Planning Act 2008: Chapter 29; Explanatory Notes
The Stationery Office, Dec 11, 2008 - 61 pages
Parts 1 to 8 of the Planning Act 2008 create a new system of development consent for nationally significant infrastructure projects. The new system covers certain types of energy, transport, water, waste water and waste projects. The number of applications and permits required for such projects is being reduced, compared with the position under current legislation. A major role in the new system is to be played by a new independent body to be called the Infrastructure Planning Commission ('the Commission'). The Commission will be responsible for examining applications for development consent for nationally significant infrastructure projects. National policy statements will set the framework for decisions by the Commission. The Secretary of State will have a wide discretion as to how prescriptive the policy should be. The Act sets out the procedures for examination of an application. It is intended that in examining applications greater use is made of written representations with less reliance on oral representations; and restrictions are being placed on the use of cross examination by interested parties at a hearing. The Act sets a timetable for examination of applications and decisions. A deadline of six months is stipulated for carrying out the examination procedure and a further three months is allowed for a Council (consisting of between five and nine Commissioners), a Panel or the Secretary of State to take a decision. Part 9 of the Act makes various alterations to the existing town and country planning regime. Part 10 adds certain matters within the field of town and country planning to the legislative competence of the National Assembly for Wales. Part 11 empowers the Secretary of State to establish a Community Infrastructure Levy.
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26 November acquisition of land amends section appeal appoint appropriate authority Assent on 26 authorises the compulsory Chapter charging authority charging schedule CIL regulations circumstances commits an offence Community Infrastructure Levy compensation compulsory acquisition consent which authorises consultation country planning deadline decision decision-maker development consent order development consent regime development order development plan document development plans Examining authority granting development consent highway Infrastructure Planning Commission interested party liability Listed Buildings Act local development document local development order local planning authority national policy statement nationally significant infrastructure order granting development Panel or Council Paragraph PCPA person pipe-line Planning Act planning authority planning permission prescribed project requires development proposed application provides power purposes received Royal Assent relevant local planning requires development consent revocation right over land Secretary section provides section requires section sets significant infrastructure project single Commissioner statutory undertaker subsection supplementary planning documents TCPA tree preservation orders Wales Welsh Ministers