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Planning Act 2008

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Planning Act 2008 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Planning Act 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Planning Act 2008 2008 CHAPTER 29 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 significant 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:— PART 1 [F1INFRASTRUCTURE PLANNING: FEES] Annotations: Amendments (Textual) F1 Words in Pt. 1 heading substituted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 3(5); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a) F21 The Infrastructure Planning Commission . 2 Planning Act 2008 (c. 29) Part 1 – Infrastructure planning: fees Document Generated: 2019-01-21 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Planning Act 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Annotations: Amendments (Textual) F2 Ss. 1-3 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 2, Sch. 25 Pt. 20; S.I. 2012/628, art. 7 F22 Code of conduct . Annotations: Amendments (Textual) F2 Ss. 1-3 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 2, Sch. 25 Pt. 20; S.I. 2012/628, art. 7 F23 Register of Commissioners' interests . Annotations: Amendments (Textual) F2 Ss. 1-3 repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 2, Sch. 25 Pt. 20; S.I. 2012/628, art. 7 4 Fees (1) The Secretary of State may make regulations providing for the [F3charging 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 [F4incurred by the Secretary of State]— Planning Act 2008 (c. 29) 3 Part 2 – National policy statements Document Generated: 2019-01-21 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Planning Act 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (a) in the performance of any of [F5the 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 [F5the Secretary of State's major-infrastructure functions]. [F6(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. ] Annotations: Amendments (Textual) F3 Words in s. 4(1) substituted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 3(2); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a) F4 Words in s. 4(3) substituted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 3(3)(a); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a) F5 Words in s. 4(3) substituted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 3(3)(b); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a) F6 S. 4(4)(5) inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 3(4); S.I. 2012/57, art. 2(a); S.I. 2012/628, art. 7(a) Commencement Information I1 S. 4 in force at 1.10.2009 in so far as not already in force by S.I. 2009/2260, art. 2(a) PART 2 NATIONAL POLICY STATEMENTS 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 4 Planning Act 2008 (c. 29) Part 2 – National policy statements Document Generated: 2019-01-21 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Planning Act 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (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 [F7and— (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.] [F8(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.
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