Levelling-up and Regeneration Act 2023

2023 Chapter 55

An Act to make provision for the setting of levelling-up missions and reporting on progress in delivering them; about local democracy; about town and country planning; about Community Infrastructure Levy; about the imposition of Infrastructure Levy; about environmental outcome reports for certain consents and plans; about nutrient pollution standards; about regeneration; about the compulsory purchase of land; about information and records relating to land, the environment or heritage; about the registration of short-term rental properties; for the provision for pavement licences to be permanent; about governance of the Royal Institution of Chartered Surveyors; about the charging of fees in connection with marine licences; for a body to replace the Health and Safety Executive as the building safety regulator; about the transfer of land for Academy schools; about the review of maps of open country and registered common land; about the regulation of childminding; about qualifying leases under the Building Safety Act 2022; about road user charging schemes in London; about National Parks, areas of outstanding natural beauty and the Broads; and for connected purposes.

[26th October 2023]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1Levelling-up missions

12

References in this Part to the current statement of levelling-up missions are to the statement of levelling-up missions for the time being in effect.

2Statement of levelling-up missions: devolution

ii

ending at the end of the mission period in the statement.

Levelling-up funding

7Levelling Up Fund Round 3

1

Before the end of the period of three months beginning with the day on which this Act is passed, a Minister of the Crown must lay before each House of Parliament a statement on Levelling Up Fund Round 3.

2

A “statement on Levelling Up Fund Round 3” is a statement about the allocation of a third round of funding from the Levelling Up Fund.

3

The “Levelling Up Fund” is the programme run by His Majesty’s Government which is known as the Levelling Up Fund and was announced on 25 November 2020.

General

8Interpretation of Part 1

In this Part—

“current statement of levelling-up missions” has the meaning given by section 1(12);

“devolved authorities” means—

the Scottish Ministers,

the Welsh Ministers, and

the Northern Ireland departments;

“devolved legislatures” means—

the Scottish Parliament,

Senedd Cymru, and

the Northern Ireland Assembly;

“geographical disparities” means geographical disparities in economic, social or other opportunities or outcomes;

“His Majesty’s Government” means His Majesty’s Government in the United Kingdom;

“levelling-up mission” has the meaning given by section 1(2)(a);

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

“mission period” has the meaning given by section 1(2)(a);

“mission progress methodology and metrics” has the meaning given by section 1(2)(b);

“statement of levelling-up missions” has the meaning given by section 1(2).

Part 2Local democracy and devolution

Chapter 1Combined county authorities

CCAs and their areas

9Combined county authorities and their areas

1

The Secretary of State may by regulations establish as a body corporate a combined county authority (a “CCA”) for an area that meets the following conditions.

2

Condition A is that the area is wholly within England and consists of—

a

the whole of the area of a two-tier county council, and

b

the whole of one or more of—

i

the area of a two-tier county council,

ii

the area of a unitary county council, or

iii

the area of a unitary district council.

3

Condition B is that no part of the area forms part of—

a

the area of another CCA,

b

the area of a combined authority, or

c

the integrated transport area of an Integrated Transport Authority.

4

Regulations under subsection (1) must specify the name by which the CCA is to be known.

5

In this Chapter—

“combined authority” means a combined authority established under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009;

“economic prosperity board” means an economic prosperity board established under section 88(1) of that Act;

“Integrated Transport Authority” means an Integrated Transport Authority for an integrated transport area;

“two-tier county council” means a county council whose area includes the areas of district councils;

“unitary county council” means a county council whose area does not include the areas of district councils;

the mayor (in the case of a mayoral CCA),

ii

the CCA’s non-constituent members (see section 11), and

iii

b

a unitary district council for an area within the CCA’s area or proposed area.

11Non-constituent members of a CCA

1

A CCA may designate a body other than a constituent council as a nominating body for the purposes of this Chapter.

2

A nominating body may be designated under subsection (1) only if the body consents to the designation.

3

A nominating body of a CCA may nominate a representative of the body for appointment by the CCA as a member (a “non-constituent member”).

4

The non-constituent members of a CCA are to be non-voting members of that authority unless the voting members resolve otherwise.

5

A resolution under subsection (4) does not permit non-constituent members to vote on a decision whether the CCA should consent to the making of regulations under this Chapter.

12Associate members of a CCA

1

A CCA may appoint an individual to be a member (“an associate member”) of the CCA.

2

The associate members of a CCA are to be non-voting members of the CCA.

13Regulations about members

1

The Secretary of State may by regulations make provision about—

a

constituent members of a CCA;

b

the mayor for the area of a CCA in the mayor’s capacity as a member of the CCA;

c

nominating bodies of a CCA;

d

non-constituent members of a CCA;

e

associate members of a CCA.

2

The provision that may be made by regulations under subsection (1) includes, in particular, provision about—

a

the cases in which a decision of a CCA requires a majority, or a particular kind of majority, of the votes of members of a particular kind;

b

the process for the designation of a nominating body or the removal of such a designation;

c

the number of nominating bodies that may be designated by a CCA;

d

the number of non-constituent members that may be appointed by a nominating body of a CCA;

e

the appointment, disqualification, resignation or removal of a non-constituent member;

f

the appointment of a substitute member to act in place of a non-constituent member;

g

the maximum number of non-constituent members of a CCA;

h

the making by a nominating body of a CCA of payments towards the costs of the CCA;

i

the things which may or may not be done by, or in relation to, a non-constituent member;

j

the appointment, disqualification, resignation or removal of an associate member;

k

the appointment of a substitute member to act in place of an associate member;

l

the maximum number of associate members of a CCA;

m

the things which may or may not be done by, or in relation to, an associate member.

3

Regulations under subsection (1) may confer a discretion on a CCA to determine any matter.

4

In this section “constituent member”, in relation to a CCA, means a member of the CCA (other than any mayor for the area of the CCA) appointed by a constituent council.

the mayor for the area of the CCA, if it is a mayoral CCA (see section 27(8)).

15Overview and scrutiny committees

1

Schedule 1 makes provision for CCAs to have overview and scrutiny committees and audit committees.

2

Provision made by regulations under section 10(1) is subject to that Schedule.

16Funding

1

The Secretary of State may by regulations make provision—

a

for the costs of a CCA to be met by its constituent councils, and

b

about the basis on which the amount payable by each constituent council is to be determined.

2

Regulations under subsection (1) may be made in relation to a CCA only with the consent of—

a

the constituent councils, and

b

in the case of regulations in relation to an existing CCA, the CCA.

3

Subsection (1) is subject to regulations under section 13(1) (CCA membership).

the constituent councils, and

b

in the case of regulations in relation to an existing CCA, the CCA.

as a reference to that document as amended from time to time, or

b

as including a reference to a subsequent document that replaces that document,

the regulations may make express provision to that effect.

8

See also section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) which contains further limitations.

9

In this section—

“function” (except in subsection (4)) does not include a power to make regulations or other instruments of a legislative character;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

“public authority”—

includes a Minister of the Crown or a government department;

does not include a county council or a district council;

“regulated function” means the function of carrying out an activity to which a regulatory function relates;

“regulatory function” has the meaning given by section 32 of the Legislative and Regulatory Reform Act 2006.

20Section 19 regulations: procedure

1

The Secretary of State may make regulations under section 19(1) only if—

a

a proposal for the making of the regulations in relation to the CCA has been made to the Secretary of State—

i

as part of a proposal under section 45, or

ii

in accordance with section 47, or

b

the appropriate consent is given and the Secretary of State considers that the making of the regulations is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area or areas to which the regulations relate.

2

For the purposes of subsection (1)(b), the appropriate consent is given to the making of regulations under section 19(1) only if—

a

in the case of regulations relating to an existing CCA, each appropriate authority consents;

b

in any other case, each constituent council consents.

3

The requirements in subsection (1) do not apply where the regulations are made under sections 19(1) and 30(1) in relation to an existing mayoral CCA and provide for a function—

a

to be a function of the CCA, and

b

21Integrated Transport Authority and Passenger Transport Executive

1

The Secretary of State may by regulations transfer functions of an Integrated Transport Authority (an “ITA”) to a CCA.

2

Regulations under subsection (1) may only be made in relation to functions exercisable by the ITA in relation to an area that becomes, or becomes part of, the CCA’s area by virtue of regulations under this Chapter.

3

The Secretary of State may by regulations provide for any function that is conferred or imposed on a Passenger Transport Executive by any enactment (whenever passed or made) to be exercisable by a CCA or the executive body of a CCA in relation to the CCA’s area.

4

Regulations under subsection (3) may make provision for any function that—

a

is conferred or imposed on an ITA by any enactment (whenever passed or made), and

b

relates to the functions of a Passenger Transport Executive,

to be exercisable by a CCA in relation to the CCA’s area.

5

Regulations under this section may be made in relation to a CCA only with the consent of—

a

the constituent councils, and

b

in the case of regulations in relation to an existing CCA, the CCA.

1

Regulations under section 22(1) may provide that, if an authority exercises any power in contravention of a direction under such regulations, the CCA may take such steps as it considers appropriate to reverse or modify the effect of the exercise of the power.

2

For the purposes of subsection (1), the CCA has power to exercise any power of the authority subject to the direction on behalf of that authority.

3

Any reasonable expenses incurred by the CCA in taking any steps under subsection (1) are recoverable from the authority subject to the direction as a civil debt.

24Designation of key route network roads

6

A mayor for the area of a CCA is by virtue of that office a member of, and the chair of, the CCA.

7

Regulations under subsection (1) providing for there to be a mayor for the area of a CCA may not be revoked by making further regulations under subsection (1); but this does not prevent the making of regulations under section 26(1) abolishing the CCA (together with the office of mayor).

8

In this Chapter “mayoral CCA” means a CCA for an area for which provision is made in regulations under subsection (1) for there to be a mayor.

28Requirements in connection with regulations under section 27

1

in the case of regulations in relation to an existing CCA, the CCA.

the mayor is unable to act or the office of mayor is vacant, and

b

the deputy mayor is unable to act or the office of deputy mayor is vacant,

the other members of the CCA must act together in place of the mayor, taking decisions by a simple majority.

7

In this Chapter “deputy mayor”, in relation to a mayoral CCA, means the person appointed under this section by the mayor for the authority’s area.

8

References in this section to a member of a CCA do not include a non-constituent or associate member.

30Functions of mayors: general

1

The Secretary of State may by regulations make provision for any function of a mayoral CCA to be a function exercisable only by the mayor.

2

In this Chapter references to “general functions”, in relation to a mayor for the area of a CCA, are to any functions exercisable by the mayor other than PCC functions (see section 33(3)).

3

The mayor may arrange—

a

for the deputy mayor to exercise any general function of the mayor,

b

for another member or officer of the CCA to exercise any such function,

c

so far as authorised by regulations made by the Secretary of State—

i

for a person appointed as the deputy mayor for policing and crime by virtue of regulations under paragraph 3(1) of Schedule 3, or

ii

b

b

if the mayor is unable to make that statement, the reasons why the mayor considers the regulations should be made even though not all of the constituent councils agree to them being made.

32Joint exercise of general functions

functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.

In this section “constituent member”, in relation to a CCA, means a member of the CCA appointed by a constituent council (but does not include the mayor for the area of the CCA).

36Section 34 regulations: further provision

1

Regulations under section 34(2) may make provision for the making of a scheme to transfer property, rights and liabilities (including criminal liabilities)—

a

from a fire and rescue authority or the CCA to the chief constable, or

b

from the chief constable to the CCA,

(including provision corresponding to any provision made by section 17(4) to (6) of the Localism Act 2011).

2

A chief constable to whom regulations under section 34(2) apply may appoint staff for the purpose of the exercise of the chief constable’s fire and rescue functions.

3

A chief constable to whom regulations under section 34(2) apply may—

a

pay remuneration, allowances and gratuities to members of the chief constable’s fire and rescue staff;

b

pay pensions to, or in respect of, persons who are or have been such members of staff;

c

pay amounts for or towards the provision of pensions to, or in respect of, persons who are or have been such members of staff.

4

In subsection (3) “allowances”, in relation to a member of staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.

5

Subject to subsections (6) to (8), a person who is employed pursuant to a transfer by virtue of subsection (1) or an appointment under subsection (2) may not at the same time be employed pursuant to an appointment by a chief constable of the police force for a police area under Schedule 2 to the Police Reform and Social Responsibility Act 2011.

6

Where regulations under section 34(2) are in force in relation to the chief constable of the police force for a police area, the person who is for the time being the police force’s chief finance officer is to be responsible for the proper administration of financial affairs relating to the exercise of the chief constable’s fire and rescue functions.

7

Subsection (5) does not prevent a person who is employed as a finance officer for fire functions from being at the same time employed as a finance officer for police functions.

8

In subsection (7)—

“finance officer for fire functions” means a member of a chief constable’s fire and rescue staff who—

is not a chief finance officer of the kind mentioned in subsection (6), and

is employed to carry out duties relating to the proper administration of financial affairs relating to the exercise of the chief constable’s fire and rescue functions;

“finance officer for police functions” means a member of a chief constable’s civilian staff within the meaning of the Police Reform and Social Responsibility Act 2011 who—

is not a chief finance officer of the kind mentioned in subsection (6), and

is employed to carry out duties relating to the proper administration of a police force’s financial affairs.

9

Where regulations under section 34(2) are in force, the CCA to which the regulations apply must pay—

a

any damages or costs awarded against the chief constable to whom the regulations apply in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff;

b

any costs incurred by the chief constable in any such proceedings so far as not recovered by the chief constable in the proceedings;

c

any sum required in connection with the settlement of any claim made against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff, if the settlement is approved by the CCA.

10

Where regulations under section 34(2) are in force, the CCA to which the regulations apply may, in such cases and to such extent as appears to the CCA to be appropriate, pay—

a

any damages or costs awarded against a member of the fire and rescue staff of the chief constable to whom the regulations apply in proceedings for any unlawful conduct of that member of staff;

b

costs incurred and not recovered by such a member of staff in such proceedings;

c

sums required in connection with the settlement of a claim that has or might have given rise to such proceedings.

11

In this section—

“fire and rescue functions” has the same meaning as in section 34;

“fire and rescue staff”, in relation to a chief constable to whom regulations under section 34(2) apply, means—

staff transferred to the chief constable under a scheme made by virtue of subsection (1);

staff appointed by the chief constable under subsection (2).

secure that functions relating to fire and rescue services which are conferred or imposed on the chief constable by or by virtue of any enactment are exercised efficiently and effectively.

5

The mayor must hold the chief constable to account for the exercise of such functions.

38Section 34 regulations: complaints and conduct matters etc

1

If regulations are made under section 34(2) that enable arrangements to be made for the exercise of functions by members of a police force or the civilian staff of a police force, the Secretary of State may by regulations amend Part 2 of the Police Reform Act 2002 (persons serving with the police: complaints and conduct matters etc) in consequence of that provision.

2

If regulations are made under section 34(2) that enable arrangements to be made for the exercise of functions by members of staff transferred to a chief constable under a scheme made by virtue of section 36(1) or appointed by a chief constable under section 36(2), the Secretary of State may by regulations make provision of the type described in subsection (3) in relation to those members of staff.

3

The provision referred to in subsection (2) is—

a

provision corresponding or similar to any provision made by or under Part 2 of the Police Reform Act 2002;

b

provision applying (with or without modifications) any provision made by or under Part 2 of that Act.

4

The Secretary of State may by regulations, in consequence of any provision made under subsection (2), amend Part 2 of the Police Reform Act 2002.

5

Before making regulations under this section the Secretary of State must consult—

a

the Police Advisory Board for England and Wales,

b

the Director General of the Independent Office for Police Conduct,

c

such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

d

such persons as appear to the Secretary of State to represent the views of fire and rescue authorities, and

e

such other persons as the Secretary of State considers appropriate.

39Section 34 regulations: application of fire and rescue provisions

1

The Secretary of State may by regulations—

a

apply (with or without modifications) any provision of a fire and rescue enactment in relation to a person within subsection (2);

b

make, in relation to a person within subsection (2), provision corresponding or similar to any provision of a fire and rescue enactment.

2

Those persons are—

a

a chief constable of a police force for a police area to whom regulations under section 34(2) apply,

b

a member of staff transferred to such a chief constable under a scheme made by virtue of section 36(1),

c

a member of staff appointed by such a chief constable under section 36(2),

d

a member of such a chief constable’s police force by whom functions are exercisable by virtue of section 34(2)(b), and

e

a member of the civilian staff of such a police force (as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011) by whom functions are exercisable by virtue of section 34(2)(b).

3

The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made under a fire and rescue enactment or make provision corresponding or similar to any such provision.

4

The Secretary of State may by regulations amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).

5

In this section “fire and rescue enactment” means an enactment relating to a fire and rescue authority (including, in particular, an enactment relating to an employee of such an authority or property of such an authority).

6

References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.

40Section 34 regulations: application of local policing provisions

references to mayor, mayoral (except in the expression “mayoral CCA”) and deputy mayor are to be construed accordingly.

10

A change of title under this section does not affect the rights or obligations of any person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.

11

Where a mayoral CCA to which section 42 applies does not pass a resolution as required by subsection (1) of that section, the authority is to be treated for the purposes of this section as if, at the meeting mentioned in that subsection, it had passed the resolution mentioned in section 42(1)(a) (providing that the mayor is to be known by the title of mayor).

12

In this section a reference to a member of a CCA does not include a non-constituent member.

13

In this section—

“enactment” has the same meaning as in section 42;

“qualifying election” means an election for the return of the mayor, other than—

the first election for the return of the mayor, and

an election caused by a vacancy in the office of the mayor occurring before expiry of the mayor’s term of office.

44Power to amend list of alternative titles

7

A proposal under this section must specify the purposes to be achieved by the establishment of the CCA.

8

The Secretary of State may by regulations—

a

make further provision about the matters which must be addressed by a proposal under this section;

b

make provision about material which must be included in or submitted with a proposal under this section.

part of the area is separated from the rest of it by one or more local government areas that are not within the area, or

b

a local government area that is not within the area is surrounded by local government areas that are within the area.

5

In deciding whether to make the regulations, the Secretary of State must have regard to the likely effect of the creation of the proposed CCA on the exercise of functions equivalent to those of the proposed CCA’s functions in each local government area that is next to any part of the proposed CCA area.

6

In this Chapter “local government area” means the area of a county council or a district council.

In determining for the purposes of subsection (6) who would have to consent to the making of regulations under section 27, section 28(2)(b) (limited consent requirements) is to be disregarded.

8

A proposal under this section must specify the purposes to be achieved by the regulations which it proposes should be made.

9

The Secretary of State may by regulations—

a

make further provision about the matters which must be addressed by a proposal under this section;

b

make provision about material which must be included in or submitted with a proposal under this section.

1

Section 49(1) does not enable a CCA to do anything which it is unable to do by virtue of a relevant limitation which is expressed to apply—

a

to its power under section 49(1),

b

to all of its powers, or

c

to all of its powers but with exceptions that do not include its power under section 49(1).

2

If exercise of a relevant power of a CCA is subject to restrictions, those restrictions apply also to exercise of the power conferred on it by section 49(1) so far as that power is overlapped by the relevant power.

3

Section 49(1) does not authorise a CCA to borrow money.

4

Section 49(1)(a) to (d) does not authorise a CCA to charge a person for anything done by it otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of CCAs and other best value authorities to charge for discretionary services)).

5

Section 49(1)(e) does not authorise a CCA to do things for a commercial purpose in relation to a person if a statutory provision requires it to do those things in relation to the person.

6

Where under section 49(1)(e) a CCA does things for a commercial purpose, it must do them through—

a

a company within the meaning given by section 1(1) of the Companies Act 2006,

b

a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or

c

a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969.

7

In this section—

“relevant limitation” means a prohibition, restriction or other limitation imposed by a statutory provision;

“relevant power” means a power conferred by a statutory provision;

“statutory provision” means a provision of an Act or of an instrument made under an Act.

51Power to make provision supplemental to section 49

1

The Secretary of State may by regulations make provision preventing CCAs from doing under section 49(1) anything which is specified, or is of a description specified, in the regulations.

2

The Secretary of State may by regulations provide for the exercise by CCAs of power conferred by section 49(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the regulations.

3

The power under subsection (1) or (2) may be exercised in relation to—

a

all CCAs,

b

particular CCAs, or

c

particular descriptions of CCAs.

4

Before making regulations under subsection (1) or (2) the Secretary of State must consult—

a

such representatives of CCAs,

b

such representatives of local government, and

c

such other persons (if any),

as the Secretary of State considers appropriate.

5

Subsection (4) does not apply to regulations under subsection (1) or (2) which are made only for the purpose of amending earlier such regulations—

a

so as to extend the earlier regulations, or any provision of the earlier regulations, to a particular CCA or to CCAs of a particular description, or

b

so that the earlier regulations, or any provision of the earlier regulations, ceases to apply to a particular CCA or to CCAs of a particular description.

52General power of competence

1

The Secretary of State may by regulations provide for Chapter 1 of Part 1 of the Localism Act 2011 (which confers a general power of competence on local authorities) to have effect in relation to a CCA specified in the regulations as it has effect in relation to a local authority.

2

Regulations under subsection (1) may be made only with the consent of the appropriate authorities (as defined by section 28(4)).

3

Where regulations under subsection (1) are contained in the same instrument as regulations made by virtue of section 28(2)(b), a non-consenting constituent council is not to be treated as an appropriate authority for the purposes of subsection (2).

Supplementary

53Incidental etc provision

1

The Secretary of State may by regulations make incidental, consequential, transitional, transitory or supplementary provision for the purposes of, or in consequence of, regulations under this Chapter or for giving full effect to such regulations.

2

Regulations under subsection (1) may not include provision amending or disapplying sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).

for references to the transferor in any agreement (whether written or not), instrument or other document in relation to anything transferred to be treated (so far as necessary for the purposes of or in consequence of the transfer) as references to the transferee.

55Guidance

1

The Secretary of State may give guidance about anything that could be done under or by virtue of this Chapter by an authority to whom this section applies.

2

An authority to whom this section applies must have regard to any guidance given under this section in exercising any function conferred or imposed by or by virtue of this Chapter.

3

Any guidance under this section must be given in writing and may be varied or revoked by further guidance in writing.

4

Any such guidance may make different provision for different cases and different provision for different areas.

5

This section applies to—

a

a county council;

b

a district council;

c

an Integrated Transport Authority;

d

a combined authority;

e

a CCA.

56Consequential amendments

Schedule 4 (combined county authorities: consequential amendments) has effect.

57Interpretation of Chapter

In this Chapter—

“associate member” has the meaning given by section 12(1);

“CCA” has the meaning given by section 9(1);

“combined authority” has the meaning given by section 9(5);

“constituent council” has the meaning given by section 10(11);

“deputy mayor” has the meaning given by section 29(7);

“economic prosperity board” has the meaning given by section 9(5);

“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;

“general functions” has the meaning given by section 30(2);

“Integrated Transport Authority” has the meaning given by section 9(5);

“local government area” has the meaning given by section 46(6);

“mayor”, in relation to the area of a CCA, means the mayor for the area of the CCA by virtue of regulations under section 27(1);

“mayoral CCA” has the meaning given by section 27(8);

“nominating body” means a body designated under section 11(1);

“non-constituent member” has the meaning given by section 11(3);

“PCC functions” has the meaning given by section 33(3);

“two-tier county council” has the meaning given by section 9(5);

“unitary county council” has the meaning given by section 9(5);

“unitary district council” has the meaning given by section 9(5).

Chapter 2Other provision

Combined authorities

58Review of combined authority’s constitutional arrangements

After section 104C of the Local Democracy, Economic Development and Construction Act 2009 (inserted by section 64(8)) insert—

104DReview of combined authority’s constitutional arrangements

1

This section applies if an order under section 104(1) (constitution of combined authority) enables a combined authority to make provision about its constitution (“constitutional provision”).

2

An appropriate person may carry out a review of the combined authority’s constitutional provision if—

a

an appropriate person proposes a review, and

b

the combined authority consents to the review.

3

If an appropriate person carries out a review under subsection (2), they may propose changes to the combined authority’s constitutional provision as a result of the review for agreement by the authority.

4

The question of whether to consent under subsection (2)(b) or to agree to changes proposed under subsection (3) is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.

5

In the case of a mayoral combined authority—

a

a majority in favour of consenting under subsection (2)(b) does not need to include the mayor, but

b

a majority in favour of changes proposed under subsection (3) must include the mayor.

6

The reference in subsection (4) to a voting member—

a

includes a substitute member who may act in place of a voting member;

b

does not include a non-constituent member.

7

Subsection (4) applies instead of—

a

any provision of an order under section 104(1) made before the coming into force of this section which is about the procedure applying to a decision on a question of a kind mentioned in subsection (4), and

b

any constitutional provision of a combined authority about such procedure.

8

In this section “appropriate person”, in relation to a combined authority, means—

a

a member of the authority appointed by a county council the whole or any part of whose area is within the area of the authority,

b

a member of the authority appointed by a district council whose area is within the area of the authority, or

c

the mayor for the area of the authority (if it is a mayoral combined authority).

59Consent to changes to combined authority’s area

1

The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

2

In section 104 (constitution of combined authority), after subsection (11) insert—

11A

If the only provision made under this section in an order under this Part is provision as a result of an order under section 106 (changes to boundaries of combined authority’s area)—

a

subsection (10) does not apply to the order under this Part, and

b

subsections (3A) to (3H) of section 106 apply in relation to the order as if it contained the provision made by the order under section 106.

3

Section 106 (changes to boundaries of combined authority’s area) is amended in accordance with subsections (4) to (9).

4

For subsection (3A) substitute—

3A

An order under this section adding or removing a local government area to or from an existing area of a mayoral combined authority may be made only if—

a

the relevant council in relation to the local government area consents, and

b

the mayor for the area of the combined authority consents.

3AA

An order under this section adding or removing a local government area to or from an existing area of a combined authority which is not a mayoral combined authority may be made only if—

a

the relevant council in relation to the local government area consents, and

b

the combined authority consents.

5

In subsection (3B), for “subsection (3A)(a)” substitute “subsections (3A)(a) and (3AA)(a)”.

6

In subsection (3C), after “subsection (3A)(a)” insert “or (3AA)(a)”.

7

After subsection (3C) insert—

3CA

The question of whether to consent under subsection (3AA)(b) to an order under this section is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.

3CB

Subsection (3CA) applies instead of—

a

any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and

b

any provision made by a combined authority about its constitution under such an order about such procedure.

8

For subsection (3D) substitute—

3D

Where an order under subsection (1)(b) is made as a result of the duty in section 105B(5) or 107B(4)—

a

subsection (2) does not apply, and

b

neither subsection (3A) nor subsection (3AA) applies.

9

After subsection (3D) insert—

3E

Subsection (3F) applies if a combined authority has made provision about its constitution under an order under section 104(1).

3F

A decision about any change to that provision as a result of an order under this section is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.

3G

Subsection (3F) applies instead of—

a

any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and

b

any provision made by a combined authority about its constitution under such an order about such procedure.

3H

A reference in this section to a voting member—

a

includes a substitute member who may act in place of a voting member;

b

does not include a non-constituent member.

60Changes to mayoral combined authority’s area: additional requirements

1

An order under section 106 of the Local Democracy, Economic Development and Construction Act 2009 which adds a local government area to an existing area of a mayoral combined authority may only be made during the relevant period if the consultation requirements in subsection (2) are met.

2

The consultation requirements are as follows—

a

the Secretary of State has consulted the Local Government Boundary Commission for England,

b

the mayor for the area of the combined authority has consulted the residents of the local government area which is to be added to that area, and

c

the mayor has given the Secretary of State a report providing information about the consultation carried out under paragraph (b), and the Secretary of State has laid the report before Parliament.

3

In this section, “the relevant period” means the period of 9 months beginning with the day on which this Act is passed.

61Consent to conferral of general functions on mayor

1

The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

2

In section 104 (constitution of combined authority), after subsection (11A) (inserted by section 59(2)) insert—

11B

If the only provision made under this section in an order under this Part is provision as a result of an order to which section 107DA (procedure for direct conferral of general functions on mayor) applies—

a

subsection (10) does not apply to the order under this Part, and

b

the order may be made only with the consent of the mayor for the combined authority.

3

In section 105B (section 105A orders: procedure), after subsection (5) insert—

5A

The requirements in subsection (1) do not apply where the order is made under sections 105A and 107D in relation to an existing mayoral combined authority and provides for a function—

a

to be a function of the combined authority, and

b

to be a function exercisable only by the mayor.

See section 107DA in relation to an order of this kind.

4

In section 107D (functions of mayors: general), after subsection (10) insert—

11

The requirement in subsection (9) does not apply where the order is made under section 105A and this section in relation to an existing mayoral combined authority and provides for a function—

a

to be a function of the combined authority, and

b

to be a function exercisable only by the mayor.

See section 107DA in relation to an order of this kind.

5

After section 107D insert—

107DAProcedure for direct conferral of general functions on mayor

1

This section applies in relation to an order which is made under sections 105A and 107D in relation to an existing mayoral combined authority and provides for a function—

a

to be a function of the combined authority, and

b

to be a function exercisable only by the mayor.

2

The Secretary of State may make the order only if a request for the making of the order has been made to the Secretary of State by the mayor.

3

Before submitting a request under this section, the mayor must consult the constituent councils.

4

A request under this section must contain—

a

a statement by the mayor that all of the constituent councils agree to the making of the order, or

b

if the mayor is unable to make that statement, the reasons why the mayor considers the order should be made even though not all of the constituent councils agree to it being made.

5

In this section “constituent council” means—

a

a county council the whole or any part of whose area is within the area of the combined authority, or

b

a district council whose area is within the area of the combined authority.

62Consent to conferral of police and crime commissioner functions on mayor

1

Section 107F of the Local Democracy, Economic Development and Construction Act 2009 (functions of mayors: policing) is amended as follows.

2

For subsection (4) substitute—

4

An order under subsection (1) may be made in relation to an existing mayoral combined authority only with the consent of the mayor of the authority.

3

Omit subsection (9).

63Functions in respect of key route network roads

1

The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

2

In section 104, in subsection (10), for “An” substitute “Except as provided for by section 107ZA(7), an”.

3

In section 107D, in subsection (9), for “An” substitute “Except as provided for by section 107ZA(7), an”.

4

After section 107 insert—

Combined authorities: key route network roads

107ZADesignation of key route network roads

1

A combined authority may designate a highway or proposed highway in its area as a key route network road, or remove its designation as a key route network road, with the consent of—

a

each constituent council in whose area the highway or proposed highway is, and

b

in the case of a mayoral combined authority, the mayor.

2

The Secretary of State may designate a highway or proposed highway in the area of a combined authority as a key route network road, or remove its designation as a key route network road, if requested to do so by—

a

the combined authority,

b

the mayor (if any) of the combined authority, or

c

a constituent council.

3

A designation or removal under this section must be in writing and must state when it comes into effect.

4

The Secretary of State must send a copy of a designation or removal under subsection (2) to the combined authority in question at least 7 days before the date on which it comes into effect.

5

A combined authority must publish each designation or removal under this section of a key route network road within its area before the date on which it comes into effect.

6

A combined authority that has key route network roads in its area must keep a list or map (or both) accessible to the public showing those roads.

7

The requirements in section 104(10) and section 107D(9)(a) do not apply to provision under section 104(1)(d) and section 107D(1) contained in the same instrument so far as that provision—

a

confers a power of direction on an existing mayoral combined authority regarding the exercise of an eligible power in respect of key route network roads in the area of that combined authority,

b

provides for that power of direction to be exercisable only by the mayor of the combined authority, and

c

is made with the consent of the mayor after the mayor has consulted the constituent councils.

8

When a mayor consents under subsection (7)(c), the mayor must give the Secretary of State—

a

a statement by the mayor that all of the constituent councils agree to the making of the order, or

b

if the mayor is unable to make that statement, the reasons why the mayor considers the order should be made even though not all of the constituent councils agree to it being made.

9

In this section—

“constituent council” has the meaning given in section 104(11);

“eligible power” has the meaning given by section 88(2) of the Local Transport Act 2008;

“key route network road” means a highway or proposed highway designated for the time being under this section as a key route network road;

“proposed highway” means land on which, in accordance with plans made by a highway authority, that authority are for the time being constructing or intending to construct a highway shown in the plans.

64Membership of combined authority

1

The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

2

Section 104 (constitution of combined authority) is amended in accordance with subsections (3) to (7).

3

In subsection (2), for “85” substitute “85(1) to (3)”.

4

For subsection (2A) substitute—

2A

But—

a

section 84 of that Act, in its application to a combined authority by virtue of subsection (1)(a), is subject to—

i

sections 104A and 104B and regulations under section 104C (combined authority membership), and

ii

sections 104D(4) and 106(3CA) and (3F) (procedure for combined authority consents), and

b

section 85(1) of that Act, in its application to a combined authority by virtue of subsection (2), is subject to subsections (2AA) and (2B).

5

After subsection (2A) insert—

2AA

Section 85(1)(a) has effect as if it required an order which includes provision about the number and appointment of members of a combined authority to provide for the authority’s members, other than—

a

the mayor (in the case of a mayoral combined authority),

b

the authority’s non-constituent members (see section 104A), and

c

the authority’s associate members (see section 104B),

to be appointed by the authority’s constituent councils.

6

Omit subsection (2C).

7

In subsection (11), for “subsection (10)” substitute “this section”.

8

After section 104 insert—

104ANon-constituent members of a combined authority

1

A combined authority may designate a body other than a constituent council as a nominating body for the purposes of this Part.

2

A body may be designated under subsection (1) only if the body consents to the designation.

3

A nominating body of a combined authority may nominate a representative of the body for appointment by the authority as a member (a “non-constituent member”).

4

The non-constituent members of a combined authority are to be non-voting members of that authority unless the voting members resolve otherwise.

5

A resolution under subsection (4) does not permit non-constituent members to vote on a decision whether the combined authority should consent to the making of an order under this Part.

6

This section is subject to regulations under section 104C(4) (disapplication of this section).

7

In this section “constituent council”, in relation to a combined authority, means—

a

a county council the whole or any part of whose area is within the area of the authority, or

b

a district council whose area is within the area of the authority.

104BAssociate members of a combined authority

1

A combined authority may appoint an individual to be a member (“an associate member”) of the combined authority.

2

The associate members of a combined authority are to be non-voting members of the authority.

3

This section is subject to regulations under section 104C(4) (disapplication of this section).

104CRegulations about members

1

The Secretary of State may by regulations make provision about—

a

constituent members of a combined authority;

b

the mayor for the area of a combined authority in the mayor’s capacity as a member of the authority;

c

nominating bodies of a combined authority;

d

non-constituent members of a combined authority;

e

associate members of a combined authority.

2

The provision that may be made by regulations under subsection (1) includes, in particular, provision about—

a

the cases in which a decision of a combined authority requires a majority, or a particular kind of majority, of the votes of members of a particular kind;

b

the process for the designation of a nominating body or the removal of such a designation;

c

the number of nominating bodies that may be designated by a combined authority;

d

the number of non-constituent members that may be appointed by a combined authority;

e

the appointment, disqualification, resignation or removal of a non-constituent member;

f

the appointment of a substitute member to act in place of a non-constituent member;

g

the maximum number of non-constituent members of a combined authority;

h

the making by a nominating body of a combined authority of payments towards the costs of the authority;

i

the things which may or may not be done by, or in relation to, a non-constituent member;

j

the appointment, disqualification, resignation or removal of an associate member;

k

the appointment of a substitute member to act in place of an associate member;

l

the maximum number of associate members of a combined authority;

m

the things which may or may not be done by, or in relation to, an associate member.

3

Regulations under subsection (1) may confer a discretion on a combined authority to determine any matter.

4

The Secretary of State may by regulations provide, in relation to a combined authority established by an order which came into force before the coming into force of this section—

a

for the relevant provisions about membership not to apply in relation to the authority, or

b

for the authority to determine whether the relevant provisions about membership are to apply in relation to the authority.

5

In subsection (4) “the relevant provisions about membership” means—

a

the amendments to section 104 made by section 64(2) to (7) of the Levelling-up and Regeneration Act 2023, and

b

sections 104A and 104B.

6

Regulations under subsection (1) or (4) may make incidental, supplementary, consequential, transitional, transitory or saving provision.

7

In this section “constituent member”, in relation to a combined authority, means a member of the authority (other than any mayor for the area of the authority) appointed by—

a

a county council the whole or any part of whose area is within the area of the authority, or

b

a district council whose area is within the area of the authority.

9

In section 105 (constitution of combined authority), after subsection (3) insert—

3ZA

But section 92, in its application to a combined authority by virtue of subsection (3), is subject to regulations under section 104C(1) (combined authority membership).

10

In section 107C (deputy mayors etc), after subsection (6) insert—

6A

References in this section to a member of a combined authority do not include a non-constituent or associate member.

11

In section 107D (functions of mayors: general)—

a

after subsection (3) insert—

3A

The reference in subsection (3)(b) to a member of a combined authority does not include a non-constituent or associate member.

b

after subsection (4) insert—

4A

An order under subsection (3)(c) must provide that the committee must not consist solely of non-constituent or associate members.

12

In section 107G (mayors for combined authority areas: financial provision), after subsection (6) insert—

6A

The reference in subsection (6)(b)(i) to a member of a combined authority does not include a non-constituent or associate member.

13

In section 120 (interpretation), at the appropriate places insert—

“associate member” has the meaning given by section 104B(1);”,

“nominating body” means a body designated under section 104A(1);

“non-constituent member” has the meaning given by section 104A(3);

65Proposal for establishment of combined authority

1

The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (8).

2

Omit sections 108 (review by authorities: new combined authority) and 109 (preparation and publication of scheme: new combined authority).

3

Before section 110 insert—

109AProposal for new combined authority

1

One or more authorities to which this section applies may—

a

prepare a proposal for the establishment of a combined authority for an area, and

b

submit the proposal to the Secretary of State.

2

This section applies to the following authorities—

a

a county council the whole or any part of whose area is within the proposed area;

b

a district council whose area is within the proposed area;

c

an EPB the whole or any part of whose area is within the proposed area;

d

an ITA the whole or any part of whose area is within the proposed area;

e

a combined county authority the whole or any part of whose area is within the proposed area.

3

In this section—

“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

“the proposed area” means the area for which the combined authority is proposed to be established.

4

Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must—

a

carry out a public consultation across the proposed area on the proposal, and

b

have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.

5

The requirements in subsection (4) may be satisfied by things done before the coming into force of this section.

6

If a proposal under this section is not submitted by all of the authorities to which this section applies, each authority which does not submit the proposal must consent to its submission to the Secretary of State.

7

A proposal under this section must specify the purposes to be achieved by the establishment of the combined authority.

8

The Secretary of State may by regulations—

a

make further provision about the matters which must be addressed by a proposal under this section;

b

make provision about material which must be included in or submitted with a proposal under this section.

9

Regulations under subsection (8) may make incidental, supplementary, consequential, transitional, transitory or saving provision.

4

Section 110 (requirements in connection with establishment of combined authority) is amended in accordance with subsections (5) to (8).

5

In subsection (1), for paragraph (a) substitute—

a

the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area,

aa

the Secretary of State considers that to do so is appropriate having regard to the need—

i

to secure effective and convenient local government, and

ii

to reflect the identities and interests of local communities,

ab

where a proposal for the establishment of the combined authority has been submitted under section 109A, the Secretary of State considers that its establishment will achieve the purposes specified under subsection (7) of that section,

6

For subsection (1A) substitute—

1A

If a proposal for the establishment of the combined authority has been submitted under section 109A, the Secretary of State must have regard to the proposal in making the order.

7

In subsection (2), for paragraphs (a) and (b) (and the “and” at the end of paragraph (b)) substitute—

a

a proposal has been prepared under section 109A,

b

a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses, and

8

Omit subsection (4).

9

This section does not affect—

a

the operation of section 108 of the Local Democracy, Economic Development and Construction Act 2009 in relation to a review that began before this section came into force, or

b

the operation of section 109 of that Act in relation to the preparation and publication of a scheme following such a review.

10

The amendments made by subsections (5) to (8) do not apply to section 110 of that Act as it has effect in relation to—

a

the making of an order in response to a scheme under section 109 of that Act, or

b

the making of an order otherwise than in response to a scheme, where a draft of the statutory instrument containing the order was laid before Parliament before the coming into force of this section.

66Proposal for changes to existing combined arrangements

1

The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (9).

2

Omit sections 111 (review by authorities: existing combined authority) and 112 (preparation and publication of scheme: existing combined authority).

3

Before section 113 insert—

112AProposal for changes to existing combined arrangements

1

One or more authorities to which this section applies may—

a

prepare a proposal for the making of an order under section 104, 105, 105A, 106, 107, 107A, 107D or 107F in relation to an existing combined authority, and

b

submit the proposal to the Secretary of State.

2

This section applies to the following authorities—

a

the combined authority;

b

a county council the whole or any part of whose area is within the area of the combined authority;

c

a district council whose area is within the area of the combined authority;

d

in the case of a proposal for the making of an order under section 106 to add all or part of the area of a county council to the area of the combined authority, that county council;

e

in the case of a proposal for the making of an order under section 106 to add the area of a district council to the area of the combined authority, that district council.

3

Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must—

a

carry out a public consultation across—

i

the area of the combined authority, and

ii

in the case of a proposal for the making of an order under section 106 to add a local government area to the area of the combined authority, that local government area, and

b

have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.

4

The requirements in subsection (3) may be satisfied by things done before the coming into force of this section.

5

Before a proposal under this section for the making of an order is submitted to the Secretary of State, each person who would have to consent to the making of the order must consent to the submission of the proposal.

6

If a proposal under this section is submitted to the Secretary of State by an authority, the authority is to be treated as having consented to its submission for the purposes of subsection (5).

7

In determining for the purposes of subsection (5) who would have to consent to the making of an order under section 105A, subsections (3) and (4) of section 105B (limited consent requirements) are to be disregarded.

8

In determining for the purposes of subsection (5) who would have to consent to the making of an order under section 107A, section 107B(3)(b) (limited consent requirements) is to be disregarded.

9

A proposal under this section must specify the purposes to be achieved by the order which it proposes should be made.

10

The Secretary of State may by regulations—

a

make further provision about the matters which must be addressed by a proposal under this section;

b

make provision about material which must be included in or submitted with a proposal under this section.

11

Regulations under subsection (10) may make incidental, supplementary, consequential, transitional, transitory or saving provision.

4

Section 113 (requirements in connection with changes to existing combined arrangements) is amended in accordance with subsections (5) to (9).

5

In subsection (1), for “106 or 107” substitute “105A, 106, 107, 107A, 107D or 107F”.

6

In subsection (1), for paragraph (a) (and the “and” at the end of that paragraph) substitute—

a

the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area,

aa

the Secretary of State considers that to do so is appropriate having regard to the need—

i

to secure effective and convenient local government, and

ii

to reflect the identities and interests of local communities,

ab

where a proposal for the making of the order has been submitted under section 112A, the Secretary of State considers that making the order will achieve the purposes specified under subsection (9) of that section, and

7

For subsection (1A) substitute—

1A

If a proposal for the making of the order has been submitted under section 112A, the Secretary of State must have regard to the proposal in making the order.

8

In subsection (2), for paragraphs (a) and (b) (and the “and” at the end of paragraph (b)) substitute—

a

a proposal has been prepared under section 112A,

b

a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses, and

9

Omit subsection (3).

10

This section does not affect—

a

the operation of section 111 of the Local Democracy, Economic Development and Construction Act 2009 in relation to a review that began before this section came into force, or

b

—

a

as part of a proposal under section 109A, or

b

in accordance with section 112A,

b

omit subsection (2).

4

The amendments made by this section do not affect the operation of section 105B or 107B of the Local Democracy, Economic Development and Construction Act 2009 in relation to a proposal under that section made before the coming into force of this section.

68Regulations applying to combined authorities

1

Section 117 of the Local Democracy, Economic Development and Construction Act 2009 (orders under Part 6) is amended as follows.

2

In the heading, after “Orders” insert “and regulations”.

3

In subsection (1), after “Orders” insert “and regulations”.

4

In subsection (1A), after “An order” insert “or regulations”.

5

After subsection (3) insert—

3A

A statutory instrument that contains (whether alone or with any other provisions) regulations under section 104C(1), 104C(4), or 107K(1) may not be made unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

3B

A statutory instrument that—

a

contains regulations under section 109A(8) or 112A(10), and

b

is not by virtue of subsection (3A) subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

is subject to annulment by resolution of either House of Parliament.

6

In subsection (4), after “Part” insert “or of regulations under section 104C(1) or (4)”.

69Combined authorities and combined county authorities: power to borrow

In section 23 of the Local Government Act 2003 (meaning of “local authority” for the purposes of Part 1), after subsection (10) insert—

10A

If a draft of a statutory instrument containing regulations under subsection (5) or (8A) would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

70Payment of allowances to committee members

1

In Schedule 5A to the Local Democracy, Economic Development and Construction Act 2009 (combined authorities: overview and scrutiny committees and audit committees)—

a

in paragraph 3(2) (power by order to make further provision about overview and scrutiny committees), after paragraph (a) insert—

aa

about the payment of allowances to members of such a committee who are members of a constituent council;

b

in paragraph 4(3) (power by order to make further provision about audit committees), after paragraph (b) insert—

c

the payment of allowances to members of the committee who are members of a constituent council (within the meaning of paragraph 3).

2

In Schedule 5C to that Act (mayors for combined authority areas: police and crime commissioner functions), after paragraph 5 insert—

5A

The Secretary of State may by order make provision about the payment of allowances to members of a police and crime panel established by virtue of an order under paragraph 4 who are members of a constituent council (within the meaning of paragraph 3 of Schedule 5A).

Local authority governance

71Timing for changes in governance arrangements

1

The Local Government Act 2000 is amended as follows.

2

In section 9KC (resolution of local authority)—

a

in subsection (4)—

i

the words from “Resolution B is approved” to the end of the subsection become paragraph (a), and

ii

at the end of that paragraph insert

, or

b

subsection (4A) applies and Resolution B is passed in accordance with subsection (4E).

b

after subsection (4) insert—

4A

This subsection applies where Resolution B—

a

makes a change in governance arrangements—

i

under section 9K for the local authority to start to operate executive arrangements, or

ii

under section 9KA for the local authority to vary its executive arrangements so that they provide for a mayor and cabinet executive, and

b

has not been approved in a referendum held in accordance with this Chapter.

4B

Where subsection (4A) applies, the local authority may submit a proposal to the Secretary of State for consent to pass Resolution B before the end of the period of 5 years beginning with the date Resolution A is passed.

4C

A proposal must specify—

a

the change in governance arrangements to be made by Resolution B, and

b

how the change is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.

4D

The Secretary of State may consent to a proposal only if the Secretary of State considers that the change in governance arrangements is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.

4E

If the Secretary of State consents to a proposal, the local authority may pass Resolution B—

a

before the end of the 5 year period beginning with the date Resolution A is passed, but

b

not later than the end of the 3 year period beginning with the date consent is given.

4F

The Secretary of State may by regulations make further provision about—

a

the matters which must be addressed by a proposal under this section, and

b

how a proposal is to be considered by the Secretary of State.

3

In section 9MF (further provision with respect to referendums)—

a

in subsection (1)—

i

the words from “subsection (2)” to the end of the subsection become paragraph (a), and

ii

at the end of that paragraph insert

, or

b

subsection (3A) applies and Referendum B is held in accordance with subsection (3E).

b

after subsection (3) insert—

3A

This subsection applies if Referendum B is held under section 9M to approve a change in governance arrangements—

a

under section 9K for the local authority to start to operate executive arrangements, or

b

under section 9KA for the local authority to vary its executive arrangements so that they provide for a mayor and cabinet executive.

3B

Where subsection (3A) applies, the local authority may submit a proposal to the Secretary of State for consent to hold Referendum B within the period of 10 years beginning with the date of Referendum A.

3C

A proposal must specify—

a

the change in governance arrangements that is subject to approval in Referendum B, and

b

how the change is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.

3D

The Secretary of State may consent to a proposal only if the Secretary of State considers that the change in governance arrangements is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.

3E

If the Secretary of State consents to a proposal, the local authority may hold Referendum B—

a

within the 10 year period beginning with the date of Referendum A, but

b

not later than the end of the 3 year period beginning with the date consent is given.

3F

The Secretary of State may by regulations make further provision about—

a

the matters which must be addressed by a proposal under this section, and

b

how a proposal is to be considered by the Secretary of State.

72Transfer of functions: changes in governance arrangements

1

The Local Government Act 2000 is amended in accordance with subsections (2) to (5).

2

In section 9KC (resolution of local authority), after subsection (5) insert—

6

See sections 9NC and 9ND (transfer of functions: changes in governance arrangements) for further provision about when a resolution under this section may be passed.

3

In section 9MB (requirement to hold and give effect to referendum)—

a

in subsection (4)—

i

the words from “within the period” to the end of the subsection become paragraph (a), and

ii

at the end of that paragraph insert

, or

b

where paragraph (b) of section 9ND(7) (transfer of functions: changes in governance arrangements) applies, within the period of 28 days beginning with the day when the regulations mentioned in that subsection are amended or revoked.

b

after subsection (5) insert—

6

See section 9ND for further provision about referendums under section 9M.

4

In section 9MF (further provision with respect to referendums), after subsection (6) insert—

7

See section 9ND (transfer of functions: changes in governance arrangements) for further provision about referendums under section 9MC.

5

After section 9NB insert—

Transfer of functions: changes in governance arrangements

9NCTransfer of functions: changes in governance arrangements not subject to a referendum

1

This section applies where—

a

the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority,

b

the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and

c

that change is not—

i

subject to approval in a referendum under section 9M, or

ii

required to be implemented by the local authority in accordance with section 9MF(4) (referendums under sections 9MC to 9ME).

2

The local authority may not pass the resolution unless the local authority complies with this section.

3

The local authority must notify the Secretary of State of the proposed change in governance arrangements.

4

Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016).

5

The Secretary of State must notify the local authority of the decision under subsection (4).

6

If the Secretary of State considers that the regulations should be amended or revoked, the local authority may not pass the resolution until the regulations have been so amended or revoked.

7

If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may pass the resolution.

8

In this section—

“function” has the same meaning as in section 16 of the Cities and Local Government Devolution Act 2016;

“relevant change in governance arrangements” means—

a

a change under section 9K for the local authority to cease to operate executive arrangements, or

b

a change under section 9KA for the local authority to vary its executive arrangements so that they provide for a leader and cabinet executive.

9

This section is subject to section 9KC(3) and (4) (timing of change in governance arrangements).

9NDTransfer of functions: changes in governance arrangements subject to a referendum

1

This section applies where—

a

the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority,

b

the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and

c

that change is subject to approval in a referendum under section 9M.

2

This section also applies where—

a

the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 that provide for a function to be exercisable by a local authority, and

b

the local authority is required by regulations under section 9MC (referendum following petition) to hold a referendum on whether the authority should make a relevant change in governance arrangements.

3

The local authority may not—

a

hold the referendum mentioned in subsection (1)(c) or (2)(b), or

b

pass a resolution which makes the proposed change in governance arrangements,

unless the local authority complies with this section.

4

The local authority must notify the Secretary of State of the proposed change in governance arrangements.

5

Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) or (2)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016).

6

The Secretary of State must notify the local authority of the decision under subsection (5).

7

If the Secretary of State considers that the regulations should be amended or revoked—

a

the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b), but

b

if the result of the referendum is to approve the proposals, the local authority may not pass a resolution which makes the proposed change in governance arrangements until the regulations have been so amended or revoked.

8

If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b) and (if the result of the referendum is to approve the proposals) pass the resolution.

9

In this section “function” and “relevant change in governance arrangements” have the same meaning as in section 9NC.

10

This section is subject to sections 9KC(3) and (4), 9MB and 9MF (timing of change in governance arrangements etc).

6

In section 17 of the Cities and Local Government Devolution Act 2016 (section 16: procedure etc)—

a

in subsection (1)—

i

omit the “and” at the end of paragraph (a), and

ii

after paragraph (b) insert

, and

c

where subsection (4A) applies to the regulations, the Secretary of State has had regard to the matters in subsection (4B).

b

after subsection (4) insert—

4A

This subsection applies to regulations under section 16 that—

a

revoke or otherwise amend previous regulations under that section, and

b

are made in response to a notification from a local authority under section 9NC(3) or 9ND(4) of the Local Government Act 2000 (transfer of functions: changes in governance arrangements) of a proposed change in governance arrangements.

4B

The matters mentioned in subsection (1)(c) are—

a

the circumstances of the area of the local authority, and

b

the likely impact of the change in governance arrangements on—

i

the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority, and

ii

the accountability and decision-making of the local authority.

73Power to transfer etc public authority functions to certain local authorities

In section 17 of the Cities and Local Government Devolution Act 2016 (procedure for making regulations under section 16)—

a

in subsection (1)(b), for “the exercise of statutory functions” substitute “the economic, social and environmental well-being of some or all of the people who live or work”, and

b

before subsection (5) insert—

4C

The requirement in subsection (1)(b) does not apply to the making of regulations under section 16 where subsection (4A) applies to those regulations.

Police and crime commissioners and the Mayor’s Office for Policing and Crime

74Participation of police and crime commissioners at certain local authority committees

In section 102(9) of the Local Government Act 1972 (appointment of committees), for “to which the commissioner is appointed in accordance with this section”, substitute “described in subsection (6)”.

75Disposal of land

In section 123 of the Local Government Act 1972 (disposal of land by principal councils), after subsection (2B) insert—

2C

Police and crime commissioners and the Mayor’s Office for Policing and Crime are to be treated as principal councils for the purposes of this section.

Alternative mayoral titles

76Combined authorities: alternative mayoral titles

After section 107G of the Local Democracy, Economic Development and Construction Act 2009 insert—

107HAlternative mayoral titles: new mayoral combined authorities

1

This section applies to a mayoral combined authority where the order made under section 107A (power to provide for election of mayor) in relation to the authority comes into force on or after the date on which this section comes into force.

2

At the first meeting of the authority after the order made under section 107A comes into force, the authority must, by a resolution in accordance with subsection (4)—

a

provide that the mayor for the area of the authority is to be known by the title of mayor, or

b

change the title by which the mayor for the area of the authority is to be known to an alternative title mentioned in subsection (3).

3

The alternative titles are—

a

county commissioner;

b

county governor;

c

elected leader;

d

governor;

e

a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.

4

The following requirements must be met in relation to the resolution mentioned in subsection (2)—

a

particulars of the resolution must be included in the notice of the meeting,

b

where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and

c

the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.

5

Subsections (6) and (7) apply where under this section a mayoral combined authority changes the title by which the mayor for the area of the authority is to be known to an alternative title.

6

The authority must—

a

send notice of the change to the Secretary of State,

b

publish the notice in the area of the authority in such manner as the authority considers appropriate, and

c

publish the notice in such other manner as the Secretary of State may direct.

7

Where this subsection applies—

a

a reference in any enactment (whenever passed or made) to the mayor for the area of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and

b

references to mayor, mayoral (except in the expression “mayoral combined authority”) and deputy mayor are to be construed accordingly.

8

A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.

9

In this section a reference to a member of a combined authority does not include a non-constituent member.

10

In this section “enactment”—

a

includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, but

b

does not include this section or sections 107I and 107J.

107IAlternative mayoral titles: existing mayoral combined authorities

1

This section applies to a mayoral combined authority where the order made under section 107A (power to provide for election of mayor) in relation to the authority comes into force before the date on which this section comes into force.

2

The authority may, by a resolution in accordance with subsection (3), change the title by which the mayor for the area of the authority is to be known to one of the following alternative titles—

a

county commissioner;

b

county governor;

c

elected leader;

d

governor;

e

a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.

3

The following requirements must be met in relation to the resolution—

a

the resolution must be considered at the first meeting of the authority held after a qualifying election for the return of the mayor,

b

particulars of the resolution must be included in the notice of the meeting,

c

where the resolution includes a proposed alternative title mentioned in subsection (2)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (2), and

d

the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.

4

Subsections (5) and (6) apply where under this section a mayoral combined authority changes the title by which the mayor for the area of the authority is to be known to an alternative title.

5

The authority must—

a

send notice of the change to the Secretary of State,

b

publish the notice in the area of the authority in such manner as the authority considers appropriate, and

c

publish the notice in such other manner as the Secretary of State may direct.

6

Where this subsection applies—

a

a reference in any enactment (whenever passed or made) to the mayor for the area of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and

b

references to mayor, mayoral (except in the expression “mayoral combined authority”) and deputy mayor are to be construed accordingly.

7

A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.

8

In this section a reference to a member of a combined authority does not include a non-constituent member.

9

In this section—

“enactment” has the same meaning as in section 107H;

“qualifying election” means an election for the return of the mayor, other than—

a

the first election for the return of the mayor, and

b

an election caused by a vacancy in the office of the mayor occurring before expiry of the mayor’s term of office.

10

This section is subject to section 107J.

107JAlternative mayoral titles: further changes

1

This section applies where a mayoral combined authority has—

a

by a resolution under section 107H or 107I or by a previous resolution under this section, changed the title by which the mayor for the area of the authority is to be known to an alternative title,

b

by a resolution under section 107H, provided that the mayor for the area of the authority is to be known by the title of mayor, or

c

by a previous resolution under this section, provided that the mayor for the area of the authority is no longer to be known by an alternative title.

2

The authority may, by a resolution in accordance with subsection (4)—

a

in a subsection (1)(a) case—

i

provide that the mayor is no longer to be known by the alternative title, or

ii

change the title by which the mayor is to be known to an alternative title mentioned in subsection (3);

b

in a subsection (1)(b) or (c) case, change the title by which the mayor is to be known to an alternative title mentioned in subsection (3).

3

The alternative titles are—

a

county commissioner;

b

county governor;

c

elected leader;

d

governor;

e

a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.

4

The following requirements must be met in relation to the resolution mentioned in subsection (2)—

a

the resolution must be considered at a relevant meeting of the authority,

b

particulars of the resolution must be included in the notice of the meeting,

c

where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and

d

the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.

5

In subsection (4)(a) “relevant meeting” means the first meeting of the authority held after a qualifying election for the return of the mayor, provided that the election is at least the third qualifying election since the resolution mentioned in subsection (1) was passed.

6

Where under this section an authority provides that the mayor for the area of the authority is no longer to be known by an alternative title, the authority must—

a

send notice of the change to the Secretary of State,

b

publish the notice in the area of the authority in such manner as the authority considers appropriate, and

c

publish the notice in such other manner as the Secretary of State may direct.

7

Subsections (8) and (9) apply where under this section an authority changes the title by which the mayor for the area of the authority is to be known to an alternative title.

8

The authority must—

a

send notice of the change to the Secretary of State,

b

publish the notice in the area of the authority in such manner as the authority considers appropriate, and

c

publish the notice in such other manner as the Secretary of State may direct.

9

Where this subsection applies—

a

a reference in any enactment (whenever passed or made) to the mayor for the area of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and

b

references to mayor, mayoral (except in the expression “mayoral combined authority”) and deputy mayor are to be construed accordingly.

10

A change of title under this section does not affect the rights or obligations of any person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.

11

Where a combined authority to which section 107H applies does not pass a resolution as required by subsection (2) of that section, the authority is to be treated for the purposes of this section as if, at the meeting mentioned in that subsection, it had passed the resolution mentioned in section 107H(2)(a) (providing that the mayor is to be known by the title of mayor).

12

In this section a reference to a member of a combined authority does not include a non-constituent member.

13

In this section—

“enactment” has the same meaning as in section 107H;

“qualifying election” has the same meaning as in section 107I.

107KPower to amend list of alternative titles

1

The Secretary of State may by regulations amend section 107H(3), 107I(2) or 107J(3) to add, modify or remove a reference to an alternative title or a description of an alternative title.

2

Regulations under subsection (1) may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to section 107H, 107I or 107J.

77Local authorities in England: alternative mayoral titles

1

The Local Government Act 2000 is amended as follows.

2

After section 9HE insert—

9HFAlternative mayoral titles

1

A local authority within subsection (8) may, by a resolution in accordance with subsection (2), change the title by which the elected mayor of the authority is to be known to one of the following alternative titles—

a

county commissioner;

b

county governor;

c

elected leader;

d

governor;

e

a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.

2

The following requirements must be met in relation to the resolution—

a

the resolution must be considered at a relevant meeting of the authority,

b

particulars of the resolution must be included in the notice of the meeting,

c

where the resolution includes a proposed alternative title mentioned in subsection (1)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (1), and

d

the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.

3

In subsection (2)(a) “relevant meeting” means—

a

in the case of a local authority within subsection (8)(a), the first meeting of the authority held after a qualifying election for the return of the elected mayor,

b

in the case of a local authority within subsection (8)(b), the meeting of the authority at which the resolution under section 9KC (resolution of local authority) is passed, and

c

in the case of a local authority within subsection (8)(c), the first meeting of the authority held after the referendum mentioned in section 9N is held.

4

Subsections (5) and (6) apply where under this section a local authority changes the title by which the elected mayor of the authority is to be known to an alternative title.

5

The authority must—

a

send notice of the change to the Secretary of State,

b

publish the notice in the area of the authority in such manner as the authority considers appropriate, and

c

publish the notice in such other manner as the Secretary of State may direct.

6

Where this subsection applies—

a

a reference in any enactment (whenever passed or made) to the elected mayor of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the elected mayor is to be known, and

b

references to mayor, mayoral and deputy mayor are to be construed accordingly.

7

A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.

8

A local authority is within this subsection if—

a

it operates a mayor and cabinet executive,

b

it passes a resolution in accordance with section 9KC (resolution of local authority) to make a change in governance arrangements which provides for the authority to operate a mayor and cabinet executive, or

c

it holds a referendum by virtue of an order under section 9N (referendum on change to mayor and cabinet executive) and the proposal for the authority to operate a mayor and cabinet executive is approved in that referendum.

9

The Secretary of State may by regulations amend subsection (1) to add, modify or remove a reference to an alternative title or a description of an alternative title.

10

In this section—

“enactment”—

a

includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, but

b

does not include this section or section 9HG;

“qualifying election” means an election for the return of the elected mayor, other than—

a

the first election for the return of the elected mayor, and

b

an election caused by a vacancy in the office of the elected mayor occurring before expiry of the elected mayor’s term of office.

11

This section is subject to section 9HG.

9HGAlternative mayoral titles: further changes

1

This section applies where a local authority has—

a

by a resolution under section 9HF or by a previous resolution under this section, changed the title by which the elected mayor of the authority is to be known to an alternative title, or

b

by a previous resolution under this section, provided that the elected mayor of the authority is no longer to be known by an alternative title.

2

The authority may, by a resolution in accordance with subsection (4)—

a

in a subsection (1)(a) case—

i

provide that the elected mayor is no longer to be known by the alternative title, or

ii

change the title by which the elected mayor is to be known to an alternative title mentioned in subsection (3);

b

in a subsection (1)(b) case, change the title by which the elected mayor is to be known to an alternative title mentioned in subsection (3).

3

The alternative titles are—

a

county commissioner;

b

county governor;

c

elected leader;

d

governor;

e

a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.

4

The following requirements must be met in relation to the resolution mentioned in subsection (2)—

a

the resolution must be considered at a relevant meeting of the authority,

b

particulars of the resolution must be included in the notice of the meeting,

c

where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and

d

the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.

5

In subsection (4)(a) “relevant meeting” means the first meeting of the authority held after a qualifying election for the return of the elected mayor, provided that the election is at least the third qualifying election since the resolution mentioned in subsection (1) was passed.

6

Where under this section a local authority provides that the elected mayor of the authority is no longer to be known by an alternative title, the authority must—

a

send notice of the change to the Secretary of State,

b

publish the notice in the area of the authority in such manner as the authority considers appropriate, and

c

publish the notice in such other manner as the Secretary of State may direct.

7

Subsections (8) and (9) apply where under this section a local authority changes the title by which the elected mayor of the authority is to be known to an alternative title.

8

The authority must—

a

send notice of the change to the Secretary of State,

b

publish the notice in the area of the authority in such manner as the authority considers appropriate, and

c

publish the notice in such other manner as the Secretary of State may direct.

9

Where this subsection applies—

a

a reference in any enactment (whenever passed or made) to the elected mayor of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the elected mayor is to be known, and

b

references to mayor, mayoral and deputy mayor are to be construed accordingly.

10

A change of title under this section does not affect the rights or obligations of any person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.

11

The Secretary of State may by regulations amend subsection (3) to add, modify or remove a reference to an alternative title or a description of an alternative title.

12

In this section “enactment” and “qualifying election” have the same meaning as in section 9HF.

3

In section 105(6) (orders and regulations), after “9HE,” insert “9HF(9), 9HG(11),”.

Local government capital finance

78Capital finance risk management

1

The Local Government Act 2003 is amended as follows.

2

After section 12 (power to invest) insert—

Risk management: England

12ARisk-mitigation directions

1

The Secretary of State may give one or more risk-mitigation directions to a local authority in England, for the purpose of reducing or mitigating the financial risk to the authority, if—

a

a trigger event has occurred in relation to the local authority, and

b

the Secretary of State is satisfied that the direction is, or (as the case may be) directions are, appropriate and proportionate to the level of that financial risk.

2

A “trigger event” occurs if (and when)—

a

a risk threshold is breached by the local authority (see section 12B);

b

a report is made by the chief finance officer of the local authority under section 114(3) of the Local Government Finance Act 1988 (report to effect that authority’s expenditure is likely to exceed available resources); or

c

the Secretary of State—

i

gives a direction under section 16(2)(b) (request for expenditure to be, or not be, treated as capital) in respect of the local authority, or

ii

makes a grant to the local authority under an enactment,

for the purpose of preventing circumstances arising that would require such a report to be made.

3

The following are “risk-mitigation directions”—

a

a direction that sets limits in relation to the borrowing of money by the local authority;

b

a direction that requires the local authority to take action specified in the direction.

4

A direction under subsection (3)(a)—

a

may set different limits in relation to different kinds of borrowing;

b

must specify the period for which any limit has effect.

5

A direction under subsection (3)(b)—

a

may (amongst other things) require the local authority to take action to divest itself of a specified asset;

b

must specify the time by which any specified action must be taken.

6

In deciding whether or not to exercise a power to give a direction under this section, the Secretary of State must have regard to—

a

the likely impact of the direction on the provision of services to the public by or on behalf of the local authority;

b

the duty imposed on the local authority by section 3(1) of the Local Government Act 1999 (best value duty).

7

In deciding whether or not to exercise a power to give a direction under this section, the Secretary of State may, in particular, take account of the likely impact of that decision on the implementation of any central government policy, project or programme.

8

The Secretary of State may not give a risk-mitigation direction unless the Secretary of State—

a

has given the local authority notice of the proposed direction, and of the right of the local authority to make written representations to the Secretary of State about it within the period specified in the notice, and

b

has considered any representations made by the local authority to the Secretary of State within that period.

9

In this section, “financial risk”, in relation to a local authority, means the risk that the expenditure of the local authority (including expenditure it proposes to incur) in the current or any future financial year is likely to exceed, or further exceed, the resources (including sums borrowed) available to it to meet that expenditure.

10

This section is subject to section 12C (restriction of power to give risk-mitigation directions).

12BRisk thresholds

1

For the purposes of section 12A(2)(a), a risk threshold is breached by a local authority in England if (and when) a capital risk metric for the local authority breaches the specified threshold for that metric.

2

Each of the following is a “capital risk metric”—

a

the total of a local authority’s debt (including credit arrangements) as compared to the financial resources at the disposal of the authority;

b

the proportion of the total of a local authority’s capital assets which is investments made, or held, wholly or mainly in order to generate financial return;

c

the proportion of the total of a local authority’s debt (including credit arrangements) in relation to which the counter-party is not central government or a local authority;

d

the amount of minimum revenue provision charged by a local authority to a revenue account for a financial year;

e

any other metric specified by regulations made by the Secretary of State.

3

The Secretary of State may, by regulations, make further provision—

a

specifying whether the specified threshold for a particular metric is breached by a failure to reach that threshold or by that threshold being exceeded;

b

about how the metrics specified in, or under, subsection (2) are to be calculated for the purpose of determining whether the specified threshold for that metric has been breached.

4

Before making regulations under subsection (2)(e), the Secretary of State must consult all local authorities in England.

5

In this section—

“capital asset” has the meaning given by section 9;

“minimum revenue provision” has the meaning given by regulation 27 of the Local Authorities (Capital Finance and Accounting)(England) Regulations 2003 (S.I. 2003/3146);

“specified” means specified, or determined in a manner specified, in regulations made by the Secretary of State.

6

Regulations may require a specified threshold to be determined having regard to guidance issued under section 21(1A) (accounting practices).

12CRestriction of power to give risk-mitigation directions

1

If, after the power to give risk-mitigation directions becomes exercisable under section 12A(1) in relation to a local authority—

a

at least 12 months have elapsed since the Secretary of State last became aware of a trigger event having occurred in relation to the authority,

b

any risk-mitigation direction given to the authority has been complied with or revoked, and

c

the Secretary of State is satisfied no further risk-mitigation direction is likely to be required in the foreseeable future for the purpose of reducing or mitigating the financial risk to the authority,

the Secretary of State must give the local authority a notice to that effect (“a cessation notice”).

2

Where a cessation notice is given, the power conferred by section 12A(1) is no longer exercisable, in relation to that authority, by reason of any trigger event of which the Secretary of State was aware at the time that notice was given.

3

In this section “risk-mitigation direction”, “trigger event” and “financial risk” have the same meaning as in section 12A.

12DDuty to cooperate with independent expert

1

This section applies where—

a

a trigger event has occurred in relation to a local authority in England,

b

section 12C(2) does not apply to prevent the power conferred by section 12A(1) being exercisable, in relation to that authority, by reason of that event, and

c

the Secretary of State has appointed an independent expert to review the level of the financial risk to the local authority.

2

The local authority must, so far as reasonably practicable, co-operate with the independent expert in any way that the independent expert considers necessary or expedient for the purposes of the conduct of the review.

3

In this section—

“financial risk” has the same meaning as in section 12A;

“independent expert” means a person—

a

who is independent of the local authority and the Secretary of State, and

b

who has relevant experience or knowledge which is relevant to the matter in question;

“trigger event” has the same meaning as in section 12A.

3

In section 2 (control of borrowing), in subsection (1)—

a

after paragraph (b) insert “, or”, and

b

after that paragraph insert—

c

any limit for the time being applicable to it under section 12A.

4

In section 5 (temporary borrowing)—

a

in subsection (1), after “section 4” insert “or 12A”, and

b

in subsection (2), after “section 4(2)” insert “or 12A”.

5

In section 8 (control of credit arrangements), in subsection (1)—

a

after paragraph (b) insert “, or”, and

b

after that paragraph insert—

c

any limit for the time being applicable to it under section 12A.

6

In section 12 (power to invest), at the end insert—

This is subject to a direction under section 12A (risk-mitigation directions).

7

In section 19 (application to parish and community councils), in subsection (1) for “9 to 13” substitute “9 to 12, 13”.

8

In section 23 (meaning of “local authority” in Chapter 3 of Part 1), in subsection (4), after “1 to 8,” insert “12A to 12D,”.

Council tax

79Long-term empty dwellings: England

1

In section 11B of the Local Government Finance Act 1992 (higher amount for long-term empty dwellings: England)—

a

after subsection (1C) insert—

1D

In exercising its functions under this section a billing authority must have regard to any guidance issued by the Secretary of State.

b

in subsection (8), for “2 years” substitute “1 year”.

2

The amendments made by subsection (1) have effect for financial years beginning on or after 1 April 2024 (and, in relation to the amendment made by subsection (1)(b), it does not matter whether the period mentioned in section 11B(8) of the Local Government Finance Act 1992 begins before this section comes into force).

80Dwellings occupied periodically: England

1

The Local Government Finance Act 1992 is amended in accordance with subsections (2) and (3).

2

After section 11B (higher amount for long-term empty dwellings: England) insert—

11CHigher amount for dwellings occupied periodically: England

1

For any financial year, a billing authority in England may by determination provide in relation to its area, or such part of its area as it may specify in the determination, that if on any day the conditions mentioned in subsection (2) are satisfied in respect of a dwelling—

a

the discount under section 11(2)(a) does not apply, and

b

the amount of council tax payable in respect of that dwelling and that day is increased by such percentage of not more than 100 as it may specify in the determination.

2

The conditions are—

a

there is no resident of the dwelling, and

b

the dwelling is substantially furnished.

3

A billing authority’s first determination under this section must be made at least one year before the beginning of the financial year to which it relates.

4

In exercising its functions under this section a billing authority must have regard to any guidance issued by the Secretary of State.

5

Where a determination under this section has effect in relation to a class of dwellings—

a

the billing authority may not make a determination under section 11A(3), (4) or (4A) in relation to that class, and

b

any determination that has been made under section 11A(3), (4) or (4A) ceases to have effect in relation to that class.

6

A billing authority may make a determination varying or revoking a determination under this section for a financial year, but only before the beginning of the year.

7

Where a billing authority makes a determination under this section it must publish a notice of the determination in at least one newspaper circulating in the area.

8

The notice must be published before the end of the period of 21 days beginning with the date of the determination.

9

The validity of the determination is not affected by a failure to comply with subsection (7) or (8).

11DSection 11C: regulations

1

The Secretary of State may by regulations prescribe one or more classes of dwelling in relation to which a billing authority may not make a determination under section 11C.

2

A class of dwellings may be prescribed under subsection (1) by reference to such factors as the Secretary of State thinks fit and may, amongst other factors, be prescribed by reference to—

a

the physical characteristics of, or other matters relating to, dwellings;

b

the circumstances of, or other matters relating to, any person who is liable to the amount of council tax concerned.

3

The Secretary of State may by regulations specify a different percentage limit for the limit which is for the time being specified in section 11C(1)(b).

4

A statutory instrument containing regulations made under subsection (3) may not be made unless a draft of the instrument has been approved by resolution of the House of Commons.

“regulations” means regulations made by the Secretary of State;

“specified” means specified in regulations;

“street” has the meaning given by section 48(1) of the New Roads and Street Works Act 1991.

12

Schedule 5 contains amendments which are consequential on this section.

Other provision

82Powers of parish councils

After section 19 of the Local Government Act 1894 (provisions as to small parishes), insert—

19APowers under other enactments

1

Nothing in this Part affects any powers, duties or liabilities conferred on a parish council by or under any other enactment (whenever passed or made).

2

This section does not apply in relation to community councils (see section 179(4) of the Local Government Act 1972).

83The Common Council of the City of London: removal of voting restrictions

1

In section 618 of the Housing Act 1985 (the Common Council of the City of London), omit subsections (3) and (4).

2

In section 224 of the Housing Act 1996 (the Common Council of the City of London), omit subsections (3) and (4).

Part 3Planning

Chapter 1Planning data

84Power in relation to the processing of planning data

1

Regulations made by an appropriate authority under this Chapter (“planning data regulations”) may make provision requiring a relevant planning authority, in processing such of its planning data as is specified or described in the regulations, to comply with any approved data standards which are applicable.

2

“Planning data”, in relation to a relevant planning authority, means any information which is provided to, or processed by, the authority—

a

86Power to require certain planning data to be made publicly available

1

Planning data regulations may make provision requiring a relevant planning authority to make such of its planning data as is specified or described in the regulations available to the public under an approved open licence.

2

The power under subsection (1) does not include power to require a relevant planning authority to make planning data available in breach of—

a

12

In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

90Planning data regulations made by devolved authorities

Schedule 13 contains restrictions on the exercise of the powers under this Chapter by devolved authorities.

91Interpretation of Chapter

In this Chapter—

“appropriate authority” means—

the Secretary of State,

a devolved authority, or

the Secretary of State acting jointly with one or more devolved authorities;

“approved data standards” has the meaning given in section 84(3);

“devolved authority” means—

the Scottish Ministers,

the Welsh Ministers, or

a Northern Ireland department;

“planning data” has the meaning given in section 84(2);

“planning data regulations” has the meaning give in section 84(1);

“planning data software” has the meaning given in section 87(2);

“process”, in relation to information, means to perform an operation or set of operations on information, or on sets of information, such as—

collection, recording, organisation, structuring or storage,

adaptation or alteration,

retrieval, consultation or use,

disclosure by transmission, dissemination or otherwise making available,

alignment or combination, or

restriction, erasure or destruction;

“provided” includes submitted, issued, served, notified and published (and related expressions are to be construed accordingly);

“public authority” means any person certain of whose functions are of a public nature;

“relevant planning authority” means—

a local planning authority (within the meaning given in section 15LH of PCPA 2004),

a minerals and waste planning authority (within the meaning given in section 15LH of PCPA 2004),

a hazardous substances authority (within the meaning given in the Hazardous Substances Act) in relation to land in England,

a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,

a combined county authority established under section 9 of this Act,

the Greater London Authority,

the Mayor of London,

a Mayoral development corporation in relation to which a decision of the Mayor under any of subsections (2) to (5) of section 202 of the Localism Act 2011 has effect,

an urban development corporation established, for an area in England, under section 135 of the Local Government, Planning and Land Act 1980,

a development corporation established, in relation to a site in England, under section 3 of the New Towns Act 1981,

the Secretary of State when exercising a function under a relevant planning enactment,

a Panel or person who, pursuant to a decision of the Secretary of State under section 61(2) of the Planning Act 2008, is to handle an application for an order granting development consent,

a public authority that has functions under Part 6 of this Act, or

any other public authority prescribed by planning data regulations that has functions relating to—

planning or development in England, or

nationally significant infrastructure projects (within the meaning given in the Planning Act 2008);

“relevant planning enactment” means any enactment comprised in or made under—

the Local Government, Planning and Land Act 1980, so far as relating to planning or development in England,

the New Towns Act 1981, so far as relating to planning or development in England,

TCPA 1990,

the Listed Buildings Act,

the Hazardous Substances Act,

the Planning (Consequential Provisions) Act 1990,

Part 8 of GLAA 1999,

PCPA 2004,

the Planning Act 2008,

the Localism Act 2011, so far as relating to planning or development in England,

this Part or Part 4 or 6 of this Act, or

any other enactment prescribed by planning data regulations to the extent that it confers functions on a public authority relating to—

planning or development in England, or

nationally significant infrastructure projects (within the meaning given in the Planning Act 2008).

Chapter 2Development plans etc

Development plans and national policy

92Development plans: content

1

Section 38 of PCPA 2004 (development plan) is amended as follows.

2

In subsection (1), for “(2)” substitute “(2A)”.

3

For subsections (2) and (3) substitute—

2A

For the purposes of any area in England the development plan is—

a

each spatial development strategy that is operative in relation to that area,

b

each local plan which has effect in relation to that area,

c

each minerals and waste plan which has effect in relation to that area,

d

each supplementary plan which has effect in relation to that area,

e

each neighbourhood development plan which has been made in relation to that area, and

f

each policies map for that area.

4

For subsection (9) substitute—

9A

In subsection (2A)—

a

“spatial development strategy”, “local plan”, “minerals and waste plan” and “supplementary plan” have the same meaning as in Part 2 (see, in particular, section 15LH), and

b

policies map must be construed in accordance with section 15LD.

93Role of development plan and national policy in England

1

Section 38 of PCPA 2004 (development plan) is amended as follows.

2

After subsection (5) insert—

5A

For the purposes of any area in England, subsections (5B) and (5C) apply if, for the purposes of any determination to be made under the planning Acts, regard is to be had to—

a

the development plan, and

b

any national development management policies.

5B

Subject to subsections (5) and (5C), the determination must be made in accordance with the development plan and any national development management policies, taken together, unless material considerations strongly indicate otherwise.

5C

If to any extent the development plan conflicts with a national development management policy, the conflict must be resolved in favour of the national development management policy.

3

In subsection (6), for “If” substitute “For the purposes of any area in Wales, if”.

4

After subsection (9A) (inserted by section 92(4) of this Act) insert—

9B

National development management policy must be construed in accordance with section 38ZA.

5

Schedule 6 amends various Acts relating to planning so that they provide that, in making a determination, regard is to be had to the development plan and any national development management policies.

94National development management policies: meaning

After section 38 of PCPA 2004 insert—

38ZAMeaning of “national development management policy”

1

A “national development management policy” is a policy (however expressed) of the Secretary of State in relation to the development or use of land in England, or any part of England, which the Secretary of State by direction designates as a national development management policy.

2

The Secretary of State may—

a

revoke a direction under subsection (1);

b

modify a national development management policy.

3

The Secretary of State must have regard to the need to mitigate, and adapt to, climate change—

a

in preparing a policy which is to be designated as a national development management policy, or

b

in modifying a national development management policy.

4

Before making or revoking a direction under subsection (1), or modifying a national development management policy, the Secretary of State must ensure that such consultation with, and participation by, the public or any bodies or persons as the Secretary of State thinks appropriate takes place.

5

The only cases in which no consultation or participation need take place under subsection (4) are those where the Secretary of State thinks that none is appropriate because—

a

a proposed modification of a national development management policy does not materially affect the policy or only corrects an obvious error or omission, or

b

it is necessary, or expedient, for the Secretary of State to act urgently.

Spatial development strategy for London

95Contents of the spatial development strategy

1

Section 334 of GLAA 1999 (the spatial development strategy) is amended as follows.

2

For subsections (2) to (6) substitute—

2A

The spatial development strategy must include a statement of the Mayor’s policies (however expressed), in relation to the development and use of land in Greater London, which are—

a

of strategic importance to Greater London, and

b

designed to achieve objectives that relate to the particular characteristics or circumstances of Greater London.

2B

The spatial development strategy may specify or describe infrastructure the provision of which the Mayor considers to be of strategic importance to Greater London for the purposes of—

a

supporting or facilitating development in Greater London,

b

mitigating, or adapting to, climate change, or

c

promoting or improving the economic, social or environmental well-being of Greater London.

2C

The spatial development strategy may specify or describe affordable housing the provision of which the Mayor considers to be of strategic importance to Greater London.

2D

For the purposes of subsections (2A) to (2C) a matter—

a

may be of strategic importance to Greater London if it does not affect the whole area of Greater London, but

b

is not to be regarded as being of strategic importance to Greater London, unless it is of strategic importance to more than one London borough.

2E

The Secretary of State may, by regulations under section 343 below, prescribe further matters the spatial development strategy may, or must, deal with.

3

After subsection (8) insert—

9

The spatial development strategy must be designed to secure that the use and development of land in Greater London contribute to the mitigation of, and adaptation to, climate change.

10

The spatial development strategy must take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to an area in Greater London, including in particular—

a

the areas identified in the strategy as areas which—

i

are, or could become, of particular importance for biodiversity, or

ii

are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,

b

the priorities set out in the strategy for recovering or enhancing biodiversity, and

c

the proposals set out in the strategy as to potential measures relating to those priorities.

11

The spatial development strategy must not—

a

include anything that is not permitted or required by or under subsections (2A) to (8),

b

specify particular sites where development should take place, or

c

be inconsistent with or (in substance) repeat any national development management policy.

96Adjustment of terminology

1

In section 337 of GLAA 1999 (publication of spatial development strategy)—

a

for the heading substitute “Adoption.”;

b

in subsection (1), for “publish” substitute “adopt”;

c

after that subsection insert—

1A

The Mayor adopts the strategy by publishing it together with a statement that it has been adopted.

iii

in subsection (3), for “publication”, in both places it occurs, substitute “adoption”;

g

in section 343(1)(c), after “publication,” insert “adoption,”.

3

In section 74(1C)(b) of TCPA 1990, for “published” substitute “adopted”.

4

Any reference in an enactment to a strategy, or alteration or replacement of a strategy, adopted under Part 8 of GLAA 1999 (or the adoption of it) includes reference to a strategy, alteration or replacement published under that Part before this section comes into force (or the publication of it).

Local planning

97Plan making

Schedule 7 contains provision for, and in connection with, joint spatial development strategies, local plans, minerals and waste plans and supplementary plans.

Neighbourhood planning

98Contents of a neighbourhood development plan

1

Section 38B of PCPA 2004 (provision that may be made by neighbourhood development plans) is amended as follows.

2

Before subsection (1) insert—

A1

A neighbourhood development plan may include—

a

policies (however expressed) in relation to the amount, type and location of, and timetable for, development in the neighbourhood area in the period for which the plan has effect;

b

other policies (however expressed) in relation to the use or development of land in the neighbourhood area which are designed to achieve objectives that relate to the particular characteristics or circumstances of that area, any part of that area or one or more specific sites in that area;

c

details of any infrastructure requirements, or requirements for affordable housing, to which development in accordance with the policies, included in the plan under paragraph (a) or (b), would give rise;

d

requirements with respect to design that relate to development, or development of a particular description, throughout the neighbourhood area, in any part of that area or at one or more specific sites in that area, which the qualifying body considers should be met for planning permission for the development to be granted.

3

After subsection (2A) insert—

2B

So far as the qualifying body considers appropriate, having regard to the subject matter of the neighbourhood development plan, the plan must—

a

be designed to secure that the development and use of land in the neighbourhood area contribute to the mitigation of, and adaptation to, climate change, and

b

take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to all or part of the neighbourhood area, including in particular—

i

the areas identified in the strategy as areas which—

A

are, or could become, of particular importance for biodiversity, or

B

are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,

ii

the priorities set out in the strategy for recovering or enhancing biodiversity, and

iii

the proposals set out in the strategy as to potential measures relating to those priorities.

2C

The neighbourhood development plan must not—

a

include anything that is not permitted or required by or under subsections (A1) to (2A) or regulations under subsection (4), or

b

be inconsistent with or (in substance) repeat any national development management policy.

4

In subsection (4)(b), after “requiring” insert “or permitting”.

99Neighbourhood development plans and orders: basic conditions

1

In paragraph 8(2) of Schedule 4B to TCPA 1990 (basic conditions for making neighbourhood development order or neighbourhood plan)—

a

for paragraph (e) substitute—

ea

the making of the order would not have the effect of preventing development from taking place which—

i

is proposed in the development plan for the area of the authority (or any part of that area), and

ii

if it took place, would provide housing,

b

after paragraph (f) (but before the “and” at the end of that paragraph) insert—

fa

any requirements imposed in relation to the order by or under Part 6 of the Levelling-up and Regeneration Act 2023 (environmental outcomes reports) have been complied with,

2

In section 38C(5) of PCPA 2004 (neighbourhood development plans: modifications of Schedule 4B to TCPA 1990), in paragraph (d), for the words from “if” to the end substitute

if—

i

sub-paragraphs (2)(b) and (c) were omitted,

ii

in sub-paragraph (2), for paragraph (ea) there were substituted—

ea

the making of the neighbourhood development plan would not result in the development plan for the area of the authority proposing that less housing is provided by means of development taking place in that area than if the neighbourhood development plan were not to be made,

iii

sub-paragraphs (3) to (5) were omitted.

3

In paragraph 11(2) of Schedule A2 to PCPA 2004 (modification of neighbourhood development plans: basic conditions)—

a

for paragraph (c) substitute—

ca

the making of the plan would not result in the development plan for the area of the authority proposing that less housing is provided by means of development taking place in that area than if the draft plan were not to be made,

b

after paragraph (d) (but before the “and” at the end of that paragraph) insert—

da

any requirements imposed in relation to the plan by or under Part 6 of the Levelling-up and Regeneration Act 2023 (environmental outcomes reports) have been complied with,

Requirement to assist with plan making

100Requirement to assist with certain plan making

In Part 3 of PCPA 2004 (development), after section 39 (sustainable development) insert—

Assistance with certain parts of development plan etc

39APower to require assistance with certain plan making

1

Subsection (2) applies if a plan-making authority notifies a prescribed public body in writing that the authority requires the body, under this section, to assist the authority in relation to the preparation or revision of a relevant plan by the authority.

2

The prescribed public body must do everything that the plan-making authority reasonably requires of the body to assist the authority in relation to the preparation or revision of the relevant plan.

3

The Secretary of State may by regulations make provision as to—

a

what a plan-making authority must, may or may not require a prescribed public body to do under subsection (2);

b

the procedure to be followed in doing anything under this section;

c

the determination of the time by or at which anything must be done under this section;

d

the form and content of a notification under subsection (1) or of any other document or information provided under this section.

4

A “plan-making authority” is a body which, or other person who, is to prepare or revise (whether acting alone or jointly) a relevant plan.

5

Each of the following is a “relevant plan”—

a

a local plan, a minerals and waste plan, a supplementary plan or policies map under Part 2;

b

a spatial development strategy under Part 8 of the Greater London Authority Act 1999 or Part 2 of this Act;

c

an infrastructure delivery strategy under Part 10A of the Planning Act 2008;

d

a marine plan under the Marine and Coastal Access Act 2009 for the English inshore region, the English offshore region or any part of either of those regions.

6

A “prescribed public body” is a body which, or other person who, is prescribed or of a prescribed description and certain of whose functions are of a public nature.

7

References in this section to the preparation or revision of a relevant plan include any activities that could reasonably be considered to prepare the way for the preparation or revision of the plan.

8

In this section—

“the English inshore region” and “the English offshore region” have the same meaning as in the Marine and Coastal Access Act 2009;

“revision”, in relation to a relevant plan, includes any alteration, amendment, replacement or other modification (and related expressions are to be read accordingly).

Minor and consequential amendments

101Minor and consequential amendments in connection with Chapter 2

Schedule 8 contains minor and consequential amendments in connection with Chapter 2.

Chapter 3Heritage

102Regard to certain heritage assets in exercise of planning functions

1

After section 58A of TCPA 1990 insert—

Regard to certain heritage assets

58BDuty of regard to certain heritage assets in granting permissions

1

In considering whether to grant planning permission or permission in principle for the development of land in England which affects a relevant asset or its setting, the local planning authority or (as the case may be) the Secretary of State must have special regard to the desirability of preserving or enhancing the asset or its setting.

2

For the purposes of subsection (1), preserving or enhancing a relevant asset or its setting includes preserving or enhancing any feature, quality or characteristic of the asset or setting that contributes to the significance of the asset.

3

For the purposes of this section—

a

anything within an entry in the first column of the following table is a “relevant asset”, and

b

“significance”, in relation to a relevant asset, has the meaning given by the corresponding entry in the second column of the table.

TABLE

“relevant asset”

“significance”

a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 (see section 1(11) of that Act)

the national importance referred to in section 1(3) of that Act

a garden or other area of land included in a register maintained by the Historic Buildings and Monuments Commission for England under section 8C of the Historic Buildings and Ancient Monuments Act 1953

the special historic interest referred to in subsection (1) of that section

a site designated as a restricted area under section 1 of the Protection of Wrecks Act 1973

the historical, archaeological or artistic importance referred to in subsection (1)(b) of that section

a World Heritage Site (that is to say, a property appearing on the World Heritage List kept under paragraph (2) of article 11 of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted at Paris on 16 November 1972)

the outstanding universal value referred to in that paragraph

4

The reference in subsection (1) to a local planning authority includes the Mayor of London in relation to the grant of planning permission by Mayoral development order.

5

Nothing in this section applies in relation to neighbourhood development orders (except as provided in Schedule 4B) or street vote development orders (except as provided by SVDO regulations within the meaning given by section 61QM).

“relevant asset”	“significance”
a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 (see section 1(11) of that Act)	the national importance referred to in section 1(3) of that Act
a garden or other area of land included in a register maintained by the Historic Buildings and Monuments Commission for England under section 8C of the Historic Buildings and Ancient Monuments Act 1953	the special historic interest referred to in subsection (1) of that section
a site designated as a restricted area under section 1 of the Protection of Wrecks Act 1973	the historical, archaeological or artistic importance referred to in subsection (1)(b) of that section
a World Heritage Site (that is to say, a property appearing on the World Heritage List kept under paragraph (2) of article 11 of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted at Paris on 16 November 1972)	the outstanding universal value referred to in that paragraph

2

In paragraph 8 of Schedule 4B to TCPA 1990 (matters to be considered in examining draft neighbourhood development order)—

a

in sub-paragraph (2)—

i

in paragraph (b), after “preserving” insert “or enhancing”;

ii

after paragraph (c) insert—

ca

having special regard to the desirability of preserving or enhancing anything that is a relevant asset for the purposes of section 58B or its setting, it is appropriate to make the order,

b

after sub-paragraph (4) insert—

4A

Sub-paragraph (2)(ca) applies in relation to anything that is a relevant asset for the purposes of section 58B only in so far as the order grants planning permission for development that affects the asset or its setting.

4B

Subsections (2) and (3)(b) of section 58B apply for the purposes of sub-paragraphs (2)(ca) and (4A) as they apply for the purposes of that section.

3

In section 16 of the Listed Buildings Act (decisions on applications for listed building consent), after subsection (2) insert—

2A

In relation to a listed building in England, “preserving” in subsection (2) is to be read as “preserving or enhancing”.

4

In section 66 of the Listed Buildings Act (duty to have regard to listed buildings in the exercise of certain planning functions)—

a

after subsection (1) insert—

1A

The reference in subsection (1) to a local planning authority includes the Mayor of London in relation to the grant of planning permission by Mayoral development order.

b

after subsection (2) insert—

2A

In relation to development in England, or the exercise of powers in England, “preserving” in subsection (1) or (2) is to be read as “preserving or enhancing”.

103Temporary stop notices in relation to listed buildings

1

The Listed Buildings Act is amended as follows.

2

After section 44A insert—

44AATemporary stop notices in England

1

This section applies where it appears to a local planning authority in England that—

a

works have been or are being executed to a listed building in their area, and

b

the works are such as to involve a contravention of section 9(1) or (2).

2

The authority may issue a temporary stop notice if, having regard to the effect of the works on the character of the building as one of special architectural or historic interest, they consider it is expedient that the works (or part of them) be stopped immediately.

3

A temporary stop notice must be in writing and must—

a

specify the works in question,

b

prohibit execution of the works (or so much of them as is specified in the notice),

c

set out the authority’s reasons for issuing the notice, and

d

include a statement of the effect of section 44AB.

4

A temporary stop notice may be served on a person who appears to the authority—

a

to be executing the works or causing them to be executed,

b

to have an interest in the building, or

c

to be an occupier of the building.

5

The authority must display a copy of the notice on the building; and the copy must specify the date on which it is first displayed.

6

A temporary stop notice takes effect when the copy of it is first displayed in accordance with subsection (5).

7

A temporary stop notice ceases to have effect—

a

at the end of the period of 56 days beginning with the day on which the copy of it is first displayed in accordance with subsection (5), or

b

if the notice specifies a shorter period beginning with that day, at the end of that period.

8

But if the authority withdraws the notice before the time when it would otherwise cease to have effect under subsection (7), the notice ceases to have effect on its withdrawal.

9

A local planning authority may not issue a subsequent temporary stop notice in relation to the same works unless the authority have, since issuing the previous notice, taken other enforcement action in relation to the contravention referred to in subsection (1)(b).

10

The reference in subsection (9) to taking other enforcement action includes a reference to obtaining an injunction under section 44A.

11

A temporary stop notice does not prohibit the execution of works of such description, or the execution of works in such circumstances, as the Secretary of State may by regulations prescribe.

44ABTemporary stop notices in England: offence

1

A person is guilty of an offence if the person contravenes, or causes or permits a contravention of, a temporary stop notice—

a

which has been served on the person under section 44AA(4), or

b

a copy of which has been displayed in accordance with section 44AA(5).

2

An offence under this section may be charged by reference to a day or to some longer period; and accordingly, a person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different periods.

3

In proceedings against a person for an offence under this section, it is a defence for the person to show that the person did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice.

4

In proceedings against a person for an offence under this section, it is also a defence for the person to show—

a

that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building,

b

that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter,

c

that the works carried out were limited to the minimum measures immediately necessary, and

d

that notice in writing justifying in detail the carrying out of the works was given to the local planning authority as soon as reasonably practicable.

5

A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.

6

In determining the amount of a fine to be imposed on a person convicted under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

44ACTemporary stop notices in England: compensation

1

A person who, on the day when a temporary stop notice is first displayed in accordance with section 44AA(5), has an interest in the building is, on making a claim to the local planning authority within the prescribed time and in the prescribed manner, entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the notice.

2

But subsection (1) applies only if—

a

the works specified in the notice are not such as to involve a contravention of section 9(1) or (2), or

b

the authority withdraws the notice other than following the grant of listed building consent, after the day mentioned in subsection (1), which authorises the works.

3

The loss or damage in respect of which compensation is payable under this section includes a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the notice.

4

No compensation is payable under this section in the case of loss or damage suffered by a claimant if—

a

the claimant was required to provide information under a relevant provision, and

b

the loss or damage could have been avoided if the claimant had provided the information or had otherwise co-operated with the planning authority when responding to the notice.

5

In subsection (4)(a), each of the following is a relevant provision—

a

section 16 of the Local Government (Miscellaneous Provisions) Act 1976, and

b

section 330 of the principal Act.

3

In section 31 (general provisions as to compensation for depreciation under Part 1 of the Act), in subsection (2), after “29” insert “, 44AC”.

4

In the heading of section 44B (temporary stop notices in relation to listed buildings in Wales), at the end insert “in Wales”.

5

In section 44C (offence in relation to temporary stop notices in Wales)—

a

in the heading, after “notices” insert “in Wales”;

b

in subsection (1)(a), after “person” insert “under section 44B(4)”.

6

In the heading of section 44D (compensation in relation to temporary stop notices in Wales), after “notices” insert “in Wales”.

7

In section 45 (concurrent enforcement functions in London of the Historic Buildings and Monuments Commission)—

a

after “43” insert “and 44AA to 44AC”;

b

after “those provisions” insert “, and in any provision of this Act referring to anything done under those provisions,”.

8

In section 46 (concurrent enforcement functions of the Secretary of State)—

a

after subsection (1) insert—

1A

If it appears to the Secretary of State to be expedient that a temporary stop notice should be issued in respect of any land in England, the Secretary of State may issue such a notice.

b

in subsection (2), after “(1)” insert “or (1A)”;

c

after subsection (3) insert—

3A

A temporary stop notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority under section 44AA.

9

In section 82A(2) (exceptions from Crown application), after paragraph (f) insert—

fza

section 44AB;

10

In section 88 (rights of entry)—

a

after subsection (3) insert—

3ZA

Any person duly authorised in writing by the Secretary of State, a local planning authority in England or, where the authorisation relates to a building situated in Greater London, the Commission may at any reasonable time enter any land for any of the following purposes—

a

securing the display of a temporary stop notice issued under section 44AA;

b

ascertaining whether a temporary stop notice issued under that section is being complied with;

c

considering any claim for compensation under section 44AC.

b

in subsection (3A)—

i

in paragraph (a), for “(see section 44B)” substitute “issued under section 44B”;

ii

in paragraph (b), after “notice” insert “issued under that section”;

c

in subsection (4), after “29” insert “, 44AC”.

11

In section 88B (supplementary provision about rights of entry), after subsection (1) insert—

1ZA

Subsection (1) does not apply to a person authorised under section 88(3ZA) who intends to enter the land for either of the purposes mentioned in paragraphs (a) and (b) of that subsection.

12

In Schedule 2 (lapse of building preservation notices)—

a

in paragraph 2, after “43” insert “, 44AB”;

b

after paragraph 4 insert—

4A

Any temporary stop notice served under section 44AA(4) by the local planning authority with respect to the building while the building preservation notice was in force ceases to have effect.

c

in paragraph 5, after “served” insert “under section 44B(4)”.

104Urgent works to listed buildings: occupied buildings and recovery of costs

1

The Listed Buildings Act is amended as follows.

2

In section 54 (urgent works to preserve listed buildings)—

a

omit subsection (4);

b

in subsection (5A), omit “in Wales”;

c

after subsection (7) insert—

8

Section 6 of the Local Land Charges Act 1975 (general charge registrable pending specific charge) applies in relation to expenditure incurred in executing works under this section as if—

a

the Commission and the Secretary of State were local authorities, and

b

the giving of a notice under section 55 were the making of an order.

3

In section 55 (recovery of expenses of urgent works)—

a

after subsection (2) insert—

2A

A notice given under subsection (2) in relation to a building in England is a local land charge.

b

in subsection (5A)—

i

after “Where” insert “the Secretary of State or”;

ii

after “local authority” insert “or the Commission”;

c

in subsection (5B)—

i

for the words from “In” to “when the” substitute “As from the time when a”;

ii

for “the Welsh Ministers may prescribe” substitute “may be prescribed”;

d

after subsection (5B) insert—

5BA

An order under subsection (5B) may be made—

a

by the Secretary of State, in relation to buildings in England;

b

by the Welsh Ministers, in relation to buildings in Wales.

e

in subsection (5C), for “that time” substitute “the time mentioned in subsection (5B)”;

f

after subsection (5G) insert—

5H

If, after a notice is given under subsection (2) in relation to a building in England, there is a change in the owner of the building, a fresh notice may be given to the new owner at any time before the first notice becomes operative (and the provisions of this section apply again in relation to the fresh notice).

5I

If a notice is given to the new owner under subsection (5H), the first notice referred to in that subsection ceases to have effect.

105Removal of compensation for building preservation notice

1

The Listed Buildings Act is amended as follows.

2

In section 3 (temporary listing in England: building preservation notices), after subsection (1) insert—

1A

Before serving a building preservation notice under this section, the local planning authority must consult with the Commission.

1B

Subsection (1A) does not apply where the Commission proposes to serve a building preservation notice under this section (see subsection (8)).

3

In section 29 (compensation for loss or damage caused by service of building preservation notice where building not listed)—

a

in the heading, after “damage” insert “in Wales”;

b

omit subsection (1);

c

in subsection (1A), omit “also”.

4

The amendments made by subsection (3) do not apply in relation to a building preservation notice that has come into force before that subsection comes into force.

Chapter 4Grant and implementation of planning permission

106Street votes

1

TCPA 1990 is amended in accordance with subsection (2).

2

After section 61Q (community right to build orders) insert—

Street vote development orders

61QAStreet vote development orders

1

A process may be initiated by or on behalf of a qualifying group for the purpose of requiring the Secretary of State to make a street vote development order.

2

A “street vote development order” is an order which grants planning permission in relation to a particular street area specified in the order—

a

for development specified in the order, or

b

for development of any description or class specified in the order.

61QBQualifying groups

1

A “qualifying group”, in relation to a street vote development order, is a group of individuals—

a

each of whom on the prescribed date meet the conditions in subsection (2), and

b

comprised of at least—

i

the prescribed number, or

ii

the prescribed proportion of persons of a prescribed description.

2

The conditions are that the individual—

a

is entitled to vote in—

i

an Authority election, where any part of the street area to which the street vote development order would relate is within the City of London, or

ii

an election of councillors of any relevant council (other than the City of London) any part of whose area is within the street area to which the street vote development order would relate,

b

has a qualifying address for that election which is in the street area that the street vote development order would relate to, and

c

does not have an anonymous entry in the register of local government electors.

3

A “relevant council” means—

a

a district council,

b

a London borough council,

c

a metropolitan district council, or

d

a county council in relation to any area in England for which there is no district council.

4

For the purposes of this section—

a

“anonymous entry” is to be construed in accordance with section 9B of the Representation of the People Act 1983;

b

“Authority election” has the meaning given by section 203(1) of the Representation of the People Act 1983;

c

the Inner Temple and the Middle Temple are to be treated as forming part of the City of London;

d

“qualifying address” has the meaning given by section 9 of the Representation of the People Act 1983.

61QCMeaning of “street area”

1

A “street area” means an area in England—

a

which is of a prescribed description, and

b

no part of which is within an excluded area.

2

An “excluded area” means—

a

a National Park or the Broads;

b

an area comprising a world heritage property and its buffer zone as identified in accordance with the Operational Guidelines for the Implementation of the World Heritage Convention as published from time to time;

c

an area notified as a site of special scientific interest under section 28 of the Wildlife and Countryside Act 1981;

d

an area designated as an area of outstanding natural beauty under section 82 of the Countryside and Rights of Way Act 2000;

e

an area identified as green belt land, local green space or metropolitan open land in a development plan;

f

a European site within the meaning given by regulation 8 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);

g

such other area as may be specified or described in regulations made by the Secretary of State.

3

In this section, “a world heritage property” means a property appearing on the World Heritage List (published in accordance with Article 11 of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage adopted on 16 November 1972).

61QDProcess for making street vote development orders

1

The Secretary of State must make regulations (“SVDO regulations”) which make provision about the preparation and making of a street vote development order.

2

SVDO regulations must, in particular, make provision—

a

for the appointment by the Secretary of State of a person to—

i

handle proposals made under section 61QA(1) (“street vote proposals”) or specified aspects of those proposals,

ii

carry out the independent examination of such proposals, and

iii

to make street vote development orders on the Secretary of State’s behalf,

(and for the above purposes the same or different persons may be appointed);

b

as to the circumstances in which a street vote development order may be made and in particular must make provision requiring a referendum under section 61QE to be held before an order may be made.

3

SVDO regulations may, in particular, include provision as to—

a

the functions of a qualifying group in relation to a street vote proposal and how those functions are to be discharged (including provision for a member of the group or another prescribed person to be responsible for discharging them);

b

the form and content of a street vote proposal;

c

the information and documents (if any) which must accompany a street vote proposal;

d

the circumstances and the way in which a proposal may be withdrawn;

e

the steps that must be taken, and the conditions that must be met, before a proposal falls to be considered by an appointed person;

f

the circumstances in which an appointed person may or must decline to consider or reject a proposal;

g

the steps that must be taken, and the conditions that must be met, before a proposal falls to be independently examined;

h

the functions of the independent examination in relation to the proposal;

i

the circumstances in which an appointed person may terminate the independent examination (including provision as to the procedure for doing so);

j

the procedure to be followed at an examination (including provision regarding the procedure to be followed at any hearing or inquiry or provision designating the hearing or inquiry as a statutory inquiry for the purposes of section 9 of the Tribunals and Inquiries Act 1992);

k

the power to summons witnesses at any inquiry (including by applying, with or without modifications, section 250(3) and (4) of the Local Government Act 1972);

l

the award of costs in connection with an examination;

m

the steps to be taken following the independent examination (including provision for prescribed modifications to be made to the draft street vote development order);

n

the payment by a local planning authority of remuneration and expenses relating to the examination;

o

the functions of local planning authorities, or other authorities, in connection with street vote development orders (including provision regulating the arrangements of authorities for the discharge of those functions);

p

cases where there are two or more local planning authorities any of whose area falls within the area of the street area that the proposal relates to (including provision modifying functions of the local planning authorities under the regulations in such cases or provision applying, with or without modifications, any provision of Part 6 of the Local Government Act 1972 in cases where the provision would not otherwise apply);

q

requirements about the giving of notice and publicity;

r

the information and documents that are to be made available to the public;

s

consultation with and participation by the public or prescribed persons;

t

the making and consideration of representations;

u

the determination of the time by or at which anything must be done in connection with street vote development orders;

v

the provision by any person of prescribed information or documents or prescribed descriptions of information or documents in connection with a street vote development order;

w

the making of reasonable charges for anything done in connection with street vote development orders;

x

when a court may entertain proceedings for questioning prescribed decisions to act or any other prescribed matter.

61QEReferendums

1

SVDO regulations may make provision about referendums held in connection with street vote development orders and may, in particular, include provision—

a

as to the circumstances in which an appointed person or the Secretary of State may direct relevant councils to carry out a referendum in relation to a street vote development order;

b

the functions of such councils in relation to the referendum;

c

dealing with any case where there are two or more relevant councils any of whose area falls within the area in which a referendum is to take place (including provision for only one council to carry out functions in relation to the referendum in such a case);

d

prescribing a date by which the referendum must be held or before which it cannot be held;

e

as to the question to be asked in the referendum and any explanatory material in relation to that question;

f

as to voter eligibility for the referendum;

g

as to the publicity to be given in connection with the referendum;

h

as to the provision of prescribed information to voters in connection with the referendum (including information about any infrastructure levy or community infrastructure levy which is chargeable in respect of development under a street vote development order);

i

about the limitation of expenditure in connection with the referendum;

j

as to the conduct of the referendum;

k

as to when, where and how voting in the referendum is to take place;

l

as to how the votes cast are to be counted;

m

about certification as to the number of persons voting in the referendum and as to the number of those persons voting in favour of a street vote development order;

n

about the combination of polls at the referendum with polls at another referendum or at any election;

o

as to the threshold of votes that must be met before a street vote development order may be made.

2

For the purposes of making provision within subsection (1), SVDO regulations may apply or incorporate (with or without modifications) any provision made by or under any enactment relating to elections or referendums.

3

But where the regulations apply or incorporate (with or without modifications) any provision that creates an offence, the regulations may not impose a penalty greater than is provided for in respect of that provision.

4

Before making provision within this section, the Secretary of State must consult the Electoral Commission.

5

In this section “enactment” means an enactment, whenever passed or made.

61QFRegulations: general provision

SVDO regulations may—

a

provide for exemptions (including exemptions which are subject to prescribed conditions);

b

confer a function, including a function involving the exercise of a discretion, on any person.

61QGProvision that may be made by a street vote development order

1

A street vote development order may make provision in relation to—

a

all land in the street area specified in the order,

b

any part of that land, or

c

a site in that area specified in the order.

2

A street vote development order may only provide for the granting of planning permission for any development that—

a

is prescribed development or development of a prescribed description or class,

b

is not excluded development, and

c

satisfies any further prescribed conditions.

3

A street vote development order may make different provision for different purposes.

61QHMeaning of “excluded development”

The following development is excluded development for the purposes of section 61QG(2)(b) —

a

development of a scheduled monument within the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979;

b

Schedule 1 development as defined by regulation 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571);

c

development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008);

d

development of a listed building within the meaning given by section 1(5) of the Planning (Listed Buildings and Conservation) Areas Act 1990;

e

development consisting of the winning and working of minerals;

f

such other development as may be specified or described in regulations made by the Secretary of State.

61QIPermission granted by street vote development orders

1

The granting of planning permission by a street vote development order is subject to—

a

any prescribed conditions or limitations or conditions or limitations of a prescribed description, and

b

such other conditions or limitations as may be specified in the order (but see subsections (4) and (5)).

2

The conditions that may be specified include a condition that unless a relevant obligation is entered into—

a

the development authorised by the planning permission or any description of such development must not be begun, or

b

anything created in the course of the development authorised by the planning permission may not be occupied or used for any purpose.

3

A relevant obligation for the purposes of subsection (2) includes an obligation which involves the payment of money or affects any estate or interest in, or rights over, land.

4

But an order may only specify a condition that a person enter into an obligation under section 106 if the obligation—

a

is necessary to make the development specified in the order acceptable in planning terms,

b

is directly related to the development,

c

is fairly and reasonably related in scale and kind to the development, and

d

satisfies such other requirements as may be specified in regulations made by the Secretary of State.

5

The Secretary of State may by regulations provide that—

a

conditions or limitations of a prescribed description may not be imposed under subsection (1)(b),

b

conditions or limitations of a prescribed description may only be imposed under subsection (1)(b) in circumstances of a prescribed description, or

c

no conditions or limitations may be imposed under subsection (1)(b) in circumstances of a prescribed description.

6

A condition or limitation prescribed under subsection (1)(a) may confer a function on any person, including a function involving the exercise of a discretion.

7

If—

a

planning permission granted by a street vote development order for any development is withdrawn by the revocation of the order under section 61QJ, and

b

the revocation is made after the development has begun but before it has been completed,

the development may, despite the withdrawal of the permission, be completed.

8

But an order under section 61QJ revoking a street vote development order may provide that subsection (7) is not to apply in relation to development specified in the order under that section.

9

In this section “relevant obligation” means—

a

an obligation under section 106 (planning obligations), or

b

an agreement under section 278 of the Highways Act 1980 (agreements as to execution of works).

61QJRevocation or modification of street vote development orders

1

The Secretary of State may by order revoke or modify a street vote development order.

2

A local planning authority may, with the consent of the Secretary of State, by order revoke a street vote development order relating to a street area any part of which falls within the area of that authority.

3

If a street vote development order is revoked, the person revoking the order must state the reasons for the revocation.

4

An appointed person may at any time by order modify a street vote development order for the purpose of correcting errors.

5

A modification of a street vote development order is to be done by replacing the order with a new one containing the modification.

6

Regulations may make provision in connection with the revocation or modification of a street vote development order.

7

The regulations may, in particular, include provision as to—

a

the giving of notice and publicity in connection with a revocation or modification;

b

the information and documents relating to a revocation or modification that are to be made available to the public;

c

the making of reasonable charges for anything provided as a result of the regulations;

d

consultation with and participation by the public in relation to a revocation or modification;

e

the making and consideration of representations about a revocation or modification (including the time by which representations must be made).

61QKFinancial assistance in relation to street votes

1

The Secretary of State may do anything that the Secretary of State considers appropriate—

a

for the purpose of publicising or promoting the making of street vote development orders and the benefits expected to arise from their making, or

b

for the purpose of giving advice or assistance to anyone in relation to the making of street vote proposals or the doing of anything else for the purposes of, or in connection with, such proposals or street vote development orders.

2

The things that the Secretary of State may do under this section include, in particular—

a

the provision of financial assistance (or the making of arrangements for its provision) to any body or other person, and

b

the making of agreements or other arrangements with any body or other person (under which payments may be made to the person).

3

In this section—

a

the reference to giving advice or assistance includes providing training or education;

b

any reference to the provision of financial assistance is to the provision of financial assistance by any means (including the making of a loan and the giving of a guarantee or indemnity).

61QLStreet votes: connected modifications

The Secretary of State may by regulations make provision modifying the application of Schedule 7A (biodiversity gain in England) in relation to planning permission granted by a street vote development order.

61QMInterpretation

In sections 61QA to 61QL—

“an appointed person” means a person appointed in accordance with section 61QD(2)(a);

“excluded development” has the meaning given by section 61QH;

“qualifying group” has the meaning given by section 61QB;

“relevant council” has the meaning given by section 61QB(3);

“street area” has the meaning given by section 61QC;

“street vote development order” has the meaning given by section 61QA(2);

“street vote proposal” has the meaning given by section 61QD(2)(a)(i);

“SVDO regulations” has the meaning given by section 61QD(1).

3

Schedule 9 contains minor and consequential amendments in connection with this section.

107Street votes: community infrastructure levy

1

The Planning Act 2008 is amended as follows.

2

In section 211(10) (amount of levy)—

a

at the beginning insert “Except where subsection (11) applies,”, and

b

from “, 213” to the end substitute “to 213 and 214(1) and (2) apply in relation to a revision of a charging schedule as they apply in relation to a charging schedule.”

3

After section 211(10) insert—

11

Where the only provision made by a charging schedule or a revision of a charging schedule is provision for the purpose of determining the amount of CIL chargeable in respect of street vote development—

a

sections 212 to 213 and 214(1) and (2) do not apply in relation to the charging schedule or the revision of the charging schedule, and

b

CIL regulations may make provision about procedural requirements that must be met before the charging schedule or revision may take effect.

12

“Street vote development” means development of land for which planning permission is granted by a street vote development order made under section 61QA of TCPA 1990.

4

After section 212(11) (charging schedule: examination) insert—

12

For exceptions to this section see section 211(11).

5

After section 212A(7) (charging schedule: examiner’s recommendations) insert—

8

For exceptions to this section see section 211(11).

6

After section 213(5) (charging schedule: approval) insert—

6

For exceptions to this section see section 211(11).

7

After section 214(6) (charging schedule: effect) insert—

7

For exceptions to subsections (1) and (2) of this section see section 211(11).

8

After section 214 (charging schedule: effect) insert—

214ASecretary of State: power to require review of certain charging schedules

1

This section applies where—

a

a charging schedule makes provision for the purpose of determining the amount of CIL chargeable in respect of street vote development, and

b

section 211(11) applied in relation to the charging schedule or the revision of the charging schedule in connection with making such provision.

2

The Secretary of State may direct a charging authority to review the charging schedule if the Secretary of State considers that—

a

the economic viability of street vote development in the charging authority’s area is significantly impaired, or

b

there is a substantial risk that it will become significantly impaired,

as a result of the CIL which is or will be chargeable in respect of street vote development in that area.

3

If a charging authority is directed to review its charging schedule under subsection (2), it must—

a

consider whether to revise the charging schedule under section 211(9), and

b

notify the Secretary of State of its decision with reasons.

4

If the charging authority decides to revise the charging schedule, it must do so within a reasonable time.

5

If a charging authority has not complied with a direction given under subsection (2) within a reasonable time and to a standard which the Secretary of State considers adequate, the Secretary of State may appoint a person to do so on behalf of the charging authority.

6

If a person appointed under subsection (5) decides that the charging schedule should be revised, the charging authority must revise the schedule accordingly within a reasonable time.

7

If the charging authority fails to revise the charging schedule in accordance with subsection (4) or (6), the Secretary of State may appoint a person to do so on behalf of the charging authority.

8

CIL regulations may make provision about—

a

procedures for appointing a person under subsection (5) or (7),

b

conditions which must be met before such an appointment may be made,

c

procedures which must be followed by the person in complying with a direction given under subsection (2) or revising the charging schedule under subsection (7),

d

circumstances in which the person may be replaced,

e

duties of a charging authority where a person is appointed to act on its behalf under subsection (5) or (7),

f

liability for costs incurred as a result of the appointment of the person, and

g

what constitutes a reasonable time under subsections (4) to (6).

9

In this section “street vote development” has the meaning given by section 211(12).

9

In section 216(2) (application), after paragraph (f) insert—

fa

where the CIL is chargeable in respect of street vote development, affordable housing.

10

After section 216(7) insert—

8

In this section—

“affordable housing” means—

a

social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and

b

any other description of housing that CIL regulations may specify;

“street vote development” has the meaning given by section 211(12).

108Street votes: modifications of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017

The Secretary of State may by regulations make provision modifying the application of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/517) in relation to the grant of planning permission by a street vote development order.

109Crown development

1

TCPA 1990 is amended as follows.

2

After section 293A insert—

293BUrgent Crown development: applications to the Secretary of State

1

This section applies where—

a

the appropriate authority intends to make a relevant application, and

b

the authority considers—

i

that the development to which the application relates is of national importance, and

ii

that it is necessary that the development is carried out as a matter of urgency.

2

The appropriate authority may make the application to the Secretary of State under this section.

3

In this section, “relevant application” means—

a

an application for planning permission for the development of land in England, or

b

an application for approval of a matter that, as defined in section 92, is a reserved matter in the case of an outline planning permission for the development of land in England,

but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations.

4

An application under this section must include—

a

such information, documents or other matters as may be required by a development order, and

b

a statement of the appropriate authority’s grounds for making the application.

5

As soon as practicable after receiving the application, the Secretary of State must give notice to the appropriate authority either agreeing or refusing to determine the application.

6

The Secretary of State may only agree to determine the application if the Secretary of State considers that—

a

the development to which the application relates is of national importance, and

b

it is necessary that the development is carried out as a matter of urgency.

7

The Secretary of State must send a copy of a notice given under subsection (5) to the local planning authority to whom the application could otherwise have been made.

8

The Secretary of State may by notice require the appropriate authority to provide such further information as is necessary for the purposes of—

a

deciding whether to agree or to refuse to determine the application;

b

determining the application.

9

A development order may make provision—

a

as to the form and manner in which an application must be made;

b

requiring notice to be given of an application;

c

as to the form, content and service of a notice required under paragraph (b);

d

requiring that an application be publicised in such manner as the order may specify.

10

A development order which makes provision under subsection (9) may include provision to ensure that the imposition of any requirement under that subsection does not result in the public disclosure of sensitive information.

11

For the purposes of subsection (10), information is “sensitive” if the Secretary of State directs that—

a

it relates to matters of national security or measures taken or to be taken to ensure the security of any premises or property, and

b

its public disclosure would be contrary to the national interest.

12

A development order making any provision by virtue of this section may make different provision for different cases or different classes of development.

13

The Secretary of State may give directions requiring a local planning authority to do things in relation to an application made under section 293B that could otherwise have been made to that authority.

14

Directions under subsection (13)—

a

may relate to a particular application or to applications more generally;

b

may be given to a particular authority or to authorities more generally.

293CUrgent Crown development: determination of applications by the Secretary of State

1

This section applies where —

a

the appropriate authority has made a relevant application to the Secretary of State under section 293B, and

b

the Secretary of State has given notice under section 293B(5) agreeing to determine the application.

2

Before determining the application, the Secretary of State must consult the following persons about the application—

a

the local planning authority to which the application could otherwise have been made, and

b

such other persons as the Secretary of State considers appropriate.

3

A development order may make provision as to the consultation required by subsection (2) including—

a

provision requiring the Secretary of State to consult other specified persons (or persons of a specified description);

b

provision as to the manner in which persons may be consulted;

c

different provision for different cases or classes of development.

4

The Secretary of State may—

a

grant the application, either unconditionally or subject to such conditions as the Secretary of State thinks fit, or

b

refuse it.

5

The Secretary of State must notify the local planning authority to whom the application could otherwise have been made of the Secretary of State’s decision on the application.

6

The decision of the Secretary of State on the application is final.

7

Section 73A applies, with any necessary modifications, to an application for planning permission under section 293B as it applies to an application for planning permission which is to be determined by the local planning authority under Part 3.

8

The following provisions do not apply for the purposes of determining an application for planning permission under section 293B—

a

section 58B(1) of this Act;

b

sections 66(1) and 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

293DCrown development: applications to the Secretary of State

1

This section applies where—

a

the appropriate authority intends to make a relevant application, and

b

the authority considers that the development to which it relates is of national importance.

2

The appropriate authority may make the application to the Secretary of State under this section.

3

In this section and section 293E, “relevant application” means—

a

an application for planning permission, or permission in principle, for the development of land in England, or

b

an application for approval of a matter that, as defined by section 92, is a reserved matter in the case of an outline planning permission for the development of land in England,

but does not include an application of the kind described in section 73(1) or an application of a description excluded by regulations.

4

After receiving the application, the Secretary of State must give a notice to the appropriate authority stating whether the Secretary of State considers the development to be of national importance.

5

If the Secretary of State considers the development to be of national importance, the Secretary of State must proceed to determine the application.

6

If the Secretary of State considers that the development is not of national importance, the Secretary of State may take the steps referred to in either subsection (7) or, where it applies, subsection (9).

7

The Secretary of State may—

a

refer the application to the local planning authority to whom it could otherwise have been made, and

b

direct that the application—

i

is to be treated as having been made to the authority (and not to the Secretary of State under this section), and

ii

is to be determined by that authority accordingly.

8

Subsection (9) applies where—

a

the application could otherwise have been made to the Secretary of State under section 62A, and

b

the appropriate authority has given notice to the Secretary of State that the authority consents to the application being treated as having been made to the Secretary of State under that section.

9

The Secretary of State may—

a

direct that the application is to be treated as having been made to the Secretary of State under section 62A (and not to the Secretary of State under this section), and

b

determine the application accordingly.

293ECrown development: connected applications to the Secretary of State

1

This section applies where—

a

the appropriate authority makes an application to the Secretary of State under section 293D, and

b

the Secretary of State gives a notice to the appropriate authority under section 293D(4) stating that the development to which it relates is considered by the Secretary of State to be of national importance.

2

The appropriate authority may make an application (“a connected application”) under the planning Acts to the Secretary of State where the requirements of subsection (3) are met.

3

The requirements are that—

a

the application is—

i

for listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990,

ii

for hazardous substances consent under the Planning (Hazardous Substances) Act 1990, or

iii

of a prescribed description,

b

it is considered by the person making the application to be connected to an application under section 293D,

c

it is neither a relevant application nor an application of the kind described in section 73(1), and

d

it relates to land in England.

4

If a connected application is made under subsection (2), but the Secretary of State considers that it is not connected with the relevant application concerned, the Secretary of State may—

a

refer the connected application to the local planning authority, or hazardous substances authority, to whom it could otherwise have been made, and

b

direct that the connected application—

i

is to be treated as having been made to that authority (and not to the Secretary of State under this section), and

ii

is to be determined by that authority accordingly.

293FApplications under section 293D or 293E: supplementary matters

1

The decision of the Secretary of State on an application made under section 293D or 293E is final.

2

The Secretary of State may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made under section 293D or 293E that could otherwise have been made to that authority.

3

Directions under subsection (2)—

a

may relate to a particular application or to applications more generally;

b

may be given to a particular authority or to authorities more generally.

293GNotifying parish councils of applications under section 293D(2)

1

If an application is made to the Secretary of State under section 293D(2) and a parish council would be entitled under paragraph 8 of Schedule 1 to be notified of the application were it made to the local planning authority, the Secretary of State must notify the council of—

a

the application, and

b

any alteration of the application accepted by the Secretary of State.

2

Paragraph 8(4) and (5) of Schedule 1 apply in relation to duties of the Secretary of State under subsection (1) as they apply to duties of a local planning authority under paragraph 8(1) or (3B) of that Schedule.

293HProvisions applying to applications made under section 293D or 293E

1

Sections 62(3) and (4), 65(5), 70 to 70C, 72(1) and (5) and 73A apply, with any necessary modifications, to an application for planning permission made to the Secretary of State under section 293D as they apply to an application for planning permission which is to be determined by the local planning authority.

2

Any requirements imposed by a development order by virtue of section 62, 65 or 71 or paragraph 8(6) of Schedule 1, or by regulations under paragraph 14(3) or 16 of Schedule 7A, may be applied by a development order, with or without modifications, to an application for planning permission made to the Secretary of State under section 293D.

3

Sections 65(5) and 70 to 70C apply, with any necessary modifications, to an application for permission in principle made to the Secretary of State under section 293D as they apply to an application for permission in principle which is to be determined by the local planning authority.

4

Any requirements imposed by a development order by virtue of section 62(1), (2) or (8), 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for permission in principle made to the Secretary of State under section 293D.

5

Where an application is made to the Secretary of State under section 293E instead of to the authority to whom it could otherwise have been made, a development order may (with or without modifications) apply to the application any enactment that relates to applications of that kind when made to that authority.

6

A development order which makes provision under this section to apply to an application under section 293D or 293E (with or without modifications) any requirement to disclose information may include provision to secure that the requirement would not result in the public disclosure of sensitive information.

7

For the purposes of subsection (6), information is “sensitive” if the Secretary of State directs that—

a

it relates to matters of national security or measures taken or to be taken to ensure the security of any premises or property, and

b

its public disclosure would be contrary to the national interest.

293IDeciding applications made under section 293D or 293E

1

An application made to the Secretary of State under section 293D or 293E (“a direct application”) is to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State, subject to section 293J.

2

Where a person has been appointed under subsection (1) or this subsection to determine a direct application then, at any time before the person has determined the application, the Secretary of State may—

a

revoke the person’s appointment;

b

appoint another person to determine the application instead.

3

A person appointed under this section to determine a direct application has the same powers and duties that the Secretary of State has under section 293H.

4

Where a direct application is determined by a person appointed under this section, the person’s decision is to be treated as that of the Secretary of State.

5

Except as provided by Part 12, the validity of that decision is not to be questioned in any proceedings whatsoever.

6

It is not a ground of application to the High Court under section 288 that a direct application ought to have been determined by the Secretary of State and not by a person appointed under this section unless the applicant challenges the person’s power to determine the direct application before the person’s decision on the direct application is given.

7

Where any enactment (other than this section and section 319A)—

a

refers (or is to be read as referring) to the Secretary of State in a context relating to or capable of relating to a direct application (otherwise than by referring to the application having been made to the Secretary of State), or

b

refers (or is to be read as referring) to anything (other than the making of the application) done or authorised or required to be done by, to or before the Secretary of State in connection with any such application,

then, so far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under this section, as if the reference to the Secretary of State were or included a reference to that person.

293JApplications under section 293D or 293E: determination by the Secretary of State

1

The Secretary of State may direct that an application made to the Secretary of State under section 293D or 293E (“a direct application”) is to be determined by the Secretary of State instead of by a person appointed under section 293I.

2

Where a direction is given under subsection (1), the Secretary of State must serve a copy of the direction on—

a

the person, if any, appointed under section 293I to determine the application concerned,

b

the applicant, and

c

the local planning authority.

3

Where a direct application is to be determined by the Secretary of State in consequence of a direction under subsection (1)—

a

in determining the application, the Secretary of State may take into account any report made to the Secretary of State by any person previously appointed to determine the application, and

b

subject to that, the provisions of the planning Acts which are relevant to the application apply to it as if section 293I had never applied to it.

4

The Secretary of State may by a further direction revoke a direction under subsection (1) at any time before the determination of the direct application concerned.

5

Where a direction is given under subsection (4), the Secretary of State must serve a copy of the direction on—

a

the person, if any, previously appointed under section 293I to determine the application concerned,

b

the applicant, and

c

the local planning authority.

6

Where a direction is given under subsection (4) in relation to a direct application—

a

anything done by or on behalf of the Secretary of State in connection with the application which might have been done by a person appointed under section 293I to determine the application is, unless the person appointed under section 293I to determine the application directs otherwise, to be treated as having been done by that person, and

b

subject to that, section 293I applies to the application as if no direction under subsection (1) had been given in relation to the application.

3

Schedule 10 contains consequential amendments.

110Material variations in planning permission

1

TCPA 1990 is amended as follows.

2

After section 73A insert—

73BApplications for permission not substantially different from existing permission

1

An application for planning permission in respect of land in England is to be determined in accordance with this section if the applicant—

a

requests that it be so determined,

b

makes a proposal as to the conditions (if any) subject to which permission should be granted, and

c

identifies an existing planning permission by reference to which the application is to be considered (“the existing permission”).

2

The existing permission must not have been granted—

a

under section 73, section 73A or this section, or

b

other than on application.

3

The applicant may also identify, for the purposes of an application to be determined in accordance with this section, a planning permission—

a

that was granted under section 73 or this section by reference to the existing permission, or

b

that forms part of a sequence of planning permissions granted under section 73 or this section, the first of which was granted by reference to the existing permission.

4

A development order must set out how an applicant is to do as mentioned in subsections (1) and (3).

5

Planning permission may be granted in accordance with this section only if the local planning authority is satisfied that its effect will not be substantially different from that of the existing permission.

6

Planning permission may not be granted in accordance with this section in a way that differs from the existing permission as to the time by which a condition requires—

a

development to be started, or

b

an application for approval of reserved matters (within the meaning of section 92) to be made.

7

In determining an application in accordance with this section, the local planning authority must limit its consideration to those respects in which the permission being applied for would, if granted in accordance with the proposal under subsection (1)(b), differ in effect from—

a

the existing permission, and

b

each planning permission (if any) identified in accordance with subsection (3).

Section 70(2) is subject to this subsection.

8

If the local planning authority decides not to grant planning permission in accordance with this section, it must refuse the application.

9

For the purposes of this section, the effect of a planning permission is to be assessed by reference to both the development it authorises and any conditions to which it is subject.

10

In assessing the effect of an existing planning permission for the purposes of subsection (5) (but not for the purposes of subsection (7)), any change to the permission made under section 96A is to be disregarded.

11

The following provisions apply in relation to the condition under paragraph 13 of Schedule 7A (biodiversity gain condition)—

a

nothing in this section authorises the disapplication of the condition;

b

the condition is to be disregarded for the purposes of subsections (1)(b), (5) and (7);

c

where—

i

the existing planning permission is subject to the condition,

ii

a biodiversity gain plan (“the earlier biodiversity gain plan”) was approved for the purposes of the condition as it attaches to that permission,

iii

planning permission is granted in accordance with this section, and

iv

that planning permission is consistent with the post-development biodiversity value of the onsite habitat as specified in the earlier biodiversity gain plan,

the earlier biodiversity gain plan is to be regarded as approved for the purposes of the condition as it attaches to the planning permission granted in accordance with this section.

12

Nothing in this section authorises the disapplication of the condition under section 90B (condition relating to development progress reports in England).

13

In relation to an application for planning permission that is made to, or is to be determined by, the Secretary of State, a reference in this section to the local planning authority is to be read as a reference to the Secretary of State.

14

The preceding provisions of this section apply in relation to an application for permission in principle as if—

a

each reference to planning permission were a reference to permission in principle, and

b

the provisions of this section relating to conditions were omitted.

15

Permission in principle granted in accordance with this section is to be taken, for the purposes of section 70(2ZZC), as having come into force when the existing permission in principle identified under subsection (1)(c) came into force.

3

In section 62A (applications that may be made directly to the Secretary of State)—

a

in subsection (2), after “73(1)” insert “, an application that is to be determined in accordance with section 73B”;

b

in subsection (3)(d), after “73(1)” insert “nor an application that is to be determined in accordance with section 73B”.

4

In section 70A (power to decline to determine application similar to an earlier one)—

a

in subsection (8), for “subsection (9)” substitute “subsections (9) to (11)”;

b

at the end insert—

10

An application that is to be determined in accordance with section 73B is not similar to an earlier application that was not determined in accordance with that section.

11

An application that is to be determined in accordance with section 73B is similar to an earlier application that was determined in accordance with that section only if the local planning authority think that the difference of effect referred to in subsection (7) of that section is (both in kind and in degree) the same or substantially the same in the case of both applications.

5

In section 70B (power to decline to determine application similar to a pending one)—

a

in subsection (5), at the beginning insert “Subject to subsections (5A) and (5B),”;

b

after subsection (5) insert—

5A

An application that is to be determined in accordance with section 73B is not similar to another application that is not to be determined in accordance with that section.

5B

An application that is to be determined in accordance with section 73B is similar to another application that is to be determined in accordance with that section only if the local planning authority think that the difference of effect referred to in subsection (7) of that section is (both in kind and in degree) the same or substantially the same in the case of both applications.

111Development commencement notices

1

TCPA 1990 is amended as follows.

2

After section 93 insert—

Commencement of development: England

93GCommencement notices

1

This section applies where—

a

planning permission has been granted under section 70 or 73 for the development of any land in England, and

b

the development is of a prescribed description.

2

Before the development is begun, the person proposing to carry it out must give a notice (a “commencement notice”) to the local planning authority specifying the date on which the person expects the development to be begun.

3

Once a person has given a commencement notice, the person—

a

may give a further commencement notice substituting a new date for the date previously given, and

b

must do so if the development is not commenced on the date previously given.

4

A commencement notice must—

a

include such information as may be prescribed, and

b

be in such form and be given in such manner as may be prescribed.

5

Where it appears to the local planning authority that a person has failed to comply with the requirements of subsection (2) or (3)(b), they may serve a notice on any relevant person requiring the relevant person to give the authority such of the information prescribed under subsection (4)(a) as the notice may specify.

6

In subsection (5) “relevant person” means—

a

the person to whom the requirements of subsection (2) or (3)(b) applied, and

b

any person who is the owner or occupier of the land to which the planning permission relates or who has any other interest in that land.

7

A person on whom a notice under subsection (5) is served is guilty of an offence if they fail to give the information required by the notice within the period of 21 days beginning with the day on which it was served.

8

It is a defence for a person charged with an offence under subsection (7) to prove that they had a reasonable excuse for failing to provide the information required.

9

A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

10

When granting planning permission under section 70 or 73 for the development of any land in England, a local planning authority must by notice inform the applicant of—

a

the requirements of subsections (2) and (3)(b), and

b

the consequences of non-compliance with those requirements.

3

In section 56 (time when development begins), in subsection (3), after “92,” insert “93G,”.

4

In section 69 (register of applications etc)—

a

in subsection (1), after paragraph (f) (inserted by section 114(4)(a)) insert—

g

commencement notices under section 93G.

b

in subsection (2), after paragraph (c) (inserted by section 114(4)(b)) insert—

d

such information as is prescribed with respect to commencement notices under section 93G that are given to the local planning authority.

112Completion notices

1

TCPA 1990 is amended as follows.

2

After section 93G insert—

Termination of planning permission: England

93HCompletion notices

1

This section applies where—

a

a planning permission relating to land in England is by virtue of section 91 or 92 subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has been begun within that period but has not been completed,

b

development has begun in accordance with a simplified planning zone scheme in England but has not been completed by the time the area ceases to be a simplified planning zone,

c

development has begun in accordance with planning permission under an enterprise zone scheme in England but has not been completed by the time the area ceases to be an enterprise zone,

d

a planning permission under a neighbourhood development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed, or

e

a planning permission under a street vote development order is subject to a condition that the development to which the permission relates must begin before the expiration of a particular period, and development has begun within that period but has not been completed.

2

If the local planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice (a “completion notice”) stating that the planning permission will cease to have effect at a specified time (the “completion notice deadline”).

3

The completion notice deadline must be—

a

at least 12 months after the completion notice was served, and

b

if the notice was served in a case within subsection (1)(a) or (d) before the end of the period referred to in that provision, at least 12 months after the end of that period.

4

A completion notice must include—

a

prescribed information in relation to the right of appeal against the notice, and

b

any other prescribed information.

5

A completion notice must be served on—

a

the owner of the land,

b

if different, the occupier of the land, and

c

a person not falling within paragraph (a) or (b) with an interest in the land, being an interest which, in the opinion of the local planning authority, is materially affected by the notice.

6

The local planning authority may withdraw a completion notice at any time before the completion notice deadline.

7

If they do so they must immediately give notice of the withdrawal to every person who was served with the completion notice.

8

If it appears to the Secretary of State to be expedient that a completion notice should be served in respect of any land in England, the Secretary of State may, after consulting the local planning authority, serve such a notice.

93IAppeals against completion notices

1

Where a completion notice is served by a local planning authority under section 93H, any of the following may appeal to the Secretary of State against it (whether or not the notice was served on them)—

a

the owner of the land,

b

a person not within paragraph (a) with an interest in the land, and

c

a person who occupies the land by virtue of a licence.

2

An appeal may be brought on any of the following grounds—

a

that the appellant considers that the development will be completed within a reasonable period;

b

that the completion notice deadline is an unreasonable one;

c

that the notice was not served on the persons on whom it was required to be served under section 93H(5).

3

The Secretary of State may by regulations prescribe the procedure which is to be followed on appeals under this section.

4

The regulations may in particular include provision—

a

as to the period within which an appeal must be brought;

b

as to how an appeal is made;

c

as to the information to be supplied by the appellant;

d

as to how a local planning authority must respond to an appeal and the information to be supplied by the authority;

e

for the purpose of securing that the appeal is brought to the attention of persons in the locality of the development.

5

On an appeal under this section the Secretary of State may—

a

quash the completion notice,

b

vary the completion notice by substituting a later completion notice deadline, or

c

uphold the notice with the original completion notice deadline.

6

On an appeal under this section the Secretary of State may also correct any defect, error or misdescription in the completion notice if satisfied that the correction will not cause injustice to the appellant or the local planning authority.

7

If, on an appeal made on the ground referred to in subsection (1)(c), the Secretary of State determines that the completion notice was not served on a person on whom it should have been served, the notice need not be quashed if it appears to the Secretary of State that neither that person nor the appellant has been substantially prejudiced by that fact.

8

Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) applies in relation to any proceedings before the Secretary of State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250.

93JEffect of completion notices

1

The planning permission to which a completion notice relates becomes invalid at the completion notice deadline (whether as originally specified or substituted on appeal under section 93I).

2

Where an appeal is brought under section 93H the completion notice is of no effect pending the final determination or withdrawal of the appeal.

3

Subsection (1) does not affect any planning permission so far as relating to development carried out under it before the completion notice deadline.

3

Schedule 11 contains consequential amendments.

4

The amendments made by this section and Schedule 11 apply in relation to planning permission granted before, as well as to planning permission granted after, the coming into force of this section.

5

But a completion notice may not be served under section 93H of TCPA 1990 in a case where—

a

before the coming into force of this section, a completion notice was served under section 94(2) of TCPA 1990, and

b

that completion notice is awaiting confirmation under section 95 of TCPA 1990.

113Power to decline to determine applications in cases of earlier non-implementation etc

1

TCPA 1990 is amended as follows.

2

After section 70C insert—

70DPower to decline to determine applications in cases of earlier non-implementation etc

1

A local planning authority in England may decline to determine an application for planning permission for the development of any land if—

a

the development is development of a prescribed description,

b

the application is made by—

i

a person who has previously made an application for planning permission for development of land all or any part of which is in the local planning authority’s area at the time the current application is made (“the earlier application”), or

ii

a person who has a connection of a prescribed description with the development to which the earlier application related (“the earlier development”),

c

the earlier development was of a description prescribed under paragraph (a), and

d

subsection (2) or (3) applies to the earlier development.

2

This subsection applies to the earlier development if the earlier development has not begun.

3

This subsection applies to the earlier development if—

a

the earlier development has begun but has not been substantially completed, and

b

the local planning authority is of the opinion that the carrying out of the earlier development has been unreasonably slow.

4

In forming an opinion as to whether the carrying out of the earlier development has been unreasonably slow, the local planning authority must have regard to all the circumstances, including in particular—

a

in a case where a commencement notice under section 93G has been given, whether the development—

i

was begun by the date specified in the notice, and

ii

was carried out in accordance with any timescales specified in it,

b

whether a completion notice was served in respect of the earlier development under section 93H or (before the coming into force of section 93H) section 94 or 96 and, if so, whether the permission granted became invalid under section 93J or (as the case may be) section 95, and

c

any prescribed circumstances.

5

Where a person applies to a local planning authority for planning permission for development of a description prescribed under subsection (1)(a), the authority may by notice require the person to provide such information, being information of a prescribed description, as the authority may specify in the notice for the purpose of its functions under this section.

6

If a person does not comply with a notice under subsection (5) within the period of 21 days beginning with the day on which the notice was served, the local planning authority may decline to determine the application.

7

If a person to whom a notice under subsection (5) is given—

a

makes a statement purporting to comply with the notice which the person knows to be false or misleading in a material particular, or

b

recklessly makes such a statement which is false or misleading in a material particular,

the person is guilty of an offence.

8

A person guilty of an offence under subsection (7) is liable on summary conviction to a fine.

9

Subsection (1) does not permit a local planning authority to decline to determine an application for planning permission to which section 73, 73A or 73B applies.

3

In section 56 (time when development begins), in subsection (3), after “61D(5) and (7),” insert “70D,”.

4

In section 76C (provisions applying to applications under section 62A), in subsection (1), for “70C” substitute “70D”.

5

In section 78 (right to appeal), in subsection (2)(aa), after “or 70C” insert “or 70D”.

6

In section 174 (appeal against enforcement notice), in subsection (2AA)(b) (as substituted by section 118 of this Act), for “or 70C” substitute “, 70C or 70D”.

114Condition relating to development progress reports

1

TCPA 1990 is amended as follows.

2

In section 56(3) (time when development begun), after “89,” insert “90B,”.

3

Before section 91 (including the italic heading before that section) insert—

Development progress reports

90BCondition relating to development progress reports in England

1

This section applies where relevant planning permission is granted for relevant residential development in England.

2

The relevant planning permission must be granted subject to a condition that a development progress report must be provided to the local planning authority in whose area the development is to be carried out for each reporting period.

3

The first reporting period in relation to the development is to be a period—

a

beginning at a prescribed time or by reference to a prescribed event, and

b

during which the development is begun.

4

A new reporting period is to begin immediately after the end of a reporting period which is not the last reporting period.

5

A reporting period which is not the last reporting period is to be a period of 12 months.

6

The last reporting period is to be a period ending with the day on which the development is completed (subject to any provision made under subsection (9)).

7

A “development progress report”, in relation to relevant residential development, means a report which sets out—

a

the progress that has been made, and that remains to be made, towards completing the dwellings the creation of which the development is to involve, as at the end of the reporting period to which the report relates,

b

the progress which is predicted to be made towards completing those dwellings over each subsequent reporting period up to and including the last reporting period, and

c

such other information as may be prescribed in regulations under subsection (9).

8

If relevant planning permission is granted without the condition required by subsection (2), it is to be treated as having been granted subject to that condition.

9

The Secretary of State may by regulations make provision—

a

about the form and content of development progress reports;

b

about when and how development progress reports are to be provided to local planning authorities;

c

about who may or must provide development progress reports to local planning authorities;

d

about the provision of development progress reports and other information to local planning authorities where there is a change in circumstances in connection with relevant residential development, such as (for example) where the development is no longer intended to be completed in accordance with—

i

the relevant planning permission;

ii

a previous development progress report;

iii

any timescales specified in a commencement notice given under section 93G;

e

about when a condition under subsection (2) is to be treated as being discharged;

f

about when relevant residential development is to be treated as being completed for the purposes of this section.

10

In this section—

“relevant planning permission” means planning permission other than—

a

planning permission granted by a development order;

b

planning permission granted for development carried out before the grant of that permission;

c

planning permission granted for a limited period;

d

planning permission granted by an enterprise zone scheme;

e

planning permission granted by a simplified planning zone scheme;

“relevant residential development” means development which—

a

involves the creation of one or more dwellings, and

b

is of a prescribed description.

4

In section 69 (register of applications etc)—

a

in subsection (1), after paragraph (e) insert—

f

development progress reports under section 90B;

b

in subsection (2), after paragraph (b) insert—

c

such information as is prescribed with respect to development progress reports under section 90B that are provided to the local planning authority;

5

In section 70 (determination of applications: general considerations), in subsection (1)(a), after “sections” insert “90B,”.

6

In section 73 (determination of applications to develop land after non-compliance), before subsection (4) insert—

2E

Nothing in this section authorises the disapplication of the condition under section 90B (condition relating to development progress reports in England).

7

In section 96A (power to make non-material changes to planning permission), before subsection (4) insert—

3B

The conditions referred to in subsection (3)(b) do not include the condition under section 90B (condition relating to development progress reports in England).

8

In section 97 (revocation or modification of planning permission), at the end insert—

9

Subsection (1) does not permit the revocation or modification of the condition under section 90B (condition relating to development progress reports in England).

9

In section 100ZA(13)(c) (restrictions on power to impose planning conditions in England), as amended by paragraph 3(12) of Schedule 14 to the Environment Act 2021, at the end insert “or the condition under section 90B (condition relating to development progress reports in England)”.

10

Until paragraph 3(12) of Schedule 14 to the Environment Act 2021 comes into force, section 100ZA(13)(c) has effect as if at the end there were inserted “but do not include the condition under section 90B (condition relating to development progress reports in England)”.

Chapter 5Enforcement of planning controls

115Time limits for enforcement

1

In section 171B of TCPA 1990 (time limits), in subsection (1), for the words from “four years” to the end substitute—

a

in the case of a breach of planning control in England, ten years beginning with the date on which the operations were substantially completed, and

b

in the case of a breach of planning control in Wales, four years beginning with the date on which the operations were substantially completed.

2

In that section, in subsection (2), for the words from “four years” to the end substitute—

a

in the case of a breach of planning control in England, ten years beginning with the date of the breach, and

b

in the case of a breach of planning control in Wales, four years beginning with the date of the breach.

116Duration of temporary stop notices

1

Section 171E of TCPA 1990 (temporary stop notices) is amended as follows.

2

In subsection (7)(a), for “period of 28 days” substitute “relevant period”.

3

After subsection (7) insert—

8

In subsection (7)(a), “relevant period” means—

a

in the case of a notice issued by a local planning authority in England, 56 days;

b

in the case of a notice issued by a local planning authority in Wales, 28 days.

117Enforcement warning notices

1

TCPA 1990 is amended as follows.

2

In section 171A (expressions used in connection with enforcement), in subsection (2)—

a

before paragraph (a) insert—

za

the issue of an enforcement warning notice in relation to land in England under section 172ZA;

b

in paragraph (aa), for “(defined in section 173ZA)” substitute “in relation to land in Wales under section 173ZA”.

3

Before section 172A insert—

172ZAEnforcement warning notice: England

1

The local planning authority may issue a notice (an “enforcement warning notice”) where it appears to them that—

a

there has been a breach of planning control in respect of any land in England, and

b

there is a reasonable prospect that, if an application for planning permission in respect of the development concerned were made, planning permission would be granted.

2

The notice must—

a

state the matters that appear to the authority to constitute the breach of planning control, and

b

state that, unless an application for planning permission is made within a period specified in the notice, further enforcement action may be taken.

3

A copy of the notice must be served—

a

on the owner and the occupier of the land to which it relates, and

b

on any other person having an interest in the land, being an interest that, in the opinion of the authority, would be materially affected by the taking of any further enforcement action.

4

The issue of an enforcement warning notice does not affect any other power exercisable in respect of any breach of planning control.

4

In section 188 (register of enforcement and stop notices and other enforcement action) in subsection (1)—

a

after paragraph (za) insert—

zb

to enforcement warning notices under section 172ZA (enforcement warning notice: England),

b

in paragraph (aa), at the end insert “under section 173ZA (enforcement warning notice: Wales)”.

5

In that section, in subsection (2)—

a

in paragraph (a), for “enforcement warning notice” substitute “enforcement warning notice under section 172ZA or 173ZA”;

b

in paragraph (b), after “enforcement notices” insert “and enforcement warning notices under section 172ZA”.

118Restriction on appeals against enforcement notices

In section 174 of TCPA 1990 (appeal against enforcement notice), for subsections (2A) and (2B) substitute —

2A

An appeal may not be brought on the ground specified in subsection (2)(a) if—

a

the land to which the enforcement notice relates is in England, and

b

the enforcement notice was issued at a time after the making of an application for planning permission that was related to the enforcement notice.

2AA

For the purposes of subsection (2A)—

a

an application for planning permission for the development of any land is related to an enforcement notice if granting planning permission for the development would involve granting planning permission in respect of the matters specified in the enforcement notice as constituting a breach of planning control;

b

an application for planning permission that the local planning authority or the Secretary of State declined to determine under section 70A, 70B or 70C is to be ignored.

2AB

But subsection (2A) does not apply if—

a

the application for planning permission has ceased to be under consideration, and

b

the enforcement notice was issued after the end of the period of two years beginning with the day on which the application ceased to be under consideration.

2AC

For the purposes of subsection (2AB), an application for planning permission has ceased to be under consideration if—

a

the application was refused, or granted subject to conditions, and, in the case of an application determined by the local planning authority, the applicant did not appeal under section 78(1)(a);

b

the applicant did not appeal in the circumstances mentioned in section 78(2) and the application was not subsequently refused;

c

the applicant appealed under section 78(1)(a) or section 78(2) and—

i

the appeal was dismissed,

ii

the application was on appeal granted subject to conditions, or subject to different conditions, or

iii

the Secretary of State declined under section 79(6) to determine the appeal.

2B

For the purposes of subsection (2AB), the day on which the application ceased to be under consideration is—

a

in a case within subsection (2AC)(a), the day on which the right to appeal arose;

b

in a case within subsection (2AC)(b), the day after the end of the prescribed period referred to in section 78(2);

c

in a case within subsection (2AC)(c)(i), the day on which the appeal was dismissed;

d

in a case within subsection (2AC)(c)(ii), the day on which the appeal was determined;

e

in a case within subsection (2AC)(c)(iii) relating to an appeal under section 78(1)(a), the day on which the right to appeal arose;

f

in a case within subsection (2AC)(c)(iii) relating to an appeal under section 78(2), the day after the end of the prescribed period referred to in section 78(2).

119Undue delays in appeals

1

TCPA 1990 is amended as follows.

2

In section 176 (determination of appeals relating to enforcement notices), at the end insert—

6

If at any time before or during the determination of an appeal against an enforcement notice issued by a local planning authority in England it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, the Secretary of State may—

a

give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are so specified for the expedition of the appeal, and

b

if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

3

In section 195 (appeals relating to certificates of lawfulness), after subsection (3) insert—

3A

Where the local planning authority referred to in subsection (1) is in England, if at any time before or during the determination of an appeal under subsection (1)(a) or (b) it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, the Secretary of State may—

a

give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are so specified for the expedition of the appeal, and

b

if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

4

In Schedule 6 (determination of certain appeals by person appointed by Secretary of State), in paragraph 2 (powers and duties of appointed person)—

a

in sub-paragraph (1)(b) for “and (5)” substitute “, (5) and (6)”;

b

in sub-paragraph (1)(c), for “and (3)” substitute “, (3) and (3A)”.

120Penalties for non-compliance

1

In section 187A of TCPA 1990 (enforcement of conditions), in subsection (12), for the words from “to a fine” to the end substitute—

a

to a fine, if the land is in England, or

b

to a fine not exceeding level 3 on the standard scale, if the land is in Wales.

2

In section 216 of TCPA 1990 (penalty for non-compliance with section 215 notice)—

a

in subsection (2), for the words from “to a fine” to the end substitute—

a

to a fine, if the land is England, or

b

to a fine not exceeding level 3 on the standard scale, if the land is in Wales.

b

in subsection (6), for “one-tenth of level 3 on the standard scale” substitute “the relevant amount”;

c

after subsection (6) insert—

6A

In subsection (6) “the relevant amount” means—

a

if the land is in England, one-tenth of the greater of—

i

£5000, or

ii

level 4 on the standard scale;

b

if the land is in Wales, one-tenth of level 3 on the standard scale.

121Power to provide relief from enforcement of planning conditions

After section 196D of TCPA 1990 insert—

Relief from enforcement

196EPower to provide relief from enforcement of planning conditions

1

The Secretary of State may by regulations provide that a local planning authority in England may not take, or is subject to specified restrictions in how it may take, relevant enforcement measures in relation to any actual or apparent failure to comply with a relevant planning condition.

2

The Secretary of State may make regulations under subsection (1) only if the Secretary of State considers that it is appropriate to make the regulations for the purposes of national defence or preventing or responding to civil emergency or significant disruption to the economy of the United Kingdom or any part of the United Kingdom.

3

The power in subsection (1) may only be exercised in respect of an actual or apparent failure which occurs during a specified period of not more than one year (the “relief period”) or which is apprehended during the relief period to so occur (but see subsections (7) and (8)).

4

A “relevant enforcement measure” is anything which may be done by a local planning authority in England for the purposes of investigating, preventing, remedying or penalising an actual or apparent failure to comply with a relevant planning condition.

5

A relevant enforcement measure includes, in particular—

a

the exercise of a power under—

i

section 171BA (power to apply for planning enforcement order);

ii

section 187B (power to apply to court for injunction);

iii

section 196A (power to enter without a warrant);

iv

section 196B (power to apply for, and enter under, warrant);

b

the issue of—

i

a planning contravention notice under section 171C,

ii

a temporary stop notice under section 171E,

iii

an enforcement notice under section 172,

iv

an enforcement warning notice under section 172ZA,

v

a stop notice under section 183, or

vi

a breach of condition notice under section 187A.

6

A “relevant planning condition” is a condition or limitation subject to which planning permission for development of land in England is granted, but does not include a condition under—

a

section 90A and Schedule 7A (condition relating to biodiversity gain);

b

section 90B (condition relating to development progress reports);

c

section 91 (condition limiting duration of planning permission);

d

section 92 (conditions for outline planning permission).

7

Regulations under subsection (1) may make provision as to the treatment of an actual or apparent failure to comply with a relevant planning condition, which—

a

starts before, but continues after, the start of the relief period, or

b

starts during, but continues after, that period.

8

Regulations under subsection (1) may provide that an actual or apparent failure to comply with a relevant planning condition is not to be treated as occurring during the relief period, if the failure—

a

occurs wholly during the period, and

b

is not remedied by a specified time after the period.

9

Regulations under subsection (1) may make provision that, where anything relating to the taking of a relevant enforcement measure is to be or may be done by a time during the relief period, it is to be or may be instead done by a specified time after that period.

10

Regulations under subsection (1) may—

a

apply in relation to all, or only specified, local planning authorities in England;

b

apply in relation to all, or only specified, relevant planning conditions;

c

apply in relation to all, or only specified, relevant enforcement measures;

d

prevent the taking of relevant enforcement measures indefinitely or only for a specified period of time.

11

In this section, “specified” means specified or described in regulations under subsection (1).

Chapter 6Other provision

122Consultation before applying for planning permission

In section 122 of the Localism Act 2011 (consultation before applying for planning permission in England), omit subsections (3) and (4) (which provide for the expiry of sections 61W to 61Y of TCPA 1990).

123Duty in relation to self-build and custom housebuilding

1

In section 2A of the Self-build and Custom Housebuilding Act 2015 (duty to grant planning permissions etc)—

a

in subsection (2)—

i

omit “suitable”;

ii

for “in respect of enough serviced plots” substitute “for the carrying out of self-build and custom housebuilding on enough serviced plots”;

iii

for “arising in” substitute “in respect of”;

b

after subsection (5) insert—

5A

Regulations may make provision specifying descriptions of planning permissions or permissions in principle that are, or are not, to be treated as development permission for the carrying out of self-build and custom housebuilding for the purposes of this section.

c

in subsection (6), for paragraph (a) substitute—

a

the demand for self-build and custom housebuilding in an authority’s area in respect of a base period is the aggregate of—

i

the demand for self-build and custom housebuilding arising in the authority’s area in the base period; and

ii

any demand for self-build and custom housebuilding that arose in the authority’s area in an earlier base period and in relation to which—

A

the time allowed for complying with the duty in subsection (2) expired during the base period in question, and

B

the duty in subsection (2) has not been met;

aa

the demand for self-build and custom housebuilding arising in an authority’s area in a base period is evidenced by the number of entries added during that period to the register under section 1 kept by the authority;

d

omit subsection (6)(c);

e

in subsection (9)(b), for “arising in” substitute “in respect of”.

2

In section 4 of the Self-build and Custom Housebuilding Act 2015 (regulations), in subsection (2), before paragraph (za) insert—

zza

section 2A(5A),

124Powers as to form and content of planning applications

1

Before section 327A of TCPA 1990 insert—

327ZAPlanning applications in England: powers as to form and content

1

Subsections (2) to (3) apply to a relevant power to make provision about—

a

the form or manner in which a planning application is to be made, or

b

the form or manner in which an associated document is to be provided.

2

The power includes power to make provision requiring or allowing the application to be made, or the associated document to be provided—

a

by particular electronic means, or

b

by electronic means that satisfy particular technical standards or specifications.

3

The power includes power to make provision requiring or allowing the authority to which a planning application is (or is to be) made to waive a requirement of a sort described in subsection (2).

4

Subsection (5) applies to a relevant power to make provision about the content of a planning application or associated document.

5

The power includes power to make provision requiring the application or associated document, or any particular content of it, to be prepared or endorsed by a person with particular qualifications or experience.

6

Subsection (7) applies to any power within subsection (1) or (4).

7

The power may be exercised by making provision referring (and giving effect) to such material of a particular description as is published from time to time by the Secretary of State on a government website together with a statement that it has effect for the purposes of the provision in question.

8

Provision that may be made by virtue of subsection (7) includes, for example, provision requiring or allowing a planning application to be made (or an associated document to be provided) using such a form, or in accordance with such specifications, as are published from time to time as mentioned in that subsection.

9

In this section, a “relevant power to make provision” about a certain matter is a power of the Secretary of State under this Act to make subordinate provision about that matter, if and so far as the power is exercisable in relation to England.

10

It is irrelevant for the purposes of subsection (9) in what terms a power is conferred (and, in particular, whether it relates specifically to the matter in question or is a more general power capable of exercise in relation to that matter).

11

In this section—

“associated document” means any document or other material that—

a

accompanies, relates to, or is or is to be subject of, a planning application, and

b

is required by or under this Act to be provided by or on behalf of the person making the application;

“planning application” means—

a

an application under, or for the purposes of, any provision of Part 3 or 8 of this Act or any subordinate provision made under that Part, or

b

an application under section 191 or 192,

but does not include an application made in legal proceedings;

“provided” includes prepared, submitted, issued, served, notified and published;

“subordinate provision” means provision in an order or in regulations.

2

In section 62(2A) of TCPA 1990 (powers relating to applications for planning permission to include certain applications under conditions), before paragraph (a) insert—

za

applications for any consent, agreement or approval required by a condition under section 61C(1)(b),

3

In paragraph 14 of Schedule 7A to TCPA 1990 (biodiversity gain plans) at the end insert—

4

Section 327ZA applies to the power conferred by sub-paragraph (3) as if a biodiversity gain plan were an “associated document” within the meaning of that section.

4

In section 17 of the Listed Buildings Act (conditions of listed building consent), after subsection (3) insert—

4

Regulations under this Act in relation to England may, in relation to applications made pursuant to a condition attached to listed building consent, make any provision corresponding to provision that may be made in relation to applications for such consent under section 10(3).

5

In section 89 of the Listed Buildings Act (application of general provisions of TCPA 1990)—

a

in subsection (1), after the entry for section 323A insert—

section 327ZA (powers as to form and content of applications in England);

b

before subsection (1A) insert—

1ZC

In section 327ZA of the principal Act as applied by this section, references to a planning application are to be read as references to an application under, or for the purposes of, any provision of Chapter 2 of Part 1 of this Act or any subordinate provision made under that Chapter (but are not to be read as including an application made in legal proceedings).

6

In section 10 of the Hazardous Substances Act (conditions of hazardous substance consent), after subsection (3) insert—

4

Regulations in relation to England may, in relation to applications made pursuant to a condition attached to hazardous substance consent, make any provision corresponding to provision that may be made in relation to applications for such consent under section 7.

7

In section 37 of the Hazardous Substances Act (application of general provisions of TCPA 1990)—

a

in subsection (2), after the entry for section 323A insert—

section 327ZA (powers as to form and content of applications in England);

b

at the end insert—

5

In section 327ZA of the principal Act as applied by this section, references to a planning application are to be read as references to an application under, or for the purposes of, any provision of this Act or any subordinate provision made under this Act (but are not to be read as including an application made in legal proceedings).

125Additional powers in relation to planning obligations

In section 106A of TCPA 1990 (modification and discharge of planning obligations), after subsection (9) insert—

9A

Regulations may make provision for, or in connection with—

a

requirements which must be met in order for a planning obligation in respect of land in England to be modified or discharged; and

b

circumstances in which a planning obligation in respect of land in England may not be modified or discharged.

126Fees for certain services in relation to nationally significant infrastructure projects

1

After section 54 of the Planning Act 2008 (rights of entry: Crown land) insert—

Chapter 4Fees

54APower to provide for fees for certain services in relation to nationally significant infrastructure projects

1

The Secretary of State may make regulations for and in connection with the charging of fees by prescribed public authorities in relation to the provision of relevant services.

2

A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided in connection with—

a

an application or proposed application—

i

for an order granting development consent, or

ii

to make a change to, or revoke, such an order, or

b

any other prescribed matter relating to nationally significant infrastructure projects.

3

The regulations under subsection (1) may in particular make provision—

a

about when a fee (including a supplementary fee) may, and may not, be charged;

b

about the amount which may be charged;

c

about what may, and may not, be taken into account in calculating the amount charged;

d

about who is liable to pay a fee charged;

e

about when a fee charged is payable;

f

about the recovery of fees charged;

g

about waiver, reduction or repayment of fees;

h

about the effect of paying or failing to pay fees charged (including provision permitting a public authority prescribed under subsection (1) to withhold a relevant service that they would otherwise be required to provide under an enactment until any outstanding fees for that service are paid);

i

for the supply of information for any purpose of the regulations;

j

conferring a function, including a function involving the exercise of a discretion, on any person.

4

A public authority prescribed under subsection (1) must have regard to any guidance published by the Secretary of State in relation to the exercise of its functions under the regulations.

5

In this section, “public authority” means any person certain of whose functions are of a public nature.

127Power to shorten deadline for examination of development consent order applications

1

Section 98 of the Planning Act 2008 (timetable for examining, and reporting on, application for development consent order) is amended as follows.

2

After subsection (4) insert—

4A

The Secretary of State may set a date for a deadline under subsection (1) that is earlier than the date for the time being set.

3

In subsection (6), after “subsection (4)” insert “or (4A)”.

128Additional powers in relation to non-material changes to development consent orders

In paragraph 2 of Schedule 6 to the Planning Act 2008 (non-material changes), after sub-paragraph (1) insert—

1A

The Secretary of State may by regulations make provision about—

a

the decision-making process in relation to the exercise of the power conferred by sub-paragraph (1);

b

the making of the decision as to whether to exercise that power;

c

the effect of a decision to exercise that power.

This is subject to sub-paragraph (2).

1B

The power to make regulations under sub-paragraph (1A) includes power to allow a person to exercise a discretion.

129Hazardous substances consent: connected applications to the Secretary of State

In section 62A of TCPA 1990 (when application may be made directly to the Secretary of State), in subsection (3)(a)—

a

in sub-paragraph (i) omit “or”;

b

after that sub-paragraph insert—

ia

an application for hazardous substances consent under the Planning (Hazardous Substances) Act 1990, or

130Regulations and orders under the Planning Acts

1

In section 333 of TCPA 1990 (regulations and orders)—

a

after subsection (2A) insert—

2B

Regulations made under this Act may make consequential, supplementary, incidental, transitional, transitory or saving provision.

b

after subsection (7) insert—

8

Orders made under this Act by statutory instrument may make consequential, supplementary, incidental, transitional, transitory or saving provision.

2

In section 238 of TCPA 1990 (consecrated land), in subsection (5)(c), for the words from “contain” to the end substitute “in particular by virtue of section 333(2B) include provision as to the closing of registers”.

3

In TCPA 1990, omit the following—

a

section 61Z2(3);

b

section 106ZB(2)(a);

c

in section 116(2), the words “and incidental or supplementary provision”;

d

b

at the end insert “only for the purposes of subsection (4) of that section”.

132Pre-consolidation amendment of planning, development and compulsory purchase legislation

1

The Secretary of State may by regulations make such amendments and modifications of the relevant enactments as in the Secretary of State’s opinion facilitate, or are otherwise desirable in connection with, the consolidation of some or all of those enactments.

2

“Relevant enactments” means—

a

the enactments listed in subsection (3), and

b

any other enactments, whenever passed or made, so far as relating to—

i

planning or development, or

ii

the compulsory purchase of land (including compensation for such purchases).

3

The enactments referred to in subsection (2)(a) are—

the Land Clauses Consolidation Act 1845;

the Railway Clauses Consolidation Act 1845;

sections 9, 13, 76 and 77 of the National Parks and Access to the Countryside Act 1949;

the Land Compensation Act 1961;

the Compulsory Purchase Act 1965;

the Agriculture Act 1967;

the Civic Amenities Act 1967;

the Land Compensation Act 1973;

sections 13 to 16 of (and Schedule 1 to) the Local Government (Miscellaneous Provisions) Act 1976;

Parts 13, 14, 16 and 18 of the Local Government, Planning and Land Act 1980;

the Compulsory Purchase (Vesting Declarations) Act 1981;

the Acquisition of Land Act 1981;

the New Towns Act 1981;

Part 3 of the Housing Act 1988;

TCPA 1990;

the Listed Buildings Act;

the Hazardous Substances Act;

the Planning and Compensation Act 1991;

Part 3 and section 96 of (and Schedule 14 to) the Environment Act 1995;

GLAA 1999;

PCPA 2004;

the Planning Act 2008;

the Planning and Energy Act 2008;

Chapter 3 of Part 5, Part 6 and Chapter 2 of Part 8 of the Localism Act 2011;

Parts 6 and 7 of the Housing and Planning Act 2016;

section 15 of the Neighbourhood Planning Act 2017;

Parts 3 to 9 of this Act.

4

For the purposes of this section, “amend” includes repeal and revoke (and similar terms are to be read accordingly).

5

Subsection (6) applies where, in the Secretary of State’s opinion, an amendment or modification made by regulations under this section facilitates or is otherwise desirable in connection with the consolidation of certain relevant enactments.

6

The regulations must provide that the amendment or modification comes into force immediately before an Act consolidating those relevant enactments comes into force.

7

Regulations under this section must not make any provision which is within—

a

Scottish devolved legislative competence,

b

Welsh devolved legislative competence, or

c

Northern Ireland devolved legislative competence,

unless that provision is a restatement of provision or is merely incidental to, or consequential on, provision that would be outside that legislative competence.

8

For the purposes of subsection (7)—

a

provision is within “Scottish devolved legislative competence” where, if it were included in an Act of the Scottish Parliament, it would be within the legislative competence of that Parliament;

b

provision is within “Welsh devolved legislative competence” where, if it were included in an Act of Senedd Cymru, it would be within the legislative competence of the Senedd (including any provision that could be made only with the consent of a Minister of the Crown);

c

provision is within “Northern Ireland devolved legislative competence” where the provision—

i

would be within the legislative competence of the Northern Ireland Assembly, if it were included in an Act of that Assembly, and

ii

would not, if it were included in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State.

9

In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

133Participation in certain proceedings conducted by, or on behalf of, the Secretary of State

1

The Secretary of State may, to the extent not otherwise able to do so, require or permit a person who takes part in relevant proceedings conducted by the Secretary of State to do so (wholly or partly) remotely.

2

The references in subsection (1) to the Secretary of State include references to a person appointed by the Secretary of State.

3

“Relevant proceedings” means any inquiry, hearing, examination, meeting or other proceedings under an Act (whenever passed or made) which relate to planning, development or the compulsory purchase of land.

4

Relevant proceedings include, in particular—

a

any proceedings to which section 319A of TCPA 1990 applies (see subsections (7) to (10) of that section);

b

any proceedings under section 20 of, or paragraph 6 of Schedule 3 to, the Listed Buildings Act;

c

any proceedings under section 21 of, or paragraph 6 of the Schedule to, the Hazardous Substances Act;

d

any proceedings under section 13A of, or paragraph 4A of Schedule 1 to, the Acquisition of Land Act 1981;

e

any proceedings under Part 10A or Part 11 of the Planning Act 2008;

f

an examination under Part 2 of PCPA 2004;

g

an examination under Chapter 2 or 3 of Part 6 of the Planning Act 2008 (including any meetings under Chapter 4 of that Part) in relation to an application for an order granting development consent;

h

an examination under Schedule 4B to the TCPA 1990 in relation to a draft neighbourhood development order.

5

For the purposes of this section a person takes part in relevant proceedings remotely if they take part through—

a

a live telephone link,

b

a live television link, or

c

any other arrangement which does not involve the person attending the proceedings in person.

134Power of certain bodies to charge fees for advice in relation to applications under the Planning Acts

After section 303ZA of the TCPA 1990 (fees for appeals) insert—

303ZBPower of certain bodies to charge fees for advice in relation to applications under the planning Acts

1

A prescribed body may charge fees for the provision of advice, information or assistance (including the provision of a response to a consultation) in connection with an application within subsection (2) that relates to land in England.

2

An application is within this subsection if it is an application, proposed application or proposal for a permission, approval or consent under, or for the purposes of, the planning Acts.

3

A prescribed body may not charge fees under subsection (1) in respect of—

a

a response to a consultation that a qualifying neighbourhood body is required to carry out under an enactment;

b

the provision of prescribed advice, information or assistance or advice, information or assistance of a prescribed description.

4

In subsection (3)(a), a “qualifying neighbourhood body” means—

a

a qualifying body within the meaning given by section 61E(6) (and includes a community organisation which is to be regarded as such a qualifying body by virtue of paragraph 4(2) of Schedule 4C), or

b

a qualifying body within the meaning given by section 38A(12) of the Planning and Compulsory Purchase Act 2004.

5

A prescribed body may charge fees under subsection (1) only in accordance with a statement published on its website which—

a

describes the advice, information or assistance in respect of which fees are charged,

b

sets out the fees (or, if applicable, the method by which the fees are to be calculated), and

c

refers to any provision in an enactment pursuant to which the advice, information or assistance is provided.

6

Subsections (7) and (8) apply where a prescribed body decides to charge fees under subsection (1) for advice, information or assistance which the body provides pursuant to a provision in an enactment.

7

If a person fails to pay the fee charged under subsection (1), the prescribed body may, notwithstanding any requirement to provide the advice, information or assistance, withhold the advice, information or assistance until the fee is paid.

8

The prescribed body must secure that, taking one financial year with another, the income from the fees charged under subsection (1) does not exceed the cost of providing the advice, information or assistance.

9

A financial year is the period of 12 months beginning with 1 April.

10

Before making regulations under this section, the Secretary of State must consult—

a

any body likely to be affected by the regulations, and

b

such other persons as the Secretary of State considers appropriate.

11

In this section, “fees” include charges (however described).

135Biodiversity net gain: pre-development biodiversity value and habitat enhancement

In Schedule 7A to the TCPA 1990 (biodiversity gain in England)—

a

in paragraph 5(4), after “6” insert “, 6A, 6B”;

b

after paragraph 6 insert—

6A

If—

a

a person carries on activities on land on or after 25 August 2023 in accordance with a planning permission (other than the planning permission referred to in paragraph 5(1)),

b

on the relevant date, development for which that other planning permission was granted—

i

has not been begun, or

ii

has been begun but has not been completed, and

c

as a result of the activities the biodiversity value of the onsite habitat referred to in paragraph 5(1) is lower on the relevant date than it would otherwise have been,

the pre-development biodiversity value of the onsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.

6B

1

This paragraph applies where there is insufficient evidence of the biodiversity value of an onsite habitat immediately before the carrying on of the activities referred to in paragraph 6 or 6A.

2

The biodiversity value of the onsite habitat immediately before the carrying on of the activities referred to in paragraph 6 or 6A is to be taken to be the highest biodiversity value of the onsite habitat which is reasonably supported by any available evidence relating to the onsite habitat.

c

in paragraph 10—

i

in sub-paragraph (1), after “habitat enhancement” insert “of an offsite habitat”;

ii

after sub-paragraph (1) insert—

1A

For the purposes of sub-paragraph (1) (and without prejudice to paragraphs 3 and 4(1)), a habitat enhancement is calculated as the amount by which the projected value of the offsite habitat as at the end of the maintenance period referred to in section 100(2)(b) of the Environment Act 2021 exceeds its pre-enhancement biodiversity value.

1B

The pre-enhancement biodiversity value of an offsite habitat is the biodiversity value of the offsite habitat on the relevant date.

1C

The relevant date is—

a

the date on which the application is made to register the land subject to the habitat enhancement in the biodiversity gain site register, or

b

such other date as may be specified in the conservation covenant or planning obligation.

1D

But if—

a

a person carries on activities on an offsite habitat on or after 25 August 2023 otherwise than in accordance with—

i

planning permission, or

ii

any other permission of a kind specified by the Secretary of State by regulations, and

b

as a result of the activities the biodiversity value of the offsite habitat is lower on the relevant date than it would otherwise have been,

the pre-enhancement biodiversity value of the offsite habitat is to be taken to be its biodiversity value immediately before the carrying on of the activities.

d

in paragraph 12(1), after the definition of “onsite habitat” insert—

“offsite habitat” means habitat which is not onsite habitat.

136Development affecting ancient woodland

1

Before the end of the period of three months beginning with the day on which this Act is passed, the Secretary of State must vary the Town and Country Planning (Consultation) (England) Direction 2021 (“the 2021 Direction”) so that it applies in relation to applications for planning permission for development affecting ancient woodland.

2

In subsection (1) “ancient woodland” means an area in England which has been continuously wooded since at least the end of the year 1600 A.D.

3

This section does not affect whether or how the Secretary of State may withdraw or vary the 2021 Direction after it has been varied as mentioned in subsection (1).

Part 4Infrastructure Levy and Community Infrastructure Levy

137Infrastructure Levy: England

Schedule 12 makes provision for, and in connection with, the imposition, in England, of a charge to be known as Infrastructure Levy.

138Power to designate Homes and Communities Agency as a charging authority

In section 14 of the Housing and Regeneration Act 2008 (contents of designation orders), after subsection (6) insert—

6A

The order may provide that where the HCA is the local planning authority for the whole or any part of the designated area it is to be a charging authority under section 204B(3)(b) of the Planning Act 2008 (Infrastructure Levy) for the whole or any part of that area—

a

for all or specified purposes,

b

in relation to all or specified kinds of development, and

c

in place of any person or body who would otherwise be the charging authority for that area, for those purposes, and in relation to those kinds of development.

139Restriction of Community Infrastructure Levy to Greater London and Wales

1

Part 11 of the Planning Act 2008 (Community Infrastructure Levy) is amended as follows.

2

In the Part heading, at the end insert “: Greater London and Wales”.

3

In section 205 (the levy)—

a

in subsection (1), after “imposition” insert “, in Greater London and Wales,”;

b

in subsection (3), in the Table, omit the second entry.

4

In section 206 (the charge)—

a

in subsection (1), after “A charging authority” insert “in Greater London or Wales”;

b

for subsection (3) substitute—

3

The Mayor of London is the charging authority for Greater London.

c

in subsection (4)—

i

in the words before paragraph (a), for “, or in the case of Greater London one of the charging authorities,” substitute “in Wales”;

ii

in the words before paragraph (a), omit “, (3)(b) or (c)”;

iii

in paragraph (a), at the end insert “in Wales, and”;

iv

omit paragraphs (c) to (e);

d

in subsection (5)—

i

omit paragraph (a) (together with the “and” at the end of that paragraph);

ii

in paragraph (b) omit “in relation to Wales”;

e

omit subsection (6).

5

Omit section 207 (joint committees).

6

In section 223(1) (relationship with other powers), before paragraph (a) insert—

za

Part 10A (Infrastructure Levy: England) (including any power conferred by IL regulations under that Part),

140Enforcement of Community Infrastructure Levy

1

In section 218 of the Planning Act 2008 (enforcement), for subsections (11) and (12) substitute—

11

Regulations under this section creating a criminal offence may not provide for—

a

imprisonment for a term exceeding the maximum term for summary offences, on summary conviction for an offence triable summarily only,

b

imprisonment for a term exceeding the general limit in a magistrates’ court, on summary conviction for an offence triable either way, or

c

imprisonment for a term exceeding 2 years, on conviction on indictment.

12

In subsection (11)(a), “the maximum term for summary offences” means—

a

in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;

b

in relation to an offence committed after that time, 51 weeks.

Part 5Community land auction pilots

Community land auction arrangements

141Community land auction arrangements and their purpose

1

In making CLA regulations the Secretary of State must aim to ensure that the overall purpose of community land auction arrangements is to ensure that costs incurred in—

a

supporting the development of an area, and

b

c

when, or the circumstances in which, a CLA option may or must cease to have effect;

d

when, or the circumstances in which, a CLA option may or must be withdrawn;

e

when, the circumstances in which or the terms on which, a CLA option may or must be disposed of;

f

sums that are to be paid under or in connection with a CLA option (including provision permitting or requiring such sums to be adjusted to reflect changes in the value of money);

g

the form and content of a CLA option.

142Power to permit community land auction arrangements

b

disposing of the option.

144Duty to pass CLA receipts to other persons

1

recovery of the CLA receipts, and any income or profits accruing in respect of them or from their application, in cases where—

i

anything to be funded by them has not been provided, or

ii

they have been misapplied,

including recovery of sums or other assets representing them or any such income or profits, and

f

use of anything recovered in cases where—

i

anything to be funded by the CLA receipts has not been provided, or

ii

the CLA receipts have been misapplied.

9

This section does not limit section 143(11)(f).

such part of those CLA receipts as is specified in, or determined under or in accordance with, CLA regulations.

147Power to provide for authorities making joint local plans

1

CLA regulations may make provision applying any provision made by or under this Part in relation to local planning authorities whose next local plan is to be a joint local plan, with or without modifications.

2

Where CLA regulations make provision under subsection (1) which permits local planning authorities that are to make a joint local plan to put in place a community land auction arrangement jointly, it must include provision about how CLA receipts deriving from that arrangement are to be shared between the authorities.

150Expiry of Part 5

1

This Part, other than section 148 and this section, expires at the end of the period of 10 years beginning with the date on which CLA regulations are first made.

2

Subsection (1) does not affect—

a

any community land auction arrangement which is put in place before the expiry of this Part (whether or not it comes to an end before this Part expires);

b

any CLA option, or allocation of land for development in a local plan, that is made under a community land auction arrangement which is put in place before the expiry of this Part (whether or not it comes to an end before this Part expires);

c

the treatment of any CLA receipts after the expiry of this Part.

3

Subsections (1) and (2) are subject to such transitional, transitory or saving provision as may be made by CLA regulations in connection with the expiry of this Part.

151Interpretation of Part 5

In this Part—

“CLA option” has the meaning given by section 141(4);

“CLA receipts” has the meaning given by section 143(1);

“CLA regulations” has the meaning given by section 141(2);

“community land auction arrangement” has the meaning given by section 141(3);

“joint local plan” and “local plan” have the same meaning as in Part 2 of PCPA 2004 (see, in particular, section 15LH of that Act);

“local planning authority” means a local planning authority for the purposes of Part 2 of PCPA 2004 (see, in particular, section 15LF of that Act) other than—

a joint committee constituted under section 15J of that Act,

an urban development corporation, a development corporation established under the New Towns Act 1981 or a Mayoral development corporation, or

the Homes and Communities Agency,

and references to the area of a local planning authority are to the area for which the authority is the local planning authority in accordance with Part 2 of PCPA 2004.

Part 6Environmental outcomes reports

Setting environmental outcomes

152Power to specify environmental outcomes

1

Regulations made by an appropriate authority under this Part (“EOR regulations”) may specify outcomes relating to environmental protection in the United Kingdom or a relevant offshore area that are to be “specified environmental outcomes” for the purposes of this Part.

2

“Environmental protection” means—

a

protection of the natural environment, cultural heritage and the landscape from the effects of human activity (including, amongst other things, the protection of chalk streams from abstraction and pollution);

b

protection of people from the effects of human activity on the natural environment, cultural heritage and the landscape;

c

maintenance, restoration or enhancement of the natural environment, cultural heritage or the landscape;

d

monitoring, assessing, considering, advising or reporting on anything in paragraphs (a) to (c).

3

The “natural environment” means—

a

plants, wild animals and other living organisms,

b

their habitats (including, amongst other things, chalk streams),

c

land (except buildings or other structures), air and water,

An appropriate authority may make EOR regulations only if satisfied that making the regulations will not result in environmental law providing an overall level of environmental protection that is less than that provided by environmental law at the time this Act is passed.

2

EOR regulations may not contain provision that is inconsistent with the implementation of the international obligations of the United Kingdom relating to the assessment of the environmental impact of relevant plans and relevant consents.

3

In exercising functions under this Part, an appropriate authority must seek to ensure that (so far as would not otherwise be the case) arrangements will exist under which the public will be informed of any proposed relevant consent or proposed relevant plan in sufficient detail, and at a sufficiently early stage, to enable adequate public engagement to take place.

4

In this section—

“adequate public engagement” means such engagement with the public, in relation to a proposed relevant consent or proposed relevant plan, as the appropriate authority considers appropriate;

that provision is contained in regulations which require the consent of the Welsh Ministers by virtue of subsection (4), or

b

that provision is merely incidental to, or consequential on, provision that would be outside Welsh devolved legislative competence.

6

“Devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).

7

8

The Secretary of State may only make EOR regulations which contain provision within Northern Ireland devolved legislative competence with the consent of the relevant Northern Ireland department, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.

9

The Secretary of State may only make EOR regulations which contain provision that could be made by a Northern Ireland department or that confers a function on, or modifies or removes a function of, a Northern Ireland department after consulting the relevant Northern Ireland department, unless—

a

that provision is contained in regulations which require the consent of the relevant Northern Ireland department by virtue of subsection (8), or

b

that provision is merely incidental to, or consequential on, provision that would be outside Northern Ireland devolved legislative competence.

10

11

Provision is within “Northern Ireland devolved legislative competence” where the provision—

a

would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and

b

would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State.

12

In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

158EOR regulations: devolved authorities

Schedule 13 contains restrictions on the exercise of the powers under this Part by devolved authorities.

159Exemptions for national defence and civil emergency etc

1

The Secretary of State may direct that no environmental outcomes report is required to be prepared in relation to a proposed relevant consent which is solely for the purposes of national defence or preventing or responding to civil emergency.

2

EOR regulations may provide for further circumstances in which the Secretary of State is to be able to direct that no environmental outcomes report is required to be prepared.

3

A direction under this section may provide that provision in EOR regulations specified in the direction applies (subject to any modifications specified in the direction), despite the fact that no environmental outcomes report is required to be prepared.

4

The Secretary of State may modify or revoke a direction under this section.

Enforcement

160Enforcement

163Guidance

1

A public authority carrying out a function under this Part, other than under regulations made by a devolved authority acting alone, must have regard to any guidance issued by the Secretary of State in relation to the function.

2

A public authority carrying out a function under regulations made under this Part by the Secretary of State acting jointly with one or more devolved authorities must have regard to any guidance issued by the Secretary of State or any of those devolved authorities in relation to the function.

3

Before issuing guidance under subsection (2)—

a

the Secretary of State must—

i

obtain the consent of the Scottish Ministers so far as the guidance relates to a matter provision about which would be within Scottish devolved legislative competence by virtue of section 157(3) or which could be made by the Scottish Ministers;

ii

obtain the consent of the Welsh Ministers so far as the guidance relates to a matter provision about which would be within Welsh devolved legislative competence (see section 157(7));

iii

obtain the consent of the relevant Northern Ireland department so far as the guidance relates to a matter provision about which would be within Northern Ireland devolved legislative competence (see section 157(11));

b

the Scottish Ministers must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would not be within Scottish devolved legislative competence by virtue of section 157(3) or which could not be made by the Scottish Ministers;

c

the Welsh Ministers must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would be outside Welsh devolved legislative competence (see section 157(7));

d

a Northern Ireland department must obtain the consent of the Secretary of State so far as the guidance relates to a matter provision about which would be outside Northern Ireland devolved legislative competence (see section 157(11)).

4

The “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the material which is to be contained in the guidance concerned.

5

A public authority carrying out a function under regulations made under this Part by a devolved authority acting alone must have regard to any guidance issued by the devolved authority in relation to the function.

6

A public authority carrying out a function under existing environmental assessment legislation listed in Part 1 of Schedule 14 (other than a function under Schedule 3 to the Harbours Act 1964 so far as relating to environmental impact assessments in Scotland) must have regard to any guidance issued by the Secretary of State in relation to the function.

7

A public authority carrying out a function under existing environmental assessment legislation listed in Part 2 of Schedule 14 must have regard to any guidance issued by the Scottish Ministers in relation to the function.

8

A public authority carrying out a function under existing environmental assessment legislation listed in Part 3 of Schedule 14 must have regard to any guidance issued by the Welsh Ministers in relation to the function.

9

A public authority carrying out a function under existing environmental assessment legislation listed in Part 4 of Schedule 14 must have regard to any guidance issued by a Northern Ireland department in relation to the function.

10

EOR regulations may require any person carrying out a function under EOR regulations to have regard to guidance issued by an appropriate authority in relation to the function, failing which the function is not to be regarded as having been validly carried out.

164Interaction with existing environmental assessment legislation and the Habitats Regulations

1

EOR regulations may make provision about, or in connection with, the interaction of this Part with existing environmental assessment legislation or the Habitats Regulations.

2

EOR regulations under this section may, in particular, include provision—

a

treating anything done, or omitted to be done, in relation to an environmental outcomes report as satisfying or failing to satisfy a requirement under relevant existing environmental assessment legislation or the relevant Habitats Regulations;

b

treating anything done, or omitted to be done, under existing environmental assessment legislation or the Habitats Regulations as satisfying or failing to satisfy a requirement imposed by or under this Part;

c

about the co-ordination of things done under this Part and things done under existing environmental assessment legislation or the Habitats Regulations;

d

disapplying or otherwise modifying any provision of relevant existing environmental assessment legislation or the relevant Habitats Regulations where preparation of an environmental outcomes report is required under this Part;

e

disapplying or otherwise modifying any provision of this Part or EOR regulations where something is done, or required to be done, under existing environmental assessment legislation or the Habitats Regulations.

3

EOR regulations under this section may amend, repeal or revoke relevant existing environmental assessment legislation.

4

In this section—

“the Habitats Regulations” means—

regulation 5 of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (S.I. 2001/1754);

regulation 24 and Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012);

regulations 27 to 37 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013);

the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716);

the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (S.R. (N.I.) 1995/380);

“the relevant Habitats Regulations” means—

in relation to EOR regulations made by the Secretary of State acting alone or jointly with one or more devolved authorities, the legislation listed in the definition of “the Habitats Regulations”;

in relation to EOR regulations made by the Scottish Ministers acting alone, the legislation listed in paragraph (d) of that definition;

in relation to EOR regulations made by the Welsh Ministers acting alone, the legislation listed in the definition of “the Habitats Regulations” so far as it applies in relation to Wales;

in relation to EOR regulations made by a Northern Ireland department acting alone, the legislation listed in paragraph (e) of that definition.

165Consequential repeal of power to make provision for environmental assessment

1

TCPA 1990 is amended as follows.

2

Omit section 71A (assessment of environmental effects).

3

In section 293A (urgent Crown development: application), in subsection (4), omit paragraph (a).

an Act or Measure of Senedd Cymru,

c

an Act of the Scottish Parliament,

d

Northern Ireland legislation, or

e

retained direct EU legislation.

167Interpretation of Part 6

1

“Existing environmental assessment legislation” means the legislation listed in Schedule 14.

2

“Relevant existing environmental assessment legislation” means—

a

in relation to EOR regulations made by the Secretary of State acting alone or jointly with one or more devolved authorities, the legislation listed in Schedule 14;

b

in relation to EOR regulations made by the Scottish Ministers acting alone, the legislation listed in Part 2 of that Schedule;

c

in relation to EOR regulations made by the Welsh Ministers acting alone, the legislation listed in Part 3 of that Schedule;

d

in relation to EOR regulations made by a Northern Ireland department acting alone, the legislation listed in Part 4 of that Schedule.

3

In this Part—

“appropriate authority” means—

the Secretary of State,

a devolved authority, or

the Secretary of State acting jointly with one or more devolved authorities;

“category 1 consent” and “category 2 consent” have the meaning given by section 154(1) and (2);

“cultural heritage” has the meaning given by section 152(4);

“devolved authority” means—

the Scottish Ministers,

the Welsh Ministers, or

a Northern Ireland department;

“environmental outcomes report” has the meaning given by section 153(4);

“environmental protection” has the meaning given by section 152(2);

“EOR regulations” has the meaning given by section 152(1);

“existing environmental assessment legislation” has the meaning given by subsection (1);

“natural environment” has the meaning given by section 152(3);

“project” has the meaning given by section 154(9);

“proposed”, in relation to a relevant consent or relevant plan, is to be construed in accordance with section 154(7);

“public authority” means—

any person with functions under, or functions in respect of which provision is made by, existing environmental assessment legislation when this Act is passed;

any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal;

“relevant consent” has the meaning given by section 154;

“relevant document” means a document or information for, or in respect of, which provision is made by EOR regulations or existing environmental assessment legislation;

“relevant existing environmental assessment legislation” has the meaning given by subsection (2);

“relevant offshore area” means any area in—

the territorial sea adjacent to the United Kingdom,

any area designated by Order in Council under section 1(7) of the Continental Shelf Act 1964, or

any area designated by Order in Council under section 41(3) of the Marine and Coastal Access Act 2009;

“relevant plan” has the meaning given by section 154(6);

“specified environmental outcome” has the meaning given by section 152(1).

Part 7Nutrient pollution standards

168Nutrient pollution standards to apply to certain sewage disposal works

1

After section 96A of the Water Industry Act 1991 insert—

96BNutrient pollution standards to apply to certain sewage disposal works

1

A sewerage undertaker whose area is wholly or mainly in England must—

a

in the case of each nitrogen significant plant comprised in its sewerage system—

i

secure that, by the upgrade date, the plant will be able to meet the nitrogen nutrient pollution standard, and

ii

on and after the upgrade date, secure that the plant meets that standard;

b

in the case of each phosphorus significant plant comprised in its sewerage system—

i

secure that, by the upgrade date, the plant will be able to meet the phosphorus nutrient pollution standard, and

ii

on and after the upgrade date, secure that the plant meets that standard.

2

In carrying out the duty under subsection (1), a sewerage undertaker must consider whether nature-based solutions, technologies and facilities relating to sewerage and water could be used to meet the standard.

3

“Nitrogen significant plant” means a plant in England that—

a

discharges treated effluent into a nitrogen sensitive catchment area, and

b

is not an exempt plant in relation to the nitrogen nutrient pollution standard.

4

“Phosphorus significant plant” means a plant in England that—

a

discharges treated effluent into a phosphorus sensitive catchment area, and

b

is not an exempt plant in relation to the phosphorus nutrient pollution standard.

96CSensitive catchment areas

1

Where the Secretary of State considers that a habitats site that is wholly or partly in England is in an unfavourable condition by virtue of pollution from nutrients in water comprising nitrogen or compounds of nitrogen, the Secretary of State may designate the catchment area for the habitats site as a nitrogen sensitive catchment area.

2

Where the Secretary of State considers that a habitats site that is wholly or partly in England is in an unfavourable condition by virtue of pollution from nutrients in water comprising phosphorus or compounds of phosphorus, the Secretary of State may designate the catchment area for the habitats site as a phosphorus sensitive catchment area.

3

In determining—

a

whether a habitats site is in an unfavourable condition by virtue of pollution from nutrients comprising nitrogen, phosphorus or compounds of nitrogen or phosphorus,

b

the catchment area for a habitats site, or

c

whether to exercise the power in subsection (4)(e),

the Secretary of State may take into account, in particular, advice from, or guidance published by, Natural England, the Environment Agency or the Joint Nature Conservation Committee.

4

A designation under subsection (1) or (2)—

a

must be in writing,

b

must be published as soon as practicable after being made,

c

takes effect—

i

on the day specified in the designation, or

ii

if none is specified, on the day on which it is made,

(the “designation date”),

d

if it takes effect after the end of the initial period, must specify the upgrade date (see section 96E(1)(b)), and

e

may specify the concentration that applies to a plant (which discharges into the catchment area) in relation to a nutrient pollution standard instead of the standard concentration.

5

A date specified under subsection (4)(d) as the upgrade date must be at least 7 years after the designation date.

6

Before specifying a concentration under subsection (4)(e), the Secretary of State must consult the Environment Agency.

7

A concentration specified under subsection (4)(e) ceases to have effect if, after the day on which the designation is made, the plant becomes an exempt plant.

8

A designation under this section may not be revoked; and it is immaterial for the purposes of the continued designation of an area whether subsection (1) or (2) continues to be satisfied in relation to it.

9

In this section “catchment area”, in relation to a habitats site, means the area where water, if released, would drain into the site.

96DExempt sewage disposal works

1

A plant is exempt in relation to a nutrient pollution standard if—

a

it has a capacity of less than a population equivalent of 2000 when the designation of the associated catchment area takes effect,

b

it has been designated by the Secretary of State as exempt in relation to the standard, or

c

it is exempt in relation to the standard under regulations under subsection (8).

This is subject to subsection (2).

2

The Secretary of State may designate a plant as not being exempt in relation to a nutrient pollution standard, unless—

a

the plant has a capacity of less than a population equivalent of 250, and

b

the designation takes effect after the designation of the associated catchment area takes effect.

3

A designation under subsection (1)(b) or (2)—

a

must be in writing,

b

must be published as soon as practicable after being made, and

c

takes effect—

i

on the day specified in the designation, or

ii

if none is specified, on the day on which it is made.

4

A designation under subsection (2) that takes effect after the designation of the associated catchment area takes effect must specify the upgrade date (see section 96E(2)(a)).

The upgrade date must be at least 7 years after the designation under subsection (2) takes effect.

5

A designation under subsection (2) may specify the concentration that applies to a plant in relation to a nutrient pollution standard instead of the standard concentration.

6

Before specifying a concentration under subsection (5), the Secretary of State must consult the Environment Agency.

7

A concentration specified under subsection (5) ceases to have effect if, after the day on which the designation is made, the plant again becomes an exempt plant.

8

The Secretary of State may by regulations specify plants or descriptions of plant that are to be exempt in relation to a nutrient pollution standard.

9

Subsections (10) and (11) apply where a plant that is exempt under regulations under subsection (8) can, by virtue of the regulations, cease to be exempt.

10

The regulations must specify or provide for determining the upgrade date (see section 96E(2)(b)) in relation to any plant that ceases, by virtue of the regulations, to be an exempt plant in relation to a standard after the designation of the associated catchment area takes effect.

The upgrade date must be at least 7 years after the plant ceases to be exempt in relation to the standard.

11

The regulations may provide for the Secretary of State to specify the concentration that applies to a plant that ceases, by virtue of the regulations, to be an exempt plant in relation to a nutrient pollution standard instead of the standard concentration; and, if such provision is made, the regulations must—

a

require that the Secretary of State consult the Environment Agency before specifying a concentration;

b

provide for any specified concentration to cease to have effect if, after the day on which the plant ceases to be an exempt plant, the plant again becomes an exempt plant.

12

A designation under subsection (2) in relation to a plant and a nutrient pollution standard is of no effect if the plant ceases, by virtue of regulations under subsection (8), to be exempt in relation to the standard before, or at the same time as, the designation would otherwise take effect.

13

In this section “population equivalent” has the meaning given by regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/2841).

14

References in this section to the designation of an associated catchment area are to its designation as a sensitive catchment area.

96EUpgrade date

1

The upgrade date, in relation to a nutrient significant plant, is, unless subsection (2) or (3) applies—

a

1 April 2030, if the designation of the associated catchment area takes effect during the initial period;

b

the date specified under section 96C(4)(d), if the designation of the associated catchment area takes effect after the end of the initial period.

2

But, if the plant becomes a nutrient significant plant after the designation of the associated catchment area takes effect, the upgrade date is—

a

the date specified under section 96D(4), where it becomes a nutrient significant plant by virtue of a designation under section 96D(2);

b

the date specified by or determined under provision made by virtue of section 96D(10), where it becomes a nutrient significant plant on ceasing, by virtue of regulations under section 96D(8), to be exempt.

3

Where the associated catchment area has ceased to be a catchment permitting area and a date has been specified under section 96H(4)(c), that date is the upgrade date.

4

“The initial period” means the period of 3 months beginning with the date on which the Levelling-up and Regeneration Act 2023 is passed.

5

References in this section to the designation of an associated catchment area are to its designation as a sensitive catchment area.

96FNutrient pollution standards

1

A nitrogen significant plant meets the nitrogen nutrient pollution standard if—

a

where the associated catchment area is not a catchment permitting area (see section 96G), the concentration of total nitrogen in treated effluent that the plant discharges is not more than—

i

10 mg/l, or

ii

where a different concentration applies to the plant under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11), that concentration;

b

where the associated catchment area is a catchment permitting area, the sewerage undertaker is complying with any condition in the environmental permit for the plant imposed in pursuance of section 96G(3)(b).

2

A phosphorus significant plant meets the phosphorus nutrient pollution standard if—

a

where the associated catchment area is not a catchment permitting area, the concentration of total phosphorus in treated effluent that the plant discharges is not more than—

i

0.25 mg/l, or

ii

where a different concentration applies to the plant under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11), that concentration;

b

where the associated catchment area is a catchment permitting area, the sewerage undertaker is complying with any condition in the environmental permit for the plant imposed in pursuance of section 96G(3)(b).

3

“Treated effluent”, in relation to a plant, means any effluent discharged by the plant, other than anything discharged—

a

from a storm overflow, or

b

by an emergency discharge.

4

For the purposes of subsection (3), in relation to a plant—

a

“storm overflow” means any structure or apparatus comprised in the plant which, when the capacity of relevant parts of the sewerage system is exceeded, relieves them by discharging the excess contents into inland waters, underground strata or the sea, where—

“relevant parts of the sewerage system” means—

a

storage tanks at the plant, and

b

other parts of the sewerage system downstream of the plant;

“the sewerage system” means the undertaker’s sewerage system of which the plant forms part;

b

“emergency discharge” means a discharge in circumstances where the plant’s normal treatment process has failed because of—

i

electrical power failure, or

ii

mechanical breakdown of duty and standby pumps.

5

Regulations made by the Secretary of State may specify how the concentration of total nitrogen or concentration of total phosphorus in treated effluent is to be determined.

6

Regulations under subsection (5) may, in particular—

a

make provision for requiring regular sampling of the treated effluent that a plant discharges to ascertain the concentration of total nitrogen or concentration of total phosphorus;

b

make provision for regarding a nutrient pollution standard as being met by a plant if, for example—

i

it is met, with at least the frequency specified in the regulations, in samples taken in accordance with the regulations, or

ii

the average concentration, calculated in accordance with the regulations, of total nitrogen or of total phosphorus in samples taken in accordance with the regulations would meet the standard;

c

make provision for determining generally, or in a particular case, whether anything is, or is not, to be regarded as treated effluent discharged by a plant;

d

make provision in relation to section 96G, including—

i

the determination of compliance with conditions in environmental permits imposed in pursuance of section 96G(3)(b);

ii

in connection with any kind of plant;

e

confer any function on the Secretary of State, the Authority, the Environment Agency, statutory undertakers or any other person;

f

make different provision for different purposes or different areas (including different plants within an area).

96GNutrient pollution standards determined through environmental permitting

1

The Secretary of State may designate a sensitive catchment area as a catchment permitting area.

2

In determining whether to make a designation under subsection (1) or to revoke such a designation under section 96H(3)(c), the Secretary of State may take into account, in particular, advice from, or guidance published by, the Environment Agency or Natural England.

3

Where the Secretary of State makes a designation under subsection (1), the Environment Agency must—

a

review the environmental permits for the plants that discharge treated effluent into the catchment permitting area that are—

i

nutrient significant plants, and

ii

such other plants that the Environment Agency considers appropriate (including such plants within an area that may be determined by the Environment Agency), and

b

impose conditions on those permits relating to nutrients in treated effluent discharged by those plants—

i

under Chapter 3 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016, and

ii

for the relevant purpose.

4

The “relevant purpose” is ensuring that, on and after the applicable date, the overall effect on the habitats site associated with the catchment permitting area of nutrients in treated effluent discharged by all the plants that discharge treated effluent into the catchment permitting area is less significant or the same as the overall effect on the site of nutrients in treated effluent that would be discharged by those plants if—

a

the standard concentration applied to nutrient significant plants, and

b

the nutrient significant plants were (on that basis) meeting the nutrient pollution standard on and after the applicable date.

5

For that purpose, a condition imposed on an environmental permit in pursuance of subsection (3)(b) may, in particular—

a

require, or have the effect of requiring, that the concentration of nutrients in treated effluent discharged by a plant is higher or lower than, or equal to, the standard concentration;

b

relate to any or all of the plants mentioned in subsection (3)(a), including the concentration of nutrients in treated effluent discharged by those plants.

6

In subsection (4)—

a

the “applicable date” means—

i

where the designation under section 96C(1) or (2) of the area that is the catchment permitting area takes effect during the initial period, 1 April 2030, or

ii

where that designation takes effect after the initial period, the date specified under section 96C(4)(d) in that designation;

b

a habitats site is “associated” with a catchment permitting area if water released into the area would drain into the site.

7

The duty in subsection (3) applies in relation to the grant of an environmental permit for a plant that discharges (or will discharge) treated effluent into the catchment permitting area as if—

a

paragraph (a) were omitted, and

b

in paragraph (b)—

i

for “those permits” there were substituted “the permit”;

ii

for “those plants” there were substituted “the plant”;

iii

for “Chapter 3” there were substituted “Chapter 2”.

8

It is for the Environment Agency to determine the overall effect on a habitats site of nutrients in treated effluent.

9

Regulations made by the Secretary of State may specify how such determinations are to be made.

10

In this section “nutrients”, in relation to an area designated under—

a

section 96C(1), means nutrients in water comprising nitrogen or compounds of nitrogen;

b

section 96C(2), means nutrients in water comprising phosphorus or compounds of phosphorus.

96HSection 96G: procedure and revocations

1

A designation under section 96G(1) or revocation of such a designation under subsection (3)(c)—

a

must be in writing,

b

must be published as soon as practicable after being made, and

c

takes effect in accordance with subsection (3) or (4) (as appropriate).

2

A designation under section 96G(1) may be made at the same time, or at any time after the time, that the designation under section 96C(1) or (2) of the area as a sensitive catchment area is made.

3

A designation under section 96G(1)—

a

if made before the time that the designation under section 96C(1) or (2) takes effect, takes effect at the same time as that designation;

b

if made after the time that the designation under section 96C(1) or (2) takes effect, takes effect on the day specified in it;

c

may be revoked.

4

A revocation under subsection (3)(c)—

a

takes effect—

i

on the day specified in the revocation, or

ii

if none is specified, on the day on which it is made;

b

has no effect in relation to the designation of the area under section 96C(1) or (2);

c

may specify the upgrade date that is to apply in relation to nutrient significant plants (see section 96E(3)).

5

In determining whether an upgrade date should be specified under subsection (4)(c), the Secretary of State may take into account, in particular, advice from, or guidance published by, Natural England or the Environment Agency.

96IInformation about catchment areas and nutrient significant plants

1

The Secretary of State must maintain and publish online a map showing—

a

all the nitrogen sensitive catchment areas, and

b

all the phosphorus sensitive catchment areas.

2

As soon as practicable after making a designation under section 96C (sensitive catchment areas), the Secretary of State must publish the revised map online.

3

The Secretary of State must maintain and publish online a document listing—

a

all plants that are or have been—

i

nitrogen significant plants, or

ii

phosphorus significant plants;

b

in relation to each plant listed under paragraph (a)—

i

the upgrade date that applies for the time being;

ii

if the plant becomes, or ceases to be, an exempt plant in relation to the related nutrient pollution standard, that fact and the date on which it occurred;

iii

where the associated catchment area for a plant is not a catchment permitting area, the figure specified in section 96F(1)(a)(i) or (2)(a)(i), under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11) (total nitrogen concentration or total phosphorus concentration) that applies to the plant;

iv

where a direction relating to the plant and the related nutrient pollution standard is made or revoked under regulation 85C or 110B of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (disapplication of assumption that the plant will meet the standard on and after the upgrade date or applicable date), that fact and the date on which the direction or revocation takes effect;

c

all catchment permitting areas.

4

Where any change occurs in the information required to be listed, the Secretary of State must, as soon as practicable, publish a revised document online.

96JSection 96B: enforcement and interaction with other provisions

1

The duty of a sewerage undertaker under section 96B is enforceable under section 18—

a

by the Secretary of State, or

b

with the consent of, or in accordance with a general authorisation given by, the Secretary of State, by the Authority.

2

The Environment Agency must exercise its functions (whether under environmental permitting regulations or otherwise) so as to secure compliance by sewerage undertakers with the duty imposed by section 96B; those functions include, in particular, functions of determining—

a

whether to grant or vary any permit under environmental permitting regulations, or

b

any conditions to be included in any such permit.

3

The Environment Agency must exercise its functions under the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810) so as to secure compliance by sewerage undertakers with the duties imposed by those regulations to prevent and remediate environmental damage (within the meaning of those regulations) that is treated as occurring by regulation 9A of those regulations (nutrient significant sewage disposal works: environmental damage).

4

Nothing in section 96B or 96G or this section affects—

a

any other obligation of a sewerage undertaker relating to nutrient levels in treated effluent of a plant, or any remedy available in respect of contravention of any such obligation;

b

any power to impose an obligation relating to nutrient levels in treated effluent of a plant (including by means of a condition included in a permit under environmental permitting regulations); and, in particular, nothing in those sections or this section is to be taken to preclude any such power being exercised so as to require a lower concentration of total nitrogen or lower concentration of total phosphorus in treated effluent of a plant than section 96B requires.

96KPowers to amend sections 96D and 96F

1

The Secretary of State may by regulations amend any plant capacity for the time being specified in section 96D(1)(a) or (2)(a).

2

Regulations under subsection (1) may not have effect in relation to an area that is a sensitive catchment area when the regulations are made.

3

Subject to that, regulations under subsection (1)—

a

may, in particular, amend section 96D so that different plant capacities are specified in relation to the nitrogen nutrient pollution standard and the phosphorus nutrient pollution standard;

b

may, where different plant capacities will apply for different purposes or different areas as a result of regulations under subsection (1), amend section 96D so as to specify those capacities and the purposes or areas for which they apply.

4

The Secretary of State may by regulations—

a

amend section 96F(1)(a)(i) so as to substitute a different concentration of total nitrogen;

b

amend section 96F(2)(a)(i) so as to substitute a different concentration of total phosphorus.

5

Regulations under subsection (4) may not have effect in relation to an area that is a sensitive catchment area when the regulations are made.

6

Where, as a result of the regulations, different concentrations will apply for different purposes or different areas (including different plants within an area), the regulations may amend section 96F(1)(a)(i) or (2)(a)(i) to specify those concentrations and the purposes or areas for (or plants within an area to) which they apply.

7

A statutory instrument containing regulations under subsection (1) or (4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

8

If a draft of a statutory instrument containing regulations under subsection (1) or (4) would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

96LSections 96B to 96K, 96M and 96N: interpretation

1

This section applies for the purposes of sections 96B to 96K, 96M and 96N.

2

In those sections (and this section)—

“associated catchment area”—

a

in relation to a plant that is a nitrogen significant plant or is exempt in relation to the nitrogen nutrient pollution standard, means the nitrogen sensitive catchment area into which it discharges;

b

in relation to a plant that is a phosphorus significant plant or is exempt in relation to the phosphorus nutrient pollution standard, means the phosphorus sensitive catchment area into which it discharges;

“catchment permitting area” means a sensitive catchment area designated under section 96G(1) for the time being;

“environmental permit” means a permit granted under Chapter 2 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016; and a reference to a condition imposed on such a permit is to be construed in accordance with those regulations;

“environmental permitting regulations” means—

a

the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (as they have effect from time to time), or

b

any other provision made after the Levelling-up and Regeneration Act 2023 is passed that is, or could have been, made under section 2 of the Pollution Prevention and Control Act 1999;

“exempt plant”, in relation to a nutrient pollution standard, has the meaning given by section 96D;

“habitats site” means a European site within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8);

“the initial period” has the meaning given by section 96E(4);

“nitrogen nutrient pollution standard”, in relation to references to a nitrogen significant plant meeting the standard, has the meaning given by section 96F(1);

“nitrogen sensitive catchment area” means an area designated under section 96C(1);

“nitrogen significant plant” has the meaning given by section 96B(3);

“nutrient pollution standard” means the nitrogen nutrient pollution standard or the phosphorus nutrient pollution standard;

“nutrient significant plant” means—

a

a nitrogen significant plant, or

b

a phosphorus significant plant;

“phosphorus nutrient pollution standard”, in relation to references to a phosphorus significant plant meeting the standard, has the meaning given by section 96F(2);

“phosphorus sensitive catchment area” means an area designated under section 96C(2);

“phosphorus significant plant” has the meaning given by section 96B(4);

“plant” means a sewage disposal works;

“related nutrient pollution standard”, in relation to a sensitive catchment area or a plant, means—

a

if (or so far as) the area is a nitrogen sensitive catchment area or the plant is a nitrogen significant plant, the nitrogen nutrient pollution standard;

b

if (or so far as) the area is a phosphorus sensitive catchment area or the plant is a phosphorus significant plant, the phosphorus nutrient pollution standard;

“sensitive catchment area” means—

a

a nitrogen sensitive catchment area, or

b

a phosphorus sensitive catchment area;

“standard concentration”, in relation to the nutrient pollution standard that applies to a plant, means the concentration specified in section 96F(1)(a)(i) or (2)(a)(i) on the date that the designation of the associated catchment area as a sensitive catchment area takes effect;

“treated effluent” has the meaning given by section 96F(3);

“upgrade date”, in relation to a plant that discharges into a sensitive catchment area, has the meaning given by section 96E.

3

References to a plant discharging into a sensitive catchment area are to the plant discharging treated effluent into the area.

4

References to the sewerage system of a sewerage undertaker have the meaning given by section 17BA(7).

96MNew and altered plants: modifications

1

The Secretary of State may by regulations provide for sections 96B to 96L to apply with prescribed modifications in relation to any plant that, after the Levelling-up and Regeneration Act 2023 is passed—

a

operates for the first time, or

b

is altered.

This is subject to subsection (3).

2

Regulations under this section may in particular provide for sections 96C(5) and 96D(4) and (10) to apply as if they specified periods other than 7 years.

3

But regulations under this section may not modify section 96F(1) or (2) or section 96G(4) so as to apply a higher concentration of total nitrogen or higher concentration of total phosphorus than would otherwise apply.

96NSetting and enforcing nutrient pollution standards

1

The Secretary of State may by regulations make provision about the setting and enforcing of nutrient pollution standards.

2

The Secretary of State may only exercise the power under subsection (1) if the Secretary of State considers that the provisions about the setting and enforcing of nutrient pollution standards will be at least as effective as the provision already in force under sections 96B to 96M, the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 810/2015) or this section as a result of the exercise of this power, including in relation to—

a

overall environmental protection (within the meaning of section 45 of the Environment Act 2021),

b

nutrient pollution levels discharged by plants or across catchment areas,

c

enforcement, or

d

costs.

3

The regulations may, in particular—

a

amend, repeal, revoke or otherwise modify—

i

sections 96B to 96M,

ii

the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, or

iii

provision made under this section;

b

provide for a sewerage undertaker’s compliance with the duty under section 96B (or an equivalent) to be determined by reference to matters other than the concentration of nitrogen or phosphorous in treated effluent discharged by a plant;

c

include provision applying or corresponding to any provision in sections 96B to 96M (with or without modifications);

d

include provision about the establishment of schemes involving sewerage undertakers and others for the purpose of encouraging or requiring sewerage undertakers to arrange or contribute to action in respect of the effect of nitrogen or phosphorous (from any source) on a habitats site;

e

make different provision for different purposes or different areas.

2

In section 213 of the Water Industry Act 1991 (powers to make regulations), in subsection (1), insert “96K, 96N,”—

a

if this subsection comes into force before section 82(2) of the Environment Act 2021, before “or 105A”;

b

otherwise, before “105A”.

169Planning: assessments of effects on certain sites

Schedule 15 amends the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) to require certain assumptions to be made in certain circumstances about nutrient pollution standards (see section 168).

170Remediation

1

The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810) are amended as follows.

2

After regulation 9 insert—

Nutrient significant sewage disposal works: environmental damage9A

1

This regulation applies where a sewerage undertaker whose sewerage system includes a nutrient significant plant fails to secure that the plant is able to meet the related nutrient pollution standard by the upgrade date.

2

Any excess nutrient pollution is to be treated for the purposes of these regulations as damage to the related habitats site that is environmental damage caused by an activity of the sewerage undertaker that—

a

requires a permit under the Environmental Permitting (England and Wales) Regulations 2016, and

b

falls within Schedule 2.

3

In paragraph (2)—

“excess nutrient pollution”, in relation to a nutrient significant plant and a related nutrient pollution standard, means the amount by which the total nutrient pollution discharged in treated effluent by the plant during the period—

a

beginning with the upgrade date, and

b

ending with the day the plant first meets the related nutrient pollution standard,

exceeds the total nutrient pollution that it would have discharged in treated effluent during that period had it met the related nutrient pollution standard on and after the upgrade date;

“total nutrient pollution” means—

a

in relation to the nitrogen nutrient pollution standard, total nitrogen, and

b

in relation to the phosphorus nutrient pollution standard, total phosphorus.

4

Where—

a

the nutrient significant plant referred to in paragraph (1) is a plant that discharges treated effluent into a catchment permitting area (see section 96G of the Water Industry Act 1991), and

b

the sewerage undertaker has failed to comply with a condition in the environmental permit for the plant imposed in pursuance of subsection (3)(b) of that section,

the definition of “excess nutrient pollution” in paragraph (3) is subject to the following modifications.

5

In a case where the condition relates to the total nutrient pollution discharged by the plant specifically, references in that definition to the “upgrade date” are to be read as the “applicable date”.

6

In a case where the condition relates to the total nutrient pollution discharged by all plants that discharge into the associated catchment area, that definition is to be read as if—

a

in the words before paragraph (a), after “by the plant” there were inserted “and all other plants that discharged into the associated catchment area for that plant”,

b

in paragraph (a), for “upgrade date” there were substituted “applicable date”, and

c

in the words after paragraph (b)—

i

for “that it” there were substituted “that both it and those other plants”, and

ii

for “upgrade date” there were substituted “applicable date”.

7

For the purposes of paragraph (3) as modified by paragraph (5) or (6), the “applicable date” is to be determined in accordance with section 96G(6)(a) of the Water Industry Act 1991.

8

It is for the Environment Agency to determine the excess nutrient pollution discharged by a plant and in doing so the Environment Agency may have regard to—

a

the concentration of total nitrogen or concentration of total phosphorus determined for the purposes of section 96F of the Water Industry Act 1991 (see in particular subsection (5) of that section), and

b

the volume of treated effluent discharged by the plant, as determined by the Environment Agency.

9

Schedule 2ZA sets out modifications of these regulations that apply where this regulation applies.

10

In this regulation—

“related habitats site”, in relation to a nutrient significant plant, means the habitats site by reference to which the associated catchment area is designated under section 96C of the Water Industry Act 1991;

“sewerage system”, in relation to a sewerage undertaker, has the meaning given by section 17BA(7) of the Water Industry Act 1991.

11

For the purposes of this regulation, the following terms have the meanings given by section 96L of the Water Industry Act 1991—

“associated catchment area”;

“catchment permitting area”;

“environmental permit”;

“habitats site”;

“nitrogen nutrient pollution standard”;

“nutrient significant plant”;

“phosphorus nutrient pollution standard”;

“plant”;

“related nutrient pollution standard”;

“sensitive catchment area”;

“treated effluent”;

“upgrade date”;

and references to a nutrient significant plant meeting the related nutrient pollution standard are to be read in accordance with section 96F(1) or (2) of that Act.

3

After Schedule 2 insert—

Schedule 2ZAModifications where regulation 9A applies

Regulation 9A

1

In relation to anything that is treated as environmental damage by regulation 9A, these regulations apply with the following modifications.

2

Regulation 17 does not apply.

3

Regulation 18 applies as if—

a

the opening words of paragraph (1) provided “Where excess nutrient pollution is treated as environmental damage by regulation 9A(2), the enforcing authority must notify the responsible operator—”;

b

for paragraph (a) there were substituted—

a

of the environmental damage;

4

Regulation 18A applies with the omission of paragraph (2).

5

Regulation 19(3) applies as if for paragraphs (a) to (e) (but not the “or” immediately following paragraph (e)) there were substituted—

a

the responsible operator did not fail to secure that the nutrient significant plant in question is able to meet the related nutrient pollution standard by the upgrade date;

b

the determination by the Environment Agency of the excess nutrient pollution mentioned in regulation 9A(2) was unreasonable;

6

Regulation 25(2) applies as if—

a

for paragraph (a) there were substituted—

a

determining the excess nutrient pollution mentioned in regulation 9A(2);

b

paragraph (b) were omitted.

Part 8Development corporations

Local authority proposals and oversight

171Locally-led urban development corporations

1

Section 134 of the Local Government, Planning and Land Act 1980 (urban development areas) is amended as set out in subsections (2) and (3).

2

After subsection (1A) insert—

1B

The Secretary of State may, by order made by statutory instrument, designate any area of land in England as an urban development area if—

a

a proposal has been made to the Secretary of State under section 134A(1) in relation to the area of land, and

b

the Secretary of State is satisfied that it would be expedient in the local interest—

i

to designate the area of land as an urban development area, and

ii

to establish a development corporation for the area in consequence of the proposal.

3

After section 134 of the Local Government, Planning and Land Act 1980 insert—

134ALocal authority proposal for designation of locally-led urban development area in England

1

A local authority in England, or two or more local authorities in England acting jointly, may propose to the Secretary of State that the Secretary of State should designate an area of land (the “proposal area”) as an urban development area under section 134(1B).

2

A proposal under subsection (1) (a “locally-led proposal”) must—

a

state the proposing authority’s proposals as to—

i

the name of the development corporation that would be established as a result of the proposal, and

ii

which local authority or local authorities should be designated as the oversight authority for that development corporation, and

b

include a map of the proposal area.

3

A locally-led proposal may also include proposals about any other matter about which the Secretary of State would be able to make provision in respect of the development corporation by order or regulations under this Part.

4

A locally-led proposal may relate to separate parcels of land.

5

A local authority may make a locally-led proposal only if—

a

the proposal area falls wholly within the area of the local authority, or

b

where it makes the proposal jointly with one or more other local authorities, the proposal area falls—

i

wholly or partly within the area of each of them, and

ii

wholly within their combined areas.

6

A proposing authority may make a locally-led proposal only if—

a

the proposing authority has consulted the persons mentioned in subsection (7),

b

the proposing authority has had regard to any comments made in response by the consultees, and

c

if those comments include comments by a local authority or the Greater London Authority that the proposing authority does not accept, the proposing authority has published a statement giving the reasons for the non-acceptance.

7

The persons referred to in subsection (6)(a) are—

a

persons who appear to the proposing authority to represent those living in, or in the vicinity of, the proposal area;

b

persons who appear to the proposing authority to represent businesses with any premises in, or in the vicinity of, the proposal area;

c

each Member of Parliament whose parliamentary constituency includes any part of the proposal area;

d

each local authority for an area which falls wholly or partly within the proposal area (other than the proposing authority or a constituent council of the proposing authority);

e

in relation to an area in Greater London, the Greater London Authority;

f

any other person whom the proposing authority considers it appropriate to consult.

8

A local authority may be proposed as an oversight authority under subsection (2)(a)(ii) only if the proposal area is wholly or partly within the area of the local authority.

9

Where the proposing authority proposes, under subsection (2)(a)(ii), that two or more local authorities should be designated as the oversight authority, it may also propose—

a

that a specified function of an oversight authority should be exercisable by one of those local authorities, or

b

that a specified function of an oversight authority should be exercisable by two or more of those local authorities jointly.

For this purpose, “specified” means specified in the proposal.

10

In this section—

“local authority” means—

a

a district council,

b

a county council,

c

a London borough council, or

d

the Common Council;

“locally-led proposal” has the meaning given by subsection (2);

“proposing authority” means—

a

the local authority which makes a locally-led proposal, or

b

if two or more local authorities make such a proposal, those authorities acting jointly;

and where the proposing authority consists of two or more authorities acting jointly, each is a “constituent council” of the proposing authority.

4

Section 135 (urban development corporations) is amended as set out in subsections (5) and (6).

5

In subsection (1A), after “in England” insert “designated under section 134(1)”.

6

After subsection (4) insert—

4A

Subsections (4B) and (4C) apply where the Secretary of State makes an order under this section establishing a locally-led urban development corporation in consequence of a proposal under section 134A(1).

4B

The order must—

a

establish the corporation with the proposed name,

b

give effect to any proposal made by virtue of section 134A(3) as to the number of members to be prescribed under paragraph 1A(2) of Schedule 26,

c

designate as the oversight authority the local authority or local authorities proposed as such, and

d

give effect to any proposal made by virtue of section 134A(9) (allocation of functions where oversight authority consists of more than one local authority).

4C

The Secretary of State must exercise other functions under this Act so as to give effect to any other proposals made by virtue of section 134A(3).

7

After section 135 insert—

135AOversight of locally-led urban development area

1

The Secretary of State may by regulations make provision about how an oversight authority is to oversee the regeneration of a locally-led urban development area.

2

Regulations under subsection (1) may, for example—

a

provide that an oversight authority is to exercise specified functions under this Part of this Act, other than a power to make regulations or other instruments of a legislative character, which would otherwise be exercisable by the Secretary of State, the Treasury or any other Minister of the Crown;

b

provide that an oversight authority is to exercise such functions subject to specified conditions or limitations;

c

provide that specified functions under this Part of this Act may be exercised only with the consent of an oversight authority;

d

make provision about the membership of a locally-led urban development corporation;

e

modify provisions of this Part of this Act;

f

make different provision for different purposes;

g

make incidental, supplementary or consequential provision.

3

In this section “specified” means specified by regulations under this section.

4

Regulations under this section are to be made by statutory instrument.

5

A statutory instrument containing regulations under this section may not be made until approved by a resolution of each House of Parliament.

172Development corporations for locally-led new towns

1

The New Towns Act 1981 is amended as follows.

2

After section 1 insert—

1ZALocal authority proposal for designation of locally-led new town in England

1

A local authority in England, or two or more local authorities in England acting jointly, may propose to the Secretary of State that the Secretary of State should designate an area of land (the “proposal area”) as the site of a proposed new town.

2

A proposal under subsection (1) (a “locally-led proposal”) must—

a

state the proposing authority’s proposals as to—

i

the name of the development corporation that would be established as a result of the proposal, and

ii

which local authority or local authorities should be designated as the oversight authority for that development corporation, and

b

include a map of the proposal area.

3

A locally-led proposal may also include proposals about any other matter about which the Secretary of State would be able to make provision in respect of the development corporation by order or regulations under this Act.

4

A local authority may make a locally-led proposal only if—

a

the proposal area falls wholly within the area of the local authority, or

b

where it makes the proposal jointly with one or more other local authorities, the proposal area falls—

i

wholly or partly within the area of each of them, and

ii

wholly within their combined areas.

5

A proposing authority may make a locally-led proposal only if—

a

the proposing authority has consulted the persons mentioned in subsection (6),

b

the proposing authority has had regard to any comments made in response by the consultees, and

c

those comments include comments by a local authority or the Greater London Authority that the proposing authority does not accept, the proposing authority has published a statement giving the reasons for the non-acceptance.

6

The persons referred to in subsection (5)(a) are—

a

persons who appear to the proposing authority to represent those living in, or in the vicinity of, the proposal area;

b

persons who appear to the proposing authority to represent businesses with any premises in, or in the vicinity of, the proposal area;

c

each Member of Parliament whose parliamentary constituency includes any part of the proposal area;

d

each local authority for an area which falls wholly or partly within the proposal area (other than the proposing authority or a constituent council of the proposing authority);

e

in relation to an area in Greater London, the Greater London Authority;

f

any other person whom the proposing authority considers it appropriate to consult.

7

A local authority may be proposed as the oversight authority under subsection (2)(a)(ii) only if the proposal area is wholly or partly within the area of the local authority.

8

Where the proposing authority proposes, under subsection (2)(a)(ii), that two or more local authorities should be designated as the oversight authority, it may also propose—

a

that a specified function should be exercisable by one of those local authorities, or

b

that a specified function should be exercisable by two or more of those local authorities jointly.

For this purpose, “specified” means specified in the proposal.

9

In this section—

“local authority” means—

a

a district council,

b

a county council, or

c

a London borough council;

“locally-led proposal” has the meaning given by subsection (2);

“proposing authority” means—

a

the local authority which makes a locally-led proposal, or

b

if two or more local authorities make such a proposal, those authorities acting jointly;

and where the proposing authority consists of two or more authorities acting jointly, each is a “constituent council” of the proposing authority.

1ZBDesignation of locally-led new town in England

1

This section applies where a proposal has been made to the Secretary of State under section 1ZA(1) in relation to an area of land in England.

2

The Secretary of State may make an order under this section designating the area as the site of a proposed new town if satisfied that it would be expedient in the local interest that the area should be developed as a new town by a corporation established under this Act in consequence of the proposal.

3

Subsections (3) and (5) of section 1 apply to an order under this section as they apply to an order under that section.

3

In section 3 (establishment of development corporations for new towns)—

a

in subsection (1), after “1” insert “or 1ZB”;

b

in subsection (2A), after “in England” insert “designated under section 1”;

c

after subsection (2A) insert—

2B

Subsections (2C) and (2D) apply where the Secretary of State makes an order under this section establishing a development corporation for a locally-led new town in consequence of a proposal under section 1ZA(1).

2C

The order must—

a

establish the corporation with the proposed name,

b

give effect to any proposal made by virtue of section 1ZA(3) as to the number of members to be prescribed under subsection (2ZB),

c

designate as the oversight authority the local authority or local authorities proposed as such, and

d

give effect to any proposal made by virtue of section 1ZA(8) (allocation of functions where oversight authority consists of more than one local authority).

2D

The Secretary of State must exercise other functions under this Act so as to give effect to any other proposals made by virtue of section 1ZA(3).

4

In section 77 (regulations and orders), in each of subsections (3), (3B) and (3C), after “1,” insert “1ZB,”.

173Minor and consequential amendments

Schedule 16 makes minor and consequential amendments in connection with sections 171 and 172.

Planning functions

174Planning functions of urban development corporations

1

The Local Government, Planning and Land Act 1980 is amended as follows.

2

In section 149 (urban development corporation as planning authority)—

a

after subsection (1) insert—

1A

If the Secretary of State so provides by order, an urban development corporation for an area in England shall be the local planning authority for the whole or any portion of its area for such purposes of Part 2 or 3 of the Planning and Compulsory Purchase Act 2004 as may be prescribed.

b

in subsection (2), for “The order” substitute “An order under subsection (1) or (1A)”;

c

after subsection (2) insert—

2A

If the Secretary of State so provides by order, an urban development corporation, other than a locally-led urban development corporation, for an area in England shall be the minerals and waste planning authority for the whole or any portion of its area for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004.

d

in subsection (3)—

i

in paragraph (a), omit “of the 1990 Act and the Planning (Listed Buildings and Conservation Areas) Act 1990”;

ii

in paragraph (b), omit “of those Acts”;

e

after subsection (3) insert—

3A

A provision mentioned in paragraph 1, 3 or 5 of Part 1 of Schedule 29 may be specified under subsection (3)(a) only in relation to an urban development corporation for an area in England.

f

after subsection (4) insert—

4A

If the Secretary of State so provides by order, an urban development corporation for an area in England shall have, in the whole or any portion of its area, the functions conferred on the relevant planning authority by Schedule 8 to the Electricity Act 1989 so far as it applies to applications for consent under section 37 of that Act.

3

After section 149 insert—

149AArrangements for discharge of, or assistance with, planning functions in England

1

Subsection (2) applies in relation to any function that an urban development corporation has by virtue of an order under section 149(1).

2

The corporation may make arrangements for the discharge of the function by the council (if any) which would have the function but for the order.

3

Where arrangements are in force under sub-paragraph (2) for the discharge of a function by a council—

a

the council may arrange for the discharge of the function by a committee, sub-committee or officer of the council, and

b

section 101(2) of the Local Government Act 1972 (delegation by committees and sub-committees) applies in relation to the function as it applies in relation to functions of the council.

4

Arrangements under subsection (2) for the discharge of a function do not prevent the urban development corporation from exercising the function.

5

Subsection (6) applies in relation to any function that an urban development corporation has by virtue of an order under section 149(1A) or (2A).

6

The corporation may seek assistance in connection with the discharge of the function from the council (if any) which would have the function but for the order; and that council may give such assistance.

7

In this section, “council” means a county council, district council or London borough council or the Common Council.

4

In Part 1 of Schedule 29 (planning enactments conferring functions capable of being assigned to urban development corporations)—

a

at the beginning insert—

1

Section 17 of the Land Compensation Act 1961.

b

the paragraph referring to enactments in TCPA 1990 becomes paragraph 2;

c

after that paragraph insert—

3

Sections 171BA, 171E, 172ZA, 172A, 191, 192, 225, 225A, 225C, 225F to 225H, 225J and 225K of the 1990 Act.

d

the paragraph referring to enactments in the Listed Buildings Act becomes paragraph 4;

e

after that paragraph insert—

5

Section 44AA of the Planning (Listed Buildings and Conservation Areas) Act 1990.

175Planning functions of new town development corporations

1

The New Towns Act 1981 is amended as follows.

2

After section 7 insert—

7ADevelopment corporation as planning authority in England

1

This section applies in relation to a development corporation established for the purposes of a new town in England.

2

The Secretary of State may provide by order for the corporation to be the local planning authority for the specified area—

a

for such purposes of Part 3 of the Town and Country Planning Act 1990, and in relation to such kinds of development, as are specified, or

b

for such purposes of Part 2 or 3 of the Planning and Compulsory Purchase Act 2004 as are specified.

3

An order under subsection (2) may provide—

a

that any enactment relating to local planning authorities is not to apply to the corporation, or

b

that any such enactment which applies to the corporation is to apply to it subject to such modifications as are specified.

4

The Secretary of State may provide by order—

a

for the corporation to have, in the specified area, the functions conferred by such of the enactments mentioned in Part 1 of Schedule 29 to the Local Government, Planning and Land Act 1980 as are specified;

b

for such of the enactments mentioned in Part 2 of that Schedule as are specified in the order to have effect, in relation to the corporation and to land in the specified area, subject to the modifications set out in that Part;

c

for such of the provisions of that Part 2 as apply for the purposes of the order to be read, for those purposes, as if—

i

any reference to an urban development corporation were a reference to a development corporation established under section 3 of this Act, and

ii

any reference to regenerating an area were a reference to developing a new town.

5

An order under subsection (4) may provide—

a

that any enactment relating to local planning authorities applies to the corporation for the purposes of any enactment specified in Schedule 29 to the Local Government, Planning and Land Act 1980 which relates to land in the specified area by virtue of the order;

b

that any enactment so applied to the corporation applies to it subject to modifications specified in the order.

6

The Secretary of State may, if the corporation is not a locally-led development corporation, provide by order for the corporation to be the minerals and waste planning authority for the specified area for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004.

7

The Secretary of State may provide by order that the corporation is to have, in the specified area, the functions conferred on the relevant planning authority by Schedule 8 to the Electricity Act 1989 so far as it applies to applications for consent under section 37 of that Act.

8

The area specified under any of the preceding subsections must be the whole, or part, of the area of the new town.

9

An order under this section may include supplementary or transitional provision or savings.

10

In this section “specified” means specified in an order under this section.

7BArrangements for discharge of, or assistance with, planning functions in England

1

Subsection (2) applies in relation to any function that a development corporation has by virtue of an order under section 7A(2)(a).

2

The corporation may make arrangements for the discharge of the function by the council (if any) which would have the function but for the order.

3

Where arrangements are in force under subsection (2) for the discharge of a function by a council—

a

the council may arrange for the discharge of the function by a committee, sub-committee or officer of the council, and

b

section 101(2) of the Local Government Act 1972 (delegation by committees and sub-committees) applies in relation to the function as it applies in relation to functions of the council.

4

Arrangements under subsection (2) for the discharge of a function do not prevent the development corporation from exercising the function.

5

Subsection (6) applies in relation to any function that a development corporation has by virtue of an order under section 7A(2)(b) or (6).

6

The corporation may seek assistance in connection with the discharge of the function from the council (if any) which would have the function but for the order; and that council may give such assistance.

7

In this section, “council” means a county council, district council or London borough council.

3

In Schedule 3 (constitution and proceedings of development corporations), after paragraph 10 insert—

Delegation of planning functions

10A

1

This paragraph applies in relation to any function conferred on the corporation by virtue of an order under section 7A (planning functions of corporations in England).

2

The corporation may appoint committees and such committees may appoint sub-committees.

3

Anything which is authorised or required to be done by the corporation—

a

may be done by any member of the corporation or of its staff who is authorised for the purpose either generally or specifically;

b

may be done by a committee or sub-committee which is so authorised.

4

The corporation may—

a

determine the quorum of a committee or sub-committee;

b

make such arrangements as it thinks appropriate relating to the meetings and procedure of a committee or sub-committee.

5

Anything done for the purposes of sub-paragraph (4) is subject to directions given by the Secretary of State.

6

The validity of anything done by a committee or sub-committee is not affected by—

a

any vacancy among its members;

b

any defect in the appointment of any of its members.

10B

1

This paragraph has effect in relation to the membership of committees and sub-committees appointed under paragraph 10A.

2

A committee may consist of—

a

such members of the corporation as it appoints;

b

such other persons as the corporation (with the consent of the Secretary of State) appoints.

3

A sub-committee of a committee may consist of—

a

such members of the committee as it appoints;

b

such persons who are members of another committee of the corporation (whether or not they are members of the corporation) as the committee appoints;

c

such other persons as the corporation (with the consent of the Secretary of State) appoints.

4

The membership of a committee or sub-committee—

a

must always include at least one person who is a member of the corporation;

b

must not include any person who is a member of the staff of the corporation.

176Mayoral development corporation as minerals and waste planning authority

1

The Localism Act 2011 is amended as follows.

2

In section 202 (functions in relation to Town and Country Planning), after subsection (3) insert—

3A

The Mayor may decide that the MDC is to be the minerals and waste planning authority, for the whole or any portion of the area, for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004.

3

In section 203 (arrangements for discharge of, or assistance with, planning functions), in subsection (4), after “2004” insert “, or the minerals and waste planning authority for the purposes of Part 2 of that Act,”.

4

In section 204 (removal or restriction of planning functions), in subsection (2), after “(3)” insert “, (3A)”.

177Minor and consequential amendments

Schedule 17 makes amendments consequential on sections 174 and 175, and other minor amendments in connection with the planning functions of development corporations.

Membership

178Removal of restrictions on membership of urban development corporations and new town development corporations

1

In Schedule 26 to the Local Government, Planning and Land Act 1980 (constitution and proceedings etc of urban development corporations)—

a

in paragraph 1, for the words from “such number” to the end substitute “the number of other members determined in accordance with paragraph 1A”;

b

after that paragraph insert—

1A

1

In the case of a corporation established by the Scottish Ministers or the Welsh Ministers—

a

the number of other members must be prescribed by order under section 135, and

b

the prescribed number must be—

i

not less than 5, and

ii

not more than 11.

2

In the case of a locally-led urban development corporation—

a

the number of other members must be prescribed by order under section 135, and

b

the prescribed number must be not less than 5.

3

In any other case, the number of other members must be not less than 5.

2

In section 3 of the New Towns Act 1981 (establishment of development corporations)—

a

in subsection (2), for paragraph (c) substitute—

c

at least one other member.

b

after subsection (2) insert—

2ZA

In the case of a development corporation established by an order under this section made by the Welsh Ministers—

a

the number of members other than the chairman and deputy chairman must be prescribed by the order, and

b

the prescribed number is not to exceed 11.

2ZB

In the case of a locally-led development corporation, the number of members other than the chairman and deputy chairman must be prescribed by the order.

3

Nothing in this section affects any provision of an order made before this section comes into force.

Finance

179Removal of limits on borrowing of urban development corporations and new town development corporations

1

In paragraph 8 of Schedule 31 to the Local Government, Planning and Land Act 1980 (aggregate limit on borrowing of urban development corporations)—

a

in sub-paragraph (1), after “sub-paragraph (2) below” insert “(save as excepted by sub-paragraph (2A))”;

b

after sub-paragraph (2) insert—

2A

But no sum which is—

a

borrowed by, or issued in fulfilment of a guarantee of a debt of, a corporation for an urban development area in England, and

b

borrowed or issued on or after the date on which section 179 of the Levelling-up and Regeneration Act 2023 comes into force,

is to count for the purposes of sub-paragraph (2)(a) or (b).

2

In section 60 of the New Towns Act 1981 (aggregate limit on borrowing of new town development corporations)—

a

in subsection (1), after “sums” insert “(save as excepted by subsection (1A))”;

b

after subsection (1) insert—

1A

No sum which—

a

is advanced to, or borrowed by, a development corporation established for the purposes of a new town in England, and

b

is advanced or borrowed on or after the date on which section 179 of the Levelling-up and Regeneration Act 2023 comes into force,

is to count for the purposes of subsection (1)(a) or (d).

Part 9Compulsory purchase

Powers

180Acquisition by local authorities for purposes of regeneration

In section 226 of TCPA 1990 (power of local authority to acquire land compulsorily for development and other planning purposes), after subsection (1A) insert—

1B

In the application of subsections (1) and (1A) in England, “improvement” includes regeneration.

Procedure

181Online publicity

1

The Acquisition of Land Act 1981 is amended as follows.

2

In section 7(1) (definitions), after the definition of “acquiring authority” insert—

“appropriate website”, in relation to a notice about a proposed compulsory purchase, means a website which members of the public could reasonably be expected to find on searching on the internet for information about the scheme or project that underlies the proposed purchase,

3

In section 11 (requirement to publish notice of compulsory purchase order in newspaper)—

a

for the heading substitute “Public notices”;

b

in subsection (1)—

i

the words from “in two” to “situated” become paragraph (a);

ii

at the end insert

, and

b

for a period of at least 21 days ending with the day specified under subsection (2)(d), publish a notice in the prescribed form on an appropriate website.

c

in subsection (2)—

i

in the words before paragraph (a), for “notice” substitute “notices”;

ii

omit the “and” at the end of paragraph (c);

iii

after paragraph (c) insert—

ca

specify a website on which those copies may be viewed, and

iv

for paragraph (d) substitute—

d

specify the final day for making objections to the order, and the manner in which objections can be made.

d

after subsection (2) insert—

2A

If the confirming authority is satisfied that, because of special circumstances, it is impracticable for the acquiring authority to make the copies referred to in subsection (2)(c) available for inspection at an appropriate place, the confirming authority may direct that the requirement in subsection (2)(c) (together with that in section 12(1)(ba)) is not to apply.

e

in subsection (4)(b), omit the words from “(but” to “affixed)”.

4

In section 12(1) (requirement to serve notice on certain affected persons)—

a

omit the “and” at the end of paragraph (b);

b

after paragraph (b) insert—

ba

(subject to section 11(2A)) naming a place within the locality where a copy of the order and of the map referred to in it may be inspected,

bb

specifying a website on which those copies may be viewed, and

c

for paragraph (c) substitute—

c

specifying the final day for making objections to the order, and the manner in which objections can be made.

5

After section 12 insert—

12AFinal day for making objections

1

For the purposes of sections 11 and 12, the day specified as the final day for making objections must be the last day, or a day after the last day, of the period of 21 days beginning with the first day at the beginning of which the acquiring authority expects that all of the following conditions will be satisfied.

2

The conditions are that—

a

a notice has been published for the first time as required by section 11(1)(a),

b

publication as required by section 11(1)(b) has begun,

c

a notice has been affixed as required by section 11(3), and

d

a notice has been served on every qualifying person as required by section 12(1).

6

In section 15 (notices after confirmation of compulsory purchase order)—

a

in subsection (3)—

i

the words from “in one” to “situated” become paragraph (a);

ii

at the end of that paragraph insert

, and

b

on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the authority takes the final step needed to comply with subsection (1)(a).

b

in subsection (3A), for “(3)” substitute “(3)(a)”;

c

in subsection (3B)—

i

for “(3)” substitute “(3)(a)”;

ii

after “(3A),” insert “or with subsection (3)(b),”;

d

in subsection (4), after paragraph (c) insert—

ca

specifying a website on which those copies may be viewed;

e

after subsection (4) insert—

4A

If the confirming authority is satisfied that, because of special circumstances, it is impracticable for the acquiring authority to make the copies referred to in subsection (4)(c) available for inspection at an appropriate place, the confirming authority may direct that the requirement in subsection (4)(c) is not to apply.

7

In section 22 (requirement to publish notice of certificate under Part 3 of the Act)—

a

the words from “in one” to “situated” become paragraph (a);

b

at the end of that paragraph insert

, and

b

on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the certificate is given,

8

In paragraph 9 of Schedule 3 (requirement to publish notice of certificate under that Schedule)—

a

the words from “in one” to “situated” become paragraph (a);

b

at the end of that paragraph insert

, and

b

on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the certificate is given,

182Confirmation proceedings

1

The Acquisition of Land Act 1981 is amended as follows.

2

In section 13A (confirmation proceedings for contested orders), for subsections (2) to (6) substitute—

1A

The confirming authority must cause a public local inquiry to be held if—

a

the order is subject to special parliamentary procedure, or

b

in the case of an order to which section 16 applies, a certificate has been given under subsection (2) of that section.

1B

If subsection (1A) does not apply, the confirming authority must either—

a

cause a public local inquiry to be held, or

b

follow the representations procedure.

1C

In deciding between those options, the confirming authority must have regard to the scale and complexity of what is proposed by the order.

1D

The representations procedure is a procedure to be prescribed.

1E

The regulations prescribing the procedure must include—

a

provision enabling each person who has made a remaining objection to make representations—

i

in writing to the confirming authority, or

ii

if the person so requests, at a hearing, and

b

provision enabling the acquiring authority, and any other person the confirming authority thinks appropriate, to make representations—

i

in writing to the confirming authority, or

ii

if applicable, at a hearing held as mentioned in paragraph (a)(ii).

1F

The regulations may provide for hearings to be held by the confirming authority or by a person appointed by the confirming authority.

1G

In subsection (1E), “representations” means representations as to whether the order should be confirmed.

1H

Before confirming the order, the confirming authority must consider—

a

each remaining objection;

b

if a public local inquiry was held, the report of the person who held it;

c

if the representations procedure was followed and the confirming authority held a hearing, the representations made at the hearing;

d

if the representations procedure was followed and a person appointed by the confirming authority held a hearing, the report of that person;

e

if the representations procedure was followed and written representations were made, those representations.

1I

The confirming authority may confirm the order with or without modifications.

3

In section 13B (supplementary provision about written representations procedure)—

a

in the heading, omit