The Infrastructure Planning (Interested Parties) Regulations 2010

Citation and commencement

1.  These Regulations may be cited as the Infrastructure Planning (Interested Parties) Regulations 2010 and shall come into force on 1st March 2010.

Interpretation

2.—(1) In these Regulations—

“the Act” means the Planning Act 2008;

“address” includes any number or address used for the purposes of electronic transmission;

“affected person” means a person whose name has been given to the Commission in a notice under section 59 (notice of persons interested in land to which compulsory acquisition request relates);

“AONB Conservation Board” means a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000 (establishment of conservation boards)(1);

“application” means an application for an order granting development consent under section 37;

“compulsory acquisition hearing” means a hearing held in accordance with section 92(3) (compulsory acquisition hearings);

“electronic transmission” means a communication transmitted by—

(a)

means of an electronic communications network; or

(b)

other means but in electronic form;

“fire and rescue authority” has the same meaning as in section 1 of the Fire and Rescue Services Act 2004 (fire and rescue authorities)(2);

“the Homes and Communities Agency” means the body established by section 1 of the Housing and Regeneration Act 2008 (establishment and constitution)(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);

“issue-specific hearing” means a hearing held in accordance with section 91 (hearings about specific issues);

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

“Natural England” means the body established by section 1 of the Natural Environment and Rural Communities Act 2006 (constitution)(7);

“open-floor hearing” means a hearing held in accordance with section 93 (open-floor hearings);

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

“Regional Development Agency” means a regional development agency established under section 1 of the Regional Development Agencies 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 the form supplied by and obtained from the Commission for the purpose of making a relevant representation and referred to in the notices and publicity given in accordance with regulations 8 and 9 of the Infrastructure Planning (Applications and Procedure) Regulations 2009(11);

“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); and

“Trinity House” means the Corporation of Trinity House of Deptford Strond.

(2) Any references in these Regulations to a section by number is a reference to a section so numbered in the Act.

Statutory party

3.  The persons specified as statutory parties for the purposes of section 102(3) (interpretation of Chapter 4: “interested party” and other expressions) are—

(a) those listed in Column 1 of the Schedule in the circumstances described in Column 2 of the Schedule; and

(b) any affected person.

Relevant representation

4.—(1) For the purposes of section 102(4)(b) of the Act a relevant representation must be in the form of a registration form.

(2) The registration form must include—

(a) the name, address and any telephone number of the person registering;

(b) the name, address and any telephone number of any agent, or, in the case of an organisation, of the contact person and the organisation which they represent;

(c) a statement as to which address should be used for the purpose of notifying the person registering, their agent or a contact person of any matter and, where appropriate, consent for the use of electronic transmission;

(d) whether or not the person registering has an interest in any land which will be affected by the application, and, if so, the nature of that interest;

(e) an outline of the principal submissions which the person proposes to make in respect of the application; and

(f) a statement as to whether or not the person registering intends to make oral representations—

(i) at a issue-specific hearing;

(ii) at a an open-floor hearing; or

(iii) if they are an affected person at a compulsory acquisition hearing;

as the case may be.

Signed by authority of the Secretary of State for Communities and Local Government

Ian Austin

Parliamentary Under Secretary of State

Department for Communities and Local Government

25th January 2010