Growth and Infrastructure Act 2013 (c. 27)

(1) In the Town and Country Planning Act 1990, after section 62 insert— (1) A relevant application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) be made instead to the Secretary of State if the following conditions are met at the time it is made— (a) the local planning authority concerned is designated by the Secretary of State for the purposes of this section; and (b) the development to which the application relates (where the application is within subsection (2)(b)(i)), or the development for which outline planning permission has been granted (where the application is within subsection (2)(b)(ii)), is major development. (2) In this section— (a) “ major development ” means development of a description prescribed by the Secretary of State; (b) “ relevant application ” means— (i) an application for planning permission for the development of land in England, other than an application of the kind described in section 73(1); or (ii) 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. (3) Where a relevant application is made to the Secretary of State under this section, an application under the planning Acts— (a) that is— (i) an application for listed building consent, or for conservation area consent, under the Planning (Listed Buildings and Conservation Areas) Act 1990, or (ii) an application of a description prescribed by the Secretary of State, (b) that is considered by the person making the application to be connected with the relevant application, (c) that would otherwise have to be made to the local planning authority or hazardous substances authority, (d) that is neither a relevant application nor an application of the kind described in section 73(1), and (e) that relates to land in England, may (if the person so chooses) be made instead to the Secretary of State. (4) If an application (“the connected application”) is made to the Secretary of State under subsection (3) 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 would 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. (5) The decision of the Secretary of State on an application made to the Secretary of State under this section shall be final. (6) 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 to the Secretary of State under this section that would otherwise have been made to the authority; and directions under this subsection— (a) may relate to a particular application or to applications more generally; and (b) may be given to a particular authority or to authorities more generally.

(1) In section 320 of the Town and Country Planning Act 1990 (local inquiries), at the end insert— “ (3) In its application by subsection (2) to an inquiry held in England, section 250(4) of that Act has effect as if— (a) after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ” , and (b) after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ” . ” (2) In section 322 of that Act (orders as to costs of parties where no local inquiry held), after subsection (1A) insert— “ (1B) Section 250(4) of the Local Government Act 1972 applies to costs incurred by the Secretary of State, or a person appointed by the Secretary of State, in relation to proceedings in England to which this section applies which do not give rise to a local inquiry as it applies to costs incurred in relation to a local inquiry. (1C) In its application for that purpose, section 250(4) of that Act has effect as if— (a) after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ” , and (b) after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ” . (1D) Section 42 of the Housing and Planning Act 1986 (recovery of Minister's costs) applies to costs incurred in relation to proceedings in England to which this section applies which do not give rise to a local inquiry as it applies to costs incurred in relation to an inquiry. ” (3) In section 322A of that Act (costs orders: supplementary), after subsection (2) insert— “ (3) Where this section applies in the case of an inquiry or hearing which was to take place in England but did not, section 250(4) of that Act applies to costs incurred by the Secretary of State or a person appointed by the Secretary of State as if— (a) in the case of an inquiry, the inquiry had taken place; (b) in the case of a hearing, the hearing were an inquiry which had taken place. (4) In its application for that purpose, section 250(4) of that Act has effect as if— (a) after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ” , and (b) after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ” . (5) Section 42 of the Housing and Planning Act 1986 (recovery of Minister's costs) applies to costs incurred in relation to a hearing of the kind referred to in subsection (1) or (1A) which was to take place in England but did not as it applies to costs incurred in relation to an inquiry which was to take place but did not. ” (4) In section 322B of that Act (local inquiries in London: costs), in the subsection set out in subsection (5)— (a) after “the costs incurred by the Secretary of State in relation to the inquiry” insert “ , or such portion of those costs as he may direct, ” , and (b) after “the amount of the costs so incurred” insert “ or, where he directs a portion of them to be paid, the amount of that portion ” . (5) In section 323 of that Act (power to make provision about procedure in cases where no inquiry or hearing etc), after subsection (3) insert— “ (4) Regulations made by the Secretary of State under this section may include provision as to the circumstances in which, in proceedings in England such as are mentioned in subsection (1) or (1A)— (a) directions may be given under section 250(4) of the Local Government Act 1972 as applied by a prescribed provision of this Act; (b) orders for costs may be made under section 250(5) of that Act as so applied. ” (6) In section 9 of the Tribunals and Inquiries Act 1992 (power to make provision about procedure in inquiries and hearings), after subsection (3) insert— “ (3ZA) Rules made by the Lord Chancellor under this section may include provision as to the circumstances in which, in statutory inquiries held in England— (a) directions may be given under section 250(4) of the Local Government Act 1972 as applied by a provision of the Town and Country Planning Act 1990 specified in the rules; (b) orders for costs may be made under section 250(5) of the Local Government Act 1972 as so applied. ” (7) In Schedule 6 to the Town and Country Planning Act 1990 (determination of certain appeals by person appointed by the Secretary of State), in paragraph 2, after sub-paragraph (10) insert— “ (11) The Secretary of State may, if he thinks fit, direct that anything in connection with an appeal in England to which this Schedule applies which would otherwise fall to be done by an appointed person shall instead be done by the Secretary of State. ” Commencement Information I5 S. 2(1)-(6) in force at 1.10.2013 by S.I. 2013/2143 , art. 2(b) I6 S. 2(7) in force at 25.6.2013 by S.I. 2013/1488 , art. 3(a)