PART 3AMENDMENTS TO PRIMARY LEGISLATION CONSEQUENTIAL UPON THE LEVELLING-UP AND REGENERATION ACT 2023
The Town and Country Planning Act 1990
13.—(1) The Town and Country Planning Act 1990(1) is amended as follows.
(2) In section 5 (the Broads), in subsection (1), after “250” insert “, 293B to 293J”.
(3) In section 58 (granting of planning permission: general), in subsection (1), after paragraph (d) insert—
“(e)by the Secretary of State in accordance with the provisions of sections 293B to 293J.”.
(4) In section 59A (development orders: permission in principle), in subsection (13), after “Part” insert “, or under section 293D,”.
(5) In section 88 (planning permission for development in enterprise zones), in subsection (9), omit “made under this Part”.
(6) In section 97 (power to revoke or modify planning permission or permission in principle), in subsection (1)(a), after “Part” insert “or, in relation to England, Part 13”.
(7) In section 99 (procedure for s. 97 orders: unopposed cases), in subsection (8)(a), after “Part VII” insert “or by the Secretary of State under Part 13”.
(8) In section 100ZA (restrictions on power to impose planning conditions in England)—
(a)in subsection (9), after “Part” insert “or Part 13”, and
(b)in subsection (13)(a), after “Part” insert “or Part 13”.
(9) In section 247 (highways affected by development: orders by Secretary of State), in subsection (2A)(a) for “section 293A” substitute “Part 13”.
(10) In section 248 (highways crossing or entering route of proposed new highway, etc.), in subsection (1)(a), after “Part III” insert “or, in relation to England, Part 13”.
(11) In section 253 (procedure in anticipation of planning permission), in subsection (1)(a), omit “under Part III”.
(12) In section 264 (cases in which land is to be treated as not being operational land), in subsection (5)(a) after “Part III” insert “or, in relation to England, Part 13”.
(13) In section 327ZA (planning applications in England: powers as to form and content), in subsection (11), in the definition of “planning application”, for “or 8” substitute “, 8 or 13”.
(14) In Schedule 7A (biodiversity gain in England)—
(a)in Part 1 (overview and interpretation), in paragraph 12(1), in the definition of “planning authority”, after paragraph (c) insert—
“(d)in a case where the planning permission is granted under Part 3 by virtue of section 293H(1), “planning authority” means either—
(i)where a person appointed by the Secretary of State in accordance with section 293I granted the planning permission, such of that person or the local planning authority as that person may determine, or
(ii)where the Secretary of State granted the planning permission in accordance with section 293J, such of the Secretary of State or the local planning authority as the Secretary of State may determine.”, and
(b)in Part 2 (condition of planning permission relating to biodiversity gain), in paragraph 17(a)(ii) for “293A” substitute “293C”.
1990 c. 8. Section 5 was amended by paragraph 9 of Schedule 7 to the Planning and Compensation Act 1991, section 190(3) of the Planning Act 2008 (c. 29), paragraph 3 of Schedule 9 to the Localism Act 2011 (c. 20), paragraph 2 of Schedule 2 to the Growth and Infrastructure Act 2013 (c. 27), paragraph 1(2) of Schedule 9 to the Levelling-up and Regeneration Act 2023 and S.I. 2024/49. Section 58 was amended by paragraph 4 of Schedule 12 to the Localism Act 2011, paragraph 3 of Schedule 1 to the Growth and Infrastructure Act 2013, paragraph 5 of Schedule 4 to the Infrastructure Act 2015, paragraph 2 of Schedule 4 to the Planning (Wales) Act 2015 (anaw 4) and paragraph 1(5) of Schedule 9 to the Levelling-up and Regeneration Act 2023. Section 59A was inserted by section 150(2) of the Housing and Planning Act 2016 (c.22) and subsequently amended by paragraph 2 of Schedule 6 and paragraph 4 of Schedule 8 to the Levelling-up and Regeneration Act 2023. Section 88 was amended by paragraph 12 of Schedule 12 to the Localism Act 2011, paragraph 13 of Schedule 4 to the Infrastructure Act 2015 and paragraph 1(13) of Schedule 9 to the Levelling-up and Regeneration Act 2023. Section 97 was amended by paragraph 4 of Schedule 1 to the Planning and Compensation Act 1991, paragraph 25 of Schedule 12 to the Housing and Planning Act 2016, paragraph 3(11) of Schedule 14 to the Environment Act 2021, and section 114(8) of, and paragraph 8 of Schedule 6 to, the Levelling-up and Regeneration Act 2023. Section 99 was amended by paragraph 12 of Schedule 4 to the Planning (Wales) Act 2015 and paragraph 26 of Schedule 12 to the Housing and Planning Act 2016. Section 100ZA was inserted by section 14(1) of the Neighbourhood Planning Act 2017 (c. 20). Section 247 was amended by paragraph 24(9) of Schedule 6 to the Local Government (Wales) Act 1994 (c. 19), paragraph 3 of Schedule 22 to the Greater London Authority Act 1999 (c. 29), paragraph 104 of Schedule 1 to the Infrastructure Act 2015, paragraph 4 of Schedule 10 to the Levelling-up and Regeneration Act 2023 and S.I. 2006/1281. Section 248(1)(a) was amended by paragraph 105 of Schedule 1 to the Infrastructure Act 2015. Section 253 was amended by paragraph 39(1) of Schedule 9 to the Coal Industry Act 1994 (c. 21), paragraph 32(8) of Schedule 10 to the Environment Act 1995 (c. 25), paragraph 8 of Schedule 22 to the Greater London Authority Act 1999, section 11 of the Growth and Infrastructure Act 2013, paragraph 13 of Schedule 4 to the Planning (Wales) Act 2015 and paragraph 4(16) of Schedule 3 to the Infrastructure (Wales) Act 2024 (asc 3). Section 264 was amended by paragraph 54 of Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60), section 40(2)(k) of the Planning and Compulsory Purchase Act 2004, paragraph 20 of Schedule 12 to the Localism Act 2011, paragraph 18 of Schedule 4 to the Infrastructure Act 2015, paragraph 1(19) of Schedule 9 to the Levelling-up and Regeneration Act 2023, S.I. 2001/4050, 2003/1615 and 2012/1659. Section 327ZA was inserted by section 124(1) of the Levelling-up and Regeneration Act 2023. Schedule 7A was inserted by Part 1 of Schedule 14 to the Environment Act 2021.