Legislation – Planning and Infrastructure Act 2025

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Part 4Development corporations

103Powers in relation to infrastructure

(1)

The New Towns Act 1981 is amended as set out in subsections (2) to (5).

(2)

In section 4 (objects and general powers of development corporations)—

(a)

after subsection (1B) insert—

“(1C)

To secure such laying out and development every development corporation established for the purposes of a new town in England has the power (subject to section 5)—

(a)

to acquire, hold, manage and dispose of land and other property,

(b)

to carry out building and other operations,

(c)

to carry on any business or undertaking in or for the purposes of the new town,

and generally to do anything necessary or expedient for the purposes or incidental purposes of the new town. (See also section 4A (powers in relation to infrastructure).)”;

(b)

in subsection (2), in the words before paragraph (a), after “corporation” insert “established for the purposes of a new town in Wales”;

(c)

in subsection (3)—

(i)

in the words before paragraph (a), for “subsection (2)” substitute “subsections (1C) and (2)”;

(ii)

in paragraph (a), for “that subsection” substitute “those subsections”;

(iii)

in paragraph (b), for “that subsection” substitute “those subsections”;

(d)

in subsection (5)(b), after “subsection” insert “(1C) or”.

(3)

After section 4 insert—

“4APowers in relation to infrastructure: England

(1)

A development corporation established for the purposes of a new town in England may, to secure the laying out and development referred to in section 4(1), provide or facilitate the provision of infrastructure.

(2)

In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).

(3)

In this section “infrastructure” means—

(a)

water, electricity, gas, telecommunications, sewerage or other services, including heat networks,

(b)

roads or other transport facilities,

(c)

retail or other business facilities,

(d)

health, educational, employment or training facilities,

(e)

social, religious or recreational facilities,

(f)

cremation or burial facilities, and

(g)

community facilities not falling within paragraphs (a) to (f).

(4)

Section 4(5) applies in relation to subsection (1) as it applies in relation to section 4(2).”

(4)

In section 5 (restriction on powers of development corporations), in subsection (5)—

(a)

in paragraph (a), after “services” insert “or heat networks”;

(b)

in paragraph (b), at the beginning insert “in the case of a development corporation established for the purposes of a new town in Wales,”;

(c)

in the words after paragraph (b), after “undertaking” insert “in Wales”.

(5)

In section 80(1) (defined terms), at the appropriate place insert—

““heat networks” has the meaning given by section 216 of the Energy Act 2023;”.

(6)

The Local Government, Planning and Land Act 1980 is amended as set out in subsections (7) to (9).

(7)

In section 136 (objects and general powers)—

(a)

after subsection (2) insert—

“(2A)

Subject to sections 137 and 138, for the purpose of achieving the object an urban development corporation established for the purposes of an urban development area in England may—

(a)

acquire, hold, manage, reclaim and dispose of land and other property;

(b)

carry out building and other operations;

(c)

carry on any business or undertaking for the purposes of the object; and

(d)

generally do anything necessary or expedient for the purposes of the object or for purposes incidental to those purposes.

(See also section 136A (powers in relation to infrastructure).)

(2B)

But nothing in this Part authorises an urban development corporation established for the purposes of an urban development area in England to carry on any business or undertaking for—

(a)

the supply of water, electricity or gas, or

(b)

the provision of sewerage services or heat networks.”;

(b)

in subsection (3), in the words before paragraph (a), after “corporation” insert “established for the purposes of an urban development area in Wales”;

(c)

in subsection (4), for after “subsection” insert “(2A) or”;

(d)

in subsection (7), for “subsection (3)” substitute “subsection (2A) or (3)”.

(8)

After section 136 insert—

“136APowers in relation to infrastructure: England

(1)

An urban development corporation established for the purposes of an urban development area in England may, for the purpose of achieving the object in section 136(1), provide or facilitate the provision of infrastructure.

(2)

In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).

(3)

In this section “infrastructure” means—

(a)

water, electricity, gas, telecommunications, sewerage or other services, including heat networks,

(b)

roads or other transport facilities,

(c)

retail or other business facilities,

(d)

health, educational, employment or training facilities,

(e)

social, religious or recreational facilities,

(f)

cremation or burial facilities, and

(g)

community facilities not falling within paragraphs (a) to (f).

(4)

Section 136(7) applies in relation to subsection (1) as it applies in relation to section 136(3).”

(9)

In section 171 (interpretation), at the appropriate place insert—

““heat networks” has the meaning given by section 216 of the Energy Act 2023;”.

(10)

The Localism Act 2011 is amended as follows.

(11)

In section 205(4) (powers of Mayoral development corporations in relation to infrastructure), at the end of paragraph (a) insert “including heat networks within the meaning of section 216 of the Energy Act 2023,”.

(12)

In section 212 (power of Mayoral development corporations to carry on businesses or undertakings)—

(a)

after subsection (1) insert—

“(1A)

This section does not authorise an MDC to carry on a business for—

(a)

the supply of water, electricity or gas, or

(b)

the provision of sewerage services or heat networks.”;

(b)

after subsection (6) insert—

“(7)

In this section “heat networks” has the meaning given by section 216 of the Energy Act 2023.”