) for either of the following
 
 
purposes is to be taken to be consistent with the Commissioners’
 
 
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
5
 
41(2).
 
 
(4)
When the Commissioners are considering the exercise of those powers,
 
 
section 1(3A) applies as if it included a further paragraph referring to
 
 
those purposes.
 
 
(5)
In this section—
10
 
“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
15
 
infrastructure);
 
 
“English forestry land” means land placed at the disposal of the
 
 
Commissioners under this Act;
 
 
“natural environment” , in relation to land, includes—
 
 
(a)
its plants, animals and other living organisms,
20
 
(b)
their habitats, and
 
 
(c)
its geological features;
 
 
“renewable electricity” means electricity produced from sources
 
 
other than—
 
 
(a)
coal,
25
 
(b)
lignite,
 
 
(c)
peat,
 
 
(d)
natural gas, within the meaning of the Energy Act 1976,
 
 
(e)
crude liquid petroleum,
 
 
(f)
petroleum products, within the meaning of the Energy
30
 
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
35
 
(i)
nuclear fuel;
 
 
“renewable electricity development” means development the main
 
 
purpose of which is the generation, storage, transmission or
 
 
supply of renewable electricity.
 
 
(6)
References in this section to the storage of electricity are to the storage
40
 
of energy converted from electricity for the purpose of its reconversion
 
 
into electricity.
 

Page 40

 
3B
Section 3A : power to require Secretary of State’s consent in certain
 
 
cases
 
 
(1)
The Secretary of State may make regulations that, in a case within
 
 
subsection (2) , require the consent of the Secretary of State to an
 
 
exercise of the Commissioners’ powers under section 3A .
5
 
(2)
The cases are those where—
 
 
(a)
a proposed exercise of the powers is intended to enable the
 
 
construction on English forestry land of the whole or part of
 
 
a generating station (including an extension to an existing
 
 
station), and
10
 
(b)
the capacity threshold is exceeded.
 
 
(3)
In the case of the construction of a new generating station, the capacity
 
 
threshold is exceeded if it is expected that the generating capacity of
 
 
the station would equal or exceed the relevant wattage.
 
 
(4)
In the case of an extension to an existing station, the capacity threshold
15
 
is exceeded if it is expected that—
 
 
(a)
the extension would cause the generating capacity of the station
 
 
to equal or exceed the relevant wattage, or
 
 
(b)
the extension, whether alone or taken together with previous
 
 
non-consented extensions, would increase the generating
20
 
capacity of the station by at least the relevant wattage.
 
 
(5)
An extension is “non-consented” for the purposes of subsection (4) (b)
 
 
if—
 
 
(a)
it was enabled by an exercise of the Commissioners’ powers
 
 
under section 3A , and
25
 
(b)
that exercise of those powers did not have the consent of the
 
 
Secretary of State under regulations under subsection (1) .
 
 
(6)
But an extension ceases to be “non-consented” for those purposes if—
 
 
(a)
a subsequent extension to the station in question is constructed
 
 
having been enabled by an exercise of the Commissioners’
30
 
powers under section 3A , and
 
 
(b)
that exercise of those powers had the consent of the Secretary
 
 
of State under regulations under subsection (1) .
 
 
(7)
The relevant wattage is—
 
 
(a)
5 megawatts, if the station generates electricity from wind, and
35
 
(b)
50 megawatts, if it does not.
 
 
(8)
The Secretary of State may by regulations amend this section so as to
 
 
change the relevant wattage (including by adding or combining
 
 
categories of station in relation to which a particular wattage is
 
 
prescribed).
40
 
(9)
In calculating the relevant wattage there is to be disregarded—
 

Page 41

 
(a)
in the case of a generating station only partly situated on
 
 
English forestry land, any generating capacity that can be
 
 
attributed to parts not situated on English forestry land;
 
 
(b)
in the case of a generating station whose capacity is provided
 
 
in part by facilities for the storage of electricity and in part by
5
 
other means, the capacity provided by those facilities.
 
 
(10)
In this section—
 
 
“generating station” has the same meaning as in Part 1 of the
 
 
Electricity Act 1989 (see section 64(1));
 
 
“storage” is to be read in accordance with section 3A (6) .
10
3C
Regulations under section
 
 
(1)
Regulations under section 3B (1) may—
 
 
(a)
make provision about the process by which consent is to be
 
 
sought and given or refused;
 
 
(b)
provide for consent to be given subject to conditions.
15
 
(2)
Regulations under section 3B may—
 
 
(a)
make different provision for different purposes or areas;
 
 
(b)
include consequential, incidental, supplementary, transitional
 
 
or saving provision.
 
 
(3)
Regulations under section 3B are to be made by statutory instrument.
20
 
(4)
A statutory instrument containing (whether alone or with other
 
 
provision) regulations under section 3B (8) may not be made unless a
 
 
draft of the instrument has been laid before, and approved by a
 
 
resolution of, each House of Parliament.
 
 
(5)
A statutory instrument containing regulations under section 3B (1) (but
25
 
not regulations under section 3B (8) ) is subject to annulment in
 
 
pursuance of a resolution of either House of Parliament.”
 
31
Wind generating stations that may affect seismic array systems
 
 
(1)
The Secretary of State may make regulations about planning permissions or
 
 
consents relating to wind generating stations that may affect the functioning
30
 
of a relevant seismic array system.
 
 
(2)
A “relevant seismic array system” is a spatially distributed system of linked
 
 
seismometers, arranged so as to enhance the detection and characterisation
 
 
of seismic signals, that—
 
 
(a)
is used for defence purposes, and
35
 
(b)
is in use on the day on which this Act is passed.
 
 
(3)
The regulations may provide for—
 
 
(a)
an exclusion zone, and
 
 
(b)
a restricted zone,
 

Page 42

 
around a relevant seismic array system.
 
 
(4)
The regulations may—
 
 
(a)
require a planning decision-maker to refuse, or decline to determine
 
 
or accept, a planning application relating to a wind generating station
 
 
that is (or would be) situated in an exclusion zone;
5
 
(b)
provide that a relevant development order or MCA scheme may not
 
 
be made if it would grant planning permission for development
 
 
relating to a wind generating station that is (or would be) situated in
 
 
an exclusion zone;
 
 
(c)
allow the Secretary of State to direct that a relevant development order
10
 
or MCA scheme may not be made if it would grant such planning
 
 
permission.
 
 
(5)
The regulations may, in relation to a planning application relating to a wind
 
 
generating station that is (or would be) situated in a restricted zone—
 
 
(a)
require the applicant to provide specified information about the seismic
15
 
impact of the proposals (“seismic impact information”) to which their
 
 
application relates;
 
 
(b)
require the planning decision-maker to use the seismic impact
 
 
information in a specified way when determining the application
 
 
(including when determining conditions relating to a permission or
20
 
consent);
 
 
(c)
require the planning decision-maker to refuse, or decline to determine
 
 
or accept, the application in specified circumstances;
 
 
(d)
require the planning decision-maker to provide the Secretary of State
 
 
with the seismic impact information, and to seek the Secretary of
25
 
State’s views on the seismic impact of the proposals;
 
 
(e)
require the planning decision-maker to refuse, or decline to determine
 
 
or accept, the application if the Secretary of State objects to it on
 
 
grounds relating to the seismic impact of the proposals.
 
 
(6)
The regulations may—
30
 
(a)
require a person proposing to make a relevant development order or
 
 
MCA scheme to consult the Secretary of State if the order or scheme
 
 
would grant planning permission for development relating to a wind
 
 
generating station that is (or would be) situated in a restricted zone;
 
 
(b)
allow the Secretary of State to direct that a relevant development order
35
 
or MCA scheme may not be made if it would grant such planning
 
 
permission.
 
 
(7)
The regulations may include provision about the procedure for planning
 
 
applications to which they relate, such as—
 
 
(a)
provision enabling or requiring a planning decision-maker to decline
40
 
to determine or accept an application;
 
 
(b)
provision modifying the process for determining an application;
 
 
(c)
provision allowing the Secretary of State to give a direction to the
 
 
planning-decision maker about the procedure for an application;
 

Page 43

 
(d)
provision modifying or disapplying a right of appeal or review;
 
 
(e)
provision disapplying a duty imposed on a planning decision-maker
 
 
when determining an application.
 
 
(8)
The regulations may require a planning decision-maker to have regard to
 
 
guidance issued by the Secretary of State.
5
 
(9)
Regulations under this section may—
 
 
(a)
amend or repeal provision contained in an Act of Parliament or an
 
 
Act of the Scottish Parliament;
 
 
(b)
make different provision for different purposes or areas;
 
 
(c)
make provision binding the Crown;
10
 
(d)
make transitional, transitory or saving provision;
 
 
(e)
make incidental, supplementary or consequential provision.
 
 
(10)
Regulations under this section are to be made by statutory instrument.
 
 
(11)
A statutory instrument containing regulations under this section which amend
 
 
or repeal provision contained in an Act of Parliament or an Act of the Scottish
15
 
Parliament may not be made unless a draft of the instrument has been laid
 
 
before and approved by a resolution of each House of Parliament.
 
 
(12)
Any other statutory instrument containing regulations under this section is
 
 
subject to annulment in pursuance of a resolution of either House of
 
 
Parliament.
20
 
(13)
If a draft of a statutory instrument containing regulations under this section
 
 
would, apart from this subsection, be treated for the purposes of the standing
 
 
orders of either House of Parliament as a hybrid instrument, it is to proceed
 
 
in that House as if it were not such an instrument.
 
 
(14)
In this section—
25
 
“MCA scheme” means a masterplan consent area scheme made under
 
 
Part 3 of the Town and Country Planning (Scotland) Act 1997;
 
 
“planning application” means—
 
 
(a)
an application for planning permission under Part 3 or Part 13
 
 
of the Town and Country Planning Act 1990,
30
 
(b)
an application for planning permission under Part 3 or Part 12
 
 
of the Town and Country Planning (Scotland) Act 1997,
 
 
(c)
an application for an order granting development consent under
 
 
section 37 of the Planning Act 2008, or
 
 
(d)
an application under section 36 or 36C of the Electricity Act
35
 
1989 (consent for construction etc of generating station);
 
 
“planning decision-maker” means a person who determines a planning
 
 
application;
 
 
“relevant development order” means—
 
 
(a)
a local development order made under section 61A of the Town
40
 
and Country Planning Act 1990;
 

Page 44

 
(b)
a Mayoral development order made under section 61DA of
 
 
that Act;
 
 
(c)
a neighbourhood development order made under section 61E
 
 
of that Act;
 
 
(d)
a development order made under section 30 of the Town and
5
 
Country Planning (Scotland) Act 1997;
 
 
“wind generating station” means a generating station that generates
 
 
electricity from wind.
 

Chapter 3

 

Transport infrastructure

10

Amendments to the Highways Act 1980

 
32
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
15
 
(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
20
 
(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,
 
 
or
 
 
(b)
any other prescribed matter relating to any of those Parts.
25
 
(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;
30
 
(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;
 
 
(e)
about when a fee charged is payable;
 
 
(f)
about the recovery of fees charged;
35
 
(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
 

Page 45

 
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
5
 
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;
10
 
(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;
15
 
(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
20
 
(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.”
25
 
(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
30
 
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.
35
33
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)”.
40

Page 46

 
(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
5
 
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,
10
 
or
 
 
(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
15
 
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.
20
 
(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
25
 
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
30
 
(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).
 
 
(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
35
 
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
40
 
must publish, in the manner specified in paragraph 1, the notice
 

Page 47

 
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.”
5
34
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
10
 
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
15
 
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—
20
 
“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
25
 
(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
30
 
1 or (as the case may be) paragraph 5 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;
35
 
(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—
40

Page 48

 
(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) ,
5
 
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
10
 
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
15
 
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) .
20
 
(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
25
 
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.
30
 
(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.
35
 
(12)
In this paragraph—
 
 
“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
40
 
which could, by virtue of section 257(1), be taken
 
 
concurrently with any proceedings under this Schedule on
 
 
the proposed order.”
 

Page 49

 
(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) ”;
5
 
(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;
10
 
(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
15
 
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),
20
 
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
25
 
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
30
 
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
35
 
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
40
 
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
 

Page 50

 
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
5
 
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
10
 
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.
15
 
(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;
20
 
(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
25
 
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
30
 
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.”
 
35
Procedure for certain orders and schemes
35
 
(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)—
40
 
(i)
omit paragraph (b);
 

Page 51

 
(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,”;
5
 
(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—
10
 
“(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
15
 
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,
20
 
(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
25
 
(ii)
an explanation of where and how that documentation
 
 
can be inspected.”
 
36
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
30
 
“references to” insert “—
 
 
“(a)
the right to take temporary possession or occupation of land,
 
 
and
 
 
(b)
.
 

Page 52

Amendments to the Transport and Works Act 1992

 
37
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
5
 
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.
10
 
(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—
15
 
(a)
any departure from the guidance, and
 
 
(b)
any reasons given by the applicant for that departure.”
 
38
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).
20
 
(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);
25
 
(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
30
 
and Works Act 1992 has been published before this section comes into force.
 
39
Duty to hold inquiry or hearing
 
 
(1)
Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is
 
 
amended as follows.
 
 
(2)
In subsection (3) (duty to hold inquiry or hearing on request from objector),
35
 
for the words from “an objection” to “applies,” substitute “—
 
 
“(a)
an objection is made by a person within subsection (4),
 

Page 53

 
(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,”.
5
 
(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
10
 
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.
 
40
Costs of inquiries
 
 
(1)
Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is
15
 
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
20
 
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
25
 
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.”
30
 
(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.
35
 
2006/1466) has been complied with before this section comes into force.
 
41
Deadline for decisions
 
 
(1)
The Transport and Works Act 1992 is amended as follows.
 

Page 54

 
(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
5
 
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
10
 
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;
15
 
(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”;
20
 
(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”.
 
42
Publication of decisions and time for bringing challenge
 
 
(1)
The Transport and Works Act 1992 is amended as follows.
25
 
(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);
30
 
(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).”;
35
 
(f)
in subsection (4)—
 
 
(i)
for “a notice” substitute “a copy of the notice under subsection
 
 
(1)”;
 
 
(ii)
omit the words from “; and” to the end.
 

Page 55

 
(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—
5
 
(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
10
 
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.
15
43
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
20
 
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—
25
 
(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—
30
 
(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;
35
 
(d)
about when a fee charged is payable;
 
 
(e)
about the recovery of fees charged;
 
 
(f)
about waiver, reduction or repayment of fees;
 
 
(g)
about the effect of paying or failing to pay fees charged
 
 
(including provision permitting a prescribed public authority
40
 
to withhold a relevant service that it would otherwise be
 

Page 56

 
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
5
 
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;
10
 
(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;
15
 
(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
20
 
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—
25
 
“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;
30
 
“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
35
 
are of a public nature.”
 

Page 57

44
Deemed grant of listed building consent etc
 
 
(1)
In the Transport and Works Act 1992, for section 17 (listed buildings and
 
 
conservation areas) substitute—
 
“17
Listed buildings: England
 
 
(1)
On making an order under section 1 or 3 that authorises controlled
5
 
listed building works in England, the Secretary of State may direct
 
 
that listed building consent for the works is deemed to be granted,
 
 
subject to such conditions (if any) as may be specified in the direction.
 
 
(2)
Section 16(2) of the Listed Buildings Act (duty of special regard to
 
 
listed buildings) applies to the making of a direction under this section
10
 
as it would apply to the grant of listed building consent in relation to
 
 
the building concerned.
 
 
(3)
Section 72(1) of the Listed Buildings Act (duty of special attention to
 
 
conservation areas) applies to the making of a direction under this
 
 
section in relation to a building in a conservation area as it would
15
 
apply to the grant of listed building consent in relation to that building.
 
 
(4)
The provisions of the Listed Buildings Act apply in relation to any
 
 
listed building consent deemed to be granted by virtue of a direction
 
 
of the Secretary of State under this section as if the consent had been
 
 
granted by the Secretary of State on an application referred under
20
 
section 12 of that Act.
 
 
(5)
But that does not bring the decision to make the direction within
 
 
section 62(2)(a) of that Act (decisions of Secretary of State that may
 
 
only be challenged by way of statutory review).
 
 
(6)
In this section—
25
 
“conservation area” has the same meaning as in the Listed
 
 
Buildings Act (see section 91(1) of that Act);
 
 
“controlled listed building works in England” means works to
 
 
which section 7(1) of the Listed Buildings Act (demolition or
 
 
alteration in character of a listed building in England) applies;
30
 
“listed building consent” means consent under section 8 of the
 
 
Listed Buildings Act (listed building consent in England);
 
 
“the Listed Buildings Act” means the Planning (Listed Buildings
 
 
and Conservation Areas) Act 1990.
 
17A
Listed buildings and conservation areas: Wales
35
 
(1)
On making an order under section 1 or 3 that authorises controlled
 
 
listed building works in Wales, the Welsh Ministers may direct that
 
 
listed building consent for the works is deemed to be granted, subject
 
 
to such conditions (if any) as may be specified in the direction.
 
 
(2)
On making an order under section 1 or 3 that authorises controlled
40
 
conservation area works in Wales, the Welsh Ministers may direct that
 

Page 58

 
conservation area consent for the works is deemed to be granted,
 
 
subject to such conditions (if any) as may be specified in the direction.
 
 
(3)
Section 96(2) of HEWA 2023 (duty of special regard to listed buildings)
 
 
applies to the making of a direction under subsection (1) as it would
 
 
apply to the grant of listed building consent in relation to the building
5
 
concerned.
 
 
(4)
Section 160(1) of HEWA 2023 (duty of special regard to conservation
 
 
areas) applies—
 
 
(a)
to the making of a direction under subsection (1) in relation
 
 
to a building in a conservation area, as it would apply to the
10
 
grant of listed building consent in relation to that building,
 
 
and
 
 
(b)
to the making of a direction under subsection (2) , as it would
 
 
apply to the grant of conservation area consent in relation to
 
 
the building concerned.
15
 
(5)
The provisions of HEWA 2023 apply in relation to any consent deemed
 
 
to be granted by virtue of a direction of the Welsh Ministers under
 
 
this section as if the consent had been granted by the Welsh Ministers
 
 
on an application referred under section 94 of that Act.
 
 
(6)
But that does not bring the decision to make the direction within
20
 
section 182(2)(b) of that Act (decisions of Welsh Ministers that may
 
 
only be challenged by way of statutory review).
 
 
(7)
In this section—
 
 
“conservation area” has the same meaning as in HEWA 2023 (see
 
 
section 210 of that Act);
25
 
“conservation area consent” means consent under section 162 of
 
 
HEWA 2023 (conservation area consent in Wales);
 
 
“controlled conservation area works in Wales” means works to
 
 
which section 161 of HEWA 2023 (demolition of building in
 
 
conservation area in Wales) applies;
30
 
“controlled listed building works in Wales” means works to which
 
 
section 88 of HEWA 2023 (demolition or alteration in character
 
 
of a listed building in Wales) applies;
 
 
“HEWA 2023” means the Historic Environment (Wales) Act 2023;
 
 
“listed building consent” means consent under section 89 of
35
 
HEWA 2023 (listed building consent in Wales).”
 
 
(2)
In section 22 of that Act (validity of orders)—
 
 
(a)
in the heading, for “under section 1 or 3” substitute “and directions”;
 
 
(b)
after subsection (3) insert—
 
 
“(4)
This section applies to a direction under—
40
 
(a)
section 90(2A) of the Town and Country Planning Act
 
 
1990 (deemed planning permission),
 

Page 59

 
(b)
section 17 or 17A of this Act (deemed listed building
 
 
or conservation area consent), or
 
 
(c)
section 12(2A) of the Planning (Hazardous Substances)
 
 
Act 1990 (deemed hazardous substances consent),
 
 
as it applies to an order under section 1 or 3.”
5
 
(3)
In section 12 of the Planning (Listed Buildings and Conservation Areas) Act
 
 
1990 (reference of applications for listed building consent to Secretary of
 
 
State), omit subsection (3A).
 
 
(4)
In section 94(4) of the Historic Environment (Wales) Act 2023 (reference to
 
 
Welsh Ministers of application for listed building consent associated with
10
 
Transport and Works Act application), after “application” in the second place
 
 
it occurs insert “to the Secretary of State”.
 
45
Deemed consent under marine licence
 
 
(1)
In the Transport and Works Act 1992, after section 19 insert—
 
“19A
Deemed consent under marine licences
15
 
(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
20
 
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
25
 
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;
30
 
(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
35
 
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—
40

Page 60

 
(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
 
(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—
10
 
“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;
 
 
“marine licence” means a marine licence under Part 4 of the
15
 
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,
20
 
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)
25
 
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.
 
46
Authorisation of applications by local authorities
 
 
(1)
In section 20 of the Transport and Works Act 1992 (power to apply for or
30
 
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
35
 
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
40
 
239(2)(a) of the Local Government Act 1972 passed before this section comes
 
 
into force.
 

Page 61

47
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)
5
 
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).
 
48
Power to make consequential amendments
10
 
(1)
The Secretary of State may by regulations made by statutory instrument make
 
 
provision that is consequential on sections 37 to 47 .
 
 
(2)
Regulations under this section may amend—
 
 
(a)
an Act, or
 
 
(b)
an Act or Measure of Senedd Cymru,
15
 
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
20
 
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.
25

Harbours

 
49
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) .
30
 
(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).
35

Page 62

 
(4)
After paragraph 9 insert—
 
 
“Fees
 
 
9A
(1)
The Secretary of State may, by regulations, provide for fees to be
 
 
payable by applicants for harbour revision orders.
 
 
(2)
Such regulations may—
5
 
(a)
provide for the amount of a fee to be determined by a
 
 
method laid down in the regulations;
 
 
(b)
empower or require the Secretary of State not to take steps
 
 
in relation to an application if a fee is not paid on time;
 
 
(c)
provide for the payment of a deposit on account of a fee
10
 
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
15
 
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,
20
 
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
25
 
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
30
 
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).”
35

Electric vehicle charge points

 
50
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) .
 

Page 63

 
(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
5
 
(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
10
 
tunnel under it, or tunnelling or boring under the street).”
 
 
(3)
In subsection (3A) , in the words before paragraph (a) , after “(3)” insert “or
 
 
(3ZA) ”.
 
 
(4)
In subsection (4) —
 
 
(a)
for “in relation to street works” substitute “—
15
 
“(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.”
20
 
(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
25
 
(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
30
 
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
35
 
pursuance of a street works permit).”
 
 
(7)
In section 105 (1) of that Act (minor definitions)—
 

Page 64

 
(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
5
 
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,
10
 
or
 
 
(b)
a right, exercisable by virtue of a street works permit,
 
 
to carry out street works described in section 48 (3ZA) .”
 
 
(8)
In section 106 of that Act (index of defined expressions)—
 
 
(a)
at the appropriate places insert—
15
 
“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)—
20
 
(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
25
 
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
30
 
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 .”
 
 
(10)
The Automated and Electric Vehicles Act 2018 is amended as set out in
35
 
subsections (11) and (12) .
 
 
(11)
In section 10 (public charging or refuelling points: access, standards and
 
 
connection)—
 

Page 65

 
(a)
in subsection (1), after paragraph (b) insert—
 
 
“(ba)
the accessibility of public charging or refuelling points;”;
 
 
(b)
after subsection (3) insert—
 
 
“(3A)
Regulations under subsection (1)(ba) may, for example, require
 
 
the operator of a public charging or refuelling point to ensure
5
 
that the point complies with minimum specifications for
 
 
placement of a charge point display, bay size, and the height
 
 
and weight of the charging cable for the purpose of ensuring
 
 
accessibility for disabled people.”
 
 
(12)
In section 14 (transmission of data relating to charge points), in subsection
10
 
(2) after “energy consumption” insert “, accessibility”.
 
51
Deregulation of low hazard reservoirs
 
 
Within six months of the day on which this Act is passed, the Secretary of
 
 
State must publish an assessment of the impact of the current regulatory
 
 
regime for low hazard reservoirs, and set out proposals for the deregulation
15
 
of such reservoirs to facilitate their construction.
 

Part 2

 

Planning

 

Chapter 1

 

Planning decisions

20
52
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)
25
 
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.
30
 
(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
35
 
charge;
 
 
(c)
publication of information or reports;
 

Page 66

 
(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
5
 
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),
10
 
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
15
 
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—
20
 
(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;
25
 
(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,
30
 
other than functions in connection with applications made in legal
 
 
proceedings.”
 
 
(4)
In subsection (10) , after “planning authority” insert “in Wales”.
 
 
(5)
Omit subsection (10A) .
 
 
(6)
After section 303 of the Town and Country Planning Act 1990 insert—
35
 
“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
40

Page 67

 
“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
5
 
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
10
 
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
15
 
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—
20
 
(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) ;
25
 
(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.”
30
53
Surcharge on planning fees
 
 
In the Town and Country Planning Act 1990 , after section 303ZZA (inserted
 
 
by section 52 ) insert—
 
“303ZZB
Surcharge on planning fees
 
 
(1)
The Secretary of State may by regulations make provision for a
35
 
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
40

Page 68

 
(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—
5
 
(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
10
 
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
15
 
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
20
 
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,
25
 
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—
30
 
(a)
applications,
 
 
(b)
proposed applications, or
 
 
(c)
proposals for a permission, approval or consent,
 
 
that are made under or for the purposes of the planning Acts and that
 
 
relate to land in England.
35
 
(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
40
 
section as they apply to regulations under subsection (1) , save that
 

Page 69

 
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.”
5
54
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
10
 
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”).
15
 
(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
20
 
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
25
 
(ii)
persons providing such courses;
 
 
(b)
impose requirements as to record-keeping, including by
 
 
imposing such requirements on a training provider.
 
 
(5)
Regulations under subsection (1) must require a local planning
 
 
authority to publish on their website which of their members hold
30
 
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
35
 
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
 

Page 70

 
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.
5
 
(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;
10
 
(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 ;
15
 
(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—
20
 
(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
25
 
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
30
 
connection with the training of persons who may exercise relevant
 
 
mayoral planning functions in their exercise of such relevant mayoral
 
 
planning functions as are prescribed.
 
 
(2)
Such regulations must provide for satisfactory completion of the
 
 
training to be evidenced by a certificate valid for a prescribed period
35
 
(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
40
 
mayoral planning function on behalf of a mayor is prohibited from
 

Page 71

 
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—
5
 
(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
10
 
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
15
 
(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
20
 
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—
25
 
(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;
30
 
(c)
a function under section 2E;
 
 
(d)
the function of making a Mayoral development order under
 
 
section 61DA;
 
 
(e)
a function exercisable in connection with a Mayoral
 
 
development order.
35
 
(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
40
 
established under section 9(1) of the Levelling-up and
 
 
Regeneration Act 2023.”
 

Page 72

55
Delegation of planning decisions in England
 
 
(1)
In the Town and Country Planning Act 1990, after section 319ZZB (inserted
 
 
by section 54 ) insert—
 
 
“England: discharge of functions of local planning authority
 
 
319ZZC
Requirement for functions to be discharged by committee,
5
 
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
10
 
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
15
 
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
20
 
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
25
 
by which such relevant planning functions as are prescribed are to be
 
 
discharged.
 
 
(2)
A relevant local planning authority may not arrange for a relevant
 
 
planning function to be discharged by a committee or sub-committee
 
 
of the authority which fails to satisfy a requirement imposed by
30
 
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
35
 
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.
 

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(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
5
 
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—
10
 
(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
15
 
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
20
 
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—
25
 
(a)
making regulations under section 319ZZC or 319ZZD , or
 
 
(b)
issuing guidance under subsection (4) or (5) .
 
 
(7)
Sections 319ZZC and 319ZZD and this section apply in relation to a
 
 
relevant planning function conferred on a relevant mineral planning
 
 
authority as if references to a relevant local planning authority were
30
 
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
35
 
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
40
 
sections 101 and 102 of the 1972 Act apply, except that it does not
 
 
include a National Park authority.
 

Page 74

 
(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 .”
5
 
(2)
In section 316 of the Town and Country Planning Act 1990 (land of interested
 
 
planning authorities and development by them), in subsection (3) , in the
 
 
words after paragraph (b) , after “under” insert “sections 319ZZC to 319ZZE
 
 
or”.
 
 
(3)
In section 333 of the Town and Country Planning Act 1990 (regulations and
10
 
orders), after subsection (3ZAA), insert—
 
 
“(3ZAB)
The first regulations under section 319ZZC or 319ZZD may not be
 
 
made unless a draft of the instrument containing the regulations has
 
 
been laid before, and approved by a resolution of, each House of
 
 
Parliament.
15
 
(3ZAC)
Regulations made under section 319ZZC or 319ZZD are subject to
 
 
annulment in pursuance of a resolution of either House of Parliament
 
 
(except for the first such regulations).
 
 
56
Directions giving deemed planning permission: special regard to heritage
 

assets

20
 
(1)
In section 90 of the Town and Country Planning Act 1990 (directions deeming
 
 
planning permission to be granted for certain development with government
 
 
authorisation), after subsection (2A) insert—
 
 
“(2B)
Section 66(1) of the Planning (Listed Buildings and Conservation Areas)
 
 
Act 1990 (special regard to listed buildings) applies to a government
25
 
department or the Secretary of State in considering whether to make
 
 
a direction under this section as it applies to the Secretary of State in
 
 
considering whether to grant planning permission.”
 
 
(2)
In section 90 (2B) of that Act (inserted by subsection (1) )—
 
 
(a)
for “applies”, in the first place it appears, substitute “and section 58B
30
 
of this Act (special regard to other heritage assets) apply”;
 
 
(b)
for “it applies” substitute “they apply”.
 
57
Planning permission etc: extension of time in event of legal challenge
 
 
(1)
The Town and Country Planning Act 1990 is amended as set out in subsections
 
 
(2) and (3) .
35
 
(2)
In section 91 (general condition limiting duration of planning permission),
 
 
for subsections (3A) and (3B) substitute—
 
 
“(3A)
In subsections (3B) to (3BB) —
 

Page 75

 
“implementation period” means the period before the end of
 
 
which a development to which a planning permission relates
 
 
must be begun (see subsections (1) and (3));
 
 
“relevant proceedings” means proceedings to challenge the
 
 
validity, in respect of the development of land in England, of
5
 
a grant of planning permission or of a deemed grant of
 
 
planning permission.
 
 
(3B)
If a person is given permission by a court to bring relevant
 
 
proceedings, the implementation period is extended by one year.
 
 
(3BA)
If a party to relevant proceedings is given permission to appeal to the
10
 
Court of Appeal against a decision determining the challenge, the
 
 
implementation period is extended by one year.
 
 
(3BB)
If a party to relevant proceedings is given permission to appeal to the
 
 
Supreme Court against a decision determining the challenge, the
 
 
implementation period is extended by two years.
15
 
(3BC)
Any extension of a period under subsection (3B) , (3BA) or (3BB) is to
 
 
run concurrently with any other extension of the period under the
 
 
same subsection (so far as they overlap).
 
 
(3BD)
Any extension of a period under subsection (3BA) is to run
 
 
consecutively to the previous extension of the period under subsection
20
 
(3B) (if they would otherwise overlap).
 
 
(3BE)
Any extension of a period under subsection (3BB) is to run
 
 
consecutively to the previous extension of the period under subsection
 
 
(3B) and any previous extension of the period under subsection (3BA)
 
 
(if they would otherwise overlap).
25
 
(3BF)
The references in subsections (3BA) and (3BB) to determining a
 
 
challenge are to determining it after a full hearing (and accordingly
 
 
do not include a refusal of permission or leave).”
 
 
(3)
After section 92 insert—
 
 
“92A
Extension of outline planning permission etc in event of legal
30
 
challenge
 
 
(1)
This section applies where a person is given permission by a court to
 
 
bring proceedings challenging the validity, in respect of the
 
 
development of land in England, of—
 
 
(a)
a grant (or deemed grant) of outline planning permission, or
35
 
(b)
the approval of reserved matters under such a permission.
 
 
(2)
Any reserved matters application period or implementation period
 
 
that is running when the court gives permission to bring the
 
 
proceedings is extended by one year.
 
 
(3)
If a party to the proceedings is given permission to appeal to the Court
40
 
of Appeal against a decision determining the challenge, any reserved
 

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matters application period or implementation period that is running
 
 
at that time is extended by one year.
 
 
(4)
If a party to the proceedings is given permission to appeal to the
 
 
Supreme Court against a decision determining the challenge, any
 
 
reserved matters application period or implementation period that is
5
 
running at that time is extended by two years.
 
 
(5)
Any extension of a period under subsection (2) , (3) or (4) is to run
 
 
concurrently with any other extension of the period under the same
 
 
subsection (so far as they overlap).
 
 
(6)
Any extension of a period under subsection (3) is to run consecutively
10
 
to the previous extension of the period under subsection (2) (if they
 
 
would otherwise overlap).
 
 
(7)
Any extension of a period under subsection (4) is to run consecutively
 
 
to the previous extension of the period under subsection (2) and any
 
 
previous extension of the period under subsection (3) (if they would
15
 
otherwise overlap).
 
 
(8)
For the purposes of subsections (2) to (4) , an implementation period
 
 
that is determined by reference to an approval of a reserved matter
 
 
starts to run when the reserved matters application is made (and the
 
 
reserved matters application period ceases to run at that point).
20
 
(9)
Subsection (10) applies if a reserved matters application is made
 
 
without taking advantage of an extension under this section.
 
 
(10)
Any implementation period determined by reference to the approval
 
 
sought by the reserved matters application is extended by the number
 
 
of days by which the reserved matters application period is extended
25
 
under this section.
 
 
(11)
Subsection (12) applies if a reserved matters application period is
 
 
extended (or further extended) under this section and the reserved
 
 
matters application is made taking advantage of the extension but
 
 
before the end of the period as extended.
30
 
(12)
Any implementation period determined by reference to the approval
 
 
sought by the reserved matters application is extended by the number
 
 
of whole days remaining in the reserved matters application period
 
 
(as extended) when the reserved matters application is made.
 
 
(13)
In this section—
35
 
“implementation period” , in relation to a grant of outline planning
 
 
permission, means the period before the end of which
 
 
development to which the permission relates must be begun
 
 
(see section 92(2)(b), (4) and (5));
 
 
“outline planning permission” has the same meaning as in section
40
 
92;
 

Page 77

 
“reserved matters application” means an application for the
 
 
approval of a reserved matter in pursuance of section 92;
 
 
“reserved matters application period” , in relation to a grant of
 
 
outline planning permission, means the period before the end
 
 
of which a reserved matters application relating to the
5
 
permission is required to be made (see section 92(2)(a), (4) and
 
 
(5)).
 
 
(14)
In this section, references to determining a challenge are to determining
 
 
it after a full hearing (and accordingly do not include a refusal of
 
 
permission or leave).”
10
 
(4)
In the Planning (Listed Buildings and Conservation Areas) Act 1990, in section
 
 
18 (limit of duration of listed buildings consent), for subsections (2A) and
 
 
(2B) substitute—
 
 
“(2A)
In subsections (2A) to (2BB)—
 
 
“implementation period” means the period before the end of
15
 
which works to which a listed building consent relates are
 
 
required to be begun in pursuance of subsection (1) or (2);
 
 
“relevant proceedings” means proceedings to challenge the validity
 
 
of a grant of listed building consent or of a deemed grant of
 
 
listed building consent.
20
 
(2B)
If a person is given permission by a court to bring relevant
 
 
proceedings, the implementation period is extended by one year.
 
 
(2BA)
If a party to relevant proceedings is given permission to appeal to the
 
 
Court of Appeal against a decision determining the challenge, the
 
 
implementation period is extended by one year.
25
 
(2BB)
If a party to relevant proceedings is given permission to appeal to the
 
 
Supreme Court against a decision determining the challenge, the
 
 
implementation period is extended by two years.
 
 
(2BC)
Any extension of a period under subsection (2B) , (2BA) or (2BB) is to
 
 
run concurrently with any other extension of the period under the
30
 
same subsection (so far as they overlap).
 
 
(2BD)
Any extension of a period under subsection (2BA) is to run
 
 
consecutively to the previous extension of the period under subsection
 
 
(2B) (if they would otherwise overlap).
 
 
(2BE)
Any extension of a period under subsection (2BB) is to run
35
 
consecutively to the previous extension of the period under subsection
 
 
(2B) and any previous extension of the period under subsection (2BA)
 
 
(if they would otherwise overlap).
 
 
(2BF)
The references in subsections (2BA) and (2BB) to determining a
 
 
challenge are to determining it after a full hearing (and accordingly
40
 
do not include a refusal of permission or leave).”
 

Page 78

 
(5)
The amendments made by subsections (2) and (4) do not operate to extend
 
 
any implementation period that has already expired.
 
 
(6)
In relation to proceedings begun before the day on which subsection (2) comes
 
 
into force (“the commencement date”)—
 
 
(a)
any extension of time under section 91(3B) of the Town and Country
5
 
Planning Act 1990 that had already arisen before the commencement
 
 
date as a result of those proceedings is unaffected;
 
 
(b)
subsections (3B) to (3BB) of section 91 of that Act (as inserted by
 
 
subsection (2) ) apply so far as any event in the proceedings giving
 
 
rise to an extension of time under those subsections occurs on or after
10
 
the commencement date, but not otherwise.
 
 
(7)
In relation to proceedings begun before the day on which subsection (3) comes
 
 
into force, section 92A of the Town and Country Planning Act 1990 (inserted
 
 
by subsection (3) ) applies so far as any event in the proceedings giving rise
 
 
to an extension of time under that section occurs on or after that day, but not
15
 
otherwise.
 
 
(8)
In relation to proceedings begun before the day on which subsection (4) comes
 
 
into force (“the commencement date”)—
 
 
(a)
any extension of time under section 18(2B) of the Planning (Listed
 
 
Buildings and Conservation Areas) Act 1990 that had already arisen
20
 
before the commencement date as a result of those proceedings is
 
 
unaffected;
 
 
(b)
subsections (2B) to (2BB) of section 18 of that Act (as inserted by
 
 
subsection (4) ) apply so far as any event in the proceedings giving
 
 
rise to an extension of time under those subsections occurs on or after
25
 
the commencement date, but not otherwise.
 
58
Provision of advice by Natural England to public authorities
 
 
(1)
The Natural Environment and Rural Communities Act 2006 is amended as
 
 
set out in subsections (2) and (3) .
 
 
(2)
In section 4 (advice)—
30
 
(a)
after subsection (1) insert—
 
 
“(1A)
Natural England is not required by subsection (1) to give advice
 
 
in response to a request to which subsection (1B) applies that
 
 
is made by a public authority other than a Minister of the
 
 
Crown.
35
 
(1B)
This subsection applies to a request for advice relating to—
 
 
(a)
a specific development that requires, but has not been
 
 
granted, planning permission under section 57 of the
 
 
Town and Country Planning Act 1990 (“the 1990 Act”),
 
 
(b)
an application for any consent, agreement or approval
40
 
required by a condition imposed on a grant of planning
 
 
permission required under that section,
 

Page 79

 
(c)
permission in principle for a specific development under
 
 
section 58A of the 1990 Act, and
 
 
(d)
the approval of a reserved matter within the meaning
 
 
of section 92 of the 1990 Act.
 
 
(1C)
Natural England may give advice in response to a request to
5
 
which it is not required to respond as a result of subsection
 
 
(1A) .”;
 
 
(b)
in subsection (2), after “(1)” insert “or (1C) ”.
 
 
(3)
After section 4 insert—
 
“4A
Supplementary provision
10
 
(1)
Natural England must prepare and publish a statement setting out
 
 
how it intends to deal with requests for advice which it is not required
 
 
to give as a result of section 4 (1A) .
 
 
(2)
Natural England must review the statement before the end of—
 
 
(a)
the period of five years beginning with the day on which it is
15
 
first published, and
 
 
(b)
each successive period of five years.
 
 
(3)
Natural England may review the statement more than once during
 
 
any of those periods.
 
 
(4)
Natural England may revise the statement following a review.
20
 
(5)
Natural England must publish any revised statement.
 
 
(6)
Before publishing a statement (including a revised statement) under
 
 
this section, Natural England must—
 
 
(a)
consult the Secretary of State, and
 
 
(b)
make any changes to the statement that the Secretary of State
25
 
may require in response.
 
 
(7)
But the duty in subsection (6) does not apply in relation to the
 
 
publication of a revised statement which, in the opinion of Natural
 
 
England, contains no substantial revisions.
 
 
(8)
The Secretary of State may require a change as mentioned in subsection
30
 
(6) (b) only if the Secretary of State considers that the change would
 
 
promote Natural England’s general purpose.”
 
 
(4)
The duties imposed by section 4A (6) of the Natural Environment and Rural
 
 
Communities Act 2006, as inserted by subsection (3) , may be satisfied by
 
 
consultation carried out, and changes made, before this section comes into
35
 
force.
 

Page 80

59
Permitted development and demolition: assets of community value
 
 
(1)
The Town and Country Planning (General Permitted Development) (England)
 
 
Order 2015 (S.I. 2015/596) is amended as follows.
 
 
(2)
In paragraph B.1 of Part 11 of Schedule 2 (permitted development rights:
 
 
heritage and demolition), after sub-paragraph (e) insert—
5
 
“(f)
the building is designated as an asset of community value
 
 
under the Localism Act 2011.”
 

Chapter 2

 

Spatial development strategies

 
60
Spatial development strategies
10
 
(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
15
 
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 );
20
 
(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;
25
 
(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
30
 
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
35
 
of the areas of the constituent authorities of the board;
 

Page 81

 
(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
5
 
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
10
 
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
15
 
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
20
 
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
 
 
under this Part in relation to an area consisting of the areas of those
25
 
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—
30
 
(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
35
 
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
40
 
of the board not to take any step, or any further step, or not to take
 

Page 82

 
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—
5
 
(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
10
 
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);
15
 
(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—
20
 
(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;
25
 
(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
30
 
following—
 
 
(a)
a county council;
 
 
(b)
a district council;
 
 
(c)
a London borough council.
 
 
(5)
If strategic planning board regulations establishing a strategic planning
35
 
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
40
 
regulations—
 

Page 83

 
(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—
5
 
(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
10
 
(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
15
 
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
20
 
(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.
 
 
(2)
A spatial development strategy must include a reasoned justification
25
 
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
30
 
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.
35
 
(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;
 

Page 84

 
(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
5
 
strategic importance to a strategy area even if it affects only part of
 
 
that area.
 
 
(7)
A spatial development strategy must—
 
 
(a)
list any chalk streams identified in the strategy area,
 
 
(b)
identify the measures to be taken to protect any identified chalk
10
 
streams from pollution, abstraction, encroachment and other
 
 
forms of environmental damage, and
 
 
(c)
impose responsibilities on strategic planning authorities in
 
 
relation to the protection and enhancement of chalk stream
 
 
habitats.
15
 
(8)
The Secretary of State may prescribe further matters a spatial
 
 
development strategy may, or must, deal with.
 
 
(9)
A spatial development strategy must contain such diagrams,
 
 
illustrations or other descriptive or explanatory matter relating to its
 
 
contents as may be prescribed.
20
 
(10)
A spatial development strategy may make different provision for
 
 
different cases or for different parts of the strategy area.
 
 
(11)
A spatial development strategy must prioritise development on
 
 
brownfield land and urban densification.
 
 
(12)
A spatial development strategy must seek to increase sustainability
25
 
and community building by minimising travel distances between
 
 
places of employment, residence and commercial or leisure activities.
 
 
(13)
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.
30
 
(14)
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
35
 
biodiversity, or
 
 
(ii)
are areas where the recovery or enhancement of
 
 
biodiversity could make a particular contribution to
 
 
other environmental benefits,
 
 
(b)
the priorities set out in the strategy for recovering or enhancing
40
 
biodiversity, and
 

Page 85

 
(c)
the proposals set out in the strategy as to potential measures
 
 
relating to those priorities.
 
 
(15)
A spatial development strategy must not—
 
 
(a)
include anything that is not permitted or required by or under
 
 
the preceding provisions of this section,
5
 
(b)
specify particular sites where development should take place,
 
 
or
 
 
(c)
be inconsistent with or (in substance) repeat any national
 
 
development management policy.
 
 
(16)
The Secretary of State may prescribe—
10
 
(a)
the form of a spatial development strategy;
 
 
(b)
documents that must accompany a spatial development
 
 
strategy.
 
 
(17)
In subsection (5) “affordable housing” means—
 
 
(a)
social housing within the meaning of Part 2 of the Housing
15
 
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
20
 
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
25
 
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.
30
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
35
 
make specified amendments to the draft timetable.
 

Page 86

 
(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
5
 
(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
10
 
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) ,
15
 
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.
20
 
(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.
25
 
(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
30
 
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
35
 
(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—
 

Page 87

 
(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—
5
 
(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
10
 
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
15
 
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,
20
 
(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.
25
 
(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,
30
 
(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,
35
 
(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
40
 
appropriate.
 

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(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,
5
 
(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
10
 
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
15
 
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
20
 
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;
25
 
(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;
30
 
(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
35
 
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”).
40

Page 89

 
(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
5
 
(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
10
 
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
15
 
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).
20
 
(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
25
 
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;
30
 
(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;
35
 
(ii)
any person, not within sub-paragraph (i), who made
 
 
representations in accordance with regulations under
 
 
section 12H (7) .
 

Page 90

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
5
 
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
10
 
(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
15
 
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
20
 
(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.
25
 
(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
30
 
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,
35
 
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,
40
 
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.
 

Page 91

 
(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
5
 
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
10
 
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,
15
 
(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
20
 
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
25
 
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
30
 
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.
35
 
Review, alteration and replacement of spatial development strategy
 
12M
Review and monitoring
 
 
(1)
This section applies in relation to an operative spatial development
 
 
strategy.
 

Page 92

 
(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
5
 
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;
10
 
(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
15
 
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,
20
 
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
25
 
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;
30
 
(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
35
 
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.
40

Page 93

 
(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 .
5
 
(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
10
 
(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
15
 
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
20
 
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—
25
 
(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—
30
 
(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—
35
 
(i)
inconsistent with current national policies, or
 
 
(ii)
detrimental to the interests of an area outside the
 
 
strategy area.
 

Page 94

 
(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
5
 
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;
10
 
(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
15
 
(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
20
 
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
25
 
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—
30
 
(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
35
 
(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
40
 
received).
 

Page 95

 
(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
5
 
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—
10
 
(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
15
 
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
20
 
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
25
 
(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—
30
 
(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
35
 
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
40

Page 96

 
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
5
 
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.
10
 
(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
15
 
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).
20
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
25
 
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
30
 
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
35
 
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
5
 
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
10
 
(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
15
 
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.
20
 
(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
25
 
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
30
 
(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
35
 
preparation, adoption, publication, review, withdrawal,
 
 
alteration or replacement of a spatial development strategy or
 
 
in connection with a review under section 12M (2) ;
 

Page 98

 
(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
5
 
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;
10
 
(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
15
 
(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
20
 
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.
25
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 ,
30
 
(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) —
35
 
(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
5
 
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
10
 
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—
15
 
“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
20
 
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”
25
 
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
30
 
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
35
 
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
40
 
12A ;
 
 
“strategic planning board” has the meaning given by section 12B ;
 
 
“strategy area” has the meaning given by section 12A (4) ;
 

Page 100

 
“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;
5
 
“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);
10
 
(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
15
 
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 2 makes minor and consequential amendments in connection with
20
 
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.
25
 
(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
30
 
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.
 

Page 101

Part 3

 

Development and nature recovery

 

Overview

 
61
Overview of EDPs
 
 
(1)
An environmental delivery plan is a plan prepared by Natural England, and
5
 
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
10
 
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 64 and 74 to 83 ), and
 
 
(d)
the environmental obligations in relation to development that are
15
 
discharged, disapplied or otherwise modified if a developer pays the
 
 
nature restoration levy in relation to the development (see section 74
 
 
and Schedule 3 ).
 
 
(2)
In this Part —
 
 
(a)
sections 62 to 65 make provision about the required contents of an
20
 
environmental delivery plan;
 
 
(b)
sections 66 to 68 make provision about the procedure for making an
 
 
environmental delivery plan;
 
 
(c)
sections 69 to 73 make provision about reporting on, amending,
 
 
revoking and challenging an environmental delivery plan.
25
 
(3)
In this Part , an “EDP” means an environmental delivery plan.
 

Environmental delivery plans: content

 
62
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
30
 
“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
35
 
territorial sea.
 
 
(3)
An EDP may—
 

Page 102

 
(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—
5
 
(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
10
 
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,
15
 
(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
20
 
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
25
 
before the end of the period of ten years beginning with the EDP start
 
 
date.
 
63
Environmental features, environmental impacts and conservation measures
 
 
(1)
An EDP must identify—
 
 
(a)
one or more environmental features which are likely to be negatively
30
 
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.
35
 
(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 environmental impact identified in an EDP may only affect nutrient
 
 
neutrality, water quality, water resource or air quality.
40

Page 103

 
(4)
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—
 
 
(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
5
 
identified environmental feature (see also section 67 (3) ).
 
 
(5)
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.
 
 
(6)
Where an identified environmental feature is a protected feature of a protected
10
 
site that is wholly in England, 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.
 
 
(7)
But an EDP may include conservation measures of the type mentioned in
15
 
subsection (6) 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.
 
 
(8)
An EDP must include conservation measures that are not, at the time the
20
 
EDP is made, expected to be needed but which must be implemented in the
 
 
circumstances set out in the EDP.
 
 
(9)
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 84 (4) (a) ).
25
 
(10)
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
30
 
impact of development.
 
 
(11)
A conservation measure may take the form of a request, by Natural England,
 
 
that a condition of development be imposed (see section 97 ).
 
 
(12)
In this section—
 
 
“England” includes—
35
 
(a)
the waters adjacent to England up to the seaward limits of the
 
 
territorial sea, and
 
 
(b)
the English offshore region;
 
 
“English offshore region” has the same meaning as in the Marine and
 
 
Coastal Access Act 2009 (see section 322(1) of that Act);
40
 
“the environmental impact of development” means the environmental
 
 
impact, as identified in the EDP, of the maximum amount of
 

Page 104

 
development to which the EDP may apply, as specified in accordance
 
 
with section 62 (5) .
 
64
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
5
 
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.
 
 
(3)
The rates or other criteria must be set in accordance with nature restoration
 
 
levy regulations (see sections 75 to 82 ).
10
65
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
15
 
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.
20
 
(3)
Where an EDP includes conservation measures of the type mentioned in
 
 
section 63 (6) (network conservation measures), it must state how, in the
 
 
opinion of Natural England, the measures comply with the requirement in
 
 
section 63 (7) (network measure to make a greater contribution to improvement
 
 
of conservation status of the feature than onsite measure).
25
 
(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 3 .
 
 
(5)
An EDP must specify the terms that must be incorporated into a licence
 
 
under—
30
 
(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.
35
 
(6)
An EDP must list the strategies and plans to which Natural England had
 
 
regard in preparing the EDP (see section 96 (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
 

Page 105

 
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
 
 
84 (4) and (5) ).
 
 
(9)
The Secretary of State may make regulations setting out further information
5
 
that must be included, or matters that must be dealt with, in an EDP.
 

Environmental delivery plans: procedure

 
66
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
10
 
(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,
15
 
(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
20
 
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,
25
 
(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
30
 
area is in the waters adjacent to England,
 
 
(k)
if an environmental feature identified in the draft EDP is a protected
 
 
feature of a protected site that is wholly or partly in Wales, the Natural
 
 
Resources Body for Wales and the Welsh Ministers,
 
 
(l)
if an environmental feature identified in the draft EDP is a protected
35
 
feature of a protected site that is wholly or partly in Scotland, Scottish
 
 
Natural Heritage and the Scottish Ministers,
 
 
(m)
any other public authority Natural England considers should be
 
 
consulted, and
 
 
(n)
any other public authority specified in regulations made by the
40
 
Secretary of State.
 

Page 106

 
(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
 
(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.
10
 
(7)
In this section—
 
 
“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
15
 
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;
20
 
“strategic highways company” has the meaning given by section 329(1)
 
 
of the Highways Act 1980.
 
 
(8)
In this section, the references to Wales and Scotland include the waters
 
 
adjacent to them up to the seaward limits of the territorial sea.
 
67
Making of EDP by Secretary of State
25
 
(1)
After complying with section 66 , 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
30
 
(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
35
 
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
40

Page 107

 
accordance with section 63 (1) (b) , of the maximum amount of development
 
 
to which the EDP may apply, as specified in accordance with section 62 (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
5
 
must publish a notice of the decision that sets out the reasons for the decision.
 
68
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.
10
 
(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.
 
 
(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

 
69
Reporting on an EDP
15
 
(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.
20
 
(2)
If an EDP is revoked (see section 71 )—
 
 
(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) );
25
 
(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.
30
 
(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
35
 
the EDP (see section 62 (5) ) remains available;
 

Page 108

 
(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
5
 
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
 
 
63 (10) );
 
 
(f)
whether the rates or other criteria set out in each charging schedule
10
 
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.
15
 
(7)
A report under subsection (1) (b) (final report) must also include—
 
 
(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
20
 
negative effect of the EDP development as mentioned in section 67 (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 67
 
 
as if—
25
 
(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
 
 
72 (4) );
30
 
(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;
35
 
(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.
40
 
(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;
 

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“the revocation date” means the date on which the EDP is revoked, as
 
 
set out in the notice under section 71 (5) .
 
70
Amendment of an EDP
 
 
(1)
The Secretary of State may amend an EDP—
 
 
(a)
on a request from Natural England, or
5
 
(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,
10
 
an amendment to an EDP that—
 
 
(a)
increases the maximum amount of development to which the EDP
 
 
may apply, as specified under section 62 (5) ,
 
 
(b)
changes the development area to include a new area to which the EDP
 
 
does not currently apply, or
15
 
(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—
20
 
(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.
25
 
(5)
Where the Secretary of State directs Natural England to consult, Natural
 
 
England must—
 
 
(a)
follow the consultation procedure set out in section 66 , and
 
 
(b)
provide to the Secretary of State—
 
 
(i)
copies of all responses to the consultation, and
30
 
(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.
35
 
(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
40

Page 110

 
(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.
5
 
(11)
Subsections (4) to (7) do not apply to an amendment that only corrects a
 
 
clerical or typographical error.
 
71
Revocation of an EDP
 
 
(1)
The Secretary of State may revoke an EDP—
 
 
(a)
on a request from Natural England, or
10
 
(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
 
 
England has proposed amendments under section 70 which would, if made,
 
 
result in that test being passed.
15
 
(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;
20
 
(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
25
 
“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.
30
72
Remedial action by Secretary of State where EDP ends or is revoked
 
 
(1)
This section applies where a report under section 69 (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
 
 
69 (7) and (8) ).
35
 
(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
 

Page 111

 
environmental impact (as identified in the EDP in accordance with section
 
 
63 (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—
5
 
(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.
10
 
(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;
 
 
(b)
taking, or directing another public authority to take, any other
15
 
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—
20
 
(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)
25
 
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) .
30
 
(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
35
 
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.
 
73
Challenging an EDP
 
 
(1)
A court may entertain proceedings for questioning an EDP or anything done,
40
 
or omitted to be done, by the Secretary of State or Natural England in the
 
 
course of preparing an EDP only if—
 

Page 112

 
(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 68 ).
 
 
(2)
A court may entertain proceedings for questioning a decision of the Secretary
 
 
of State not to make an EDP only if—
5
 
(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 67 (7) ).
 
 
(3)
A court may entertain proceedings for questioning an amendment to an EDP
10
 
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 amended EDP is published (see
 
 
section 70 (9) ).
15
 
(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—
20
 
(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 70 (7) ),
 
 
or
 
 
(ii)
in any other case, the earlier of the day on which Secretary of
25
 
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
30
 
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 71 (5) ).
35
 
(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—
40
 
(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 71 (3) ), or
 

Page 113

 
(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.
5

The nature restoration levy

 
74
Commitment to pay the nature restoration levy
 
 
(1)
A developer may make a request in writing to Natural England to pay the
 
 
nature restoration levy in relation to a development to which an EDP applies.
 
 
(2)
If a development to which a request relates has already commenced, Natural
10
 
England must have regard to any guidance issued by the Secretary of State
 
 
in deciding whether to accept the request.
 
 
(3)
If Natural England accept the request, the developer is committed to pay the
 
 
nature restoration levy (see also section 76 (4) ).
 
 
(4)
Schedule 3 sets out how a commitment by a developer to pay the nature
15
 
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;
20
 
(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.
 
 
(5)
An EDP may provide, in relation to a kind of development and kind of
25
 
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
30
 
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
35
 
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,
40
 
instead of paying the levy;
 

Page 114

 
(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;
5
 
(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.
10
 
(6)
If an EDP makes provision as mentioned in subsection (5) , it must set out
 
 
the reasons why Natural England considers that to be necessary.
 
75
Regulations about the nature restoration levy
 
 
(1)
The Secretary of State may make regulations about the nature restoration levy
 
 
(“nature restoration levy regulations”).
15
 
(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.
20
76
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.
25
 
(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.
30
 
(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
35
 
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—
40

Page 115

 
(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,
5
 
or required, to rescind its acceptance of a request by a developer to pay the
 
 
levy (see section 74 (1) ) in circumstances specified in the regulations, such that
 
 
the developer ceases to be committed to pay the nature restoration levy.
 
77
Amount of the levy
 
 
(1)
When considering the rates or other criteria to be set out in a charging
10
 
schedule (see section 64 (1) ) in the course of preparing an EDP, Natural
 
 
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
15
 
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);
20
 
(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—
25
 
(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
30
 
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).
35
 
(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;
40
 
(b)
permit or require charging schedules to operate by reference to any
 
 
measurement of the amount or nature of development (whether by
 

Page 116

 
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;
5
 
(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
10
 
may include provision for supplementary charges, a nil rate, increased
 
 
rates or reductions.
 
 
(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.
15
78
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 76 (3) (c) (ii) may, in particular, make
20
 
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
25
 
(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).
30
79
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 64 (2) ).
35
 
(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;
40

Page 117

 
(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;
5
 
(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
10
 
restoration levy on anything not included on the list.
 
 
(4)
In making provision about funding, the regulations may, in particular—
 
 
(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
15
 
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;
20
 
(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
25
 
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
30
 
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
35
 
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).
40
80
Collection of nature restoration levy
 
 
(1)
Nature restoration levy regulations must include provision about the collection
 
 
of the nature restoration levy.
 

Page 118

 
(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.
5
 
(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
10
 
has not been paid).
 
 
(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
15
 
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
20
 
restoration levy charged by Natural England; and section 79 (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
25
 
relating to the collection of a tax;
 
 
(b)
confer a discretion on Natural England or a collecting authority to
 
 
determine any matter.
 
81
Enforcement
 
 
(1)
Nature restoration levy regulations must include provision about enforcement
30
 
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
35
 
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;
40

Page 119

 
(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;
5
 
(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);
10
 
(i)
for enforcement in the case of death or insolvency of a person liable
 
 
to pay the nature restoration levy.
 
 
(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
15
 
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—
20
 
(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—
25
 
(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
30
 
of sections 79 to 82 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
35
 
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—
40

Page 120

 
(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
5
 
(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;
10
 
(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.
 
82
Compensation
 
 
(1)
Nature restoration levy regulations may require Natural England or another
15
 
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 81 .
 
 
(3)
The regulations may provide that compensation is not required to be paid—
20
 
(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,
25
 
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
30
 
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
35
 
4 of the Land Compensation Act 1961 apply subject to any necessary
 
 
modifications and to the provisions of nature restoration levy regulations.
 

Page 121

83
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.
5

Powers and duties: Natural England etc

 
84
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
10
 
England considers necessary to implement EDPs;
 
 
(c)
monitoring EDPs.
 
 
(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.
15
 
(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.
20
 
(5)
In deciding how to monitor an EDP, Natural England must have regard to
 
 
guidance issued by the Secretary of State.
 
85
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
25
 
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
30
 
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.
35

Page 122

 
(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
5
 
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.
10
86
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
15
 
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 85 (3)
 
 
but has been denied admission to the land or received no reply
20
 
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.
25
 
(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
30
 
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—
35
 
(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).
40

Page 123

 
(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
5
 
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;
10
 
(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).
15
 
(11)
In this section—
 
 
“authorised person” means a person authorised by Natural England
 
 
under section 85 ;
 
 
“statutory undertaker” has the meaning given by that section.
 
87
Powers of entry: further provision
20
 
(1)
In this section and in sections 88 and 89 , “power of entry” means a power to
 
 
enter and survey or investigate land conferred by section 85 or by a warrant
 
 
under section 86 .
 
 
(2)
An authorisation of a person by Natural England to exercise a power of entry
 
 
must be in writing.
25
 
(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
30
 
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
35
 
or from which the occupier is absent, the person must leave it as effectively
 
 
secured against unauthorised entry as the person found it.
 

Page 124

 
(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 85 (3) or 86 (3) , or
 
 
(b)
if the land is unoccupied, a notice given to every owner of the land
5
 
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;
10
 
(c)
taking samples of—
 
 
(i)
water,
 
 
(ii)
air,
 
 
(iii)
soil or rock,
 
 
(iv)
flora,
15
 
(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;
 
 
(e)
carrying out exploratory works for purposes connected with the taking
20
 
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
25
 
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 85 (3) or 86 (3) .
30
 
(11)
In this section, “statutory undertaker” has the meaning given by section 85 .
 
88
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.
35
 
(2)
Notice required to be given under section 85 (3) , 86 (3) or 87 (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.
 

Page 125

 
(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.
 
89
Powers of entry: offences
5
 
(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,
10
 
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
15
 
2 years or a fine, or both.
 
 
(5)
In subsection (3) “confidential information” means information—
 
 
(a)
which constitutes a trade secret, or
 
 
(b)
the disclosure of which would or would be likely to prejudice the
 
 
commercial interests of any person.
20
 
90
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
25
 
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
30
 
(b)
that a condition specified in section 86 (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
35
 
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
 

Page 126

 
conferred by or under sections 85 and 86 on a person authorised by Natural
 
 
England, reading references in the applied provisions to Natural England as
 
 
references to the relevant authority—
 
 
(a)
section 85 (2) to (6) (notice requirement etc);
 
 
(b)
section 86 (3) to (10) and the definition of “statutory undertaker” in
5
 
subsection (11) of that section (requirements for execution of warrant);
 
 
(c)
section 87 (1) to (8) (further provision about powers of entry);
 
 
(d)
section 88 (compensation);
 
 
(e)
section 89 (offences).
 
 
(5)
Subsections (9) to (11) of section 87 (land held by statutory undertakers) apply
10
 
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 85 and 86 on a person authorised by Natural England, reading the
 
 
reference in the applied provisions to Natural England as a reference to the
15
 
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 72 (4) (a) , or
 
 
(b)
any other measure to improve the conservation status of an identified
20
 
environmental feature as mentioned in section 72 (4) (b) .
 
 
(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 72 (4) (a) or (b) .
25
91
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
30
 
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
35
 
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.
 

Page 127

 
(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
5
 
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
10
 
mentioned in subsection (6) (b) .
 
 
(8)
Schedule 4 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;
15
 
“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
20
 
(c)
a disused burial ground;
 
 
“statutory undertakers” has the same meaning as in section 16 of the
 
 
Acquisition of Land Act 1981.
 
92
Compulsory purchase powers: Secretary of State
 
 
(1)
The Secretary of State may acquire land compulsorily if the Secretary of State
25
 
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 72 (4) (a) , or
 
 
(b)
any other measure to improve the conservation status of an identified
30
 
environmental feature as mentioned in section 72 (4) (b) .
 
 
(3)
The provisions of section 91 (3) to (9) and Schedule 4 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
35
 
section 91 (1).
 
93
Annual reports
 
 
(1)
Natural England must publish a report for each financial year on the exercise
 
 
of its functions under this Part.
 

Page 128

 
(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;
5
 
(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—
10
 
(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
15
 
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.
20
 
(6)
In this section “financial year” means—
 
 
(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

25
94
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
30
 
(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
35
 
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).
 

Page 129

95
Transfer schemes in connection with regulations under
 
 
(1)
The Secretary of State may, in connection with regulations made under section
 
 
94 (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;
5
 
(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;
10
 
(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
15
 
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;
20
 
(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
25
 
regulations;
 
 
(g)
make other consequential, supplementary, incidental or transitional
 
 
provision.
 
 
(4)
A transfer scheme may provide—
 
 
(a)
for modifications by agreement;
30
 
(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;
35
 
(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
40

Page 130

 
(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
5
 
under section 94 (1) ;
 
 
“the TUPE regulations” means the Transfer of Undertakings (Protection
 
 
of Employment) Regulations 2006 (S.I. 2006/246).
 

Supplementary

 
96
General duties when exercising functions relating to EDPs
10
 
(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,
 
 
or
 
 
(b)
the Secretary of State is considering whether to take, or is taking,
15
 
remedial action under section 72 .
 
 
(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,
20
 
(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.
25
 
(4)
Where an EDP specifies as the development area an area that includes waters
 
 
adjacent to England (see section 62 (2) (b) ), Natural England or the Secretary
 
 
of State must also have regard to—
 
 
(a)
any marine plan,
 
 
(b)
the marine policy statement, and
30
 
(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
35
 
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
40

Page 131

 
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
5
 
(b)
the EDP includes conservation measures of the type mentioned in
 
 
section 63 (6) (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.
10
 
(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
15
 
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—
20
 
(a)
section 104 (local nature recovery strategies);
 
 
(b)
section 109 (species conservation strategies);
 
 
(c)
section 110 (protected site strategies);
 
 
“marine plan” has the meaning given in section 51(3) of the Marine and
 
 
Coastal Access Act 2009;
25
 
“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);
30
 
(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).
35
 
“the UK marine strategy” means the strategy developed under the Marine
 
 
Strategy Regulations 2010 (S.I. 2010/1627).
 
97
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
40
 
preparation or implementation of an EDP.
 

Page 132

 
(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.
5
 
(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
10
 
(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).
15
 
(6)
In this section “data protection legislation” has the same meaning as in the
 
 
Data Protection Act 2018 (see section 3 of that Act).
 
98
Amendments relating to this Part
 
 
(1)
In Schedule 5 —
 
 
(a)
Part 1 amends the Habitats Regulations 2017 to provide that, for certain
20
 
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
25
 
Part.
 
99
Regulations
 
 
(1)
Regulations under this Part are to be made by statutory instrument.
 
 
(2)
A statutory instrument containing—
 
 
(a)
nature restoration levy regulations,
30
 
(b)
regulations under section 94 (power to designate person to exercise
 
 
functions of Natural England), or
 
 
(c)
regulations under section 98 (2) (consequential amendments) which
 
 
amend an Act,
 
 
may not be made unless a draft of the instrument has been laid before and
35
 
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.
 

Page 133

 
(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.
 
100
Application to the Crown
5
 
(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;
10
 
(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
15
 
on or may otherwise affect Crown land, Natural England must obtain the
 
 
permission of the appropriate authority.
 
 
(4)
The power conferred by section 85 applies in relation to Crown land, but
 
 
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
20
 
it, or
 
 
(b)
the appropriate authority.
 
 
(5)
The power conferred by section 90 (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—
25
 
(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
30
 
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 85 (3) (notice
 
 
requirement) does not apply in relation to the exercise of the power conferred
35
 
by section 85 or 90 (1) .
 
 
(8)
The following provisions do not apply in relation to anything done by virtue
 
 
of subsection (4) or (5) —
 
 
(a)
section 87 (7) to (10) (further provision about powers of entry);
 
 
(b)
section 89 (offences).
40

Page 134

 
(9)
Sections 91 and 92 (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).
5
101
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
10
 
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
15
 
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
 
 
(e)
a condition that may be attached to a harbour revision order
20
 
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 63 (4) ;
 
 
“development” has the same meaning as in the Town and Country
 
 
Planning Act 1990 (see section 55 of that Act), but also includes—
25
 
(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
30
 
the Marine and Coastal Access Act 2009 (see section 66 of that
 
 
Act);
 
 
“development area” has the meaning given in section 62 (1) ;
 
 
“EDP” means an environmental delivery plan;
 
 
“EDP start date” and “EDP end date” have the meanings given in section
35
 
62 (7) ;
 
 
“environmental delivery plan” has the meaning given in section 61 (1) ;
 
 
“environmental impact” has the meaning given in section 63 (1) ;
 
 
“European site” has the same meaning as in the Habitats Regulations
 
 
2017 (see regulation 8);
40
 
“the Habitats Regulations 2017” means the Conservation of Habitats and
 
 
Species Regulations 2017 (S.I. 2017/1012);
 

Page 135

 
“identified environmental feature” means an environmental feature
 
 
identified in an EDP in accordance with section 63 (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
5
 
section 116 of the Marine and Coastal Access Act 2009;
 
 
“nature restoration levy regulations” has the meaning given in section
 
 
75 ;
 
 
“overall improvement test” means the test set out in section 67 (4) ;
 
 
“protected site” means—
10
 
(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
15
 
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
20
 
, or
 
 
(b)
protected by—
 
 
(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
25
 
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
30
 
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;
35
 
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
40
 
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 ;
 

Page 136

 
“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
5
 
(c)
a day which is a bank holiday in England and Wales under
 
 
the Banking and Financial Dealings Act 1971.
 

Part 4

 

Development corporations

 
102
Areas for development and remit
10
 
(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;
15
 
(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;
 
 
(ii)
designate an area of land which is adjacent to an
 
 
existing town or other centre of population so that the
20
 
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
25
 
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.”
30
 
(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
35
 
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);
 

Page 137

 
(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
5
 
development corporations), in subsection (1) after “regeneration” insert “or
 
 
development”.
 
103
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—
10
 
“(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
15
 
Act 1980 (designation of locally-led urban development area),
 
 
or
 
 
(c)
section 197 of the Localism Act 2011 (designation of Mayoral
 
 
development area).
 
 
(3ZB)
On the coming into force of an order that makes provision as
20
 
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—
25
 
(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
30
 
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;
35
 
(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
40

Page 138

 
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—
5
 
“(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
10
 
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
15
 
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”;
20
 
(b)
omit from “if” to the end.
 
 
(5)
In section 77 (regulations and orders)—
 
 
(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) .
25
 
(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
30
 
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),
 
 
or
35
 
(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—
40

Page 139

 
(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
5
 
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
10
 
(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
15
 
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
20
 
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
25
 
area.
 
 
(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
30
 
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)—
35
 
(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) .
40
 
(11)
In section 134 (urban development areas)—
 

Page 140

 
(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 102 ) insert—
5
 
“(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
10
 
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).
15
 
(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
20
 
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
25
 
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 urban development area;
 
 
(c)
where the overlap area completely covers the previously
30
 
designated area, provide for the dissolution of the
 
 
development corporation for the previously designated
 
 
area;
 
 
(d)
make consequential, incidental, supplementary,
 
 
transitional or saving provision.
35
 
(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
40
 
(transfer schemes: general provisions)).”;
 
 
(c)
in subsection (4), after “(1B)” insert “or regulations made by the
 
 
Secretary of State under subsection (1F)”;
 

Page 141

 
(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—
5
 
“(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
10
 
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
15
 
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”.
 
104
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
20
 
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.”
 
 
(2)
In section 136 of the Local Government, Planning and Land Act 1980 (objects
25
 
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—
30
 
(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
35
 
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.
 

Page 142

 
(1B)
For the purposes of subsection (1A), an MDC must (in particular) have
 
 
regard to the desirability of good design.”
 
105
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)—
5
 
(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
10
 
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
15
 
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) —
20
 
(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”;
 
 
(iii)
in paragraph (b), for “that subsection” substitute “those
25
 
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
30
 
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
35
 
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,
40

Page 143

 
(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).
5
 
(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”;
10
 
(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
15
 
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—
20
 
“(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—
 
 
(a)
acquire, hold, manage, reclaim and dispose of land and
 
 
other property;
25
 
(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
30
 
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
35
 
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
40
 
Wales”;
 

Page 144

 
(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
5
 
(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,
10
 
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,
15
 
(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
20
 
(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).”
 
 
(9)
In section 171 (interpretation), at the appropriate place insert—
 
 
““heat networks” has the meaning given by section 216 of the Energy Act
25
 
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 ,”.
30
 
(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—
35
 
(a)
the supply of water, electricity or gas, or
 
 
(b)
the provision of sewerage services or heat networks.”;
 

Page 145

 
(b)
after subsection (6) insert—
 
 
“(7)
In this section “heat networks” has the meaning given by
 
 
section 216 of the Energy Act 2023 .”
 
106
Exercise of transport functions and transfer schemes
 
 
(1)
In the New Towns Act 1981, after section 9 insert—
5
 
“Transport functions relating to new towns in England
 
9A
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
10
 
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
15
 
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
20
 
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.
 
 
(4)
Regulations under subsection (3) may make provision for the function
 
 
to be exercisable by the development corporation either generally or
25
 
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,
30
 
(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
35
 
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
 

Page 146

 
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
5
 
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
10
 
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
15
 
Act).
 
 
“Transfer schemes: general
 
9B
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) .
20
 
(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.
25
 
(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
30
 
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;
35
 
(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
40
 
regulations;
 

Page 147

 
(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
5
 
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—
10
 
(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
15
 
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
20
 
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.
 
 
(2)
If the Secretary of State considers that a relevant transport authority
25
 
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
30
 
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
35
 
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,
40

Page 148

 
(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;
5
 
(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.
10
 
(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)).
15
 
(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
20
 
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
25
 
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
30
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
35
 
transferred, and
 
 
(b)
property acquired, and rights and liabilities arising, after the
 
 
making of the scheme.
 
 
(3)
A transfer scheme may—
 

Page 149

 
(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;
5
 
(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
10
 
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;
15
 
(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
20
 
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—
25
 
(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.”
 

Part 5

30

Compulsory purchase

 
107
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
35
 
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.
 

Page 150

 
(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,
5
 
(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—
10
 
(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
15
 
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
20
 
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
25
 
used it for the purposes of communicating with the sender
 
 
about land subject to the compulsory purchase order or about
 
 
the order itself.
 
 
(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
30
 
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);
35
 
“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
40
 
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.”
 

Page 151

 
(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
5
 
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
10
 
(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,
15
 
or
 
 
(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—
20
 
(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;
25
 
(b)
an email address is also an appropriate one if the person to
 
 
whom the communication is to be sent has previously used it
 
 
for the purposes of communicating with the sender about the
 
 
claim for compensation.
 
 
(7)
A communication sent electronically is, unless the contrary is proved,
30
 
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);
35
 
“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.”
40

Page 152

 
(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
5
 
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
10
 
(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,
15
 
or
 
 
(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—
20
 
(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;
25
 
(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.
 
 
(5)
A communication sent electronically is, unless the contrary is proved,
 
 
to be treated as having been received on the working day immediately
30
 
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
35
 
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:
40
 
public notice), or
 

Page 153

 
(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
5
 
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).
 
108
Required content of newspaper notices
10
 
(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
15
 
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
20
 
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
25
 
a description of the land (see subsection (4)(a)) may be met by briefly
 
 
identifying the land (by giving its postal address or otherwise).”
 
 
(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
30
 
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)—
35
 
(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).”;
40

Page 154

 
(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).”
5
109
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
10
 
(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,
15
 
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
20
 
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.”
25
 
(4)
In subsection (5)—
 
 
(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
30
 
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)—
35
 
(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.”
 

Page 155

110
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—
5
 
““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
10
 
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—
15
 
(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—
20
“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,
 
 
(b)
the acquiring authority considers that, by reason of disrepair,
25
 
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
30
 
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;
35
 
(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
40
 
designed or adapted for a particular use, that use, and
 

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(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
5
 
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;
10
 
“the specified land” means the land specified in the general
 
 
vesting declaration.
 
4B
Expedited procedure: process
 
 
(1)
This section applies where the acquiring authority has executed a
 
 
general vesting declaration under the expedited procedure.
15
 
(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.
20
 
(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.
 
 
(5)
If, at any time between the execution of the general vesting declaration
 
 
and the vesting date, the acquiring authority becomes aware of a
25
 
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).
30
 
(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
35
 
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—
 

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(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
5
 
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
10
 
the period specified in it complies with section 4 (1ZA) (b)
 
 
(period of at least three months from service of notices).”
 
111
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) .
15
 
(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.
20
 
(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—
 
 
(a)
section 7 (other than section 7(1)(c)) and section 8 operate in
25
 
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).
30
 
(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
35
 
(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 ”.
 

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(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
5
 
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)—
10
 
(a)
after “8A” insert “or 8B ”;
 
 
(b)
after “postponement” insert “or advancement”.
 
112
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) .
15
 
(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—
20
 
(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)—
25
 
(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;
30
 
(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.”;
35
 
(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)”;
 

Page 159

 
(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
5
 
Amount per hectare
5
 
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
10
 
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
15
 
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—
20
 
“(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;
25
 
(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
30
 
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—
35
 
(a)
£7,500;
 
 
(b)
£7.50 per square metre (or part of a square metre) of
 
 
the area of the land.
 

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(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—
5
 
“(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,”;
10
 
(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.
15
 
(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—
20
 
(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
25
 
, 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
30
 
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
35
 
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—
40
 
(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
 

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(ii)
authorises the compulsory acquisition of land specifically
 
 
identified in that Act .
 
113
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) .
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
10
 
(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
15
 
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—
20
 
(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
25
 
(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.
 
 
(4)
These are the notices—
 
 
(a)
a notice under section 215 of the Town and Country Planning
30
 
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);
35
 
(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—
40

Page 162

 
(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
5
 
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—
10
 
(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
15
 
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
20
 
(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);
25
 
(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
30
 
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
35
 
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.
40
 
(8)
The appropriate national authority may by regulations amend
 
 
subsections (4) and (5) .
 
 
(9)
In this section—
 
 
“appropriate national authority” means—
 

Page 163

 
(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
5
 
(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
 
(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;
15
 
(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”.
20
 
(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
25
 
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
30
 
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);
35
 
(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
40
 
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
 

Page 164

 
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
5
 
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
10
 
(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;
15
 
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.
20
 
(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—
25
 
(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
30
 
, 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
35
 
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
40
 
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.
 

Page 165

 
(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
5
 
(ii)
authorises the compulsory acquisition of land specifically
 
 
identified in that Act .
 
114
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—
10
 
“(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
15
 
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.”
20
115
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
25
 
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
30
 
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”.
35
 
(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
 

Page 166

 
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)”.
5
 
(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
10
 
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
15
 
ignored))”.
 
116
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—
20
 
“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
25
 
(b)
a description of compulsory purchase orders.
 
 
(3)
An inspector has the same functions as the confirming authority
 
 
under paragraphs 2(1)(b), 3, 4, 5A, 7 and 8.
 
 
(4)
Where an inspector is appointed in relation to a compulsory
 
 
purchase order, the confirming authority must inform—
30
 
(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
35
 
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
40
 
while the inspector is acting in relation to a compulsory purchase
 

Page 167

 
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
5
 
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—
10
 
“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
15
 
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
20
 
made for the purposes of this Schedule (see paragraph 4(1)).”
 
 
(2)
Schedule 2A to the Land Compensation Act 1961 (additional compensation
 
 
where section 14A applied) is amended as follows.
 
 
(3)
After paragraph 1 insert—
 
 
“Power to appoint inspector
25
 
1A
(1)
A confirming authority may appoint a person (“an inspector”) to
 
 
exercise the functions of the confirming authority in relation to an
 
 
application made to it under paragraph 1(2).
 
 
(2)
Where a confirming authority appoints an inspector under
 
 
sub-paragraph (1), the confirming authority must inform—
30
 
(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.
35
 
(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.
40

Page 168

 
(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—
5
 
(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
10
 
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

15

Miscellaneous and general provision

 
117
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”.
20
118
The Crown
 
 
The amendments made by this Act bind the Crown to the extent that the
 
 
provisions amended bind the Crown.
 
119
Extent
 
 
(1)
Subject to subsection (2) , an amendment, repeal or revocation made by this
25
 
Act has the same extent as the provision amended, repealed or revoked.
 
 
(2)
Paragraphs 40 and 44 of Schedule 5 extend to England and Wales only.
 
 
(3)
A provision of this Act, other than an amendment, repeal or revocation,
 
 
extends to England and Wales only, subject to subsections (4) to (6) .
 
 
(4)
The following provisions extend to England and Wales and Scotland—
30
 
(a)
sections 15 to 18 ;
 
 
(b)
section 20 (6) ;
 
 
(c)
section 22 (7) ;
 
 
(d)
section 31 ;
 
 
(e)
section 48 .
35
 
(5)
The following provisions extend to Scotland only—
 

Page 169

 
(a)
section 26 ;
 
 
(b)
section 47 .
 
 
(6)
Section 118 , this section and sections 120 and 121 extend to England and
 
 
Wales, Scotland and Northern Ireland.
 
120
Commencement and transitional provision
5
 
(1)
In Part 1—
 
 
(a)
sections 1 and 2 come into force on such day as the Secretary of State
 
 
may by regulations appoint;
 
 
(b)
section 3 comes into force on the day on which this Act is passed;
 
 
(c)
sections 5 to 10 come into force on such day as the Secretary of State
10
 
may by regulations appoint;
 
 
(d)
section 11 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed;
 
 
(e)
sections 12 to 14 come into force on such day as the Secretary of State
 
 
may by regulations appoint;
15
 
(f)
sections 15 to 19 come into force on the day on which this Act is
 
 
passed;
 
 
(g)
in section 20 —
 
 
(i)
subsections (1) and (2) , subsection (4) so far as it confers powers
 
 
to make regulations, and subsections (5) and (6) come into
20
 
force on the day on which this Act is passed;
 
 
(ii)
subsection (3) , and subsection (4) for remaining purposes, come
 
 
into force at the end of the period of two months beginning
 
 
with the day on which this Act is passed;
 
 
(h)
section 21 comes into force at the end of the period of two months
25
 
beginning with the day on which this Act is passed, except that it
 
 
comes into force on the day on which this Act is passed so far as it
 
 
confers power to make regulations;
 
 
(i)
section 22 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed;
30
 
(j)
sections 23 and 24 come into force on the day on which this Act is
 
 
passed;
 
 
(k)
section 25 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
35
 
Secretary of State may by regulations appoint;
 
 
(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 on the day on which this Act is passed;
40
 
(o)
section 29 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed;
 

Page 170

 
(p)
section 30 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed, except that it
 
 
comes into force on the day on which this Act is passed so far as it
 
 
confers power to make regulations;
 
 
(q)
section 31 comes into force at the end of the period of two months
5
 
beginning with the day on which this Act is passed.
 
 
(r)
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;
 
 
(s)
section 34 comes into force on such day as the Secretary of State may
 
 
by regulations appoint;
10
 
(t)
sections 35 and 36 come into force at the end of the period of two
 
 
months beginning with the day on which this Act is passed;
 
 
(u)
section 37 comes into force on such day as the Secretary of State may
 
 
by regulations appoint;
 
 
(v)
sections 38 to 40 come into force at the end of the period of two
15
 
months beginning with the day on which this Act is passed;
 
 
(w)
in section 41 —
 
 
(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;
20
 
(ii)
subsection (3) comes into force on such day as the Secretary
 
 
of State may by regulations appoint;
 
 
(x)
sections 42 and 43 come into force at the end of the period of two
 
 
months beginning with the day on which this Act is passed;
 
 
(y)
section 44 comes into force on such day as the Secretary of State may
25
 
by regulations appoint;
 
 
(z)
sections 45 and 46 come into force at the end of the period of two
 
 
months beginning with the day on which this Act is passed;
 
 
(z1)
section 47 comes into force on the day on which this Act is passed;
 
 
(z2)
section 48 comes into force at the end of the period of two months
30
 
beginning with the day on which this Act is passed;
 
 
(z3)
section 49 (1) , (4) and (5) come into force at the end of the period of
 
 
two months beginning with the day on which this Act is passed;
 
 
(z4)
section 49 (2) and (3) come into force—
 
 
(i)
in relation to applications made to the Secretary of State, on
35
 
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;
40
 
(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;
 

Page 171

 
and in this paragraph “relevant regulations” means regulations under
 
 
paragraph 9A of Schedule 3 to the Harbours Act 1964 (inserted by
 
 
section 49 (4) );
 
 
(z5)
section 50 comes into force on such day as the Secretary of State may
 
 
by regulations appoint.
5
 
(2)
In Part 2—
 
 
(a)
section 52 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 53 and 54 come into force at the end of the period of two
10
 
months beginning with the day on which this Act is passed;
 
 
(c)
in section 55 —
 
 
(i)
subsection (1) comes into force at the end of the period of two
 
 
months beginning with the day on which this Act is passed;
 
 
(ii)
subsection (2) comes into force on such day as the Secretary
15
 
of State may by regulations appoint;
 
 
(d)
section [section not inserted] comes into force on the day on which
 
 
this Act is passed;
 
 
(e)
in section 56 —
 
 
(i)
subsection (1) comes into force at the end of the period of two
20
 
months beginning with the day on which this Act is passed;
 
 
(ii)
subsection (2) comes into force at the same time as section
 
 
102(1) of the Levelling-up and Regeneration Act 2023;
 
 
(f)
section 57 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed;
25
 
(g)
section 58 comes into force on such day as the Secretary of State may
 
 
by regulations appoint;
 
 
(h)
section 60 (1) , (2) and (3) and Schedule 2 come into force on such day
 
 
as the Secretary of State may by regulations appoint, except that section
 
 
60 (1) comes into force on the day on which this Act is passed so far
30
 
as it confers power to make regulations;
 
 
(i)
section 60 (4) to (8) come into force at the end of the period of two
 
 
months beginning with the day on which this Act is passed.
 
 
(3)
Part 3 (including Schedules 3 , 4 and 5 ) comes into force on such day as the
 
 
Secretary of State may by regulations appoint, except that paragraph 14 (2) of
35
 
Schedule 5 comes into force at the same time as section 106 of the Levelling-up
 
 
and Regeneration Act 2023.
 
 
(4)
Part 4 comes into force on such day as the Secretary of State may by
 
 
regulations appoint.
 
 
(5)
In Part 5—
40
 
(a)
section 107 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed;
 
 
(b)
section 108 comes into force on such day as the Secretary of State may
 
 
by regulations appoint;
 

Page 172

 
(c)
section 109 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed;
 
 
(d)
sections 110 and 111 come into force on such day as the Secretary of
 
 
State may by regulations appoint;
 
 
(e)
sections 112 and 113 come into force at the end of the period of two
5
 
months beginning with the day on which this Act is passed;
 
 
(f)
section 114 comes into force at the same time as section 18 of the
 
 
Neighbourhood Planning Act 2017;
 
 
(g)
in section 115 —
 
 
(i)
subsections (1) , (2) and (5) to (9) come into force at the end of
10
 
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 116 comes into force at the end of the period of two months
15
 
beginning with the day on which this Act is passed.
 
 
(6)
In this Part—
 
 
(a)
section 117 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed;
 
 
(b)
sections 118 to 121 come into force on the day on which this Act is
20
 
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 —
25
 
(a)
are to be made by statutory instrument;
 
 
(b)
may make different provision for different purposes or different areas.
 
121
Short title
 
 
This Act may be cited as the Planning and Infrastructure Act 2025.
 

Page 173

Schedules

 
 
Schedule 1
Section 25
 

Minor and consequential amendments to the

 
 
1
Part 1 of the Electricity Act 1989 (electricity supply) is amended as follows.
 
 
2
(1)
Section 36 (consent required for construction etc of generating stations) is
5
 
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
10
 
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
15
 
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
20
 
Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)”.
 
 
3
(1)
Section 36B (duties in relation to navigation) is amended as follows.
 
 
(2)
In subsection (4)(b)—
 
 
(a)
for “Secretary of State” substitute “appropriate authority”;
 
 
(b)
for “his” substitute “its”.
25
 
(3)
In subsection (7), before the definition of “consent” insert—
 
 
““appropriate authority” has the same meaning as in section 36;”.
 
 
4
In section 36C , for the heading substitute “Application for variation of
 
 
section 36 consent”.
 
 
5
(1)
Section 37 (consent required for overhead lines) is amended as follows.
30
 
(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
35
 
granted by the Secretary of State,”;
 

Page 174

 
(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
5
 
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—
10
 
“(6)
In this section “appropriate authority” means—
 
 
(a)
the Scottish Ministers, in relation to an electric line installed
 
 
above land in Scotland;
 
 
(b)
the Secretary of State in all other cases.”
 
 
6
Schedule 8 to the Electricity Act 1989 (consents of the Secretary of State
15
 
and the Scottish Ministers under sections 36 and 37) is amended as follows.
 
 
7
In paragraph 1 (applications for consent)—
 
 
(a)
in sub-paragraph (1) , after “An application” insert “that is made to
 
 
the Secretary of State”;
 
 
(b)
in sub-paragraph (2), after “application” insert “that is made to the
20
 
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”.
25
 
8
(1)
Paragraph 3 (objections by other persons) is amended as follows.
 
 
(2)
In sub-paragraph (1) —
 
 
(a)
for “Secretary of State”, in each place it occurs, substitute
 
 
“appropriate authority”;
 
 
(b)
in the words after paragraph (d), for “he” substitute “the appropriate
30
 
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 ;”;
35
 
(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”.
40
 
9
(1)
Paragraph 4 (public inquiries) is amended as follows.
 

Page 175

 
(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
5
 
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
10
 
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”.
15
 
(5)
Omit sub-paragraph (5).
 
 
10
(1)
Paragraph 5 (provisions supplementary to paragraphs 2 to 4) is amended
 
 
as follows.
 
 
(2)
In sub-paragraph (1) —
 
 
(a)
in the words before paragraph (a) , after “2(2)” insert “, 2A ”;
20
 
(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
25
 
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”.
30
 
11
(1)
Paragraph 6 (special provision as to consents under section 37) is amended
 
 
as follows.
 
 
(2)
In sub-paragraph (1) —
 
 
(a)
for “Secretary of State”, in each place it occurs, substitute
 
 
“appropriate authority”;
35
 
(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
40
 
“appropriate authority”;
 

Page 176

 
(b)
in paragraph (b) for “his opinion” substitute “the opinion of the
 
 
appropriate authority”.
 
 
12
(1)
Paragraph 7A (generating stations not within areas of relevant planning
 
 
authorities) is amended as follows.
 
 
(2)
In sub-paragraph (6)(a), after “2(2)” insert “, 2A ”.
5
 
(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) —
10
 
(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”.
15
 
(6)
In sub-paragraph (10) , for “Secretary of State” substitute “appropriate
 
 
authority”.
 
 
13
In paragraph 8 (supplemental), in paragraph (1), after “Schedule” insert
 
 
“—
 
 
““appropriate authority” means—
20
 
(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 60 (3)
25

Section

 

Town and Country Planning Act 1990

 
 
1
(1)
Section 303A of the Town and Country Planning Act 1990 (responsibility
 
 
of local planning authorities for costs of holding certain inquiries) is
 
 
amended as follows.
30
 
(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
35
 
development strategy under section 12I or 12P (6) (a) of the Planning
 

Page 177

 
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
5
 
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
10
 
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
15
 
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.”
20
 
(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
25
 
Purchase Act 2004 (see section 12B of that Act), the Secretary of
 
 
State may for the purposes of this section apportion the amount
 
 
that may be recovered in accordance with subsections (4) to (6)
 
 
between the constituent authorities of the board, on such basis as
 
 
the Secretary of State considers just and reasonable.”
30
 
(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

35
 
2
PCPA 2004 is amended as set out in paragraphs 3 to 5 .
 
 
3
In section 15LH (interpretation) (as inserted by Schedule 7 to LURA 2023),
 
 
in subsection (3), in the definition of “spatial development strategy”—
 
 
(a)
in paragraph (b), after “adopted” insert “before Part 1A comes into
 
 
force”;
40

Page 178

 
(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;
5
 
(bb)
a spatial development strategy within the meaning
 
 
of Part 1A (see section 12W (1) );”.
 
 
4
In section 39A (assistance with plan making) (as inserted by section 100 of
 
 
LURA 2023), in subsection (5), after paragraph (b) insert—
 
 
“(ba)
a spatial development strategy within the meaning of Part
10
 
1A (see section 12W (1) );”.
 
 
5
In section 113 (validity of strategies, plans and documents)—
 
 
(a)
in subsection (9)(f) (as inserted by paragraph 23(3)(c) of Schedule 8
 
 
to LURA 2023), after “adopted” insert “before Part 1A comes into
 
 
force”;
15
 
(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
20
 
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
25
 
development strategy within the meaning of that Part
 
 
(see section 12W (1) ), or any alteration or replacement
 
 
of it.”
 

Levelling-up and Regeneration Act 2023

 
 
6
LURA 2023 is amended as set out in paragraphs 7 to 11 .
30
 
7
In section 91 (interpretation of Chapter 1 of Part 3), in the definition of
 
 
“relevant planning authority”, after paragraph (e) insert—
 
 
“(ea)
a strategic planning authority (within the meaning given in
 
 
section 12A of PCPA 2004),”.
 
 
8
In section 97 (plan making), omit “joint spatial development strategies,”.
35
 
9
In section 100 (assistance with plan making), in section 39A of PCPA 2004
 
 
inserted by that section, in subsection (5)(b), omit “or Part 2 of this Act”.
 
 
10
In Schedule 7 (plan making), omit the following provisions substituted for
 
 
sections 15 to 37 of PCPA 2004—
 
 
(a)
sections 15A to 15AI;
40
 
(b)
the italic heading before section 15A;
 

Page 179

 
(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”.
5
 
11
(1)
Schedule 8 (minor and consequential amendments in connection with
 
 
Chapter 2 of Part 3) is amended as follows.
 
 
(2)
In paragraph 7, omit sub-paragraph (2)(a).
 
 
(3)
In paragraph 21(a), in the words substituted for words in section 39(1)(b)
 
 
of PCPA 2004, omit “joint spatial development strategy,”.
10
 
(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
15
 
“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;
20
 
(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—
25
 
(a)
in sub-paragraph (2)(a), in the words substituted for words in
 
 
paragraph (b) of the definition of “land use plan” in regulation
 
 
111(1) of the Habitats Regulations, omit “joint spatial development
 
 
strategy,”;
 
 
(b)
in sub-paragraph (3)(a), omit sub-paragraph (aa) substituted for
30
 
regulation 111(2)(a) and (b) of the Habitats Regulations.
 

Habitats Regulations

 
 
12
(1)
Regulation 111 of the Habitats Regulations (interpretation of Chapter 8) is
 
 
amended as follows.
 
 
(2)
In paragraph (1), in the definition of “land use plan”—
35
 
(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;
40

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(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);
5
 
(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);”.
10
 
(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
15
 
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
20
 
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
25
 
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);”.
30
 
(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
35
 
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”;
40
 
(cc)
the adoption or alteration of a spatial development
 
 
strategy specified in paragraph (ac) of the definition
 
 
of “land use plan”;”.
 

Page 181

Interpretation

 
 
13
In this Schedule—
 
 
“PCPA 2004” means the Planning and Compulsory Purchase Act 2004;
 
 
“LURA 2023” means the Levelling-up and Regeneration Act 2023;
 
 
“Habitats Regulations” means the Conservation of Habitats and Species
5
 
Regulations 2017 (S.I. 2017/1012).
 
 
Schedule 3
Section 74 (4)
 

Environmental delivery plans: effect on environmental obligations

 

Protected sites: assessments under

 
 
1
(1)
Sub-paragraph (2) applies where—
10
 
(a)
an environmental feature identified in an EDP in accordance with
 
 
section 63 (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
15
 
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 .
20

Protected sites: SSSIs

 
 
2
(1)
Sub-paragraph (2) applies where—
 
 
(a)
an environmental feature identified in an EDP in accordance with
 
 
section 63 (1) (a) is a protected feature of an SSSI, and
 
 
(b)
a developer has committed to pay, in respect of a development,
25
 
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—
30
 
(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),
35
 
(c)
section 28H of that Act (statutory undertakers etc: duty in relation
 
 
to carrying out operations),
 

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(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

5
 
3
(1)
Sub-paragraph (2) applies where—
 
 
(a)
an environmental feature identified in an EDP in accordance with
 
 
section 63 (1) (a) is a protected feature of a marine conservation zone,
 
 
and
 
 
(b)
a developer has committed to pay, in respect of a development,
10
 
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—
15
 
(a)
section 125 of the Marine and Coastal Access Act 2009 (general
 
 
duties of public authorities in relation to MCZs) insofar as it applies
 
 
to any function of a public authority of determining an application
 
 
(whenever made) relating to the development, and
 
 
(b)
section 126 of that Act (duties of public authorities in relation to
20
 
certain decisions).
 

Protected species: licences under

 
 
4
(1)
Sub-paragraph (2) applies where—
 
 
(a)
an environmental feature identified in an EDP in accordance with
 
 
section 63 (1) (a) is a species listed in Schedule 2, 4 or 5 of the Habitats
25
 
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.
30
 
(2)
A licence under regulation 55 (1) of the Habitats Regulations 2017 , relating
 
 
to the protected species and on the terms set out in the EDP, is to be treated
 
 
as having been granted to the developer by the relevant licensing body
 
 
(see regulation 58(4A) of those Regulations) .
 

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

35
 
5
(1)
Sub-paragraph (2) applies where—
 
 
(a)
an environmental feature identified in an EDP in accordance with
 
 
section 63 (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,
40
 
such amount of the nature restoration levy set out in a charging
 

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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
5
 
authority (see section 16(8A) and (9) of that Act).
 

Protected species: licences under the

 
 
6
(1)
Sub-paragraph (2) applies where—
 
 
(a)
badgers are identified in an EDP as an environmental feature in
 
 
accordance with section 63 (1) (a) , and
10
 
(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
15
 
terms set out in the EDP, is to be treated as having been granted by Natural
 
 
England to the developer.
 
 
Schedule 4
Section 91 (8)
 

Compulsory acquisition of land under Part 3: supplementary provisions

 

Application of Acquisition of Land Act 1981

20
 
1
(1)
The Acquisition of Land Act 1981 (“ALA 1981”) applies to the compulsory
 
 
acquisition of land under section 91 , 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
25
 
England acting under section 91 .
 
 
2
(1)
Schedule 3 to ALA 1981 applies to the acquisition of new rights under
 
 
section 91 , 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’
30
 
land) does not apply to the acquisition of an interest in land by Natural
 
 
England acting under section 91 .
 

Extinguishment of private rights of way etc

 
 
3
(1)
Sub-paragraph (2) applies where Natural England completes the compulsory
 
 
acquisition of land under section 91 .
35
 
(2)
On completion of the acquisition—
 

Page 184

 
(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 .
5
 
4
Natural England may give a direction before the completion of the
 
 
acquisition that paragraph 3 (2) is not to apply to any right or apparatus
 
 
specified in the direction.
 
 
5
Paragraph 3 (2) is subject to any agreement which may be made (whether
 
 
before or after the completion of the acquisition) between—
10
 
(a)
Natural England, and
 
 
(b)
the person—
 
 
(i)
in whom the right or apparatus concerned is vested, or
 
 
(ii)
to whom it belongs.
 
 
6
(1)
Paragraph 3 (2) does not apply to—
15
 
(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
20
 
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
25
 
of Part 11 of the Town and Country Planning Act 1990; and “undertaking”
 
 
is to be read in accordance with section 262 of that Act (meaning of
 
 
“statutory undertakers”).
 
 
7
(1)
Any person who suffers loss by the extinguishment of a right, or the vesting
 
 
of any apparatus, under paragraph 3 is entitled to compensation from
30
 
Natural England.
 
 
(2)
Any compensation payable under this paragraph is to be determined in
 
 
accordance with the Land Compensation Act 1961.
 

New rights: application of Compulsory Purchase Act 1965

 
 
8
(1)
The Compulsory Purchase Act 1965 (“CPA 1965”) applies to the compulsory
35
 
acquisition of new rights under section 91 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
40
 
(b)
such other modifications as are necessary.
 

Page 185

 
(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,
5
 
according to the requirements of the particular context.
 
 
9
Section 7 of CPA 1965 is to have effect as if for the words of that section
 
 
there were substituted—
 
“7
Measure of compensation in case of acquisition of new right
 
 
(1)
In assessing the compensation to be paid by the acquiring authority
10
 
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.
15
 
(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
20
 
over land is acquired”; and
 
 
(b)
for “acquired or taken from him” there is substituted “over
 
 
which the right is exercisable”.”
 
 
10
(1)
Section 8(1) of CPA 1965 is to have effect as if references to acquiring land
 
 
were to acquiring a right in the land.
25
 
(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

30
 
1
(1)
This Schedule applies where an acquiring authority serve a notice
 
 
to treat in respect of a right over the whole or part of a house,
 
 
building or factory.
 
 
(2)
But see section 2A of the Acquisition of Land Act 1981 (under
 
 
which a compulsory purchase order can exclude from this
35
 
Schedule land that is 9 metres or more below the surface).
 
 
2
In this Schedule “house” includes any park or garden belonging
 
 
to a house.
 

Page 186

Counter-notice requiring purchase of land

 
 
3
A person who is able to sell the house, building or factory (“the
 
 
owner”) may serve a counter-notice requiring the authority to
 
 
purchase the owner’s interest in the house, building or factory.
 
 
4
A counter-notice under paragraph 3 must be served within the
5
 
period of 28 days beginning with the day on which the notice to
 
 
treat was served.
 

Response to counter-notice

 
 
5
On receiving a counter-notice the acquiring authority must decide
 
 
whether to—
10
 
(a)
withdraw the notice to treat,
 
 
(b)
accept the counter-notice, or
 
 
(c)
refer the counter-notice to the Upper Tribunal.
 
 
6
The authority must serve notice of their decision on the owner
 
 
within the period of 3 months beginning with the day on which
15
 
the counter-notice is served (“the decision period”).
 
 
7
If the authority decide to refer the counter-notice to the Upper
 
 
Tribunal they must do so within the decision period.
 
 
8
If the authority do not serve notice of a decision within the
 
 
decision period they are to be treated as if they had served notice
20
 
of a decision to withdraw the notice to treat at the end of that
 
 
period.
 
 
9
If the authority serve notice of a decision to accept the
 
 
counter-notice, the compulsory purchase order and the notice to
 
 
treat are to have effect as if they included the owner’s interest in
25
 
the house, building or factory.
 

Determination by Upper Tribunal

 
 
10
On a referral under paragraph 7 the Upper Tribunal must
 
 
determine whether the acquisition of the right would—
 
 
(a)
in the case of a house, building or factory, cause material
30
 
detriment to the house, building or factory, or
 
 
(b)
in the case of a park or garden, seriously affect the amenity
 
 
or convenience of the house to which the park or garden
 
 
belongs.
 
 
11
In making its determination, the Upper Tribunal must take into
35
 
account—
 
 
(a)
the effect of the acquisition of the right,
 
 
(b)
the proposed use of the right, and
 

Page 187

 
(c)
if the right is proposed to be acquired for works or other
 
 
purposes extending to other land, the effect of the whole
 
 
of the works and the use of the other land.
 
 
12
If the Upper Tribunal determines that the acquisition of the right
 
 
would have either of the consequences described in paragraph
5
 
10 it must determine how much of the house, building or factory
 
 
the authority ought to be required to take.
 
 
13
If the Upper Tribunal determines that the authority ought to be
 
 
required to take some or all of the house, building or factory the
 
 
compulsory purchase order and the notice to treat are to have
10
 
effect as if they included the owner’s interest in that land.
 
 
14
(1)
If the Upper Tribunal determines that the authority ought to be
 
 
required to take some or all of the house, building or factory, the
 
 
authority may at any time within the period of 6 weeks beginning
 
 
with the day on which the Upper Tribunal makes its
15
 
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.
20
 
(3)
Any dispute as to the compensation is to be determined by the
 
 
Upper Tribunal.”
 
 
11
(1)
The provisions of CPA 1965 mentioned in sub-paragraph (2) (which state
 
 
the effect of a deed poll executed in various circumstances where there is
 
 
no conveyance by persons with interests in the land) are to be read as if
25
 
they were modified in accordance with sub-paragraph (3) .
 
 
(2)
The provisions are—
 
 
(a)
section 9(4) (failure of owners to convey),
 
 
(b)
paragraph 10(3) of Schedule 1 (owners under incapacity),
 
 
(c)
paragraph 2(3) of Schedule 2 (absent and untraced owners), and
30
 
(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.
35
 
12
Section 11 of CPA 1965 (powers of entry) is to be read as if it were modified
 
 
so as to secure that, where the acquiring authority have served notice to
 
 
treat in respect of any right as well as the notice required by subsection
 
 
(1) of that section (as it applies to a compulsory acquisition under section
 
 
91 ), they have power, exercisable in the same circumstances and subject to
40
 
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
 

Page 188

 
unauthorised entry) and 13 (entry on enforcement officer’s or sheriff’s
 
 
warrant in the event of obstruction) of that Act are modified accordingly.
 
 
13
Section 20 of CPA 65 (compensation for short-term tenants) is to be read
 
 
as if it were modified so as to secure that persons with such interests as
 
 
are mentioned in that section are compensated in a manner corresponding
5
 
to that in which they would be compensated on a compulsory purchase
 
 
of the interests but taking into account only the extent (if any) of such
 
 
interference with such interests as is actually caused, or likely to be caused,
 
 
by the exercise of the right concerned.
 
 
14
Section 22 of CPA 65 (protection of acquiring authority’s possession of land
10
 
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.
15

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

 
 
15
The Compulsory Purchase (Vesting Declarations) Act 1981 (“CP(VD)A
 
 
1981”) applies to the compulsory acquisition of new rights under section
 
 
91 —
 
 
(a)
with the modifications specified in paragraph 16 ; and
20
 
(b)
with such other modifications as may be necessary.
 
 
16
(1)
The modifications of CP(VD)A 1981 referred to in paragraph 15 (a) are as
 
 
follows.
 
 
(2)
References to CPA 1965 are, in appropriate contexts, to be read (according
 
 
to the requirements of the particular context) as referring to, or as including
25
 
references to—
 
 
(a)
the right acquired or to be acquired; or
 
 
(b)
the land over which the right is, or is to be, exercisable.
 
 
(3)
References to CPA 1965 are to be read as references to that Act as it applies
 
 
to the compulsory acquisition of a right under section 91 .
30
 
(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,
35
 
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
40
 
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
 

Page 189

 
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
5
 
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
10
 
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
15
 
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”.
20

New rights: compensation

 
 
17
(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,
25
 
in relation to the acquisition of new rights under section 91 as they apply
 
 
to compensation for the compulsory purchase of land.
 
 
(2)
Sub-paragraph (1) is without prejudice to the generality of paragraph 8 .
 
 
18
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—
30
 
“(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 4 to the Planning and
35
 
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 4 to
 
 
the Planning and Infrastructure Act 2025) to acquire an
40
 
interest in the land, and
 
 
(c)
the acquiring authority enters on and takes possession of
 
 
that land,
 

Page 190

 
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
5
 
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
10
 
(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 5
Section 98
15

Amendments relating to Part 3

 

Part 1

 

Ramsar sites: amendments to the Habitats Regulations 2017

 
 
1
The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)
 
 
are amended as follows.
20
 
2
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
 
 
1 of article 2 of the Ramsar Convention for inclusion in the
25
 
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
30
 
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
35
 
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
 

Page 191

 
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);
5
 
“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 ;”.
 
 
3
In regulation 24 (assessment of implications for European sites)—
10
 
(a)
after paragraph (2) insert—
 
 
“(2A)
Where it appears to Natural England that a notice of a
 
 
proposal under section 28E(1)(a) of the WCA 1981 relates to an
 
 
operation which is or forms part of a plan or project situated wholly
 
 
in England which—
15
 
(a)
is likely to have a significant effect on a Ramsar site (either
 
 
alone or in combination with other plans or projects), and
 
 
(b)
is not directly connected with or necessary to the
 
 
management of that site,
 
 
it must make an appropriate assessment of the implications for that
20
 
site in view of that site’s conservation objectives.
 
 
(2B)
In the light of the conclusions of the assessment, Natural
 
 
England may give consent for the operation only after having
 
 
ascertained that the plan or project will not adversely affect the
 
 
integrity of the site.”;
25
 
(b)
in the heading, at the end insert “and certain Ramsar sites”.
 
 
4
In regulation 25 (sites of special scientific interest which become European
 
 
sites: duty to review)—
 
 
(a)
in paragraph (1)—
 
 
(i)
after “where” insert “—
30
 
(a)
;
 
 
(ii)
at the end insert “, or
 
 
“(b)
a consent for an operation situated wholly in
 
 
England has been given under section
 
 
28E(3)(a) of the WCA 1981 (or has effect as if
35
 
given under that section) in relation to land
 
 
included in a site of special scientific interest
 
 
which, after the date of that consent, becomes
 
 
land within a Ramsar site.”;
 
 
(b)
in paragraph (3)—
40
 
(i)
in sub-paragraph (a), after “24(1)” insert “or (2A)”;
 
 
(ii)
in sub-paragraph (b), after “24(2)” insert “or (2B)”;
 
 
(c)
in the heading, after “European sites” insert “or Ramsar sites”.
 

Page 192

 
5
In the italic heading before regulation 63, for “and European offshore marine
 
 
sites” substitute “, European offshore marine sites and certain Ramsar sites”.
 
 
6
In regulation 63 (assessment of implications for European sites and European
 
 
offshore marine sites)—
 
 
(a)
after paragraph (1) insert—
5
 
“(1A)
A competent authority, before deciding to undertake, or
 
 
give any consent, permission or other authorisation for, a plan or
 
 
project situated wholly in England which—
 
 
(a)
is likely to have a significant effect on a Ramsar site (either
 
 
alone or in combination with other plans or projects), and
10
 
(b)
is not directly connected with or necessary to the
 
 
management of that site,
 
 
must make an appropriate assessment of the implications of the
 
 
plan or project for that site in view of that site’s conservation
 
 
objectives.”;
15
 
(b)
in paragraph (5), after “European site” insert “, the Ramsar site”;
 
 
(c)
in paragraph (9), for “paragraph (1)” substitute “paragraphs (1) and
 
 
(1A)”;
 
 
(d)
in the heading, for “and European offshore marine sites” substitute
 
 
“, European offshore marine sites and certain Ramsar sites”.
20
 
7
In regulation 64 (considerations of overriding public interest), in paragraph
 
 
(1), after “European site” insert “, the Ramsar site”.
 
 
8
In regulation 65 (review of existing decisions and consents) in paragraph
 
 
(1)—
 
 
(a)
after “European site” insert “, a Ramsar site”;
25
 
(b)
after “63(1)” insert “or (1A)”.
 
 
9
In regulation 67 (co-ordination where more than one competent authority
 
 
involved)—
 
 
(a)
in paragraph (2), after “(1)” insert “or (1A)”;
 
 
(b)
in paragraph (3)(a), after “European site” insert “, a Ramsar site”;
30
 
(c)
in paragraph (3)(b), after “European site” insert “, a Ramsar site”.
 
 
10
In regulation 68—
 
 
(a)
the existing text becomes paragraph (1);
 
 
(b)
at the end insert—
 
 
“(2)
Where in accordance with regulation 64—
35
 
(a)
a plan or project in England is agreed to, notwithstanding
 
 
a negative assessment of the implications for a Ramsar site,
 
 
or
 
 
(b)
a decision, or a consent, permission or other authorisation,
 
 
is affirmed on review, notwithstanding such an assessment,
40

Page 193

 
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.”
 
 
11
In regulation 70 (grant of planning permission)—
 
 
(a)
in paragraph (2), after “European site” insert “, a Ramsar site”;
5
 
(b)
in paragraph (3), after “European site” insert “, a Ramsar site”.
 
 
12
In regulation 72 (planning permission: consideration on review), in
 
 
paragraph (3), after “European site” insert “, a Ramsar site”.
 
 
13
In regulation 73 (planning permission: effect of orders made on review),
 
 
in paragraph (6), after “European site” insert “, a Ramsar site”.
10
 
14
(1)
In regulation 75 (general development orders)—
 
 
(a)
the existing text becomes paragraph (1);
 
 
(b)
at the end insert—
 
 
“(2)
It is a condition of any planning permission granted by a
 
 
general development order made by the Secretary of State on or
15
 
after the day on which this paragraph comes into force that
 
 
development which—
 
 
(a)
is likely to have a significant effect on a Ramsar site (either
 
 
alone or in combination with other plans or projects), and
 
 
(b)
is not directly connected with or necessary to the
20
 
management of the site,
 
 
must not be begun until the developer has received written
 
 
notification of the approval of the local planning authority under
 
 
regulation 77 (approval of local planning authority).”
 
 
(2)
In regulation 75(2) (as inserted by sub-paragraph (1)), after “force” insert
25
 
“or a street vote development order”.
 
 
15
In regulation 76 (general development orders: opinion of appropriate nature
 
 
conservation body), in paragraph (7), for “75(a)” substitute “75(1)(a) or
 
 
(2)(a)”.
 
 
16
In regulation 77 (general development orders: approval of local planning
30
 
authority), in paragraph (6), after “European site” insert “, the Ramsar site”.
 
 
17
In regulation 79 (special development orders), in paragraph (4)(b), after
 
 
“European site” insert “, a Ramsar site”.
 
 
18
In regulation 80 (local development orders), in paragraph (4)(b), after
 
 
“European site” insert “, a Ramsar site”.
35
 
19
In regulation 81 (neighbourhood development orders), in paragraph (4)(b),
 
 
after “European site” insert “, a Ramsar site”.
 
 
20
In regulation 82 (simplified planning zones)—
 

Page 194

 
(a)
after paragraph (2) insert—
 
 
“(2A)
Where a simplified planning zone scheme for an area in
 
 
England is adopted or approved, that scheme is not to be taken to
 
 
grant planning permission for development which—
 
 
(a)
is likely to have a significant effect on a Ramsar site (either
5
 
alone or in combination with other plans or projects), and
 
 
(b)
is not directly connected with or necessary to the
 
 
management of the site,
 
 
unless adopted or approved in accordance with the assessment
 
 
provisions.”;
10
 
(b)
in paragraph (5)(b), after “European site” insert “, a Ramsar site”.
 
 
21
In regulation 83 (enterprise zones)—
 
 
(a)
after paragraph (2) insert—
 
 
“(2A)
Where an order designating an enterprise zone is made for
 
 
an area wholly in England, or where a modified enterprise zone
15
 
scheme is approved for such an area, that order or scheme is not
 
 
to be taken to grant planning permission for development which—
 
 
(a)
is likely to have a significant effect on a Ramsar site (either
 
 
alone or in combination with other plans or projects), and
 
 
(b)
is not directly connected with or necessary to the
20
 
management of the site,
 
 
unless made or approved in accordance with the assessment
 
 
provisions.”;
 
 
(b)
after paragraph (4) insert—
 
 
“(4A)
Paragraph (2A) does not apply to an order made or a
25
 
scheme approved before the day on which this paragraph
 
 
comes into force.”;
 
 
(c)
in paragraph (5)(b), after “European site” insert “, a Ramsar site”.
 
 
22
In regulation 84 (grant of development consent), in paragraph (2), after
 
 
“European site” insert “, a Ramsar site”.
30
 
23
In regulation 85 (development consent: review), in paragraph (1)(a), after
 
 
“European site” insert “, a Ramsar site”.
 
 
24
In regulation 85A (assumptions to be made about nutrient pollution
 
 
standards: general), in paragraph (6)(a), after “63(1)” insert “or (1A)”.
 
 
25
In regulation 87 (construction or improvement of highways or roads), in
35
 
paragraph (2)(b), after “European site” insert “, a Ramsar site”.
 
 
26
In regulation 88 (cycle tracks and other ancillary works), at end insert—
 
 
“(4)
Section 3(10) of that Act is not to be taken to deem planning
 
 
permission to be granted for development wholly in England
 
 
which—
40

Page 195

 
(a)
is likely to have a significant effect on a Ramsar site (either
 
 
alone or in combination with other plans or projects), and
 
 
(b)
is not directly connected with or necessary to the
 
 
management of the site,
 
 
whether or not the development authorised by the permission
5
 
has been begun, unless the competent authority has agreed to
 
 
the plan or project in accordance with the assessment provisions.”
 
 
27
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”;
10
 
(b)
in paragraph (6), after “European site” insert “, a Ramsar site”;
 
 
(c)
in paragraph (8), after “European site” insert “, a Ramsar site”.
 
 
28
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”;
15
 
(b)
in paragraph (3)(a)(ii), after “European site” insert “, a Ramsar site”;
 
 
(c)
in paragraph (4), after “European site” insert “, a Ramsar site”.
 
 
29
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”;
20
 
(b)
in paragraph (3), after “European site” insert “, a Ramsar site”;
 
 
(c)
in paragraph (4), after “European site” insert “, a Ramsar site”.
 
 
30
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”.
25
 
31
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”.
 
 
32
In regulation 103 (marine works)—
30
 
(a)
in paragraph (2), after “European site” insert “, a Ramsar site”;
 
 
(b)
in paragraph (4), after “European site” insert “, a Ramsar site”.
 
 
33
In regulation 104 (derogations in relation to nitrate pollution prevention
 
 
legislation), in paragraph (2), after “European site” insert “, a Ramsar site”.
 
 
34
In regulation 105 (assessment of implications for European sites and
35
 
European offshore marine sites)—
 
 
(a)
after paragraph (1) insert—
 
 
“(1A)
Where a land use plan relating to an area wholly in
 
 
England—
 
 
(a)
is likely to have a significant effect on a Ramsar site (either
40
 
alone or in combination with other plans or projects), and
 

Page 196

 
(b)
is not directly connected with or necessary to the
 
 
management of the site,
 
 
the plan-making authority for that plan must, before the plan is
 
 
given effect, make an appropriate assessment of the implications
 
 
for the site in view of that site’s conservation objectives.”;
5
 
(b)
in paragraph (4), after “European site” insert “, the Ramsar site”;
 
 
(c)
in the heading, for “and European offshore marine sites” substitute
 
 
“, European offshore marine sites and certain Ramsar sites”.
 
 
35
In regulation 106 (assessment of implications for European site:
 
 
neighbourhood development plans)—
10
 
(a)
in paragraph (3), after “European site” insert “or Ramsar site”;
 
 
(b)
in the heading, for “site” substitute “sites and Ramsar sites”.
 
 
36
In regulation 107 (considerations of overriding public interest), in paragraph
 
 
(1), after “European site” insert “, the Ramsar site”.
 
 
37
In regulation 108 (co-ordination for land use plan prepared by more than
15
 
one authority)—
 
 
(a)
in paragraph (2), after “(1)” insert “or (1A)”;
 
 
(b)
in paragraph (3), after “105(1)” insert “or (1A)”;
 
 
(c)
in paragraph (3)(a), after “European site” insert “, a Ramsar site”;
 
 
(d)
in paragraph (3)(b), after “European site” insert “, a Ramsar site”.
20
 
38
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
25
 
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.”
 
 
39
In regulation 110A (assessments under this Chapter: required
 
 
assumptions)—
30
 
(a)
in paragraph (5)(a), after “105(1)” insert “or (1A)”;
 
 
(b)
in paragraph (5)(b), after “105(1)” insert “or (1A)”.
 

Part 2

 

Minor and consequential amendments related to Part 3

 

Wildlife and Countryside Act 1981

35
 
40
(1)
Section 16 of the Wildlife and Countryside Act 1981 (power to grant
 
 
licences) is amended as follows (see also section 119 (2) (extent of this
 
 
paragraph is England and Wales only)).
 

Page 197

 
(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
5
 
Part 3 of the Planning and Infrastructure Act 2025, or
 
 
(b)
a licence that, by virtue of paragraph 5 of Schedule 3 to that
 
 
Act, is treated as having been granted to a developer under
 
 
subsection (3).”
 
 
(3)
After subsection (8) insert—
10
 
“(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.”
15
 
(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

20
 
41
The Town and Country Planning Act 1990 is amended as follows.
 
 
42
In section 74A (deemed discharge of planning conditions), in subsection
 
 
(2A)—
 
 
(a)
after “to” insert “—
 
 
(a)
;
25
 
(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 63 (11) and 97 of that Act).”
 
 
43
In section 100ZA (restrictions on power to impose planning conditions in
30
 
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 63 (11) and 97 of that Act), or
 
 
(b)
.
35

Protection of Badgers Act 1992

 
 
44
(1)
Section 10 of the Protection of Badgers Act 1992 (licences) is amended as
 
 
follows (see also section 119 (2) (extent of this paragraph is England and
 
 
Wales only)).
 

Page 198

 
(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
5
 
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.”
 
 
(3)
After subsection (1) insert—
10
 
“(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.”
15
 
(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
20
 
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—
25
 
“(2A)
In the case of a licence that, by virtue of paragraph 6 of Schedule
 
 
3 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.”
30
 
(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;
35
 
(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.
40

Page 199

 
(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—
5
 
(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.”
 

Marine and Coastal Access Act 2009

 
 
45
(1)
The Marine and Coastal Access Act 2009 is amended as follows.
10
 
(2)
In section 125 (general duties of public authorities in relation to MCZs),
 
 
after subsection (12) insert—
 
 
“(12A)
This section does not apply to the exercise by a public authority of
 
 
functions under or by virtue of Part 3 of the Planning and
 
 
Infrastructure Act 2025 (development and nature recovery).”
15
 
(3)
In section 141 (exceptions to offences under section 139 or 140), in subsection
 
 
(1), after paragraph (a) insert—
 
 
“(aa)
was done by a public authority exercising functions under
 
 
or by virtue of Part 3 of the Planning and Infrastructure Act
 
 
2025 (development and nature recovery);”.
20

Environmental Assessment of Plans and Programmes Regulations 2004

 
 
46
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 21 July 2004), in
 
 
paragraph (5) (plans in relation to which assessments are not required
25
 
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

 
 
47
The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)
30
 
are amended as follows.
 
 
48
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
35
 
(development and nature recovery).”;
 

Page 200

 
(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.”
5
 
49
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
10
 
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 3 to the
 
 
Planning and Infrastructure Act 2025, is treated as having been
 
 
granted to a developer under regulation 55.”
15
 
50
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)
20
 
to (d) of that regulation, to facilitate the carrying out of any
 
 
conservation measures, “relevant licensing body” means the Secretary
 
 
of State.”;
 
 
(c)
in paragraph (3), at the beginning insert “Subject to paragraph (4A),”;
 
 
(d)
after paragraph (4) insert—
25
 
“(4A)
In the case of a licence that, by virtue of paragraph 4 of
 
 
Schedule 3 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—
30
 
(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—
35
 
“(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).”
 

Page 201

 
51
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.
5
 
(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).”
 
 
52
In regulation 63 (assessment of implications for European sites etc), in
 
 
paragraph (7), at the end insert—
10
 
“See also paragraph 1 of Schedule 3 to the Planning and Infrastructure Act
 
 
2025 (environmental delivery plans: effect on environmental obligations).”
 
Amendments

No amendments available.