Planning Act 2008 in Scotland
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
- Part 1: Infrastructure planning: fees
- 1The Infrastructure Planning Commission Repealed
- 2Code of conduct Repealed
- 3Register of Commissioners' interests Repealed
- 4Fees
- Part 2: National policy statements
- 5National policy statements
- 6Review
- 6ZAReview: supplementary
- 6AInterpretation of sections 5(4) and 6(7)
- 6BExtension of consideration period under section 5(4A) or 6(7A)
- 7Consultation and publicity
- 8Consultation on publicity requirements
- 9Parliamentary requirements
- 10Sustainable development
- 11Suspension pending review
- 12Pre-commencement statements of policy, consultation etc. Repealed
- Part 3: Nationally significant infrastructure projects
- General
- 14Nationally significant infrastructure projects: general
- Energy
- 21Other pipe-lines
- 23Airports
- 26Rail freight interchanges
- 28ADesalination plants
- 30Hazardous waste facilities
- Part 4: Requirement for development consent
- 31When development consent is required
- 32Meaning of “development”
- 33Effect of requirement for development consent on other consent regimes
- 34Welsh offshore generating stations
- 35Directions in relation to projects of national significance
- 35ZADirections under sections 35: procedural matters
- 35ATimetable for deciding request for direction under section 35
- 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
- Part 5: Applications for orders granting development consent
- Chapter 1: Applications
- 37Applications for orders granting development consent
- 38Model provisions Repealed
- 39Register of applications
- 40Applications by the Crown for orders granting development consent
- Chapter 2: Pre-application procedure
- 41Chapter applies before application is made
- 42Duty to consult Repealed
- 43Local authorities for purposes of section 42(1)(b) Repealed
- 44Categories for purposes of section 42(1)(d) Repealed
- 45Timetable for consultation under section 42 Repealed
- 46Duty to notify Secretary of State and others of proposed application
- 47Duty to consult local community Repealed
- 48Duty to publicise
- 49Duty to take account of responses to consultation and publicity Repealed
- 50Guidance about pre-application steps
- Chapter 3: Assistance for applicants and others
- 51Advice for potential applicants and others
- 52Obtaining information about interests in land
- 53Rights of entry
- 54Rights of entry: Crown land
- Chapter 4: Fees
- 54APower to provide for fees for certain services in relation to nationally significant infrastructure projects
- Part 6: Deciding applications for orders granting development consent
- Chapter 1: Handling of application by Commission
- 55Acceptance of applications
- 56Notifying persons of accepted application
- 56ALocal authorities for the purposes of sections 56(2)(b) and 60(2)(a)
- 57Categories for purposes of section 56(2)(d)
- 58Certifying compliance with section 56
- 59Notice of persons interested in land to which compulsory acquisition request relates
- 60Local impact reports
- 61Initial choice of Panel or single appointed person
- 62Switching from single appointed person to Panel
- 63Delegation of functions by person appointed to chair Commission Repealed
- Chapter 2: The Panel procedure
- Panels
- 64Panel for each application to be handled under this Chapter
- 65Appointment of members, and lead member, of Panel
- 66Ceasing to be member, or lead member, of Panel
- 67Panel member continuing though ceasing to be Commissioner Repealed
- 68Additional appointments to Panel
- 69Replacement of lead member of Panel
- 70Membership of Panel where application relates to land in Wales Repealed
- 71Supplementary provision where Panel replaces single appointed person
- 72Panel ceasing to have any members
- 73Consequences of changes in Panel
- Panel's role in relation to application
- 74Panel to decide, or make recommendation in respect of, application
- 75Decision-making by the Panel
- 76Allocation within Panel of Panel's functions
- 77Exercise of Panel's powers for examining application
- Chapter 3: The single-appointed-person procedure
- The single appointed person
- 78Single appointed person to handle application
- 79Appointment of single appointed person
- 80Ceasing to be the single appointed person
- 81Single Commissioner continuing though ceasing to be Commissioner Repealed
- 82Appointment of replacement single appointed person
- Single appointed person’s role in relation to application
- 83Single appointed person to examine and report on application
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 84Report from single Commissioner to be referred to Council Repealed
- 85Decisions made by the Council on the application
- Chapter 4: Examination of applications under Chapter 2 or 3
- 86Chapter applies to examination by Panel or single appointed person
- 87Examining authority to control examination of application
- 88Initial assessment of issues, and preliminary meeting
- 88ALocal authorities for the purposes of section 88(3)(d)
- 89Examining authority's decisions about how application is to be examined
- 90Written representations
- 91Hearings about specific issues
- 92Compulsory acquisition hearings
- 93Open-floor hearings
- 94Hearings: general provisions
- 95Hearings: disruption ...
- 95AHearings: defence and national security
- 96Representations not made orally may be made in writing
- 96ARepresentations from public authorities
- 96BCosts
- 97Procedure rules
- 98Timetable for examining, and reporting on, application
- 99Completion of Examining authority's examination of application
- 100Assessors
- 101Legal advice and assistance
- 102Interpretation of Chapter 4: “interested party” and other expressions
- 102APersons in certain categories may ask to become interested parties etc
- 102BCategories for the purposes of section 102A
- Chapter 5: Decisions on applications
- 103Secretary of State is to decide applications
- 104Decisions in cases where national policy statement has effect
- 105Decisions in cases where no national policy statement has effect
- 106Matters that may be disregarded when deciding application
- 107Timetable for decisions
- Chapter 6: Suspension of decision-making process
- 108Suspension during review of national policy statement
- Chapter 7: Intervention by Secretary of State Repealed
- 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
- 114Grant or refusal of development consent
- 115Development for which development consent may be granted
- 116Reasons for decision to grant or refuse development consent
- 117Orders granting development consent: formalities
- Chapter 10: Correction of errors
- 119Correction of errors in development consent decisions
- Part 7: Orders granting development consent
- Chapter 1: Content of orders
- General
- 120What may be included in order granting development consent
- 121Proposed exercise of powers in relation to legislation Repealed
- Compulsory acquisition
- 122Purpose for which compulsory acquisition may be authorised
- 123Land to which authorisation of compulsory acquisition can relate
- 124Guidance about authorisation of compulsory acquisition Repealed
- 125Application of compulsory acquisition provisions
- 126Compensation for compulsory acquisition
- 127Statutory undertakers' land
- 128Local authority and statutory undertakers' land: general Repealed
- 129Local authority and statutory undertakers' land: acquisition by public body Repealed
- 130National Trust land
- 131Commons, open spaces etc: compulsory acquisition of land
- 132Commons, open spaces etc: compulsory acquisition of rights over land
- 134Notice of authorisation of compulsory acquisition
- Miscellaneous
- 135Orders: Crown land
- 136Public rights of way
- 137Public rights of way: statutory undertakers' apparatus etc. Repealed
- 138Extinguishment of rights, and removal of apparatus, of statutory undertakers etc.
- 149ADeemed consent under a marine licence
- 150Removal of consent requirements
- 151Liability under existing regimes
- 152Compensation in case where no right to claim in nuisance
- 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
- 158Nuisance: statutory authority
- 159Interpretation: land and rights over land
- Part 8: Enforcement
- Offences
- 160Development without development consent
- 161Breach of terms of order granting development consent
- 162Time limits
- Rights of entry
- 163Right to enter without warrant
- 164Right to enter under warrant
- 165Rights of entry: supplementary provisions
- 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
- 171Injunctions
- 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
- 178Grants for advice and assistance: Scotland
- 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
- 202Powers of National Assembly for Wales Repealed
- 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
- Part 12: Final provisions
- The Crown and Parliament
- 226The Crown
- 227“Crown land” and “the appropriate Crown authority”
- 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
- General
- 232Orders and regulations
- 233Directions
- 234Abbreviated references to Acts
- 235Interpretation
- 236Application of Act to Scotland: modifications
- 237Supplementary and consequential provision
- 237AVariation and replacement of section 33 consents: transitional provision
- 238Repeals
- 239Financial provisions
- 240Extent
- 241Commencement
- 242Short title
- Schedule 1: The Infrastructure Planning Commission Repealed
- 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
- Schedule 2: Amendments consequential on development consent regime
- 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)
- 15Paragraph 15 Repealed
- 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)
- 50Paragraph 50
- 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
- Schedule 3: Examination of applications by Secretary of State Repealed
- 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
- Schedule 4: Correction of errors in development consent decisions
- Correction of errors
- 1Paragraph 1
- Correction notice
- 2Paragraph 2
- Effect of a correction
- 3Paragraph 3
- Interpretation
- 4Paragraph 4
- Schedule 5: Provision relating to, or to matters ancillary to, development
- 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
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27 Repealed
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 30Paragraph 30 Repealed
- 30AParagraph 30A
- 30BParagraph 30B
- 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
- Schedule 6: Changes to, and revocation of, orders granting development consent
- Preliminary
- 1Paragraph 1
- Non-material changes
- 2Paragraph 2
- Changes to, and revocation of, orders granting development consent
- 3Paragraph 3
- Changes to, and revocation of, orders: supplementary
- 4Paragraph 4
- 5Paragraph 5
- Compensation
- 6Paragraph 6
- 7Paragraph 7
- 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
- Schedule 12: Application of Act to Scotland: modifications
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5 Repealed
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 9AParagraph 9A
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- Schedule 13Repeals