Commentary on Sections Other infrastructure provisions Section 23: Removal of Planning Act 2008 consent and certification requirements
101.Section 23 removes three separate certification and consent procedures under the 2008 Act. The issues dealt with under these procedures can be dealt with as part of the examination process for an application for development consent.
102.Subsection (2) removes the requirement in section 127 of the 2008 Act for the Secretary of State to issue a certificate, in certain prescribed circumstances, before a development consent order can authorise the compulsory acquisition of statutory undertakers’ land or rights over their land. The amended section requires the Secretary of State to be satisfied about certain matters before making a development consent order in these circumstances.
103.Subsection (3) removes the requirement in section 137 of the 2008 Act for the consent of the statutory undertaker or operator where the development consent order provides for the acquisition of land, and which authorises the extinguishment or diversion of a public right of way for non-vehicular traffic over land on which there is statutory undertakers’ apparatus or electronic communications apparatus.
104.Subsection (4) removes the requirement in section 138 of the 2008 Act for the Secretary of State to provide his consent where a development consent order authorises the acquisition of land falling into one or more of two categories: land on which a statutory undertaker has erected apparatus or where electronic communications apparatus is installed; and land in respect of which a statutory undertaker or electronic communications code network operator has a right of way, or a right of laying down, erecting, continuing or maintaining apparatus. The amended section enables a development consent order to remove such apparatus or extinguish such rights only where the Secretary of State is satisfied that the extinguishment or removal is necessary for the purpose of carrying out the development.