Legislation – Planning and Infrastructure Act 2025

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Schedules

Schedule 2Section 58: minor and consequential amendments

Section 58(3)

Town and Country Planning Act 1990

1 (1)

Section 303A of the Town and Country Planning Act 1990 (responsibility of local planning authorities for costs of holding certain inquiries) is amended as follows.

(2)

In subsection (1A), before paragraph (a) insert—

“(zza)

a public examination under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004;”.

(3)

After subsection (1B) insert—

“(1BA)

Where the qualifying procedure is a public examination of a spatial development strategy under section 12I or 12P(6)(a) of the Planning and Compulsory Purchase Act 2004, the appropriate authority is the Secretary of State.”

(4)

In subsection (2), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”.

(5)

In subsection (3), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”.

(6)

In subsection (6), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”.

(7)

In subsection (9A)—

(a)

in the opening words and in paragraph (a), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”;

(b)

for paragraph (b) substitute—

“(b)

the Secretary of State (or a person acting on the Secretary of State’s behalf) holds a public or independent examination in relation to a strategy, plan or document prepared by the local planning authority or strategic planning authority, or by the Secretary of State under section 12P(2)(a) or 15HA(2)(a) of that Act.”

(8)

After subsection (9B) (as inserted by paragraph 7(4) of Schedule 8 to LURA 2023) insert—

“(9C)

In a case where a qualifying procedure is carried out in relation to a spatial development strategy that is prepared by a strategic planning board under Part 1A of the Planning and Compulsory Purchase Act 2004 (see section 12B of that Act), the Secretary of State may for the purposes of this section apportion the amount that may be recovered in accordance with subsections (4) to (6) between the constituent authorities of the board, on such basis as the Secretary of State considers just and reasonable.”

(9)

After subsection (12) (as inserted by paragraph 7(6) of Schedule 8 to LURA 2023) insert—

“(13)

In this section “strategic planning authority” has the meaning given by section 12A of the Planning and Compulsory Purchase Act 2004.”

Planning and Compulsory Purchase Act 2004

2

PCPA 2004 is amended as set out in paragraphs 3 to 5.

3

In section 15LH (interpretation) (as inserted by Schedule 7 to LURA 2023), in subsection (3), in the definition of “spatial development strategy”—

(a)

in paragraph (b), after “adopted” insert “before Part 1A comes into force”;

(b)

after paragraph (b) insert—

“(ba)

a spatial development strategy adopted before Part 1A comes into force by a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023;

(bb)

a spatial development strategy within the meaning of Part 1A (see section 12W(1));”.

4

In section 39A (assistance with plan making) (as inserted by section 100 of LURA 2023), in subsection (5), after paragraph (b) insert—

“(ba)

a spatial development strategy within the meaning of Part 1A (see section 12W(1));”.

5

In section 113 (validity of strategies, plans and documents)—

(a)

in subsection (9)(f) (as inserted by paragraph 23(3)(c) of Schedule 8 to LURA 2023), after “adopted” insert “before Part 1A comes into force”;

(b)

after subsection (9)(f) insert—

“(fa)

in the case of a spatial development strategy adopted before Part 1A comes into force by a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023, or any alteration or replacement of it, whichever provisions of (or applied by) an order under that Act give the combined county authority powers in relation to such a strategy;

(fb)

Part 1A of this Act in the case of a spatial development strategy within the meaning of that Part (see section 12W(1)), or any alteration or replacement of it.”

Levelling-up and Regeneration Act 2023

6

LURA 2023 is amended as set out in paragraphs 7 to 11.

7

In section 91 (interpretation of Chapter 1 of Part 3), in the definition of “relevant planning authority”, after paragraph (e) insert—

“(ea)

a strategic planning authority (within the meaning given in section 12A of PCPA 2004),”.

8

In section 97 (plan making), omit “joint spatial development strategies,”.

9

In section 100 (assistance with plan making), in section 39A of PCPA 2004 inserted by that section, in subsection (5)(b), omit “or Part 2 of this Act”.

10

In Schedule 7 (plan making), omit the following provisions substituted for sections 15 to 37 of PCPA 2004—

(a)

sections 15A to 15AI;

(b)

the italic heading before section 15A;

(c)

section 15LE(2)(a), (b) and (c);

(d)

in section 15LH(3)—

(i)

the definition of “joint spatial development strategy”;

(ii)

paragraph (c) of the definition of “spatial development strategy”.

11 (1)

Schedule 8 (minor and consequential amendments in connection with Chapter 2 of Part 3) is amended as follows.

(2)

In paragraph 7, omit sub-paragraph (2)(a).

(3)

In paragraph 21(a), in the words substituted for words in section 39(1)(b) of PCPA 2004, omit “joint spatial development strategy,”.

(4)

In paragraph 23—

(a)

in sub-paragraph (3)(c), omit paragraph (g) inserted into section 113(9) of PCPA 2004;

(b)

in sub-paragraph (5), in subsection (13) inserted into section 113 of PCPA 2004, for “, “spatial development strategy for London” and “joint spatial development strategy”” substitute “and “spatial development strategy for London””.

(5)

In paragraph 25—

(a)

in paragraph (a), omit paragraph (za) inserted into section 122(5) of PCPA 2004;

(b)

in paragraph (b), in the words inserted into section 122(6) of PCPA 2004, omit “(za),”.

(6)

In paragraph 39(6), in paragraph (6)(a) inserted into regulation 108 of the Habitats Regulations, omit “joint spatial development strategy,”.

(7)

In paragraph 40—

(a)

in sub-paragraph (2)(a), in the words substituted for words in paragraph (b) of the definition of “land use plan” in regulation 111(1) of the Habitats Regulations, omit “joint spatial development strategy,”;

(b)

in sub-paragraph (3)(a), omit sub-paragraph (aa) substituted for regulation 111(2)(a) and (b) of the Habitats Regulations.

Habitats Regulations

12 (1)

Regulation 111 of the Habitats Regulations (interpretation of Chapter 8) is amended as follows.

(2)

In paragraph (1), in the definition of “land use plan”—

(a)

in paragraph (a), for “(the spatial development strategy)” substitute “(the spatial development strategy for London)”;

(b)

after paragraph (a) insert—

“(aa)

a spatial development strategy as provided for in Part 1A of the 2004 Planning Act;

(ab)

a spatial development strategy of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, not being a spatial development strategy within paragraph (aa);

(ac)

a spatial development strategy of a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023, not being a spatial development strategy within paragraph (aa);”.

(3)

In paragraph (1), in the definition of “plan-making authority”—

(a)

in paragraph (a), after “replacement” insert “of the spatial development strategy for London”;

(b)

after paragraph (a) insert—

“(aa)

a strategic planning authority (within the meaning given in section 12A of the 2004 Planning Act);

(ab)

a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 when exercising powers in relation to a spatial development strategy specified in paragraph (ab) of the definition of “land use plan”;

(ac)

a combined county authority established under section 9 of the Levelling-up and Regeneration Act 2023 when exercising powers in relation to a spatial development strategy specified in paragraph (ac) of the definition of “land use plan;”;

(c)

in paragraph (c), before sub-paragraph (ii) insert—

“(ia)

section 12P or 12Q of the 2004 Planning Act (Secretary of State’s powers in relation to spatial development strategy);”.

(4)

In paragraph (2)—

(a)

in sub-paragraph (c), after “strategy”, in both places, insert “for London”;

(b)

after sub-paragraph (c) insert—

“(ca)

the adoption or approval of a spatial development strategy or of an alteration of such a strategy under Part 1A of the 2004 Planning Act;

(cb)

the adoption or alteration of a spatial development strategy specified in paragraph (ab) of the definition of “land use plan”;

(cc)

the adoption or alteration of a spatial development strategy specified in paragraph (ac) of the definition of “land use plan”;”.

Interpretation

13

In this Schedule—

“PCPA 2004” means the Planning and Compulsory Purchase Act 2004;

“LURA 2023” means the Levelling-up and Regeneration Act 2023;

“Habitats Regulations” means the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).