UK Act of Parliament 2008 United Kingdom

Planning Act 2008, Part 3

View on legislation.gov.uk (opens in a new tab) Ask Guv about this Act

At a glance

What's here

52 compliance obligations, 6 practical guides · 3 journeys · 5 statutory instruments

Penalty landscape

9 of 52 obligations carry an unlimited fine. 7 carry different penalties and 36 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Any Person 19
  • Applicant 7
  • Client 2

Plus 24 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Step-by-step journeys using this legislation

Walkthroughs that take you from a real business situation to compliance.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Direct — cites this Act

2 guides

Supporting — topic alignment

2 guides

Mentioned in related content

2 guides

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Any Person also bound by 2338 other Acts (top 5 shown)
Applicants also bound by 294 other Acts (top 5 shown)
Clients also bound by 65 other Acts (top 5 shown)

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Part 1 — Infrastructure planning: fees

Browse 4 other sections in this Part — procedural / definitional / commencement

Part 2 — National policy statements

s.007

Consultation and publicity

Other duties (1) — Crown / regulator
  • Secretary of State must consult and publicise national policy proposals Crown / Minister / Government department
s.008

Consultation on publicity requirements

Other duties (1) — Crown / regulator
  • Secretary of State must consult local councils on project publicity Crown / Minister / Government department
s.010

Sustainable development

Other duties (1) — Crown / regulator
  • Secretary of State must prioritize sustainable development in planning policy Crown / Minister / Government department
Browse 9 other sections in this Part — procedural / definitional / commencement
s.006

Interpretation of sections 5(4) and 6(7)

s.006

Extension of consideration period under section 5(4A) or 6(7A)

s.006

Review: supplementary

Part 3 — Nationally significant infrastructure projects

Browse 18 other sections in this Part — procedural / definitional / commencement
s.028

Desalination plants

s.030

Radioactive waste geological disposal facilities

Part 4 — Requirement for development consent

Browse 7 other sections in this Part — procedural / definitional / commencement
s.035

Timetable for deciding request for direction under section 35

s.035

Directions under sections 35: procedural matters

Part 5 — Applications for orders granting development consent

s.039

Register of applications

Other duties (1) — Crown / regulator
  • Secretary of State must maintain and publish a register of applications Crown / Minister / Government department
s.042

Duty to consult

  • Consult specified parties before applying for development consent Applicant
s.048

Duty to publicise

  • Publicise your proposed infrastructure application Applicant
s.053

Rights of entry

Fine up to £1,000
  • Wilfully obstruct authorised planning entry Any Person
  • Willfully obstruct authorised entry for planning surveys Any Person
Browse 9 other sections in this Part — procedural / definitional / commencement
s.054

Power to provide for fees for certain services in relation to nationally significant infrastructure projects

Part 6 — Deciding applications for orders granting development consent

s.058

Certifying compliance with section 56

Unlimited fine
  • Issue false or misleading compliance certificate Any Person
  • Issue false or reckless compliance certificate for planning consent Any Person
s.060

Local impact reports

Other duties (1) — Crown / regulator
  • Secretary of State must invite local authorities to report on project impacts Crown / Minister / Government department
s.069

Replacement of lead member of Panel

Other duties (1) — Crown / regulator
  • Secretary of State must appoint a replacement lead member for the Panel Crown / Minister / Government department
s.079

Appointment of single appointed person

Other duties (1) — Crown / regulator
  • Secretary of State must appoint a person to handle the application Crown / Minister / Government department
s.091

Hearings about specific issues

Other duties (1) — Crown / regulator
  • Examining authority must hold hearings for specific project issues Statutory regulator
s.093

Open-floor hearings

Other duties (1) — Crown / regulator
  • Examining Authority must hold open-floor hearings upon request Statutory regulator
s.094

Hearings: general provisions

Other duties (1) — Crown / regulator
  • Examining Authority must conduct infrastructure planning hearings fairly Statutory regulator
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
Browse 35 other sections in this Part — procedural / definitional / commencement
s.056

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

s.088

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

s.095

Hearings: defence and national security

s.096

Costs

Part 7 — Orders granting development consent

s.149

Deemed consent under a marine licence

Amended 2 times

Part 8 — Enforcement

Part 9 — Changes to existing planning regimes

Browse 1 other section in this Part — procedural / definitional / commencement

Part 10 — Wales

Browse 1 other section in this Part — procedural / definitional / commencement

Part 11 — Community Infrastructure Levy

s.211

Amount

Amended 10 times
Other duties (1) — Crown / regulator
  • Local authorities must create and publish a CIL charging schedule Local authority
s.212

Charging schedule: examiner's recommendations

Amended 3 times
s.214

Secretary of State: power to require review of certain charging schedules

Amended 1 time
s.215

Appeals

Other duties (1) — Crown / regulator
  • CIL regulations must provide a right of appeal on calculation methods Crown / Minister / Government department
s.216

Duty to pass receipts to other persons

Amended 16 times
Other duties (1) — Crown / regulator
  • Charging authority must pass CIL funds to other designated persons Local authority
s.216

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

Amended 16 times
s.217

Collection

Other duties (1) — Crown / regulator
  • Government must establish rules for Community Infrastructure Levy collection Crown / Minister / Government department
Browse 5 other sections in this Part — procedural / definitional / commencement

Part 12 — Final provisions

Browse 11 other sections in this Part — procedural / definitional / commencement
s.237

Variation and replacement of section 33 consents: transitional provision

Schedules

Browse 270 other Schedules — structural / supplementary
s.sch001

(1) The members of the Commission (“Commissioners”) are to be—...

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(1) This paragraph applies where an application referred to the...

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(1) The Secretary of State must appoint a person as...

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(1) The Commission may appoint such other staff as it...

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The terms and conditions of service of the chief executive...

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(1) The Commission may make arrangements with such persons as...

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(1) The Commission may delegate, to any one or more...

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(1) The chief executive may authorise (generally or specifically) any...

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(1) In respect of each financial year the Commission must...

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(1) Sub-paragraph (2) applies if the Secretary of State asks...

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(1) The Secretary of State may make such payments to...

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Subject to the other provisions of this Schedule, the chair,...

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(1) The Commission must keep accounts in such form as...

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(1) The Commission is not to be regarded—

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The validity of proceedings of the Commission or the Council...

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(1) The application of the Commission's seal is authenticated by...

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In Schedule 2 to the Parliamentary Commissioner Act 1967 (c....

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(1) In Part 2 of Schedule 1 to the House...

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In Schedule 1 to the Public Records Act 1958 (c....

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In Part 6 of Schedule 1 to the Freedom of...

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(1) The chair, or a deputy or other Commissioner, must...

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(1) A person may resign as the chair, or as...

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(1) The Commission must pay the Commissioners such remuneration and...

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(1) There is to be a body of Commissioners to...

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(1) The chair may appoint a Commissioner not within paragraph...

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(1) Sub-paragraphs (2) and (3) apply to any function conferred...

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(1) Before making or ending an appointment under paragraph 7,...

s.sch002

The Green Belt (London and Home Counties) Act 1938 is...

s.sch002

In section 16 (harbour empowerment orders) after subsection (3) insert—...

s.sch002

The Gas Act 1965 is amended as follows.

s.sch002

In section 4 (storage authorisation orders) after subsection (2) insert—...

s.sch002

In section 5 (control of mining and other operations in...

s.sch002

(1) Section 6 (controlled operations: carrying out of works to...

s.sch002

The Ancient Monuments and Archaeological Areas Act 1979 is amended...

s.sch002

In section 2(1) (offence of executing works affecting scheduled monuments...

s.sch002

In section 28(2) (offence of damaging ancient monuments: exception for...

s.sch002

In section 37 (exemptions from offence under section 35) after...

s.sch002

In section 10 (restriction on erection of buildings) after subsection...

s.sch002

In section 61(1) (interpretation of Act) at the appropriate place...

s.sch002

The Highways Act 1980 is amended as follows.

s.sch002

In section 10 (general provision as to trunk roads) after...

s.sch002

In section 14 (powers as respects roads that cross or...

s.sch002

In section 16 (general provision as to special roads) after...

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In section 18 (supplementary orders relating to special roads) after...

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In section 106 (orders and schemes providing for construction of...

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In section 108 (power to divert navigable watercourses) after subsection...

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In section 110 (power to divert non-navigable watercourses and to...

s.sch002

(1) Section 329(1) (further provision as to interpretation of Act)...

s.sch002

In section 11 (saving for lines, pipes, sewers etc.) after...

s.sch002

For section 337 (saving for obligation to obtain planning permission)...

s.sch002

The Electricity Act 1989 is amended as follows.

s.sch002

(1) Section 36 (consent for construction etc. of generating stations)...

s.sch002

(1) Section 37 (consent for overhead lines) is amended as...

s.sch002

TCPA 1990 is amended as follows.

s.sch002

In section 57 (planning permission required for development) after subsection...

s.sch002

(1) Section 211 (preservation of trees in conservation areas) is...

s.sch002

In section 336(1) (interpretation) at the appropriate place insert— “development...

s.sch002

The Listed Buildings Act is amended as follows.

s.sch002

(1) Section 7 (restriction on works affecting listed buildings) is...

s.sch002

In section 12 (erection of buildings for certain statutory purposes)...

s.sch002

In section 59(3) (offence relating to acts causing or likely...

s.sch002

In section 74 (control of demolition in conservation areas) after...

s.sch002

The Hazardous Substances Act is amended as follows.

s.sch002

In section 9(2)(c) (determination of applications for hazardous substances consent:...

s.sch002

In section 10(1) (conditions on grant of hazardous substances consent)...

s.sch002

(1) Section 12 (deemed hazardous substances consent: government authorisation) is...

s.sch002

In section 14(2)(b) (power to revoke or modify hazardous substances...

s.sch002

In section 39(1) (interpretation) at the appropriate place insert— “development...

s.sch002

The New Roads and Street Works Act 1991 is amended...

s.sch002

In section 6 (toll orders) after subsection (1) insert—

s.sch002

The Pipe-lines Act 1962 is amended as follows.

s.sch002

In section 167(1) of the Water Industry Act 1991 (compulsory...

s.sch002

The Transport and Works Act 1992 is amended as follows....

s.sch002

In section 1 (orders as to railways, tramways etc.) after...

s.sch002

In section 3 (orders as to inland waterways etc.) after...

s.sch002

The Town and Country Planning (Scotland) Act 1997 is amended...

s.sch002

In section 28 (planning permission required for development) after subsection...

s.sch002

In section 160(6) (tree preservation orders: exemptions) after paragraph (b)...

s.sch002

(1) Section 172 (preservation of trees in conservation areas) is...

s.sch002

In section 277(1) (interpretation) at the appropriate place insert— “development...

s.sch002

The Planning (Hazardous Substances) (Scotland) Act 1997 is amended as...

s.sch002

(1) Section 1 (cross-country pipe-lines not to be constructed without...

s.sch002

In section 7(2)(c) (determination of applications for hazardous substances consent:...

s.sch002

In section 8(1) (conditions on grant of hazardous substances consent)...

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(1) Section 10 (deemed hazardous substances consent: government authorisation) is...

s.sch002

In section 12(2)(b) (power to revoke or modify hazardous substances...

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In section 38(1) (interpretation) at the appropriate place insert— “development...

s.sch002

In section 13(5) of the Housing and Regeneration Act 2008...

s.sch002

(1) Section 48 of the Crossrail Act 2008 (application of...

s.sch002

In section 66(1) (general interpretation provisions) in the definition of...

s.sch002

The Harbours Act 1964 is amended as follows.

s.sch002

In section 14 (harbour revision orders) after subsection (1) insert—...

s.sch002a

Introductory

s.sch002a

Development not covered by a national policy statement

s.sch002a

Development at sea

s.sch002a

Interpretation

s.sch002a

Biodiversity gain statement

s.sch002a

(1) A biodiversity gain objective is an objective that the...

s.sch002a

(1) A biodiversity gain statement may specify for the purposes...

s.sch002a

(1) A biodiversity gain statement may specify for the purposes...

s.sch002a

(1) A biodiversity gain statement may specify for the purposes...

s.sch002a

(1) A biodiversity gain statement must set out whether, and...

s.sch002a

A biodiversity gain statement must specify the evidence that persons...

s.sch002a

Development covered by an existing national policy statement

s.sch003

(1) This paragraph applies if— (a) the Secretary of State...

s.sch003

(1) This paragraph applies if— (a) the Secretary of State...

s.sch003

(1) The Lord Chancellor or (if sub-paragraph (2) applies) the...

s.sch003

(1) Sub-paragraph (2) applies if the Secretary of State gives...

s.sch004

(1) This paragraph applies if— (a) the Secretary of State...

s.sch004

(1) If paragraph 1(5)(a) or (b) applies the Secretary of...

s.sch004

(1) If a correction is made in pursuance of paragraph...

s.sch004

In this Schedule— “the applicant” means the person who made...

s.sch005

The acquisition of land, compulsorily or by agreement.

s.sch005

The protection of the property or interests of any person....

s.sch005

The imposition or exclusion of obligations or liability in respect...

s.sch005

Carrying out surveys or taking soil samples.

s.sch005

Cutting down, uprooting, topping or lopping trees or shrubs or...

s.sch005

The removal, disposal or re-siting of apparatus.

s.sch005

Carrying out civil engineering or other works.

s.sch005

The diversion of navigable or non-navigable watercourses.

s.sch005

The stopping up or diversion of highways.

s.sch005

Charging tolls, fares (including penalty fares) and other charges.

s.sch005

The designation of a highway as a trunk road or...

s.sch005

The creation, suspension or extinguishment of, or interference with, interests...

s.sch005

The specification of the classes of traffic authorised to use...

s.sch005

The appropriation of a highway for which the person proposing...

s.sch005

The transfer to the person proposing to construct or improve...

s.sch005

The specification of the highway authority for a highway.

s.sch005

The operation and maintenance of a transport system.

s.sch005

Entering into an agreement for the provision of police services....

s.sch005

The discharge of water into inland waters or underground strata....

s.sch005

Deeming consent under section 34 of the Coast Protection Act...

s.sch005

Deeming any such conditions to have been imposed by the...

s.sch005

Deeming a licence under Part 2 of the Food and...

s.sch005

The abrogation or modification of agreements relating to land.

s.sch005

Deeming any such provisions to have been included in the...

s.sch005

Deeming a marine licence under Part 4 of the Marine...

s.sch005

Deeming any such conditions to have been attached to the...

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The creation of a harbour authority.

s.sch005

Changing the powers and duties of a harbour authority.

s.sch005

The making of byelaws by any person and their enforcement....

s.sch005

(1) The creation of offences within sub-paragraph (2) in connection...

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The transfer of property, rights, liabilities, or functions.

s.sch005

The transfer, leasing, suspension, discontinuance and revival of undertakings.

s.sch005

The payment of contributions.

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The payment of compensation.

s.sch005

The submission of disputes to arbitration.

s.sch005

The alteration of borrowing limits.

s.sch005

(1) This paragraph applies for the purposes of this Schedule....

s.sch005

Carrying out specified excavation, mining, quarrying or boring operations in...

s.sch005

The operation of a generating station.

s.sch005

Keeping electric lines installed above ground.

s.sch005

The use of underground gas storage facilities.

s.sch005

The sale, exchange or appropriation of Green Belt land.

s.sch005

Freeing land from any restriction imposed on it by or...

s.sch006

(1) This paragraph applies for the purposes of this Schedule....

s.sch006

(1) The Secretary of State may make a change to...

s.sch006

(1) The Secretary of State may by order make a...

s.sch006

(1) An application under paragraph 3 must be—

s.sch006

(1) This paragraph applies in relation to the power conferred...

s.sch006

(1) This paragraph applies if— (a) in exercise of the...

s.sch006

(1) In this paragraph “compensation for depreciation” means compensation payable...

s.sch007

TCPA 1990 is amended as follows.

s.sch007

(1) Section 70A (power of local planning authority to decline...

s.sch007

(1) Section 70B (power of local planning authority to decline...

s.sch007

The Listed Buildings Act is amended as follows.

s.sch007

In section 81A (power of local planning authority to decline...

s.sch007

(1) Section 81B (power of local planning authority to decline...

s.sch007

In section 121 of PCPA 2004 (commencement) after subsection (3)...

s.sch008

The Forestry Act 1967 is amended as follows.

s.sch008

In section 202(2) (effect of order made by Secretary of...

s.sch008

In section 206(1) (duty to plant replacement tree)—

s.sch008

In section 207(1) (enforcement of duties to replace trees), in...

s.sch008

(1) Section 210 (penalties for non-compliance with tree preservation order)...

s.sch008

In section 211 (preservation of trees in conservation areas)—

s.sch008

In section 212 (power to disapply section 211) omit subsection...

s.sch008

In section 213(1)(b) (duty to plant replacement tree in conservation...

s.sch008

In section 284(3)(h)(i) (decision relating to an application for consent...

s.sch008

In section 329(3B)(i) (section 329(1)(cc) does not apply to things...

s.sch008

In section 336(1) (interpretation) at the appropriate place insert— “tree...

s.sch008

(1) Section 15 (trees subject to preservation orders under Planning...

s.sch008

(1) Part 1 of Schedule 18 to the Planning and...

s.sch008

In section 18 (felling directions), in subsection (5) for the...

s.sch008

In section 21 (courses open to person adversely affected by...

s.sch008

In section 35 (interpretation of Part 2) at the appropriate...

s.sch008

(1) Schedule 3 (proceedings under Town and Country Planning Acts...

s.sch008

TCPA 1990 is amended as follows.

s.sch008

In section 198(7) (provisions subject to which section has effect),...

s.sch008

In section 200(1) (tree preservation orders do not affect things...

s.sch009

(1) Paragraph 6 of Schedule 28 to the Local Government,...

s.sch009

(1) Section 19 of the New Towns Act 1981 (power...

s.sch009

(1) Paragraph 5 of Schedule 10 to the Housing Act...

s.sch009

(1) Section 237 of TCPA 1990 (power to override easements...

s.sch009

(1) Paragraph 5 of Schedule 20 to the Leasehold Reform,...

s.sch010

TCPA 1990 is amended as follows.

s.sch010

In section 322 (orders as to costs of parties where...

s.sch010

In section 322A (orders as to costs: supplementary) after subsection...

s.sch010

(1) Amend section 323 (procedure on certain appeals and applications)...

s.sch010

(1) Amend section 333 (regulations and orders) as follows.

s.sch010

(1) Amend Schedule 6 (determination of certain appeals by person...

s.sch010

The Listed Buildings Act is amended as follows.

s.sch010

In section 12 (reference of applications to Secretary of State)...

s.sch010

In section 20(4) (right of appeal in case of failure...

s.sch010

(1) Amend section 22 (determination of appeals under section 20)...

s.sch010

In section 40 (supplementary provisions about appeals against listed building...

s.sch010

In section 77 (reference of applications to Secretary of State)...

s.sch010

In section 41(4) (determination of appeals: disapplication of section 40(2))—...

s.sch010

In section 74(3) (application of certain provisions in relation to...

s.sch010

In section 89 (application of certain general provisions of TCPA...

s.sch010

(1) Amend section 93 (regulations and orders) as follows.

s.sch010

(1) Amend Schedule 3 (determination of certain appeals by person...

s.sch010

The Hazardous Substances Act is amended as follows.

s.sch010

In section 20 (reference of applications to Secretary of State)...

s.sch010

In section 21 (appeals against decisions or failure to take...

s.sch010

In section 25(1) (appeals against hazardous substances contravention notices)—

s.sch010

In section 37 (application of certain general provisions of TCPA...

s.sch010

In section 78(5) (appeals against failure to take planning decisions)—...

s.sch010

(1) Amend the Schedule (determination of appeals by person appointed...

s.sch010

In section 79 (determination of appeals under section 78) for...

s.sch010

In section 175 (supplementary provisions about appeals against enforcement notices)...

s.sch010

In section 176(4) (determination of appeals: disapplication of section 175(3))—...

s.sch010

In section 195(5) (appeals against failure to give decision on...

s.sch010

(1) Amend section 196 (further provision as to appeals to...

s.sch010

(1) Amend section 208 (appeals against notices under section 207)...

s.sch011

TCPA 1990 is amended as follows.

s.sch011

In section 78 (appeals against planning decisions and failure to...

s.sch011

In section 195 (appeals against refusal or failure to give...

s.sch011

(1) Section 208 (appeals against notices under section 207) is...

s.sch011

In section 21 of the Listed Buildings Act (appeals: supplementary...

s.sch011

In section 21 of the Hazardous Substances Act (appeals against...

s.sch012

Section 5(10) applies as if the reference to Part 11...

s.sch012

Section 120(6) applies as if the references to an Act...

s.sch012

Section 127(8) applies as if, for the definition of “statutory...

s.sch012

Section 128(5) applies as if— (a) in the definition of...

s.sch012

Section 130 applies as if— (a) in subsection (4), the...

s.sch012

Section 131 applies as if— (a) in subsection (1), for...

s.sch012

Section 132 applies as if— (a) in subsection (1), for...

s.sch012

Section 134 applies as if— (a) for subsection (4) there...

s.sch012

Section 138(4A) applies as if the reference to Part 11...

s.sch012

Section 151 applies as if— (a) for paragraph (c), there...

s.sch012

Section 14 applies as if— (a) in subsection (1)—

s.sch012

Section 152 applies as if— (a) in subsection (4), the...

s.sch012

Section 164 applies as if the references to a justice...

s.sch012

Section 165 applies as if— (a) in subsection (4), the...

s.sch012

Section 170 applies as if— (a) in subsection (3)—

s.sch012

Section 171 applies as if— (a) the references to an...

s.sch012

Section 229(5) applies as if the reference to section 233...

s.sch012

Section 235 applies as if— (a) for the definition of...

s.sch012

Part 1 of Schedule 5 applies as if paragraphs 4...

s.sch012

Section 32 applies as if— (a) in subsection (1)—

s.sch012

Section 33 applies as if— (a) in subsection (1)—

s.sch012

Section 44 applies as if— (a) in subsection (2)(b), the...

s.sch012

Section 52 applies as if— (a) in subsection (2)(c), the...

s.sch012

Section 53 applies as if— (za) in subsection (1A), the...

s.sch012

Section 57 applies as if— (a) in subsection (2)(b), the...

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Section 58 applies as if— (a) for subsection (6) there...

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Section 102B applies as if— (a) in subsection (2)(b), the...

Read the full Act on legislation.gov.uk (opens in a new tab)

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

Planning Inspectorate

Primary

The Planning Inspectorate

Examines applications for Nationally Significant Infrastructure Projects (NSIPs) under the Planning Act 2008, including large offshore wind farms, power stations, and transmission …

National Highways

Government company responsible for operating, maintaining, and improving England's strategic road network (motorways and major A-roads). Sets standards for highway design, construction, …

UK Government

UK Government (Cross-Departmental)

Generic publisher code for cross-departmental government publications that don't map to a specific regulator or department. Used for guidance that spans multiple …

Connected legislation

5 statutory instruments

These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.

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Browse legislation

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Regulators

Learn more about the bodies that enforce this legislation.