The Act provides for the setting up of a new body, Infrastructure Planning Commission (IPC) whose prime responsibility will be to determine nationally significant planning projects (NSIPs). The Act outlines details for the setting up of a suite of National Policy Statements (NPSs) which define planning policy in areas such as nuclear development and airport expansion and sets out the framework for the introduction of the Community Infrastructure Levy (CIL). 

 

The Act also uniquely provides that the IPC can grant compulsory purchase powers as part of a grant of development consent.  The Act also amends section 237 of the Town and Country Planning Act 1990 (Section 194 and Schedule 9: power to override easements and other rights). The amendment for which the CPA lobbied will ensures that: (…) the use of any land in England acquired or appropriated by a local authority for planning purposes (whether the use is by the local authority or by a person deriving title under them) is authorised by virtue of this section if it is in accordance with planning permission (…) (Paragraph 4 of Schedule 9).

 

 

• Applies to England and Wales
• Royal Assent on 26 November 2008
• It is coming into force in a piecemeal fashion

 

Planning Act 2008 (Commencement No 1 and Savings) Order SI 2009/400, published 5 March 2009.  This SI brings into force, on 6 April 2009, provisions of the Act in relation to England, and Wales, and to the extent specified in section 240(4) of the Act to Scotland, and relating to in summary:

• NPS and legal challenges to national policy statements
• Provisions relating to blight so far as it relates to land identified in NPS
• Grants for advice and assistance
• Delegation of functions to regional development agencies
• Use of land: power to override easements and other rights
• Certain provisions relating to the CIL
• A number of other provisions not detailed here. 

 

 

So that we can make the best use of comments received, please include your name and contact details (phone and / or email). We may wish to contact you to discuss your comment further. Please note that we will NOT identify the source of any comments or attribute any quotes without your express permission.