The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010
Citation commencement and interpretation1.
(1)
These Regulations may be cited as the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 and shall come into force on 1st March 2010.
(2)
In these Regulations “the Act” means the Planning Act 2008.
Prescription of consent requirements which may be removed by orders2.
(1)
The consents and authorisations listed in Part 1 of the Schedule are prescribed for the purposes of section 150(1) (removal of consent requirements) of the Act in respect of England and Wales.
(2)
The consents and authorisations listed in Part 2 of the Schedule are prescribed for the purposes of section 150(1) of the Act in respect of Wales only.
Duration of order granting development consent3.
(1)
Development for which development consent is granted must be begun before the end of a period of five years beginning on the date on which the order granting development consent is made.
(2)
Exclusion from definition of “material operation”4.
The measuring or marking out of a proposed road shall not be included within the meaning of “material operation” for the purposes of section 155 (when development begins) of the Act.
Application of the Public Health Act 1936 to notices of unauthorised development, etc, England and Wales5.
(1)
(a)
references to a local authority were references to the local planning authority who issued the notice of unauthorised development;
(b)
references (in whatever form) to the execution of works under the Public Health Act 1936 were references to the taking of steps required to be taken under the notice of unauthorised development;
(c)
references in section 289 to the occupier were references to a person having an interest in the premises other than the owner; and
(d)
reference in section 294 to “expenses under this Act” were a reference to expenses incurred in the taking of such steps as aforesaid.
(2)
The expenses recoverable by a local planning authority under section 170(1) of the Act are, until recovered, a charge that is binding on successive owners of the land to which the notice of unauthorised development related and the charge shall take effect as from the date of the completion by the local planning authority of the steps required to be taken by the notice of unauthorised development.
Execution and cost of certain works in Scotland6.
(a)
references to an enforcement notice and to steps or work required by an enforcement notice were references to the notice of unauthorised development and to the taking of steps required to be taken under the notice of unauthorised development; and
(b)
references to expenses under section 135(7) to (9) were references to expenses recoverable under section 170(1) of the Planning Act 2008.
Signed by authority of the Secretary of State for Communities and Local Government
SCHEDULE
PART 1
England and Wales
1.
2.
3.
4.
An authorisation under section 14 of the Petroleum Act 1998 (construction and use of pipelines).
5.
6.
A licence under section 18 of the Energy Act 2008 (licences).
7.
8.
9.
10.
11.
12.
13.
14.
An approval of a Funded Decommissioning Programme under section 46 of the Energy Act 2008 (approval of a programme).
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
PART 2
Wales
1.
2.
3.
4.
5.
6.
7.
8.
9.
A confirmation or variation of an order under section 26 of the Salmon and Freshwater Fisheries Act 1975 (limitation of fishing licences).
10.
11.
12.
13.
14.
15.
16.
A consent under section 118 of the Water Industry Act 1991 (consent required for discharge of trade effluent into public sewer).
17.
18.
An approval under sections 6, 8 or 15 of the Clean Air Act 1993 (arrestment plant for new non-domestic furnaces; requirement to fit arrestment plant for burning solid fuel in other cases; applications for approval of height of chimneys of furnaces).
19.
An exemption from operation of section 6 of the Clean Air Act 1993 by determination of the local authority under section 7 of that Act or by regulations made pursuant to that section (exemptions from section 6).
20.
An exemption under to regulations made under section 14 of the Clean Air Act 1993 (height of chimneys for furnaces).
21.
An approval of plans under section 16(2) of the Clean Air Act 1993 (height of other chimneys).
22.
An exemption of fireplaces from the provisions of section 20 of the Clean Air Act 1993 (prohibition of emissions of smoke in smoke control areas) by order made pursuant to section 21 of that Act (power by order to exempt certain fireplaces).
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
The Planning Act 2008 (c.29) establishes the Infrastructure Planning Commission and provides for the granting of development consent for certain types of nationally significant infrastructure projects.
These Regulations deal with miscellaneous matters which may be prescribed under the Act in connection with that regime. Regulation 2 prescribes for the purposes of section 150 of the Act a list of consents or authorisations that the Commission must first seek consent from the consenting body before including a provision in a development consent order, the effect of which is to remove a requirement for any of the prescribed consents or authorisations to be granted. Regulation 3 deals with matters relating to the duration of a development consent order. Regulation 4 removes the activity of measuring or marking out a proposed road from the definition of “material operation” for the purposes of section 155 of the Act. (Section 155 states that a development is taken to begin on the earliest date on which a material operation begins to be carried out). Regulation 5 applies provisions of the Public Health Act 1936 in relation to steps that might need to be taken in a case where there is a notice of unauthorised development. Regulation 6 applies equivalent provisions for Scotland.
An impact assessment has not been prepared for these regulations as they do not have additional impact on business, charities or the public sector beyond what was examined in the Impact Assessment that accompanied the Planning Bill when it was introduced in Parliament on the 27th November 2007. That assessment can be found on the Communities and Local Government website (http://communities.gov.uk).