Legislation – Planning and Infrastructure Act 2025

“England: training in the exercise of certain planning functions

319ZZATraining: local planning authorities in England

(1)

The Secretary of State may by regulations make provision for and in connection with the training of members of local planning authorities in their exercise of such relevant planning functions as are prescribed.

(2)

Such regulations must provide for satisfactory completion of the training to be evidenced by a certificate valid for a prescribed period (a “certificate of completion”).

(3)

A member of a local planning authority who does not hold a valid certificate of completion is prohibited from—

(a)

exercising the prescribed relevant planning functions on behalf of a local planning authority, or

(b)

being involved in exercising the prescribed relevant planning functions on behalf of a local planning authority as a member of a committee or any other body.

(4)

Regulations under subsection (1) may, in particular—

(a)

provide for accreditation by the Secretary of State of—

(i)

courses of training, and

(ii)

persons providing such courses;

(b)

impose requirements as to record-keeping, including by imposing such requirements on a training provider.

(5)

Regulations under subsection (1) must require a local planning authority to publish on their website which of their members hold valid certificates of completion.

(6)

The validity of anything done in the exercise of a prescribed relevant planning function is not affected by any breach of subsection (3).

(7)

In this section—

(a)

references to a local planning authority are to a local planning authority in England;

(b)

references to a member of a local planning authority include a person who (though not a member of a local planning authority) is an appointed member of a committee or sub-committee of a local planning authority.

(8)

This section applies in relation to a relevant planning function conferred on a mineral planning authority as if references to a local planning authority were to a mineral planning authority in England.

(9)

In this section, “relevant planning function” means—

(a)

a function under—

(i)

Part 3;

(ii)

in Part 7, sections 191(4) and 192(2);

(iii)

Part 8;

(iv)

in Part 10, section 257;

(b)

a function under section 17 of the Land Compensation Act 1961;

(c)

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

(d)

a function of imposing or amending any condition, limitation or other restriction on a permission, approval or consent required by or under an enactment specified in paragraph (a) or (c);

(e)

an enforcement function exercisable in relation to—

(i)

development carried out without a permission, approval or consent required by or under an enactment specified in paragraph (a) or (c), or

(ii)

a failure to comply with any condition, limitation or other restriction of any such permission, approval or consent.

(10)

In subsection (9) any reference to a function under an enactment includes a function under an instrument made under the enactment.

319ZZBTraining: certain mayoral planning functions

(1)

The Secretary of State may by regulations make provision for and in connection with the training of persons who may exercise relevant mayoral planning functions in their exercise of such relevant mayoral planning functions as are prescribed.

(2)

Such regulations must provide for satisfactory completion of the training to be evidenced by a certificate valid for a prescribed period (a “certificate of completion”).

(3)

A mayor is prohibited from exercising the prescribed relevant mayoral planning functions without a valid certificate of completion.

(4)

A person who is authorised (by or under any enactment or by arrangements made by a mayor) to exercise a prescribed relevant mayoral planning function on behalf of a mayor is prohibited from exercising such a function, or being involved in the exercise of such a function as a member of a committee or any other body, without a valid certificate of completion.

(5)

Regulations under subsection (1) may, in particular—

(a)

provide for accreditation by the Secretary of State of—

(i)

courses of training, and

(ii)

persons providing such courses;

(b)

impose requirements as to record-keeping, including by imposing such requirements on a training provider.

(6)

The validity of anything done in the exercise of a prescribed relevant mayoral planning function is not affected by any breach of subsection (3) or (4).

(7)

In subsections (3) and (4), references to a mayor are to—

(a)

the Mayor of London,

(b)

a mayor for the area of a combined authority, and

(c)

a mayor for the area of a combined county authority.

(8)

In this section “relevant mayoral planning function” means—

(a)

any of the functions of the Mayor of London specified in subsection (9), and

(b)

any functions of a mayor for the area of a combined authority or a mayor for the area of a combined county authority which correspond to the functions of the Mayor of London specified in subsection (9).

(9)

The functions of the Mayor of London referred to in subsection (8) are as follows—

(a)

the function of—

(i)

giving a direction under section 2A(1) or (1B);

(ii)

giving a direction under section 74(1B)(a);

(b)

the function of determining an application by virtue of section 2A or 2B, and related functions under sections 2C and 2F;

(c)

a function under section 2E;

(d)

the function of making a Mayoral development order under section 61DA;

(e)

a function exercisable in connection with a Mayoral development order.

(10)

In this section—

“combined authority” means a combined authority established under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009;

“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.”