The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015

Amendments relating to applications to change, or revoke, an order granting development consent under paragraphs 3(1), 3(4), and 3(5) of Schedule 6 to the Planning Act 2008

5.—(1) In regulation 10—

(a) for paragraph (1)(a), substitute—

“(a) each person who may be directly affected by the changes proposed in the application;”; and

(b) for paragraph (2) substitute—

“(2) The applicant need not consult a person or authority listed above if they have obtained the written consent of the Secretary of State.”

(2) Omit regulation 13.

(3) In regulation 14—

(a) omit paragraph (1)(b);

(b) for paragraph (4), substitute—

“(4) Where the change in the proposed application consists of, or includes, works with a route or alignment exceeding 5 kilometres in length the notice, which must include the matters specified in paragraph (2) of this regulation, must be—

(a) displayed at intervals of not more than 5 kilometres along the whole proposed route or alignment of the works described in the application, except where this is impracticable due to the land in question being covered in water; and

(b) be published for at least 2 successive weeks in one or more local newspapers circulating in the vicinity of the land along the route or alignment of the works described in the application.”; and

(c) for paragraph (5) substitute—

“(5) The applicant need not publish, or arrange for, a notice of a proposed application in the manner specified in paragraph (4), if they have obtained the written consent of the Secretary of State.”

(4) In regulation 15—

(a) at the end of paragraph (3)(a), after the semi-colon, insert “or”; and

(b) omit paragraph (3)(b).

(5) In regulation 16—

(a) in paragraph (2)(n), omit “(not smaller than 1:2500)”;

(b) after paragraph (2), insert—

“(2A) Subject to paragraph (2B), unless the Secretary of State specifies otherwise any plans, drawings or sections required to be provided under paragraph (2) shall be provided at a scale not smaller than 1:2500.

(2B) Paragraph (2A) does not apply to a plan or to a sheet of a plan where the matters shown or identified on the plan or sheet are entirely in the UK marine area.”; and

(c) in paragraph (4)—

(i) at the end of the definition of “consultation report”, after the semi-colon, omit “and”;

(ii) at the end of the definition of “relevant response”, omit the full-stop and insert “; and”; and

(iii) after the definition of “relevant response” insert—

““UK marine area” has the same meaning as in section 42 of the Marine and Coastal Access Act 2009.”

(6) In regulation 19, for paragraph (3) substitute—

“(3) The applicant need not give notice of an application to a person or authority listed above if they have obtained the written consent of the Secretary of State.”

(7) After regulation 21, insert—

“Cases where the Secretary of State is of the view that examination is not necessary

21A.— (1) Where the Secretary of State is of the view, in light of relevant representations received in pursuance of regulations 19 and 20, that it is not necessary for an Examining body to examine the application the Secretary of State must—

(a) give notice of that fact to—

(i) the applicant; and

(ii) each person who has made a relevant representation under regulation 19 or 20; and

(b) publicise on a website maintained for the purpose any relevant representation made under regulations 19 and 20.

(2) A notice given under paragraph (1)(a) must include—

(a) a statement to the effect that the Secretary of State is of the view that it is not necessary for an Examining body to examine the application;

(b) a statement setting out the Secretary of State’s reasons as to why the Secretary of State considers that this is not necessary;

(c) a statement that any representations made under regulations 19 and 20 have been publicised on a website;

(d) details of how to make further representations about the application; and

(e) a deadline for receipt by the Secretary of State of those representations being not less than 28 days following the date of the notice.

Deciding an application without examination

21B.— (1) The Secretary of State may decide an application without examination by an Examining body if the Secretary of State is satisfied that this is not necessary in light of relevant representations received—

(a) under regulations 19 and 20; and

(b) in response to the notice served in accordance with regulation 21A(1)(a).

(2) Where the Secretary of State decides that it is not necessary for an Examining body to examine the application, the Secretary of State must—

(a) issue a notice of the decision not to examine the application to—

(i) the applicant;

(ii) all those who in accordance with regulation 19 have been notified about the application; and

(iii) any other person who has made a relevant representation about the application;

(b) publish the reasons for the decision on a website maintained for the purpose; and

(c) publicise on a website maintained for the purpose any representations made in respect of the application.

(3) In cases where an application is not examined by an Examining body in accordance with regulation 21B(1), regulations 22 to 45, 46, 47(10)(b), and 52(2)(h) do not apply.”

(8) In regulation 22, before paragraph (2) insert—

“(1A) This regulation applies where the Secretary of State decides that it is necessary for an Examining body to examine the application.”

(9) In regulation 36 for paragraph (6)(d), substitute—

“(d) where the proposed application relates to development which consists of, or includes, works with a route or alignment exceeding 5 kilometres in length the notice of the hearing must be—

(i) displayed at intervals of not more than 5 kilometres along the whole proposed route or alignment of the works described in the application, except where this is impracticable due to the land in question being covered by water; and

(ii) be published for at least two successive weeks in one or more local newspapers circulating in the vicinity of the land along the route or alignment of the works described in the application.”

(10) In regulation 42, in paragraph (2) for “6 months” substitute “4 months”.

(11) In regulation 43, in paragraph (2) for “3 months” substitute “2 months”.

(12) In regulation 49—

(a) before paragraph (2) insert—

“(1A) Where the Secretary of State has served a notice under regulation 21B(2)(a) in respect of an application, the Secretary of State must decide the application by the end of the period of 2 months beginning with the date of that notice.”; and

(b) in paragraph (2)—

(i) for “The Secretary of State” substitute “In other cases, the Secretary of State”; and

(ii) for “3 months” substitute “2 months”.