Commentary on Sections Other infrastructure provisions Section 27: Authorisation of road user charging under Planning Act 2008
127.Section 27 adds new subsections (2A) and (2B) to section 144 of the 2008 Act and removes subsection (3) from that section. Section 144 deals with development consent orders for nationally significant highways projects under the 2008 Act. Section 144(2) provides for a development consent order that authorises the charging of tolls to be treated as a “toll order” for the purposes of the New Roads and Street Works Act 1991, so that the procedural provisions of that Act apply. The new subsections clarify that subsection (2) does not apply to a development consent order if (as well as authorising the charging of tolls) it also authorises other road user charging The repeal of subsection (3) removes an existing limitation on the ability of development consent orders under the 2008 Act to provide for the transfer and appropriation of roads.