Planning Act

Parts 1 to 8 of the Planning Act 2008 create a new system of development consent for nationally significant infrastructure projects. The new system covers certain types of energy, transport, water, waste water and waste projects. The number of applications and permits required for such projects is being reduced, compared with the position under current legislation. A major role in the new system is to be played by a new independent body to be called the Infrastructure Planning Commission ('the Commission'). The Commission will be responsible for examining applications for development consent for nationally significant infrastructure projects. National policy statements will set the framework for decisions by the Commission. The Secretary of State will have a wide discretion as to how prescriptive the policy should be. The Act sets out the procedures for examination of an application. It is intended that in examining applications greater use is made of written representations with less reliance on oral representations; and restrictions are being placed on the use of cross examination by interested parties at a hearing. The Act sets a timetable for examination of applications and decisions. A deadline of six months is stipulated for carrying out the examination procedure and a further three months is allowed for a Council (consisting of between five and nine Commissioners), a Panel or the Secretary of State to take a decision. Part 9 of the Act makes various alterations to the existing town and country planning regime. Part 10 adds certain matters within the field of town and country planning to the legislative competence of the National Assembly for Wales. Part 11 empowers the Secretary of State to establish a Community Infrastructure Levy.