Levelling-up and Regeneration Act 2023

133 Participation in certain proceedings conducted by, or on behalf of, the Secretary of State

(1) The Secretary of State may, to the extent not otherwise able to do so, require or permit a person who takes part in relevant proceedings conducted by the Secretary of State to do so (wholly or partly) remotely.

(2) The references in subsection (1) to the Secretary of State include references to a person appointed by the Secretary of State.

(3) “Relevant proceedings” means any inquiry, hearing, examination, meeting or other proceedings under an Act (whenever passed or made) which relate to planning, development or the compulsory purchase of land.

(4) Relevant proceedings include, in particular—

(a) any proceedings to which section 319A of TCPA 1990 applies (see subsections (7) to (10) of that section);

(b) any proceedings under section 20 of, or paragraph 6 of Schedule 3 to, the Listed Buildings Act;

(c) any proceedings under section 21 of, or paragraph 6 of the Schedule to, the Hazardous Substances Act;

(d) any proceedings under section 13A of, or paragraph 4A of Schedule 1 to, the Acquisition of Land Act 1981;

(e) any proceedings under Part 10A or Part 11 of the Planning Act 2008;

(f) an examination under Part 2 of PCPA 2004;

(g) an examination under Chapter 2 or 3 of Part 6 of the Planning Act 2008 (including any meetings under Chapter 4 of that Part) in relation to an application for an order granting development consent;

(h) an examination under Schedule 4B to the TCPA 1990 in relation to a draft neighbourhood development order.

(5) For the purposes of this section a person takes part in relevant proceedings remotely if they take part through—

(a) a live telephone link,

(b) a live television link, or

(c) any other arrangement which does not involve the person attending the proceedings in person.