Planning Act 2008

• Citation: 2008 c. 29
• Sections: 510

Section 1 The Infrastructure Planning Commission

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Section 2 Code of conduct

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Section 3 Register of Commissioners' interests

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Section 4 Fees

(1) The Secretary of State may make regulations providing for the charging of fees by the Secretary of State in connection with the performance of any of the Secretary of State's major-infrastructure functions .

(2) Regulations under subsection (1) may in particular make provision—

(a) about when a fee (including a supplementary fee) may, and may not, be charged;

(b) about the amount which may be charged;

(c) about what may, and may not, be taken into account in calculating the amount charged;

(d) about who is liable to pay a fee charged;

(e) about when a fee charged is payable;

(f) about the recovery of fees charged;

(g) about waiver, reduction or repayment of fees;

(h) about the effect of paying or failing to pay fees charged;

(i) for the supply of information for any purpose of the regulations.

(3) The regulations may provide for the amounts of fees to be calculated by reference to costs incurred by the Secretary of State —

(a) in the performance of any of the Secretary of State's major-infrastructure functions , and

(b) in doing anything which is calculated to facilitate, or is conducive or incidental to, the performance of any of the Secretary of State's major-infrastructure functions .

(4) In this section “ the Secretary of State's major-infrastructure functions ” means—

(a) the Secretary of State's functions under Parts 2 to 8 and under Part 12 so far as applying for the purposes of those Parts,

(b) the giving of advice to which section 51 applies, and

(c) the Secretary of State's functions, in relation to proposed applications for orders granting development consent, under statutory provisions implementing—

(i) Council Directive 85/337/ EC on the assessment of the effects of certain public and private projects on the environment, as amended from time to time, or

(ii) provisions of an EU instrument which from time to time replace provisions of that Directive.

(5) In subsection (4)(c) “ statutory provision ” means a provision of an Act or of an instrument made under an Act.

Section 5 National policy statements

(1) The Secretary of State may designate a statement as a national policy statement for the purposes of this Act if the statement—

(a) is issued by the Secretary of State, and

(b) sets out national policy in relation to one or more specified descriptions of development.

(2) In this Act “ national policy statement ” means a statement designated under subsection (1) as a national policy statement for the purposes of this Act.

(3) Before designating a statement as a national policy statement for the purposes of this Act the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the statement.

(4) A statement may be designated as a national policy statement for the purposes of this Act only if the consultation and publicity requirements set out in section 7, and the parliamentary requirements set out in section 9, have been complied with in relation to it and—

(a) the consideration period for the statement has expired without the House of Commons resolving during that period that the statement should not be proceeded with, or

(b) the statement has been approved by resolution of the House of Commons—

(i) after being laid before Parliament under section 9(8), and

(ii) before the end of the consideration period.

(4A) In subsection (4) “ the consideration period ”, in relation to a statement, means the period of 21 sitting days beginning with the first sitting day after the day on which the statement is laid before Parliament under section 9(8), and here “ sitting day ” means a day on which the House of Commons sits.

(5) The policy set out in a national policy statement may in particular—

(a) set out, in relation to a specified description of development, the amount, type or size of development of that description which is appropriate nationally or for a specified area;

(b) set out criteria to be applied in deciding whether a location is suitable (or potentially suitable) for a specified description of development;

(c) set out the relative weight to be given to specified criteria;

(d) identify one or more locations as suitable (or potentially suitable) or unsuitable for a specified description of development;

(e) identify one or more statutory undertakers as appropriate persons to carry out a specified description of development;

(f) set out circumstances in which it is appropriate for a specified type of action to be taken to mitigate the impact of a specified description of development.

(6) If a national policy statement sets out policy in relation to a particular description of development, the statement must set out criteria to be taken into account in the design of that description of development.

(7) A national policy statement must give reasons for the policy set out in the statement.

(8) The reasons must (in particular) include an explanation of how the policy set out in the statement takes account of Government policy relating to the mitigation of, and adaptation to, climate change.

(9) The Secretary of State must—

(a) arrange for the publication of a national policy statement, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this section “ statutory undertakers ” means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of TCPA 1990.

Section 6 Review

(1) The Secretary of State—

(a) must review each national policy statement whenever the Secretary of State thinks it appropriate to do so, and

(b) in any event, must carry out a full review of each national policy statement at times that enable the Secretary of State to comply with subsection (5A).

(2) A review may relate to all or part of a national policy statement , and in this section a “ full review ” means a single review relating to all of a national policy statement .

(3) In deciding when to review a national policy statement the Secretary of State must consider whether—

(a) since the time when the statement was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the statement was decided,

(b) the change was not anticipated at that time, and

(c) if the change had been anticipated at that time, any of the policy set out in the statement would have been materially different.

(4) In deciding when to review part of a national policy statement (“ the relevant part ”) the Secretary of State must consider whether—

(a) since the time when the relevant part was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part was decided,

(b) the change was not anticipated at that time, and

(c) if the change had been anticipated at that time, any of the policy set out in the relevant part would have been materially different.

(4A) Whenever the Secretary of State decides to review a national policy statement, the Secretary of State must lay a statement before Parliament announcing the review.

(5) After completing a review of all or part of a national policy statement the Secretary of State must do one of the following—

(a) amend the statement;

(b) withdraw the statement's designation as a national policy statement;

(c) leave the statement as it is.

(5A) But, unless and until a statement’s designation as a national policy statement is withdrawn—

(a) the Secretary of State must amend each national policy statement within the initial period (see section 6ZA), and

(b) the Secretary of State must subsequently amend each national policy statement at intervals of no more than five years.

(5B) An amendment of a national policy statement counts for the purposes of subsection (5A) only if the amendment arises from a full review of the statement.

(5C) An amendment of a national policy statement that is required by subsection (5A) to be made by a certain time may be delayed beyond that time only if and for so long as exceptional circumstances exist which, in the opinion of the Secretary of State, make the delay unavoidable.

(5D) In that case the Secretary of State must, before the deadline for amending the national policy statement, lay a statement before Parliament explaining the reasons for the extension and stating when the Secretary of State expects to amend the national policy statement.

(6) Before amending a national policy statement the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the proposed amendment.

(7) The Secretary of State may amend a national policy statement only if the consultation and publicity requirements set out in section 7, and the parliamentary requirements set out in section 9, have been complied with in relation to the proposed amendment and—

(a) the consideration period for the amendment has expired without the House of Commons resolving during that period that the amendment should not be proceeded with, or

(b) the amendment has been approved by resolution of the House of Commons—

(i) after being laid before Parliament ... , and

(ii) before the end of the consideration period.

(7A) In subsection (7) “ the consideration period ”, in relation to an amendment, means the period of 21 sitting days beginning with the first sitting day after the day on which the amendment is laid before Parliament ... , and here “ sitting day ” means a day on which the House of Commons sits.

(8) Subsections (6) to (7A) do not apply if the Secretary of State thinks that the proposed amendment (taken with any other proposed amendments) does not materially affect the policy as set out in the national policy statement.

(9) If the Secretary of State amends a national policy statement, the Secretary of State must—

(a) arrange for the amendment, or the statement as amended, to be published, and

(b) lay the amendment, or the statement as amended, before Parliament.

(10) In subsections (7)(b)(i) and (7A), references to an amendment being laid before Parliament are references to—

(a) in the case of an amendment that is, or is included in, a proposal to which subsections (4) to (8) of section 9 do not apply (see section 9(8A)), the amendment being laid under section 9(2);

(b) in any other case, the amendment being laid under section 9(8).

Section 6A Interpretation of sections 5(4) and 6(7)

(1) This section applies for the purposes of section 5(4) and 6(7).

(2) The consultation and publicity requirements set out in section 7 are to be treated as having been complied with in relation to a statement or proposed amendment (“the final proposal”) if—

(a) they have been complied with in relation to a different statement or proposed amendment (“the earlier proposal”),

(b) the final proposal is a modified version of the earlier proposal, and

(c) the Secretary of State thinks that the modifications do not materially affect the policy as set out in the earlier proposal.

(3) The consultation and publicity requirements set out in section 7 are also to be treated as having been complied with in relation to a statement or proposed amendment (“the final proposal”) if—

(a) they have been complied with—

(i) in relation to a different statement or proposed amendment (“the earlier proposal”), and

(ii) in relation to modifications of the earlier proposal (“the main modifications”),

(b) the final proposal is a modified version of the earlier proposal, and

(c) there are no modifications other than the main modifications or, where the modifications include modifications other than the main modifications, the Secretary of State thinks that those other modifications do not materially affect the policy as set out in the earlier proposal modified by the main modifications.

(4) If section 9(8) has been complied with in relation to a statement or proposed amendment (“the final proposal”), the parliamentary requirements set out in section 9(2) to (7) are to be treated as having been complied with in relation to the final proposal where—

(a) the final proposal is not the same as what was laid under section 9(2), but

(b) those requirements have been complied with in relation to what was laid under section 9(2).

(5) Ignore any corrections of clerical or typographical errors in what was laid under section 9(8).

Section 6B Extension of consideration period under section 5(4A) or 6(7A)

(1) The Secretary of State may—

(a) in relation to a proposed national policy statement, extend the period mentioned in section 5(4A), or

(b) in relation to a proposed amendment of a national policy statement, extend the period mentioned in section 6(7A),

by 21 sitting days or less.

(2) The Secretary of State does that by laying before the House of Commons a statement—

(a) indicating that the period is to be extended, and

(b) setting out the length of the extension.

(3) The statement under subsection (2) must be laid before the period would have expired without the extension.

(4) The Secretary of State must publish the statement under subsection (2) in a way the Secretary of State thinks appropriate.

(5) The period may be extended more than once.

Section 6ZA Review: supplementary

(1) Subsections (2) to (5) explain what is meant by “the initial period” in section 6(5A)(a).

(2) In the case of a national policy statement that is designated on or after the relevant date, the initial period is the period of five years beginning with the date of designation.

(3) In the case of a national policy statement that—

(a) was designated before the relevant date, and

(b) was amended before the relevant date,

the initial period is the period of five years beginning with the date of the amendment or, if an amendment was made on more than one occasion before the relevant date, the date of the latest such amendment.

(4) In the case of a national policy statement that—

(a) was designated within the period of five years ending with the relevant date, and

(b) was not amended before the relevant date,

the initial period is the period of five years beginning with the date of designation.

(5) In the case of a national policy statement that—

(a) was designated before the beginning of the period of five years ending with the relevant date, and

(b) was not amended before the relevant date,

the initial period is the period of two years beginning with the relevant date.

(6) Section 6(5) applies in relation to a full review of a national policy statement within subsection (5) of this section carried out within the initial period as if the option in section 6(5)(c) (leave the statement as it is) was not available to the Secretary of State following that review.

(7) In this section—

“ full review ” has the meaning given by section 6(2);

“ the relevant date ” means the date on which section 6(5A) comes into force.

Section 7 Consultation and publicity

(1) This section sets out the consultation and publicity requirements referred to in sections 5(4) and 6(7).

(2) The Secretary of State must carry out such consultation, and arrange for such publicity, as the Secretary of State thinks appropriate in relation to the proposal.

This is subject to subsections (4) and (5).

(3) In this section “ the proposal ” means—

(a) the statement that the Secretary of State proposes to designate as a national policy statement for the purposes of this Act, or

(b) (as the case may be) the proposed amendment.

(4) The Secretary of State must consult such persons, and such descriptions of persons, as may be prescribed.

(5) If the policy set out in the proposal identifies one or more locations as suitable (or potentially suitable) for a specified description of development, the Secretary of State must ensure that appropriate steps are taken to publicise the proposal.

(6) The Secretary of State must have regard to the responses to the consultation and publicity in deciding whether to proceed with the proposal.

Section 8 Consultation on publicity requirements

(1) In deciding what steps are appropriate for the purposes of section 7(5), the Secretary of State must consult—

(a) each local authority that is within subsection (2) , (3) or (3A) , and

(b) the Greater London Authority, if any of the locations concerned is in Greater London.

(2) A local authority is within this subsection if any of the locations concerned is in the authority's area.

(3) A local authority (“A”) is within this subsection if—

(a) any of the locations concerned is in the area of another local authority (“B”),

(aa) B is a unitary council or a lower-tier district council, and

(b) any part of the boundary of A's area is also a part of the boundary of B's area.

(3A) If any of the locations concerned is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this subsection if—

(a) D is not a lower-tier district council, and

(b) any part of the boundary of D's area is also part of the boundary of C's area.

(4) In this section “ local authority ” means—

(a) a county council, or district council, in England;

(b) a London borough council;

(c) the Common Council of the City of London;

(d) the Council of the Isles of Scilly;

(e) a county council, or county borough council, in Wales;

(f) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

(g) a National Park authority;

(h) the Broads Authority.

(5) In this section—

“ lower-tier district council ” means a district council in England for an area for which there is a county council;

“ unitary council ” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

“ upper-tier county council ” means a county council in England for each part of whose area there is a district council.

Section 9 Parliamentary requirements

(1) This section sets out the parliamentary requirements referred to in sections 5(4) and 6(7).

(2) The Secretary of State must lay the proposal before Parliament.

(3) In this section “ the proposal ” means—

(a) the statement that the Secretary of State proposes to designate as a national policy statement for the purposes of this Act, or

(b) (as the case may be) the proposed amendment.

(4) Subsection (5) applies if, during the relevant period—

(a) either House of Parliament makes a resolution with regard to the proposal, or

(b) a committee of either House of Parliament makes recommendations with regard to the proposal.

(5) The Secretary of State must lay before Parliament a statement setting out the Secretary of State's response to the resolution or recommendations.

(6) The relevant period is the period specified by the Secretary of State in relation to the proposal.

(7) The Secretary of State must specify the relevant period in relation to the proposal on or before the day on which the proposal is laid before Parliament under subsection (2).

(8) After the end of the relevant period, but not before the Secretary of State complies with subsection (5) if it applies, the Secretary of State must lay the proposal before Parliament.

(8A) Subsections (4) to (8) do not apply in relation to the proposal if it—

(a) is an amendment within subsection (11), or

(b) consists only of amendments within that subsection.

(9) If after the laying requirement has been complied with—

(a) something other than what was laid under the laying requirement becomes the proposal, or

(b) what was laid under the laying requirement remains the proposal, or again becomes the proposal, despite the condition in section 5(4)(a) or 6(7)(a) not having been met in relation to it,

the laying requirement must be complied with anew.

(10) For the purposes of subsection (9)(a) and (b) ignore any proposal to correct clerical or typographical errors in what was laid under the laying requirement .

(11) An amendment is within this subsection if it is an amendment proposed to a national policy statement in order to reflect—

(a) published Government policy that is relevant to development of a description to which the statement relates,

(b) the amendment, revocation or repeal of legislation referred to in the statement, or the amendment, revocation, repeal or coming into force of legislation relevant to development of a description to which the statement relates,

(c) a change (not within paragraph (a) or (b)) to a published document referred to in the statement, or

(d) a decision of a court in proceedings referred to in section 13 or 118, or other proceedings, so far as relevant to the interpretation of the statement or legislation referred to in the statement.

(12) In subsection (11), “ legislation ” means an Act or an instrument made under an Act.

(13) In this section, “ the laying requirement ” means—

(a) if the proposal is one to which subsections (4) to (8) do not apply, subsection (2);

(b) otherwise, subsection (8).

Section 10 Sustainable development

(1) This section applies to the Secretary of State's functions under sections 5 and 6.

(2) The Secretary of State must, in exercising those functions, do so with the objective of contributing to the achievement of sustainable development.

(3) For the purposes of subsection (2) the Secretary of State must (in particular) have regard to the desirability of—

(a) mitigating, and adapting to, climate change;

(b) achieving good design.

Section 11 Suspension pending review

(1) This section applies if the Secretary of State thinks that the condition in subsection (2) or (3) is met.

(2) The condition is that—

(a) since the time when a national policy statement was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the statement was decided,

(b) the change was not anticipated at that time, and

(c) if the change had been anticipated at that time, any of the policy set out in the statement would have been materially different.

(3) The condition is that—

(a) since the time when part of a national policy statement (“ the relevant part ”) was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part was decided,

(b) the change was not anticipated at that time, and

(c) if the change had been anticipated at that time, any of the policy set out in the relevant part would have been materially different.

(4) The Secretary of State may suspend the operation of all or any part of the national policy statement until a review of the statement or the relevant part has been completed.

(5) If the Secretary of State does so, the designation as a national policy statement of the statement or (as the case may be) the part of the statement that has been suspended is treated as having been withdrawn until the day on which the Secretary of State complies with section 6(5) in relation to the review.

Section 12 Pre-commencement statements of policy, consultation etc.

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Section 13 Legal challenges relating to national policy statements

(1) A court may entertain proceedings for questioning a national policy statement or anything done, or omitted to be done, by the Secretary of State in the course of preparing such a statement only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after —

(i) the day on which the statement is designated as a national policy statement for the purposes of this Act, or

(ii) (if later) the day on which the statement is published.

(2) A court may entertain proceedings for questioning a decision of the Secretary of State not to carry out a review of all or part of a national policy statement only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day of the decision not to carry out the review.

(3) A court may entertain proceedings for questioning a decision of the Secretary of State to carry out a review of all or part of a national policy statement only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the Secretary of State complies with section 6(5) in relation to the review concerned.

(4) A court may entertain proceedings for questioning anything done, or omitted to be done, by the Secretary of State in the course of carrying out a review of all or part of a national policy statement only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the Secretary of State complies with section 6(5) in relation to the review concerned.

(5) A court may entertain proceedings for questioning anything done by the Secretary of State under section 6(5) after completing a review of all or part of a national policy statement only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the thing concerned is done.

(6) A court may entertain proceedings for questioning a decision of the Secretary of State as to whether or not to suspend the operation of all or part of a national policy statement under section 11 only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day of the decision.

Section 14 Nationally significant infrastructure projects: general

(1) In this Act “ nationally significant infrastructure project ” means a project which consists of any of the following—

(a) the construction or extension of a generating station;

(b) the installation of an electric line above ground;

(c) development relating to underground gas storage facilities;

(d) the construction or alteration of an LNG facility;

(e) the construction or alteration of a gas reception facility;

(f) the construction of a pipe-line by a gas transporter;

(g) the construction of a pipe-line other than by a gas transporter;

(h) highway-related development;

(i) airport-related development;

(j) the construction or alteration of harbour facilities;

(k) the construction or alteration of a railway;

(l) the construction or alteration of a rail freight interchange;

(m) the construction or alteration of a dam or reservoir;

(n) development relating to the transfer of water resources;

(na) the construction or alteration of a desalination plant;

(o) the construction or alteration of a waste water treatment plant or of infrastructure for the transfer or storage of waste water ;

(p) the construction or alteration of a hazardous waste facility ;

(q) development relating to a radioactive waste geological disposal facility.

(2) Subsection (1) is subject to sections 15 to 30A .

(3) The Secretary of State may by order—

(a) amend subsection (1) to add a new type of project or vary or remove an existing type of project;

(b) make further provision, or amend or repeal existing provision, about the types of project which are, and are not, within subsection (1).

(3A) An order under subsection (3)(a) may also amend section 6 (7) (a) of the Public Order Act 2023 (obstruction etc of major transport works).

(4) An order under subsection (3)(b) may amend this Act.

(5) The power conferred by subsection (3) may be exercised to add a new type of project to subsection (1) only if—

(a) a project of the new type is a project for the carrying out of works in one or more of the fields specified in subsection (6), and

(b) the works are to be carried out wholly in one or more of the areas specified in subsection (7).

(6) The fields are—

(a) energy;

(b) transport;

(c) water;

(d) waste water;

(e) waste.

(7) 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.

Section 15 Generating stations

(1) The construction or extension of a generating station is within section 14(1)(a) only if the generating station is or (when constructed or extended) is expected to be within subsection (2) , (2A) , (3), (3A) or (3B) .

(2) A generating station is within this subsection if—

(a) it is in England ...,

(aa) it generates electricity from wind or directly from sunlight,

(b) it is not an offshore generating station, and

(c) its capacity is more than 100 megawatts.

(2A) A generating station is within this subsection if—

(a) it is in England,

(b) it does not generate electricity from wind or directly from sunlight,

(c) it is not an offshore generating station, and

(d) its capacity is more than 50 megawatts.

(3) A generating station is within this subsection if—

(a) it is an offshore generating station, and

(b) its capacity is more than 100 megawatts.

(3A) A generating station is within this subsection if—

(a) it is in Wales,

(b) it does not generate electricity from wind, and

(c) its capacity is more than 350 megawatts.

(3B) A generating station is within this subsection if—

(a) it is in waters adjacent to Wales up to the seaward limits of the territorial sea, or in the Welsh zone, and

(b) its capacity is more than 350 megawatts.

(3C) To the extent that an exempt electricity storage facility forms part of a generating station (or is expected to do so, when the generating station is constructed or extended), any capacity provided by the facility is to be disregarded for the purposes of determining whether the generating station is within subsection (2), (2A), (3), (3A) or (3B).

(3D) The construction or extension of a generating station is not within section 14(1)(a) to the extent that the generating station comprises or (when constructed or extended) is expected to comprise an exempt electricity storage facility.

(4) An “offshore” generating station is a generating station that is—

(a) in waters in or adjacent to England ... up to the seaward limits of the territorial sea, or

(b) in a Renewable Energy Zone, except the Welsh zone or any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.

(5) "Welsh zone” has the meaning given in section 158 of the Government of Wales Act 2006.

(6) In this section—

“electricity storage facility” means a facility which generates electricity from energy that—

was converted from electricity by that facility, and

is stored within that facility for the purpose of its future reconversion into electricity;

“exempt electricity storage facility” means an electricity storage facility which is not a pumped hydroelectric storage facility;

“pumped hydroelectric storage facility” means an electricity storage facility that stores the gravitational potential energy of water that has been pumped to a higher level so that its return to a lower level can be used to generate electricity.

Section 16 Electric lines

(1) The installation of an electric line above ground is within section 14(1)(b) only if (when installed) the electric line will be—

(a) wholly in England,

(b) wholly in Wales,

(c) partly in England and partly in Wales, or

(d) partly in England and partly in Scotland, subject to subsection (2).

(2) In the case of an electric line falling within subsection (1)(d), the installation of the line above ground is within section 14(1)(b) only to the extent that (when installed) the line will be in England.

(3) The installation of an electric line above ground is not within section 14(1)(b)—

(a) if the nominal voltage of the line is expected to be less than 132 kilovolts, ...

(aa) if the length of the line (when installed) will be less than two kilometres,

(ab) if—

(i) the line will replace an existing line,

(ii) the nominal voltage of the line is expected to be greater than the nominal voltage of the existing line (but see subsection (3A)),

(iii) the height above the surface of the ground of any support for the line will not exceed the height of the highest existing support or support which is being replaced by more than 10 per cent, and

(iv) where the line is to be installed in a different position from the existing line, the distance between any new support and the existing line will not exceed 60 metres and the existing line will be removed within twelve months from the date on which the installation of the line which replaces it is complete,

(b) to the extent that (when installed) the line will be within premises in the occupation or control of the person responsible for its installation , or

c if section 37(1) of the Electricity Act 1989 (consent required for overhead lines) does not apply to it by virtue of the Overhead Lines (Exemption) (England and Wales) Regulations 2009 ( S.I. 2009/640 ), as amended by the Overhead Lines (Exempt Installations) (Consequential Provisions) Order 2010.

(3A) Paragraph (ab)(ii) of subsection (3) (condition that nominal voltage of line expected to be greater than nominal voltage of existing line) does not apply if any part of the line (when installed) will be within a European site or an SSSI .

(3B) The installation of an electric line above ground is not within section 14(1)(b) if the line is associated with the construction or extension of a devolved Welsh generating station granted planning permission or consented to on or after the day on which section 39 of the Wales Act 2017 comes into force and the nominal voltage of the line is expected to be no greater than 132 kilovolts.

(3C) “ "Devolved Welsh generating station” ” means a generating station that—

(a) is in Wales and—

(i) generates electricity from wind, or

(ii) has a capacity of 350 megawatts or less; or

(b) is in waters adjacent to Wales up to the seaward limits of the territorial sea or in the Welsh zone and has a capacity of 350 megawatts or less.

(3D) “ "Welsh zone” ” has the meaning given in section 158 of the Government of Wales Act 2006.

(4) In this section—

“European site” has the same meaning as in the Conservation of Habitats and Species Regulations 2017 ( S.I. 2017/1012 ) ;

“existing line” means an electric line which—

has been installed or is kept installed above ground in accordance with a consent granted under section 37(1) of the Electricity Act 1989 or an order granting development consent; or

has been installed above ground and is an electric line to which section 37(1) of the Electricity Act 1989 does not apply by virtue of—

paragraph 5(4) or (5) of Schedule 17 to that Act, or

the Overhead Lines (Exemption) (England and Wales) Regulations 2009 ( S.I. 2009/640 ), as amended by the Overhead Lines (Exempt Installations) (Consequential Provisions) Order 2010;

“premises” includes any land, building or structure;

“ SSSI ” means a site of special scientific interest notified under sections 28 to 28D of the Wildlife and Countryside Act 1981.

Section 17 Underground gas storage facilities

(1) Development relating to underground gas storage facilities is within section 14(1)(c) only if the development is within subsection (2), (3) or (5).

(2) Development is within this subsection if—

(a) it is the carrying out of operations for the purpose of creating underground gas storage facilities in England, or

(b) it is starting to use underground gas storage facilities in England,

and the condition in subsection (4) is met in relation to the facilities.

(3) Development is within this subsection if—

(a) it is starting to use underground gas storage facilities in Wales,

(b) the facilities are facilities for the storage of gas underground in natural porous strata,

(c) the proposed developer is a gas transporter, and

(d) the condition in subsection (4) is met in relation to the facilities.

(4) The condition is that—

(a) the working capacity of the facilities is expected to be at least 43 million standard cubic metres, or

(b) the maximum flow rate of the facilities is expected to be at least 4.5 million standard cubic metres per day.

(5) Development is within this subsection if—

(a) it is the carrying out of operations for the purpose of altering underground gas storage facilities in England, and

(b) the effect of the alteration is expected to be—

(i) to increase by at least 43 million standard cubic metres the working capacity of the facilities, or

(ii) to increase by at least 4.5 million standard cubic metres per day the maximum flow rate of the facilities.

(6) “ Underground gas storage facilities ” means facilities for the storage of gas underground in cavities or in porous strata.

(7) In this section—

“ maximum flow rate ”, in relation to underground gas storage facilities, means the maximum rate at which gas is able to flow out of the facilities, on the assumption that—

the facilities are filled to maximum capacity, and

the rate is measured after any processing of gas required on its recovery from storage;

“ working capacity ”, in relation to underground gas storage facilities, means the capacity of the facilities for storage of gas underground, ignoring any capacity for storage of cushion gas.

(8) In subsection (7) “ cushion gas ” means gas which is kept in underground gas storage facilities for the purpose of enabling other gas stored there to be recovered from storage.

Section 18 LNG facilities

(1) The construction of an LNG facility is within section 14(1)(d) only if (when constructed) the facility will be in England and—

(a) the storage capacity of the facility is expected to be at least 43 million standard cubic metres, or

(b) the maximum flow rate of the facility is expected to be at least 4.5 million standard cubic metres per day.

(2) The alteration of an LNG facility is within section 14(1)(d) only if the facility is in England and the effect of the alteration is expected to be—

(a) to increase by at least 43 million standard cubic metres the storage capacity of the facility, or

(b) to increase by at least 4.5 million standard cubic metres per day the maximum flow rate of the facility.

(3) “ LNG facility ” means a facility for—

(a) the reception of liquid natural gas from outside England,

(b) the storage of liquid natural gas, and

(c) the regasification of liquid natural gas.

(4) In this section—

“ maximum flow rate ”, in relation to a facility, means the maximum rate at which gas is able to flow out of the facility, on the assumption that—

the facility is filled to maximum capacity, and

the rate is measured after regasification of the liquid natural gas and any other processing required on the recovery of the gas from storage;

“ storage capacity ” means the capacity of the facility for storage of liquid natural gas.

(5) The storage capacity of an LNG facility is to be measured as if the gas were stored in regasified form.

Section 19 Gas reception facilities

(1) The construction of a gas reception facility is within section 14(1)(e) only if (when constructed)—

(a) the facility will be in England and will be within subsection (4), and

(b) the maximum flow rate of the facility is expected to be at least 4.5 million standard cubic metres per day.

(2) The alteration of a gas reception facility is within section 14(1)(e) only if—

(a) the facility is in England and is within subsection (4), and

(b) the effect of the alteration is expected to be to increase by at least 4.5 million standard cubic metres per day the maximum flow rate of the facility.

(3) “ Gas reception facility ” means a facility for—

(a) the reception of natural gas in gaseous form from outside England, and

(b) the handling of natural gas (other than its storage).

(4) A gas reception facility is within this subsection if—

(a) the gas handled by the facility does not originate in England, Wales or Scotland,

(b) the gas does not arrive at the facility from Scotland or Wales, and

(c) the gas has not already been handled at another facility after its arrival in England.

(5) “ Maximum flow rate ” means the maximum rate at which gas is able to flow out of the facility.

Section 20 Gas transporter pipe-lines

(1) The construction of a pipe-line by a gas transporter is within section 14(1)(f) only if (when constructed) each of the conditions in subsections (2) to (5) is expected to be met in relation to the pipe-line.

(2) The pipe-line must be wholly or partly in England.

(3) Either—

(a) the pipe-line must be more than 800 millimetres in diameter and more than 40 kilometres in length, or

(b) the construction of the pipe-line must be likely to have a significant effect on the environment.

(4) The pipe-line must have a design operating pressure of more than 7 bar gauge.

(5) The pipe-line must convey gas for supply (directly or indirectly) to at least 50,000 customers, or potential customers, of one or more gas suppliers.

(6) In the case of a pipe-line that (when constructed) will be only partly in England, the construction of the pipe-line is within section 14(1)(f) only to the extent that the pipe-line will (when constructed) be in England.

(7) “ Gas supplier ” has the same meaning as in Part 1 of the Gas Act 1986 (c. 44) (see section 7A(11) of that Act).

Section 21 Other pipe-lines

(1) The construction of a pipe-line other than by a gas transporter is within section 14(1)(g) only if (when constructed) the pipe-line is expected to be—

(a) a cross-country pipe-line,

(b) a pipe-line the construction of which would (but for section 33(1) of this Act) require authorisation under section 1(1) of the Pipe-lines Act 1962 (c. 58) (cross-country pipe-lines not to be constructed without authorisation), and

(c) within subsection (2).

(2) A pipe-line is within this subsection if one end of it is in England or Wales and—

(a) the other end of it is in England or Wales, or

(b) it is an oil or gas pipe-line and the other end of it is in Scotland.

(3) For the purposes of section 14(1)(g) and the previous provisions of this section, the construction of a diversion to a pipe-line is treated as the construction of a separate pipe-line.

(4) But if—

(a) the pipe-line to be diverted is itself a nationally significant pipe-line, and

(b) the length of the pipe-line which is to be diverted has not been constructed,

the construction of the diversion is treated as the construction of a cross-country pipe-line, whatever the length of the diversion.

(5) For the purposes of subsection (4), a pipe-line is a nationally significant pipe-line if—

(a) development consent is required for its construction by virtue of section 14(1)(g), and has been granted, or

(b) its construction has been authorised by a pipe-line construction authorisation under section 1(1) of the Pipe-lines Act 1962 (c. 58).

(6) “ Diversion ” means a lateral diversion of a length of a pipe-line (whether or not that pipe-line has been constructed) where the diversion is beyond the permitted limits.

(7) The permitted limits are the limits of lateral diversion permitted by any of the following granted in respect of the construction of the pipe-line—

(a) development consent;

(b) authorisation under the Pipe-lines Act 1962;

(c) planning permission.

Section 22 Highways

(1) Highway-related development is within section 14(1)(h) only if the development is—

(a) construction of a highway in a case within subsection (2),

(b) alteration of a highway in a case within subsection (3), or

(c) improvement of a highway in a case within subsection (5).

(2) Construction of a highway is within this subsection only if—

(a) the highway will (when constructed) be wholly in England,

(b) the Secretary of State or a strategic highways company will be the highway authority for the highway, and

(c) the area of development is greater than the relevant limit set out in subsection (4).

(3) Alteration of a highway is within this subsection only if—

(a) the highway is wholly in England,

(b) the Secretary of State or a strategic highways company is the highway authority for the highway, and

(c) the area of development is greater than the relevant limit set out in subsection (4).

(4) For the purposes of subsections (2)(c) and (3)(c) the relevant limit —

(a) in relation to the construction or alteration of a motorway, is 15 hectares,

(b) in relation to the construction or alteration of a highway, other than a motorway, where the speed limit for any class of vehicle is expected to be 50 miles per hour or greater, is 12.5 hectares, and

(c) in relation to the construction or alteration of any other highway is 7.5 hectares.

(5) Improvement of a highway is within this subsection only if—

(a) the highway is wholly in England,

(b) the Secretary of State or a strategic highways company is the highway authority for the highway, and

(c) the improvement is likely to have a significant effect on the environment.

(6) Highway-related development does not fall within section 14(1)(h) if—

(a) an order mentioned in section 33(4) has been made in relation to the development before 1 March 2010,

(b) a further order is needed in relation to the development, and

(c) not more than 7 years have elapsed since the making of the earlier order.

(7) Alteration of a highway is not within section 14(1)(h) if

(a) planning permission has been granted for a development,

(b) the alteration is necessary as a result of the development, and

(c) the developer has asked for the alteration to be made to the highway.

(8) Alteration of a highway is not within section 14(1)(h) if—

(a) an order mentioned in section 33(4) has been made in relation to local highway works,

(b) the alteration is necessary as a result of the local highway works, and

(c) the local highway authority responsible for the local highway works has asked for the alteration to be made to the highway.

(9) In this section—

“area of development” —

in relation to construction of a highway, means the land on which the highway is to be constructed and any adjoining land expected to be used in connection with its construction;

in relation to alteration of a highway, means the land on which the part of the highway to be altered is situated and any adjoining land expected to be used in connection with its alteration;

“local highway authority” has the meaning given by section 329(1) of the Highways Act 1980;

“local highway works” means works carried out by or on behalf of a local highway authority in relation to a highway for which it is the highway authority (and the local highway authority is referred to in this section as “responsible” for those works);

“motorway” means a highway which is a special road in accordance with section 16 of the Highways Act 1980.

“ strategic highways company ” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.

Section 23 Airports

(1) Airport-related development is within section 14(1)(i) only if the development is—

(a) the construction of an airport in a case within subsection (2),

(b) the alteration of an airport in a case within subsection (4), or

(c) an increase in the permitted use of an airport in a case within subsection (7).

(2) Construction of an airport is within this subsection only if (when constructed) the airport—

(a) will be in England or in English waters, and

(b) is expected to be capable of providing services which meet the requirements of subsection (3).

(3) Services meet the requirements of this subsection if they are—

(a) air passenger transport services for at least 10 million passengers per year, or

(b) air cargo transport services for at least 10,000 air transport movements of cargo aircraft per year.

(4) Alteration of an airport is within this subsection only if—

(a) the airport is in England or in English waters, and

(b) the alteration is expected to have the effect specified in subsection (5).

(5) The effect is—

(a) to increase by at least 10 million per year the number of passengers for whom the airport is capable of providing air passenger transport services, or

(b) to increase by at least 10,000 per year the number of air transport movements of cargo aircraft for which the airport is capable of providing air cargo transport services.

(6) “ Alteration ”, in relation to an airport, includes the construction, extension or alteration of—

(a) a runway at the airport,

(b) a building at the airport, or

(c) a radar or radio mast, antenna or other apparatus at the airport.

(7) An increase in the permitted use of an airport is within this subsection only if—

(a) the airport is in England or in English waters, and

(b) the increase is within subsection (8).

(8) An increase is within this subsection if—

(a) it is an increase of at least 10 million per year in the number of passengers for whom the airport is permitted to provide air passenger transport services, or

(b) it is an increase of at least 10,000 per year in the number of air transport movements of cargo aircraft for which the airport is permitted to provide air cargo transport services.

(9) In this section—

“ air cargo transport services ” means services for the carriage by air of cargo;

“ air passenger transport services ” means services for the carriage by air of passengers;

“ air transport movement ” means a landing or take-off of an aircraft;

“ cargo ” includes mail;

“ cargo aircraft ” means an aircraft which is—

designed to transport cargo but not passengers, and

engaged in the transport of cargo on commercial terms;

“ English waters ” means waters adjacent to England up to the seaward limits of the territorial sea;

“ permitted ” means permitted by planning permission or development consent.

Section 24 Harbour facilities

(1) The construction of harbour facilities is within section 14(1)(j) only if (when constructed) the harbour facilities—

(a) will be—

(i) wholly or partly in England or in waters adjacent to England up to the seaward limits of the territorial sea, or

(ii) wholly in Wales or in waters adjacent to Wales up to the seaward limits of the territorial sea and will be, or will form part of, a reserved trust port, and

(b) are expected to be capable of handling the embarkation or disembarkation of at least the relevant quantity of material per year.

(2) The alteration of harbour facilities is within section 14(1)(j) only if—

(a) the harbour facilities are—

(i) wholly or partly in England or in waters adjacent to England up to the seaward limits of the territorial sea, or

(ii) wholly in Wales or in waters adjacent to Wales up to the seaward limits of the territorial sea and are, or form part of, a reserved trust port, and

(b) the effect of the alteration is expected to be to increase by at least the relevant quantity per year the quantity of material the embarkation or disembarkation of which the facilities are capable of handling.

(3) “The relevant quantity” is—

(a) in the case of facilities for container ships, 500,000 TEU;

(b) in the case of facilities for ro-ro ships, 250,000 units;

(c) in the case of facilities for cargo ships of any other description, 5 million tonnes;

(d) in the case of facilities for more than one of the types of ships mentioned in paragraphs (a) to (c), an equivalent quantity of material.

(4) For the purposes of subsection (3)(d), facilities are capable of handling an equivalent quantity of material if the sum of the relevant fractions is one or more.

(5) The relevant fractions are—

(a) to the extent that the facilities are for container ships—

where x is the number of TEU that the facilities are capable of handling;

(b) to the extent that the facilities are for ro-ro ships—

where y is the number of units that the facilities are capable of handling;

(c) to the extent that the facilities are for cargo ships of any other description—

where z is the number of tonnes of material that the facilities are capable of handling.

(6) In this section—

“ cargo ship ” means a ship which is used for carrying cargo;

“ container ship ” means a cargo ship which carries all or most of its cargo in containers;

“ reserved trust port ” has the meaning given in section 32 of the Wales Act 2017;

“ ro-ro ship ” means a ship which is used for carrying wheeled cargo;

“ TEU ” means a twenty-foot equivalent unit;

“ unit ” in relation to a ro-ro ship means any item of wheeled cargo (whether or not self-propelled).

Section 25 Railways

(1) Construction of a railway is within section 14(1)(k) only if—

(a) the railway will (when constructed) be wholly in England,

(b) the railway will (when constructed) be part of a network operated by an approved operator,

(ba) the railway will (when constructed) include a stretch of track that—

(i) is a continuous length of more than 2 kilometres, and

(ii) is not on land that was operational land of a railway undertaker immediately before the construction work began or is on land that was acquired at an earlier date for the purpose of constructing the railway, and

(c) the construction of the railway is not permitted development.

(2) Alteration of a railway is within section 14(1)(k) only if—

(a) the part of the railway to be altered is wholly in England,

(b) the railway is part of a network operated by an approved operator,

(ba) the alteration of the railway will include laying a stretch of track that—

(i) is a continuous length of more than 2 kilometres, and

(ii) is not on land that was operational land of a railway undertaker immediately before the alteration work began or is on land that was acquired at an earlier date for the purpose of the alteration, and

(c) the alteration of the railway is not permitted development.

(2A) Construction or alteration of a railway is not within section 14(1)(k) to the extent that it takes place on the operational land of a railway undertaker unless that land was acquired for the purpose of the construction or alteration.

(3) Construction or alteration of a railway is not within section 14(1)(k) to the extent that the railway forms part (or will when constructed form part) of a rail freight interchange.

(4) “ Approved operator ” means a person who meets the conditions in subsections (5) and (6).

(5) The condition is that the person must be—

(a) a person who is authorised to be the operator of a network by a licence granted under section 8 of the Railways Act 1993 (c. 43) (licences for operation of railway assets), or

(b) a wholly-owned subsidiary of a company which is such a person.

(6) The condition is that the person is designated, or is of a description designated, in an order made by the Secretary of State.

(7) In this section—

“ network ” has the meaning given by section 83(1) of the Railways Act 1993 (c. 43);

“operational land” has the same meaning as in the TCPA 1990 ;

“ permitted development ” means development in relation to which planning permission is granted by article 3 of the Town and Country Planning (General Permitted Development) Order 1995;

“railway undertaker” has the same meaning as in Part 17 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995;

“ wholly-owned subsidiary ” has the same meaning as in the Companies Act 2006 (c. 46) (see section 1159 of that Act).

(8) In the definition of “permitted development” in subsection (7), the reference to the Town and Country Planning (General Permitted Development) Order 1995 is to that Order as it has effect immediately before the day on which this section comes fully into force.

Section 26 Rail freight interchanges

(1) The construction of a rail freight interchange is within section 14(1)(l) only if (when constructed) each of the conditions in subsections (3) to (7) is expected to be met in relation to it.

(2) The alteration of a rail freight interchange is within section 14(1)(l) only if—

(a) following the alteration, each of the conditions in subsections (3)(a) and (4) to (7) is expected to be met in relation to it, and

(b) the alteration is expected to have the effect specified in subsection (8).

(3) The land on which the rail freight interchange is situated must—

(a) be in England, and

(b) be at least 60 hectares in area.

(4) The rail freight interchange must be capable of handling—

(a) consignments of goods from more than one consignor and to more than one consignee, and

(b) at least 4 goods trains per day.

(5) The rail freight interchange must be part of the railway network in England.

(6) The rail freight interchange must include warehouses to which goods can be delivered from the railway network in England either directly or by means of another form of transport.

(7) The rail freight interchange must not be part of a military establishment.

(8) The effect referred to in subsection (2)(b) is to increase by at least 60 hectares the area of the land on which the rail freight interchange is situated.

(9) In this section—

“ goods train ” means a train that (ignoring any locomotive) consists of items of rolling stock designed to carry goods;

“ military establishment ” means an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.

(10) The following terms have the meanings given by section 83(1) of the Railways Act 1993—

“network”;

“rolling stock”;

“train”.

Section 27 Dams and reservoirs

(1) The construction of a dam or reservoir is within section 14(1)(m) only if—

(a) the dam or reservoir (when constructed) will be in England,

(b) the construction will be carried out by , or by a person appointed by, one or more water undertakers, and

(c) it is expected that—

(i) the volume of water to be held back by the dam or stored in the reservoir will exceed 30 million cubic metres, or

(ii) the deployable output of the dam or reservoir will exceed 80 million litres per day.

(2) The alteration of a dam or reservoir is within section 14(1)(m) only if—

(a) the dam or reservoir is in England,

(b) the alteration will be carried out by , or by a person appointed by, one or more water undertakers, and

(c) it is expected that—

(i) the additional volume of water to be held back by the dam or stored in the reservoir as a result of the alteration will exceed 30 million cubic metres, or

(ii) the additional deployable output of the dam or reservoir as a result of the alteration will exceed 80 million litres per day.

(3) “ Water undertaker ” means a company appointed as a water undertaker under the Water Industry Act 1991 (c. 56).

(4) In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.

Section 28 Transfer of water resources

(1) Development relating to the transfer of water resources is within section 14(1)(n) only if—

(a) the development will be carried out in England by , or by a person appointed by, one or more water undertakers,

(b) it is expected that—

(i) the deployable output of the facility to be constructed as a result of the development will exceed 80 million litres per day, or

(ii) the additional deployable output of the facility to be altered as a result of the development will exceed 80 million litres per day,

(c) the development will enable the transfer of water resources—

(i) between river basins in England,

(ii) between water undertakers' areas in England, or

(iii) between a river basin in England and a water undertaker's area in England, and

(d) the development does not relate to the transfer of drinking water.

(2) In this section—

“ river basin ” means an area of land drained by a river and its tributaries;

“ water undertaker ” means a company appointed as a water undertaker under the Water Industry Act 1991;

“ water undertaker's area ” means the area for which a water undertaker is appointed under that Act.

(3) In this section, the reference to “a person appointed by” a water undertaker includes a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.

Section 28A Desalination plants

(1) The construction of a desalination plant is within section 14(1)(na) only if—

(a) the desalination plant (when constructed) will be in England or in waters adjacent to England up to the seaward limits of the territorial sea,

(b) the construction will be carried out by , or by a person appointed by, one or more water undertakers, and

(c) the deployable output of the desalination plant is expected to exceed 80 million litres per day.

(2) The alteration of a desalination plant is within section 14(1)(na) only if—

(a) the desalination plant is in England or in waters adjacent to England up to the seaward limits of the territorial sea,

(b) the alteration will be carried out by or by a person appointed by, one or more water undertakers, and

(c) the additional deployable output of the desalination plant as a result of the alteration is expected to exceed 80 million litres per day.

(3) “Water undertaker” means a company appointed as a water undertaker under the Water Industry Act 1991.

(4) In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.

Section 29 Waste water treatment plants

(1) The construction of a waste water treatment plant is within section 14(1)(o) only if the treatment plant (when constructed)—

(a) will be in England, and

(b) is expected to have a capacity exceeding a population equivalent of 500,000.

(1A) The construction of infrastructure for the transfer or storage of waste water is within section 14(1)(o) only if —

(a) the works will be carried out wholly in England and the infrastructure will (when constructed) be wholly in England,

(b) the main purpose of the infrastructure will be—

(i) the transfer of waste water for treatment, or

(ii) the storage of waste water prior to treatment,

or both, and

(c) the infrastructure is expected to have a capacity for the storage of waste water exceeding 350,000 cubic metres.

(2) The alteration of a waste water treatment plant is within section 14(1)(o) only if—

(a) the treatment plant is in England, and

(b) the effect of the alteration is expected to be to increase by more than a population equivalent of 500,000 the capacity of the plant.

(2A) The alteration of infrastructure for the transfer or storage of waste water is within section 14(1)(o) only if—

(a) the works will be carried out wholly in England and the part of the infrastructure to be altered is wholly in England,

(b) the main purpose of the infrastructure is —

(i) the transfer of waste water for treatment, or

(ii) the storage of waste water prior to treatment,

or both, and

(c) the effect of the alteration is expected to be to increase the capacity of the infrastructure for the storage of waste water by more than 350,000 cubic metres.

(3) “ Waste water ” includes domestic waste water, industrial waste water and urban waste water.

(4) The following terms have the meanings given by regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994 ( S.I. 1994/2841)—

“domestic waste water”;

“industrial waste water”;

“population equivalent”;

“urban waste water”.

Section 30 Hazardous waste facilities

(1) The construction of a hazardous waste facility is within section 14(1)(p) only if—

(a) the facility (when constructed) will be in England,

(b) the main purpose of the facility is expected to be the final disposal or recovery of hazardous waste, and

(c) the facility is expected to have the capacity specified in subsection (2).

(2) The capacity is—

(a) in the case of the disposal of hazardous waste by landfill or in a deep storage facility, more than 100,000 tonnes per year;

(b) in any other case, more than 30,000 tonnes per year.

(3) The alteration of a hazardous waste facility is within section 14(1)(p) only if—

(a) the facility is in England,

(b) the main purpose of the facility is the final disposal or recovery of hazardous waste, and

(c) the alteration is expected to have the effect specified in subsection (4).

(4) The effect is—

(a) in the case of the disposal of hazardous waste by landfill or in a deep storage facility, to increase by more than 100,000 tonnes per year the capacity of the facility;

(b) in any other case, to increase by more than 30,000 tonnes per year the capacity of the facility.

(5) The following terms have the same meanings as in the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894) (see regulation 5 of those regulations)—

“disposal”;

“hazardous waste”;

“recovery”.

(6) “ Deep storage facility ” means a facility for the storage of waste underground in a deep geological cavity.

Section 30A Radioactive waste geological disposal facilities

(1) A radioactive waste geological disposal facility means a facility which meets the conditions in subsection (2).

(2) The conditions are that—

(a) the main purpose of the facility is expected to be the final disposal of radioactive waste,

(b) the part of the facility where radioactive waste is to be disposed of is expected to be constructed at a depth of at least 200 metres beneath the surface of the ground or seabed, and

(c) the natural environment which surrounds the facility is expected to act, in combination with any engineered measures, to inhibit the transit of radionuclides from the part of the facility where radioactive waste is to be disposed of to the surface.

(3) Development is within section 14(1)(q) only if the development is within subsection (4) or (6) of this section.

(4) Development is within this subsection if—

(a) it is the construction of one or more boreholes, and the carrying out of any associated excavation, construction or building work,

(b) the borehole or boreholes will be constructed, and any associated excavation, construction or building work will be carried out, in England or waters adjacent to England up to the seaward limits of the territorial sea, and

(c) the conditions in subsection (5) are met in relation to each borehole.

(5) The conditions are that—

(a) the borehole is expected to be constructed to a depth of at least 150 metres beneath the surface of the ground or seabed, and

(b) the main purpose of constructing the borehole is to obtain information, data or samples to determine the suitability of a site for the construction or use of a radioactive waste geological disposal facility.

(6) Development is within this subsection if—

(a) it is the construction of a radioactive waste geological disposal facility, and

(b) the facility (when constructed) will be in England or waters adjacent to England up to the seaward limits of the territorial sea.

(7) In this section—

“disposal” in relation to radioactive waste means emplacement in an appropriate facility without the intention to retrieve;

“radioactive waste” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (see paragraph 3(1) of Part 2 of Schedule 23 to those regulations).

Section 31 When development consent is required

Consent under this Act (“development consent”) is required for development to the extent that the development is or forms part of a nationally significant infrastructure project.

Section 32 Meaning of “development”

(1) In this Act (except in Part 11) “ development ” has the same meaning as it has in TCPA 1990.

This is subject to subsections (2) and (3).

(2) For the purposes of this Act (except Part 11)—

(a) the conversion of a generating station with a view to its being fuelled by crude liquid petroleum, a petroleum product or natural gas is treated as a material change in the use of the generating station;

(b) starting to use a cavity or strata for the underground storage of gas is treated as a material change in the use of the cavity or strata;

(c) an increase in the permitted use of an airport is treated as a material change in the use of the airport.

(3) For the purposes of this Act (except Part 11) the following works are taken to be development (to the extent that they would not be otherwise)—

(a) works for the demolition of a listed building or its alteration or extension in a manner which would affect its character as a building of special architectural or historic interest;

(b) demolition of a building in a conservation area;

(c) works resulting in the demolition or destruction of or any damage to a scheduled monument;

(d) works for the purpose of removing or repairing a scheduled monument or any part of it;

(e) works for the purpose of making any alterations or additions to a scheduled monument;

(f) flooding or tipping operations on land in, on or under which there is a scheduled monument.

(4) In this section—

“ conservation area ” has the meaning given by section 91(1) of the Listed Buildings Act;

“ flooding operations ” has the meaning given by section 61(1) of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46);

“ listed building ” has the meaning given by section 1(5) of the Listed Buildings Act;

“ permitted ” means permitted by planning permission or development consent;

“ petroleum products ” has the meaning given by section 21 of the Energy Act 1976 (c. 76);

“ scheduled monument ” has the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (c. 46);

“ tipping operations ” has the meaning given by section 61(1) of that Act.

Section 33 Effect of requirement for development consent on other consent regimes

(1) To the extent that development consent is required for development, none of the following is required to be obtained for the development or given in relation to it—

(a) planning permission;

(b) consent under section 10(1), 11(1) or 12(1) of the Green Belt (London and Home Counties) Act 1938 (c. xciii) (erection of buildings and construction of sewer main pipes, watercourses and electric lines etc. on Green Belt land);

(c) a pipe-line construction authorisation under section 1(1) of the Pipe-lines Act 1962 (c. 58) (authorisation for construction of cross-country pipe-lines);

(d) authorisation by an order under section 4(1) of the Gas Act 1965 (c. 36) (storage of gas in underground strata);

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) to the extent that the development relates to land in England, consent under section 2(3) or 3 of the Ancient Monuments and Archaeological Areas Act 1979;

(g) to the extent that the development relates to land in England, notice under section 35 of the Ancient Monuments and Archaeological Areas Act 1979;

(h) consent under section 36 or 37 of the Electricity Act 1989 (c. 29) (construction etc. of generating stations and installation of overhead lines);

(i) to the extent that the development relates to land in England, consent under section 8(1), (2) or (3) of the Listed Buildings Act;

(j) to the extent that the development relates to land in England, consent under section 74(1) of the Listed Buildings Act.

(2) To the extent that development consent is required for development, the development may not be authorised by any of the following—

(a) an order under section 14 or 16 of the Harbours Act 1964 (c. 40) (orders in relation to harbours, docks and wharves);

(b) an order under section 4(1) of the Gas Act 1965 (order authorising storage of gas in underground strata);

(c) an order under section 1 or 3 of the Transport and Works Act 1992 (c. 42) (orders as to railways, tramways, inland waterways etc.).

(3) Subsection (2) is subject to section 34.

(4) If development consent is required for the construction, improvement or alteration of a highway, none of the following may be made or confirmed in relation to the highway or in connection with the construction, improvement or alteration of the highway—

(a) an order under section 10 of the Highways Act 1980 (c. 66) (general provisions as to trunk roads) directing that the highway should become a trunk road;

(b) an order under section 14 of that Act (supplementary orders relating to trunk roads and classified roads);

(c) a scheme under section 16 of that Act (schemes authorising the provision of special roads);

(d) an order under section 18 of that Act (supplementary orders relating to special roads);

(e) an order or scheme under section 106 of that Act (orders and schemes providing for construction of bridges over or tunnels under navigable waters);

(f) an order under section 108 or 110 of that Act (orders authorising the diversion of navigable and non-navigable watercourses);

(g) an order under section 6 of the New Roads and Street Works Act 1991 (c. 22) (toll orders).

(5) The Secretary of State may by order—

(a) amend subsection (1) or (2)—

(i) to add or remove a type of consent, or

(ii) to vary the cases in relation to which a type of consent is within that subsection;

(b) make further provision, or amend or repeal provision, about—

(i) the types of consent that are, and are not, within subsection (1) or (2), or

(ii) the cases in relation to which a type of consent is, or is not, within either of those subsections.

(6) In this section “ consent ” means—

(a) a consent or authorisation that is required, under legislation, to be obtained for development,

(b) a consent, or authorisation, that—

(i) may authorise development, and

(ii) is given under legislation, or

(c) a notice that is required by legislation to be given in relation to development.

(7) In subsection (6) “ legislation ” means an Act or an instrument made under an Act.

(8) An order under subsection (5) may not affect—

(a) a requirement for a devolved consent to be obtained for, or given in relation to, development, or

(b) whether development may be authorised by a devolved consent.

(9) A consent is “ devolved ” for the purposes of subsection (8) if—

(a) provision for the consent would be within the legislative competence of the National Assembly for Wales if the provision were contained in an Act of the Assembly,

(b) provision for the consent is, or could be, made by the Welsh Ministers in an instrument made under an Act,

(c) the consent is not within subsection (6)(c) and the Welsh Ministers have a power or duty—

(i) to decide, or give directions as to how to decide, whether the consent is given,

(ii) to decide, or give directions as to how to decide, some or all of the terms on which the consent is given, or

(iii) to revoke or vary the consent, or

(d) the consent is within subsection (6)(c) and the notice has to be given to the Welsh Ministers or otherwise brought to their attention.

(10) An order under subsection (5)(b) may amend this Act.

Section 34 Welsh offshore generating stations

(1) Section 33(2) does not prevent an order under section 3 of the Transport and Works Act 1992 (c. 42) from authorising the carrying out of works consisting of the construction or extension of a generating station that is or (when constructed or extended) will be a Welsh offshore generating station.

(2) A “Welsh offshore generating station” is a generating station that is in waters in or adjacent to Wales up to the seaward limits of the territorial sea.

(3) If, by virtue of subsection (1), an order under section 3 of the Transport and Works Act 1992 authorises the carrying out of any works, development consent is treated as not being required for the carrying out of those works.

Section 35 Directions in relation to projects of national significance

(1) The Secretary of State may give a direction for development to be treated as development for which development consent is required.

This is subject to the following provisions of this section and section 35ZA.

(2) The Secretary of State may give a direction under subsection (1) only if—

(a) the development is or forms part of—

(i) a project (or proposed project) in the field of energy, transport, water, waste water or waste, or

(ii) a business or commercial project (or proposed project) of a prescribed description,

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

(c) the Secretary of State thinks the project (or proposed project) is of national significance, either by itself or when considered with—

(i) in a case within paragraph (a)(i), one or more other projects (or proposed projects) in the same field;

(ii) in a case within paragraph (a)(ii), one or more other business or commercial projects (or proposed projects) of a description prescribed under paragraph (a)(ii).

(3) The areas are—

(a) England or waters adjacent to England up to the seaward limits of the territorial sea;

(b) 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 give a direction under subsection (1) only with the consent of the Mayor of London if—

(a) all or part of the development is or will be in Greater London, and

(b) the development is or forms part of a business or commercial project (or proposed project) of a description prescribed under subsection (2)(a)(ii).

(5) Regulations under subsection (2)(a)(ii) may not prescribe a description of project which includes the construction of one or more dwellings.

Section 35A Timetable for deciding request for direction under section 35

(1) This section applies if the Secretary of State receives a qualifying request from a person (“R”).

(2) The Secretary of State must make a decision on the qualifying request before the primary deadline, subject to subsection (3).

(3) Subsection (2) does not apply if, before the primary deadline, the Secretary of State asks R to provide the Secretary of State with information for the purpose of enabling the Secretary of State to decide—

(a) whether to give the direction requested, and

(b) the terms in which it should be given.

(4) If R—

(a) is asked under subsection (3) to provide information, and

(b) provides the information sought within the period of 14 days beginning with the day on which R is asked to do so,

the Secretary of State must make a decision on the qualifying request before the end of the period of 28 days beginning with the day the Secretary of State receives the information.

(5) In this section—

“ the primary deadline ” means the end of the period of 28 days beginning with the day on which the Secretary of State receives the qualifying request;

“ qualifying request ” has the meaning given by section 35ZA(11) .

Section 35ZA Directions under sections 35: procedural matters

(1) The power in section 35(1) to give a direction in a case within section 35(2)(a)(i) (projects in the field of energy etc ) is exercisable only in response to a qualifying request if no application for a consent or authorisation mentioned in section 33(1) or (2) has been made in relation to the development to which the request relates.

(2) The power in section 35(1) to give a direction in a case within section 35(2)(a)(ii) (business or commercial projects of prescribed description) is exercisable only in response to a qualifying request made by one or more of the following—

(a) a person who proposes to carry out any of the development to which the request relates;

(b) a person who has applied, or proposes to apply, for a consent or authorisation mentioned in section 33(1) or (2) in relation to any of that development;

(c) a person who, if a direction under section 35(1) is given in relation to that development, proposes to apply for an order granting development consent for any of that development.

(3) If the Secretary of State gives a direction under section 35(1) in relation to development, the Secretary of State may—

(a) if an application for a consent or authorisation mentioned in section 33(1) or (2) has been made in relation to the development, direct the application to be treated as an application for an order granting development consent;

(b) if a person proposes to make an application for such a consent or authorisation in relation to the development, direct the proposed application to be treated as a proposed application for development consent.

(4) A direction under section 35(1), or subsection (3) of this section, may be given so as to apply for specified purposes or generally.

(5) A direction under subsection (3) may provide for specified provisions of or made under this or any other Act—

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

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

(6) If the Secretary of State gives a direction under subsection (3), the relevant authority must refer the application, or proposed application, to the Secretary of State instead of dealing with it themselves.

(7) If the Secretary of State is considering whether to give a direction under subsection (3), the Secretary of State may direct the relevant authority to take no further action in relation to the application, or proposed application, until the Secretary of State has decided whether to give the direction.

(8) The Secretary of State may require an authority within subsection (9) 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 section 35(1), and

(b) the terms in which such a direction should be given.

(9) An authority is within this subsection if an application for a consent or authorisation mentioned in section 33(1) or (2) in relation to the development has been, or may be, made to it.

(10) If the Secretary of State decides to give a direction under section 35(1), the Secretary of State must give reasons for the decision.

(11) In this section—

“ qualifying request ” means a written request, for a direction under section 35(1) or subsection (3) of this section, that—

specifies the development to which it relates, and

explains why the conditions in section 35(2)(a) and (b) are met in relation to the development;

“relevant authority”—

in relation to an application for a consent or authorisation mentioned in section 33(1) or (2) that has been made, means the authority to which the application was made, and

in relation to such an application that a person proposes to make, means the authority to which the person proposes to make the application.

Section 36 Amendments consequential on development consent regime

Schedule 2 makes amendments consequential on the development consent regime.

Section 37 Applications for orders granting development consent

(1) An order granting development consent may be made only if an application is made for it.

(2) An application for an order granting development consent must be made to the Secretary of State .

(3) An application for an order granting development consent must , so far as necessary to secure that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory —

(a) specify the development to which it relates,

(b) be made in the prescribed form,

(c) be accompanied by the consultation report, and

(d) be accompanied by documents and information of a prescribed description.

(4) The Secretary of State may give guidance about how the requirements under subsection (3) are to be complied with.

(5) The Secretary of State may set standards for—

(a) the preparation of a document required by subsection (3)(d);

(b) the coverage in such a document of a matter falling to be dealt with in it;

(c) all or any of the collection, sources, verification, processing and presentation of information required by subsection (3)(d).

(6) The Secretary of State must publish, in such manner as the Secretary of State thinks appropriate, any guidance given under subsection (4) and any standards set under subsection (5).

(7) In subsection (3)(c) “ the consultation report ” means a report giving details of—

(a) what has been done in compliance with sections 42, 47 and 48 in relation to a proposed application that has become the application,

(b) any relevant responses, and

(c) the account taken of any relevant responses.

(8) In subsection (7) “ relevant response ” has the meaning given by section 49(3).

Section 38 Model provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 39 Register of applications

(1) The Secretary of State is to maintain a register of applications received by the Secretary of State for orders granting development consent (“ the register ”).

(2) Where the Secretary of State receives an application for an order granting development consent, the Secretary of State must cause details of the application to be entered in the register.

(3) The Secretary of State must publish the register or make arrangements for inspection of the register by the public.

(4) The Secretary of State must make arrangements for inspection by the public of—

(a) applications received by the Secretary of State for orders granting development consent,

(b) consultation reports received by the Secretary of State under section 37(3)(c), and

(c) accompanying documents and information received by the Secretary of State under section 37(3)(d).

Section 40 Applications by the Crown for orders granting development consent

(1) This section applies to an application for an order granting development consent made by or on behalf of the Crown.

(2) The Secretary of State may by regulations modify or exclude any statutory provision relating to—

(a) the procedure to be followed before such an application is made;

(b) the making of such an application;

(c) the decision-making process for such an application.

(3) A statutory provision is a provision contained in or having effect under this Act or any other enactment.

Section 41 Chapter applies before application is made

(1) This Chapter applies where a person (“ the applicant ”) proposes to make an application for an order granting development consent.

(2) In the following provisions of this Chapter—

“ the proposed application ” means the proposed application mentioned in subsection (1);

“ the land ” means the land to which the proposed application relates or any part of that land;

“ the proposed development ” means the development for which the proposed application (if made) would seek development consent.

Section 42 Duty to consult

(1) The applicant must consult the following about the proposed application—

(a) such persons as may be prescribed,

(aa) the Marine Management Organisation, in any case where the proposed development would affect, or would be likely to affect, any of the areas specified in subsection (2),

(b) each local authority that is within section 43,

(c) the Greater London Authority if the land is in Greater London, and

(d) each person who is within one or more of the categories set out in section 44.

(2) The areas are—

(a) waters in or adjacent to England up to the seaward limits of the territorial sea;

(b) an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d) an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.

Section 43 Local authorities for purposes of section 42(1)(b)

(1) A local authority is within this section if the land is in the authority's area.

(2) A local authority (“A”) is within this section if—

(a) the land is in the area of another local authority (“B”),

(aa) B is a unitary council or a lower-tier district council, and

(b) any part of the boundary of A's area is also a part of the boundary of B's area.

(2A) If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—

(a) D is not a lower-tier district council, and

(b) any part of the boundary of D's area is also part of the boundary of C's area.

(3) In this section—

“ local authority ” means—

a county council, or district council, in England;

a London borough council;

the Common Council of the City of London;

the Council of the Isles of Scilly;

a county council, or county borough council, in Wales;

a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

a National Park authority;

the Broads Authority;

“ lower-tier district council ” means a district council in England for an area for which there is a county council;

“ unitary council ” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

“ upper-tier county council ” means a county council in England for each part of whose area there is a district council.