Commentary on Sections Other infrastructure provisions Section 24: Special parliamentary procedure in cases under the Planning Act 2008
105.Section 24 repeals sections 128 and 129 of the Planning Act 2008 (“the 2008 Act”). Section 128 requires that in specified circumstances an order granting development consent which authorised the compulsory acquisition of land of a local authority or statutory undertaker would be subject to special parliamentary procedure. Section 129 disapplies section 128 where the authority compulsorily acquiring land was one of a number of specified bodies.
106.The section amends sections 131 and 132 of the 2008 Act. These sections currently make provision for special parliamentary procedure to apply to an order authorising the compulsory acquisition of land, or rights over land, forming part of a common, open space, or fuel or field garden allotment. Where the Secretary of State is satisfied that one of a number of prescribed circumstances apply, the Secretary of State may issue a certificate disapplying this requirement. If the Secretary of State proposes to issue such a certificate, he must give notice of this proposal (or direct the applicant to do so) and give interested persons an opportunity to make representations, and may cause a public local inquiry to be held.
107.If the Secretary of State issues a certificate, he must publish a notice of this in a local newspaper or direct the applicant to do so. The section removes the requirement for the Secretary of State to issue a certificate when satisfied that one of the circumstances prescribed in either section is applicable, and removes the accompanying procedural requirements. Instead, if the Secretary of State is satisfied that one of these circumstances applies, this fact must be recorded in the development consent order itself or in any instrument or other document containing the order.
108.The section also amends sections 131 and 132 of the 2008 Act to insert additional circumstances in which the Secretary of State can provide that an order granting development consent shall not be subject to special parliamentary procedure where open space land or a right over such land is compulsorily acquired. Where land or a right over land which is an open space is compulsory acquired, the Secretary of State will be able to provide that the relevant order will not be subject to special parliamentary procedure where exchange land is not available or is available only at a prohibitive cost, and it is strongly in the public interest for the development to proceed sooner than would be likely if special parliamentary procedure were to apply. The Secretary of State will also be able to provide that an order authorising the acquisition of land or rights over land which is an open space will not be subject to special parliamentary procedure if that land or right is acquired for a temporary (although possibly long-lived) purpose.
109.The section ensures that an order granting development consent made under section 114 of the 2008 Act will be subject to special parliamentary procedure if this is required by either section 130 of that Act (where the order authorises acquisition of land held inalienably by the National Trust), or section 131 or 132 (where the order authorises the acquisition of land, or rights over land, forming part of a common, open space or fuel or field garden allotment). This would ensure that where a development consent order authorises acquisition of land held inalienably by the National Trust, and the Trust has made a representation containing an objection to this acquisition which it has not withdrawn, the order would still be subject to special parliamentary procedure whether or not this is also required under section 131 or 132. It also ensures that if an order would be subject to sSpecial parliamentary procedure as a result of section 131 or 132 of the 2008 Act, then the order would still be subject to special parliamentary procedure whether or not this is also required under section 130 relating to land held inalienably by the National Trust.
110.Any amendment or repeal made by section 24 applies to any order granting development consent made after the amendment or repeal comes into force. This is subject to any transitional provisions set out in the order that commences this section.