Planning Act 2008
Planning Act 2008 (2008 c. 29)
- Planning Act 2008 (2008 c. 29)
- Part 1 Infrastructure planning: fees
- 1 The Infrastructure Planning Commission
- 2 Code of conduct
- 3 Register of Commissioners' interests
- 4 Fees
- Part 2 National policy statements
- 5 National policy statements
- 6 Review
- 6ZA Review: supplementary
- 6A Interpretation of sections 5(4) and 6(7)
- 6B Extension of consideration period under section 5(4A) or 6(7A)
- 7 Consultation and publicity
- 8 Consultation on publicity requirements
- 9 Parliamentary requirements
- 10 Sustainable development
- 11 Suspension pending review
- 12 Pre-commencement statements of policy, consultation etc.
- 13 Legal challenges relating to national policy statements
- Part 3 Nationally significant infrastructure projects
- General
- 14 Nationally significant infrastructure projects: general
- Energy
- 15 Generating stations
- 16 Electric lines
- 17 Underground gas storage facilities
- 18 LNG facilities
- 19 Gas reception facilities
- 20 Gas transporter pipe-lines
- 21 Other pipe-lines
- Transport
- 22 Highways
- 23 Airports
- 24 Harbour facilities
- 25 Railways
- 26 Rail freight interchanges
- Water
- 27 Dams and reservoirs
- 28 Transfer of water resources
- 28A Desalination plants
- Waste water
- 29 Waste water treatment plants
- Waste
- 30 Hazardous waste facilities
- 30A Radioactive waste geological disposal facilities
- Part 4 Requirement for development consent
- 31 When development consent is required
- 32 Meaning of “development”
- 33 Effect of requirement for development consent on other consent regimes
- 34 Welsh offshore generating stations
- 35 Directions in relation to projects of national significance
- 35ZA Directions under sections 35: procedural matters
- 35A Timetable for deciding request for direction under section 35
- 35B Directions disapplying requirement for development consent
- 35C Directions under section 35B: supplementary
- 35D Timetable for deciding request for direction under section 35B
- 36 Amendments consequential on development consent regime
- Part 5 Applications for orders granting development consent
- Chapter 1 Applications
- 37 Applications for orders granting development consent
- 38 Model provisions
- 39 Register of applications
- 40 Applications by the Crown for orders granting development consent
- Chapter 2 Pre-application procedure
- 41 Chapter applies before application is made
- 42 Duty to consult
- 43 Local authorities for purposes of section 42(1)(b)
- 44 Categories for purposes of section 42(1)(d)
- 45 Timetable for consultation under section 42
- 46 Duty to notify Secretary of Stateand others of proposed application
- 47 Duty to consult local community
- 48 Duty to publicise
- 49 Duty to take account of responses to consultation and publicity
- 50 Guidance about pre-application steps
- Chapter 3 Assistance for applicants and others
- 51 Advice for potential applicants and others
- 52 Obtaining information about interests in land
- 53 Rights of entry
- 54 Rights of entry: Crown land
- Chapter 4 Fees
- 54A Power to provide for fees for certain services in relation to nationally significant infrastructure projects
- Part 6 Deciding applications for orders granting development consent
- Chapter 1 Handling of application by Commission
- 55 Acceptance of applications
- 56 Notifying persons of accepted application
- 56A Local authorities for the purposes of sections 56(2)(b) and 60(2)(a)
- 57 Categories for purposes of section 56(2)(d)
- 58 Certifying compliance with section 56
- 59 Notice of persons interested in land to which compulsory acquisition request relates
- 60 Local impact reports
- 61 Initial choice of Panel or single appointed person
- 62 Switching from single appointed person to Panel
- 63 Delegation of functions by person appointed to chair Commission
- Chapter 2 The Panel procedure
- Panels
- 64 Panel for each application to be handled under this Chapter
- 65 Appointment of members, and lead member, of Panel
- 66 Ceasing to be member, or lead member, of Panel
- 67 Panel member continuing though ceasing to be Commissioner
- 68 Additional appointments to Panel
- 69 Replacement of lead member of Panel
- 70 Membership of Panel where application relates to land in Wales
- 71 Supplementary provision where Panel replaces single appointed person
- 72 Panel ceasing to have any members
- 73 Consequences of changes in Panel
- Panel's role in relation to application
- 74 Panel to decide, or make recommendation in respect of, application
- 75 Decision-making by the Panel
- 76 Allocation within Panel of Panel's functions
- 77 Exercise of Panel's powers for examining application
- Chapter 3 The single-appointed-person procedure
- The single appointed person
- 78 Single appointed person to handle application
- 79 Appointment of single appointed person
- 80 Ceasing to be the single appointed person
- 81 Single Commissioner continuing though ceasing to be Commissioner
- 82 Appointment of replacement single appointed person
- Single appointed person’s role in relation to application
- 83 Single appointed person to examine and report on application
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- 84 Report from single Commissioner to be referred to Council
- 85 Decisions made by the Council on the application
- Chapter 4 Examination of applications under Chapter 2 or 3
- 86 Chapter applies to examination by Panel or single appointed person
- 87 Examining authority to control examination of application
- 88 Initial assessment of issues, and preliminary meeting
- 88A Local authorities for the purposes of section 88(3)(d)
- 89 Examining authority's decisions about how application is to be examined
- 90 Written representations
- 91 Hearings about specific issues
- 92 Compulsory acquisition hearings
- 93 Open-floor hearings
- 94 Hearings: general provisions
- 95 Hearings: disruption ...
- 95A Hearings: defence and national security
- 96 Representations not made orally may be made in writing
- 96A Representations from public authorities
- 96B Costs
- 97 Procedure rules
- 98 Timetable for examining, and reporting on, application
- 99 Completion of Examining authority's examination of application
- 100 Assessors
- 101 Legal advice and assistance
- 102 Interpretation of Chapter 4: “interested party” and other expressions
- 102A Persons in certain categories may ask to become interested parties etc
- 102B Categories for the purposes of section 102A
- Chapter 5 Decisions on applications
- 103 Secretary of State is to decide applications
- 104 Decisions in cases where national policy statement has effect
- 105 Decisions in cases where no national policy statement has effect
- 106 Matters that may be disregarded when deciding application
- 107 Timetable for decisions
- Chapter 6 Suspension of decision-making process
- 108 Suspension during review of national policy statement
- Chapter 7 Intervention by Secretary of State
- 109 Intervention: significant change in circumstances
- 110 Intervention: defence and national security
- 111 Intervention: other circumstances
- 112 Power of Secretary of State to intervene
- 113 Effect of intervention
- Chapter 8 Grant or refusal
- 114 Grant or refusal of development consent
- 115 Development for which development consent may be granted
- 116 Reasons for decision to grant or refuse development consent
- 117 Orders granting development consent: formalities
- Chapter 9 Legal challenges
- 118 Legal challenges relating to applications for orders granting development consent
- Chapter 10 Correction of errors
- 119 Correction of errors in development consent decisions
- Part 7 Orders granting development consent
- Chapter 1 Content of orders
- General
- 120 What may be included in order granting development consent
- 121 Proposed exercise of powers in relation to legislation
- Compulsory acquisition
- 122 Purpose for which compulsory acquisition may be authorised
- 123 Land to which authorisation of compulsory acquisition can relate
- 124 Guidance about authorisation of compulsory acquisition
- 125 Application of compulsory acquisition provisions
- 126 Compensation for compulsory acquisition
- 127 Statutory undertakers' land
- 128 Local authority and statutory undertakers' land: general
- 129 Local authority and statutory undertakers' land: acquisition by public body
- 130 National Trust land
- 131 Commons, open spaces etc: compulsory acquisition of land
- 132 Commons, open spaces etc: compulsory acquisition of rights over land
- 133 Rights in connection with underground gas storage facilities
- 134 Notice of authorisation of compulsory acquisition
- Miscellaneous
- 135 Orders: Crown land
- 136 Public rights of way
- 137 Public rights of way: statutory undertakers' apparatus etc.
- 138 Extinguishment of rights, and removal of apparatus, of statutory undertakers etc.
- 139 Common land and rights of common
- 140 Operation of generating stations
- 141 Keeping electric lines installed above ground
- 142 Use of underground gas storage facilities
- 143 Diversion of watercourses
- 144 Highways
- 145 Harbours
- 146 Discharge of water
- 147 Development of Green Belt land
- 148 Deemed consent under section 34 of the Coast Protection Act 1949
- 149 Deemed licences under Part 2 of the Food and Environment Protection Act 1985
- 149A Deemed consent under a marine licence
- 150 Removal of consent requirements
- 151 Liability under existing regimes
- 152 Compensation in case where no right to claim in nuisance
- Chapter 2 Changes to, and revocation of, orders
- 153 Changes to, and revocation of, orders granting development consent
- Chapter 3 General
- 154 Duration of order granting development consent
- 155 When development begins
- 156 Benefit of order granting development consent
- 157 Use of buildings in respect of which development consent granted
- 158 Nuisance: statutory authority
- 159 Interpretation: land and rights over land
- Part 8 Enforcement
- Offences
- 160 Development without development consent
- 161 Breach of terms of order granting development consent
- 162 Time limits
- Rights of entry
- 163 Right to enter without warrant
- 164 Right to enter under warrant
- 165 Rights of entry: supplementary provisions
- 166 Rights of entry: Crown land
- Information notices
- 167 Power to require information
- 168 Offences relating to information notices
- Notices of unauthorised development
- 169 Notice of unauthorised development
- 170 Execution of works required by notice of unauthorised development
- Injunctions
- 171 Injunctions
- Isles of Scilly
- 172 Isles of Scilly
- The relevant local planning authority
- 173 The relevant local planning authority
- Part 9 Changes to existing planning regimes
- Chapter 1 Changes related to development consent regime
- Planning obligations
- 174 Planning obligations
- Blighted land
- 175 Blighted land: England and Wales
- 176 Blighted land: Scotland
- Grants
- 177 Grants for advice and assistance: England and Wales
- 178 Grants for advice and assistance: Scotland
- Chapter 2 Other changes to existing planning regimes
- Regional functions
- 179 Delegation of functions of regional planning bodies
- Local development
- 180 Local development documents
- Climate change
- 181 Regional spatial strategies: climate change policies
- 182 Development plan documents: climate change policies
- Good design
- 183 Good design
- Correction of errors
- 184 Correction of errors in decisions
- Validity of strategies, plans and documents
- 185 Power of High Court to remit strategies, plans and documents
- 186 Power of High Court to remit unitary development plans in Wales
- Determination of applications
- 187 Power to decline to determine applications: amendments
- Planning permission
- 188 Local development orders: removal of requirement to implement policies
- 189 Compensation where development order or local development order withdrawn
- 190 Power to make non-material changes to planning permission
- Validity of planning decisions
- 191 Validity of orders, decisions and directions
- Trees
- 192 Tree preservation orders
- 193 Existing tree preservation orders: transitional provision
- Use of land
- 194 Use of land: power to override easements and other rights
- Statutory undertakers
- 195 Applications and appeals by statutory undertakers
- Determination of procedure
- 196 Determination of procedure for certain proceedings
- Appeals
- 197 Appeals: miscellaneous amendments
- 198 Appeals relating to old mining permissions
- Fees
- 199 Fees for planning applications
- 200 Fees for appeals
- Meaning of “local authority”
- 201 Meaning of “local authority” in planning Acts
- Part 10 Wales
- 202 Powers of National Assembly for Wales
- 203 Power to make provision in relation to Wales
- 204 Wales: transitional provision in relation to blighted land
- Part 11 Community Infrastructure Levy
- 205 The levy
- 206 The charge
- 207 Joint committees
- 208 Liability
- 209 Liability: interpretation of key terms
- 210 Charities
- 211 Amount
- 212 Charging schedule: examination
- 212A Charging schedule: examiner's recommendations
- 213 Charging schedule: approval
- 214 Charging schedule: effect
- 214A Secretary of State: power to require review of certain charging schedules
- 215 Appeals
- 216 Application
- 216A Duty to pass receipts to other persons
- 216B Use of CIL in an area to which section 216A(1) duty does not relate
- 217 Collection
- 218 Enforcement
- 219 Compensation
- 220 Community Infrastructure Levy: procedure
- 221 Secretary of State
- 222 Regulations and orders: general
- 223 Relationship with other powers
- 224 Community Infrastructure Levy: amendments
- 225 Community Infrastructure Levy: repeals
- Part 12 Final provisions
- The Crown and Parliament
- 226 The Crown
- 227 “Crown land” and “the appropriate Crown authority”
- 228 Enforcement in relation to the Crown and Parliament
- Service of notices and other documents
- 229 Service of notices: general
- 230 Service of documents to persons interested in or occupying premises
- 231 Service of notices on the Crown and Parliament
- General
- 232 Orders and regulations
- 233 Directions
- 234 Abbreviated references to Acts
- 235 Interpretation
- 236 Application of Act to Scotland: modifications
- 237 Supplementary and consequential provision
- 237A Variation and replacement of section 33 consents: transitional provision
- 238 Repeals
- 239 Financial provisions
- 240 Extent
- 241 Commencement
- 242 Short title
- SCHEDULES
- SCHEDULE 1 The Infrastructure Planning Commission
- Membership, chair and deputies
- Terms of appointment
- Tenure
- Remuneration etc. of Commissioners
- Council
- Chief executive and staff
- Arrangements for assistance
- Delegation
- Reports
- Funding
- Accounts
- Status
- Validity of proceedings
- Application of seal and proof of instruments
- Parliamentary Commissioner
- Disqualification
- Public records
- Freedom of information
- SCHEDULE 2 Amendments consequential on development consent regime
- Green Belt (London and Home Counties) Act 1938 (c. xciii)
- Pipe-lines Act 1962 (c. 58)
- Harbours Act 1964 (c. 40)
- Gas Act 1965 (c. 36)
- Energy Act 1976 (c. 76)
- Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
- Highways Act 1980 (c. 66)
- Electricity Act 1989 (c. 29)
- Town and Country Planning Act 1990 (c. 8)
- Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
- Planning (Hazardous Substances) Act 1990 (c. 10)
- New Roads and Street Works Act 1991 (c. 22)
- Water Industry Act 1991 (c. 56)
- Transport and Works Act 1992 (c. 42)
- Town and Country Planning (Scotland) Act 1997 (c. 8)
- Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10)
- Housing and Regeneration Act 2008 (c. 17)
- Crossrail Act 2008 (c. 18)
- SCHEDULE 2A Biodiversity gain
- Introductory
- Biodiversity gain statement
- Development covered by an existing national policy statement
- Development not covered by a national policy statement
- Development at sea
- Interpretation
- SCHEDULE 3 Examination of applications by Secretary of State
- Examination of matters by Commission: procedure
- Examination of matters by Secretary of State: procedure
- Rules
- Appointed representatives
- SCHEDULE 4 Correction of errors in development consent decisions
- Correction of errors
- Correction notice
- Effect of a correction
- Interpretation
- SCHEDULE 5 Provision relating to, or to matters ancillary to, development
- Part 1 The matters
- Part 2 Interpretation
- SCHEDULE 6 Changes to, and revocation of, orders granting development consent
- Preliminary
- Non-material changes
- Changes to, and revocation of, orders granting development consent
- Changes to, and revocation of, orders: supplementary
- Compensation
- SCHEDULE 7 Power to decline to determine applications: amendments
- Town and Country Planning Act 1990 (c. 8)
- Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
- Planning and Compulsory Purchase Act 2004 (c. 5)
- SCHEDULE 8 Tree preservation orders: further amendments
- Forestry Act 1967 (c. 10)
- Town and Country Planning Act 1990 (c. 8)
- Planning and Compensation Act 1991 (c. 34)
- SCHEDULE 9 Use of land: power to override easements and other rights
- Local Government, Planning and Land Act 1980 (c. 65)
- New Towns Act 1981 (c. 64)
- Housing Act 1988 (c. 50)
- Town and Country Planning Act 1990 (c. 8)
- Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
- Regional Development Agencies Act 1998 (c. 45)
- SCHEDULE 10 Further provisions as to the procedure for certain proceedings
- Town and Country Planning Act 1990 (c. 8)
- Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
- Planning (Hazardous Substances) Act 1990 (c. 10)
- SCHEDULE 11 Appeals: miscellaneous amendments
- Town and Country Planning Act 1990 (c. 8)
- Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
- Planning (Hazardous Substances) Act 1990 (c. 10)
- SCHEDULE 12 Application of Act to Scotland: modifications
- SCHEDULE 13 Repeals
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