Legislation – Planning and Infrastructure Act 2025

“8Guidance on draft orders

(1)

The Secretary of State may publish guidance about the preparation of draft orders, for cases in which rules under section 6 require the submission of such drafts to the Secretary of State.

(2)

The Welsh Ministers may publish guidance about the preparation of draft orders, for cases in which rules under section 6 require the submission of such drafts to the Welsh Ministers.

(3)

The guidance may set out model provisions considered suitable for inclusion in the drafts (whether generally or in certain cases).

(4)

In arriving at a determination under section 13 in a case to which guidance under this section applies, the Secretary of State or (as the case may be) the Welsh Ministers must have regard to—

(a)

any departure from the guidance, and

(b)

any reasons given by the applicant for that departure.”

37Removal of special procedure for projects of national significance

(1)

In the Transport and Works Act 1992, omit section 9 (special procedure for projects considered to be of national significance).

(2)

In consequence of that amendment—

(a)

in section 3 of the Statutory Orders (Special Procedure) Act 1945 (petitions against orders), omit subsection (4A);

(b)

in section 12 of the Transport and Works Act 1992 (special parliamentary procedure), omit subsection (2);

(c)

in the Channel Tunnel Rail Link Act 1996, omit section 42 (application of section 9 of the 1992 Act to certain proposals affecting the Channel Tunnel).

(3)

The amendments made by this section do not apply in relation to an application in respect of which a notice under section 9(2) of the Transport and Works Act 1992 has been published before this section comes into force.

38Duty to hold inquiry or hearing

(1)

Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is amended as follows.

(2)

In subsection (3) (duty to hold inquiry or hearing on request from objector), for the words from “an objection” to “applies,” substitute “—

(a)

an objection is made by a person within subsection (4),

(b)

the person informs the Secretary of State in writing that the person wishes the objection to be referred to an inquiry or dealt with in accordance with subsection (2), and

(c)

the Secretary of State considers that the objection is serious enough to merit such treatment,”.

(3)

After subsection (3) insert—

“(3A)

In a case in which the powers in subsections (1) and (2) are exercisable by the Welsh Ministers, subsection (3) is to be read as referring to the Welsh Ministers instead of the Secretary of State.”

(4)

The amendments made by this section do not apply in relation to an application in respect of which rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with before this section comes into force.

39Costs of inquiries

(1)

Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is amended as follows.

(2)

In subsection (5) (application of section 250 of the Local Government Act 1972), before paragraph (a) insert—

“(za)

the powers of direction, certification and order-making conferred by section 250(4) and (5) as applied by this subsection may, unless otherwise directed by the Secretary of State or the Welsh Ministers, be exercised on their behalf by the person holding the inquiry,”.

(3)

After subsection (5) insert—

“(5A)

The power of direction conferred by section 250(4) of the Local Government Act 1972 (costs of inquiry) as applied by subsection (5) is, in the case of an application under section 6, to be exercised so as to require the applicant to pay the costs in question, unless the person exercising the power considers that there is good reason to exercise it differently.”

(4)

In subsection (6) (application to hearings of provisions applied to inquiries), after “(costs)” insert “, and subsection (5A) of this section,”.

(5)

The amendments made by subsections (3) and (4) do not apply in relation to an application in respect of which rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with before this section comes into force.

40Deadline for decisions

(1)

The Transport and Works Act 1992 is amended as follows.

(2)

In section 13 (making or refusal of orders), after subsection (6) insert—

“(7)

The Secretary of State may, for cases involving applications under section 6, make rules as to the period within which—

(a)

a determination under subsection (1) must be made, or

(b)

a step must be taken as required by subsection (4), section 13B or section 13C.

(8)

Rules under subsection (7)—

(a)

may provide for periods to be determined or changed by the Secretary of State or the Welsh Ministers in individual cases;

(b)

may provide for the postponement of a requirement under the rules where a fee payable in connection with the application is not paid on time;

(c)

may make different provision for different cases;

(d)

if they apply in relation to Wales, may be made only with the agreement of the Welsh Ministers;

(e)

must be made by statutory instrument;

and such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament.”

(3)

In consequence of that amendment—

(a)

in section 13(6), for “to 13D” substitute “and 13C”;

(b)

omit section 13D (requirement to determine EIA application or proposal within reasonable time);

(c)

in section 14(3A)(a), for “to 13D” substitute “and 13C”.

41Publication of decisions and time for bringing challenge

(1)

The Transport and Works Act 1992 is amended as follows.

(2)

In section 14 (publicity for making or refusal of order)—

(a)

in subsection (1), for paragraphs (b) and (c) substitute “and

(b)

publish the notice on a government website.”;

(b)

in subsection (2), for “(1)(a)” substitute “(1)”;

(c)

omit subsection (2A);

(d)

in subsection (3A), for “notices” substitute “notice”;

(e)

for subsection (3AA) substitute—

“(3AA)

If the determination is for the making of an EIA order, the notice under subsection (1) must include the information specified in subsection (3AB).”;

(f)

in subsection (4)—

(i)

for “a notice” substitute “a copy of the notice under subsection (1)”;

(ii)

omit the words from “; and” to the end.

(3)

In section 22(1) (period for challenging order), for the words from “within” to “published” substitute “before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination to make the order is first published under section 14(1)(b)”.

(4)

In consequence of those amendments—

(a)

in section 12(3)(c) (modification of section 22(1) where special parliamentary procedure applies), for “the notice required by section 14(1)(b) is published” substitute “notice is first published under section 14(1)(b)”;

(b)

in section 13(5) (date of operation of order), for the words from “the notice” to “published” substitute “notice of the determination to make the order is first published under section 14(1)(b)”.

(5)

The amendments made by this section do not apply in relation to a determination made before this section comes into force or any order made further to such a determination.

42Fees for certain services

After section 23 of the Transport and Works Act 1992 insert—

“23AFees for certain services in connection with orders

(1)

The appropriate national authority may by regulations make provision for, or in connection with, the charging of fees to applicants under section 6 by prescribed public authorities, in relation to the provision of relevant services.

(2)

A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided, whether or not to an applicant under section 6, in connection with—

(a)

an application under section 6, or

(b)

any other prescribed matter relating to an order, or proposed order, under section 1 or 3.

(3)

Regulations made 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 when a fee charged is payable;

(e)

about the recovery of fees charged;

(f)

about waiver, reduction or repayment of fees;

(g)

about the effect of paying or failing to pay fees charged (including provision permitting a prescribed public authority to withhold a relevant service that it would otherwise be required to provide under an enactment until any outstanding fees for that service are paid);

(h)

for the supply of information for any purpose of the regulations;

(i)

conferring a function, including a function involving the exercise of a discretion, on any person.

(4)

A prescribed public authority must have regard to—

(a)

any guidance published by the Secretary of State in relation to the exercise of the authority’s functions under regulations made under this section by the Secretary of State;

(b)

any guidance published by the Welsh Ministers in relation to the exercise of the authority’s functions under regulations made under this section by the Welsh Ministers.

(5)

Regulations under this section may make—

(a)

different provision for different purposes or areas;

(b)

incidental, consequential, supplementary, transitional or transitory provision or savings.

(6)

Regulations under this section are to be made by statutory instrument.

(7)

A statutory instrument containing regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)

A statutory instrument containing regulations made by the Welsh Ministers under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.

(9)

In this section—

“appropriate national authority” means—

(a)

in relation to England and cross-border orders, the Secretary of State, and

(b)

in relation to Wales but not cross-border orders, the Welsh Ministers;

“cross-border order” means an order under section 1 or 3 that has effect both in England and in Wales;

“prescribed” means prescribed by regulations made by the appropriate national authority under this section;

“public authority” means any person certain of whose functions are of a public nature.”

(1)

In the Transport and Works Act 1992, for section 17 (listed buildings and conservation areas) substitute—

“17Listed buildings: England

(1)

On making an order under section 1 or 3 that authorises controlled listed building works in England, the Secretary of State may direct that listed building consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(2)

Section 16(2) of the Listed Buildings Act (duty of special regard to listed buildings) applies to the making of a direction under this section as it would apply to the grant of listed building consent in relation to the building concerned.

(3)

Section 72(1) of the Listed Buildings Act (duty of special attention to conservation areas) applies to the making of a direction under this section in relation to a building in a conservation area as it would apply to the grant of listed building consent in relation to that building.

(4)

The provisions of the Listed Buildings Act apply in relation to any listed building consent deemed to be granted by virtue of a direction of the Secretary of State under this section as if the consent had been granted by the Secretary of State on an application referred under section 12 of that Act.

(5)

But that does not bring the decision to make the direction within section 62(2)(a) of that Act (decisions of Secretary of State that may only be challenged by way of statutory review).

(6)

In this section—

“conservation area” has the same meaning as in the Listed Buildings Act (see section 91(1) of that Act);

“controlled listed building works in England” means works to which section 7(1) of the Listed Buildings Act (demolition or alteration in character of a listed building in England) applies;

“listed building consent” means consent under section 8 of the Listed Buildings Act (listed building consent in England);

“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990.

17AListed buildings and conservation areas: Wales

(1)

On making an order under section 1 or 3 that authorises controlled listed building works in Wales, the Welsh Ministers may direct that listed building consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(2)

On making an order under section 1 or 3 that authorises controlled conservation area works in Wales, the Welsh Ministers may direct that conservation area consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(3)

Section 96(2) of HEWA 2023 (duty of special regard to listed buildings) applies to the making of a direction under subsection (1) as it would apply to the grant of listed building consent in relation to the building concerned.

(4)

Section 160(1) of HEWA 2023 (duty of special regard to conservation areas) applies—

(a)

to the making of a direction under subsection (1) in relation to a building in a conservation area, as it would apply to the grant of listed building consent in relation to that building, and

(b)

to the making of a direction under subsection (2), as it would apply to the grant of conservation area consent in relation to the building concerned.

(5)

The provisions of HEWA 2023 apply in relation to any consent deemed to be granted by virtue of a direction of the Welsh Ministers under this section as if the consent had been granted by the Welsh Ministers on an application referred under section 94 of that Act.

(6)

But that does not bring the decision to make the direction within section 182(2)(b) of that Act (decisions of Welsh Ministers that may only be challenged by way of statutory review).

(7)

In this section—

“conservation area” has the same meaning as in HEWA 2023 (see section 210 of that Act);

“conservation area consent” means consent under section 162 of HEWA 2023 (conservation area consent in Wales);

“controlled conservation area works in Wales” means works to which section 161 of HEWA 2023 (demolition of building in conservation area in Wales) applies;

“controlled listed building works in Wales” means works to which section 88 of HEWA 2023 (demolition or alteration in character of a listed building in Wales) applies;

“HEWA 2023” means the Historic Environment (Wales) Act 2023;

“listed building consent” means consent under section 89 of HEWA 2023 (listed building consent in Wales).”

(2)

In section 22 of that Act (validity of orders)—

(a)

in the heading, for “under section 1 or 3” substitute “and directions”;

(b)

after subsection (3) insert—

“(4)

This section applies to a direction under—

(a)

section 90(2A) of the Town and Country Planning Act 1990 (deemed planning permission),

(b)

section 17 or 17A of this Act (deemed listed building or conservation area consent), or

(c)

section 12(2A) of the Planning (Hazardous Substances) Act 1990 (deemed hazardous substances consent),

as it applies to an order under section 1 or 3.”

(3)

In section 12 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (reference of applications for listed building consent to Secretary of State), omit subsection (3A).

(4)

In section 94(4) of the Historic Environment (Wales) Act 2023 (reference to Welsh Ministers of application for listed building consent associated with Transport and Works Act application), after “application” in the second place it occurs insert “to the Secretary of State”.

(1)

In the Transport and Works Act 1992, after section 19 insert—

“19ADeemed consent under marine licences

(1)

An order of the Secretary of State under section 1 or 3 may include provision deeming a marine licence to have been granted by the Secretary of State for activities specified in the order (being activities for which the Secretary of State is the appropriate licensing authority).

(2)

Activity specified under subsection (1) must be carried out wholly in one or more of these areas—

(a)

England;

(b)

waters adjacent to England up to the seaward limits of the territorial sea;

(c)

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

(d)

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

(e)

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.

(3)

An order of the Welsh Ministers under section 1 or 3 may include provision deeming a marine licence to have been granted by the Welsh Ministers for activities specified in the order (being activities for which the Welsh Ministers are the appropriate licensing authority).

(4)

An order including provision under subsection (1) or (3) may also include provision—

(a)

deeming the licence to have been granted subject to such conditions as may be specified in the order;

(b)

deeming any such conditions to have been attached to the marine licence by the Secretary of State or (as the case may be) the Welsh Ministers under Part 4 of the MCAA 2009.

(5)

If an order includes provision of the sort mentioned in paragraphs (a) and (b) of subsection (4), sections 68 (notice of applications) and 69(3) and (5) (representations) of the MCAA 2009 do not apply in relation to the deemed marine licence.

(6)

In this section—

“the appropriate licensing authority” has the meaning given by section 113 of the MCAA 2009;

“exclusive economic zone” has the meaning given by section 322(1) of the MCAA 2009;

“marine licence” means a marine licence under Part 4 of the MCAA 2009;

“the MCAA 2009” means the Marine and Coastal Access Act 2009;

“Renewable Energy Zone” has the meaning given by section 84(4) of the Energy Act 2004.

(7)

For the purposes of this section, waters are to be treated as adjacent, or as not adjacent, to England if they would be so treated for the purposes of section 113 of the MCAA 2009 as a result of sections 322(4) to (9) of that Act.”

(2)

The amendments made by this section do not apply in relation to an order applied for under section 6 of the Transport and Works Act 1992 if rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with in respect of the application before this section comes into force.

45Authorisation of applications by local authorities

(1)

In section 20 of the Transport and Works Act 1992 (power to apply for or object to orders)—

(a)

in subsection (2), omit “by subsection (3) or (4)”;

(b)

after subsection (4) insert—

“(5)

In the case of a local authority to which section 239 of the Local Government Act 1972 applies, a resolution to make an application passed, by virtue of this section, in accordance with subsection (2)(a) of that section does not need to be confirmed in accordance with subsection (2)(b) of that section.”

(2)

The amendments made by this section do not apply in relation to an application or objection that is the subject of a resolution under section 239(2)(a) of the Local Government Act 1972 passed before this section comes into force.

46Extension to Scotland of certain amendments

The amendments made to the Transport and Works Act 1992 by the following provisions are extended to Scotland—

(a)

Schedule 3 to the Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070);

(b)

regulation 4(3) and (4) of the Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311).

47Power to make consequential amendments

(1)

The Secretary of State may by regulations made by statutory instrument make provision that is consequential on sections 36 to 46.

(2)

Regulations under this section may amend—

(a)

an Act, or

(b)

an Act or Measure of Senedd Cymru,

passed before the end of the session of Parliament in which this Act is passed.

(3)

Regulations under this section may include incidental, supplemental, transitional and saving provision.

(4)

A statutory instrument containing (whether alone or with other provision) regulations made in reliance on subsection (2) may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(5)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.