Planning Act 2008

1. Introductory Text

2. Part 1 Infrastructure planning: fees

   1. 1. The Infrastructure Planning Commission

   2. 2. Code of conduct

   3. 3. Register of Commissioners' interests

   4. 4. Fees

3. Part 2 National policy statements

   1. 5. National policy statements

   2. 6. Review

   3. 6A. Interpretation of sections 5(4) and 6(7)

   4. 6B. Extension of consideration period under section 5(4A) or 6(7A)

   5. 7. Consultation and publicity

   6. 8. Consultation on publicity requirements

   7. 9. Parliamentary requirements

   8. 10. Sustainable development

   9. 11. Suspension pending review

   10. 12. Pre-commencement statements of policy, consultation etc.

   11. 13. Legal challenges relating to national policy statements

4. Part 3 Nationally significant infrastructure projects

   1. General

      1. 14. Nationally significant infrastructure projects: general

   2. Energy

      1. 15. Generating stations

      2. 16. Electric lines

      3. 17. Underground gas storage facilities

      4. 18. LNG facilities

      5. 19. Gas reception facilities

      6. 20. Gas transporter pipe-lines

      7. 21. Other pipe-lines

   3. Transport

      1. 22. Highways

      2. 23. Airports

      3. 24. Harbour facilities

      4. 25. Railways

      5. 26. Rail freight interchanges

   4. Water

      1. 27. Dams and reservoirs

      2. 28. Transfer of water resources

      3. 28A. Desalination plants

   5. Waste water

      1. 29. Waste water treatment plants

   6. Waste

      1. 30. Hazardous waste facilities

      2. 30A. Radioactive waste geological disposal facilities

5. Part 4 Requirement for development consent

   1. 31. When development consent is required

   2. 32. Meaning of “development”

   3. 33. Effect of requirement for development consent on other consent regimes

   4. 34. Welsh offshore generating stations

   5. 35. Directions in relation to projects of national significance

   6. 35ZA. Directions under sections 35: procedural matters

   7. 35A. Timetable for deciding request for direction under section 35

   8. 36. Amendments consequential on development consent regime

6. Part 5 Applications for orders granting development consent

   1. Chapter 1 Applications

      1. 37. Applications for orders granting development consent

      2. 38. Model provisions

      3. 39. Register of applications

      4. 40. Applications by the Crown for orders granting development consent

   2. Chapter 2 Pre-application procedure

      1. 41. Chapter applies before application is made

      2. 42. Duty to consult

      3. 43. Local authorities for purposes of section 42(1)(b)

      4. 44. Categories for purposes of section 42(1)(d)

      5. 45. Timetable for consultation under section 42

      6. 46. Duty to notify Secretary of State of proposed application

      7. 47. Duty to consult local community

      8. 48. Duty to publicise

      9. 49. Duty to take account of responses to consultation and publicity

      10. 50. Guidance about pre-application procedure

   3. Chapter 3 Assistance for applicants and others

      1. 51. Advice for potential applicants and others

      2. 52. Obtaining information about interests in land

      3. 53. Rights of entry

      4. 54. Rights of entry: Crown land

   4. Chapter 4 Fees

      1. 54A. Power to provide for fees for certain services in relation to nationally significant infrastructure projects

7. Part 6 Deciding applications for orders granting development consent

   1. Chapter 1 Handling of application by Commission

      1. 55. Acceptance of applications

      2. 56. Notifying persons of accepted application

      3. 56A. Local authorities for the purposes of sections 56(2)(b) and 60(2)(a)

      4. 57. Categories for purposes of section 56(2)(d)

      5. 58. Certifying compliance with section 56

      6. 59. Notice of persons interested in land to which compulsory acquisition request relates

      7. 60. Local impact reports

      8. 61. Initial choice of Panel or single appointed person

      9. 62. Switching from single appointed person to Panel

      10. 63. Delegation of functions by person appointed to chair Commission

   2. Chapter 2 The Panel procedure

      1. Panels

         1. 64. Panel for each application to be handled under this Chapter

         2. 65. Appointment of members, and lead member, of Panel

         3. 66. Ceasing to be member, or lead member, of Panel

         4. 67. Panel member continuing though ceasing to be Commissioner

         5. 68. Additional appointments to Panel

         6. 69. Replacement of lead member of Panel

         7. 70. Membership of Panel where application relates to land in Wales

         8. 71. Supplementary provision where Panel replaces single appointed person

         9. 72. Panel ceasing to have any members

         10. 73. Consequences of changes in Panel

      2. Panel's role in relation to application

         1. 74. Panel to decide, or make recommendation in respect of, application

         2. 75. Decision-making by the Panel

         3. 76. Allocation within Panel of Panel's functions

         4. 77. Exercise of Panel's powers for examining application

   3. Chapter 3 The single-appointed-person procedure

      1. The single appointed person

         1. 78. Single appointed person to handle application

         2. 79. Appointment of single appointed person

         3. 80. Ceasing to be the single appointed person

         4. 81. Single Commissioner continuing though ceasing to be Commissioner

         5. 82. Appointment of replacement single appointed person

      2. Single appointed person’s role in relation to application

         1. 83. Single appointed person to examine and report on application

      3. 1. 84. Report from single Commissioner to be referred to Council

         2. 85. Decisions made by the Council on the application

   4. Chapter 4 Examination of applications under Chapter 2 or 3

      1. 86. Chapter applies to examination by Panel or single appointed person

      2. 87. Examining authority to control examination of application

      3. 88. Initial assessment of issues, and preliminary meeting

      4. 88A. Local authorities for the purposes of section 88(3)(d)

      5. 89. Examining authority's decisions about how application is to be examined

      6. 90. Written representations

      7. 91. Hearings about specific issues

      8. 92. Compulsory acquisition hearings

      9. 93. Open-floor hearings

      10. 94. Hearings: general provisions

      11. 95. Hearings: disruption, supervision and costs

      12. 95A. Hearings: defence and national security

      13. 96. Representations not made orally may be made in writing

      14. 97. Procedure rules

      15. 98. Timetable for examining, and reporting on, application

      16. 99. Completion of Examining authority's examination of application

      17. 100. Assessors

      18. 101. Legal advice and assistance

      19. 102. Interpretation of Chapter 4: “interested party” and other expressions

      20. 102A. Persons in certain categories may ask to become interested parties etc

      21. 102B. Categories for the purposes of section 102A

   5. Chapter 5 Decisions on applications

      1. 103. Secretary of State is to decide applications

      2. 104. Decisions in cases where national policy statement has effect

      3. 105. Decisions in cases where no national policy statement has effect

      4. 106. Matters that may be disregarded when deciding application

      5. 107. Timetable for decisions

   6. Chapter 6 Suspension of decision-making process

      1. 108. Suspension during review of national policy statement

   7. Chapter 7 Intervention by Secretary of State

      1. 109. Intervention: significant change in circumstances

      2. 110. Intervention: defence and national security

      3. 111. Intervention: other circumstances

      4. 112. Power of Secretary of State to intervene

      5. 113. Effect of intervention

   8. Chapter 8 Grant or refusal

      1. 114. Grant or refusal of development consent

      2. 115. Development for which development consent may be granted

      3. 116. Reasons for decision to grant or refuse development consent

      4. 117. Orders granting development consent: formalities

   9. Chapter 9 Legal challenges

      1. 118. Legal challenges relating to applications for orders granting development consent

   10. Chapter 10 Correction of errors

       1. 119. Correction of errors in development consent decisions

8. Part 7 Orders granting development consent

   1. Chapter 1 Content of orders

      1. General

         1. 120. What may be included in order granting development consent

         2. 121. Proposed exercise of powers in relation to legislation

      2. Compulsory acquisition

         1. 122. Purpose for which compulsory acquisition may be authorised

         2. 123. Land to which authorisation of compulsory acquisition can relate

         3. 124. Guidance about authorisation of compulsory acquisition

         4. 125. Application of compulsory acquisition provisions

         5. 126. Compensation for compulsory acquisition

         6. 127. Statutory undertakers' land

         7. 128. Local authority and statutory undertakers' land: general

         8. 129. Local authority and statutory undertakers' land: acquisition by public body

         9. 130. National Trust land

         10. 131. Commons, open spaces etc: compulsory acquisition of land

         11. 132. Commons, open spaces etc: compulsory acquisition of rights over land

         12. 133. Rights in connection with underground gas storage facilities

         13. 134. Notice of authorisation of compulsory acquisition

      3. Miscellaneous

         1. 135. Orders: Crown land

         2. 136. Public rights of way

         3. 137. Public rights of way: statutory undertakers' apparatus etc.

         4. 138. Extinguishment of rights, and removal of apparatus, of statutory undertakers etc.

         5. 139. Common land and rights of common

         6. 140. Operation of generating stations

         7. 141. Keeping electric lines installed above ground

         8. 142. Use of underground gas storage facilities

         9. 143. Diversion of watercourses

         10. 144. Highways

         11. 145. Harbours

         12. 146. Discharge of water

         13. 147. Development of Green Belt land

         14. 148. Deemed consent under section 34 of the Coast Protection Act 1949

         15. 149. Deemed licences under Part 2 of the Food and Environment Protection Act 1985

         16. 149A.  Deemed consent under a marine licence

         17. 150. Removal of consent requirements

         18. 151. Liability under existing regimes

         19. 152. Compensation in case where no right to claim in nuisance

   2. Chapter 2 Changes to, and revocation of, orders

      1. 153. Changes to, and revocation of, orders granting development consent

   3. Chapter 3 General

      1. 154. Duration of order granting development consent

      2. 155. When development begins

      3. 156. Benefit of order granting development consent

      4. 157. Use of buildings in respect of which development consent granted

      5. 158. Nuisance: statutory authority

      6. 159. Interpretation: land and rights over land

9. Part 8 Enforcement

   1. Offences

      1. 160. Development without development consent

      2. 161. Breach of terms of order granting development consent

      3. 162. Time limits

   2. Rights of entry

      1. 163. Right to enter without warrant

      2. 164. Right to enter under warrant

      3. 165. Rights of entry: supplementary provisions

      4. 166. Rights of entry: Crown land

   3. Information notices

      1. 167. Power to require information

      2. 168. Offences relating to information notices

   4. Notices of unauthorised development

      1. 169. Notice of unauthorised development

      2. 170. Execution of works required by notice of unauthorised development

   5. Injunctions

      1. 171. Injunctions

   6. Isles of Scilly

      1. 172. Isles of Scilly

   7. The relevant local planning authority

      1. 173. The relevant local planning authority

10. Part 9 Changes to existing planning regimes

    1. Chapter 1 Changes related to development consent regime

       1. Planning obligations

          1. 174. Planning obligations

       2. Blighted land

          1. 175. Blighted land: England and Wales

          2. 176. Blighted land: Scotland

       3. Grants

          1. 177. Grants for advice and assistance: England and Wales

          2. 178. Grants for advice and assistance: Scotland

    2. Chapter 2 Other changes to existing planning regimes

       1. Regional functions

          1. 179. Delegation of functions of regional planning bodies

       2. Local development

          1. 180. Local development documents

       3. Climate change

          1. 181. Regional spatial strategies: climate change policies

          2. 182. Development plan documents: climate change policies

       4. Good design

          1. 183. Good design

       5. Correction of errors

          1. 184. Correction of errors in decisions

       6. Validity of strategies, plans and documents

          1. 185. Power of High Court to remit strategies, plans and documents

          2. 186. Power of High Court to remit unitary development plans in Wales

       7. Determination of applications

          1. 187. Power to decline to determine applications: amendments

       8. Planning permission

          1. 188. Local development orders: removal of requirement to implement policies

          2. 189. Compensation where development order or local development order withdrawn

          3. 190. Power to make non-material changes to planning permission

       9. Validity of planning decisions

          1. 191. Validity of orders, decisions and directions

       10. Trees

           1. 192. Tree preservation orders

           2. 193. Existing tree preservation orders: transitional provision

       11. Use of land

           1. 194. Use of land: power to override easements and other rights

       12. Statutory undertakers

           1. 195. Applications and appeals by statutory undertakers

       13. Determination of procedure

           1. 196. Determination of procedure for certain proceedings

       14. Appeals

           1. 197. Appeals: miscellaneous amendments

           2. 198. Appeals relating to old mining permissions

       15. Fees

           1. 199. Fees for planning applications

           2. 200. Fees for appeals

       16. Meaning of “local authority”

           1. 201. Meaning of “local authority” in planning Acts

11. Part 10 Wales

    1. 202. Powers of National Assembly for Wales

    2. 203. Power to make provision in relation to Wales

    3. 204. Wales: transitional provision in relation to blighted land

12. Part 11 Community Infrastructure Levy

    1. 205. The levy

    2. 206. The charge

    3. 207. Joint committees

    4. 208. Liability

    5. 209. Liability: interpretation of key terms

    6. 210. Charities

    7. 211. Amount

    8. 212. Charging schedule: examination

    9. 212A. Charging schedule: examiner's recommendations

    10. 213. Charging schedule: approval

    11. 214. Charging schedule: effect

    12. 214A. Secretary of State: power to require review of certain charging schedules

    13. 215. Appeals

    14. 216. Application

    15. 216A. Duty to pass receipts to other persons

    16. 216B. Use of CIL in an area to which section 216A(1) duty does not relate

    17. 217. Collection

    18. 218. Enforcement

    19. 219. Compensation

    20. 220. Community Infrastructure Levy: procedure

    21. 221. Secretary of State

    22. 222. Regulations and orders: general

    23. 223. Relationship with other powers

    24. 224. Community Infrastructure Levy: amendments

    25. 225. Community Infrastructure Levy: repeals

13. Part 12 Final provisions

    1. The Crown and Parliament

       1. 226. The Crown

       2. 227. “Crown land” and “the appropriate Crown authority”

       3. 228. Enforcement in relation to the Crown and Parliament

    2. Service of notices and other documents

       1. 229. Service of notices: general

       2. 230. Service of documents to persons interested in or occupying premises

       3. 231. Service of notices on the Crown and Parliament

    3. General

       1. 232. Orders and regulations

       2. 233. Directions

       3. 234. Abbreviated references to Acts

       4. 235. Interpretation

       5. 236. Application of Act to Scotland: modifications

       6. 237. Supplementary and consequential provision

       7. 237A. Variation and replacement of section 33 consents: transitional provision

       8. 238. Repeals

       9. 239. Financial provisions

       10. 240. Extent

       11. 241. Commencement

       12. 242. Short title

14. SCHEDULES

    1. SCHEDULE 1

       The Infrastructure Planning Commission

       1. Membership, chair and deputies

          1. 1. (1) The members of the Commission (“Commissioners”) are to be—...

       2. Terms of appointment

          1. 2. Subject to the other provisions of this Schedule, the chair,...

       3. Tenure

          1. 3. (1) The chair, or a deputy or other Commissioner, must...

          2. 4. (1) A person may resign as the chair, or as...

       4. Remuneration etc. of Commissioners

          1. 5. (1) The Commission must pay the Commissioners such remuneration and...

       5. Council

          1. 6. (1) There is to be a body of Commissioners to...

          2. 7. (1) The chair may appoint a Commissioner not within paragraph...

          3. 8. (1) Sub-paragraphs (2) and (3) apply to any function conferred...

          4. 9. (1) Before making or ending an appointment under paragraph 7,...

          5. 10. (1) This paragraph applies where an application referred to the...

       6. Chief executive and staff

          1. 11. (1) The Secretary of State must appoint a person as...

          2. 12. (1) The Commission may appoint such other staff as it...

          3. 13. The terms and conditions of service of the chief executive...

       7. Arrangements for assistance

          1. 14. (1) The Commission may make arrangements with such persons as...

       8. Delegation

          1. 15. (1) The Commission may delegate, to any one or more...

          2. 16. (1) The chief executive may authorise (generally or specifically) any...

       9. Reports

          1. 17. (1) In respect of each financial year the Commission must...

          2. 18. (1) Sub-paragraph (2) applies if the Secretary of State asks...

       10. Funding

           1. 19. (1) The Secretary of State may make such payments to...

       11. Accounts

           1. 20. (1) The Commission must keep accounts in such form as...

       12. Status

           1. 21. (1) The Commission is not to be regarded—

       13. Validity of proceedings

           1. 22. The validity of proceedings of the Commission or the Council...

       14. Application of seal and proof of instruments

           1. 23. (1) The application of the Commission's seal is authenticated by...

       15. Parliamentary Commissioner

           1. 24. In Schedule 2 to the Parliamentary Commissioner Act 1967 (c....

       16. Disqualification

           1. 25. (1) In Part 2 of Schedule 1 to the House...

       17. Public records

           1. 26. In Schedule 1 to the Public Records Act 1958 (c....

       18. Freedom of information

           1. 27. In Part 6 of Schedule 1 to the Freedom of...

    2. SCHEDULE 2

       Amendments consequential on development consent regime

       1. Green Belt (London and Home Counties) Act 1938 (c. xciii)

          1. 1. The Green Belt (London and Home Counties) Act 1938 is...

          2. 2. In section 10 (restriction on erection of buildings) after subsection...

          3. 3. In section 11 (saving for lines, pipes, sewers etc.) after...

          4. 4. In section 12 (erection of buildings for certain statutory purposes)...

       2. Pipe-lines Act 1962 (c. 58)

          1. 5. The Pipe-lines Act 1962 is amended as follows.

          2. 6. (1) Section 1 (cross-country pipe-lines not to be constructed without...

          3. 7. In section 66(1) (general interpretation provisions) in the definition of...

       3. Harbours Act 1964 (c. 40)

          1. 8. The Harbours Act 1964 is amended as follows.

          2. 9. In section 14 (harbour revision orders) after subsection (1) insert—...

          3. 10. In section 16 (harbour empowerment orders) after subsection (3) insert—...

       4. Gas Act 1965 (c. 36)

          1. 11. The Gas Act 1965 is amended as follows.

          2. 12. In section 4 (storage authorisation orders) after subsection (2) insert—...

          3. 13. In section 5 (control of mining and other operations in...

          4. 14. (1) Section 6 (controlled operations: carrying out of works to...

       5. Energy Act 1976 (c. 76)

          1. 15. . . . . . . . . . ....

       6. Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

          1. 16. The Ancient Monuments and Archaeological Areas Act 1979 is amended...

          2. 17. In section 2(1) (offence of executing works affecting scheduled monuments...

          3. 18. In section 28(2) (offence of damaging ancient monuments: exception for...

          4. 19. In section 37 (exemptions from offence under section 35) after...

          5. 20. In section 61(1) (interpretation of Act) at the appropriate place...

       7. Highways Act 1980 (c. 66)

          1. 21. The Highways Act 1980 is amended as follows.

          2. 22. In section 10 (general provision as to trunk roads) after...

          3. 23. In section 14 (powers as respects roads that cross or...

          4. 24. In section 16 (general provision as to special roads) after...

          5. 25. In section 18 (supplementary orders relating to special roads) after...

          6. 26. In section 106 (orders and schemes providing for construction of...

          7. 27. In section 108 (power to divert navigable watercourses) after subsection...

          8. 28. In section 110 (power to divert non-navigable watercourses and to...

          9. 29. (1) Section 329(1) (further provision as to interpretation of Act)...

          10. 30. For section 337 (saving for obligation to obtain planning permission)...

       8. Electricity Act 1989 (c. 29)

          1. 31. The Electricity Act 1989 is amended as follows.

          2. 32. (1) Section 36 (consent for construction etc. of generating stations)...

          3. 33. (1) Section 37 (consent for overhead lines) is amended as...

       9. Town and Country Planning Act 1990 (c. 8)

          1. 34. TCPA 1990 is amended as follows.

          2. 35. In section 57 (planning permission required for development) after subsection...

          3. 36. (1) Section 211 (preservation of trees in conservation areas) is...

          4. 37. In section 336(1) (interpretation) at the appropriate place insert— “development...

       10. Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

           1. 38. The Listed Buildings Act is amended as follows.

           2. 39. (1) Section 7 (restriction on works affecting listed buildings) is...

           3. 40. In section 59(3) (offence relating to acts causing or likely...

           4. 41. In section 74 (control of demolition in conservation areas) after...

       11. Planning (Hazardous Substances) Act 1990 (c. 10)

           1. 42. The Hazardous Substances Act is amended as follows.

           2. 43. In section 9(2)(c) (determination of applications for hazardous substances consent:...

           3. 44. In section 10(1) (conditions on grant of hazardous substances consent)...

           4. 45. (1) Section 12 (deemed hazardous substances consent: government authorisation) is...

           5. 46. In section 14(2)(b) (power to revoke or modify hazardous substances...

           6. 47. In section 39(1) (interpretation) at the appropriate place insert— “development...

       12. New Roads and Street Works Act 1991 (c. 22)

           1. 48. The New Roads and Street Works Act 1991 is amended...

           2. 49. In section 6 (toll orders) after subsection (1) insert—

       13. Water Industry Act 1991 (c. 56)

           1. 50. In section 167(1) of the Water Industry Act 1991 (compulsory...

       14. Transport and Works Act 1992 (c. 42)

           1. 51. The Transport and Works Act 1992 is amended as follows....

           2. 52. In section 1 (orders as to railways, tramways etc.) after...

           3. 53. In section 3 (orders as to inland waterways etc.) after...

       15. Town and Country Planning (Scotland) Act 1997 (c. 8)

           1. 54. The Town and Country Planning (Scotland) Act 1997 is amended...

           2. 55. In section 28 (planning permission required for development) after subsection...

           3. 56. In section 160(6) (tree preservation orders: exemptions) after paragraph (b)...

           4. 57. (1) Section 172 (preservation of trees in conservation areas) is...

           5. 58. In section 277(1) (interpretation) at the appropriate place insert— “development...

       16. Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10)

           1. 59. The Planning (Hazardous Substances) (Scotland) Act 1997 is amended as...

           2. 60. In section 7(2)(c) (determination of applications for hazardous substances consent:...

           3. 61. In section 8(1) (conditions on grant of hazardous substances consent)...

           4. 62. (1) Section 10 (deemed hazardous substances consent: government authorisation) is...

           5. 63. In section 12(2)(b) (power to revoke or modify hazardous substances...

           6. 64. In section 38(1) (interpretation) at the appropriate place insert— “development...

       17. Housing and Regeneration Act 2008 (c. 17)

           1. 65. In section 13(5) of the Housing and Regeneration Act 2008...

       18. Crossrail Act 2008 (c. 18)

           1. 66. (1) Section 48 of the Crossrail Act 2008 (application of...

    3. SCHEDULE 3

       Examination of applications by Secretary of State

       1. Examination of matters by Commission: procedure

          1. 1. (1) This paragraph applies if— (a) the Secretary of State...

       2. Examination of matters by Secretary of State: procedure

          1. 2. (1) This paragraph applies if— (a) the Secretary of State...

       3. Rules

          1. 3. (1) The Lord Chancellor or (if sub-paragraph (2) applies) the...

       4. Appointed representatives

          1. 4. (1) Sub-paragraph (2) applies if the Secretary of State gives...

    4. SCHEDULE 4

       Correction of errors in development consent decisions

       1. Correction of errors

          1. 1. (1) This paragraph applies if— (a) the Secretary of State...

       2. Correction notice

          1. 2. (1) If paragraph 1(5)(a) or (b) applies the Secretary of...

       3. Effect of a correction

          1. 3. (1) If a correction is made in pursuance of paragraph...

       4. Interpretation

          1. 4. In this Schedule— “the applicant” means the person who made...

    5. SCHEDULE 5

       Provision relating to, or to matters ancillary to, development

       1. Part 1 The matters

          1. 1. The acquisition of land, compulsorily or by agreement.

          2. 2. The creation, suspension or extinguishment of, or interference with, interests...

          3. 3. The abrogation or modification of agreements relating to land.

          4. 4. Carrying out specified excavation, mining, quarrying or boring operations in...

          5. 5. The operation of a generating station.

          6. 6. Keeping electric lines installed above ground.

          7. 7. The use of underground gas storage facilities.

          8. 8. The sale, exchange or appropriation of Green Belt land.

          9. 9. Freeing land from any restriction imposed on it by or...

          10. 10. The protection of the property or interests of any person....

          11. 11. The imposition or exclusion of obligations or liability in respect...

          12. 12. Carrying out surveys or taking soil samples.

          13. 13. Cutting down, uprooting, topping or lopping trees or shrubs or...

          14. 14. The removal, disposal or re-siting of apparatus.

          15. 15. Carrying out civil engineering or other works.

          16. 16. The diversion of navigable or non-navigable watercourses.

          17. 17. The stopping up or diversion of highways.

          18. 18. Charging tolls, fares (including penalty fares) and other charges.

          19. 19. The designation of a highway as a trunk road or...

          20. 20. The specification of the classes of traffic authorised to use...

          21. 21. The appropriation of a highway for which the person proposing...

          22. 22. The transfer to the person proposing to construct or improve...

          23. 23. The specification of the highway authority for a highway.

          24. 24. The operation and maintenance of a transport system.

          25. 25. Entering into an agreement for the provision of police services....

          26. 26. The discharge of water into inland waters or underground strata....

          27. 27. Deeming consent under section 34 of the Coast Protection Act...

          28. 28. Deeming any such conditions to have been imposed by the...

          29. 29. Deeming a licence under Part 2 of the Food and...

          30. 30. Deeming any such provisions to have been included in the...

          31. 30A. Deeming a marine licence under Part 4 of the Marine...

          32. 30B. Deeming any such conditions to have been attached to the...

          33. 31. The creation of a harbour authority.

          34. 32. Changing the powers and duties of a harbour authority.

          35. 32A. The making of byelaws by any person and their enforcement....

          36. 32B. (1) The creation of offences within sub-paragraph (2) in connection...

          37. 33. The transfer of property, rights, liabilities, or functions.

          38. 34. The transfer, leasing, suspension, discontinuance and revival of undertakings.

          39. 35. The payment of contributions.

          40. 36. The payment of compensation.

          41. 37. The submission of disputes to arbitration.

          42. 38. The alteration of borrowing limits.

       2. Part 2 Interpretation

          1. 39. (1) This paragraph applies for the purposes of this Schedule....

    6. SCHEDULE 6

       Changes to, and revocation of, orders granting development consent

       1. Preliminary

          1. 1. (1) This paragraph applies for the purposes of this Schedule....

       2. Non-material changes

          1. 2. (1) The Secretary of State may make a change to...

       3. Changes to, and revocation of, orders granting development consent

          1. 3. (1) The Secretary of State may by order make a...

       4. Changes to, and revocation of, orders: supplementary

          1. 4. (1) An application under paragraph 3 must be—

          2. 5. (1) This paragraph applies in relation to the power conferred...

       5. Compensation

          1. 6. (1) This paragraph applies if— (a) in exercise of the...

          2. 7. (1) In this paragraph “compensation for depreciation” means compensation payable...

    7. SCHEDULE 7

       Power to decline to determine applications: amendments

       1. Town and Country Planning Act 1990 (c. 8)

          1. 1. TCPA 1990 is amended as follows.

          2. 2. (1) Section 70A (power of local planning authority to decline...

          3. 3. (1) Section 70B (power of local planning authority to decline...

       2. Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

          1. 4. The Listed Buildings Act is amended as follows.

          2. 5. In section 81A (power of local planning authority to decline...

          3. 6. (1) Section 81B (power of local planning authority to decline...

       3. Planning and Compulsory Purchase Act 2004 (c. 5)

          1. 7. In section 121 of PCPA 2004 (commencement) after subsection (3)...

    8. SCHEDULE 8

       Tree preservation orders: further amendments

       1. Forestry Act 1967 (c. 10)

          1. 1. The Forestry Act 1967 is amended as follows.

          2. 2. (1) Section 15 (trees subject to preservation orders under Planning...

          3. 3. In section 18 (felling directions), in subsection (5) for the...

          4. 4. In section 21 (courses open to person adversely affected by...

          5. 5. In section 35 (interpretation of Part 2) at the appropriate...

          6. 6. (1) Schedule 3 (proceedings under Town and Country Planning Acts...

       2. Town and Country Planning Act 1990 (c. 8)

          1. 7. TCPA 1990 is amended as follows.

          2. 8. In section 198(7) (provisions subject to which section has effect),...

          3. 9. In section 200(1) (tree preservation orders do not affect things...

          4. 10. In section 202(2) (effect of order made by Secretary of...

          5. 11. In section 206(1) (duty to plant replacement tree)—

          6. 12. In section 207(1) (enforcement of duties to replace trees), in...

          7. 13. (1) Section 210 (penalties for non-compliance with tree preservation order)...

          8. 14. In section 211 (preservation of trees in conservation areas)—

          9. 15. In section 212 (power to disapply section 211) omit subsection...

          10. 16. In section 213(1)(b) (duty to plant replacement tree in conservation...

          11. 17. In section 284(3)(h)(i) (decision relating to an application for consent...

          12. 18. In section 329(3B)(i) (section 329(1)(cc) does not apply to things...

          13. 19. In section 336(1) (interpretation) at the appropriate place insert— “tree...

       3. Planning and Compensation Act 1991 (c. 34)

          1. 20. (1) Part 1 of Schedule 18 to the Planning and...

    9. SCHEDULE 9

       Use of land: power to override easements and other rights

       1. Local Government, Planning and Land Act 1980 (c. 65)

          1. 1. (1) Paragraph 6 of Schedule 28 to the Local Government,...

       2. New Towns Act 1981 (c. 64)

          1. 2. (1) Section 19 of the New Towns Act 1981 (power...

       3. Housing Act 1988 (c. 50)

          1. 3. (1) Paragraph 5 of Schedule 10 to the Housing Act...

       4. Town and Country Planning Act 1990 (c. 8)

          1. 4. (1) Section 237 of TCPA 1990 (power to override easements...

       5. Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

          1. 5. (1) Paragraph 5 of Schedule 20 to the Leasehold Reform,...

       6. Regional Development Agencies Act 1998 (c. 45)

          1. 6. . . . . . . . . . ....

    10. SCHEDULE 10

        Further provisions as to the procedure for certain proceedings

        1. Town and Country Planning Act 1990 (c. 8)

           1. 1. TCPA 1990 is amended as follows.

           2. 2. In section 77 (reference of applications to Secretary of State)...

           3. 3. In section 78(5) (appeals against failure to take planning decisions)—...

           4. 4. In section 79 (determination of appeals under section 78) for...

           5. 5. In section 175 (supplementary provisions about appeals against enforcement notices)...

           6. 6. In section 176(4) (determination of appeals: disapplication of section 175(3))—...

           7. 7. In section 195(5) (appeals against failure to give decision on...

           8. 8. (1) Amend section 196 (further provision as to appeals to...

           9. 9. (1) Amend section 208 (appeals against notices under section 207)...

           10. 10. In section 322 (orders as to costs of parties where...

           11. 11. In section 322A (orders as to costs: supplementary) after subsection...

           12. 12. (1) Amend section 323 (procedure on certain appeals and applications)...

           13. 13. (1) Amend section 333 (regulations and orders) as follows.

           14. 14. (1) Amend Schedule 6 (determination of certain appeals by person...

        2. Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

           1. 15. The Listed Buildings Act is amended as follows.

           2. 16. In section 12 (reference of applications to Secretary of State)...

           3. 17. In section 20(4) (right of appeal in case of failure...

           4. 18. (1) Amend section 22 (determination of appeals under section 20)...

           5. 19. In section 40 (supplementary provisions about appeals against listed building...

           6. 20. In section 41(4) (determination of appeals: disapplication of section 40(2))—...

           7. 21. In section 74(3) (application of certain provisions in relation to...

           8. 22. In section 89 (application of certain general provisions of TCPA...

           9. 23. (1) Amend section 93 (regulations and orders) as follows.

           10. 24. (1) Amend Schedule 3 (determination of certain appeals by person...

        3. Planning (Hazardous Substances) Act 1990 (c. 10)

           1. 25. The Hazardous Substances Act is amended as follows.

           2. 26. In section 20 (reference of applications to Secretary of State)...

           3. 27. In section 21 (appeals against decisions or failure to take...

           4. 28. In section 25(1) (appeals against hazardous substances contravention notices)—

           5. 29. In section 37 (application of certain general provisions of TCPA...

           6. 30. (1) Amend the Schedule (determination of appeals by person appointed...

    11. SCHEDULE 11

        Appeals: miscellaneous amendments

        1. Town and Country Planning Act 1990 (c. 8)

           1. 1. TCPA 1990 is amended as follows.

           2. 2. In section 78 (appeals against planning decisions and failure to...

           3. 3. In section 195 (appeals against refusal or failure to give...

           4. 4. (1) Section 208 (appeals against notices under section 207) is...

        2. Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

           1. 5. In section 21 of the Listed Buildings Act (appeals: supplementary...

        3. Planning (Hazardous Substances) Act 1990 (c. 10)

           1. 6. In section 21 of the Hazardous Substances Act (appeals against...

    12. SCHEDULE 12

        Application of Act to Scotland: modifications

        1. 1. Section 5(10) applies as if the reference to Part 11...

        2. 2. Section 14 applies as if— (a) in subsection (1)—

        3. 3. Section 32 applies as if— (a) in subsection (1)—

        4. 4. Section 33 applies as if— (a) in subsection (1)—

        5. 5. Section 44 applies as if— (a) in subsection (2)(b), the...

        6. 6. Section 52 applies as if— (a) in subsection (2)(c), the...

        7. 7. Section 53 applies as if— (za) in subsection (1A), the...

        8. 8. Section 57 applies as if— (a) in subsection (2)(b), the...

        9. 9. Section 58 applies as if— (a) for subsection (6) there...

        10. 9A. Section 102B applies as if— (a) in subsection (2)(b), the...

        11. 10. Section 120(6) applies as if the references to an Act...

        12. 11. Section 127(8) applies as if, for the definition of “statutory...

        13. 12. Section 128(5) applies as if— (a) in the definition of...

        14. 13. . . . . . . . . . ....

        15. 14. Section 130 applies as if— (a) in subsection (4), the...

        16. 15. Section 131 applies as if— (a) in subsection (1), for...

        17. 16. Section 132 applies as if— (a) in subsection (1), for...

        18. 17. Section 134 applies as if— (a) for subsection (4) there...

        19. 18. Section 138(4A) applies as if the reference to Part 11...

        20. 19. Section 151 applies as if— (a) for paragraph (c), there...

        21. 20. Section 152 applies as if— (a) in subsection (4), the...

        22. 21. Section 164 applies as if the references to a justice...

        23. 22. Section 165 applies as if— (a) in subsection (4), the...

        24. 23. Section 170 applies as if— (a) in subsection (3)—

        25. 24. Section 171 applies as if— (a) the references to an...

        26. 25. Section 229(5) applies as if the reference to section 233...

        27. 26. Section 235 applies as if— (a) for the definition of...

        28. 27. Part 1 of Schedule 5 applies as if paragraphs 4...

    13. SCHEDULE 13

        Repeals