Planning Act 2008

Valid from 01/03/2010

35 Directions in relation to projects of national significance E+W+S

(1) This section applies if—

(a) an application for a consent or authorisation mentioned in section 33(1) or (2) is made to an authority (“the relevant authority”) in relation to development,

(b) the development is or forms part of a project in a field specified in subsection (2),

(c) the development will (when completed) be wholly in one or more of the areas specified in subsection (3), and

(d) the Secretary of State thinks that the project is of national significance, either by itself or when considered with one or more other projects or proposed projects in the same field.

(2) The fields are—

(a) energy;

(b) transport;

(c) water;

(d) waste water;

(e) waste.

(3) 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.

(4) The Secretary of State may direct—

(a) the application to be treated as an application for an order granting development consent, and

(b) the development to which the application relates to be treated as development for which development consent is required,

for specified purposes or generally.

(5) A direction under subsection (4) may provide for specified provisions of or made under this or any other Act—

(a) to have effect in relation to the application with any specified modifications, or

(b) to be treated as having been complied with in relation to the application.

(6) If the Secretary of State gives a direction under subsection (4), the relevant authority must refer the application to the Commission instead of dealing with it themselves.

(7) If the Secretary of State is considering whether to give a direction under subsection (4), the Secretary of State may direct the relevant authority to take no further action in relation to the application until the Secretary of State has decided whether to give the direction.

(8) The Secretary of State may require the relevant authority to provide any information required by the Secretary of State for the purpose of enabling the Secretary of State to decide—

(a) whether to give a direction under subsection (4), and

(b) the terms in which a direction under subsection (4) should be given.

(9) If the Secretary of State decides to give a direction under subsection (4), the Secretary of State must give reasons for the decision.