# Growth and Infrastructure Act 2013

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U.K.

# Growth and Infrastructure Act 2013

# 2013 CHAPTER 27

An Act to make provision in connection with facilitating or controlling the following, namely, the provision or use of infrastructure,                        the carrying-out of development, and the compulsory acquisition of land; to make provision about when rating lists are to                        be compiled; to make provision about the rights of employees of companies who agree to be employee shareholders; and for connected                        purposes.                     

[25th April 2013]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons,                           in this present Parliament assembled, and by the authority of the same, as follows:—                        

## Promoting growth and facilitating provision of infrastructure, and related mattersU.K.

### 1Option to make planning application directly to Secretary of StateE+W

(1)In the Town and Country Planning Act 1990, after section 62 insert—                  

#### “62AWhen application may be made directly to Secretary of State

(1)A relevant application that would otherwise have to be made to the local planning authority may (if the applicant so chooses)                           be made instead to the Secretary of State if the following conditions are met at the time it is made—                  

(a)the local planning authority concerned is designated by the Secretary of State for the purposes of this section; and                  

(b)the development to which the application relates (where the application is within subsection (2)(b)(i)), or the development                           for which outline planning permission has been granted (where the application is within subsection (2)(b)(ii)), is major development.                  

(2)In this section—                  

(a)“major development” means development of a description prescribed by the Secretary of State;                  

(b)“relevant application” means—                  

(i)an application for planning permission for the development of land in England, other than an application of the kind described                           in section 73(1); or                  

(ii)an application for approval of a matter that, as defined by section 92, is a reserved matter in the case of an outline planning                           permission for the development of land in England.                  

(3)Where a relevant application is made to the Secretary of State under this section, an application under the planning Acts—                  

(a)that is—                  

(i)an application for listed building consent, or for conservation area consent, under the Planning (Listed Buildings and Conservation                           Areas) Act 1990, or                  

(ii)an application of a description prescribed by the Secretary of State,                  

(b)that is considered by the person making the application to be connected with the relevant application,                  

(c)that would otherwise have to be made to the local planning authority or hazardous substances authority,                  

(d)that is neither a relevant application nor an application of the kind described in section 73(1), and                  

(e)that relates to land in England,                  

may (if the person so chooses) be made instead to the Secretary of State.                  

(4)If an application (“the connected application”) is made to the Secretary of State under subsection (3) but the Secretary of                           State considers that it is not connected with the relevant application concerned, the Secretary of State may—                  

(a)refer the connected application to the local planning authority, or hazardous substances authority, to whom it would otherwise                           have been made; and                  

(b)direct that the connected application—                  

(i)is to be treated as having been made to that authority (and not to the Secretary of State under this section), and                  

(ii)is to be determined by that authority accordingly.                  

(5)The decision of the Secretary of State on an application made to the Secretary of State under this section shall be final.                  

(6)The Secretary of State may give directions requiring a local planning authority or hazardous substances authority to do things                           in relation to an application made to the Secretary of State under this section that would otherwise have been made to the                           authority; and directions under this subsection—                  

(a)may relate to a particular application or to applications more generally; and                  

(b)may be given to a particular authority or to authorities more generally.                  

#### 62BDesignation for the purposes of section 62A

(1)An authority may be designated for the purposes of section 62A only if—                  

(a)the criteria that are to be applied in deciding whether to designate the authority are set out in a document to which subsection                           (2) applies,                  

(b)by reference to those criteria, the Secretary of State considers that there are respects in which the authority are not adequately                           performing their function of determining applications under this Part, and                  

(c)the criteria that are to be applied in deciding whether to revoke a designation are set out in a document to which subsection                           (2) applies.                  

(2)This subsection applies to a document if—                  

(a)the document has been laid before Parliament by the Secretary of State,                  

(b)the 40-day period for the document has ended without either House of Parliament having during that period resolved not to                           approve the document, and                  

(c)the document has been published (whether before, during or after the 40-day period for it) by the Secretary of State in such                           manner as the Secretary of State thinks fit.                  

(3)In this section “the 40-day period” for a document is the period of 40 days beginning with the day on which the document is                           laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on                           which it is laid).                  

(4)In calculating the 40-day period for a document, no account is to be taken of any period during which—                  

(a)Parliament is dissolved or prorogued, or                  

(b)both Houses of Parliament are adjourned for more than four days.                  

(5)None of the following may be designated for the purposes of section 62A—                  

(a)the Homes and Communities Agency;                  

(b)the Mayor of London;                  

(c)a Mayoral development corporation;                  

(d)an urban development corporation.                  

(6)The Secretary of State must publish (in such manner as the Secretary of State thinks fit)—                  

(a)any designation of an authority for the purposes of section 62A, and                  

(b)any revocation of such a designation.                  

#### 62CNotifying parish councils of applications under section 62A(1)

(1)If an application is made to the Secretary of State under section 62A(1) and a parish council would be entitled under paragraph                           8 of Schedule 1 to be notified of the application were it made to the local planning authority, the Secretary of State must                           notify the council of—                  

(a)the application, and                  

(b)any alteration to the application accepted by the Secretary of State.                  

(2)Paragraph 8(4) and (5) of Schedule 1 apply in relation to duties of the Secretary of State under subsection (1) as they apply                           to duties of a local planning authority under paragraph 8(1) of that Schedule.                  

(3)An authority designated for the purposes of section 62A must comply with requests from the Secretary of State for details                           of requests received by the authority under paragraph 8(1) of Schedule 1.”                  

(2)Schedule 1 (amendments related to applications made under the new section 62A, including provision for such applications to                        be determined by a person appointed for the purpose unless the Secretary of State otherwise directs) has effect.                  

Commencement Information

I1S. 1 partly in force; s. 1(1) in force for specified purposes at Royal Assent, see s. 35(2)

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### 3Compulsory purchase inquiries: costsE+W

In section 5 of the Acquisition of Land Act 1981 (public local inquiries), after subsection (3) insert—

“(4)In relation to each of the matters mentioned in paragraphs (a) and (b) of subsection (3), section 250(5) of the Local Government                           Act 1972 also applies—                  

(a)where arrangements are made for a public local inquiry to be held in England in pursuance of this Act but the inquiry does                           not take place;                  

(b)to the costs of a party to a public local inquiry held in England in pursuance of this Act who does not attend the inquiry.”                  

### 4Permitted development rights: prior approvalsE+W

(1)In section 60 of the Town and Country Planning Act 1990 (planning permission granted by development order) after subsection                        (2) insert—                  

“(2A)Without prejudice to the generality of subsection (1), where planning permission is granted by a development order for development                           consisting of a change in the use of land in England, the order may require the approval of the local planning authority,                           or of the Secretary of State, to be obtained—                  

(a)for the use of the land for the new use;                  

(b)with respect to matters that relate to the new use and are specified in the order.                  

(2B)Without prejudice to the generality of subsection (1), a development order may include provision for ensuring—                  

(a)that, before a person in reliance on planning permission granted by the order carries out development of land in England that                           is a dwelling house or is within the curtilage of a dwelling house—                  

(i)a written description, and a plan, of the proposed development are given to the local planning authority,                  

(ii)notice of the proposed development, and of the period during which representations about it may be made to the local planning                           authority, is served by the local planning authority on the owner or occupier of any adjoining premises, and                  

(iii)that period has ended, and                  

(b)that, where within that period an owner or occupier of any adjoining premises objects to the proposed development, it may                           be carried out in reliance on the permission only if the local planning authority consider that it would not have an unacceptable                           impact on the amenity of adjoining premises.                  

(2C)In subsection (2B) “adjoining premises” includes any land adjoining—                  

(a)the dwelling house concerned, or                  

(b)the boundary of its curtilage.”                  

(2)In section 70A(5) of that Act (“relevant application” includes an application for approval under section 60(2)) after “60(2)” insert “ , (2A) or (2B) ”.                  

### 5Local development orders: repeal of pre-adoption intervention powersE+W

(1)The Town and Country Planning Act 1990 is amended as follows.                  

(2)Section 61B(1) to (7) (Secretary of State or Welsh Ministers may call in unadopted local development order for approval or                        may direct that it be modified) cease to apply in relation to England.                  

(3)Accordingly—                  

(a)in section 61B(1) (power to call in unadopted order) after “local planning authority” insert “ in Wales, ”, and                  

(b)in section 61B(6) (power to direct that unadopted order be modified) after “local development order” insert “ being prepared by a local planning authority in Wales ”.                  

(4)In section 61B, after subsection (7) insert—                  

“(7A)Where a local development order is adopted by a local planning authority in England, that authority must submit a copy of                           the order to the appropriate authority as soon after the order's adoption as is reasonably practicable.”                  

(5)In paragraph 1 of Schedule 4A (power to specify procedure for preparing local development orders) after sub-paragraph (2)                        insert—                  

“(2A)Sub-paragraph (2)(a) applies in relation to England as if for “submission, approval, adoption,” there were substituted “ adoption, post-adoption submission, ”.”                  

(6)In Schedule 4A omit—                  

(a)paragraph 4 (information about local development orders to be included in English planning authorities' monitoring reports                        under section 35 of the Planning and Compulsory Purchase Act 2004), and                  

(b)in paragraph 1(3), the words “35 or”.                  

### 6Limits on power to require information with planning applicationsE+W

In section 62 of the Town and Country Planning Act 1990 (applications for planning permission) after subsection (4) (limitation                     of power under section 62(3) to require inclusion of particulars and evidence in an application) insert—                  

“(4A)Also, a requirement under subsection (3) in respect of an application for planning permission for development of land in England—                  

(a)must be reasonable having regard, in particular, to the nature and scale of the proposed development; and                  

(b)may require particulars of, or evidence about, a matter only if it is reasonable to think that the matter will be a material                           consideration in the determination of the application.”                  

### 7Modification or discharge of affordable housing requirementsE+W

(1)After section 106B of the Town and Country Planning Act 1990 insert—                  

#### “106BAModification or discharge of affordable housing requirements

(1)This section applies in relation to an English planning obligation that contains an affordable housing requirement.                  

(2)A person against whom the affordable housing requirement is enforceable may apply to the appropriate authority—                  

(a)for the requirement to have effect subject to modifications,                  

(b)for the requirement to be replaced with a different affordable housing requirement,                  

(c)for the requirement to be removed from the planning obligation, or                  

(d)in a case where the planning obligation consists solely of one or more affordable housing requirements, for the planning obligation                           to be discharged.                  

(3)Where an application is made to an authority under subsection (2) and is the first such application in relation to the planning                           obligation—                  

(a)if the affordable housing requirement means that the development is not economically viable, the authority must deal with                           the application in accordance with subsection (5) so that the development becomes economically viable, or                  

(b)if paragraph (a) does not apply, the authority must determine that the affordable housing requirement is to continue to have                           effect without modification or replacement.                  

(4)Where an application is made to an authority under subsection (2) and is the second or a subsequent such application in relation                           to the planning obligation, the authority may—                  

(a)deal with the application in accordance with subsection (5), or                  

(b)determine that the affordable housing requirement is to continue to have effect without modification or replacement.                  

(5)The authority may—                  

(a)determine that the requirement is to have effect subject to modifications,                  

(b)determine that the requirement is to be replaced with a different affordable housing requirement,                  

(c)determine that the planning obligation is to be modified to remove the requirement, or                  

(d)where the planning obligation consists solely of one or more affordable housing requirements, determine that the planning                           obligation is to be discharged.                  

(6)A determination under subsection (5)(a), (b) or (c)—                  

(a)may provide for the planning obligation to be modified in accordance with the application or in some other way,                  

(b)may not have the effect that the obligation as modified is more onerous in its application to the applicant than in its unmodified                           form, and                  

(c)may not have the effect that an obligation is imposed on a person other than the applicant or that the obligation as modified                           is more onerous in its application to such a person than in its unmodified form.                  

(7)Subsection (6)(b) does not apply to a determination in response to the second or a subsequent application under this section                           in relation to the planning obligation; but such a determination may not have the effect that the development becomes economically                           unviable.                  

(8)In making a determination under this section the authority must have regard to—                  

(a)guidance issued by the Secretary of State, and                  

(b)where the determination relates to an application to which section 106BB applies, any representations made by the Mayor of                           London in accordance with that section.                  

(9)The authority must give notice of their determination to the applicant—                  

(a)within such period as may be prescribed by the Secretary of State, or                  

(b)if no period is prescribed under paragraph (a) (and subject to section 106BB(5)), within the period of 28 days beginning with                           the day on which the application is received, or such longer period as is agreed in writing between the applicant and the                           authority.                  

(10)Where an authority determine under this section that a planning obligation is to have effect subject to modifications, the                           obligation as modified is to be enforceable as if it had been entered into on the date on which notice of the determination                           was given to the applicant.                  

(11)The Secretary of State may by regulations make provision with respect to—                  

(a)the form and content of applications under subsection (2), and                  

(b)the notices to be given to applicants of determinations under subsection (9).                  

(12)This section and section 106BC do not apply in relation to an English planning obligation if planning permission for the development                           was granted wholly or partly on the basis of a policy for the provision of housing on rural exception sites.                  

(13)In this section and section 106BC—                  
          -  “affordable housing requirement” means a requirement relating to the provision of housing that is or is to be made available for people whose needs are not                              adequately served by the commercial housing market (and it is immaterial for this purpose where or by whom the housing is                              or is to be provided);                         
          -  “the appropriate authority” has the same meaning as in section 106A;                         
          -  “the development”, in relation to a planning obligation, means the development authorised by the planning permission to which the obligation                              relates;                         
          -  “English planning obligation” means a planning obligation that—                          (a)
identifies a local planning authority in England as an authority by whom the obligation is enforceable, and                                 
(b)
does not identify a local planning authority in Wales as such an authority.                                 
 

(14)The Secretary of State may by order amend this section so as to modify the definition of “affordable housing requirement”                           in subsection (13).                  

(15)An order under subsection (14) may have effect for the purposes of planning obligations entered into before (as well as after)                           its coming into force.                  

(16)The Mayor of London must consult the local planning authority before exercising any function under this section.                  

#### 106BBDuty to notify the Mayor of London of certain applications under section 106BA

(1)This section applies to an application under section 106BA(2) in relation to a planning obligation where—                  

(a)the application for the planning permission to which the planning obligation relates was an application to which section 2A                           applied (applications of potential strategic importance relating to land in Greater London),                  

(b)the application for planning permission was not determined by the Mayor of London, and                  

(c)pursuant to an order under section 2A or a development order, the local planning authority that determined the application                           for planning permission were required to consult the Mayor of London in relation to that determination.                  

(2)A local planning authority that receive an application to which this section applies must send a copy of the application to                           the Mayor of London before the end of the next working day following the day on which the application was received.                  

In this subsection, “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.                  

(3)The Mayor of London must notify the local planning authority before the end of the period of 7 days beginning with the day                           on which the application was received by the authority whether the Mayor intends to make representations about the application.                  

(4)Where pursuant to subsection (3) the Mayor of London notifies the local planning authority that the Mayor intends to make                           representations, those representations must be made before—                  

(a)the end of the period of 14 days beginning with the day on which the application was received by the authority, or                  

(b)the end of such longer period as may be agreed in writing between the authority and the Mayor.                  

(5)Where this section applies, section 106BA(9)(b) applies as if it required an authority to give notice of their determination                           to an applicant within—                  

(a)the period of 35 days beginning with the day on which the application was received by the authority, or                  

(b)such longer period as is agreed in writing between the applicant and the authority.                  

#### 106BCAppeals in relation to applications under section 106BA

(1)Where an authority other than the Secretary of State—                  

(a)fail to give notice as mentioned in section 106BA(9),                  

(b)determine under section 106BA that a planning obligation is to continue to have effect without modification, or                  

(c)determine under that section that a planning obligation is to be modified otherwise than in accordance with an application                           under that section,                  

the applicant may appeal to the Secretary of State.                  

(2)For the purposes of an appeal under subsection (1)(a), it is to be assumed that the authority have determined that the planning                           obligation is to continue to have effect without modification.                  

(3)An appeal under this section must be made by notice served within such period as may be prescribed by the Secretary of State.                  

(4)If no period is prescribed under subsection (3), an appeal under this section must be made—                  

(a)in relation to an appeal under subsection (1)(a), within the period of 6 months beginning with the expiry of the period mentioned                           in section 106BA(9) that applies in the applicant's case, or                  

(b)otherwise, within the period of 6 months beginning with the date on which notice of the determination is given to the applicant                           under section 106BA(9).                  

(5)An appeal under this section must be made by notice served in such manner as may be prescribed by the Secretary of State.                  

(6)Subsections (3) to (8), (10) and (11) of section 106BA apply in relation to an appeal under this section as they apply in                           relation to an application to an authority under that section, subject to subsections (7) to (15) below.                  

(7)References to the affordable housing requirement or the planning obligation are to the requirement or obligation as it stood                           immediately before the application under section 106BA to which the appeal relates.                  

(8)References to the first, the second or a subsequent application in relation to a planning obligation are to an appeal under                           this section against a determination on the first, the second or a subsequent application in relation to the obligation (whether                           or not it is the first such appeal).                  

(9)Section 106BA(5)(d) (discharge of affordable housing requirement) does not apply in relation to an appeal under this section.                  

(10)Subsection (11) applies if, on an appeal under this section, the Secretary of State—                  

(a)does not uphold the determination under section 106BA to which the appeal relates (if such a determination has been made),                           and                  

(b)determines that the planning obligation is to be modified in accordance with section 106BA(5)(a), (b) or (c).                  

(11)The Secretary of State must also determine that the planning obligation is to be modified so that it provides that, if the                           development has not been completed before the end of the relevant period, the obligation is treated as containing the affordable                           housing requirement or requirements it contained immediately before the first application under section 106BA in relation                           to the obligation, subject to the modifications within subsection (12).                  

(12)Those modifications are—                  

(a)the modifications necessary to ensure that, if the development has been commenced before the end of the relevant period, the                           requirement or requirements apply only in relation to the part of the development that is not commenced before the end of                           that period, and                  

(b)such other modifications as the Secretary of State considers necessary or expedient to ensure the effectiveness of the requirement                           or requirements at the end of that period.                  

(13)In subsections (11) and (12) “relevant period” means the period of three years beginning with the date when the applicant is notified of the determination on the appeal.                  

(14)Section 106BA and this section apply in relation to a planning obligation containing a provision within subsection (11) as                           if—                  

(a)the provision were an affordable housing requirement, and                  

(b)a person against whom the obligation is enforceable were a person against whom that requirement is enforceable.                  

(15)If subsection (11) applies on an appeal relating to a planning obligation that already contains a provision within that subsection—                  

(a)the existing provision within subsection (11) ceases to have effect, but                  

(b)that subsection applies again to the obligation.                  

(16)The determination of an appeal by the Secretary of State under this section is to be final.                  

(17)Schedule 6 applies to appeals under this section.                  

(18)In the application of Schedule 6 to an appeal under this section in a case where the authority mentioned in subsection (1)                           is the Mayor of London, references in that Schedule to the local planning authority are references to the Mayor of London.”                  

(2)Schedule 2 (amendments relating to this section) has effect.                  

(3)The amendments made by this section and that Schedule apply in relation to planning obligations within the meaning of section                        106 of the Town and Country Planning Act 1990 entered into before (as well as after) the coming into force of this section.                  

(4)Sections 106BA, 106BB and 106BC of the Town and Country Planning Act 1990, and subsection (5) of this section, are repealed                        at the end of 30 April 2016.                  

(5)The Secretary of State may by order amend subsection (4) by substituting a later date for the date for the time being specified                        in that subsection.                  

(6)The Secretary of State may by order make transitional or transitory provision or savings relating to any of the repeals made                        by subsection (4).                  

### 8Disposals of land held for planning purposesE+W

(1)In the Town and Country Planning Act 1990, section 233 (disposal by local authorities of land held for planning purposes)                        is amended as follows.                  

(2)After subsection (3) (Secretary of State's consent required for certain disposals for consideration less than the best that                        can reasonably be obtained) insert—                  

“(3A)The Secretary of State may give consent under subsection (3)—                  

(a)in relation to any particular disposal or disposals, or in relation to a particular class of disposals,                  

(b)in relation to local authorities generally, or local authorities of a particular class, or to any particular local authority                           or authorities, and                  

(c)either unconditionally or subject to conditions (either generally, or in relation to any particular disposal or disposals                           or class of disposals).”                  

(3)After subsection (8) (exclusion of section 123 of the Local Government Act 1972) insert—                  

“(9)Section 128(2) of the Local Government Act 1972 (which already gives protection to purchasers etc in respect of certain land                           transactions, including disposals under this section by certain authorities) applies in relation to every disposal of land                           under this section by a local authority for an area in England; and section 29 of the Town and Country Planning Act 1959 does                           not apply in relation to such a disposal.”                  

### 9Electronic communications code: the need to promote growthU.K.

(1)In section 109(2) of the Communications Act 2003 (matters to which Secretary of State must have regard when making regulations                        about conditions and restrictions on application of electronic communications code), after paragraph (b) insert—                  

“(ba)the need to promote economic growth in the United Kingdom;”.                  

(2)In section 109 of that Act (regulations specifying the restrictions and conditions subject to which the electronic communications                        code is to apply) after subsection (2) insert—                  

“(2A)Subsection (2B) applies if—                  

(a)the Secretary of State has complied with subsection (2)(b) in connection with any particular exercise before 6 April 2018                           of the power to make regulations under this section, and                  

(b)the regulations in question are expressed to cease to have effect (other than for transitional purposes) before that date.                  

(2B)The Secretary of State is to be treated as also having complied with any duty imposed in connection with that exercise of                           that power by any of the following—                  
          -  section 11A(2) of the National Parks and Access to the Countryside Act 1949;                         
          -  section 85(1) of the Countryside and Rights of Way Act 2000;                         
          -  section 17A(1) of the Norfolk and Suffolk Broads Act 1988;                         
          -  section 14 of the National Parks (Scotland) Act 2000 (asp 10);                         
          -  Article 4(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (N.I. 1)).”                         

(3)For the purposes of its application to section 17A of the Norfolk and Suffolk Broads Act 1988, the definition of “statutory                        undertaker” in section 25(1) of that Act is until 6 April 2018 to be read as if paragraph (d) were omitted.                  

(4)Consultation undertaken for the purposes of section 109(4) of the Communications Act 2003 in anticipation of the commencement                        of this section (including consultation undertaken before the passing of this Act) is as effective as consultation undertaken                        after that commencement.                  

### 10Periodic review of mineral planning permissionsE+W

(1)Schedule 3 (periodic review of mineral planning permissions) has effect.                  

(2)The amendments made by that Schedule apply in relation to mineral permissions granted before (as well as after) its coming                        into force, subject to subsection (3).                  

(3)Those amendments do not apply in relation to a periodic review under Schedule 14 to the Environment Act 1995 of the mineral                        permissions relating to a mining site which is begun but not completed before the coming into force of Schedule 3.                  

(4)For the purposes of subsection (3) a periodic review is begun when a notice is served under paragraph 4 of Schedule 14 to                        the Environment Act 1995 in connection with the review, and is completed—                  

(a)when an application under paragraph 6 of that Schedule in connection with the review is finally determined, or                  

(b)if no such application is made, when the mineral permissions cease to have effect in accordance with paragraph 7 of that Schedule.                  

(5)Subsection (3) does not affect the determination under Schedule 14 to the Environment Act 1995 as amended by Schedule 3 of                        the date of any subsequent periodic review by reference to a periodic review within that subsection.                  

(6)Expressions used in this section which are defined in the Environment Act 1995 have the same meaning as in that Act.                  

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### 14Registration of town or village green: reduction of section 15(3)(c) periodE+W

(1)Section 15 of the Commons Act 2006 (registration of greens) is amended as follows.                  

(2)In subsection (3), in paragraph (c), for the words from “the period” to the end of the paragraph substitute “ the relevant period ”.                  

(3)After that subsection insert—                  

“(3A)In subsection (3), “the relevant period” means—                  

(a)in the case of an application relating to land in England, the period of one year beginning with the cessation mentioned in                           subsection (3)(b);                  

(b)in the case of an application relating to land in Wales, the period of two years beginning with that cessation.”                  

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### 16Restrictions on right to register land as town or village greenE+W

(1)In the Commons Act 2006, after section 15B (as inserted by section 15 of this Act) insert—                  

#### “15CRegistration of greens: exclusions

(1)The right under section 15(1) to apply to register land in England as a town or village green ceases to apply if an event                           specified in the first column of the Table set out in Schedule 1A has occurred in relation to the land (“a trigger event”).                  

(2)Where the right under section 15(1) has ceased to apply because of the occurrence of a trigger event, it becomes exercisable                           again only if an event specified in the corresponding entry in the second column of the Table occurs in relation to the land                           ( “ a terminating event ”).                  

(3)The Secretary of State may by order make provision as to when a trigger or a terminating event is to be treated as having                           occurred for the purposes of this section.                  

(4)The Secretary of State may by order provide that subsection (1) does not apply in circumstances specified in the order.                  

(5)The Secretary of State may by order amend Schedule 1A so as to—                  

(a)specify additional trigger or terminating events;                  

(b)amend or omit any of the trigger or terminating events for the time being specified in the Schedule.                  

(6)A trigger or terminating event specified by order under subsection (5)(a) must be an event related to the development (whether                           past, present or future) of the land.                  

(7)The transitional provision that may be included in an order under subsection (5)(a) specifying an additional trigger or terminating                           event includes provision for this section to apply where such an event has occurred before the order is made or before it                           comes into force and as to its application in such a case.                  

(8)For the purposes of determining whether an application under section 15 is made within the period mentioned in section 15(3)(c),                           any period during which an application to register land as a town or village green may not be made by virtue of this section                           is to be disregarded.”                  

(2)Schedule 4 (which inserts the new Schedule 1A to the Commons Act 2006) has effect.                  

(3)In that Act of 2006, in section 59 (orders and regulations)—                  

(a)after subsection (3) insert—                  

“(3A)A statutory instrument containing an order under section 15C(5) may not be made unless a draft has been laid before and approved                           by a resolution of each House of Parliament.”, and                  

(b)in subsection (4), after “subsection (3)” insert “ or (3A) ”.                  

(4)For the purposes of the application of section 15C of the Commons Act 2006 (as inserted by subsection (1) above), it does                        not matter whether an event specified in the first column of Schedule 1A to that Act occurred before or on or after the commencement                        of this section.                  

(5)The amendment made by subsection (1) does not apply in relation to an application under section 15(1) of the Commons Act 2006                        which is sent before the day on which this section comes into force.                  

### 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## Other infrastructure provisionsE+W+S

### 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 19Conditions of licences under Gas Act 1986: payments to other licence-holdersE+W

In section 7B of the Gas Act 1986 (general provisions about licences under section 7 for gas transporters, under section 7ZA                     for gas interconnectors, and under section 7A for gas suppliers and gas shippers) in subsection (5)(b)(ii) (gas transporter's                     licence may require payments to be made to holder of licence under section 7A) omit “under section 7A above”.                  

### 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 22Variation and replacement of pre-Planning Act 2008 consentsE+W

(1)After section 237 of the Planning Act 2008 insert—                  

#### “237AVariation and replacement of section 33 consents: transitional provision

(1)This section applies where a section 33 consent (“the original consent”) has been granted or made as a result of an application                           made before Part 4 came into force.                  

(2)Nothing in section 33 prevents the original consent, or a section 33 consent that replaces it, from being varied or replaced.                  

(3)If the original consent, or a section 33 consent that replaces it, is varied or replaced, section 31 does not apply to the                           development to which the consent as varied, or the replacement consent, relates (and so development consent is not required                           for that development).                  

(4)A section 33 consent replaces an earlier section 33 consent for the purposes of this section if (but only if)—                  

(a)it is granted or made on an application for consent for development without complying with conditions subject to which the                           earlier section 33 consent was granted or made, and                  

(b)it is granted subject to, or made on, different conditions, or unconditionally.                  

(5)In this section “section 33 consent” means a consent, authorisation, order, notice or scheme mentioned in section 33(1), (2) or (4).”                  

(2)This section is deemed to have had effect since Part 4 of the Planning Act 2008 came into force.                  

### 23Removal of Planning Act 2008 consent and certification requirementsE+W

(1)The Planning Act 2008 is amended as follows.                  

(2)In section 127 (compulsory acquisition of statutory undertakers' land, and rights over statutory undertakers' land)—                  

(a)in subsection (2), for the words from “Secretary of State” to the end substitute “ Secretary of State is satisfied of the matters set out in subsection (3). ”;                  

(b)in subsection (5), for the words from “Secretary of State” to the end substitute “ Secretary of State is satisfied of the matters set out in subsection (6). ”;                  

(c)omit subsection (7).                  

(3)Section 137 (consent of statutory undertakers etc required to extinguishment of right of way over land on which they have                        apparatus) is repealed.                  

(4)In section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc)—                  

(a)in subsection (4), for the words from “only if” to the end substitute “ only if the Secretary of State is satisfied that the extinguishment or removal is necessary for the purpose of carrying                           out the development to which the order relates. ”;                  

(b)after subsection (4) insert—                  

“(4A)In this section “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purpose of any provision of Part 11 of TCPA 1990.                  

(4B)In this section the following terms have the meanings given in paragraph 1(1) of Schedule 17 to the Communications Act 2003—                  
          -  “electronic communications apparatus”;                         
          -  “electronic communications code”;                         
          -  “electronic communications code network”;                         
          -  “operator”.”;                         

(c)omit subsections (5) and (6).                  

(5)In Schedule 12 (modifications of Act in its application to Scotland), in paragraph 18, for “Section 137(7)” substitute “ Section 138(4A) ”.                  

### 24Special parliamentary procedure in cases under the Planning Act 2008E+W

(1)Sections 128 and 129 of the Planning Act 2008 (special parliamentary procedure applies to certain orders granting development                        consent which authorise compulsory acquisition of land belonging to a local authority or statutory undertaker) are repealed.                  

(2)In section 131 of the Planning Act 2008 (special parliamentary procedure applies to certain orders granting development consent                        which authorise compulsory acquisition of land forming part of a common, open space, fuel allotment or field garden allotment)—                  

(a)in subsection (3) (special parliamentary procedure does not apply if Secretary of State certifies that subsection (4) or (5)                        applies) for the words from “unless” to the end substitute “unless—                  

“(a)the Secretary of State is satisfied that one of subsections (4) to (5) applies, and                  

(b)that fact, and the subsection concerned, are recorded in the order or otherwise in the instrument or other document containing                           the order.”,                  

(b)after subsection (4) insert—                  

“(4A)This subsection applies if—                  

(a)the order land is, or forms part of, an open space,                  

(b)none of the order land is of any of the other descriptions in subsection (1),                  

(c)either—                  

(i)there is no suitable land available to be given in exchange for the order land, or                  

(ii)any suitable land available to be given in exchange is available only at prohibitive cost, and                  

(d)it is strongly in the public interest for the development for which the order grants consent to be capable of being begun                           sooner than is likely to be possible if the order were to be subject (to any extent) to special parliamentary procedure.                  

(4B)This subsection applies if—                  

(a)the order land is, or forms part of, an open space,                  

(b)none of the order land is of any of the other descriptions in subsection (1), and                  

(c)the order land is being acquired for a temporary (although possibly long-lived) purpose.”, and                  

(c)omit subsections (6) to (10) (provision about certificates under subsection (3)(b)).                  

(3)In section 132 of the Planning Act 2008 (special parliamentary procedure applies to certain orders granting development consent                        which authorise compulsory acquisition of rights over land forming part of a common, open space, fuel allotment or field garden                        allotment)—                  

(a)in subsection (2) (special parliamentary procedure does not apply if Secretary of State certifies that one of subsections                        (3) to (5) applies) for the words from “unless” to the end substitute “unless—                   

(a)the Secretary of State is satisfied that one of subsections (3) to (5) applies, and                  

(b)that fact, and the subsection concerned, are recorded in the order or otherwise in the instrument or other document containing                           the order.”,                  

(b)after subsection (4) insert—                  

“(4A)This subsection applies if—                  

(a)the order land is, or forms part of, an open space,                  

(b)none of the order land is of any of the other descriptions in subsection (1),                  

(c)either—                  

(i)there is no suitable land available to be given in exchange for the order right, or                  

(ii)any suitable land available to be given in exchange is available only at prohibitive cost, and                  

(d)it is strongly in the public interest for the development for which the order grants consent to be capable of being begun                           sooner than is likely to be possible if the order were to be subject (to any extent) to special parliamentary procedure.                  

(4B)This subsection applies if—                  

(a)the order land is, or forms part of, an open space,                  

(b)none of the order land is of any of the other descriptions in subsection (1), and                  

(c)the order right is being acquired for a temporary (although possibly long-lived) purpose.”, and                  

(c)omit subsections (6) to (10) (provision about certificates under subsection (2)(b)).                  

(4)In consequence of subsection (1) the following are repealed—                  

(a)paragraphs 12 and 13 of Schedule 12 to the Planning Act 2008 (application of sections 128 and 129 to Scotland),                  

(b)section 141(2) of the Localism Act 2011 (which amended section 128), and                  

(c)paragraph 60 of Schedule 22 to that Act (which amended section 129).                  

(5)In section 130 of the Planning Act 2008 (special parliamentary procedure where order granting development consent authorises                        acquisition of inalienable National Trust land despite Trust's objections) after subsection (3) insert—                  

“(3A)In a case to which this section applies and to which section 131 or 132 also applies, special parliamentary procedure—                  

(a)may be required by subsection (2) whether or not also required by section 131(3) or 132(2), and                  

(b)may be required by section 131(3) or 132(2) whether or not also required by subsection (2).”                  

(6)An amendment or repeal made by this section applies in relation to any order granting development consent which is made after                        the amendment or repeal comes into force.                  

### 25Modifications of special parliamentary procedure in certain casesE+W+S

(1)The Statutory Orders (Special Procedure) Act 1945 is amended as follows.                  

(2)In section 1(1) (Act applies where subsequent Act requires an order to be subject to parliamentary procedure) after “provision                        is made requiring that any such order shall be subject to special parliamentary procedure” insert “ or requiring that any such order shall be subject to special parliamentary procedure to a limited extent ”.                  

(3)In section 1 after subsection (2) insert—                  

“(3)In this Act “special-acquisition provision” means—                  

(a)section 130, 131 or 132 of the Planning Act 2008 (certain orders granting development consent which also authorise compulsory                           acquisition of, or of rights over, inalienable National Trust land or land forming part of a common, open space or fuel or                           field garden allotment),                  

(b)section 17, 18 or 19 of, or paragraph 4, 5 or 6 of Schedule 3 to, the Acquisition of Land Act 1981 (certain compulsory purchase                           orders which authorise compulsory acquisition of, or of rights over, land of a local authority or statutory undertaker, inalienable                           National Trust land, or land forming part of a common, open space or fuel or field garden allotment),                  

(c)paragraph 22 of Schedule 3 to the Harbours Act 1964 (harbour revision or empowerment order authorising compulsory purchase                           of, or of rights over, inalienable National Trust land or land forming part of a common, open space or fuel or field garden                           allotment),                  

(d)paragraph 12 or 13 of Schedule 4 to the New Towns Act 1981 (order authorising compulsory purchase of local authority land,                           inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment), or                  

(e)section 12 of the Transport and Works Act 1992 (order authorising compulsory purchase of, or of rights over, inalienable National                           Trust land or land forming part of a common, open space or fuel or field garden allotment).                  

(4)A reference in this Act to land to which a special-acquisition provision applies is to be read as follows—                  

(a)“land” has the same meaning as it has for the purposes of the special-acquisition provision, and                  

(b)in the case of a special-acquisition provision mentioned in subsection (3)(c) or (e), the reference is to—                  

(i)land (as so defined) belonging to the National Trust which is held by the Trust inalienably, or                  

(ii)land (as so defined) forming part of a common, open space or fuel or field garden allotment.                  

(5)The definition of “the National Trust” given by section 7(1) of the Acquisition of Land Act 1981, and section 18(3) of that                           Act (meaning of “held inalienably”), apply for the purposes of subsection (4)(b)(i).                  

(6)In subsection (4)(b)(ii) “common”, “fuel or field garden allotment” and “open space” have the same meaning as in section 19 of that Act.”                  

(4)After section 1 insert—                  

#### “1AOrder subject to special parliamentary procedure only so far as authorising certain acquisitions of land or rights

(1)Where under a special-acquisition provision an order is subject to special parliamentary procedure so far as the order authorises                           compulsory acquisition of, or of a right over, land to which that provision applies, sections 3 to 7 of this Act apply in                           relation to the order with the modifications specified in subsections (3) to (19).                  

(2)Where those sections apply with those modifications in relation to an order, in subsections (3) to (19) “the special authorisation” means the order so far as it authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition                           provision applies.                  

(3)In section 3(1) the reference to a petition duly presented against the order is to be read as a reference to a petition duly                           presented against the special authorisation.                  

(4)In section 3(2)—                  

(a)the reference to petitions against an order to which this Act applies is to be read as a reference to petitions against the                           special authorisation, and                  

(b)in paragraphs (a) and (b) a reference to the order is to be read as a reference to the special authorisation.                  

(5)In section 3(4) a reference to the order is to be read as a reference to the special authorisation.                  

(6)In section 3(4A)—                  

(a)the reference in the opening words to the order to which a petition relates is to be read as a reference to the order containing                           the special authorisation to which a petition relates, and                  

(b)in paragraph (a) the reference to the order being one that relates to proposals of the kind mentioned is to be read as a reference                           to the Chairmen being of the opinion that removal of the special authorisation from the order would be inconsistent with proposals                           of that kind.                  

(7)In section 3(5)—                  

(a)the reference to every order to which this Act applies is to be read as a reference to the special authorisation, and                  

(b)the reference to every such report is to be read as a reference to the report of the Chairmen in respect of the special authorisation.                  

(8)In section 4(1)—                  

(a)the reference to any order to which this Act applies is to be read as a reference to the special authorisation,                  

(b)the reference to resolving that an order be annulled is to be read as a reference to resolving that the special authorisation                           be annulled,                  

(c)the reference to an order becoming void is to be read as a reference to the special authorisation becoming void, and                  

(d)the reference to taking no further proceedings on an order is to be read as a reference to taking no further proceedings on                           the special authorisation.                  

(9)In section 4(2) the reference to the order is to be read as a reference to the special authorisation.                  

(10)In section 4(3)—                  

(a)the reference to neither House resolving that the order be annulled is to be read as a reference to neither House resolving                           that the special authorisation be annulled, and                  

(b)the reference to petitions relating to the order is to be read as a reference to petitions relating to the special authorisation.                  

(11)Section 4 is to be read as if after subsection (3) there were inserted—                  

“(4)Where either House resolves during the resolution period that the special authorisation be annulled, the Minister is to either—                  

(a)withdraw the order by notice given in the prescribed manner, or                  

(b)cause the order to be submitted to Parliament for further consideration by means of a Bill for the confirmation of the order.                  

(5)A Bill presented for the purposes of subsection (4)(b) must set out the order as laid before Parliament under section 1(2)                           of this Act, and any such Bill is to be treated as a public bill, except that—                  

(a)where a petition for amendment of the special authorisation was certified as proper to be received, the Bill—                  

(i)after being read a second time in the House in which it is presented, is to be referred to a joint committee of both Houses                           for the purposes of the consideration of that petition,                  

(ii)after it has been reported by the joint committee, is to be ordered to be considered in the House in which it is presented                           as if it had been reported by a committee of that House, and                  

(iii)when it has been read a third time and passed in that House, is to be treated as having passed through all its stages up to                           and including committee in the second House;                  

(b)where no such petition has been so certified—                  

(i)the Bill is after its presentation to be treated as having passed all its stages up to and including committee in the House                           in which it is presented,                  

(ii)the Bill is to be ordered to be considered in that House as if it had been reported from a committee of that House, and                  

(iii)when the Bill has been read a third time and passed in that House, the like proceedings are to be taken on the Bill in the                           second House.”                  

(12)In section 5(1)—                  

(a)the reference to any petition against an order to which this Act applies is to be read as a reference to any petition against                           the special authorisation,                  

(b)the reference to the order standing referred to a committee is to be read as a reference to the special authorisation standing                           referred to that committee, and                  

(c)the reference to the committee's power to report the order is to be read as a reference to the committee's power to report                           the special authorisation.                  

(13)In section 5(2) a reference to the order is to be read as a reference to the special authorisation.                  

(14)In section 5(3) the reference to any order to which this Act applies is to be read as a reference to the special authorisation.                  

(15)In section 6(1) the reference to an order to which this Act applies being reported without amendment is to be read as a reference                           to the special authorisation being reported without amendment.                  

(16)In section 6(2) the reference to any such order being reported with amendments is to be read as a reference to the special                           authorisation being reported with amendments.                  

(17)In section 6(3) the reference to it being reported, with respect to any such order, that the order be not approved is to be                           read as a reference to it being reported that the special authorisation be not approved.                  

(18)In section 6(5)—                  

(a)the requirement for a Bill to set out the order as referred to the joint committee is to be read as a requirement for the                           Bill to set out the order as laid under section 1(2) of this Act, and                  

(b)in paragraph (a) the reference to a petition for amendment of the order is to be read as a petition for amendment of the special                           authorisation.                  

(19)In section 7 a reference to an order to which this Act applies is to be read as a reference to the special authorisation.”                  

(5)After section 9 insert—                  

#### “9AStanding Orders in cases where section 1A applies

(1)In this section, a reference to a special-acquisition order is to an order which, under a special-acquisition provision, is                           subject to special parliamentary procedure so far as it authorises compulsory acquisition of, or of a right over, land to                           which that provision applies.                  

(2)A reference in section 9(a) or (d) of this Act to an order to which this Act applies is, in the case of a special-acquisition                           order, to be read as a reference to that order so far as it authorises compulsory acquisition of, or of a right over, land                           to which the particular special-acquisition provision applies.                  

(3)The reference in section 9(f) of this Act to any order is, in the case of a special-acquisition order, to be read as a reference                           to that order so far as it authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition                           provision applies.                  

(4)The reference in section 9(g) of this Act to section 6 of this Act is to be read as a reference to section 4 or 6 of this                           Act.                  

(5)Where Standing Orders of either House of Parliament make provision that relates to orders to which this Act applies and is                           for a purpose mentioned in section 9 then, unless the Standing Orders provide otherwise, the provision applies in relation                           to a special-acquisition order only so far as the order authorises compulsory acquisition of, or of a right over, land to                           which the particular special-acquisition provision applies.”                  

(6)In section 11(1) (interpretation) after the definition of “Prescribed” insert—                  

““Special-acquisition provision” has the meaning given by section 1(3) of this Act;”.                  

(7)In the Acquisition of Land Act 1981—                  

(a)in sections 17(2) and 18(2) (certain compulsory purchase orders subject to special parliamentary procedure so far as authorising                        acquisition of special land if owner objects to the order) for “the order” substitute “ the compulsory purchase of the land ”, and                  

(b)in paragraphs 4(2) and 5(2) of Schedule 3 (certain compulsory purchase orders subject to special parliamentary procedure so                        far as authorising acquisition of rights over special land if owner objects to the order) for “the order” substitute “ the compulsory purchase of the rights ”.                  

(8)In paragraph 12 of Schedule 4 to the New Towns Act 1981 (certain compulsory purchase orders subject to special parliamentary                        procedure so far as authorising acquisition of special land if owner objects to the order) for “to the order” substitute “ to the acquisition of the land ”.                  

(9)In each of the following provisions (which refer to orders confirmed by Act under section 6 of the 1945 Act) before “6” insert                        “ 4 or ”                  
          -  section 44(1) of the Harbours Act 1964, 
          -  section 27 of the Acquisition of Land Act 1981, 
          -  paragraph 16(a) of Schedule 4 to the New Towns Act 1981, 
          -  paragraph 6(6)(a) of Schedule 11 to the Water Industry Act 1991, 
          -  paragraph 6(6)(a) of Schedule 19 to the Water Resources Act 1991, and 
          -  section 12(3)(b) of the Transport and Works Act 1992. 

(10)An amendment made by subsection (4) or (5), so far as it applies to orders granting development consent, applies to any such                        order made after the amendment comes into force.                  

### 26Bringing business and commercial projects within Planning Act 2008 regimeE+W

(1)The Planning Act 2008 is amended as follows.                  

(2)For section 35 substitute—                  

#### “35Directions in relation to projects of national significance

(1)The Secretary of State may give a direction for development to be treated as development for which development consent is                           required.                  

This is subject to the following provisions of this section and section 35ZA.                  

(2)The Secretary of State may give a direction under subsection (1) only if—                  

(a)the development is or forms part of—                  

(i)a project (or proposed project) in the field of energy, transport, water, waste water or waste, or                  

(ii)a business or commercial project (or proposed project) of a prescribed description,                  

(b)the development will (when completed) be wholly in one or more of the areas specified in subsection (3), and                  

(c)the Secretary of State thinks the project (or proposed project) is of national significance, either by itself or when considered                           with—                  

(i)in a case within paragraph (a)(i), one or more other projects (or proposed projects) in the same field;                  

(ii)in a case within paragraph (a)(ii), one or more other business or commercial projects (or proposed projects) of a description                           prescribed under paragraph (a)(ii).                  

(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 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 under subsection (1) only with the consent of the Mayor of London if—                  

(a)all or part of the development is or will be in Greater London, and                  

(b)the development is or forms part of a business or commercial project (or proposed project) of a description prescribed under                           subsection (2)(a)(ii).                  

(5)Regulations under subsection (2)(a)(ii) may not prescribe a description of project which includes the construction of one                           or more dwellings.                  

#### 35ZADirections under sections 35: procedural matters

(1)The power in section 35(1) to give a direction in a case within section 35(2)(a)(i) (projects in the field of energy etc)                           is exercisable only in response to a qualifying request if no application for a consent or authorisation mentioned in section                           33(1) or (2) has been made in relation to the development to which the request relates.                  

(2)The power in section 35(1) to give a direction in a case within section 35(2)(a)(ii) (business or commercial projects of prescribed                           description) is exercisable only in response to a qualifying request made by one or more of the following—                  

(a)a person who proposes to carry out any of the development to which the request relates;                  

(b)a person who has applied, or proposes to apply, for a consent or authorisation mentioned in section 33(1) or (2) in relation                           to any of that development;                  

(c)a person who, if a direction under section 35(1) is given in relation to that development, proposes to apply for an order                           granting development consent for any of that development.                  

(3)If the Secretary of State gives a direction under section 35(1) in relation to development, the Secretary of State may—                  

(a)if an application for a consent or authorisation mentioned in section 33(1) or (2) has been made in relation to the development,                           direct the application to be treated as an application for an order granting development consent;                  

(b)if a person proposes to make an application for such a consent or authorisation in relation to the development, direct the                           proposed application to be treated as a proposed application for development consent.                  

(4)A direction under section 35(1), or subsection (3) of this section, may be given so as to apply for specified purposes or                           generally.                  

(5)A direction under subsection (3) may provide for specified provisions of or made under this or any other Act—                  

(a)to have effect in relation to the application, or proposed application, with any specified modifications, or                  

(b)to be treated as having been complied with in relation to the application or proposed application.                  

(6)If the Secretary of State gives a direction under subsection (3), the relevant authority must refer the application, or proposed                           application, to the Secretary of State instead of dealing with it themselves.                  

(7)If the Secretary of State is considering whether to give a direction under subsection (3), the Secretary of State may direct                           the relevant authority to take no further action in relation to the application, or proposed application, until the Secretary                           of State has decided whether to give the direction.                  

(8)The Secretary of State may require an authority within subsection (9) to provide any information required by the Secretary                           of State for the purpose of enabling the Secretary of State to decide—                  

(a)whether to give a direction under section 35(1), and                  

(b)the terms in which such a direction should be given.                  

(9)An authority is within this subsection if an application for a consent or authorisation mentioned in section 33(1) or (2)                           in relation to the development has been, or may be, made to it.                  

(10)If the Secretary of State decides to give a direction under section 35(1), the Secretary of State must give reasons for the                           decision.                  

(11)In this section—                  
          -  “qualifying request” means a written request, for a direction under section 35(1) or subsection (3) of this section, that—                          (a)
specifies the development to which it relates, and                                 
(b)
explains why the conditions in section 35(2)(a) and (b) are met in relation to the development;                                 
 
          -  “relevant authority”—                          (a)
in relation to an application for a consent or authorisation mentioned in section 33(1) or (2) that has been made, means the                                       authority to which the application was made, and                                 
(b)
in relation to such an application that a person proposes to make, means the authority to which the person proposes to make                                       the application.”                                 
 

(3)In section 35A (timetable for deciding request for direction under section 35), in subsection (5), in the definition of “qualifying                        request”, for “35(10)” substitute “ 35ZA(11) ”;                  

(4)In section 232 (orders and regulations)—                  

(a)in subsection (5)(e) (regulations not subject to negative procedure), after “section” insert “ 35(2)(a)(ii), ”;                  

(b)in subsection (7) (regulations subject to affirmative procedure), after “section” insert “ 35(2)(a)(ii), ”.                  

### 27Authorisation of road user charging under Planning Act 2008E+W

(1)Section 144 of the Planning Act 2008 (content of order granting development consent: highways) is amended as follows.                  

(2)After subsection (2) insert—                  

“(2A)Subsection (2) does not apply to an order that includes provision authorising other charges in respect of the use or keeping                           of motor vehicles on roads.                  

(2B)In subsection (2A)—                  
          -  “motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exceptions: certain                              pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road                              Traffic Acts;                         
          -  “road” has the meaning given in section 142(1) of the Road Traffic Regulation Act 1984.”                         

(3)Omit subsection (3).                  

### 28Delegation of planning functions by Mayor of LondonE+W

(1)In section 38 of the Greater London Authority Act 1999 (delegation) after subsection (2A) insert—                  

“(2B)In relation to a function listed in subsection (2C), subsection (2) has effect—                  

(a)as if paragraph (b) referred only to members of staff appointed under section 67(1), and                  

(b)with the omission of paragraphs (c) to (f).                  

(2C)The functions referred to in subsection (2B) are—                  

(a)the function of giving a direction under section 2A(1) or (1B) of the Town and Country Planning Act 1990 (call-in of planning                           applications by the Mayor), and                  

(b)the function of determining an application by virtue of section 2A or 2B of that Act.”                  

(2)In consequence of subsection (1), omit section 2B(8) of the Town and Country Planning Act 1990 (which disapplies section 38(1)                        of the 1999 Act in relation to functions under sections 2A and 2B of the 1990 Act).                  

## Economic measuresE+W

### 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 31Employee shareholdersE+W

## General provisionsU.K.

### 32OrdersU.K.

(1)Any power of the Secretary of State to make an order under this Act—                  

(a)is exercisable by statutory instrument, and                  

(b)includes—                  

(i)power to make different provision for different purposes, and                  

(ii)power to make incidental, supplementary, consequential, transitional or transitory provision or savings.                  

(2)The Secretary of State may not make an order to which subsection (3) applies unless a draft of the statutory instrument containing                        the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.                  

(3)This subsection applies to—                  

(a)an order under section 7(5);                  

(b)an order under section 33 which amends or repeals any provision of an Act of Parliament, an Act of the Scottish Parliament                        or an Act or Measure of the National Assembly for Wales.                  

(4)A statutory instrument that—                  

(a)contains an order made by the Secretary of State under this Act, and                  

(b)is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House                        of Parliament,                  

is subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Subsection (4) does not apply to an order under section 7(6).                  

(6)Subsections (1)(b) and (4) do not apply to an order under section 35.                  

### 33Consequential amendmentsU.K.

(1)The Secretary of State may by order make such provision as the Secretary of State considers appropriate in consequence of                        this Act.                  

(2)The power to make an order under this section may, in particular, be exercised by amending, repealing, revoking or otherwise                        modifying any provision made by or under an enactment.                  

(3)In this section “enactment” means an enactment whenever passed or made, and includes an Act of the Scottish Parliament or an Act or Measure of the National                        Assembly for Wales.                  

Prospective

### 34Financial provisionsU.K.

There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any                        other Act out of money so provided.                     

### 35CommencementU.K.

(1)Subject as follows, this Act comes into force on such day as the Secretary of State may by order appoint; and different days                        may be appointed for different purposes.                  

(2)Section 1(1) so far as it inserts the new section 62B, sections 4, 7, 9, 16, 19, 26, 32 and 33, this section and section 36,                        and Schedules 2 and 4, come into force on the day on which this Act is passed.                  

(3)Sections 11, 12, 17, 18, 29 and 30 come into force at the end of two months beginning with the day on which this Act is passed.                  

(4)Section 21(4) to (6) come into force on such day as the Scottish Ministers may by order appoint; and different days may be                        appointed for different purposes.                  

(5)The Scottish Ministers may by order make such transitional, transitory or saving provision as the Scottish Ministers consider                        appropriate in connection with the coming into force of section 21(4) to (6).                  

(6)The Secretary of State may by order make such transitional, transitory or saving provision as the Secretary of State considers                        appropriate in connection with the coming into force of any other provision of this Act.                  

(7)Power to make an order under subsection (5) or (6) includes power to make different provision for different purposes.                  

### 36Short title and extentU.K.

(1)This Act may be cited as the Growth and Infrastructure Act 2013.                  

(2)Subject as follows, this Act extends to England and Wales only.                  

(3)Sections 9(4) and 32 to 35, and this section, extend also to Scotland and Northern Ireland.                  

(4)Any amendment or repeal made by this Act has the same extent as the provision to which it relates, subject to subsection (5).                  

(5)Section 25(1) to (6) and (10) extend to England and Wales, and Scotland, only.                  

(6)The power under section 411(6) of the Communications Act 2003 may be exercised so as to extend the amendment made by section                        9(1) to any of the Channel Islands or the Isle of Man.                  

# SCHEDULES

 Section 1

## SCHEDULE 1E+WPlanning applications made to Secretary of State: further amendments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 Section 7

## SCHEDULE 2E+WModification or discharge of affordable housing requirements: related amendments

1E+WThe Town and Country Planning Act 1990 is amended as follows.

2E+WIn section 5(3) (provisions for the purposes of which the Broads Authority is the sole district planning authority for the                        Broads) for “106B” substitute “ 106BC ”.

3(1)Section 106 (planning obligations) is amended as follows.E+W

(2)In subsection (1) (which defines “planning obligation” for the purposes of that section and sections 106A and 106B) for “and 106B” substitute “ to 106C ”.

(3)In subsection (12) (sections 106 to 106B to be subject to regulations for charging on land of sums payable in connection with                        planning obligations) for “and 106B” substitute “ to 106BC ”.

4(1)Section 106A (modification and discharge of planning obligations) is amended as follows.E+W

(2)In subsection (1) (planning obligation to be modified or discharged by agreement or in accordance with sections 106A and 106B)—

(a)after “in accordance with” insert “ —(i) ”, and

(b)after “section 106B” insert “, or 

(ii)sections 106BA and 106BC.”                  

(3)In subsection (8) (effect of determination that planning obligation is to have effect subject to modifications), after “determine”                        insert “ under this section ”.

5(1)Section 106B (appeals in relation to applications under section 106A) is amended as follows.E+W

(2)In the heading, after “Appeals” insert “ in relation to applications under section 106A ”.

(3)In subsection (1)(b) (application of section) after “determine” insert “ under section 106A ”.

6(1)Section 106C (legal challenges relating to development consent obligations) is amended as follows.E+W

(2)In subsection (1) (challenges to Secretary of State's failure to give notice under section 106A(7)), after “106A(7)” in both                        places insert “ or 106BA(9) ”.

(3)After subsection (1) insert—

“(1A)If no period is prescribed under section 106BA(9), the period of 6 weeks referred to in subsection (1)(b) that applies in                           relation to proceedings for failure to give notice as mentioned in subsection (9) of section 106BA begins with the expiry                           of the period mentioned in that subsection that applies in the applicant's case.”                  

(4)In subsection (2) (challenges to Secretary of State's determination that planning obligation is to continue to have effect                        without modification), in paragraph (b), after “106A(7)” insert “ or 106BA(9) ”.

(5)After subsection (2) insert—

“(3)A court may entertain proceedings for questioning a determination by the Secretary of State on an application under section                           106BA that a planning obligation shall be modified otherwise than in accordance with the application only if—                  

(a)the proceedings are brought by a claim for judicial review, and                  

(b)the claim form is filed during the period of 6 weeks beginning with the day on which notice of the determination is given                           under section 106BA(9).”                  

7E+WIn section 319A (determination by Secretary of State of procedure by which certain types of proceedings are to be considered),                        in subsection (7) (proceedings to which the section applies), after paragraph (b) insert—

“(ba)an appeal under section 106BC (appeals in relation to applications for modification or discharge of affordable housing requirements);”.                  

8(1)Section 333 (regulations and orders) is amended as follows.E+W

(2)In subsection (4) (power to make orders under Act exercisable by statutory instrument), after “87,” insert “ 106BA(14), ”.

(3)After subsection (5) insert—

“(5ZA)No order may be made under section 106BA(14) unless a draft of the instrument containing the order has been laid before, and                           approved by a resolution of, each House of Parliament.”                  

9(1)Schedule 6 (determination of certain appeals by person appointed by Secretary of State) is amended as follows.E+W

(2)In paragraph 1—

(a)in sub-paragraph (1) (power of Secretary of State to prescribe classes of appeals under specified provisions to be determined                        by person appointed), after “106B,” insert “ 106BC, ”, and

(b)after sub-paragraph (2) insert—

“(2A)If no classes of appeals under section 106BC are prescribed by regulations under sub-paragraph (1), all appeals under that                           section are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of                           State.”                  

(3)In paragraph 2(1)(aa) (person appointed in relation to appeals under section 106B to have the same powers and duties as Secretary                        of State under that section), after “106B” insert “ or 106BC ”.

10E+WIn Part 1 of Schedule 16 (provisions of the Planning Acts to which sections 314 to 319 apply), in the entry for Sections 106                        to 106B, for “106B” substitute “ 106BC ”.

 Section 10

## SCHEDULE 3E+WPeriodic review of mineral planning permissions

1E+WSchedule 14 to the Environment Act 1995 (periodic review of mineral planning permissions) is amended as follows.

2E+WBefore paragraph 1 insert—

### “Power to carry out periodic reviewsE+W

A1The mineral planning authority for an area in England may, in accordance with the provisions of this Schedule, cause one or                           more periodic reviews to be carried out of the mineral permissions relating to a mining site.”

3E+WIn paragraph 1 (duty to carry out periodic reviews), after “The mineral planning authority” insert “ for an area in Wales ”.

4E+WIn paragraph 2(1) (interpretation), for the definition of “first review date” substitute—

““first review date”—                  

(a)in relation to a mineral planning authority for an area in England, has the meaning given by paragraph 2A below, and                  

(b)in relation to a mineral planning authority for an area in Wales, has the meaning given by paragraph 2B below;”.                  

5E+WAfter paragraph 2 insert—

### “The first review date: mineral planning authorities in EnglandE+W

2A(1)In the application of this Schedule in relation to a mineral planning authority for an area in England, “first review date” means the date set by the authority in accordance with sub-paragraph (2) below as the first review date for the purposes                           of the first periodic review of the mineral permissions relating to a mining site.                  

(2)That date may not be earlier than the relevant date found under paragraph 3 below in relation to the site.                  

(3)This paragraph is subject to paragraphs 3A and 5 below (power to specify different relevant date, and postponement of first                           review date).                  

### The first review date: mineral planning authorities in WalesE+W

2B(1)In the application of this Schedule in relation to a mineral planning authority for an area in Wales, “first review date” in relation to a mining site means the relevant date found under paragraph 3 below in relation to the site.                  

(2)This paragraph is subject to paragraphs 3A and 5 below (power to specify different relevant date, and postponement of first                           review date).”                  

6(1)Paragraph 3 (the first review date) is amended as follows.E+W

(2)Before sub-paragraph (1) insert—

“(A1)This paragraph has effect for the purposes of paragraphs 2A and 2B above.”                  

(3)For “first review date” in each place substitute “ relevant date ”.

(4)For the italic heading immediately before that paragraph substitute “ The relevant date for the purposes of a first periodic review ”.

7E+WIn paragraph 3A (power to specify a first review date by order), for “first review date” in each place substitute “ relevant date ”.

8(1)Paragraph 4 (service of notice of first periodic review) is amended as follows.E+W

(2)Before sub-paragraph (1) insert—

“(A1)This paragraph applies—                  

(a)where a mineral planning authority for an area in England determines that it will carry out a periodic review of the mineral                           permissions relating to a mining site, and that periodic review is the first periodic review of the permissions relating to                           that site, and                  

(b)in relation to the first periodic review by a mineral planning authority for an area in Wales of the mineral permissions relating                           to a mining site.”                  

(3)In sub-paragraph (1)—

(a)omit “of the mineral permissions relating to a mining site”, and

(b)for “that site” substitute “ the site to which the review relates ”.

9(1)Paragraph 12 (second and subsequent periodic reviews) is amended as follows.E+W

(2)Before sub-paragraph (1) insert—

“(A1)This paragraph applies—                  

(a)where a mineral planning authority for an area in England determines that it will carry out a periodic review of the mineral                           permissions relating to a mining site, and that periodic review is the second or a subsequent periodic review of the permissions                           relating to that site, and                  

(b)in relation to the second or any subsequent periodic review by a mineral planning authority for an area in Wales of the mineral                           permissions relating to a mining site.                  

(A2)In the application of this paragraph in relation to a mineral planning authority for an area in England “the review date” means the date set by the authority as the review date for the purposes of the periodic review.                  

(A3)That date may not be earlier than the relevant date found under sub-paragraph (1) below in relation to the site.                  

(A4)In the application of this paragraph in relation to a mineral planning authority for an area in Wales “the review date” means the relevant date found under sub-paragraph (1) below in relation to the site.”                  

(3)In sub-paragraph (1), for “ “review date”” substitute  “relevant date” .

(4)In sub-paragraph (2)—

(a)omit the “and” at the end of paragraph (a), and

(b)at the end of paragraph (b) insert “, and 

(c)paragraph 4(A1) were omitted.”                  

 Section 16

## SCHEDULE 4E+WNew Schedule 1A to the Commons Act 2006

### 

In the Commons Act 2006, after Schedule 1 insert—

 Section 15C

#### “SCHEDULE 1AE+WExclusion of right under section 15

##### InterpretationE+W

###### 

In this Schedule—                  
          -  “the 1990 Act” means the Town and Country Planning Act 1990;                         
          -  “the 2004 Act” means the Planning and Compulsory Purchase Act 2004;                         
          -  “the 2008 Act” means the Planning Act 2008.                         

##### NotesE+W

1For the purposes of this Schedule, all means of challenging a decision in legal proceedings in the United Kingdom are to be                           treated as exhausted and the decision is to be treated as upheld if, at any stage in the proceedings, the time normally allowed                           for the making of an appeal or further appeal or the taking of any other step to challenge the decision expires without the                           appeal having been made or (as the case may be) the other step having been taken.

2Paragraph 7 of the first column of the Table does not apply in relation to a part of a development plan for the purposes of                           section 27 or 54 of the 1990 Act which consists of—

(a)Part 1 of a unitary development plan or alterations to such a Part, or                  

(b)a structure plan or alterations to such a plan.”