Planning and Infrastructure Act 2025

Prospective

33 Deadlines for consultation and decisions on certain orders and schemes E+W

(1) Schedule 1 to the Highways Act 1980 (procedures for making or confirming certain orders and schemes) is amended as follows.

(2) In paragraph 1, in sub-paragraph (b), for “6 weeks from the date of the publication of the notice” substitute “the minimum period specified in paragraph 2A”.

(3) After paragraph 2 insert—

“2A The minimum period is—

(a) 30 days from the date of the publication of the notice, in the case of an order proposed by, or submitted to, the Secretary of State;

(b) 6 weeks from the date of the publication of the notice, in the case of an order proposed by, or submitted to, the Welsh Ministers.”

(4) After paragraph 8 insert—

“8A(1) This paragraph applies where the Secretary of State is exercising the functions conferred by paragraph 8.

(2) The Secretary of State must—

(a) decide to make or confirm the proposed order,

(b) decide not to make or confirm the proposed order, or

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

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

(3) Subject to sub-paragraph (4), the relevant day is the day on which any of the following occurs in relation to the proposed order—

(a) the period specified in the notice published under paragraph 1 or (as the case may be) paragraph 5 expires with no qualifying objection having been received by the Secretary of State;

(b) a qualifying objection is withdrawn with the result that no qualifying objections remain live;

(c) the Secretary of State decides under paragraph 7(2) to dispense with an inquiry;

(d) the Secretary of State receives the report of the person who has held a local inquiry.

(4) In a case where—

(a) the Secretary of State has to decide whether to confirm a related compulsory purchase order, and

(b) the relevant day in relation to that compulsory purchase order is later than the relevant day specified in sub-paragraph (3),

the relevant day for the purposes of sub-paragraph (2) is the relevant day in relation to the compulsory purchase order.

(5) The relevant day in relation to a related compulsory purchase order is the day on which the procedure that must be followed before the Secretary of State can decide whether to confirm the order (not including any duty on the Secretary of State to consider certain matters before taking that decision) is completed.

(6) Where the Secretary of State gives notification under paragraph 8(3)(a), the Secretary of State must decide whether or not to make or confirm the proposed order within the period of 10 weeks beginning with the final day of the period specified under paragraph 8(3)(b).

(7) Sub-paragraphs (4) and (5) apply for postponing the first day of the period referred to in sub-paragraph (6) as they apply for postponing the relevant day for the purposes of sub-paragraph (2).

(8) If the Secretary of State has decided to proceed in accordance with paragraph 8(2), sub-paragraphs (2) to (7) of this paragraph apply separately in relation to each part of the proposals that is being given separate consideration.

(9) The Secretary of State may in any particular case, if the Secretary of State considers it appropriate, extend a period that applies under this paragraph.

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

(a) more than once in relation to the same period;

(b) after the expiry of the period.

(11) The Secretary of State must give written notice of any extension—

(a) in a case where the proposed order has already been made, to the authority that made it, and

(b) to each person who has made a qualifying objection and not withdrawn it.

(12) In this paragraph—

• “qualifying objection” means an objection received as described in paragraph 7(1)(a) or (b);

• “related compulsory purchase order”, in relation to a proposed order, means a compulsory purchase order proceedings on which could, by virtue of section 257(1), be taken concurrently with any proceedings under this Schedule on the proposed order.”

(5) In paragraph 10—

(a) the existing text becomes sub-paragraph (1);

(b) in paragraph (b) of that sub-paragraph, for “6 weeks from the date of the publication of the notice” substitute “the minimum period specified in sub-paragraph (2)”;

(c) after that sub-paragraph insert—

“(2) The minimum period is—

(a) 30 days from the date of the publication of the notice, in the case of a scheme proposed by, or submitted to, the Secretary of State;

(b) 6 weeks from the date of the publication of the notice, in the case of a scheme proposed by, or submitted to, the Welsh Ministers.”

(6) After paragraph 15 insert—

“15A(1) This paragraph applies where the Secretary of State is exercising the functions conferred by paragraph 15.

(2) The Secretary of State must—

(a) decide to make or confirm the proposed scheme,

(b) decide not to make or confirm the proposed scheme, or

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

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

(3) Subject to sub-paragraph (4), the relevant day is the day on which any of the following occurs in relation to the proposed scheme—

(a) the period specified in the notice published under paragraph 10 or (as the case may be) paragraph 12 expires with no qualifying objection having been received by the Secretary of State;

(b) a qualifying objection is withdrawn with the result that no qualifying objections remain live;

(c) the Secretary of State decides under paragraph 14(2) to dispense with an inquiry;

(d) the Secretary of State receives the report of the person who has held a local inquiry.

(4) In a case where—

(a) the Secretary of State has to decide whether to confirm a related compulsory purchase order, and

(b) the relevant day in relation to that compulsory purchase order is later than the relevant day specified in sub-paragraph (3),

the relevant day for the purposes of sub-paragraph (2) is the relevant day in relation to the compulsory purchase order.

(5) The relevant day in relation to a related compulsory purchase order is the day on which the procedure that must be followed before the Secretary of State can decide whether to confirm the order (not including any duty on the Secretary of State to consider certain matters before taking that decision) is completed.

(6) Where the Secretary of State gives notification under paragraph 15(3)(a), the Secretary of State must decide whether or not to make or confirm the proposed scheme within the period of 10 weeks beginning with the final day of the period specified under paragraph 15(3)(b).

(7) Sub-paragraphs (4) and (5) apply for postponing the first day of the period referred to in sub-paragraph (6) as they apply for postponing the relevant day for the purposes of sub-paragraph (2).

(8) If the Secretary of State has decided to proceed in accordance with paragraph 15(2), sub-paragraphs (2) to (7) of this paragraph apply separately in relation to each part of the proposals that is being given separate consideration.

(9) The Secretary of State may in any particular case, if the Secretary of State considers it appropriate, extend a period that applies under this paragraph.

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

(a) more than once in relation to the same period;

(b) after the expiry of the period.

(11) The Secretary of State must give written notice of any extension—

(a) in a case where the proposed scheme has already been made, to the authority that made it, and

(b) to each person who has made a qualifying objection and not withdrawn it.

(12) In this paragraph—

• “qualifying objection” means an objection received as described in paragraph 14(1)(a) or (b);

• “related compulsory purchase order”, in relation to a proposed scheme, means a compulsory purchase order proceedings on which could, by virtue of section 257(1), be taken concurrently with any proceedings under this Schedule on the proposed scheme.”

Commencement Information

I1 S. 33 not in force at Royal Assent, see s. 118(1)(s)