Legislation – Planning and Infrastructure Act 2025

Part 1
Infrastructure

Chapter 1 Nationally significant infrastructure projects

1 National policy statements: review

2 National policy statements: parliamentary requirements

3 Projects relating to water

4 Power to disapply requirement for development consent

5 Applications for development consent: removal of certain pre-application requirements

6 Applications for development consent: changes related to section 5

7 Applications for development consent: acceptance stage

8 Applications for development consent: local impact reports and representations

9 Examination of applications for development consent

10 Applications for development consent: costs

11 Planning Act 2008: right to enter and survey land

12 Changes to, and revocation of, development consent orders

13 Planning Act 2008: legal challenges

Chapter 2 Electricity infrastructure

Connections to the electricity transmission and distribution systems

14 Connections to electricity network: licence and other modifications

15 Scope of modification power under section 14

16 Procedure relating to modifications under section 14

17 Directions to modify connection agreements

18 Managing connections to the network: strategic plans etc

Consents for electricity infrastructure in Scotland

19 Consents for generating stations and overhead lines: applications

20 Variation of consents etc

21 Proceedings for questioning certain decisions on consents

22 Applications for necessary wayleaves: fees

24 : minor and consequential amendments

25 Environmental impact assessments for electricity works

Long duration electricity storage

26 Long duration electricity storage

Consumer benefits

27 Benefits for homes near electricity transmission projects

Electricity transmission period

28 Electricity transmission systems: extension of commissioning period

Electricity generation on forestry land

29 Use of forestry estate for renewable electricity

Wind generating stations and seismic array systems

30 Wind generating stations that may affect seismic array systems

Chapter 3 Transport infrastructure

Amendments to the Highways Act 1980

31 Fees for certain services

32 Power of strategic highways company in relation to trunk roads

33 Deadlines for consultation and decisions on certain orders and schemes

34 Procedure for certain orders and schemes

35 Compulsory acquisition powers to include taking of temporary possession

Amendments to the Transport and Works Act 1992

36 Replacement of model clauses with guidance

37 Removal of special procedure for projects of national significance

38 Duty to hold inquiry or hearing

39 Costs of inquiries

40 Deadline for decisions

41 Publication of decisions and time for bringing challenge

42 Fees for certain services

43 Deemed grant of listed building consent etc

44 Deemed consent under marine licence

45 Authorisation of applications by local authorities

46 Extension to Scotland of certain amendments

47 Power to make consequential amendments

48 Fees for applications for harbour orders

Electric vehicle charge points etc

49 Installation of electric vehicle charge points

50 Accessibility of public charging or refuelling points

Part 2
Planning

Chapter 1 Planning decisions

51 Fees for planning applications etc

52 Surcharge on planning fees

53 Training for local planning authorities in England

54 Delegation of planning decisions in England

55 Directions giving deemed planning permission: special regard to heritage assets

56 Planning permission etc: extension of time in event of legal challenge

57 Provision of advice by Natural England to public authorities

Chapter 2 Spatial development strategies

58 Spatial development strategies

Part 3
Development and nature recovery

59 Overview of EDPs

60 Scope of an EDP: area, kind and volume of development and time period

61 Environmental features, environmental impacts and conservation measures

62 Nature restoration levy: charging schedules

63 Other requirements for an EDP

64 Draft EDP: notification and consultation

65 Making of EDP by Secretary of State

66 Publication of EDP

67 Reporting on an EDP

68 Amendment of an EDP

69 Revocation of an EDP

70 Remedial action by Secretary of State where EDP ends or is revoked

71 Challenging an EDP

72 Commitment to pay the nature restoration levy

73 Regulations about the nature restoration levy

74 Liability to pay the levy

75 Amount of the levy

77 Use of nature restoration levy

78 Collection of nature restoration levy

80 Compensation

81 Guidance about the nature restoration levy

82 Administering, implementing and monitoring EDPs

83 Power to enter and survey or investigate land

84 Warrant to enter and survey or investigate land

85 Powers of entry: further provision

86 Powers of entry: compensation

87 Powers of entry: offences

88 Remedial action: powers of Secretary of State etc to enter and survey or investigate land

89 Compulsory purchase powers: Natural England

90 Compulsory purchase powers: Secretary of State

91 Annual reports

92 Power to designate person to exercise functions under this Part

93 Transfer schemes in connection with regulations under section 92(1)

94 General duties when exercising functions relating to EDPs

95 Duty of co-operation

96 Amendments relating to this Part

98 Application to the Crown

99 Interpretation

Part 4
Development corporations

100 Areas for development and remit

101 Relationship between different types of development corporation

102 Duties to have regard to sustainable development and climate change

103 Powers in relation to infrastructure

104 Exercise of transport functions and transfer schemes

Part 5
Compulsory purchase

105 Electronic service etc

106 Required content of newspaper notices

107 Confirmation by acquiring authority: orders with modifications

108 General vesting declarations: expedited procedure

109 General vesting declarations: advancement of vesting by agreement

110 Adjustment of basic and occupier’s loss payments

111 Home loss payments: exclusions

112 Temporary possession of land in connection with compulsory purchase

113 Amendments relating to of the

114 New powers to appoint an inspector

Part 6
Miscellaneous and general provision

115 Reporting on extra-territorial environmental outcomes

118 Commencement and transitional provision

119 Short title

SCHEDULES

Schedule 1 Minor and consequential amendments to the Electricity Act 1989

Schedule 2 Section 58: minor and consequential amendments

Schedule 3 Environmental delivery plans: effect on environmental obligations

Schedule 4 Compulsory acquisition of land under Part 3: supplementary provisions

Schedule 5 Amendments relating to Part 3

Which version?
Latest available (Revised)
Original (As enacted)

Part 3Development and nature recovery

Environmental delivery plans: reporting, amendment, revocation and challenge

70Remedial action by Secretary of State where EDP ends or is revoked

(1)

This section applies where a report under section 67(1)(b) or (2) (report at end or on revocation of EDP) contains an assessment that the EDP has not passed, or would be unlikely to pass, the overall improvement test (see section 67(7) and (8)).

(2)

The Secretary of State must take such action (“remedial action”) as the Secretary of State considers proportionate for the purpose of seeking to materially outweigh the negative effect on the conservation status of the identified environmental feature that is (or is likely to be) caused by the environmental impact (as identified in the EDP in accordance with section 61(1)(b)) of any development in respect of which a developer has paid or will pay the nature restoration levy.

(3)

In deciding whether remedial action is proportionate, the Secretary of State must take into account—

(a)

the extent of the negative effect on the conservation status of the identified environmental feature,

(b)

the extent to which the remedial action would remedy that negative effect, and

(c)

the cost of the remedial action.

(4)

Remedial action may include—

(a)

taking (or continuing to take) any conservation measures included in the EDP, or directing another public authority to take (or continue to take) such measures;

(b)

taking, or directing another public authority to take, any other measures to improve the conservation status of the identified environmental feature.

(5)

The Secretary of State must, before the end of the period of six months beginning with the date on which the report mentioned in subsection (1) is published, publish a statement setting out—

(a)

the remedial action that the Secretary of State intends to take, and

(b)

the effect that the remedial action is expected to have on the identified environmental feature.

(6)

The Secretary of State must, before the end of the period of two years beginning with the date on which the statement mentioned in subsection (5) is published, publish a report setting out—

(a)

the extent to which the remedial action has remedied the negative effect mentioned in subsection (2), and

(b)

whether the remedial action has had its expected effect, as set out in the statement under subsection (5)(b).

(7)

If any measures taken by way of remedial action have not been fully implemented by the time the report mentioned in subsection (6) is published—

(a)

that report must set out when the measures are expected to be fully implemented, and

(b)

the Secretary of State must publish a further report, containing the information required under subsection (6)(a) and (b), before the end of the period of six months beginning with the day on which the measures are fully implemented.