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Paragraph 8

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this Schedule—

  • F1“appropriate authority” means—

    1. (a)

      in the case of an application made to the Secretary of State, the Secretary of State;

    2. (b)

      in the case of an application made to the Scottish Ministers, the Scottish Ministers;

  • “relevant planning authority” has the meaning given by paragraph 2(6) above.

F2(1A)

In this Schedule references to applications for consent shall not include applications to the Welsh Ministers.

(2)

In section 149 of the M1Local Government, Planning and Land Act 1980, each of the following, namely—

(a)

subsection (3)(a) (power of Secretary of State to confer on urban development corporation functions of local planning authority in England and Wales); and

(b)

subsection (8)(a) (which makes corresponding provision in relation to Scotland),

shall have effect in relation to the provisions of this Schedule (so far as applying to applications for consent under section 37 of this Act) as it has effect in relation to the provisions referred to in that subsection.

F3(3)

Where an application for a declaration under section 36A of this Act is made with an application for a consent under section 36 of this Act, the application for the declaration shall be treated for the purposes of this Schedule as part of the application for the consent.

Annotations

Textual amendments

F1

Words in Sch. 8 para. 8(1) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 13 (with s. 116)

F2

Sch. 8 para. 8(1A) inserted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 50(3) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(b)

F3

Sch. 8 para. 8(3) inserted (1.3.2005) by Energy Act 2004 (c. 20), ss. 99(2), 198(2); S.I. 2005/442, art. 2(1), Sch. 1

Marginal citations

M1

1980 c. 65.

Notes on Schedule 8

Textual amendments

F1

Words in Sch. 8 heading inserted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 50(2) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(b)

Modifications

C1

Sch. 8: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)

C2

Sch. 8 modified in part (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 12(5)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 4 (with art. 4(1))

C3

Sch. 8 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 31(2), 70(1)

C4

Sch. 8 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 26(2), 64(1)