Chwilio Deddfwriaeth

Chwiliad Uwch

The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011

Help about what version

Pa Fersiwn

Help about advanced features

Nodweddion Uwch

Changes over time for: The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 (Schedules only)

Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to :

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

Regulations 10, 19 and 55

SCHEDULE 1E+W+SConsultation and notification

Table

Column 1; ConsulteeColumn 2; Circumstances when that person must be consulted about a proposed application.Column 3; Circumstances when that person must be notified about an application.
The Welsh MinistersAll proposed applications likely to affect land in WalesAll applications likely to affect land in Wales
The Scottish ExecutiveAll proposed applications likely to affect land in ScotlandAll applications likely to affect land in Scotland
The relevant Northern Ireland DepartmentAll proposed applications likely to affect land in Northern IrelandAll applications likely to affect land in Northern Ireland
The Health and Safety ExecutiveAll casesAll cases
[F1The National Health Service Commissioning Board and the relevant clinical commissioning group]All proposed applications likely to affect land in England and WalesAll applications likely to affect land in England
The relevant Health Board M1All proposed applications likely to affect land in ScotlandAll applications likely to affect land in Scotland
Natural England M2All proposed applications likely to affect land in EnglandAll applications likely to affect land in England
The Historic Buildings and Monuments Commission for EnglandAll proposed applications likely to affect land in EnglandAll applications likely to affect land in England
The relevant fire and rescue authorityAll casesAll cases
The relevant [F2police and crime commissioner]All casesAll cases
The relevant parish council, or, where the application relates to land Wales or Scotland the relevant community councilAll casesAll cases
The Environment AgencyAll proposed applications likely to affect land in England F3...All applications likely to affect land in England F3...
The Scottish Environment Protection AgencyAll proposed applications likely to affect land in ScotlandAll applications likely to affect land in Scotland
F4. . .F4. . .F4. . .
F5. . .F5. . .F5. . .
[F6The Equality and Human Rights CommissionAll proposed applications likely to affect land in England and WalesAll applications likely to affect land in England and Wales]
[F7The Scottish Human Rights CommissionAll proposed applications likely to affect land in ScotlandAll applications likely to affect land in Scotland]
F8. . .F8. . .F8. . .
[F9relevant] AONB Conservation BoardsAll proposed applications likely to affect an AONB that is managed by a Conservation BoardAll applications likely to affect an AONB that is managed by a Conservation Board.
Royal Commission on Ancient and Historical Monuments of WalesAll proposed applications likely to affect the historic environment in WalesAll applications likely to affect the historic environment in Wales
[F10The Natural Resources Body for Wales]All proposed applications likely to affect land in WalesAll applications likely to affect land in Wales
[F11The Homes and Communities Agency M3All proposed applications likely to have an effect on its areas of responsibilityAll applications likely to have an effect on its areas of responsibility]
The Joint Nature Conservation CommitteeAll proposed applications likely to affect the marine environmentAll applications likely to affect the marine environment.
F12. . .F12. . .F12. . .
Scottish Natural HeritageAll proposed applications likely to affect land in ScotlandAll applications likely to affect land in Scotland
The Maritime and Coastguard AgencyAll proposed applications likely to affect the maritime or coastal environment, or the shipping industryAll applications likely to affect the maritime or coastal environment, or the shipping industry.
The Civil Aviation AuthorityAll proposed applications relating to airports or which are likely to affect an airport or its current or future operationAll applications relating to airports or which are likely to affect an airport or its current or future operation
[F13The Secretary of State for Transport]All proposed applications likely to affect road or transport operation and/or planning on roads for which the Secretary of State for Transport is the highway authority.All applications likely to affect road or transport operation and/or planning on roads for which the Secretary of State for Transport is the highway authority.
Integrated Transport Authorities (ITAs) and Passenger Transport Executives (PTEs)All proposed applications likely to affect transport within, to or from the relevant integrated transport area of the ITA or PTEAll applications likely to affect transport within, to or from the relevant integrated transport area of the ITA or PTE
The relevant highway authorityAll proposed applications likely to have an impact on the road network or the volume of traffic in the vicinity of the proposalAll applications likely to have an impact on the road network or the volume of traffic in the vicinity of the proposal
[F14The relevant strategic highways company All proposed applications likely to affect road or transport operation and/or planning on roads for which the strategic highways company is the highway authority.All applications likely to affect road or transport operation and/or planning on roads for which the strategic highways company is the highway authority.]
Transport for LondonAll proposed applications likely to affect transport within, to or from Greater LondonAll applications likely to affect transport within, to or from Greater London
[F15Passenger FocusAll proposed applications likely to affect rail passenger transportAll applications likely to affect rail passenger transport]
[F16The Disabled Persons Transport Advisory CommitteeAll proposed applications likely to affect access to transport for disabled peopleAll applications likely to affect access to transport for disabled people]
The Coal AuthorityAll proposed applications that lie within areas of past, present or future coal miningAll applications that lie within areas of past, present or future coal mining.
[F17The [F18 Office of Rail and Road] and approved operators M4All proposed applications likely to affect the rail transport industryAll applications likely to affect the rail transport industry]
[F19The Gas and Electricity Markets AuthorityAll proposed applications likely to affect gas and electricity marketsAll applications likely to affect gas and electricity markets]
[F20The Water Services Regulation AuthorityAll proposed applications likely to affect the water industry in England and WalesAll applications likely to affect the water industry in England and Wales]
[F21The Water Industry Commission of ScotlandAll proposed applications likely to affect the water industry in ScotlandAll proposed applications likely to affect the water industry in Scotland]
[F22The relevant waste regulation authorityAll proposed applications likely to affect waste infrastructureAll applications likely to affect waste infrastructure]
The relevant internal drainage boardAll proposed applications likely to increase the risk of flooding in that area or where the proposals relate to an area known to be an area of flood riskAll applications likely to increase the risk of flooding in that area or where the proposals relate to an area know to be an area of flood risk
The British Waterways BoardAll proposed applications likely to have an impact on inland waterways or land adjacent to inland waterwaysAll applications likely to have an impact on inland waterways or land adjacent to inland waterways
Trinity House M5All proposed applications likely to affect navigation in tidal watersAll applications likely to affect navigation in tidal waters
[F23Public Health England, an executive agency of the Department of Health [F24and Social Care]]All proposed applications likely to involve chemicals, poisons or radiation which could potentially cause harm to people [F25and likely to affect significantly public health]All applications likely to involve chemicals, poisons or radiation which could potentially cause harm to people [F25and likely to affect significantly public health]
[F26The relevant local resilience forumAll casesAll cases]
Relevant statutory undertakersAll proposed applications likely to affect their functions as statutory undertakersAll applications likely to affect their functions as statutory undertakers
The Crown Estate CommissionersAll proposed applications likely to impact on the Crown EstateAll applications likely to impact on the Crown Estate
The Forestry CommissionAll proposed applications likely to affect the protection or expansion of forests and woodlands [F27in England F28...]All applications likely to affect the protection or expansion of forests and woodlands [F27in England F28...]
[F29The Natural Resources Body for Wales All proposed applications likely to affect the protection or expansion of forests and woodlands in WalesAll applications likely to affect the protection or expansion of forests and woodlands in Wales]
[F30The relevant local health board All proposed applications likely to affect land in WalesAll applications likely to affect land in Wales]
[F30The National Health Service Trusts All proposed applications likely to affect land in WalesAll applications likely to affect land in Wales]
[F31The Secretary of State for Defence All proposed applications likely to affect current or future operation of a site identified in a safeguarding map and all developments in the marine areaAll applications likely to affect current or future operation of a site identified in a safeguarding map and all developments in the marine area]

Textual Amendments

Marginal Citations

M4For the definition of “approved operators” see section 25 of the Planning Act 2008.

M5The Corporation of Trinity House of Deptford Strond.

[F32Note] [F32Notes] to Table

[F33(a)] “relevant”, in relation to a body, shall mean the body which has responsibility for the location where the development to which an application is sited [F34or has responsibility for an area which neighbours that location].

[F35(b)  “safeguarding map” has the meaning given in a direction made by the Secretary of State in exercise of the powers conferred by articles 16(4), 25(1), 29(6) and 39 of the Town and Country Planning (Development Management Procedure)(England) Order 2010.]

Textual Amendments

Regulation 18

SCHEDULE 2E+W+SFees

InterpretationE+W+S

1.—(1) In this Schedule “application” has the same meaning as in regulation 9 .

(2) Any reference in this Schedule to a paragraph is a reference to a paragraph of this Schedule.

(3) In this Schedule any reference to the receipt by the [F36Secretary of State] of a payment by way of a fee is a reference to the [F36Secretary of State] having received cleared funds in respect of the full amount of the fee.

(4) In these Regulations any reference to a failure to pay a fee is a reference to the [F36Secretary of State] not having received cleared funds in respect of the full amount of the fee or having received payment of the full amount by cheque which has subsequently been dishonoured.

Textual Amendments

Fee to accompany an applicationE+W+S

2.—(1) At the same time that an application for an order under paragraph 3(1) of Schedule 6 to the Act is made to the [F36Secretary of State] the fee specified in sub-paragraph (3) must be paid to the [F36Secretary of State].

(2) If the applicant fails to pay the fee, the [F36Secretary of State] need not consider the application until payment is received by the [F36Secretary of State].

(3) The fee payable on making an application is [F37£6,750].

Textual Amendments

Pre-examination feeE+W+S

3.—(1) [F38The [F36Secretary of State]] [F38In cases where the Secretary of State decides that it is necessary to appoint an Examining body, the Secretary of State] must charge the applicant a pre-examination fee.

(2) Following a decision under regulation 22, the [F36Secretary of State] must notify the applicant as soon as reasonably practicable, of the pre-examination fee.

[F39(3) The pre-examination fee is—

(a)where a single appointed person will handle the application, £12,750;

(b)where two appointed persons will handle the application, £25,500;

(c)where three appointed persons will handle the application, £38,250;

(d)where more than three appointed persons will handle the application, £57,750.]

(4) The pre-examination fee must be received by the [F36Secretary of State] within the period of 28 days beginning with the date of the notice referred to in sub-paragraph (2).

(5) If the applicant fails to pay the pre-examination fee within the period specified in sub-paragraph (4), the [F36Secretary of State] need take no further steps in relation to the application until payment has been received by the [F36Secretary of State].

Textual Amendments

F38Words in Sch. 2 para. 3(1) substituted (14.7.2015 for E.W., with application in Scotland for specified purposes, see 2008 c. 29, s. 240(4)) by The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (S.I. 2015/760), regs. 1(1), 7(1) (with reg. 8)

Fee in respect of the handling of an applicationE+W+S

4.—(1) [F40The [F36Secretary of State]] [F40Where applicable, the Secretary of State] must charge the applicant a fee in respect of its examination of the application.

(2) The fee payable is the sum of —

(a)an initial payment calculated in accordance with paragraph 5; and

(b)a final payment calculated in accordance with paragraph 6.

Textual Amendments

F40Words in Sch. 2 para. 4(1) substituted (14.7.2015 for E.W., with application in Scotland for specified purposes, see 2008 c. 29, s. 240(4)) by The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (S.I. 2015/760), regs. 1(1), 7(2) (with reg. 8)

Initial payment in respect of the handling of an applicationE+W+S

5.—(1) Following the preliminary meeting under regulation 28, the [F36Secretary of State] must, as soon as reasonably practicable, give the applicant notice in writing of—

(a)the number of estimated relevant days;

(b)whether the application is to be examined by a single [F36appointed person], or 2 or more [F36appointed person]s, and in the latter case, the number of [F36appointed person]s who are to be appointed; and

(c)the initial payment.

(2) In this paragraph—

“estimated relevant day” means a day estimated by the [F36Secretary of State] as required for its examination of the application;

[F41“initial payment” in relation to a notice under sub-paragraph (1) means—

(a)

where the examination is to be handled by a single appointed person, £923 for each estimated relevant day;

(b)

where the examination is to be handled by two appointed persons, £1,467 for each estimated relevant day;

(c)

where the examination is to be handled by three appointed persons, £2,010 for each estimated relevant day;

(d)

where the examination is to be handled by more than three appointed persons, £3,060 for each estimated relevant day.]

(3) The initial payment must be received by the [F36Secretary of State] within the period of 28 days beginning with the date of the notice referred to in sub-paragraph (1).

(4) If the applicant fails to pay the initial payment within the period specified in sub-paragraph (3), the [F36Secretary of State] need take no further steps in relation to the application until payment has been received by the [F36Secretary of State].

Textual Amendments

Final payment in respect of the handling of an applicationE+W+S

6.—(1) Following notification of the completion of the examination, the [F36Secretary of State] must, as soon as reasonably practicable, give the applicant notice of the final payment.

[F42(2) The final payment is—

(a)where a single appointed person has examined the application, £1,845 for each relevant day;

(b)where two appointed persons have examined the application, £2,933 for each relevant day;

(c)where three appointed persons have examined the application, £4,020 for each relevant day;

(d)where more than three appointed persons have examined the application, £6,120 for each relevant day

less the initial payment referred to in paragraph 5.]

(3) In this paragraph “relevant day” means a day on which the [F36Secretary of State] examined the application.

(4) The final payment must be received by the [F36Secretary of State] within the period of 28 days beginning with the date of the notice referred to in sub-paragraph (1).

(5) If the applicant fails to pay the fee within the period specified in sub-paragraph (4), the [F36Secretary of State] need take no further steps in relation to the application until payment has been received by the [F36Secretary of State].

Textual Amendments

Fee in respect of venue costsE+W+S

7.—(1) Where the applicant does not provide a venue for a hearing the [F36Secretary of State] may charge a fee in respect of the venue costs.

(2) In sub-paragraph (1) “venue costs” means—

(a)where the [F36Secretary of State] causes a hearing to be held, the costs reasonably incurred by the [F36Secretary of State] in respect of that hearing; or

(b)where the [F36Secretary of State] makes arrangements for a hearing to be held but it does not take place, the costs reasonably incurred by the [F36Secretary of State] in respect of those arrangements.

(3) The [F36Secretary of State] must notify the applicant of the amount of the fee.

(4) The fee must be received by the [F36Secretary of State] within the period of 28 days beginning with the date of the notice referred to in sub-paragraph (3).

(5) If the applicant fails to pay the fee within the period specified in sub-paragraph (4), the [F36Secretary of State] need take no further steps in relation to the application until payment has been received by the [F36Secretary of State].

(6) In this paragraph “hearing” means a hearing held in accordance with these Regulations.

Textual Amendments

[F43Fees payable on or after 1st April 2018E+W+S

8.—(1) Each relevant fee is increased by the appropriate percentage on 1st April 2018, and on 1st April in any subsequent year, if the appropriate percentage is greater than zero.

(2) The appropriate percentage is the CPI 12-month percentage rate published for the preceding September.

(3) The amount of any increase is in pounds sterling, rounded up or down to the nearest pound.

(4) In any year, the increase in a relevant fee described in paragraph (1) applies only where the obligation to pay that fee arises on or after 1st April in that year.

(5) In this regulation—

“the CPI 12-month percentage rate” means the measure of the change in prices between one month and the same month in the subsequent year, published by the Statistics Board, a body corporate established by section 1 of the Statistics and Registration Service Act 2007; and

“relevant fee” means any fee prescribed in any of paragraphs 2, 3, 5 or 6 of this Schedule.]

Textual Amendments

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Memorandwm Esboniadol

Mae Memoranda Esboniadol yn nodi datganiad byr o ddiben Offeryn Statudol ac yn rhoi gwybodaeth am ei amcan polisi a goblygiadau polisi. Maent yn ceisio gwneud yr Offeryn Statudol yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol, ac maent yn cyd-fynd ag unrhyw Offeryn Statudol neu Offeryn Statudol Drafft a gyflwynwyd ger bron y Senedd o Fehefin 2004 ymlaen.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Asesiadau Effaith

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill