Planning Act 2008 in Northern Ireland
2008 c. 29 · Enacted 26 November 2008 · Extends to United Kingdom
An Act to establish the Infrastructure Planning Commission and make provision about its functions; to make provision about, and about matters ancillary to, the authorisation of projects for the development of nationally significant infrastructure; to make provision about town and country planning; to make provision about the imposition of a Community Infrastructure Levy; and for connected purposes.
[26th November 2008]
Be it enacted by the Queen'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:—C1C2
Annotations to the whole text
Modifications
- C1
Act excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 20, 64(1)
- C2
Act: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)
Contents
- 6ZAReview: supplementary
- 6BExtension of consideration period under section 5(4A) or 6(7A)
- 7Consultation and publicity
- 10Sustainable development
- 11Suspension pending review
- General
- Energy
- 21Other pipe-lines
- 23Airports
- 26Rail freight interchanges
- 28ADesalination plants
- 30Hazardous waste facilities
- 31When development consent is required
- 32Meaning of “development”
- 34Welsh offshore generating stations
- 35ZADirections under sections 35: procedural matters
- 35BDirections disapplying requirement for development consent
- 35CDirections under section 35B: supplementary
- 35DTimetable for deciding request for direction under section 35B
- 36Amendments consequential on development consent regime
- Chapter 1: Applications
- 40Applications by the Crown for orders granting development consent
- Chapter 2: Pre-application procedure
- 41Chapter applies before application is made
- 45Timetable for consultation under section 42 Repealed
- 48Duty to publicise
- 49Duty to take account of responses to consultation and publicity Repealed
- Chapter 3: Assistance for applicants and others
- Chapter 4: Fees
- 54APower to provide for fees for certain services in relation to nationally significant infrastructure projects
- 56ALocal authorities for the purposes of sections 56(2)(b) and 60(2)(a)
- Chapter 2: The Panel procedure
- Panels
- 72Panel ceasing to have any members
- Panel's role in relation to application
- 76Allocation within Panel of Panel's functions
- 77Exercise of Panel's powers for examining application
- The single appointed person
- 84Report from single Commissioner to be referred to Council Repealed
- 85Decisions made by the Council on the application
- 88ALocal authorities for the purposes of section 88(3)(d)
- 90Written representations
- 91Hearings about specific issues
- 95AHearings: defence and national security
- 96ARepresentations from public authorities
- 96BCosts
- 99Completion of Examining authority's examination of application
- 102APersons in certain categories may ask to become interested parties etc
- 102BCategories for the purposes of section 102A
- Chapter 5: Decisions on applications
- Chapter 6: Suspension of decision-making process
- 109Intervention: significant change in circumstances Repealed
- 110Intervention: defence and national security Repealed
- 111Intervention: other circumstances Repealed
- 112Power of Secretary of State to intervene Repealed
- 113Effect of intervention Repealed
- Chapter 8: Grant or refusal
- Chapter 10: Correction of errors
- 119Correction of errors in development consent decisions
- Chapter 1: Content of orders
- General
- Compulsory acquisition
- 126Compensation for compulsory acquisition
- 135Orders: Crown land
- 150Removal of consent requirements
- 151Liability under existing regimes
- Chapter 2: Changes to, and revocation of, orders
- 153Changes to, and revocation of, orders granting development consent
- Chapter 3: General
- 154Duration of order granting development consent
- 155When development begins
- 156Benefit of order granting development consent
- 157Use of buildings in respect of which development consent granted
- 159Interpretation: land and rights over land
- Offences
- 162Time limits
- Rights of entry
- 163Right to enter without warrant
- 164Right to enter under warrant
- 166Rights of entry: Crown land
- Information notices
- 167Power to require information
- 168Offences relating to information notices
- Notices of unauthorised development
- 169Notice of unauthorised development
- 170Execution of works required by notice of unauthorised development
- Injunctions
- Isles of Scilly
- 172Isles of Scilly
- The relevant local planning authority
- 173The relevant local planning authority
- Part 9: Changes to existing planning regimes
- Chapter 1: Changes related to development consent regime
- Planning obligations
- 174Planning obligations
- Blighted land
- 175Blighted land: England and Wales
- 176Blighted land: Scotland
- Grants
- 177Grants for advice and assistance: England and Wales
- Chapter 2: Other changes to existing planning regimes
- Regional functions
- 179Delegation of functions of regional planning bodies Repealed
- Local development
- 180Local development documents
- Climate change
- 181Regional spatial strategies: climate change policies Repealed
- 182Development plan documents: climate change policies
- Good design
- 183Good design
- Correction of errors
- 184Correction of errors in decisions
- Validity of strategies, plans and documents
- 185Power of High Court to remit strategies, plans and documents
- 186Power of High Court to remit unitary development plans in Wales Not yet in force
- Determination of applications
- 187Power to decline to determine applications: amendments
- Planning permission
- 188Local development orders: removal of requirement to implement policies
- 189Compensation where development order or local development order withdrawn
- 190Power to make non-material changes to planning permission
- Validity of planning decisions
- 191Validity of orders, decisions and directions
- Trees
- 192Tree preservation orders
- Statutory undertakers
- 195Applications and appeals by statutory undertakers
- Determination of procedure
- 196Determination of procedure for certain proceedings
- Appeals
- 197Appeals: miscellaneous amendments
- 198Appeals relating to old mining permissions
- Fees
- 199Fees for planning applications
- 200Fees for appeals
- Meaning of “local authority”
- 201Meaning of “local authority” in planning Acts
- Part 10: Wales
- 207Joint committees
- 209Liability: interpretation of key terms
- 212ACharging schedule: examiner's recommendations
- 214Charging schedule: effect
- 214ASecretary of State: power to require review of certain charging schedules
- 215Appeals
- 216BUse of CIL in an area to which section 216A(1) duty does not relate
- 217Collection
- 220Community Infrastructure Levy: procedure
- 221Secretary of State
- 222Regulations and orders: general
- 223Relationship with other powers
- 224Community Infrastructure Levy: amendments
- 225Community Infrastructure Levy: repeals
- The Crown and Parliament
- 226The Crown
- 228Enforcement in relation to the Crown and Parliament
- Service of notices and other documents
- 229Service of notices: general
- 230Service of documents to persons interested in or occupying premises
- 231Service of notices on the Crown and Parliament
- 233Directions
- 234Abbreviated references to Acts
- 236Application of Act to Scotland: modifications
- 237Supplementary and consequential provision
- 238Repeals
- 239Financial provisions
- 241Commencement
- 242Short title
- Membership, chair and deputies Repealed
- 1Paragraph 1 Repealed
- Terms of appointment Repealed
- 2Paragraph 2 Repealed
- Tenure Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Remuneration etc. of Commissioners Repealed
- 5Paragraph 5 Repealed
- Council Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- Chief executive and staff Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- Arrangements for assistance Repealed
- 14Paragraph 14 Repealed
- Delegation Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- Reports Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- Funding Repealed
- 19Paragraph 19 Repealed
- Accounts Repealed
- 20Paragraph 20 Repealed
- Status Repealed
- 21Paragraph 21 Repealed
- Validity of proceedings Repealed
- 22Paragraph 22 Repealed
- Application of seal and proof of instruments Repealed
- 23Paragraph 23 Repealed
- Parliamentary Commissioner Repealed
- 24Paragraph 24 Repealed
- Disqualification Repealed
- 25Paragraph 25 Repealed
- Public records Repealed
- 26Paragraph 26 Repealed
- Freedom of information Repealed
- 27Paragraph 27 Repealed
- Green Belt (London and Home Counties) Act 1938 (c. xciii)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Pipe-lines Act 1962 (c. 58)
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Harbours Act 1964 (c. 40)
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Gas Act 1965 (c. 36)
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Energy Act 1976 (c. 76)
- Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Highways Act 1980 (c. 66)
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- Electricity Act 1989 (c. 29)
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- Town and Country Planning Act 1990 (c. 8)
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41 Repealed
- Planning (Hazardous Substances) Act 1990 (c. 10)
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- New Roads and Street Works Act 1991 (c. 22)
- 48Paragraph 48
- 49Paragraph 49
- Water Industry Act 1991 (c. 56)
- Transport and Works Act 1992 (c. 42)
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- Town and Country Planning (Scotland) Act 1997 (c. 8)
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10)
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- Housing and Regeneration Act 2008 (c. 17)
- 65Paragraph 65
- Crossrail Act 2008 (c. 18)
- 66Paragraph 66
- Schedule 2A: Biodiversity gain
- 1Introductory
- 2Biodiversity gain statement
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Development covered by an existing national policy statement
- 10Development not covered by a national policy statement
- 11Development at sea
- 12Interpretation
- Examination of matters by Commission: procedure Repealed
- 1Paragraph 1 Repealed
- Examination of matters by Secretary of State: procedure Repealed
- 2Paragraph 2 Repealed
- Rules Repealed
- 3Paragraph 3 Repealed
- Appointed representatives Repealed
- 4Paragraph 4 Repealed
- Correction of errors
- Correction notice
- Effect of a correction
- 3Paragraph 3
- Interpretation
- Part 1: The matters
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 31Paragraph 31
- 32Paragraph 32
- 32AParagraph 32A
- 32BParagraph 32B
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- Part 2: Interpretation
- 39Paragraph 39
- Preliminary
- Non-material changes
- Changes to, and revocation of, orders granting development consent
- Changes to, and revocation of, orders: supplementary
- Compensation
- Schedule 7: Power to decline to determine applications: amendments
- Town and Country Planning Act 1990 (c. 8)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Planning and Compulsory Purchase Act 2004 (c. 5)
- 7Paragraph 7
- Schedule 8: Tree preservation orders: further amendments
- Forestry Act 1967 (c. 10)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Town and Country Planning Act 1990 (c. 8)
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Planning and Compensation Act 1991 (c. 34)
- 20Paragraph 20
- Local Government, Planning and Land Act 1980 (c. 65) Repealed
- 1Paragraph 1 Repealed
- New Towns Act 1981 (c. 64) Repealed
- 2Paragraph 2 Repealed
- Housing Act 1988 (c. 50) Repealed
- 3Paragraph 3 Repealed
- Town and Country Planning Act 1990 (c. 8) Repealed
- 4Paragraph 4 Repealed
- Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) Not yet in force
- 5Paragraph 5 Not yet in force
- Regional Development Agencies Act 1998 (c. 45) Repealed
- Schedule 10: Further provisions as to the procedure for certain proceedings
- Town and Country Planning Act 1990 (c. 8)
- 1Paragraph 1
- 2Paragraph 2 Not yet in force
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9 Not yet in force
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) Not yet in force
- 15Paragraph 15 Not yet in force
- 16Paragraph 16 Not yet in force
- 17Paragraph 17 Not yet in force
- 18Paragraph 18 Not yet in force
- 19Paragraph 19 Not yet in force
- 20Paragraph 20 Not yet in force
- 21Paragraph 21 Not yet in force
- 22Paragraph 22 Not yet in force
- 23Paragraph 23 Not yet in force
- 24Paragraph 24 Not yet in force
- Planning (Hazardous Substances) Act 1990 (c. 10) Not yet in force
- 25Paragraph 25 Not yet in force
- 26Paragraph 26 Not yet in force
- 27Paragraph 27 Not yet in force
- 28Paragraph 28 Not yet in force
- 29Paragraph 29 Not yet in force
- 30Paragraph 30 Not yet in force
- Schedule 11: Appeals: miscellaneous amendments
- Town and Country Planning Act 1990 (c. 8)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
- 5Paragraph 5
- Planning (Hazardous Substances) Act 1990 (c. 10)
- 6Paragraph 6
- 1Paragraph 1
- 3Paragraph 3
- 5Paragraph 5 Repealed
- 8Paragraph 8
- 9Paragraph 9
- 9AParagraph 9A
- 10Paragraph 10
- 11Paragraph 11
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 19Paragraph 19
- 21Paragraph 21
- 23Paragraph 23
- 25Paragraph 25
- 26Paragraph 26