Gas Act 1965

SCHEDULE 3 E+W+S Certificates as Respects Planning Permission and Grant of Statutory Licences to Abstract Water

Certificates as respects planning permission E+W+S

1 (1) At any time after an application has been made for the consent of [F1 the Secretary of State] to the carrying out of any controlled operations for which planning permission is required but has not been granted any person concerned may apply to the local planning authority for a certificate under this Schedule as respects those controlled operations. E+W+S

(2) Where such an application is made the local planning authority shall issue to the applicant a certificate stating that planning permission for the carrying out of the controlled operations could, or could not, reasonably have been expected to have been granted if the land had not been comprised in the storage area or protective area.

(3) Where, in the opinion of the local planning authority, planning permission might reasonably have been expected to be granted but would only have been granted subject to conditions, the certificate shall specify those conditions in addition to the other matters required to be contained in the certificate.

(4) On issuing the certificate, the local planning authority shall serve a copy of the certificate on the [F2 public gas supplier].

Textual Amendments

F1 Words substituted by virtue of S.I. 1969/1498, arts. 2(1), 5(6), 1970/1537, arts. 2(2), 7(4) and 1974/692, arts. 2(3), 5(3)

F2 Words substituted by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(2), Sch. 8 para. 33

2 (1) Where the local planning authority have issued a certificate under this Schedule, the applicant for the certificate or the [F3 public gas supplier] may appeal to the planning Minister against the certificate. E+W+S

(2) On the appeal the planning Minister shall consider the matters to which the certificate relates as if the application for the certificate had been made to him in the first instance, and shall either confirm the certificate, or vary it, or cancel it and issue a different certificate in its place, as he may consider appropriate.

(3) Before determining any such appeal the planning Minister shall, if the applicant or the [F3 public gas supplier] so desires, afford to them and to the local planning authority an opportunity of appearing before and being heard by a person appointed by that Minister for the purpose.

(4) Where an application is made to a local planning authority for a certificate under this Schedule, and at the expiry of the time prescribed by regulations made under this Schedule for the issue of the certificate (or, if an extended period is at any time agreed upon in writing by the applicant and the local planning authority, at the end of that period) no certificate has been issued by the local planning authority in accordance with this Schedule, the foregoing provisions of this paragraph shall apply as if the local planning authority had issued a certificate under this Schedule stating that planning permission for the carrying out of the controlled operations could not reasonably have been expected to have been granted.

Textual Amendments

F3 Words substituted by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(2), Sch. 8 para. 33

F4 3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 3 para. 3 repealed (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1, 2), ss. 31(4), 60(6), 84(6), Sch. 6 para. 2, Sch. 12 para. 2, Sch. 19 Pt. II, Pt. IV; which repeal is in force for E & W only by S.I 1991/2067, art. 3 and for S. only by S.I 1991/2092, art. 3, Sch. 1

Certificates as respects statutory licences to abstract water E+W+S

4 (1) At any time after an application has been made for the consent of [F5 the Secretary of State] to the carrying out of any controlled operations for which a statutory licence to abstract water is required but has not been granted any person concerned may [F6 [F7 apply to the appropriate agency for a] certificate under this Schedule as respects those controlled operations.] E+W+S

(2) [F8 Where such an application is [F9 made, the appropriate agency shall]] issue to the applicant a certificate stating that the statutory licence to abstract water required for the carrying out of the controlled operations could, or could not, reasonably have been expected to have been granted if the land had not been comprised in the storage area or protective area.

(3) [F10 Where, in the opinion [F11 of the appropriate agency, a statutory]] licence to abstract water might reasonably have been expected to be granted but would only have been granted subject to conditions, limitations or restrictions, the certificate shall specify those conditions, limitations or restrictions in addition to the other matters required to be contained in the certificate.

(4) [F12 [F13 On issuing the certificate, the appropriate agency] shall] serve a copy of the certificate on the gas authority.

Textual Amendments

F5 Words substituted by virtue of S.I. 1969/1498, arts. 2(1), 5(6), 1970/1537, arts. 2(2), 7(4) and 1974/692, arts. 2(3), 5(3)

F6 Words from “apply to the National Rivers Authority” to “operations.” substituted (E.W.) for the words from “apply to the river authority” to “operations” by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 32(7)(a)(i) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F7 Words in Sch. 3 para. 4(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 38(2)(a) (with Sch. 7)

F8 Words from “Where” to “the National Rivers Authority shall” substituted (E.W.) for words from “Where” to “the river authority shall” by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25, para. 32(7)(a)(ii) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F9 Words in Sch. 3 para. 4(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 38(2)(b) (with Sch. 7)

F10 Words “Where, in the opinion of the National Rivers Authority, a statutory” substituted (E.W.) for words from “Where” to “statutory” by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25, para. 32(7)(a)(iii) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F11 Words in Sch. 3 para. 4(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 38(2)(c) (with Sch. 7)

F12 Words “On issuing the certificate, the National Rivers Authority shall” substituted (E.W.) for words “On issuing the certificate, the river authority shall” by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25, para. 32(7)(a)(iv) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F13 Words in Sch. 3 para. 4(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 38(2)(d) (with Sch. 7)

5 (1) [F14 [F15 Where the appropriate agency] has issued] a certificate under this Schedule, the applicant for the certificate or the gas authority may appeal to the Minister concerned with water resources against the certificate. E+W+S

(2) On the appeal the said Minister shall consider the matters to which the certificate relates as if the application for the certificate had been made to him in the first instance, and shall either confirm the certificate, or vary it, or cancel it and issue a different certificate in its place, as he may consider appropriate.

(3) Before determining any such appeal the said Minister shall, if the applicant or the [F16 public gas supplier] so desires, afford to them [F17 [F18 and to the appropriate agency an] opportunity] of appearing before and being heard by a person appointed by that Minister for the purpose.

(4) [F19 Where an application is [F20 made to the appropriate agency for a] certificate under this Schedule and at the expiry of any period prescribed by regulations under this Schedule (or if an extended period is at any time agreed upon in writing by the [F21 applicant and the appropriate agency, at the end] of that period) no certificate has been [F22 issued by the appropriate agency in accordance] with this Schedule, the foregoing provisions of this paragraph shall apply [F23 as if the appropriate agency had issued]] a certificate under this Schedule stating that the statutory licence to abstract water required for the carrying out of the controlled operations could not reasonably have been expected to be granted.

Textual Amendments

F14 Words “Where the National Rivers Authority has issued” substituted (E.W.) for words “Where the river authority have issued” by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25, para. 32(7)(b)(i) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F15 Words in Sch. 3 para. 5(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 38(3)(a) (with Sch. 7)

F16 Words substituted by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(2), Sch. 8 para. 33

F17 Words “and to the National Rivers Authority an opportunity” substituted (E.W.) for words “and to the river authority an opportunity” by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25, para. 32(7)(b)(ii) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F18 Words in Sch. 3 para. 5(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 38(3)(b) (with Sch. 7)

F19 Words from “Where” to “the National Rivers Authority had issued” substituted (E.W.) for the words from “Where” to “the river authority issued” by Water Act 1989 (c. 15, SIF 130), s. 190(1) Sch. 25, para. 32(7)(b)(iii) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F20 Words in Sch. 3 para. 5(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 38(3)(c)(i) (with Sch. 7)

F21 Words in Sch. 3 para. 5(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 38(3)(c)(ii) (with Sch. 7)

F22 Words in Sch. 3 para. 5(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 38(3)(c)(iii) (with Sch. 7)

F23 Words in Sch. 3 para. 5(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 38(3)(c)(iv) (with Sch. 7)

6 E+W+S In entertaining an application under paragraph 4 of this Schedule, or any appeal under [F24 paragraph 5 of this Schedule, the appropriate agency or as] the case may be the minister concerned with water resources shall, in coming to a decision, apply the principles which would have been applied if the application or the appeal had been an application for a licence under Part IV of the M1 Water Resources Act 1963, or an appeal against a refusal of such a licence, as the case may be.

Textual Amendments

F24 Words in Sch. 3 para. 6 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 38(4) (with Sch. 7)

Marginal Citations

M1 1963 c. 38.(130)

Procedure on application for certificate E+W+S

7 (1) [F25 The Secretary of State]and the planning Minister acting jointly may by regulations contained in a statutory instrument prescribe the manner in which applications are to be made for certificates under this Schedule, and any such regulations may contain such supplemental or incidental provisions as appear to those Ministers to be expedient. E+W+S

(2) The regulations may in particular apply with or without modification any of the provisions of a development order under [F26 the Town and Country Planning Act 1990] or under [F27 the Town and Country Planning (Scotland) Act 1997]or of regulations made under the M2 Water Resources Act 1963.

Textual Amendments

F25 Words substituted by virtue of S.I. 1969/1498, arts. 2(1), 5(6), 1970/1537, arts. 2(2), 7(4) and 1974/692, arts. 2(3), 5(3)

F26 Words substituted by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 12(3)(b)

F27 Words in Sch. 3 para. 7(2) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 10(3)

Modifications etc. (not altering text)

C1 Sch. 3 para. 7 amended by S.I. 1970/1681, Sch. 3 para. 10(2)

Marginal Citations

M2 1963 c. 38.(130)

Interpretation E+W+S

8 E+W+S References in this Schedule to cases of controlled operations for which planning permission or a statutory licence to abstract water is required but has not been granted are references to cases where the planning permission or, as the case may be, the statutory licence to abstract water has not been granted, or has not been granted in the form required for the carrying out of the controlled operations.

[F28 8A E+W+S In this Schedule, “the appropriate agency” means—

(a) in relation to England, the Environment Agency;

(b) in relation to Wales, the Natural Resources Body for Wales.]

Textual Amendments

F28 Sch. 3 para. 8A inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 38(5) (with Sch. 7)

9 E+W+S In the application of this Schedule to Scotland—

(a) for any reference to [F29 section 120 of the Town and Country Planning Act 1990] there shall be substituted a reference to [F30 section 135 of the Town and Country Planning (Scotland) Act 1972]; for any reference to [F31 Part V of the said Act of 1990] there shall be substituted a reference to [F32 Part VII of the said Act of 1972]; and for any reference to [F33 sections 80 and 81 of the said Act of 1990] there shall be substituted references to [F34 sections 35 and 36 of the said Act of 1972];

(b) for paragraphs 4 to 6 there shall be substituted the following paragraphs:—

“4 (1) At any time after an application has been made for the consent of [F35 the Secretary of State]to the carrying out of any controlled operations for which a statutory right to take water is required but has not been granted any person concerned may apply to the Secretary of State for a certificate under this Schedule as respects those controlled operations.

(2) On receiving any such application the Secretary of State shall serve a copy of the application on the gas authority.

(3) Before coming to his decision on the application the Secretary of State shall, if the applicant or the [F36 public gas supplier]so desires, afford to them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

5 (1) Where the Secretary of State decides to grant an application he shall issue to the applicant a certificate stating that the statutory right to take water required for carrying out of the controlled operations could reasonably have been expected to have been granted if the land had not been comprised in the storage area or protective area.

(2) Where, in the opinion of the Secretary of State, a statutory right to take water might reasonably have been expected to have been granted but would only have been granted subject to conditions, limitations or restrictions, the certificate shall specify those conditions, limitations and restrictions in addition to the other matters required to be contained in the certificate.

(3) On issuing the certificate the Secretary of State shall serve a copy of the certificate on the gas authority.

6 In entertaining an application under paragraph 4 of this Schedule the Secretary of State shall, in coming to a decision, apply the principles which would have been applied if the application had been an application for an order approving an agreement to take water under section [F37 17(1)]of the Water (Scotland) Act [F38 1980].”

Textual Amendments

F29 Words substituted by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 12(3)(c)

F30 Words substituted by Town and Country Planning Act (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 21 Pt. II

F31 Words substituted by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 12(3)(c)

F32 Words substituted by Town and Country Planning Act (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 21 Pt. II

F33 Words substituted by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 12(3)(c)

F34 Words substituted by Town and Country Planning Act (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 21 Pt. II

F35 Words substituted by virtue of S.I. 1969/1498, arts. 2(1), 5(6), 1970/1537, arts. 2(2), 7(4) and 1974/692, arts. 2(3), 5(3)

F36 Words substituted by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(2), Sch. 8 para. 33

F37 Word substituted (S.) by Water (Scotland) Act 1980 (c. 45, SIF 130), s. 112(1), Sch. 10 Pt. II

F38 Word substituted (S.) by Water (Scotland) Act 1980 (c. 45, SIF 130), s. 112(1), Sch. 10 Pt. II