51-425: In England and Wales , a nationally significant infrastructure project ( NSIP ) is a major infrastructure development that bypasses normal local planning requirements . These include proposals for power plants, large renewable energy projects, new airports and airport extensions, and major road and rail projects. The NSIP nomenclature began to be used in 2008, and since April 2012 these projects have been managed by
102-512: A "one stop shop" to receive consent, instead of having to go to several bodies. Part 4 of the Planning Act 2008 states that NSIP will require a DCO, eliminating the need to seek approval under different regimes. The Localism Act 2011 , which received royal assent on 15 November 2011, introduced further reforms towards the planning process for NSIP. The Localism Act 2011 reduced the number of local authorities that need to be consulted during
153-494: A duty to consult the local community under s(4) part 6 of the Act and that the applicant has a duty to consult every person living in the vicinity of the land. Each English housing authority must have an "allocation scheme" for determining priorities. Reasonable preference should be given to groups such as the homeless and those living in unsanitary conditions but otherwise housing authorities may themselves decide whom to support and
204-512: A local referendum. Suitable community organisations can obtain the rights to develop an area plan. A Neighbourhood Area , for which a Neighbourhood Plan may be developed, is an area designated by a local planning authority in response to an application from a parish council or from a neighbourhood forum in an unparished area. The Act specifies how planning decisions can be legally enforced and allows planning authorities to decline to process planning applications which include any region affected by
255-489: A long time to prepare as it takes two and a half months for consultation with the local authorities, the local community and statutory consultees before an application could be approved. An example would be the need for public consultation as the Planning Act 2008 requires that all applications for a DCO must follow the National Policy Statements, and during the pre-application process Section 47 requires
306-463: A new regime for development consent for certain types of nationally significant infrastructure, including but not limited to nuclear and wind energy, airports, harbours, and wastewater projects. This new regime was intended to replace the traditional planning system and managed to reduce uncertainty around NSIP by introducing DCOs which were aimed towards increasing efficiency by reducing the amount of consent regimes required to meet development consent, as
357-567: A planning enforcement notice. Nationally the Infrastructure Planning Commission is abolished and new powers put in place to cover national infrastructure projects. Chapter 4 of the Act carries a requirement to carry out "pre-application consultation" before applying for planning permission for the development of any land in England. This section also specifies that the person carrying the planning application has
408-790: A practice which was rare before the middle of the 20th century. Examples are the Welsh Language Acts 1967 and 1993 and the Government of Wales Act 1998 . Measures and Acts of the Senedd apply in Wales, but not in England. Following the Government of Wales Act, effective since May 2007, the Senedd can legislate on matters devolved to it. Following a referendum on 3 March 2011 , the Senedd gained direct law-making powers, without
459-509: A proposed supplement. In practice this prevented new BRS being proposed, as few rate-payers would voluntarily vote in favour of additional taxes. As a result, no new supplements have been introduced since 2011, despite authorities notionally having the power to do so. The only major scheme to have been funded from a Business Rate Supplement remains the CrossRail project in London, which imposed
510-594: A reference to "England" in legislation included Wales, and so in 1746, Parliament passed the Wales and Berwick Act 1746 . This specified that in all prior and future laws, references to "England" would by default include Wales (and Berwick-upon-Tweed ). The Wales and Berwick Act was repealed by the Welsh Language Act 1967 , although the statutory definition of "England" created by that Act still applies for laws passed before 1967. In new legislation since then, what
561-638: A time extended to the Antonine/Severan Wall . At that time, most of the native inhabitants of Roman Britain spoke Brythonic languages , and were all regarded as Britons , divided into numerous tribes. After the conquest, the Romans administered this region as a single unit, the province of Britain . Long after the departure of the Romans, the Britons in what became Wales developed their own system of law , first codified by Hywel Dda (Hywel
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#1732794143578612-536: Is a stub . You can help Misplaced Pages by expanding it . This article relating to Town and country planning in the United Kingdom is a stub . You can help Misplaced Pages by expanding it . England and Wales England and Wales ( Welsh : Cymru a Lloegr ) is one of the three legal jurisdictions of the United Kingdom . It covers the constituent countries England and Wales and was formed by
663-482: Is a duty for interested parties to co-operate in the preparation of development plans. The Community Infrastructure Levy now includes the additional costs, besides infrastructure costs, that development places on an area and the money raised can be used to fund the improvement, replacement, operation or maintenance of infrastructure as well as its provision. The Act allows neighbourhood plans to be developed but to be adopted they have to pass both an inspection stage and
714-644: Is an application for approval to construct a NSIP which is dealt with by the Planning Inspectorate who recommends the application to the Secretary of State, whom in turn has the authority to decide upon whether development should go ahead. Prior to the introduction of the Planning Act 2008, it was apparent that the town and planning system was not a "one-size fits all" solution when it came to major infrastructure projects such as Heathrow Terminal 5 , which had planning permission granted eight years after
765-613: Is being assessed. This section is concerned with administrative details, such as the date at which each section of the Act starts operating, how consultations should be carried out and the powers needed to make and amend the orders and regulations required by the Act. The first prosecution to take place under the Act was against Spencer Flower, former leader of Dorset County Council and also an East Dorset District Councillor , whose trial took place at Bournemouth Magistrates' Court (then in Stafford Road) on 30 March 2015. The charge
816-505: Is distinct from those of Northern Ireland and Scotland , and from Commonwealth realms . The national parks of England and Wales have a distinctive legislative framework and history. Localism Act 2011 The Localism Act 2011 (c. 20) is an Act of Parliament that changes the powers of local government in England . The aim of the act is to facilitate the devolution of decision-making powers from central government control to individuals and communities. The measures affected by
867-413: Is not limited by some other Act. Sections 27 to 36 deal with the standards expected of council members and with the keeping of public registers of interests. In an important change, it specifically empowers members to take part in a decision on a matter after previously having expressed views on it, without the risk the decision being invalid due to bias or predetermination . These sections give ministers
918-701: The Cornish unitary authority ." Talks took place in 2011 between the Deputy Prime Minister Nick Clegg and a cross party group, including the six Cornish MPs, as to how to bring about the devolution of powers to Cornwall. No progress was made, resulting in Mebyon Kernow relaunching its campaign for a Cornish Assembly in 2014. In November 2011, the Greater Manchester Combined Authority used
969-640: The Laws in Wales Acts 1535 and 1542 . The substantive law of the jurisdiction is English law . The devolved Senedd (Welsh Parliament; Welsh : Senedd Cymru ) – previously named the National Assembly for Wales – was created in 1999 under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the legislature were expanded by the Government of Wales Act 2006 , which allows it to pass its own laws , and
1020-540: The Localism Act 2011 , which transferred decision-making powers created by the 2008 Act to the relevant Secretary of State . Since 1 April 2012, acceptance and examination of applications for development consent is dealt with by a new Infrastructure Planning Unit within the Planning Inspectorate . NSIP are given planning permission via a Development Consent Order (DCO). The Planning Act 2008 created
1071-571: The Mayor of London to prepare and publish an "Economic development strategy for London” and "The London Environment Strategy". The section also allows the Mayor of London to create "Mayoral development corporations" whose object is to regenerate parts of London identified as "Mayoral development areas". This is concerned with changes to the "Land Compensation Act 1961" which mean that existing planning permissions can be taken into account when compensation
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#17327941435781122-509: The Planning Inspectorate . NSIP were initially controlled by the Infrastructure Planning Commission (IPC), which was established by the Planning Act 2008 , which began operating on 1 October 2009 on an advice and guidance basis. Full powers of the IPC to receive, examine and approve applications for development consent came into force on 1 March 2010. The IPC was subsequently abolished by
1173-541: The Secretary of State for Communities and Local Government , Eric Pickles , and given its first reading on 13 December 2010. The Bill completed the third reading in the House of Lords on 31 October 2011. The bill received Royal Assent on 15 November 2011. The main section of the Act is split into ten parts (totalling 240 pages), and this is followed by 25 further schedules (an additional 243 pages). A short summary of
1224-625: The "CrossRail Supplement" in April 2010. This section is concerned with council tax and requires local authorities, fire authorities , and police and crime commissioners to conduct a local referendum if they wish to implement a council tax increase that is considered "excessive" according to a set of principles defined by the Secretary of State for Communities and Local Government . This section also creates new rights for charitable trusts, voluntary bodies and others to apply to councils and fire and rescue authorities to carry out services provided by
1275-613: The Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England , which is directly governed by the parliament and government of the United Kingdom . During the Roman occupation of Britain , the area of present-day England and Wales was administered as a single unit, except for the land to the north of Hadrian's Wall – though the Roman-occupied area varied in extent, and for
1326-438: The Act include an increase in the number of elected mayors , referendums and the "Local authority’s general power of competence " (Part 1, chapter 1) which states "A local authority has power to do anything that individuals generally may do". Although the act was envisaged as having the potential to bring about wide-scale decentralisation , there have been few significant examples of its implementation. One notable outcome of
1377-824: The Good; reigned 942–950) when he was king of most of present-day Wales (compare King of Wales ); in England Anglo-Saxon law was initially codified by Alfred the Great in his Legal Code , c. 893 . However, after the Norman invasion of Wales in the 11th century, English law came to apply in the parts of Wales conquered by the Normans (the Welsh Marches ). In 1283, the English, led by Edward I , with
1428-611: The Localism Act 2011 to seek provision for a further transfer of powers that would result in an additional devolution of authority from the UK's central government, enhancing its powers over transport and housing and granting it competencies to fund and control schemes on its own terms. However, further devolution required primary legislation and this was announced in November 2014. In 2013, Mayor of Hackney Jules Pipe criticised
1479-483: The Planning Act 2008, which many criticisms were also directed towards. A report published by the Ministry of Housing, Communities and Local Government detailing a post-implementation review of the new planning system has shown that there have not been any applications for a "material change" yet. Common criticisms were directed towards the extensive pre-consultation requirements which meant that applications would take
1530-620: The Welsh House of Tudor . The Laws in Wales Acts 1535 and 1542 then consolidated the administration of all the Welsh territories and incorporated them fully into the legal system of the Kingdom of England. This was in part to update outdated Welsh laws, but also to control Wales alongside England; through these acts, the Welsh could be seen as equals to the English. This was reflected on both Henry VIII and Elizabeth I 's coat of arms where
1581-529: The act has been the combined authorities formed by local authorities pooling their powers of transport and economy and gaining certain functions delegated from central government. As a result, there have been calls for legislation to bring about further devolution to the Core Cities Group , leading to the introduction of the Cities and Local Government Devolution Act 2016 . The bill was introduced by
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1632-411: The applicant to prepare a statement regarding how they propose to consult the local community. However, local residents revealed that pre-application consultation fell within the range of 'poor' to 'very poor' and a prominent critique was that communication between local authorities and the local community was too one sided and developers were reluctant to engage with local opinions and dialogue. Prior to
1683-417: The application. The new procedure was criticised in various ways; one such criticism was that past the application stage, there was very little room for amendment. This could potentially be expensive and time-consuming if amendments to a DCO would be made. An example would be Galloper offshore wind farm , where there had been a request submitted for a "non-material" change which specified a slight amendment to
1734-519: The biggest army brought together in England since the 11th century, conquered the remainder of Wales , then organised as the Principality of Wales . This was then united with the English crown by the Statute of Rhuddlan of 1284. This aimed to replace Welsh criminal law with English law. Welsh law continued to be used for civil cases until the annexation of Wales to England in the 16th century by
1785-484: The conditions of support. People subject to immigration control cannot be supported. An authority's duty to homeless people, who are not intentionally homeless, now ceases if they refuse reasonable accommodation. The housing authorities must publish a "tenancy strategy" giving the types of tenancy provided, the circumstances under which they are granted, their length and the circumstances in which they may be extended. This section also includes many changes to tenancy law, to
1836-622: The council (the " Community Right to Challenge "), and allows lists to be compiled of Assets of Community Value such as shops, pubs and playing fields , which are privately owned, but which are of value to the community; if such assets are later sold, the Act makes it easier for local communities to bid for and take over the assets. The government at the time identified the Community Right to Challenge as an aspect of its approach to improving choice, access and accountability in public services . Regional Strategies are abolished but there
1887-409: The diameter of each monopile foundation from 7 meters (23 feet) to less than 7.5 meters (25 feet). This non-material change had been crucial to the construction of the wind turbines and had it not been approved, the entire NSIP would have been financially unviable. This reluctance for the approval of material amendments was strictly in line with the vigorous pre-consultation requirements under part 4 of
1938-512: The dragon represented Wales and the lion represented England. As soon as the Tudor dynasty ended with the death of Elizabeth I , however, the red dragon of Wales was dropped and replaced with the unicorn of Scotland with the succession of King James I who demoted Wales' status on the coat of arms and on the first adaptation of the Flag of Great Britain . Prior to 1746, it was not clear whether
1989-608: The financing of local authority housing and to the handling of complaints. Home Information Packs , which were required when selling a property, are abolished. This section is concerned with changes to the Acts and regulations which affect the Greater London Authority . It abolishes the London Development Agency to be replaced by a subsidiary corporation ( GLA Land and Property ) and requires
2040-405: The inquiry was submitted. The introduction of the Planning Act was seen as more successful than the previous regime by most accounts, as it managed to reduce costs associated with the inefficient planning system by taking a more front-loaded approach such as the unification of the consent regime, introduction of National Policy Statements and introduction of a fixed timetable for the various stages of
2091-417: The introduction of the Planning Act 2008, consents were often required under two or three pieces of legislation for a single project. The need for several different pieces of legislation to achieve planning consent meant that attempting to gain planning approval often led to delay, uncertainty and frustration. The introduction of the Planning Act 2008 managed to remove the need for other consent regimes providing
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2142-463: The law applicable to that business entity. A registered office must be specified as "in Wales" if the company wishes to use a name ending cyfyngedig or cyf , rather than Limited or Ltd. or to avail itself of certain other privileges relating to the official use of the Welsh language. Outside the legal system, the position is mixed. Some organisations combine as "England and Wales", others are separate. The order of precedence in England and Wales
2193-520: The main points is available. Sections of the Act involving new regulations are straightforward but the Act also includes many detailed modifications of existing Acts, such as the Town and Country Planning Act 1990 and the Planning Act 2008 . This is the major part of the Act, and the one which extends the power of all local authorities, from parish and community councils to county councils, to 'do anything that individuals generally may do', as long as that
2244-650: The need to consult Westminster. This was the first time in almost 500 years that Wales had its own powers to legislate. Each piece of Welsh legislation is known as an Act of Senedd Cymru . For a company to be incorporated in the United Kingdom, its application for registration with Companies House must state "whether the company's registered office is to be situated in England and Wales (or in Wales), in Scotland or in Northern Ireland", which will determine
2295-588: The old system required approval over several pieces of legislation. One example would be that the Sizewell B nuclear power station required consent under legislation including Section 2 of the Electric Lighting Act 1909 and planning permission in Section 40 of the Town and Country Planning Act . This was amended under Part 4 of the Planning Act 2008 where this new process would require a DCO. This
2346-427: The pre-application stage. In addition, the requirement that community consultation had to be published in a local newspaper was removed. This addressed some common complaints towards the planning process, which included that the pre-consultation requirements for NSIP were too onerous and time-consuming. This England -related article is a stub . You can help Misplaced Pages by expanding it . This Wales -related article
2397-564: The right to require public authorities to pay fines to the European Union resulting from an infraction of European Union law. Part 4 amended the beneficiaries to whom discretionary relief on non-domestic rates (i.e. Business Rates) could be granted by a council. Most significantly, Section 68 amended the Business Rate Supplements Act 2009 , imposing a requirement to conduct a ballot of those eligible to pay
2448-539: Was given a six-month conditional discharge and was ordered to pay £930 in costs. It was suggested that the Localism Bill could form a stepping stone to a devolved Cornish Assembly . Greg Clark , the minister responsible for the Bill, had indicated that this would be possible. In November 2010, British Prime Minister David Cameron said that his government would "devolve a lot of power to Cornwall - that will go to
2499-595: Was guaranteed under the 1706 Treaty of Union that led to the Acts of Union 1707 , and as a consequence English law—and after 1801 , Irish law —continued to be separate. Following the two Acts of Union, Parliament can restrict the effect of its laws to part of the realm, and generally the effect of laws, where restricted, was originally applied to one or more of the former kingdoms. Thus, most laws applicable to England also applied to Wales. However, Parliament now passes laws applicable to Wales and not to England (and vice versa),
2550-444: Was referred to as "England" is now "England and Wales", while subsequent references to "England" and "Wales" refer to those political divisions. There have been multiple calls from both Welsh academics and politicians for a Wales criminal justice system . England and Wales are treated as a single unit for some purposes, because the two form the constitutional successor to the former Kingdom of England. The continuance of Scots law
2601-579: Was that on 25 February 2013, Flower had voted in a council meeting on East Dorset's core strategy without having disclosed a pecuniary interest in Synergy Housing Limited, which owned allotment land in Wimborne that was being considered for change of status under the said strategy. District Judge Nicholls found that Flower had a positive duty under Section 31(4) of the Act not to have participated in that meeting, nor to have voted. Flower
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