Legislation – Planning and Infrastructure Act 2025

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Part 1Infrastructure

Chapter 1Nationally significant infrastructure projects

(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).

Changes to legislation:

Changes to Legislation

Part 1Infrastructure

Chapter 1Nationally significant infrastructure projects

4Power to disapply requirement for development consent

(1)

(2)

(a)

(b)

“(2)

(3)

“(10A)

(4)

“35BDirections disapplying requirement for development consent

(1)

(2)

(a)

(b)

(c)

(3)

(a)

(b)

(4)

(a)

(b)

(c)

(d)

(5)

(a)

(b)

(c)

(d)

(e)

(6)

(a)

(b)

(c)

(7)

(8)

(a)

(b)

(9)

(a)

(b)

35CDirections under section 35B: supplementary

(1)

(2)

(a)

(b)

(3)

(a)

(b)

(i)

(ii)

(4)

(5)

(6)

(7)

35DTimetable for deciding request for direction under section 35B

(1)

(a)

(b)

(2)

(5)

(a)

“(1AA)

(b)

“(12)

(6)

(a)

(b)