“(1)

The Secretary of State—

(a)

must review each national policy statement whenever the Secretary of State thinks it appropriate to do so, and

(b)

in any event, must carry out a full review of each national policy statement at times that enable the Secretary of State to comply with subsection (5A).”

(3)

In subsection (2), at the end insert “, and in this section a “full review” means a single review relating to all of a national policy statement”.

(4)

After subsection (4) insert—

“(4A)

Whenever the Secretary of State decides to review a national policy statement, the Secretary of State must lay a statement before Parliament announcing the review.”

(5)

After subsection (5) insert—

“(5A)

But, unless and until a statement’s designation as a national policy statement is withdrawn—

(a)

the Secretary of State must amend each national policy statement within the initial period (see section 6ZA), and

(b)

the Secretary of State must subsequently amend each national policy statement at intervals of no more than five years.

(5B)

An amendment of a national policy statement counts for the purposes of subsection (5A) only if the amendment arises from a full review of the statement.

(5C)

An amendment of a national policy statement that is required by subsection (5A) to be made by a certain time may be delayed beyond that time only if and for so long as exceptional circumstances exist which, in the opinion of the Secretary of State, make the delay unavoidable.

(5D)

In that case the Secretary of State must, before the deadline for amending the national policy statement, lay a statement before Parliament explaining the reasons for the extension and stating when the Secretary of State expects to amend the national policy statement.”

(6)

After section 6 of the Planning Act 2008 insert—

“6ZAReview: supplementary

(1)

Subsections (2) to (5) explain what is meant by “the initial period” in section 6(5A)(a).

(2)

In the case of a national policy statement that is designated on or after the relevant date, the initial period is the period of five years beginning with the date of designation.

(3)

In the case of a national policy statement that—

(a)

was designated before the relevant date, and

(b)

was amended before the relevant date,

the initial period is the period of five years beginning with the date of the amendment or, if an amendment was made on more than one occasion before the relevant date, the date of the latest such amendment.

(4)

In the case of a national policy statement that—

(a)

was designated within the period of five years ending with the relevant date, and

(b)

was not amended before the relevant date,

the initial period is the period of five years beginning with the date of designation.

(5)

In the case of a national policy statement that—

(a)

was designated before the beginning of the period of five years ending with the relevant date, and

(b)

was not amended before the relevant date,

the initial period is the period of two years beginning with the relevant date.

(6)

Section 6(5) applies in relation to a full review of a national policy statement within subsection (5) of this section carried out within the initial period as if the option in section 6(5)(c) (leave the statement as it is) was not available to the Secretary of State following that review.

(7)

In this section—

“full review” has the meaning given by section 6(2);

“the relevant date” means the date on which section 6(5A) comes into force.”

2National policy statements: parliamentary requirements

(1)

Part 2 of the Planning Act 2008 (national policy statements) is amended as set out in subsections (2) and (3).

(2)

In section 6 (review)—

(a)

in subsection (7)(b)(i), omit “under section 9(8)”;

(b)

in subsection (7A), omit “under section 9(8)”;

(c)

after subsection (9) insert—

“(10)

In subsections (7)(b)(i) and (7A), references to an amendment being laid before Parliament are references to—

(a)

in the case of an amendment that is, or is included in, a proposal to which subsections (4) to (8) of section 9 do not apply (see section 9(8A)), the amendment being laid under section 9(2);

(b)

in any other case, the amendment being laid under section 9(8).”

(3)

In section 9 (parliamentary requirements)—

(a)

after subsection (8) insert—

“(8A)

Subsections (4) to (8) do not apply in relation to the proposal if it—

(a)

is an amendment within subsection (11), or

(b)

consists only of amendments within that subsection.”;

(b)

in subsection (9)—

(i)

for “subsection (8)”, in each place, substitute “the laying requirement”;

(ii)

in paragraph (b), after “5(4)(a)” insert “or 6(7)(a)”;

(c)

in subsection (10), for “subsection (8)” substitute “the laying requirement”;

(d)

after subsection (10) insert—

“(11)

An amendment is within this subsection if it is an amendment proposed to a national policy statement in order to reflect—

(a)

published Government policy that is relevant to development of a description to which the statement relates,

(b)

the amendment, revocation or repeal of legislation referred to in the statement, or the amendment, revocation, repeal or coming into force of legislation relevant to development of a description to which the statement relates,

(c)

a change (not within paragraph (a) or (b)) to a published document referred to in the statement, or

(d)

a decision of a court in proceedings referred to in section 13 or 118, or other proceedings, so far as relevant to the interpretation of the statement or legislation referred to in the statement.

(12)

In subsection (11), “legislation” means an Act or an instrument made under an Act.

(13)

In this section, “the laying requirement” means—

(a)

if the proposal is one to which subsections (4) to (8) do not apply, subsection (2);

(b)

otherwise, subsection (8).”

(4)

The amendments made by this section apply in relation to amendments proposed to be made to a national policy statement that arise from a review of the statement completed or begun before (as well as after) the date on which this section comes into force.

3Projects relating to water

(1)

Part 3 of the Planning Act 2008 (nationally significant infrastructure projects) is amended as set out in subsections (2) to (4).

(2)

In section 27 (dams and reservoirs)—

(a)

in subsection (1)(b), after “by” insert “, or by a person appointed by,”;

(b)

in subsection (2)(b), after “by” insert “, or by a person appointed by,”;

(c)

after subsection (3) insert—

“(4)

In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.”

(3)

In section 28 (transfer of water resources)—

(a)

in subsection (1)(a), after “by” insert “, or by a person appointed by,”;

(b)

after subsection (2) insert—

“(3)

In this section, the reference to “a person appointed by” a water undertaker includes a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.”

(4)

In section 28A (desalination plants)—

(a)

in subsection (1)(b), after “by” insert “, or by a person appointed by,”;

(b)

in subsection (2)(b), after “by” insert , or by a person appointed by,”;

(c)

after subsection (3) insert—

“(4)

In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.”

(5)

The amendments made by this section do not apply in relation to a project where, before the day on which this section comes into force—

(a)

consent for the project was required, or otherwise provided for, by or under an enactment other than section 31 of the Planning Act 2008 (requirement for development consent in relation to development that is or forms part of a nationally significant infrastructure project), and

(b)

any steps provided for by or under the enactment in question, to obtain that consent, had been taken.

(6)

In subsection (5), “consent” means any consent, approval, permission, authorisation, confirmation, direction or decision (however described, given or made).

(1)

The Planning Act 2008 is amended as set out in subsections (2) to (4).

(2)

In section 31 (when development consent is required)—

(a)

the existing text becomes subsection (1);

(b)

after that subsection insert—

“(2)

But see section 35B (power for the Secretary of State to give a direction disapplying the requirement for development consent).”

(3)

In section 35ZA (directions under section 35), after subsection (10) insert—

“(10A)

The Secretary of State must publish a direction under section 35(1) or subsection (3) of this section.”

(4)

After section 35A insert—

“35BDirections disapplying requirement for development consent

(1)

The Secretary of State may give a direction that development consent is not required for development specified in the direction.

This is subject to subsections (2) and (4).

(2)

The Secretary of State may give a direction only if—

(a)

the Secretary of State considers that it is appropriate for an alternative consenting regime to apply in relation to the development, rather than this Act,

(b)

no application for an order granting development consent for the development has been made, and

(c)

the development will (when completed) be wholly in one or more of the areas specified in subsection (3).

(3)

The areas are—

(a)

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

(b)

in the case of development that is or forms part of a project for the carrying out of works in the field of energy, a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.

(4)

The Secretary of State may give a direction only if—

(a)

the conditions in subsection (5) are satisfied,

(b)

the conditions in subsection (6) are satisfied,

(c)

the Secretary of State is the person who proposes to carry out the development, or

(d)

the Secretary of State considers that the appropriate alternative consenting regime for the development is that under section 59 of TCPA 1990 (development orders).

(5)

The conditions referred to in subsection (4)(a) are that—

(a)

the Secretary of State receives a written request for a direction from a qualifying person,

(b)

the request specifies the development to which it relates,

(c)

the request identifies the appropriate alternative consenting regime for the development,

(d)

the request explains why the person making the request considers that it is appropriate for that alternative consenting regime to apply in relation to the development, and

(e)

the request includes evidence showing that the alternative consenting authority is aware of the intention to request a direction specifying the development.

(6)

The conditions referred to in subsection (4)(b) are that—

(a)

the Secretary of State receives a written request for a direction from a person who has power to make a local development order, a Mayoral development order or a simplified planning zone scheme,

(b)

the request specifies the development to which it relates, and

(c)

the request indicates that the person making the request considers that the appropriate alternative consenting regime for the development is that under section 61A (local development orders), 61DA (Mayoral development orders) or 82 (simplified planning zone schemes) of TCPA 1990 (as the case may be), giving reasons for that view.

(7)

The condition in subsection (2)(b) is to be regarded as met in relation to development if an application for an order granting development consent for the development is made during the period beginning with the day on which this Act is passed and ending with the day on which this section comes into force.

(8)

For the purposes of this section—

(a)

an “alternative consenting regime” for development means a regime set out in legislation other than this Act under which, if development consent were not required for the development, a specified person would have power to authorise the development, and

(b)

the person referred to in paragraph (a) is the “alternative consenting authority” in relation to that regime.

(9)

In this section—

“direction” means a direction under subsection (1);

“legislation” means an Act or an instrument made under an Act;

“local development order” has the meaning given in section 61A of TCPA 1990;

“Mayoral development order” has the meaning given in section 61DA of TCPA 1990;

“qualifying person” means—

(a)

a person who proposes to carry out any of the development to which the request relates;

(b)

a person who, if a direction were given specifying the development, proposes to apply to an alternative consenting authority in relation to the development;

“simplified planning zone scheme” has the same meaning as in TCPA 1990 (see section 82 of that Act).

35CDirections under section 35B: supplementary

(1)

In this section “direction” means a direction under section 35B(1).

(2)

Subsection (3) applies if—

(a)

the Secretary of State decides to give a direction that has been requested as described in section 35B(5), and

(b)

a person proposed (before or after that section came into force) to make an application for an order granting development consent for the development to which the request relates.

(3)

The direction may include provision—

(a)

for the proposed application to be treated as a proposed application to a specified alternative consenting authority;

(b)

for specified provisions of legislation governing an alternative consenting regime—

(i)

to have effect in relation to the proposed application with any specified modifications;

(ii)

to be treated as having been complied with in relation to the proposed application.

(4)

In the application of subsection (3) to a direction that is to specify development for which an application seeking development consent has been made (see section 35B(7)), references to the proposed application include references to the application.

(5)

If the Secretary of State receives a request for a direction as described in section 35B(5) or (6), the Secretary of State must give reasons for the decision to give or not to give the requested direction to the person who made the request.

(6)

The Secretary of State must publish a direction.

(7)

In this section, the following expressions have the same meaning as in section 35B—

“alternative consenting authority”,

“alternative consenting regime”, and

“legislation”.

35DTimetable for deciding request for direction under section 35B

(1)

The Secretary of State may by regulations—

(a)

make provision about time limits for decisions about whether to give directions under section 35B(1) following qualifying requests (including provision for the extension of any prescribed period in prescribed circumstances);

(b)

make provision for and in connection with the provision of information to the Secretary of State for the purposes of such decisions.

(2)

In this section “qualifying request” means a request in relation to which the conditions in section 35B(5) or (6) are satisfied.”

(5)

In the Electricity Act 1989, in section 36 (consent required for construction etc of generating stations)—

(a)

after subsection (1A) insert—

“(1AA)

Subsection (1) does not apply to the construction or extension of a generating station in England if the construction or extension constitutes development specified in a direction under section 35B(1) of the Planning Act 2008 (direction disapplying requirement for development consent).”;

(b)

after subsection (11) insert—

“(12)

In subsection (1AA) “England” does not include waters in England (nor waters adjacent to England).”

(6)

In the Marine and Coastal Access Act 2009, in section 12 (certain consents under section 36 of the Electricity Act 1989)—

(a)

in subsection (2), in the words after paragraph (c), for “subsections (3) and (4)” substitute “subsection (3)”;

(b)

omit subsection (4).

Omit the following sections of the Planning Act 2008—

(a)

section 42 (duty to consult);

(b)

section 43 (local authorities for purposes of section 42(1)(b));

(c)

section 44 (categories for purposes of section 42(1)(d));

(d)

section 45 (timetable for consultation under section 42);

(e)

section 47 (duty to consult local community);

(f)

section 49 (duty to take account of responses to consultation and publicity).

(1)

The Planning Act 2008 is amended as set out in subsections (2) to (9).

(2)

In section 37 (applications for orders granting development consent)—

(a)

in subsection (3)—

(i)

insert “and” at the end of paragraph (b);

(ii)

omit paragraph (c) (together with the final “and”);

(b)

omit subsections (7) and (8).

(3)

In section 39 (register of applications), in subsection (4)—

(a)

insert “and” at the end of paragraph (a);

(b)

omit paragraph (b) (together with the final “and”).

(4)

In section 41 (Chapter applies before application is made), in subsection (1), at the end insert “(and “applicants” is to be construed accordingly)”.

(5)

In section 46 (duty to notify Secretary of State of proposed application)—

(a)

for subsection (1) substitute—

“(1)

The applicant must supply to the Secretary of State—

(a)

the information specified in subsection (1C), and

(b)

such further information as may be prescribed.

(1A)

The applicant must supply to each host local authority—

(a)

the information specified in subsection (1C), and

(b)

such further information as may be prescribed.

(1B)

In any case where the proposed development would affect, or would be likely to affect, any of the areas specified in subsection (5), the applicant must supply to the Marine Management Organisation—

(a)

the information specified in subsection (1C), and

(b)

such further information as may be prescribed.

(1C)

The information referred to in subsections (1)(a), (1A)(a) and (1B)(a) is as follows—

(a)

the applicant’s name and address,

(b)

a statement that the applicant intends to apply for an order granting development consent,

(c)

a statement about why development consent is required for the proposed development, specifying the relevant provision of Part 3 (or referring to a direction that has been given under section 35), and

(d)

a summary of the proposed application, specifying the location or route of the proposed development.”;

(b)

omit subsection (2);

(c)

after subsection (2) insert—

“(3)

A local authority is a “host local authority” if the land is in the authority’s area.

(4)

In this section “local authority” means—

(a)

a county council, or district council, in England;

(b)

a London borough council;

(c)

the Common Council of the City of London;

(d)

the Council of the Isles of Scilly;

(e)

a county council, or county borough council, in Wales;

(f)

a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

(g)

a National Park authority;

(h)

the Broads Authority.

(5)

The areas referred to in subsection (1B) are—

(a)

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

(b)

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

(c)

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

(d)

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.”;

(d)

in the heading, after “Secretary of State” insert “and others”.

(6)

In section 48 (duty to publicise), omit subsection (2).

(7)

For section 50 substitute—

“50Guidance about pre-application steps

(1)

Applicants must have regard to any guidance issued by the Secretary of State to assist them in complying with section 48.

(2)

The Secretary of State must issue guidance to assist applicants, setting out what the Secretary of State considers to be best practice in terms of the steps they might take in relation to a proposed application in readiness for submitting an actual application.”

(8)

In section 52 (obtaining information about interests in land), in subsection (1), for “provisions of, or made under, Chapter 2 of this Part or” substitute “regulations made under section 37 or with provisions of, or made under,”.

(9)

In Schedule 12 (application of Act to Scotland: modifications), omit paragraph 5.

(10)

In the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/572)—

(a)

in regulation 3(1), in the definition of “the consultation bodies”—

(i)

in paragraph (a), omit “prescribed under section 42(1)(a) (duty to consult) and”;

(ii)

in paragraph (a), for “column 2” substitute “column 3”;

(iii)

at the end of paragraph (a) insert “(reading references to applications as references to proposed applications, where the context requires)”;

(iv)

in paragraph (b), for “section 43 (local authorities for purposes of section 42(1)(b))” substitute “section 56A (local authorities for purposes of sections 56(2)(b) and 60(2)(a))”;

(b)

in regulation 8(1), for “carrying out consultation under section 42 (duty to consult)” substitute “publicising the proposed application under section 48,”;

(c)

omit regulation 12 (consultation statement requirements).

(11)

Omit—

(a)

section 23(2), (3) and (4) of the Marine and Coastal Access Act 2009;

(b)

the following provisions of the Localism Act 2011—

(i)

section 133;

(ii)

section 134;

(iii)

section 135(8);

(iv)

paragraphs 8(2) and 9 of Schedule 13.

(1)

The Planning Act 2008 is amended as set out in subsections (2) to (8).

(2)

Section 55 (acceptance of applications) is amended as set out in subsections (3) to (7).

(3)

In subsection (3)—

(a)

after paragraph (c) insert—

“(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)

For subsection (4) substitute—

“(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)

For subsections (6) and (7) substitute—

“(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.

(1)

The Planning Act 2008 is amended as follows.

(2)

In section 60 (local impact reports), after subsection (5) insert—

“(6)

In preparing a local impact report, an authority must have regard to any relevant guidance issued by the Secretary of State.

(7)

But that duty does not apply to an authority for an area that is in Scotland.”

(3)

After section 96 insert—

“96ARepresentations from public authorities

(1)

In making any representations about the application (oral or written), a relevant public authority must have regard to any guidance issued by the Secretary of State to assist such authorities in making representations for the purposes of the examination of an application.

(2)

“Relevant public authority” means a public authority within any of paragraphs (a) to (c) of section 56(2), except—

(a)

the Scottish Ministers,

(b)

a Northern Ireland department, or

(c)

any other public authority whose functions are exercisable only in or as regards Scotland or Northern Ireland.”

(1)

In section 89 of the Planning Act 2008 (Examining authority’s decisions about how application is to be examined), in subsection (1), after “light of” insert “the assessment under section 88(1) and”.

(2)

In section 97 of that Act (procedure rules), after subsection (5) insert—

“(5A)

Power under this section to make rules includes power to make transitional provision.”

(3)

The amendment made by subsection (1) applies in relation to every application in respect of which the assessment under section 88(1) of the Planning Act 2008 is made on or after the date on which subsection (1) comes into force (whenever the application was made or accepted).

(1)

The Planning Act 2008 is amended as follows.

(2)

In section 95 (hearings: disruption etc)—

(a)

omit subsections (4) and (5);

(b)

in the heading, omit “, supervision and costs”.

(3)

After section 96A (inserted by section 8) insert—

“96BCosts

(1)

The Examining authority may make orders about—

(a)

the costs of any person who—

(i)

is an interested party in relation to the application, or

(ii)

makes a written representation to the Examining authority about the application;

(b)

the person or persons who must pay the costs.

(2)

Every such order may be made a rule of the High Court on the application of any person named in the order.”

11Planning Act 2008: right to enter and survey land

(1)

Section 53 of the Planning Act 2008 (rights of entry) is amended as set out in subsections (2) to (7).

(2)

In subsection (1), for “Any person duly authorised in writing by the Secretary of State” substitute “An authorised person”.

(3)

After subsection (1A) insert—

“(1B)

In subsection (1) “authorised person” means a person who is authorised in writing to exercise the power in that subsection on behalf of—

(a)

a person who has made an application for an order granting development consent that has been accepted by the Secretary of State,

(b)

a person who proposes to make an application for an order granting development consent, or

(c)

a person who has been granted the benefit of an order granting development consent of a kind specified in subsection (1)(c).”

(4)

Omit subsection (2).

(5)

In subsection (4)—

(a)

in the words before paragraph (a), for “authorised under subsection (1) to enter any land” substitute “acting in the exercise of a power of entry onto any land conferred under subsection (1)”;

(b)

insert “and” at the end of paragraph (a);

(c)

in paragraph (b)—

(i)

for “any land which is occupied” substitute “the land”;

(ii)

for “the occupier” substitute “every owner or occupier of the land”;

(d)

omit “and” at the end of paragraph (b);

(e)

omit paragraph (c).

(6)

After subsection (4) insert—

“(4A)

Notice given in accordance with subsection (4)(b) must include prescribed information.

(4B)

A justice of the peace may issue a warrant authorising a person to use force in the exercise of the power conferred under subsection (1) if satisfied—

(a)

that another person has prevented or is likely to prevent the exercise of that power, and

(b)

that it is reasonable to use force in the exercise of that power.

(4C)

The force that may be authorised by a warrant is limited to that which is reasonably necessary.

(4D)

A warrant authorising the person to use force must specify the number of occasions on which the person can rely on the warrant when entering land.

(4E)

The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the entry is required.

(4F)

Any evidence in proceedings for a warrant must be given on oath.”

(7)

After subsection (8) insert—

“(8A)

Section 4 of the Land Compensation Act 1961 (costs) applies to the determination of a question referred under subsection (8) as it applies to the determination of a question under section 1 of that Act, but as if references to the acquiring authority were references to the person from whom compensation is claimed.”

(8)

In paragraph 7 of Schedule 12 to the Planning Act 2008 (application of Act to Scotland: modifications of section 53)—

(a)

after paragraph (za) insert—

“(zb)

in subsections (4B) and (4E), the references to a justice of the peace were references to a sheriff or summary sheriff,”;

(b)

omit “and” at the end of paragraph (b);

(c)

after paragraph (b) insert—

“(ba)

in subsection (8A)—

(i)

the reference to section 4 of the Land Compensation Act 1961 were a reference to sections 9 and 11 of the Land Compensation (Scotland) Act 1963, and

(ii)

the reference to section 1 of the Land Compensation Act 1961 were a reference to section 8 of the Land Compensation (Scotland) Act 1963, and”.

(9)

In the Localism Act 2011—

(a)

omit section 136(4);

(b)

in paragraph 12 of Schedule 13—

(i)

in sub-paragraph (2), omit “and (2)”;

(ii)

omit sub-paragraph (3).

(1)

Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders granting development consent) is amended as set out in subsections (2) to (4).

(2)

Omit paragraph 2 (non-material changes to orders granting development consent) and the italic heading before it.

(3)

In paragraph 3 (changes to, and revocation of, orders)—

(a)

in sub-paragraph (3)(b), omit “or paragraph 2 of this Schedule”;

(b)

in sub-paragraph (5A), after “should” insert “, when considered in conjunction with any other changes already made,”.

(4)

In paragraph 4 (changes to, and revocation of, orders: supplementary), after sub-paragraph (6) insert—

“(6A)

If a development consent order is changed in exercise of the power conferred by paragraph 3(1), the development consent order continues in force.

(6B)

If a development consent order is changed or revoked in the exercise of the power conferred by paragraph 3(1), the change or revocation takes effect on—

(a)

the date on which the order making the change or revocation is made, or

(b)

if the order specifies a date on which the change or revocation takes effect, the specified date.

(6C)

Except in a case within sub-paragraph (7), the Secretary of State must publish an order making a change to, or revoking, a development consent order in such manner as the Secretary of State thinks appropriate.”

(5)

In section 118 of the Planning Act 2008 (legal challenges)—

(a)

omit subsection (5);

(b)

in subsection (6)(b), for “notice of the change or revocation” to the end substitute “the order making the change or revocation is published.”

(6)

In consequence of the amendment in subsection (2), omit—

(a)

paragraph 4(6)(a) of Schedule 8 to the Marine and Coastal Access Act 2009,

(b)

paragraph 72(4) to (7) of Schedule 13 to the Localism Act 2011,

(c)

section 28(2) of the Infrastructure Act 2015,

(d)

paragraph 8(3)(b)(i) of Schedule 7 to the Wales Act 2017, and

(e)

section 128 of the Levelling-up and Regeneration Act 2023.

13Planning Act 2008: legal challenges

(1)

In the Senior Courts Act 1981, in subsection (1) of section 18 (restrictions on appeals to Court of Appeal), after paragraph (c) insert—

“(ca)

from a refusal of permission to apply for judicial review in a case within section 13 or 118 of the Planning Act 2008 (proceedings relating to national policy statements or development consent), if the High Court decides that the application for permission to apply for judicial review is totally without merit;”.

(2)

The power to make Civil Procedure Rules must be exercised so as to secure that Civil Procedure Rules include—

(a)

provision requiring an application for permission to apply for judicial review in a case within section 13 or 118 of the Planning Act 2008 (proceedings relating to national policy statements or development consent) to be decided at an oral hearing;

(b)

provision that the court may, at the oral hearing of such an application, decide that the application is totally without merit.