Planning Act 2008

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

(1) This section applies if—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F2 ... development is or forms part of a project[F3 , or proposed 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.

[F4 (4) The Secretary of State may direct the development to be treated as development for which development consent is required.

(4A) If no relevant application has been made, the power under subsection (4) is exercisable only in response to a qualifying request.

(4B) If the Secretary of State gives a direction under subsection (4), the Secretary of State may—

(a) if a relevant application has been made, direct the application to be treated as an application for an order granting development consent;

(b) if a person proposes to make a relevant application, direct the proposed application to be treated as a proposed application for development consent.

(4C) A direction under subsection (4) or (4B) may be given so as to apply for specified purposes or generally.]

(5) A direction under [F5 subsection (4B)] may provide for specified provisions of or made under this or any other Act—

(a) to have effect in relation to the application[F6 , or proposed application,] with any specified modifications, or

(b) to be treated as having been complied with in relation to the application [F7 or proposed application].

(6) If the Secretary of State gives a direction under [F8 subsection (4B)], the relevant authority must refer the application[F9 , or proposed application,] to the [F10 Secretary of State] instead of dealing with it themselves.

(7) If the Secretary of State is considering whether to give a direction under [F11 subsection (4B)], the Secretary of State may direct the relevant authority to take no further action in relation to the application[F12 , or proposed application,] until the Secretary of State has decided whether to give the direction.

(8) The Secretary of State may require [F13 an authority within subsection (8A)] 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.

[F14 (8A) An authority is within this subsection if a relevant application has been, or may be, made to it.]

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

[F15 (10) In this section—

• “qualifying request” means a written request, for a direction under subsection (4) or (4B), that—

  (a)

  specifies the development to which it relates, and

  (b)

  explains why the conditions in subsection (1)(b) and (c) are met in relation to the development;

• “relevant application” means an application, relating to the development, for a consent or authorisation mentioned in section 33(1) or (2);

• “relevant authority”—

  (a)

  in relation to a relevant application that has been made, means the authority to which the application was made, and

  (b)

  in relation to a relevant application that a person proposes to make, means the authority to which the person proposes to make the application.]

Textual Amendments

F1 S. 35(1)(a) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(2)(a), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/628, art. 7

F2 Word in s. 35(1)(b) repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(2)(b)(i), 240(2), Sch. 25 Pt. 21 (with s. 144); S.I. 2012/628, art. 7

F3 Words in s. 35(1)(b) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(2)(b)(ii), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F4 S. 35(4)-(4C) substituted for s. 35(4) (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F5 Words in s. 35(5) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(4)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F6 Words in s. 35(5)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(4)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F7 Words in s. 35(5)(b) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(4)(c), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F8 Words in s. 35(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(5)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F9 Words in s. 35(6) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(5)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F10 Words in s. 35(6) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 4; S.I. 2012/628, art. 7(a)

F11 Words in s. 35(7) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(6)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F12 Words in s. 35(7) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(6)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F13 Words in s. 35(8) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(7), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F14 S. 35(8A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(8), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F15 S. 35(10) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 132(9), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I1 S. 35 in force at 1.3.2010 by S.I. 2010/101, art. 3(c) (with art. 6)