Levelling-up and Regeneration Act 2023

(293B) (1) This section applies where— (a) the appropriate authority intends to make a relevant application, and (b) the authority considers— (i) that the development to which the application relates is of national importance, and (ii) that it is necessary that the development is carried out as a matter of urgency. (2) The appropriate authority may make the application to the Secretary of State under this section. (3) In this section, “relevant application” means— (a) an application for planning permission for the development of land in England, or (b) an application for approval of a matter that, as defined in section 92, is a reserved matter in the case of an outline planning permission for the development of land in England, but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations. (4) An application under this section must include— (a) such information, documents or other matters as may be required by a development order, and (b) a statement of the appropriate authority’s grounds for making the application. (5) As soon as practicable after receiving the application, the Secretary of State must give notice to the appropriate authority either agreeing or refusing to determine the application. (6) The Secretary of State may only agree to determine the application if the Secretary of State considers that— (a) the development to which the application relates is of national importance, and (b) it is necessary that the development is carried out as a matter of urgency. (7) The Secretary of State must send a copy of a notice given under subsection (5) to the local planning authority to whom the application could otherwise have been made. (8) The Secretary of State may by notice require the appropriate authority to provide such further information as is necessary for the purposes of— (a) deciding whether to agree or to refuse to determine the application; (b) determining the application. (9) A development order may make provision— (a) as to the form and manner in which an application must be made; (b) requiring notice to be given of an application; (c) as to the form, content and service of a notice required under paragraph (b); (d) requiring that an application be publicised in such manner as the order may specify. (10) A development order which makes provision under subsection (9) may include provision to ensure that the imposition of any requirement under that subsection does not result in the public disclosure of sensitive information. (11) For the purposes of subsection (10), information is “sensitive” if the Secretary of State directs that— (a) it relates to matters of national security or measures taken or to be taken to ensure the security of any premises or property, and (b) its public disclosure would be contrary to the national interest. (12) A development order making any provision by virtue of this section may make different provision for different cases or different classes of development. (13) The Secretary of State may give directions requiring a local planning authority to do things in relation to an application made under section 293B that could otherwise have been made to that authority. (14) Directions under subsection (13)— (a) may relate to a particular application or to applications more generally; (b) may be given to a particular authority or to authorities more generally. (293C) (1) This section applies where — (a) the appropriate authority has made a relevant application to the Secretary of State under section 293B, and (b) the Secretary of State has given notice under section 293B(5) agreeing to determine the application. (2) Before determining the application, the Secretary of State must consult the following persons about the application— (a) the local planning authority to which the application could otherwise have been made, and (b) such other persons as the Secretary of State considers appropriate. (3) A development order may make provision as to the consultation required by subsection (2) including— (a) provision requiring the Secretary of State to consult other specified persons (or persons of a specified description); (b) provision as to the manner in which persons may be consulted; (c) different provision for different cases or classes of development. (4) The Secretary of State may— (a) grant the application, either unconditionally or subject to such conditions as the Secretary of State thinks fit, or (b) refuse it. (5) The Secretary of State must notify the local planning authority to whom the application could otherwise have been made of the Secretary of State’s decision on the application. (6) The decision of the Secretary of State on the application is final. (7) Section 73A applies, with any necessary modifications, to an application for planning permission under section 293B as it applies to an application for planning permission which is to be determined by the local planning authority under Part 3. (8) The following provisions do not apply for the purposes of determining an application for planning permission under section 293B— (a) section 58B(1) of this Act; (b) sections 66(1) and 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. (293D) (1) This section applies where— (a) the appropriate authority intends to make a relevant application, and (b) the authority considers that the development to which it relates is of national importance. (2) The appropriate authority may make the application to the Secretary of State under this section. (3) In this section and section 293E, “relevant application” means— (a) an application for planning permission, or permission in principle, for the development of land in England, or (b) 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, but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations. (4) After receiving the application, the Secretary of State must give a notice to the appropriate authority stating whether the Secretary of State considers the development to be of national importance. (5) If the Secretary of State considers the development to be of national importance, the Secretary of State must proceed to determine the application. (6) If the Secretary of State considers that the development is not of national importance, the Secretary of State may take the steps referred to in either subsection (7) or, where it applies, subsection (9). (7) The Secretary of State may— (a) refer the application to the local planning authority to whom it could otherwise have been made, and (b) direct that the application— (i) is to be treated as having been made to the authority (and not to the Secretary of State under this section), and (ii) is to be determined by that authority accordingly. (8) Subsection (9)applies where— (a) the application could otherwise have been made to the Secretary of State under section 62A, and (b) the appropriate authority has given notice to the Secretary of State that the authority consents to the application being treated as having been made to the Secretary of State under that section. (9) The Secretary of State may— (a) direct that the application is to be treated as having been made to the Secretary of State under section 62A (and not to the Secretary of State under this section), and (b) determine the application accordingly. (293E) (1) This section applies where— (a) the appropriate authority makes an application to the Secretary of State under section 293D, and (b) the Secretary of State gives a notice to the appropriate authority under section 293D(4) stating that the development to which it relates is considered by the Secretary of State to be of national importance. (2) The appropriate authority may make an application (“a connected application”) under the planning Acts to the Secretary of State where the requirements of subsection (3) are met. (3) The requirements are that— (a) the application is— (i) for listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990, (ii) for hazardous substances consent under the Planning (Hazardous Substances) Act 1990, or (iii) of a prescribed description, (b) it is considered by the person making the application to be connected to an application under section 293D, (c) it is neither a relevant application nor an application of the kind described in section 73(1), and (d) it relates to land in England. (4) If a connected application is made under subsection (2), 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 could 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. (293F) (1) The decision of the Secretary of State on an application made under section 293D or 293E is final. (2) 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 under section 293D or 293E that could otherwise have been made to that authority. (3) Directions under subsection (2)— (a) may relate to a particular application or to applications more generally; (b) may be given to a particular authority or to authorities more generally. (293G) (1) If an application is made to the Secretary of State under section 293D(2) 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 of 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) or (3B) of that Schedule. (293H) (1) Sections 62(3) and (4), 65(5), 70 to 70C, 72(1) and (5) and 73A apply, with any necessary modifications, to an application for planning permission made to the Secretary of State under section 293D as they apply to an application for planning permission which is to be determined by the local planning authority. (2) Any requirements imposed by a development order by virtue of section 62, 65 or 71 or paragraph 8(6) of Schedule 1, or by regulations under paragraph 14(3) or 16 of Schedule 7A, may be applied by a development order, with or without modifications, to an application for planning permission made to the Secretary of State under section 293D. (3) Sections 65(5) and 70 to 70C apply, with any necessary modifications, to an application for permission in principle made to the Secretary of State under section 293D as they apply to an application for permission in principle which is to be determined by the local planning authority. (4) Any requirements imposed by a development order by virtue of section 62(1), (2) or (8), 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for permission in principle made to the Secretary of State under section 293D. (5) Where an application is made to the Secretary of State under section 293E instead of to the authority to whom it could otherwise have been made, a development order may (with or without modifications) apply to the application any enactment that relates to applications of that kind when made to that authority. (6) A development order which makes provision under this section to apply to an application under section 293D or 293E (with or without modifications) any requirement to disclose information may include provision to secure that the requirement would not result in the public disclosure of sensitive information. (7) For the purposes of subsection (6), information is “sensitive” if the Secretary of State directs that— (a) it relates to matters of national security or measures taken or to be taken to ensure the security of any premises or property, and (b) its public disclosure would be contrary to the national interest. (293I) (1) An application made to the Secretary of State under section 293D or 293E (“a direct application”) is to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State, subject to section 293J. (2) Where a person has been appointed under subsection (1) or this subsection to determine a direct application then, at any time before the person has determined the application, the Secretary of State may— (a) revoke the person’s appointment; (b) appoint another person to determine the application instead. (3) A person appointed under this section to determine a direct application has the same powers and duties that the Secretary of State has under section 293H. (4) Where a direct application is determined by a person appointed under this section, the person’s decision is to be treated as that of the Secretary of State. (5) Except as provided by Part 12, the validity of that decision is not to be questioned in any proceedings whatsoever. (6) It is not a ground of application to the High Court under section 288 that a direct application ought to have been determined by the Secretary of State and not by a person appointed under this section unless the applicant challenges the person’s power to determine the direct application before the person’s decision on the direct application is given. (7) Where any enactment (other than this section and section 319A)— (a) refers (or is to be read as referring) to the Secretary of State in a context relating to or capable of relating to a direct application (otherwise than by referring to the application having been made to the Secretary of State), or (b) refers (or is to be read as referring) to anything (other than the making of the application) done or authorised or required to be done by, to or before the Secretary of State in connection with any such application, then, so far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under this section, as if the reference to the Secretary of State were or included a reference to that person. (293J) (1) The Secretary of State may direct that an application made to the Secretary of State under section 293D or 293E (“a direct application”) is to be determined by the Secretary of State instead of by a person appointed under section 293I. (2) Where a direction is given under subsection (1), the Secretary of State must serve a copy of the direction on— (a) the person, if any, appointed under section 293I to determine the application concerned, (b) the applicant, and (c) the local planning authority. (3) Where a direct application is to be determined by the Secretary of State in consequence of a direction under subsection (1)— (a) in determining the application, the Secretary of State may take into account any report made to the Secretary of State by any person previously appointed to determine the application, and (b) subject to that, the provisions of the planning Acts which are relevant to the application apply to it as if section 293I had never applied to it. (4) The Secretary of State may by a further direction revoke a direction under subsection (1) at any time before the determination of the direct application concerned. (5) Where a direction is given under subsection (4), the Secretary of State must serve a copy of the direction on— (a) the person, if any, previously appointed under section 293I to determine the application concerned, (b) the applicant, and (c) the local planning authority. (6) Where a direction is given under subsection (4) in relation to a direct application— (a) anything done by or on behalf of the Secretary of State in connection with the application which might have been done by a person appointed under section 293I to determine the application is, unless the person appointed under section 293I to determine the application directs otherwise, to be treated as having been done by that person, and (b) subject to that, section 293I applies to the application as if no direction under subsection (1) had been given in relation to the application.

• (3) Schedule 10 contains consequential amendments.

Material variations in planning permission

110

• (1) TCPA 1990 is amended as follows.

• (2) After section 73A insert—

(73B) (1) An application for planning permission in respect of land in England is to be determined in accordance with this section if the applicant— (a) requests that it be so determined, (b) makes a proposal as to the conditions (if any) subject to which permission should be granted, and (c) identifies an existing planning permission by reference to which the application is to be considered (“the existing permission”). (2) The existing permission must not have been granted— (a) under section 73, section 73A or this section, or (b) other than on application. (3) The applicant may also identify, for the purposes of an application to be determined in accordance with this section, a planning permission— (a) that was granted under section 73 or this section by reference to the existing permission, or (b) that forms part of a sequence of planning permissions granted under section 73 or this section, the first of which was granted by reference to the existing permission. (4) A development order must set out how an applicant is to do as mentioned in subsections (1) and (3). (5) Planning permission may be granted in accordance with this section only if the local planning authority is satisfied that its effect will not be substantially different from that of the existing permission. (6) Planning permission may not be granted in accordance with this section in a way that differs from the existing permission as to the time by which a condition requires— (a) development to be started, or (b) an application for approval of reserved matters (within the meaning of section 92) to be made. (7) In determining an application in accordance with this section, the local planning authority must limit its consideration to those respects in which the permission being applied for would, if granted in accordance with the proposal under subsection (1)(b), differ in effect from— (a) the existing permission, and (b) each planning permission (if any) identified in accordance with subsection (3). Section 70(2) is subject to this subsection. (8) If the local planning authority decides not to grant planning permission in accordance with this section, it must refuse the application. (9) For the purposes of this section, the effect of a planning permission is to be assessed by reference to both the development it authorises and any conditions to which it is subject. (10) In assessing the effect of an existing planning permission for the purposes of subsection (5) (but not for the purposes of subsection (7)), any change to the permission made under section 96A is to be disregarded. (11) The following provisions apply in relation to the condition under paragraph 13 of Schedule 7A (biodiversity gain condition)— (a) nothing in this section authorises the disapplication of the condition; (b) the condition is to be disregarded for the purposes of subsections (1)(b), (5) and (7); (c) where— (i) the existing planning permission is subject to the condition, (ii) a biodiversity gain plan (“the earlier biodiversity gain plan”) was approved for the purposes of the condition as it attaches to that permission, (iii) planning permission is granted in accordance with this section, and (iv) that planning permission is consistent with the post-development biodiversity value of the onsite habitat as specified in the earlier biodiversity gain plan, the earlier biodiversity gain plan is to be regarded as approved for the purposes of the condition as it attaches to the planning permission granted in accordance with this section. (12) Nothing in this section authorises the disapplication of the condition under section 90B (condition relating to development progress reports in England). (13) In relation to an application for planning permission that is made to, or is to be determined by, the Secretary of State, a reference in this section to the local planning authority is to be read as a reference to the Secretary of State. (14) The preceding provisions of this section apply in relation to an application for permission in principle as if— (a) each reference to planning permission were a reference to permission in principle, and (b) the provisions of this section relating to conditions were omitted. (15) Permission in principle granted in accordance with this section is to be taken, for the purposes of section 70(2ZZC), as having come into force when the existing permission in principle identified under subsection (1)(c) came into force.

• (3) In section 62A (applications that may be made directly to the Secretary of State)—

• (a) in subsection (2), after “73(1)” insert “, an application that is to be determined in accordance with section 73B”;

• (b) in subsection (3)(d), after “73(1)” insert “nor an application that is to be determined in accordance with section 73B”.

• (4) In section 70A (power to decline to determine application similar to an earlier one)—

• (a) in subsection (8), for “subsection (9)” substitute “subsections (9) to (11)”;

• (b) at the end insert—

(10) An application that is to be determined in accordance with section 73B is not similar to an earlier application that was not determined in accordance with that section. (11) An application that is to be determined in accordance with section 73B is similar to an earlier application that was determined in accordance with that section only if the local planning authority think that the difference of effect referred to in subsection (7) of that section is (both in kind and in degree) the same or substantially the same in the case of both applications.

• (5) In section 70B (power to decline to determine application similar to a pending one)—

• (a) in subsection (5), at the beginning insert “Subject to subsections (5A) and (5B),”;

• (b) after subsection (5) insert—

(5A) An application that is to be determined in accordance with section 73B is not similar to another application that is not to be determined in accordance with that section. (5B) An application that is to be determined in accordance with section 73B is similar to another application that is to be determined in accordance with that section only if the local planning authority think that the difference of effect referred to in subsection (7) of that section is (both in kind and in degree) the same or substantially the same in the case of both applications.

Development commencement notices

111

• (1) TCPA 1990 is amended as follows.

• (2) After section 93 insert—

(93G) (1) This section applies where— (a) planning permission has been granted under section 70 or 73 for the development of any land in England, and (b) the development is of a prescribed description. (2) Before the development is begun, the person proposing to carry it out must give a notice (a “commencement notice”) to the local planning authority specifying the date on which the person expects the development to be begun. (3) Once a person has given a commencement notice, the person— (a) may give a further commencement notice substituting a new date for the date previously given, and (b) must do so if the development is not commenced on the date previously given. (4) A commencement notice must— (a) include such information as may be prescribed, and (b) be in such form and be given in such manner as may be prescribed. (5) Where it appears to the local planning authority that a person has failed to comply with the requirements of subsection (2) or (3)(b), they may serve a notice on any relevant person requiring the relevant person to give the authority such of the information prescribed under subsection (4)(a) as the notice may specify. (6) In subsection (5) “relevant person” means— (a) the person to whom the requirements of subsection (2) or (3)(b) applied, and (b) any person who is the owner or occupier of the land to which the planning permission relates or who has any other interest in that land. (7) A person on whom a notice under subsection (5) is served is guilty of an offence if they fail to give the information required by the notice within the period of 21 days beginning with the day on which it was served. (8) It is a defence for a person charged with an offence under subsection (7) to prove that they had a reasonable excuse for failing to provide the information required. (9) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (10) When granting planning permission under section 70 or 73 for the development of any land in England, a local planning authority must by notice inform the applicant of— (a) the requirements of subsections (2) and (3)(b), and (b) the consequences of non-compliance with those requirements.

• (3) In section 56 (time when development begins), in subsection (3), after “92,” insert “93G,”.

• (4) In section 69 (register of applications etc)—

• (a) in subsection (1), after paragraph (f) (inserted by section 114(4)(a)) insert—

(g) commencement notices under section 93G.

• (b) in subsection (2), after paragraph (c) (inserted by section 114(4)(b)) insert—

(d) such information as is prescribed with respect to commencement notices under section 93G that are given to the local planning authority.

Completion notices

112

• (1) TCPA 1990 is amended as follows.

• (2) After section 93G insert—

(93H) (1) This section applies where— (a) a planning permission relating to land in England is by virtue of section 91 or 92 subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has been begun within that period but has not been completed, (b) development has begun in accordance with a simplified planning zone scheme in England but has not been completed by the time the area ceases to be a simplified planning zone, (c) development has begun in accordance with planning permission under an enterprise zone scheme in England but has not been completed by the time the area ceases to be an enterprise zone, (d) a planning permission under a neighbourhood development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed, or (e) a planning permission under a street vote development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed. (2) If the local planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (a “completion notice”) stating that the planning permission will cease to have effect at a specified time (the “completion notice deadline”). (3) The completion notice deadline must be— (a) at least 12 months after the completion notice was served, and (b) if the notice was served in a case within subsection (1)(a) or (d) before the end of the period referred to in that provision, at least 12 months after the end of that period. (4) A completion notice must include— (a) prescribed information in relation to the right of appeal against the notice, and (b) any other prescribed information. (5) A completion notice must be served on— (a) the owner of the land, (b) if different, the occupier of the land, and (c) a person not falling within paragraph (a) or (b) with an interest in the land, being an interest which, in the opinion of the local planning authority, is materially affected by the notice. (6) The local planning authority may withdraw a completion notice at any time before the completion notice deadline. (7) If they do so they must immediately give notice of the withdrawal to every person who was served with the completion notice. (8) If it appears to the Secretary of State to be expedient that a completion notice should be served in respect of any land in England, the Secretary of State may, after consulting the local planning authority, serve such a notice. (93I) (1) Where a completion notice is served by a local planning authority under section 93H, any of the following may appeal to the Secretary of State against it (whether or not the notice was served on them)— (a) the owner of the land, (b) a person not within paragraph (a) with an interest in the land, and (c) a person who occupies the land by virtue of a licence. (2) An appeal may be brought on any of the following grounds— (a) that the appellant considers that the development will be completed within a reasonable period; (b) that the completion notice deadline is an unreasonable one; (c) that the notice was not served on the persons on whom it was required to be served under section 93H(5). (3) The Secretary of State may by regulations prescribe the procedure which is to be followed on appeals under this section. (4) The regulations may in particular include provision— (a) as to the period within which an appeal must be brought; (b) as to how an appeal is made; (c) as to the information to be supplied by the appellant; (d) as to how a local planning authority must respond to an appeal and the information to be supplied by the authority; (e) for the purpose of securing that the appeal is brought to the attention of persons in the locality of the development. (5) On an appeal under this section the Secretary of State may— (a) quash the completion notice, (b) vary the completion notice by substituting a later completion notice deadline, or (c) uphold the notice with the original completion notice deadline. (6) On an appeal under this section the Secretary of State may also correct any defect, error or misdescription in the completion notice if satisfied that the correction will not cause injustice to the appellant or the local planning authority. (7) If, on an appeal made on the ground referred to in subsection (1)(c), the Secretary of State determines that the completion notice was not served on a person on whom it should have been served, the notice need not be quashed if it appears to the Secretary of State that neither that person nor the appellant has been substantially prejudiced by that fact. (8) Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) applies in relation to any proceedings before the Secretary of State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250. (93J) (1) The planning permission to which a completion notice relates becomes invalid at the completion notice deadline (whether as originally specified or substituted on appeal under section 93I). (2) Where an appeal is brought under section 93H the completion notice is of no effect pending the final determination or withdrawal of the appeal. (3) Subsection (1) does not affect any planning permission so far as relating to development carried out under it before the completion notice deadline.

• (3) Schedule 11 contains consequential amendments.

• (4) The amendments made by this section and Schedule 11 apply in relation to planning permission granted before, as well as to planning permission granted after, the coming into force of this section.

• (5) But a completion notice may not be served under section 93H of TCPA 1990 in a case where—

• (a) before the coming into force of this section, a completion notice was served under section 94(2) of TCPA 1990, and

• (b) that completion notice is awaiting confirmation under section 95 of TCPA 1990.

Power to decline to determine applications in cases of earlier non-implementation etc

113

• (1) TCPA 1990 is amended as follows.

• (2) After section 70C insert—

(70D) (1) A local planning authority in England may decline to determine an application for planning permission for the development of any land if— (a) the development is development of a prescribed description, (b) the application is made by— (i) a person who has previously made an application for planning permission for development of land all or any part of which is in the local planning authority’s area at the time the current application is made (“the earlier application”), or (ii) a person who has a connection of a prescribed description with the development to which the earlier application related (“the earlier development”), (c) the earlier development was of a description prescribed under paragraph (a), and (d) subsection (2) or (3) applies to the earlier development. (2) This subsection applies to the earlier development if the earlier development has not begun. (3) This subsection applies to the earlier development if— (a) the earlier development has begun but has not been substantially completed, and (b) the local planning authority is of the opinion that the carrying out of the earlier development has been unreasonably slow. (4) In forming an opinion as to whether the carrying out of the earlier development has been unreasonably slow, the local planning authority must have regard to all the circumstances, including in particular— (a) in a case where a commencement notice under section 93G has been given, whether the development— (i) was begun by the date specified in the notice, and (ii) was carried out in accordance with any timescales specified in it, (b) whether a completion notice was served in respect of the earlier development under section 93H or (before the coming into force of section 93H) section 94 or 96 and, if so, whether the permission granted became invalid under section 93J or (as the case may be) section 95, and (c) any prescribed circumstances. (5) Where a person applies to a local planning authority for planning permission for development of a description prescribed under subsection (1)(a), the authority may by notice require the person to provide such information, being information of a prescribed description, as the authority may specify in the notice for the purpose of its functions under this section. (6) If a person does not comply with a notice under subsection (5) within the period of 21 days beginning with the day on which the notice was served, the local planning authority may decline to determine the application. (7) If a person to whom a notice under subsection (5) is given— (a) makes a statement purporting to comply with the notice which the person knows to be false or misleading in a material particular, or (b) recklessly makes such a statement which is false or misleading in a material particular, the person is guilty of an offence. (8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine. (9) Subsection (1) does not permit a local planning authority to decline to determine an application for planning permission to which section 73, 73A or 73B applies.

• (3) In section 56 (time when development begins), in subsection (3), after “61D(5) and (7),” insert “70D,”.

• (4) In section 76C (provisions applying to applications under section 62A), in subsection (1), for “70C” substitute “70D”.

• (5) In section 78 (right to appeal), in subsection (2)(aa), after “or 70C” insert “or 70D”.

• (6) In section 174 (appeal against enforcement notice), in subsection (2AA)(b) (as substituted bysection 118 of this Act), for “or 70C” substitute “, 70C or 70D”.

Condition relating to development progress reports

114

• (1) TCPA 1990 is amended as follows.

• (2) In section 56(3) (time when development begun), after “89,” insert “90B,”.

• (3) Before section 91 (including the italic heading before that section) insert—

(90B) (1) This section applies where relevant planning permission is granted for relevant residential development in England. (2) The relevant planning permission must be granted subject to a condition that a development progress report must be provided to the local planning authority in whose area the development is to be carried out for each reporting period. (3) The first reporting period in relation to the development is to be a period— (a) beginning at a prescribed time or by reference to a prescribed event, and (b) during which the development is begun. (4) A new reporting period is to begin immediately after the end of a reporting period which is not the last reporting period. (5) A reporting period which is not the last reporting period is to be a period of 12 months. (6) The last reporting period is to be a period ending with the day on which the development is completed (subject to any provision made under subsection (9)). (7) A “development progress report”, in relation to relevant residential development, means a report which sets out— (a) the progress that has been made, and that remains to be made, towards completing the dwellings the creation of which the development is to involve, as at the end of the reporting period to which the report relates, (b) the progress which is predicted to be made towards completing those dwellings over each subsequent reporting period up to and including the last reporting period, and (c) such other information as may be prescribed in regulations under subsection (9). (8) If relevant planning permission is granted without the condition required by subsection (2), it is to be treated as having been granted subject to that condition. (9) The Secretary of State may by regulations make provision— (a) about the form and content of development progress reports; (b) about when and how development progress reports are to be provided to local planning authorities; (c) about who may or must provide development progress reports to local planning authorities; (d) about the provision of development progress reports and other information to local planning authorities where there is a change in circumstances in connection with relevant residential development, such as (for example) where the development is no longer intended to be completed in accordance with— (i) the relevant planning permission; (ii) a previous development progress report; (iii) any timescales specified in a commencement notice given under section 93G; (e) about when a condition under subsection (2) is to be treated as being discharged; (f) about when relevant residential development is to be treated as being completed for the purposes of this section. (10) In this section— - “relevant planning permission” means planning permission other than— planning permission granted by a development order; planning permission granted for development carried out before the grant of that permission; planning permission granted for a limited period; planning permission granted by an enterprise zone scheme; planning permission granted by a simplified planning zone scheme; - “relevant residential development” means development which— involves the creation of one or more dwellings, and is of a prescribed description.

• (4) In section 69 (register of applications etc)—

• (a) in subsection (1), after paragraph (e) insert—

(f) development progress reports under section 90B;

• (b) in subsection (2), after paragraph (b) insert—

(c) such information as is prescribed with respect to development progress reports under section 90B that are provided to the local planning authority;

• (5) In section 70 (determination of applications: general considerations), in subsection (1)(a), after “sections” insert “90B,”.

• (6) In section 73 (determination of applications to develop land after non-compliance), before subsection (4) insert—

(2E) Nothing in this section authorises the disapplication of the condition under section 90B (condition relating to development progress reports in England).

• (7) In section 96A (power to make non-material changes to planning permission), before subsection (4) insert—

(3B) The conditions referred to in subsection (3)(b) do not include the condition under section 90B (condition relating to development progress reports in England).

• (8) In section 97 (revocation or modification of planning permission), at the end insert—

(9) Subsection (1) does not permit the revocation or modification of the condition under section 90B (condition relating to development progress reports in England).

• (9) In section 100ZA(13)(c) (restrictions on power to impose planning conditions in England), as amended by paragraph 3(12) of Schedule 14 to the Environment Act 2021, at the end insert “or the condition under section 90B (condition relating to development progress reports in England)”.

• (10) Until paragraph 3(12) of Schedule 14 to the Environment Act 2021 comes into force, section 100ZA(13)(c) has effect as if at the end there were inserted “but do not include the condition under section 90B (condition relating to development progress reports in England)”.

Chapter 5 — Enforcement of planning controls

Time limits for enforcement

115

• (1) In section 171B of TCPA 1990 (time limits), in subsection (1), for the words from “four years” to the end substitute—

(a) in the case of a breach of planning control in England, ten years beginning with the date on which the operations were substantially completed, and (b) in the case of a breach of planning control in Wales, four years beginning with the date on which the operations were substantially completed.

• (2) In that section, in subsection (2), for the words from “four years” to the end substitute—

(a) in the case of a breach of planning control in England, ten years beginning with the date of the breach, and (b) in the case of a breach of planning control in Wales, four years beginning with the date of the breach.

Duration of temporary stop notices

116

• (1) Section 171E of TCPA 1990 (temporary stop notices) is amended as follows.

• (2) In subsection (7)(a), for “period of 28 days” substitute “relevant period”.

• (3) After subsection (7) insert—

(8) In subsection (7)(a), “relevant period” means— (a) in the case of a notice issued by a local planning authority in England, 56 days; (b) in the case of a notice issued by a local planning authority in Wales, 28 days.

Enforcement warning notices

117

• (1) TCPA 1990 is amended as follows.

• (2) In section 171A (expressions used in connection with enforcement), in subsection (2)—

• (a) before paragraph (a) insert—

(za) the issue of an enforcement warning notice in relation to land in England under section 172ZA;

• (b) in paragraph (aa), for “(defined in section 173ZA)” substitute “in relation to land in Wales under section 173ZA”.

• (3) Before section 172A insert—

(172ZA) (1) The local planning authority may issue a notice (an “enforcement warning notice”) where it appears to them that— (a) there has been a breach of planning control in respect of any land in England, and (b) there is a reasonable prospect that, if an application for planning permission in respect of the development concerned were made, planning permission would be granted. (2) The notice must— (a) state the matters that appear to the authority to constitute the breach of planning control, and (b) state that, unless an application for planning permission is made within a period specified in the notice, further enforcement action may be taken. (3) A copy of the notice must be served— (a) on the owner and the occupier of the land to which it relates, and (b) on any other person having an interest in the land, being an interest that, in the opinion of the authority, would be materially affected by the taking of any further enforcement action. (4) The issue of an enforcement warning notice does not affect any other power exercisable in respect of any breach of planning control.

• (4) In section 188 (register of enforcement and stop notices and other enforcement action) in subsection (1)—

• (a) after paragraph (za) insert—

(zb) to enforcement warning notices under section 172ZA (enforcement warning notice: England),

• (b) in paragraph (aa), at the end insert “under section 173ZA (enforcement warning notice: Wales)”.

• (5) In that section, in subsection (2)—

• (a) in paragraph (a), for “enforcement warning notice” substitute “enforcement warning notice under section 172ZA or 173ZA”;

• (b) in paragraph (b), after “enforcement notices” insert “and enforcement warning notices under section 172ZA”.

Restriction on appeals against enforcement notices

118

In section 174 of TCPA 1990 (appeal against enforcement notice), for subsections (2A) and (2B) substitute —

(2A) An appeal may not be brought on the ground specified in subsection (2)(a) if— (a) the land to which the enforcement notice relates is in England, and (b) the enforcement notice was issued at a time after the making of an application for planning permission that was related to the enforcement notice. (2AA) For the purposes of subsection (2A)— (a) an application for planning permission for the development of any land is related to an enforcement notice if granting planning permission for the development would involve granting planning permission in respect of the matters specified in the enforcement notice as constituting a breach of planning control; (b) an application for planning permission that the local planning authority or the Secretary of State declined to determine under section 70A, 70B or 70C is to be ignored. (2AB) But subsection (2A) does not apply if— (a) the application for planning permission has ceased to be under consideration, and (b) the enforcement notice was issued after the end of the period of two years beginning with the day on which the application ceased to be under consideration. (2AC) For the purposes of subsection (2AB), an application for planning permission has ceased to be under consideration if— (a) the application was refused, or granted subject to conditions, and, in the case of an application determined by the local planning authority, the applicant did not appeal under section 78(1)(a); (b) the applicant did not appeal in the circumstances mentioned in section 78(2) and the application was not subsequently refused; (c) the applicant appealed under section 78(1)(a) or section 78(2) and— (i) the appeal was dismissed, (ii) the application was on appeal granted subject to conditions, or subject to different conditions, or (iii) the Secretary of State declined under section 79(6) to determine the appeal. (2B) For the purposes of subsection (2AB), the day on which the application ceased to be under consideration is— (a) in a case within subsection (2AC)(a), the day on which the right to appeal arose; (b) in a case within subsection (2AC)(b), the day after the end of the prescribed period referred to in section 78(2); (c) in a case within subsection (2AC)(c)(i), the day on which the appeal was dismissed; (d) in a case within subsection (2AC)(c)(ii), the day on which the appeal was determined; (e) in a case within subsection (2AC)(c)(iii) relating to an appeal under section 78(1)(a), the day on which the right to appeal arose; (f) in a case within subsection (2AC)(c)(iii) relating to an appeal under section 78(2), the day after the end of the prescribed period referred to in section 78(2).

Undue delays in appeals

119

• (1) TCPA 1990 is amended as follows.

• (2) In section 176 (determination of appeals relating to enforcement notices), at the end insert—

(6) If at any time before or during the determination of an appeal against an enforcement notice issued by a local planning authority in England it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, the Secretary of State may— (a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are so specified for the expedition of the appeal, and (b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

• (3) In section 195 (appeals relating to certificates of lawfulness), after subsection (3) insert—

(3A) Where the local planning authority referred to in subsection (1) is in England, if at any time before or during the determination of an appeal under subsection (1)(a) or (b) it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, the Secretary of State may— (a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are so specified for the expedition of the appeal, and (b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

• (4) In Schedule 6 (determination of certain appeals by person appointed by Secretary of State), in paragraph 2 (powers and duties of appointed person)—

• (a) in sub-paragraph (1)(b) for “and (5)” substitute “, (5) and (6)”;

• (b) in sub-paragraph (1)(c), for “and (3)” substitute “, (3) and (3A)”.

Penalties for non-compliance

120

• (1) In section 187A of TCPA 1990 (enforcement of conditions), in subsection (12), for the words from “to a fine” to the end substitute—

(a) to a fine, if the land is in England, or (b) to a fine not exceeding level 3 on the standard scale, if the land is in Wales.

• (2) In section 216 of TCPA 1990 (penalty for non-compliance with section 215 notice)—

• (a) in subsection (2), for the words from “to a fine” to the end substitute—

(a) to a fine, if the land is England, or (b) to a fine not exceeding level 3 on the standard scale, if the land is in Wales.

• (b) in subsection (6), for “one-tenth of level 3 on the standard scale” substitute “the relevant amount”;

• (c) after subsection (6) insert—

(6A) In subsection (6) “the relevant amount” means— (a) if the land is in England, one-tenth of the greater of— (i) £5000, or (ii) level 4 on the standard scale; (b) if the land is in Wales, one-tenth of level 3 on the standard scale.

Power to provide relief from enforcement of planning conditions

121

After section 196D of TCPA 1990 insert—

(196E) (1) The Secretary of State may by regulations provide that a local planning authority in England may not take, or is subject to specified restrictions in how it may take, relevant enforcement measures in relation to any actual or apparent failure to comply with a relevant planning condition. (2) The Secretary of State may make regulations under subsection (1) only if the Secretary of State considers that it is appropriate to make the regulations for the purposes of national defence or preventing or responding to civil emergency or significant disruption to the economy of the United Kingdom or any part of the United Kingdom. (3) The power in subsection (1) may only be exercised in respect of an actual or apparent failure which occurs during a specified period of not more than one year (the “relief period”) or which is apprehended during the relief period to so occur (but see subsections (7) and (8)). (4) A “relevant enforcement measure” is anything which may be done by a local planning authority in England for the purposes of investigating, preventing, remedying or penalising an actual or apparent failure to comply with a relevant planning condition. (5) A relevant enforcement measure includes, in particular— (a) the exercise of a power under— (i) section 171BA (power to apply for planning enforcement order); (ii) section 187B (power to apply to court for injunction); (iii) section 196A (power to enter without a warrant); (iv) section 196B (power to apply for, and enter under, warrant); (b) the issue of— (i) a planning contravention notice under section 171C, (ii) a temporary stop notice under section 171E, (iii) an enforcement notice under section 172, (iv) an enforcement warning notice under section 172ZA, (v) a stop notice under section 183, or (vi) a breach of condition notice under section 187A. (6) A “relevant planning condition” is a condition or limitation subject to which planning permission for development of land in England is granted, but does not include a condition under— (a) section 90A and Schedule 7A (condition relating to biodiversity gain); (b) section 90B (condition relating to development progress reports); (c) section 91 (condition limiting duration of planning permission); (d) section 92 (conditions for outline planning permission). (7) Regulations under subsection (1) may make provision as to the treatment of an actual or apparent failure to comply with a relevant planning condition, which— (a) starts before, but continues after, the start of the relief period, or (b) starts during, but continues after, that period. (8) Regulations under subsection (1) may provide that an actual or apparent failure to comply with a relevant planning condition is not to be treated as occurring during the relief period, if the failure— (a) occurs wholly during the period, and (b) is not remedied by a specified time after the period. (9) Regulations under subsection (1) may make provision that, where anything relating to the taking of a relevant enforcement measure is to be or may be done by a time during the relief period, it is to be or may be instead done by a specified time after that period. (10) Regulations under subsection (1) may— (a) apply in relation to all, or only specified, local planning authorities in England; (b) apply in relation to all, or only specified, relevant planning conditions; (c) apply in relation to all, or only specified, relevant enforcement measures; (d) prevent the taking of relevant enforcement measures indefinitely or only for a specified period of time. (11) In this section, “specified” means specified or described in regulations under subsection (1).

Chapter 6 — Other provision

Consultation before applying for planning permission

122

In section 122 of the Localism Act 2011 (consultation before applying for planning permission in England), omit subsections (3) and (4) (which provide for the expiry of sections 61W to 61Y of TCPA 1990).

Duty in relation to self-build and custom housebuilding

123

• (1) In section 2A of the Self-build and Custom Housebuilding Act 2015 (duty to grant planning permissions etc)—

• (a) in subsection (2)—

• (i) omit “suitable”;

• (ii) for “in respect of enough serviced plots” substitute “for the carrying out of self-build and custom housebuilding on enough serviced plots”;

• (iii) for “arising in” substitute “in respect of”;

• (b) after subsection (5) insert—

(5A) Regulations may make provision specifying descriptions of planning permissions or permissions in principle that are, or are not, to be treated as development permission for the carrying out of self-build and custom housebuilding for the purposes of this section.

• (c) in subsection (6), for paragraph (a) substitute—

(a) the demand for self-build and custom housebuilding in an authority’s area in respect of a base period is the aggregate of— (i) the demand for self-build and custom housebuilding arising in the authority’s area in the base period; and (ii) any demand for self-build and custom housebuilding that arose in the authority’s area in an earlier base period and in relation to which— (A) the time allowed for complying with the duty in subsection (2) expired during the base period in question, and (B) the duty in subsection (2) has not been met; (aa) the demand for self-build and custom housebuilding arising in an authority’s area in a base period is evidenced by the number of entries added during that period to the register under section 1 kept by the authority;

• (d) omit subsection (6)(c);

• (e) in subsection (9)(b), for “arising in” substitute “in respect of”.

• (2) In section 4 of the Self-build and Custom Housebuilding Act 2015 (regulations), in subsection (2), before paragraph (za) insert—

(zza) section 2A(5A),

Powers as to form and content of planning applications

124

• (1) Before section 327A of TCPA 1990 insert—

(327ZA) (1) Subsections (2) to (3) apply to a relevant power to make provision about— (a) the form or manner in which a planning application is to be made, or (b) the form or manner in which an associated document is to be provided. (2) The power includes power to make provision requiring or allowing the application to be made, or the associated document to be provided— (a) by particular electronic means, or (b) by electronic means that satisfy particular technical standards or specifications. (3) The power includes power to make provision requiring or allowing the authority to which a planning application is (or is to be) made to waive a requirement of a sort described in subsection (2). (4) Subsection (5) applies to a relevant power to make provision about the content of a planning application or associated document. (5) The power includes power to make provision requiring the application or associated document, or any particular content of it, to be prepared or endorsed by a person with particular qualifications or experience. (6) Subsection (7) applies to any power within subsection (1) or (4). (7) The power may be exercised by making provision referring (and giving effect) to such material of a particular description as is published from time to time by the Secretary of State on a government website together with a statement that it has effect for the purposes of the provision in question. (8) Provision that may be made by virtue of subsection (7) includes, for example, provision requiring or allowing a planning application to be made (or an associated document to be provided) using such a form, or in accordance with such specifications, as are published from time to time as mentioned in that subsection. (9) In this section, a “relevant power to make provision” about a certain matter is a power of the Secretary of State under this Act to make subordinate provision about that matter, if and so far as the power is exercisable in relation to England. (10) It is irrelevant for the purposes of subsection (9) in what terms a power is conferred (and, in particular, whether it relates specifically to the matter in question or is a more general power capable of exercise in relation to that matter). (11) In this section— - “associated document” means any document or other material that— accompanies, relates to, or is or is to be subject of, a planning application, and is required by or under this Act to be provided by or on behalf of the person making the application; - “planning application” means— an application under, or for the purposes of, any provision of Part 3 or 8 of this Act or any subordinate provision made under that Part, or an application under section 191 or 192, but does not include an application made in legal proceedings; - “provided” includes prepared, submitted, issued, served, notified and published; - “subordinate provision” means provision in an order or in regulations.

• (2) In section 62(2A) of TCPA 1990 (powers relating to applications for planning permission to include certain applications under conditions), before paragraph (a) insert—

(za) applications for any consent, agreement or approval required by a condition under section 61C(1)(b),

• (3) In paragraph 14 of Schedule 7A to TCPA 1990 (biodiversity gain plans) at the end insert—

(4) Section 327ZA applies to the power conferred by sub-paragraph (3) as if a biodiversity gain plan were an “associated document” within the meaning of that section.

• (4) In section 17 of the Listed Buildings Act (conditions of listed building consent), after subsection (3) insert—

(4) Regulations under this Act in relation to England may, in relation to applications made pursuant to a condition attached to listed building consent, make any provision corresponding to provision that may be made in relation to applications for such consent under section 10(3).

• (5) In section 89 of the Listed Buildings Act (application of general provisions of TCPA 1990)—

• (a) in subsection (1), after the entry for section 323A insert—

• section 327ZA (powers as to form and content of applications in England);

• (b) before subsection (1A) insert—

(1ZC) In section 327ZA of the principal Act as applied by this section, references to a planning application are to be read as references to an application under, or for the purposes of, any provision of Chapter 2 of Part 1 of this Act or any subordinate provision made under that Chapter (but are not to be read as including an application made in legal proceedings).

• (6) In section 10 of the Hazardous Substances Act (conditions of hazardous substance consent), after subsection (3) insert—

(4) Regulations in relation to England may, in relation to applications made pursuant to a condition attached to hazardous substance consent, make any provision corresponding to provision that may be made in relation to applications for such consent under section 7.

• (7) In section 37 of the Hazardous Substances Act (application of general provisions of TCPA 1990)—

• (a) in subsection (2), after the entry for section 323A insert—

• section 327ZA (powers as to form and content of applications in England);

• (b) at the end insert—

(5) In section 327ZA of the principal Act as applied by this section, references to a planning application are to be read as references to an application under, or for the purposes of, any provision of this Act or any subordinate provision made under this Act (but are not to be read as including an application made in legal proceedings).

Additional powers in relation to planning obligations

125

In section 106A of TCPA 1990 (modification and discharge of planning obligations), after subsection (9) insert—

(9A) Regulations may make provision for, or in connection with— (a) requirements which must be met in order for a planning obligation in respect of land in England to be modified or discharged; and (b) circumstances in which a planning obligation in respect of land in England may not be modified or discharged.

Fees for certain services in relation to nationally significant infrastructure projects

126

• (1) After section 54 of the Planning Act 2008 (rights of entry: Crown land) insert—

(54A) (1) The Secretary of State may make regulations for and in connection with the charging of fees by prescribed public authorities in relation to the provision of relevant services. (2) A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided in connection with— (a) an application or proposed application— (i) for an order granting development consent, or (ii) to make a change to, or revoke, such an order, or (b) any other prescribed matter relating to nationally significant infrastructure projects. (3) The regulations under subsection (1) may in particular make provision— (a) about when a fee (including a supplementary fee) may, and may not, be charged; (b) about the amount which may be charged; (c) about what may, and may not, be taken into account in calculating the amount charged; (d) about who is liable to pay a fee charged; (e) about when a fee charged is payable; (f) about the recovery of fees charged; (g) about waiver, reduction or repayment of fees; (h) about the effect of paying or failing to pay fees charged (including provision permitting a public authority prescribed under subsection (1) to withhold a relevant service that they would otherwise be required to provide under an enactment until any outstanding fees for that service are paid); (i) for the supply of information for any purpose of the regulations; (j) conferring a function, including a function involving the exercise of a discretion, on any person. (4) A public authority prescribed under subsection (1) must have regard to any guidance published by the Secretary of State in relation to the exercise of its functions under the regulations. (5) In this section, “public authority” means any person certain of whose functions are of a public nature.

Power to shorten deadline for examination of development consent order applications

127

• (1) Section 98 of the Planning Act 2008 (timetable for examining, and reporting on, application for development consent order) is amended as follows.

• (2) After subsection (4) insert—

(4A) The Secretary of State may set a date for a deadline under subsection (1) that is earlier than the date for the time being set.

• (3) In subsection (6), after “subsection (4)” insert “or (4A)”.

Additional powers in relation to non-material changes to development consent orders

128

In paragraph 2 of Schedule 6 to the Planning Act 2008 (non-material changes), after sub-paragraph (1) insert—

(1A) The Secretary of State may by regulations make provision about— (a) the decision-making process in relation to the exercise of the power conferred by sub-paragraph (1); (b) the making of the decision as to whether to exercise that power; (c) the effect of a decision to exercise that power. This is subject to sub-paragraph (2). (1B) The power to make regulations under sub-paragraph (1A) includes power to allow a person to exercise a discretion.

Hazardous substances consent: connected applications to the Secretary of State

129

In section 62A of TCPA 1990 (when application may be made directly to the Secretary of State), in subsection (3)(a)—

• (a) in sub-paragraph (i) omit “or”;

• (b) after that sub-paragraph insert—

(ia) an application for hazardous substances consent under the Planning (Hazardous Substances) Act 1990, or

Regulations and orders under the Planning Acts

130

• (1) In section 333 of TCPA 1990 (regulations and orders)—

• (a) after subsection (2A) insert—

(2B) Regulations made under this Act may make consequential, supplementary, incidental, transitional, transitory or saving provision.

• (b) after subsection (7) insert—

(8) Orders made under this Act by statutory instrument may make consequential, supplementary, incidental, transitional, transitory or saving provision.

• (2) In section 238 of TCPA 1990 (consecrated land), in subsection (5)(c), for the words from “contain” to the end substitute “in particular by virtue of section 333(2B) include provision as to the closing of registers”.

• (3) In TCPA 1990, omit the following—

• (a) section 61Z2(3);

• (b) section 106ZB(2)(a);

• (c) in section 116(2), the words “and incidental or supplementary provision”;

• (d) section 202G(4);

• (e) section 303(6)(a);

• (f) section 303ZA(4)(a);

• (g) section 319A(10)(a);

• (h) section 319B(10)(a);

• (i) in Schedule 4D, paragraph 1(3).

• (4) In section 93 of the Listed Buildings Act (regulations and orders), for subsection (6) substitute—

(6) Regulations made under this Act and orders made under this Act by statutory instrument may make consequential, supplementary, incidental, transitional, transitory or saving provision.

• (5) In the Listed Buildings Act, omit the following—

• (a) section 88D(9)(a);

• (b) section 88E(9)(a).

• (6) In section 40 of the Hazardous Substances Act (regulations)—

• (a) in the heading, after “Regulations” insert “and orders”;

• (b) after subsection (4) insert—

(5) Regulations made under this Act and orders made under this Act by statutory instrument may make consequential, supplementary, incidental, transitional, transitory or saving provision.

• (7) In section 5 of the Hazardous Substances Act (power to prescribe hazardous substances), in subsection (3), for “to make such transitional provision” substitute “under section 40(5) for regulations under this section to make transitional provision”.

• (8) In the Hazardous Substances Act, omit the following—

• (a) section 21A(9)(a);

• (b) section 21B(9)(a).

Power for appointees to vary determinations as to procedure

131

In paragraph 2 of Schedule 6 to TCPA 1990 (powers and duties of appointed persons), in sub-paragraph (10)—

• (a) for “does not apply” substitute “applies”;

• (b) at the end insert “only for the purposes of subsection (4) of that section”.

Pre-consolidation amendment of planning, development and compulsory purchase legislation

132

• (1) The Secretary of State may by regulations make such amendments and modifications of the relevant enactments as in the Secretary of State’s opinion facilitate, or are otherwise desirable in connection with, the consolidation of some or all of those enactments.

• (2) “Relevant enactments” means—

• (a) the enactments listed in subsection (3), and

• (b) any other enactments, whenever passed or made, so far as relating to—

• (i) planning or development, or

• (ii) the compulsory purchase of land (including compensation for such purchases).

• (3) The enactments referred to in subsection (2)(a) are—

• the Land Clauses Consolidation Act 1845;

• the Railway Clauses Consolidation Act 1845;

• sections 9, 13, 76 and 77 of the National Parks and Access to the Countryside Act 1949;

• the Land Compensation Act 1961;

• the Compulsory Purchase Act 1965;

• the Agriculture Act 1967;

• the Civic Amenities Act 1967;

• the Land Compensation Act 1973;

• sections 13 to 16 of (and Schedule 1 to) the Local Government (Miscellaneous Provisions) Act 1976;

• Parts 13, 14, 16 and 18 of the Local Government, Planning and Land Act 1980;

• the Compulsory Purchase (Vesting Declarations) Act 1981;

• the Acquisition of Land Act 1981;

• the New Towns Act 1981;

• Part 3 of the Housing Act 1988;

• TCPA 1990;

• the Listed Buildings Act;

• the Hazardous Substances Act;

• the Planning and Compensation Act 1991;

• Part 3 and section 96 of (and Schedule 14 to) the Environment Act 1995;

• GLAA 1999;

• PCPA 2004;

• the Planning Act 2008;

• the Planning and Energy Act 2008;

• Chapter 3 of Part 5, Part 6 and Chapter 2 of Part 8 of the Localism Act 2011;

• Parts 6 and 7 of the Housing and Planning Act 2016;

• section 15 of the Neighbourhood Planning Act 2017;

• Parts 3 to 9 of this Act.

• (4) For the purposes of this section, “amend” includes repeal and revoke (and similar terms are to be read accordingly).

• (5) Subsection (6) applies where, in the Secretary of State’s opinion, an amendment or modification made by regulations under this section facilitates or is otherwise desirable in connection with the consolidation of certain relevant enactments.

• (6) The regulations must provide that the amendment or modification comes into force immediately before an Act consolidating those relevant enactments comes into force.

• (7) Regulations under this section must not make any provision which is within—

• (a) Scottish devolved legislative competence,

• (b) Welsh devolved legislative competence, or

• (c) Northern Ireland devolved legislative competence,

unless that provision is a restatement of provision or is merely incidental to, or consequential on, provision that would be outside that legislative competence.

• (8) For the purposes of subsection (7)—

• (a) provision is within “Scottish devolved legislative competence” where, if it were included in an Act of the Scottish Parliament, it would be within the legislative competence of that Parliament;

• (b) provision is within “Welsh devolved legislative competence” where, if it were included in an Act of Senedd Cymru, it would be within the legislative competence of the Senedd (including any provision that could be made only with the consent of a Minister of the Crown);

• (c) provision is within “Northern Ireland devolved legislative competence” where the provision—

• (i) would be within the legislative competence of the Northern Ireland Assembly, if it were included in an Act of that Assembly, and

• (ii) would not, if it were included in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State.

• (9) In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

Participation in certain proceedings conducted by, or on behalf of, the Secretary of State

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• (1) The Secretary of State may, to the extent not otherwise able to do so, require or permit a person who takes part in relevant proceedings conducted by the Secretary of State to do so (wholly or partly) remotely.

• (2) The references in subsection (1) to the Secretary of State include references to a person appointed by the Secretary of State.

• (3) “Relevant proceedings” means any inquiry, hearing, examination, meeting or other proceedings under an Act (whenever passed or made) which relate to planning, development or the compulsory purchase of land.

• (4) Relevant proceedings include, in particular—

• (a) any proceedings to which section 319A of TCPA 1990 applies (see subsections (7) to (10) of that section);

• (b) any proceedings under section 20 of, or paragraph 6 of Schedule 3 to, the Listed Buildings Act;

• (c) any proceedings under section 21 of, or paragraph 6 of the Schedule to, the Hazardous Substances Act;

• (d) any proceedings under section 13A of, or paragraph 4A of Schedule 1 to, the Acquisition of Land Act 1981;

• (e) any proceedings under Part 10A or Part 11 of the Planning Act 2008;

• (f) an examination under Part 2 of PCPA 2004;

• (g) an examination under Chapter 2 or 3 of Part 6 of the Planning Act 2008 (including any meetings under Chapter 4 of that Part) in relation to an application for an order granting development consent;

• (h) an examination under Schedule 4B to the TCPA 1990 in relation to a draft neighbourhood development order.

• (5) For the purposes of this section a person takes part in relevant proceedings remotely if they take part through—

• (a) a live telephone link,

• (b) a live television link, or

• (c) any other arrangement which does not involve the person attending the proceedings in person.

Power of certain bodies to charge fees for advice in relation to applications under the Planning Acts

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After section 303ZA of the TCPA 1990 (fees for appeals) insert—

(303ZB) (1) A prescribed body may charge fees for the provision of advice, information or assistance (including the provision of a response to a consultation) in connection with an application within subsection (2) that relates to land in England. (2) An application is within this subsection if it is an application, proposed application or proposal for a permission, approval or consent under, or for the purposes of, the planning Acts. (3) A prescribed body may not charge fees under subsection (1) in respect of— (a) a response to a consultation that a qualifying neighbourhood body is required to carry out under an enactment; (b) the provision of prescribed advice, information or assistance or advice, information or assistance of a prescribed description. (4) In subsection (3)(a), a “qualifying neighbourhood body” means— (a) a qualifying body within the meaning given by section 61E(6) (and includes a community organisation which is to be regarded as such a qualifying body by virtue of paragraph 4(2) of Schedule 4C), or (b) a qualifying body within the meaning given by section 38A(12) of the Planning and Compulsory Purchase Act 2004. (5) A prescribed body may charge fees under subsection (1) only in accordance with a statement published on its website which— (a) describes the advice, information or assistance in respect of which fees are charged, (b) sets out the fees (or, if applicable, the method by which the fees are to be calculated), and (c) refers to any provision in an enactment pursuant to which the advice, information or assistance is provided. (6) Subsections (7) and (8) apply where a prescribed body decides to charge fees under subsection (1) for advice, information or assistance which the body provides pursuant to a provision in an enactment. (7) If a person fails to pay the fee charged under subsection (1), the prescribed body may, notwithstanding any requirement to provide the advice, information or assistance, withhold the advice, information or assistance until the fee is paid. (8) The prescribed body must secure that, taking one financial year with another, the income from the fees charged under subsection (1) does not exceed the cost of providing the advice, information or assistance. (9) A financial year is the period of 12 months beginning with 1 April. (10) Before making regulations under this section, the Secretary of State must consult— (a) any body likely to be affected by the regulations, and (b) such other persons as the Secretary of State considers appropriate. (11) In this section, “fees” include charges (however described).

Biodiversity net gain: pre-development biodiversity value and habitat enhancement

135

In Schedule 7A to the TCPA 1990 (biodiversity gain in England)—

• (a) in paragraph 5(4), after “6” insert “, 6A, 6B”;

• (b) after paragraph 6 insert—

(6A) If— (a) a person carries on activities on land on or after 25 August 2023 in accordance with a planning permission (other than the planning permission referred to in paragraph 5(1)), (b) on the relevant date, development for which that other planning permission was granted— (i) has not been begun, or (ii) has been begun but has not been completed, and (c) as a result of the activities the biodiversity value of the onsite habitat referred to in paragraph 5(1) is lower on the relevant date than it would otherwise have been, the pre-development biodiversity value of the onsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities. (6B) (1) This paragraph applies where there is insufficient evidence of the biodiversity value of an onsite habitat immediately before the carrying on of the activities referred to in paragraph 6 or 6A. (2) The biodiversity value of the onsite habitat immediately before the carrying on of the activities referred to in paragraph 6 or 6A is to be taken to be the highest biodiversity value of the onsite habitat which is reasonably supported by any available evidence relating to the onsite habitat.

• (c) in paragraph 10—

• (i) in sub-paragraph (1), after “habitat enhancement” insert “of an offsite habitat”;

• (ii) after sub-paragraph (1) insert—