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Planning Act 2008 Page 1 Planning Act 2008 Page 1 Planning Act 2008 2008 CHAPTER 29 Thomson Reuters (Legal) Limited. UK Statutes Crown Copyright. Reproduced by permission of the Controller of Her Majesty©s Stationery Of®ce. An Act to establish the Infrastructure Planning Commission and make provision about its functions; to make provision about, and about matters ancillary to, the authorisation of projects for the development of nationally signi®cant infrastructure; to make provision about town and country planning; to make provision about the imposition of a Community Infrastructure Levy; and for connected purposes. [26th November 2008] BE IT ENACTED by the Queen©s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:Ð Extent Preamble: United Kingdom PART 1 THE INFRASTRUCTURE PLANNING COMMISSION Law In Force ! Amendment(s) Pending 1 The Infrastructure Planning Commission (1) There is to be a body corporate called the Infrastructure Planning Commission (in this Act referred to as ªthe Commissionº). (2) The Commission©s functions are those conferred on it by or under this or any other Act. (3) Schedule 1 is about the Commission. Amendments Pending Pt 1 s. 1: words substituted by Localism Act 2011 c. 20 Sch. 13(1) para. 3(5) (date to be appointed) Pt 1 s. 1: repealed by Localism Act 2011 c. 20 Sch. 13(1) para. 2 (date to be appointed) Pt 1 s. 1: repealed by Localism Act 2011 c. 20 Sch. 25(20) para. 1 (date to be appointed) Commencement Pt 1 s. 1(1)-(3): October 1, 2009 (SI 2009/2260 art. 2(a)) Planning Act 2008 Page 2 Extent Pt 1 s. 1(1)-(3): England, Wales, Scotland Law In Force Amendment(s) Pending 2 Code of conduct (1) The Commission must issue a code about the conduct expected of Commissioners in connection with the performance of the Commission©s functions. (2) The code must includeÐ (a) provision requiring each Commissioner to disclose ®nancial and other interests in accordance with the procedure established under section 3, and (b) such other provision as the Secretary of State may direct. (3) The Commission must arrange for the code to be published. (4) The CommissionÐ (a) must keep the code under review, and (b) may from time to time revise it or replace it. (5) References in this Act to the code of conduct issued under this section include the code as revised or replaced under this section. (6) A failure to observe any provision of the code does not of itself make a Commissioner liable to any criminal or civil proceedings. Amendments Pending Pt 1 s. 2: words substituted by Localism Act 2011 c. 20 Sch. 13(1) para. 3(5) (date to be appointed) Pt 1 s. 2: repealed by Localism Act 2011 c. 20 Sch. 13(1) para. 2 (date to be appointed) Pt 1 s. 2: repealed by Localism Act 2011 c. 20 Sch. 25(20) para. 1 (date to be appointed) Commencement ! Pt 1 s. 2(1)-(6): October 1, 2009 (SI 2009/2260 art. 2(a)) Extent Pt 1 s. 2(1)-(6): England, Wales, Scotland Law In Force Amendment(s) Pending 3 Register of Commissioners© interests (1) The Commission must establish a procedure for the disclosure and registration of ®nancial and other interests of Commissioners. (2) The Commission must arrange for the register entries to be published. Planning Act 2008 Page 3 Amendments Pending Pt 1 s. 3: words substituted by Localism Act 2011 c. 20 Sch. 13(1) para. 3(5) (date to be appointed) Pt 1 s. 3: repealed by Localism Act 2011 c. 20 Sch. 13(1) para. 2 (date to be appointed) Pt 1 s. 3: repealed by Localism Act 2011 c. 20 Sch. 25(20) para. 1 (date to be appointed) Commencement Pt 1 s. 3(1)-(2): October 1, 2009 (SI 2009/2260 art. 2(a)) Extent Pt 1 s. 3(1)-(2): England, Wales, Scotland Law In Force Amendment(s) Pending 4 Fees (1) The Secretary of State may make regulations providing for the charging of fees by the Commission in connection with the performance of any of its functions. (2) Regulations under subsection (1) may in particular make provisionÐ (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 CommissionÐ (a) in the performance of any of its functions, and (b) in doing anything which is calculated to facilitate, or is conducive or incidental to, the performance of any of its functions. Amendments Pending Pt 1 s. 4: words substituted by Localism Act 2011 c. 20 Sch. 13(1) para. 3(5) (date to be appointed) Pt 1 s. 4(1): words substituted by Localism Act 2011 c. 20 Sch. 13(1) para. 3(2) (date to be appointed) Pt 1 s. 4(3): words substituted by Localism Act 2011 c. 20 Sch. 13(1) para. 3(3)(a) (date to be appointed) Pt 1 s. 4(3): words substituted by Localism Act 2011 c. 20 Sch. 13(1) para. 3(3)(b) (date to be appointed) Pt 1 s. 4(4): added by Localism Act 2011 c. 20 Sch. 13(1) para. 3(4) (date to be appointed) Planning Act 2008 Page 4 Pt 1 s. 4(5): added by Localism Act 2011 c. 20 Sch. 13(1) para. 3(4) (date to be appointed) Commencement Pt 1 s. 4(1)-(3)(b): November 26, 2008 for purposes of making orders (other than orders granting, or making changes to orders granting, development consent) regulations or rules, or making provision about what is (or is not) permitted to be done, or what is required to be done in the exercise of any such power subject to savings speci®ed in 2008 c.29 s.241(2); October 1, 2009 otherwise (2008 c. 29 Pt 12 s. 241(1)(a), Pt 12 s. 241(2); 2008 c. 29 Pt 12 s. 241(8); SI 2009/2260 art. 2(a)) Extent Pt 1 s. 4(1)-(3)(b): England, Wales, Scotland PART 2 NATIONAL POLICY STATEMENTS Law In Force Amendment(s) Pending 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 statementÐ (a) is issued by the Secretary of State, and (b) sets out national policy in relation to one or more speci®ed descriptions of development. (2) In this Act ªnational policy statementº 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. (5) The policy set out in a national policy statement may in particularÐ (a) set out, in relation to a speci®ed description of development, the amount, type or size of development of that description which is appropriate nationally or for a speci®ed area; (b) set out criteria to be applied in deciding whether a location is suitable (or potentially suitable) for a speci®ed description of development; (c) set out the relative weight to be given to speci®ed criteria; (d) identify one or more locations as suitable (or potentially suitable) or unsuitable for a speci®ed description of development; (e) identify one or more statutory undertakers as appropriate persons to carry out a speci®ed description of development; (f) set out circumstances in which it is appropriate for a speci®ed type of action to be taken to mitigate the impact of a speci®ed description of development. Planning Act 2008 Page 5 (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 mustÐ (a) arrange for the publication of a national policy statement, and (b) lay a national policy statement before Parliament. (10) In this section ªstatutory undertakersº means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of TCPA 1990. Amendments Pending Pt 2 s. 5(4): words and paras (a) and (b) substituted for words by Localism Act 2011 c.
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