Legislation – Planning and Infrastructure Act 2025

After subsection (5) insert—

“(5A)

Regulations made by the Secretary of State under subsection (1) or (2) may authorise or require a local planning authority in England to set the level of a fee or charge.

(5B)

Regulations under subsection (1ZA) may authorise or require the Mayor of London or a specified person to set the level of a fee or charge.

(5C)

Provision made in reliance on subsection (5A) or (5B) must include provision about—

(a)

consultation to be carried out in relation to the setting of the level of a fee or charge;

(b)

the criteria to be applied when setting the level of a fee or charge;

(c)

publication of information or reports;

(d)

obligations to notify the Secretary of State;

(e)

reviews of the level of a fee or charge.”

After subsection (8A) insert—

“(8B)

Where—

(a)

a local planning authority in England, the Mayor of London or a specified person calculates the amount of a fee or charge in pursuance of regulations under subsection (1) or (1ZA), or

(b)

a local planning authority in England, the Mayor of London or a specified person sets the level of a fee or charge in pursuance of regulations under subsection (1), (1ZA) or (2),

the fee or charge must be calculated or set with a view to ensuring that, so far as possible, it does not exceed the cost of carrying out the function in respect of which it is imposed.

(8C)

A local planning authority in England, the Mayor of London or a specified person must secure that their income from fees or charges paid in pursuance of regulations made under subsection (1), (1ZA) or (2) is applied towards the carrying out of functions that the authority, Mayor or person has that fall within subsection (8D).

(8D)

The functions that fall within this subsection are—

(a)

functions under—

(i)

Part 3,

(ii)

in Part 7, section 191 or 192, or

(iii)

Part 8;

(b)

in the case of the Mayor of London, functions under section 2A and related functions under sections 2B to 2F;

(c)

functions under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(d)

functions under section 17 of the Land Compensation Act 1961;

(e)

functions specified for the purposes of this paragraph in regulations made by the Secretary of State,

other than functions in connection with applications made in legal proceedings.”

After section 303 of the Town and Country Planning Act 1990 insert—

“303ZZADirections in relation to fees set by English local planning authorities etc

(1)

This section applies where—

(a)

by virtue of section 303(5A) or (5B), a local planning authority in England, the Mayor of London or a specified person (a “charging authority”) has set or is proposing to set its own fee or charge in respect of a matter, and

(b)

the Secretary of State considers that the fee or charge is set or proposed to be set at a level that is not appropriate.

(2)

The Secretary of State may direct the charging authority to review the level of the fee or charge.

(3)

A charging authority to which a direction is given under subsection (2) must—

(a)

review the fee or charge, and

(b)

notify the Secretary of State of its decision as a result of the review, giving reasons.

(4)

Subsection (5) applies where—

(a)

a charging authority fails to comply with subsection (3), or

(b)

a charging authority complies with that subsection but the Secretary of State considers that the fee or charge remains set at a level that is not appropriate.

(5)

The Secretary of State may direct that the fee or charge is to be of such amount as may be specified in, or determined in accordance with, the direction.

(6)

The Secretary of State may by regulations make provision—

(a)

about the time by which any requirement imposed by or under this section must be complied with;

(b)

about the fee or charge that is to apply while a charging authority reviews a fee or charge following a direction under subsection (2);

(c)

about repayment of the whole or part of any fee or charge where the level of the fee or charge is reduced as a result of a direction under subsection (2) or (5).

(7)

In this section “specified person” has the same meaning as in section 303.”

In the Town and Country Planning Act 1990, after section 319ZZB (inserted by section 53) insert—

“England: discharge of functions of local planning authority

319ZZCRequirement for functions to be discharged by committee, sub-committee or officer

(1)

The Secretary of State may by regulations require a relevant local planning authority to make arrangements under section 101 of the 1972 Act for such relevant planning functions as are prescribed—

(a)

to be discharged by a committee, sub-committee or officer of the authority;

(b)

to be discharged by a committee, sub-committee or officer of the authority in prescribed circumstances.

(2)

The regulations may —

(a)

prescribe the terms of the arrangements (which may include exceptions) and any permitted variations in those terms;

(b)

provide for the arrangements to confer a discretion on any person in connection with the delegation of a function.

(3)

Where arrangements required by the regulations are in force in relation to a relevant planning function, the function may only be exercised in accordance with the arrangements (and section 101(4) of the 1972 Act does not apply).

319ZZDSize and composition of committee discharging functions

(1)

The Secretary of State may by regulations prescribe requirements relating to the size and composition of a committee or sub-committee by which such relevant planning functions as are prescribed are to be discharged.

(2)

A relevant local planning authority may not arrange for a relevant planning function to be discharged by a committee or sub-committee of the authority which fails to satisfy a requirement imposed by regulations under this section in relation to the discharge of that function.

(3)

If a committee or sub-committee discharging a relevant planning function fails to satisfy such a requirement, paragraph 43 of Schedule 12 to the 1972 Act (validity of proceedings) does not apply in relation to the failure.

319ZZESections 319ZZC and 319ZZD: supplementary

(1)

Sections 101 and 102 of the 1972 Act have effect subject to sections 319ZZC and 319ZZD and any regulations made under them.

(2)

Where arrangements are in force under section 101(5) of the 1972 Act for two or more relevant local planning authorities to discharge any of their relevant planning functions jointly, sections 319ZZC and 319ZZD apply in relation to those functions as if—

(a)

references to a committee or sub-committee of a relevant local planning authority were references to a joint committee or sub-committee of those authorities;

(b)

references to an officer of a relevant local planning authority were references to an officer of any of those authorities.

(3)

Regulations under sections 319ZZC and 319ZZD may—

(a)

make different provision for different relevant local planning authorities;

(b)

make different provision for cases where two or more such authorities have made arrangements under section 101(1)(b) or (5) of the 1972 Act for the discharge of any of their relevant planning functions.

(4)

In operating arrangements required by regulations under section 319ZZC, relevant local planning authorities must have regard to any relevant guidance issued by the Secretary of State.

(5)

In making arrangements for the discharge of a function prescribed in regulations under section 319ZZD, relevant local planning authorities must have regard to any relevant guidance issued by the Secretary of State.

(6)

The Secretary of State must consult such persons as the Secretary of State considers appropriate before—

(a)

making regulations under section 319ZZC or 319ZZD, or

(b)

issuing guidance under subsection (4) or (5).

(7)

Sections 319ZZC and 319ZZD and this section apply in relation to a relevant planning function conferred on a relevant mineral planning authority as if references to a relevant local planning authority were to a relevant mineral planning authority.

319ZZFInterpretation of sections 319ZZC to 319ZZE

(1)

In sections 319ZZC to section 319ZZE, “relevant local planning authority” means a local planning authority in England which is an authority to which sections 101 and 102 of the 1972 Act apply, except that it does not include—

(a)

a National Park authority, or

(b)

the Broads Authority.

(2)

In section 319ZZE, “relevant mineral planning authority” means a mineral planning authority in England which is an authority to which sections 101 and 102 of the 1972 Act apply, except that it does not include a National Park authority.

(3)

In sections 319ZZC to 319ZZE, “relevant planning function” has the same meaning as in section 319ZZA (see subsections (9) and (10) of that section).

(4)

In sections 319ZZC to 319ZZE and this section, “the 1972 Act” means the Local Government Act 1972.”

In section 333 of the Town and Country Planning Act 1990 (regulations and orders), after subsection (3ZAA), insert—

“(3ZAB)

The first regulations under section 319ZZC or 319ZZD may not be made unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.”

In section 90 of the Town and Country Planning Act 1990 (directions deeming planning permission to be granted for certain development with government authorisation), after subsection (2A) insert—

“(2B)

Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (special regard to listed buildings) applies to a government department or the Secretary of State in considering whether to make a direction under this section as it applies to the Secretary of State in considering whether to grant planning permission.”

In section 91 (general condition limiting duration of planning permission), for subsections (3A) and (3B) substitute—

“(3A)

In subsections (3B) to (3BB)—

“implementation period” means the period before the end of which a development to which a planning permission relates must be begun (see subsections (1) and (3));

“relevant proceedings” means proceedings to challenge the validity, in respect of the development of land in England, of a grant of planning permission or of a deemed grant of planning permission.

(3B)

If a person is given permission by a court to bring relevant proceedings, the implementation period is extended by one year.

(3BA)

If a party to relevant proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, the implementation period is extended by one year.

(3BB)

If a party to relevant proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, the implementation period is extended by two years.

(3BC)

Any extension of a period under subsection (3B), (3BA) or (3BB) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).

(3BD)

Any extension of a period under subsection (3BA) is to run consecutively to the previous extension of the period under subsection (3B) (if they would otherwise overlap).

(3BE)

Any extension of a period under subsection (3BB) is to run consecutively to the previous extension of the period under subsection (3B) and any previous extension of the period under subsection (3BA) (if they would otherwise overlap).

(3BF)

The references in subsections (3BA) and (3BB) to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).”

After section 92 insert—

“92AExtension of outline planning permission etc in event of legal challenge

(1)

This section applies where a person is given permission by a court to bring proceedings challenging the validity, in respect of the development of land in England, of—

(a)

a grant (or deemed grant) of outline planning permission, or

(b)

the approval of reserved matters under such a permission.

(2)

Any reserved matters application period or implementation period that is running when the court gives permission to bring the proceedings is extended by one year.

(3)

If a party to the proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by one year.

(4)

If a party to the proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, any reserved matters application period or implementation period that is running at that time is extended by two years.

(5)

Any extension of a period under subsection (2), (3) or (4) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).

(6)

Any extension of a period under subsection (3) is to run consecutively to the previous extension of the period under subsection (2) (if they would otherwise overlap).

(7)

Any extension of a period under subsection (4) is to run consecutively to the previous extension of the period under subsection (2) and any previous extension of the period under subsection (3) (if they would otherwise overlap).

(8)

For the purposes of subsections (2) to (4), an implementation period that is determined by reference to an approval of a reserved matter starts to run when the reserved matters application is made (and the reserved matters application period ceases to run at that point).

(9)

Subsection (10) applies if a reserved matters application is made without taking advantage of an extension under this section.

(10)

Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of days by which the reserved matters application period is extended under this section.

(11)

Subsection (12) applies if a reserved matters application period is extended (or further extended) under this section and the reserved matters application is made taking advantage of the extension but before the end of the period as extended.

(12)

Any implementation period determined by reference to the approval sought by the reserved matters application is extended by the number of whole days remaining in the reserved matters application period (as extended) when the reserved matters application is made.

(13)

In this section—

“implementation period”, in relation to a grant of outline planning permission, means the period before the end of which development to which the permission relates must be begun (see section 92(2)(b), (4) and (5));

“outline planning permission” has the same meaning as in section 92;

“reserved matters application” means an application for the approval of a reserved matter in pursuance of section 92;

“reserved matters application period”, in relation to a grant of outline planning permission, means the period before the end of which a reserved matters application relating to the permission is required to be made (see section 92(2)(a), (4) and (5)).

(14)

In this section, references to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).”

In the Planning (Listed Buildings and Conservation Areas) Act 1990, in section 18 (limit of duration of listed buildings consent), for subsections (2A) and (2B) substitute—

“(2A)

In subsections (2A) to (2BB)—

“implementation period” means the period before the end of which works to which a listed building consent relates are required to be begun in pursuance of subsection (1) or (2);

“relevant proceedings” means proceedings to challenge the validity of a grant of listed building consent or of a deemed grant of listed building consent.

(2B)

If a person is given permission by a court to bring relevant proceedings, the implementation period is extended by one year.

(2BA)

If a party to relevant proceedings is given permission to appeal to the Court of Appeal against a decision determining the challenge, the implementation period is extended by one year.

(2BB)

If a party to relevant proceedings is given permission to appeal to the Supreme Court against a decision determining the challenge, the implementation period is extended by two years.

(2BC)

Any extension of a period under subsection (2B), (2BA) or (2BB) is to run concurrently with any other extension of the period under the same subsection (so far as they overlap).

(2BD)

Any extension of a period under subsection (2BA) is to run consecutively to the previous extension of the period under subsection (2B) (if they would otherwise overlap).

(2BE)

Any extension of a period under subsection (2BB) is to run consecutively to the previous extension of the period under subsection (2B) and any previous extension of the period under subsection (2BA) (if they would otherwise overlap).

(2BF)

The references in subsections (2BA) and (2BB) to determining a challenge are to determining it after a full hearing (and accordingly do not include a refusal of permission or leave).”