Planning Act 2008, Part 3
What this means for your business
- Enforced by
- Planning Inspectorate, National Highways
- Applies to
- United Kingdom
- On this page
- 28 compliance obligations, 5 practical guides
What you must do
28 compliance obligations under this legislation.
Management duties 8
Consider planning guidance when preparing applications
If you are applying for planning permission, you must look at any guidance the Secretary of State has issued about the pre‑application process and make sure your application follows that guidance. Ignoring the guidance could mean your application is rejected or delayed.
Consult local community and publish statement for planning applications
When you apply for planning permission you must produce a statement setting out how you will consult people who live near the site. You first have to send consultation documents to the relevant local authorities and wait up to 28 days for their reply, then make the statement available for public inspection, publish a notice in a local newspaper and follow any prescribed publishing rules. Finally, you must carry out the consultation exactly as described in the statement.
Consult required authorities before submitting planning application
If you are applying for planning permission, you must first consult the appropriate bodies – the Marine Management Organisation where the development could affect designated sea areas, every local authority that applies under the Act, the Greater London Authority if the land is in London, and any other persons listed in the relevant regulations. Doing this before you lodge your application ensures those organisations can weigh in and helps avoid delays or refusals.
Meet planning conditions for rail freight interchange construction or alteration
If you plan to build or change a rail freight interchange, you must make sure the site is in England, is at least 60 ha, can handle goods from multiple consignors and consignees with at least four goods trains a day, is linked to the English railway network, includes warehouses, and is not part of a military site. For alterations you also need to increase the site area by at least 60 ha.
Notify a response deadline (minimum 28 days) for planning consultations
When you send consultation documents under section 42 of the Planning Act, you must tell the recipient the date by which you need their reply. That deadline cannot be set earlier than 28 days after they have received the documents, so you must give them at least four weeks to respond.
Publicise your planning application as required
If you submit a planning application under the Planning Act, you must make the proposal known to the public in the way the regulations require. This usually means placing notices (e.g., in local newspapers or online) and keeping a record of when and where the public can comment. You also have to collect any public responses by the deadline set in the regulations.
Start development within the consent period
When you are granted planning permission (development consent), you must start the work before the time limit set in the order. If you fail to begin on time, the permission (and any power to compulsorily acquire land) automatically lapses, meaning you lose the right to build. The same deadline applies to any compulsory acquisition steps required by the order.
Take account of consultation and publicity responses when finalising your planning application
If you are applying for planning consent, you must look at any feedback you received from people you consulted or who saw your publicity and consider that feedback before you decide whether to keep your application on the same terms as the original proposal. You need to keep a record of the responses you received before the statutory deadlines and show how they influenced your final decision.
Notifications 3
Notify the Secretary of State if you want to speak at an open‑floor hearing
If your business is an interested party in a planning application and you want to be heard at an open‑floor hearing, you must let the Secretary of State know before the deadline set by the examining authority. Failing to do so means you lose the chance to make oral representations at the hearing.
Notify the Secretary of State with required information before consulting
When you are preparing a planning application that must be consulted on by the Secretary of State, you must send them the same information you would have to provide if you were formally required to consult. This has to be done before the consultation process starts under section 42.
Publish and register compulsory acquisition notices
If you are the person who has been given the right to acquire land under a development consent order, you must let the public know about it. This means making the order available for inspection, serving and displaying a compulsory acquisition notice, publishing the notice in local newspapers and registering it as a local land charge.
Other requirements 1
Obtain development consent for nationally significant infrastructure projects
If your business is carrying out any development that is part of a nationally significant infrastructure project (such as major roads, rail, energy or water schemes), you must get development consent under the Planning Act before you start work. You cannot legally proceed with the development until that consent is granted.
Offences and prohibitions 16
Breach terms of a planning consent order
Unlimited fineIf you carry out development or fail to follow any condition attached to a planning permission (the order granting development consent) without a reasonable excuse, you commit a criminal offence. On conviction you can be fined up to £50,000 in the Magistrates' Court, or face an unlimited fine if the case goes to Crown Court. No imprisonment is mentioned in the provision.
Breach terms of development consent order
Unlimited fineIf you carry out development or fail to obey any condition of a development consent order for a nationally significant infrastructure project without a reasonable excuse, you commit a criminal offence. On conviction you face up to a £50,000 fine in the magistrates' court or an unlimited fine if the case is tried in the Crown Court.
Carry out development without planning consent
Unlimited fineIf you start or cause any development that requires a development consent under the Planning Act 2008 but you do not have that consent in place, you are committing an offence. On conviction you can be fined up to £50,000 if the case is dealt with in the magistrates' court, or face an unlimited fine if it goes to the Crown Court. No prison term is attached to this offence.
Carry out development without planning consent
Unlimited fineIf you start building, altering or otherwise developing land when you do not have the required planning permission in place, you commit a criminal offence. On conviction you face a fine – up to £50,000 if the case is dealt with in a magistrates' court, or an unlimited fine if it goes to the Crown Court.
Fail to comply with information notice about land interests
Unlimited fineIf you receive a notice (served under s.52 of the Planning Act 2008) asking you to provide the name and address of anyone who owns, occupies or has an interest in the land, you must supply that information in writing within the deadline (at least 14 days after the notice). Failing to do so, or deliberately giving false information, is a criminal offence. On summary conviction you face an unlimited fine.
Fail to comply with information notice within 21 days
Fine up to £1,000If you receive an information notice under the Planning Act and do not do what it requires within 21 days, you commit a criminal offence. On conviction in the magistrates' court you can be fined up to £1,000.
Fail to comply with land information notice
Unlimited fineIf your business receives a notice under s.52 of the Planning Act 2008 asking you to provide the name and address of anyone who owns, leases, occupies or otherwise has an interest in the land, you must reply within the deadline. Failing to do so without a reasonable excuse, or giving false information, is a criminal offence. A conviction on summary conviction carries an unlimited fine.
Fail to comply with or misrepresent information notice requirements
Unlimited fineIf your business receives an information notice under the Planning Act 2008 and you either do not meet the notice’s requirements within 21 days, or you give a false or misleading statement saying you have complied (knowing it is false or being reckless), you commit a criminal offence. Conviction is dealt with in the Magistrates' Court and can result in a fine – up to £1,000 for the failure‑to‑comply breach and an unlimited fine for the false‑statement breach.
Issue false or misleading compliance certificate
Unlimited fineIf you submit a certificate saying you have complied with the section 56 requirements for a nationally significant infrastructure project when you have not, or you include statements you know are false or are reckless about their truth, you commit a criminal offence. The offence applies whether the false statement is intentional or reckless. On conviction in the magistrates' court you face an unlimited fine.
Issue false or reckless compliance certificate for planning consent
Unlimited fineIf your business submits a certificate claiming you have complied with the planning requirements in section 56, but the statement is false or misleading – either knowingly or recklessly – you commit a criminal offence. On conviction in the magistrates’ court you face an unlimited fine. No prison term is provided for this offence.
Obstruct authorised entry for infrastructure project
Fine up to £1,000If you deliberately block or hinder a person who has been given the legal right to enter your land to carry out work on a nationally significant infrastructure project, you are committing an offence. The offence is tried in the magistrates’ court and carries a maximum fine of £1,000. No prison term is provided for this breach.
Obstruct local authority executing enforcement works
Fine up to £1,000If you deliberately block the local planning authority (or its agents) from carrying out the works required by a notice of unauthorised development, you commit a criminal offence. On conviction you face a fine of up to £1,000, tried in the magistrates' court. The authority can also enter the land, do the works itself and recover the costs from the landowner.
Obstruct local planning authority executing works under an unauthorised development notice
Fine up to £1,000If you, as a landowner or occupier, deliberately prevent the local planning authority from entering your land or carrying out the work required by a notice of unauthorised development, you commit a criminal offence. On a summary conviction you can be fined up to £1,000. The case will be dealt with in the Magistrates' Court.
Wilfully obstruct authorised planning entry
Fine up to £1,000If you deliberately block or refuse entry to a person who has written authority from the Secretary of State to survey land for a development consent or environmental assessment, you commit a criminal offence. On summary conviction in the Magistrates' Court you can be fined up to £1,000. There is no custodial sentence.
Willfully obstruct a planning entry officer
Fine up to £1,000If you deliberately block or interfere with a person who has a legal right to enter your land under the Planning Act (for example, to inspect a development), you commit a criminal offence. On conviction in the magistrates' court you face a fine of up to £1,000. No imprisonment is mentioned.
Willfully obstruct authorised entry for planning surveys
Fine up to £1,000If you deliberately block a person who has been authorised by the Secretary of State from entering your land to carry out surveys for a nationally significant infrastructure project, you commit a criminal offence. Conviction in the magistrates' court can result in a fine of up to £1,000. There is no custodial sentence for this offence.
Penalties for non-compliance
16 penalties under this legislation. 9 carry an unlimited fine.
Breach terms of a planning consent order
Unlimited fine
Breach terms of development consent order
Unlimited fine
Carry out development without planning consent
Unlimited fine
Carry out development without planning consent
Unlimited fine
Fail to comply with information notice about land interests
Unlimited fine
Fail to comply with land information notice
Unlimited fine
Fail to comply with or misrepresent information notice requirements
Unlimited fine
Issue false or misleading compliance certificate
Unlimited fine
Issue false or reckless compliance certificate for planning consent
Unlimited fine
Fail to comply with information notice within 21 days
Fine up to £1,000
Obstruct authorised entry for infrastructure project
Fine up to £1,000
Obstruct local authority executing enforcement works
Fine up to £1,000
Obstruct local planning authority executing works under an unauthorised development notice
Fine up to £1,000
Wilfully obstruct authorised planning entry
Fine up to £1,000
Willfully obstruct a planning entry officer
Fine up to £1,000
Willfully obstruct authorised entry for planning surveys
Fine up to £1,000
Practical guidance
Our guides explain how to comply with the requirements above.
Development Consent Order (DCO)
Offshore wind farms exceeding 100MW and other Nationally Significant Infrastructure Projects (NSIPs) require a Development Consent Order from the Secretary …
Offshore Wind Development Consent Orders (DCO)
Offshore wind projects over 100MW in English territorial waters require a Development Consent Order from the Secretary of State. Understand …
Navigate Section 106 agreements
How to understand, negotiate, and manage Section 106 planning obligations. Covers what can be requested, the three legal tests, viability …
Apply for development consent for major infrastructure
How to apply for a Development Consent Order (DCO) for Nationally Significant Infrastructure Projects. Covers the 6-stage application process, NSIP …
Community Infrastructure Levy explained
What the Community Infrastructure Levy (CIL) is, how it's calculated, when it's payable, and how it differs from Section 106 …
Sections and provisions
273 classified provisions from this legislation.
Duties 36
- s.7 Consultation and publicity the Secretary of State
- s.8 Consultation on publicity requirements
- s.10 Sustainable development
- s.26 Rail freight interchanges The rail freight interchange
- s.31 When development consent is required
- s.39 Register of applications
- s.42 Duty to consult
- s.45 Timetable for consultation under section 42
- s.46 Duty to notify Secretary of State of proposed application The applicant
- s.47 Duty to consult local community response
- s.48 Duty to publicise
- s.49 Duty to take account of responses to consultation and publicity
- s.50 Guidance about pre-application procedure
- s.60 Local impact reports
- s.61 Initial choice of Panel or single appointed person
- s.65 Appointment of members, and lead member, of Panel
- s.69 Replacement of lead member of Panel
- s.79 Appointment of single appointed person
- s.83 Single appointed person to examine and report on application
- s.87 Examining authority to control examination of application
- ... and 16 more duties
Offences and penalties 9
- s.52 Obtaining information about interests in land
- s.53 Rights of entry
- s.58 Certifying compliance with section 56
- s.160 Development without development consent
- s.161 Breach of terms of order granting development consent
- s.165 Rights of entry: supplementary provisions
- s.168 Offences relating to information notices
- s.169 Notice of unauthorised development
- s.170 Execution of works required by notice of unauthorised development
Powers 52
- s.4 Fees
- s.6 Review
- s.6B Extension of consideration period under section 5(4A) or 6(7A)
- s.11 Suspension pending review
- s.14 Nationally significant infrastructure projects: general
- s.33 Effect of requirement for development consent on other consent regimes
- s.35 Directions in relation to projects of national significance
- s.35ZA Directions under sections 35: procedural matters
- s.37 Applications for orders granting development consent
- s.40 Applications by the Crown for orders granting development consent
- s.51 Advice for potential applicants and others
- s.54A Power to provide for fees for certain services in relation to nationally significant infrastructure projects
- s.55 Acceptance of applications
- s.62 Switching from single appointed person to Panel
- s.68 Additional appointments to Panel
- s.76 Allocation within Panel of Panel's functions
- s.77 Exercise of Panel's powers for examining application
- s.80 Ceasing to be the single appointed person
- s.95A Hearings: defence and national security
- s.95 Hearings: disruption, supervision and costs
- ... and 32 more powers
Definitions 47
- Schedule 5 Provision relating to, or to matters ancillary to, development Transport system
- s.5 National policy statements national policy statement sitting day statutory undertakers
- s.6A Interpretation of sections 5(4) and 6(7)
- s.9 Parliamentary requirements the proposal
- s.13 Legal challenges relating to national policy statements
- s.15 Generating stations electricity storage facility exempt electricity storage facility pumped hydroelectric storage facility
- s.17 Underground gas storage facilities Underground gas storage facilities cushion gas
- s.18 LNG facilities LNG facility storage capacity
- s.19 Gas reception facilities Gas reception facility Maximum flow rate
- s.20 Gas transporter pipe-lines
- s.21 Other pipe-lines Diversion
- s.22 Highways local highway works motorway strategic highways company
- s.23 Airports air cargo transport services air passenger transport services air transport movement
- s.24 Harbour facilities cargo ship container ship ro-ro ship
- s.25 Railways Approved operator permitted development network
- s.27 Dams and reservoirs Water undertaker
- s.28 Transfer of water resources river basin water undertaker water undertaker's area
- s.28A Desalination plants Water undertaker
- s.30 Hazardous waste facilities Deep storage facility
- s.30A Radioactive waste geological disposal facilities
- ... and 27 more definitions
Exemptions 27
- s.16 Electric lines
- s.35A Timetable for deciding request for direction under section 35
- s.54 Rights of entry: Crown land
- s.56 Notifying persons of accepted application
- s.73 Consequences of changes in Panel
- s.105 Decisions in cases where no national policy statement has effect
- s.120 What may be included in order granting development consent
- s.126 Compensation for compulsory acquisition
- s.131 Commons, open spaces etc: compulsory acquisition of land
- s.139 Common land and rights of common
- s.144 Highways
- s.151 Liability under existing regimes
- s.166 Rights of entry: Crown land
- s.196 Determination of procedure for certain proceedings
- s.199 Fees for planning applications
- s.200 Fees for appeals
- s.208 Liability
- s.210 Charities
- s.212 Charging schedule: examination
- s.212A Charging schedule: examiner's recommendations
- ... and 7 more exemptions