Planning Act 2008

14 Nationally significant infrastructure projects: general E+W+S

(1) In this Act “nationally significant infrastructure project” means a project which consists of any of the following—

(a) the construction or extension of a generating station;

(b) the installation of an electric line above ground;

(c) development relating to underground gas storage facilities;

(d) the construction or alteration of an LNG facility;

(e) the construction or alteration of a gas reception facility;

(f) the construction of a pipe-line by a gas transporter;

(g) the construction of a pipe-line other than by a gas transporter;

(h) highway-related development;

(i) airport-related development;

(j) the construction or alteration of harbour facilities;

(k) the construction or alteration of a railway;

(l) the construction or alteration of a rail freight interchange;

(m) the construction or alteration of a dam or reservoir;

(n) development relating to the transfer of water resources;

[F1 (na) the construction or alteration of a desalination plant;]

(o) the construction or alteration of a waste water treatment plant [F2 or of infrastructure for the transfer or storage of waste water] ;

(p) the construction or alteration of a hazardous waste facility [F3 ;

(q) development relating to a radioactive waste geological disposal facility.]

(2) Subsection (1) is subject to sections 15 to [F4 30A] .

(3) The Secretary of State may by order—

(a) amend subsection (1) to add a new type of project or vary or remove an existing type of project;

(b) make further provision, or amend or repeal existing provision, about the types of project which are, and are not, within subsection (1).

[F5 (3A) An order under subsection (3)(a) may also amend section 6(7)(a) of the Public Order Act 2023 (obstruction etc of major transport works).]

(4) An order under subsection (3)(b) may amend this Act.

(5) The power conferred by subsection (3) may be exercised to add a new type of project to subsection (1) only if—

(a) a project of the new type is a project for the carrying out of works in one or more of the fields specified in subsection (6), and

(b) the works are to be carried out wholly in one or more of the areas specified in subsection (7).

(6) The fields are—

(a) energy;

(b) transport;

(c) water;

(d) waste water;

(e) waste.

(7) The areas are—

(a) England;

(b) waters adjacent to England up to the seaward limits of the territorial sea;

(c) in the case 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.

Textual Amendments

F1 S. 14(1)(na) inserted (9.1.2019) by The Infrastructure Planning (Water Resources) (England) Order 2019 (S.I. 2019/12), arts. 1(1), 2(2) (with arts. 3-5)

F2 Words in s. 14(1)(o) added (23.6.2012) by The Infrastructure Planning (Waste Water Transfer and Storage) Order 2012 (S.I. 2012/1645), arts. 1(1), 2(2) (with art. 3)

F3 S. 14(1)(q) inserted (27.3.2015) by The Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015 (S.I. 2015/949), arts. 1(1), 2(2)(a)

F4 Word in s. 14(2) substituted (27.3.2015) by The Infrastructure Planning (Radioactive Waste Geological Disposal Facilities) Order 2015 (S.I. 2015/949), arts. 1(1), 2(2)(b)

F5 S. 14(3A) inserted (2.7.2023) by Public Order Act 2023 (c. 15), ss. 6(10), 35(5); S.I. 2023/733, reg. 2(d)

Commencement Information

I1 S. 14 partly in force; s. 14 in force for certain purposes at Royal Assent see s. 241

I2 S. 14(1)(a)-(l) (2)-(7) in force at 1.3.2010 by S.I. 2010/101, art. 3(a) (with art. 6)

I3 S. 14(1)(m) in force at 1.1.2018 for E. in so far as not already in force by S.I. 2017/1078, art. 2(a)

I4 S. 14(1)(n) in force at 1.1.2018 for E. in so far as not already in force by S.I. 2017/1078, art. 2(b)

I5 S. 14(1)(o) in force at 6.4.2011 for E.W. by S.I. 2011/705, art. 2

I6 S. 14(1)(p) in force at 1.10.2011 by S.I. 2011/2054, art. 2(a)