Legislation – Planning and Infrastructure Act 2025
Part 1Infrastructure
Chapter 1Nationally significant infrastructure projects
6Applications for development consent: changes related to section 5
(1)
(2)
In section 37 (applications for orders granting development consent)—
(a)
in subsection (3)—
(i)
insert “and”
at the end of paragraph (b);
(ii)
omit paragraph (c) (together with the final “and”);
(b)
omit subsections (7) and (8).
(3)
In section 39 (register of applications), in subsection (4)—
(a)
insert “and”
at the end of paragraph (a);
(b)
omit paragraph (b) (together with the final “and”).
(4)
In section 41 (Chapter applies before application is made), in subsection (1), at the end insert “(and “applicants” is to be construed accordingly)”
.
(5)
In section 46 (duty to notify Secretary of State of proposed application)—
(a)
“(1)
The applicant must supply to the Secretary of State—
(a)
the information specified in subsection (1C), and
(b)
such further information as may be prescribed.
(1A)
The applicant must supply to each host local authority—
(a)
the information specified in subsection (1C), and
(b)
such further information as may be prescribed.
(1B)
In any case where the proposed development would affect, or would be likely to affect, any of the areas specified in subsection (5), the applicant must supply to the Marine Management Organisation—
(a)
the information specified in subsection (1C), and
(b)
such further information as may be prescribed.
(1C)
(a)
the applicant’s name and address,
(b)
a statement that the applicant intends to apply for an order granting development consent,
(c)
a statement about why development consent is required for the proposed development, specifying the relevant provision of Part 3 (or referring to a direction that has been given under section 35), and
(d)
a summary of the proposed application, specifying the location or route of the proposed development.”;
(b)
omit subsection (2);
(c)
“(3)
A local authority is a “host local authority” if the land is in the authority’s area.
(4)
In this section “local authority” means—
(a)
a county council, or district council, in England;
(b)
a London borough council;
(c)
the Common Council of the City of London;
(d)
the Council of the Isles of Scilly;
(e)
a county council, or county borough council, in Wales;
(f)
a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;
(g)
a National Park authority;
(h)
the Broads Authority.
(5)
The areas referred to in subsection (1B) are—
(a)
waters in or adjacent to England up to the seaward limits of the territorial sea;
(b)
an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;
(c)
a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;
(d)
an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.”;
(d)
in the heading, after “Secretary of State” insert “and others”
.
(6)
In section 48 (duty to publicise), omit subsection (2).
(7)
“50Guidance about pre-application steps
(1)
Applicants must have regard to any guidance issued by the Secretary of State to assist them in complying with section 48.
(2)
The Secretary of State must issue guidance to assist applicants, setting out what the Secretary of State considers to be best practice in terms of the steps they might take in relation to a proposed application in readiness for submitting an actual application.”
(8)
In section 52 (obtaining information about interests in land), in subsection (1), for “provisions of, or made under, Chapter 2 of this Part or” substitute “regulations made under section 37 or with provisions of, or made under,”
.
(9)
In Schedule 12 (application of Act to Scotland: modifications), omit paragraph 5.
(10)
In the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/572)—
(a)
in regulation 3(1), in the definition of “the consultation bodies”—
(i)
in paragraph (a), omit “prescribed under section 42(1)(a) (duty to consult) and”;
(ii)
in paragraph (a), for “column 2” substitute “column 3”
;
(iii)
at the end of paragraph (a) insert “(reading references to applications as references to proposed applications, where the context requires)”
;
(iv)
in paragraph (b), for “section 43 (local authorities for purposes of section 42(1)(b))” substitute “section 56A (local authorities for purposes of sections 56(2)(b) and 60(2)(a))”
;
(b)
in regulation 8(1), for “carrying out consultation under section 42 (duty to consult)” substitute “publicising the proposed application under section 48,”
;
(c)
omit regulation 12 (consultation statement requirements).
(11)
Omit—
(a)
section 23(2), (3) and (4) of the Marine and Coastal Access Act 2009;
(b)
the following provisions of the Localism Act 2011—
(i)
section 133;
(ii)
section 134;
(iii)
section 135(8);
(iv)
paragraphs 8(2) and 9 of Schedule 13.