Legislation – Planning and Infrastructure Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Planning and Infrastructure Act 2025, Section 7.
Changes to Legislation
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Part 1Infrastructure
Chapter 1Nationally significant infrastructure projects
7Applications for development consent: acceptance stage
(1)
(2)
(3)
In subsection (3)—
(a)
“(ca)
that the applicant has complied with section 46 (duty to notify Secretary of State and others of proposed application), and”;
(b)
omit paragraph (e).
(4)
“(4)
The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(f), must take into account—
(a)
the extent to which the application complies with section 37(3) (form and contents of application),
(b)
the extent to which any applicable guidance under section 37(4) has been followed in relation to the application,
(c)
the extent to which the application complies with any standards set under section 37(5) (standards for documents etc accompanying application),
(d)
the applicant’s approach to satisfying section 48 (duty to publicise), and
(e)
the extent to which the applicant has had regard to any advice given under section 51 in connection with the application (or the proposed application that has become the application).
(4A)
In considering the matter in subsection (4)(d), the Secretary of State must take into account the extent to which the applicant has had regard to any guidance under section 50(1).”
(5)
Omit subsection (5).
(6)
Omit subsection (5A).
(7)
“(6)
The Secretary of State must notify the applicant of the decision under subsection (2).
(7)
If the Secretary of State decides under subsection (2) not to accept the application, the Secretary of State must—
(a)
prepare a statement of the Secretary of State’s reasons for that decision,
(b)
provide a copy of the statement to the applicant, and
(c)
publish the statement in such form and manner as the Secretary of State thinks appropriate.”
(8)
In section 118 (legal challenges relating to applications for orders granting development consent), in subsection (3)(b), for “notifies the applicant as required by subsection (7)” substitute “provides the copy of the statement of reasons for the decision to the applicant as required by subsection (7)(b)”
.
(9)
In consequence of the amendment in subsection (6), omit section 137(4) of the Localism Act 2011.