The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

Interpretation

2.—(1) In these Regulations—

“the Act” means the Planning Act 2008;

“AONB Conservation Boards” are established under section 86 of the Countryside and Rights of Way Act 2000 (establishment of conservation boards)(1);

“applicant” means a person who either proposes to make an application for an order granting development consent or has made such an application;

“EIA development” and “environmental statement” have the same meaning as given by regulation 2(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009(2);

“fire and rescue authority” has the same meaning as in section 1 of the Fire and Rescue Services Act 2004 (fire and rescue authorities)(3);

“Integrated Transport Authority” has the same meaning as in section 77 of the Local Transport Act 2008 (change of name of passenger transport authorities and PTAs)(4);

“internal drainage board” has the same meaning as in section 1 of the Land Drainage Act 1991 (internal drainage districts and boards)(5);

“land plan” is the plan produced in accordance with regulation 5(2)(i);

“local resilience forum” has the same meaning as in regulation 4 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005(6);

“marine area” means–

(a)

waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)

an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)

a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)

an area designated under section 1(7) of the Continental Shelf Act 1964(7), except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish ministers have functions;

“police authority” means an authority established under section 3 of the Police Act 1996 (establishment of police authorities)(8);

“preliminary environmental information” has the same meaning as given by regulation 2(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009;

“regional development agency” means a regional development agency established under section 1 of the Regional Development Agency Act 1998 (establishment)(9);

“Regional Planning Body” means a body recognised by the Secretary of State under section 2 of the Planning and Compulsory Purchase Act 2004 (regional planning bodies)(10);

“registration form” means such a form as may be prescribed from time to time for the purpose of making representations under section 102(4) (interpretation of Chapter 4: “interested party” and other expressions);

“relevant Northern Ireland Department” means the Northern Ireland Department responsible for the matter to which an application or proposed application relates (if more than one department is responsible, the reference is to all of them);

“Renewable Energy Zone” means zones designated under section 84 of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production)(11);

“replacement land” means the land identified on a plan entitled “Replacement Land Plan” and forming part of the land plan;

“safety zones” means safety zones created under section 95 of the Energy Act 2004 (safety zones around renewable energy installations);

“special category land” means the land identified as forming part of a common, open space, National Trust land or fuel or field garden allotment and on the plan entitled “Special Category Land Plan” and forming part of the land plan;

“Strategic Health Authority” means an authority established under section 13 of the National Health Services Act 2006 (Strategic Health Authorities)(12);

“statutory undertaker” has the same meaning as in section 127 (statutory undertakers land);

“the book of reference” has the meaning given by regulation 7.

(2) Any reference in these Regulations to a section, without more, is a reference to a section of the Act.

(1)

2000 c.37. Section 86 was amended by the Planning and Compulsory Purchase Act 2004, sections 118(2), 120, Sch 7, para 23(a) and (b), Sch 9 and by the Natural Environment and Rural Communities Act 2006, section 105(1), Sch 11, Pt 1, para 164(c).

(2)

S.I. 2009/2263

(3)

2004 c.21. Section 1 was amended by the Civil Contingencies Act 2004, section 31(1), Sch 2, Pt 1, para 10(1),(2).

(4)

2008 c.26.

(5)

1991 c.59.

(6)

S.I. 2005/ 2042.

(7)

1964 c.29. Sub-section 1(7) was amended by the Oil and Gas (Enterprise) Act 1982, section 37, Sch 3, para 1.

(8)

1996 c.16.

(9)

1998 c.45.

(10)

2004 c.5.

(11)

2004 c.20.

(12)

2006 c.41.