Planning Act 2008, Part 3

s.101 Legal advice and assistance

amended 11 times (opens in a new tab)

s.102 Interpretation of Chapter 4: “interested party” and other expressions

s.102 Persons in certain categories may ask to become interested parties etc

amended 11 times

s.102 Categories for the purposes of section 102A

amended 11 times

s.103 Secretary of State is to decide applications

amended 13 times (opens in a new tab)

s.104 Decisions in cases where national policy statement has effect Regulated

Other duties (1) — Crown / regulator

Secretary of State must decide planning applications based on national policyCrown / Minister / Government department

s.105 Decisions in cases where no national policy statement has effect

amended 5 times (opens in a new tab)

s.106 Matters that may be disregarded when deciding application

amended 8 times (opens in a new tab)

s.107 Timetable for decisions

s.108 Suspension during review of national policy statement

s.109 Intervention: significant change in circumstances

s.110 Intervention: defence and national security

s.111 Intervention: other circumstances

s.112 Power of Secretary of State to intervene

s.113 Effect of intervention

s.114 Grant or refusal of development consent

amended 10 times (opens in a new tab)

s.115 Development for which development consent may be granted

s.116 Reasons for decision to grant or refuse development consent Regulated

Other duties (1) — Crown / regulator

Secretary of State must provide and publish reasons for development decisionsCrown / Minister / Government department

amended 7 times (opens in a new tab)

s.117 Orders granting development consent: formalities Regulated

Other duties (1) — Crown / regulator

Secretary of State must publish and deposit development consent ordersCrown / Minister / Government department

amended 8 times (opens in a new tab)

s.118 Legal challenges relating to applications for orders granting development consent

amended 21 times (opens in a new tab)

s.119 Correction of errors in development consent decisions

35 other sections in this Part — procedural and definitional

s.055 Acceptance of applications

s.056 Notifying persons of accepted application

s.056 Local authorities for the purposes of sections 56(2)(b) and 60(2)(a)

s.057 Categories for purposes of section 56(2)(d)

s.059 Notice of persons interested in land to which compulsory acquisition request relates

s.062 Switching from single appointed person to Panel

s.063 Delegation of functions by person appointed to chair Commission

s.064 Panel for each application to be handled under this Chapter

s.066 Ceasing to be member, or lead member, of Panel

s.067 Panel member continuing though ceasing to be Commissioner

s.068 Additional appointments to Panel

s.070 Membership of Panel where application relates to land in Wales

s.071 Supplementary provision where Panel replaces single appointed person

s.072 Panel ceasing to have any members

s.073 Consequences of changes in Panel

s.074 Panel to decide, or make recommendation in respect of, application

s.075 Decision-making by the Panel

s.076 Allocation within Panel of Panel's functions

s.077 Exercise of Panel's powers for examining application

s.078 Single appointed person to handle application

s.080 Ceasing to be the single appointed person

s.081 Single Commissioner continuing though ceasing to be Commissioner

s.082 Appointment of replacement single appointed person

s.084 Report from single Commissioner to be referred to Council

s.085 Decisions made by the Council on the application

s.086 Chapter applies to examination by Panel or single appointed person

s.088 Local authorities for the purposes of section 88(3)(d)

s.090 Written representations

s.092 Compulsory acquisition hearings

s.095 Hearings: disruption, supervision and costs

s.095 Hearings: defence and national security

s.096 Representations not made orally may be made in writing

s.096 Costs

s.097 Procedure rules

s.098 Timetable for examining, and reporting on, application

Part 7

Orders granting development consent

41 of 41 sections shown

s.120 What may be included in order granting development consent

s.121 Proposed exercise of powers in relation to legislation

s.122 Purpose for which compulsory acquisition may be authorised

s.123 Land to which authorisation of compulsory acquisition can relate

s.124 Guidance about authorisation of compulsory acquisition

s.125 Application of compulsory acquisition provisions

s.126 Compensation for compulsory acquisition

amended 7 times (opens in a new tab)

s.127 Statutory undertakers' land

s.128 Local authority and statutory undertakers' land: general

s.129 Local authority and statutory undertakers' land: acquisition by public body

s.130 National Trust land

s.131 Commons, open spaces etc: compulsory acquisition of land

s.132 Commons, open spaces etc: compulsory acquisition of rights over land

s.133 Rights in connection with underground gas storage facilities

amended 7 times (opens in a new tab)

s.134 Notice of authorisation of compulsory acquisition Regulated

Notify affected parties of compulsory land acquisition authorisationAny Person

s.135 Orders: Crown land

amended 5 times (opens in a new tab)

s.136 Public rights of way

s.137 Public rights of way: statutory undertakers' apparatus etc.

amended 9 times (opens in a new tab)

s.138 Extinguishment of rights, and removal of apparatus, of statutory undertakers etc.

s.139 Common land and rights of common

s.140 Operation of generating stations

s.141 Keeping electric lines installed above ground

s.142 Use of underground gas storage facilities

s.143 Diversion of watercourses

s.144 Highways

s.145 Harbours

s.146 Discharge of water

s.147 Development of Green Belt land

s.148 Deemed consent under section 34 of the Coast Protection Act 1949

s.149 Deemed licences under Part 2 of the Food and Environment Protection Act 1985

s.149 Deemed consent under a marine licence

amended 2 times

s.150 Removal of consent requirements

s.151 Liability under existing regimes

amended 22 times (opens in a new tab)

s.152 Compensation in case where no right to claim in nuisance Regulated

Pay compensation for injurious affection from authorised worksAny Person

s.153 Changes to, and revocation of, orders granting development consent

s.154 Duration of order granting development consent Regulated

Start development before the consent deadline expiresClient

s.155 When development begins

s.156 Benefit of order granting development consent

s.157 Use of buildings in respect of which development consent granted

amended 11 times (opens in a new tab)

s.158 Nuisance: statutory authority

s.159 Interpretation: land and rights over land

Part 8

Enforcement

14 of 14 sections shown

s.160 Development without development consent Prosecution

Carry out development without planning consentAny Person
Carry out major development without proper consentAny Person

Unlimited fine · amended 3 times (opens in a new tab)

s.161 Breach of terms of order granting development consent Prosecution

Breach terms of a planning consent orderAny Person
Breach terms of development consent orderAny Person

Unlimited fine · amended 6 times (opens in a new tab)

s.162 Time limits

s.163 Right to enter without warrant

s.164 Right to enter under warrant

s.165 Rights of entry: supplementary provisions Prosecution

Obstruct authorised entry for infrastructure projectAny Person
Willfully obstruct a planning entry officerAny Person

Fine up to £1,000 · amended 3 times (opens in a new tab)

s.166 Rights of entry: Crown land

s.167 Power to require information

s.168 Offences relating to information notices Prosecution

Fail to comply with information notice within 21 daysAny Person
Fail to comply with or misrepresent information notice requirementsAny Person

Unlimited fine · amended 1 time (opens in a new tab)

s.169 Notice of unauthorised development

s.170 Execution of works required by notice of unauthorised development Prosecution

Obstruct local authority executing enforcement worksAny Person
Obstruct local planning authority executing works under an unauthorised development noticeAny Person

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.171 Injunctions

s.172 Isles of Scilly

s.173 The relevant local planning authority

Part 9

Changes to existing planning regimes

27 of 28 sections shown

s.174 Planning obligations

s.175 Blighted land: England and Wales

s.176 Blighted land: Scotland

s.177 Grants for advice and assistance: England and Wales

s.178 Grants for advice and assistance: Scotland

s.179 Delegation of functions of regional planning bodies

s.180 Local development documents

s.181 Regional spatial strategies: climate change policies

s.182 Development plan documents: climate change policies

s.183 Good design

s.184 Correction of errors in decisions

s.185 Power of High Court to remit strategies, plans and documents

s.186 Power of High Court to remit unitary development plans in Wales

s.187 Power to decline to determine applications: amendments

s.188 Local development orders: removal of requirement to implement policies

s.189 Compensation where development order or local development order withdrawn

s.190 Power to make non-material changes to planning permission

s.191 Validity of orders, decisions and directions

s.192 Tree preservation orders

s.193 Existing tree preservation orders: transitional provision

s.194 Use of land: power to override easements and other rights

s.195 Applications and appeals by statutory undertakers

s.196 Determination of procedure for certain proceedings

s.197 Appeals: miscellaneous amendments

s.198 Appeals relating to old mining permissions

s.199 Fees for planning applications

s.200 Fees for appeals

1 other section in this Part — procedural and definitional

s.201 Meaning of “local authority” in planning Acts

Part 10

Wales

2 of 3 sections shown

s.202 Powers of National Assembly for Wales

s.204 Wales: transitional provision in relation to blighted land

1 other section in this Part — procedural and definitional

s.203 Power to make provision in relation to Wales

Part 11

Community Infrastructure Levy

20 of 25 sections shown

s.205 The levy

amended 12 times (opens in a new tab)

s.206 The charge

s.207 Joint committees

amended 12 times (opens in a new tab)

s.208 Liability

s.210 Charities

amended 10 times (opens in a new tab)

s.211 Amount Regulated

Other duties (1) — Crown / regulator

Local authorities must create and publish a CIL charging scheduleLocal authority

s.212 Charging schedule: examination

s.212 Charging schedule: examiner's recommendations

amended 3 times

s.213 Charging schedule: approval

s.214 Charging schedule: effect

amended 16 times (opens in a new tab)

s.214 Secretary of State: power to require review of certain charging schedules

amended 1 time

s.215 Appeals Regulated

Other duties (1) — Crown / regulator

CIL regulations must provide a right of appeal on calculation methodsCrown / Minister / Government department

s.216 Application

s.216 Duty to pass receipts to other persons Regulated

Other duties (1) — Crown / regulator

Charging authority must pass CIL funds to other designated personsLocal authority

amended 16 times

s.216 Use of CIL in an area to which section 216A(1) duty does not relate

amended 16 times

s.217 Collection Regulated

Other duties (1) — Crown / regulator

Government must establish rules for Community Infrastructure Levy collectionCrown / Minister / Government department

s.218 Enforcement Regulated

Pay Community Infrastructure Levy (CIL) and comply with local land chargesAny Person

s.219 Compensation

s.223 Relationship with other powers

s.224 Community Infrastructure Levy: amendments

5 other sections in this Part — procedural and definitional

s.209 Liability: interpretation of key terms

s.220 Community Infrastructure Levy: procedure

s.221 Secretary of State

s.222 Regulations and orders: general

s.225 Community Infrastructure Levy: repeals

Part 12

Final provisions

7 of 18 sections shown

s.227 “Crown land” and “the appropriate Crown authority”

amended 5 times (opens in a new tab)

s.232 Orders and regulations

s.235 Interpretation

s.236 Application of Act to Scotland: modifications

s.238 Repeals

s.240 Extent

s.241 Commencement