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

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Statutory Instruments

2011 No. 2055

Infrastructure Planning

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

Made

18th August 2011

Laid before Parliament

24th August 2011

Coming into force

1st October 2011

The Secretary of State, in exercise of the powers conferred by sections 4 and 127(7) of, and paragraphs 2, 4, and 6 of Schedule 6 to, the Planning Act 2008 M1, makes the following Regulations:

Marginal Citations

M12008 c.29. Section 102 was amended by section 23(1), (6)(a) and (6)(b) of the Marine and Coastal Access Act 2009 (c.23). There are other amendments which are not relevant to these Regulations. See section 235 for the meaning of “prescribed”.

Citation and commencementE+W+S

1.  These Regulations may be cited as the Infrastructure Planning (Changes to, and Revocation of Development Consent Orders) Regulations 2011 and shall come into force on 1st October 2011.

InterpretationE+W+S

2.—(1) In these Regulations—

“affected person” means a person whose name has been given to the [F1Secretary of State] in a notice under regulation 21;

“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) M2;

[F2“appointed person” means a person appointed by the Secretary of State under regulation 22;]

“application” means an application for—

(a)

a change to a development consent order under paragraph 2(1) of Schedule 6 to the Act (non-material changes); or

(b)

an order to change or revoke a development consent order under paragraph 3(1) of Schedule 6 to the 2008 Act,

and “applicant” shall be construed accordingly;

F3...

[F4“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;]

“EIA development” has the same meaning as given by regulation 2(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 M3;

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but in electronic form;

[F5“Examining body” means—

(a)

the appointed person or persons; or

(b)

the Secretary of State in respect of those matters which are the subject of a direction by the Secretary of State under section 95A(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) M4;

“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) M5;

“internal drainage board” has the same meaning as in section 1 of the Land Drainage Act 1991 (internal drainage districts and boards) M6;

“interested party” means—

(a)

the applicant;

(b)

each statutory party [F6and each local authority within section 88A which, having been informed under regulation 28(9) that that person may become an interested party, have notified the Examining body in writing that they wish to become an interested party];

(c)

[F7each local authority, being a local authority within the meaning of section 43, in whose area the land is located;]

(d)

the Greater London Authority if the land is in Greater London;

(e)

the Marine Management Organisation if the land is in one or more of the areas specified in subsection (1A) of section 102; F8...

(f)

each person who has made a relevant representation; [F9and

(g)

any person who—

(i)

would, in the case of an application for development consent, be eligible to become an interested party under section 102A,

(ii)

has made a request to the Examining body to become an interested party which complies with the requirements of section 102A(1), and

(iii)

has been accepted as eligible to become an interested party by the Examining body and notified accordingly;]

[F10but a person ceases to be an “interested party” for the purposes of these Regulations upon notifying the Examining body in writing that that person no longer wishes to be an interested party;]

“the land” means the land to which a proposed application or an application relates, or any part of that land;

[F11“local health board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (local health boards);]

[F12“local resilience forum” has the same meaning as in regulation 4 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 M7;]

[F13“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 (exploration and exploitation of continental shelf), except any part of that area which is within part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions;]

“Marine Management Organisation” has the same means as in section 1 of the Marine and Coastal Access Act 2009 M8;

[F14“National Health Service Commissioning Board” has the same meaning as in section 1H of the National Health Service Act 2006 (the National Health Service Commissioning Board and its general functions);]

[F14“National Health Service Trusts” means the National Health Service Trusts established under section 18 of the National Health Service (Wales) Act 2006 (NHS Trusts);]

[F15“police and crime commissioner” means a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011 (police and crime commissioners);]

“proposed application” means an application which a person proposes to make for an order under paragraph 3(1) of Schedule 6 to the Act;

F16...

“relevant local authority “ means each local authority within the meaning given by [F17section 43 (local authorities for the purposes of section 42(1)(b))] subject to the modification that “the land” means the land to which a proposed application or application relates;

“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);

“relevant representation” means a representation which—

(a)

is about an application;

(b)

is made to the [F1Secretary of State];

(c)

is received by the [F1Secretary of State] not later than the relevant deadline specified under these Regulations; and

(d)

does not contain material—

(i)

about compensation for compulsory acquisition of land or of an interest in or right over land;

(ii)

about the merits of policy set out in a national policy statement; or

(iii)

that is vexatious or frivolous;

“Renewable Energy Zone” means zones designated under section 84 of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production) M9;

“representation” includes evidence, and reference to the making of a representation includes the giving of evidence;

“statement of common ground” means a written statement prepared jointly by the applicant and any interested party, which contains agreed factual information about the application;

F18...

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

“the Act” means the Planning Act 2008; and

“written representation” means the full particulars of the case which a person puts forward in respect of an application and includes any supporting evidence or documents.

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

Textual Amendments

Marginal Citations

PART 1E+W+SApplication for a change, which is not material, to a development consent order

GeneralE+W+S

3.  The regulations in this Part apply in relation to an application for a change, which is not material, to a development consent order under paragraph 2(1) of Schedule 6 to the Act.

ApplicationE+W+S

4.—(1) The application must be made to the [F1Secretary of State].

(2) The application must be in writing and must contain the following—

(a)the name and address of the applicant;

(b)the name and address of an agent, if appointed;

(c)the [F1Secretary of State]'s reference for the development consent order to which the application relates;

(d)details of the change being applied for;

(e)any documents and plans considered necessary to support the application;

(f)a statement that the applicant is either—

(i)the person who applied for the development consent order to which the application relates or a successor in title;

(ii)a person with an interest in the land to which the development consent order relates; or

(iii)any other person for whose benefit the development consent order has effect M10;

(g)details of the applicant's interest in the land; and

(h)if requested by the [F1Secretary of State], 3 paper copies of the application and other supporting documents and plans.

(3) Unless the [F1Secretary of State] specifies otherwise, any plans, drawings or sections provided shall be no larger than A0 size, shall be drawn to an identified scale (not smaller than 1:2500) and, in the case of plans, shall show the direction of North.

(4) Where a plan comprises 3 or more separate sheets a key plan must be provided showing the relationship between the different sheets.

Textual Amendments

Marginal Citations

M10See section 156.

Fee for applicationE+W+S

5.—(1) The [F1Secretary of State] must charge the applicant the fee in respect of an application.

(2) At the same time that an application is made to the [F1Secretary of State] F19... the part of the fee specified in paragraph (5)(a) below must be paid to the [F1Secretary of State].

(3) The applicant must pay the part of the fee specified in paragraph (5)(b) below on the date specified by the [F1Secretary of State].

(4) If the applicant fails to pay either part of fee on the due date, the [F1Secretary of State] need not consider the application until payment is received by the [F1Secretary of State].

(5) In this regulation, “the fee” means the sum of the following—

(a)£6,891; and

(b)the costs incurred by the [F1Secretary of State] in publicising the application in accordance with regulation 6.

Textual Amendments

Publicising the applicationE+W+S

6.—(1) The [F1Secretary of State] must publish a notice of the application, which must include the matters prescribed by paragraph (2)—

(a)for at least two successive weeks in one or more local newspapers circulating in the vicinity in which the land is situated; and

(b)in any other publication the [F1Secretary of State] considers necessary in order to ensure that notice of the application is given in the vicinity of the land.

(2) The matters which the notice must include are—

(a)the name and address of the applicant;

(b)a statement that the applicant has made an application to the [F1Secretary of State] for a change, which is not material, to be made to a development consent order;

(c)a summary of the main elements of the application;

(d)a statement that any documents, plans and maps showing the nature and location of the land, which were submitted with the application, are available for inspection on the [F1Secretary of State] website or can be obtained from the [F1Secretary of State] at the times set out in the notice;

(e)a statement as to whether a charge will be made for copies of any of the documents and, if so, the amount of any charge;

(f)the latest date on which those documents, plans and maps will be available for inspection (being a date not earlier than the deadline in sub-paragraph (h);

(g)details of how to respond to the publicity; and

(h)a deadline for receipt of those responses by the [F1Secretary of State], being not less than 28 days following the date when the notice is last published.

Textual Amendments

Duty to consultE+W+S

7.—(1) The [F1Secretary of State] must consult the persons specified in paragraph (2) about the application by sending them a copy of the notice referred to in regulation 6.

(2) Subject to paragraph (3), the persons to be consulted are—

(a)each person for whose benefit the development consent order, to which the application relates, has effect;

(b)each person that was, in accordance with section 56, notified of the application for the development consent order which is the subject of the application; and

(c)any other person the [F1Secretary of State] considers should be consulted.

(3) The applicant need not consult a person or authority specified above, if the [F1Secretary of State] is satisfied that this is not necessary.

(4) If the [F1Secretary of State] exercises its discretion under paragraph (3) it must publish its reasons for doing so on its website.

(5) The [F1Secretary of State] must make available in accordance with regulation 46 all responses to the publicity and consultation.

Textual Amendments

Notification of decisionE+W+S

8.  If a change is made to a development consent order, the [F1Secretary of State] must notify its decision on an application to—

(a)the applicant;

(b)each person that was consulted about the application; and

(c)each person that made a relevant representation in response to the publicity or consultation.

Textual Amendments

PART 2E+W+SChanges to, and revocation of, orders granting development consent under paragraphs 3(1), 3(4), and 3(5) of Schedule 6 to the Act

GeneralE+W+S

9.—(1) The regulations in this Part apply in relation to—

(a)a proposed application;

(b)an application;

(c)the decision-making process in relation to such an application;

(d)the making of a decision on such an application;

(e)the effect of any such decision; and

(f)the compensation payable in consequence of an order under paragraph 3(1) of Schedule 6 to the Act.

(2) In this Part “application” means an application for an order under paragraph 3(1) of Schedule 6 to the ActF20....

Textual Amendments

Duty to consultE+W+S

10.—(1) Subject to paragraph (2), the applicant must consult the following about a proposed application—

(a)each person that was consulted about the application for the development consent order which is the subject of the proposed application;

(b)each person who has the benefit of the development consent order to which the application relates, unless that person is also the applicant;

(c)any other person or authority who does not fall within paragraph (a) and is—

(i)listed in column 1 of the table in Schedule 1 to these Regulations, who must be consulted in the circumstances specified in relation to each such person in column 2 of that table;

(ii)an authority which, in relation to the proposed application, is a relevant local authority;

(iii)a person who is within one or more of the categories set out in section 44;

(d)the Greater London Authority if the land to which the proposed application relates, or any part of it, is in Greater London;

(e)the Marine Management Organisation if the land is in one or more of the areas specified in subsection (1A) of section 102; and

(f)any other person the [F1Secretary of State] considers should be consulted.

(2) The applicant need not consult a person or authority listed above, if the [F1Secretary of State] is satisfied that this is not necessary.

(3) If the [F1Secretary of State] exercises its discretion under paragraph (2) it must publish its reasons for doing so on its website.

Textual Amendments

Timetable for consultation under regulation 10E+W+S

11.—(1) The applicant must, when consulting a person under regulation 10, notify the person of the deadline for the receipt by the applicant of the person's response to the consultation.

(2) A deadline notified under paragraph (1) must not be earlier than the end of the period of 28 days that begins with the day after the day on which the person receives the consultation documents.

(3) In paragraph (2) “the consultation documents” means the documents supplied to the person by the applicant for the purpose of consulting the person.

Duty to notify [F1Secretary of State] of proposed applicationE+W+S

12.—(1) The applicant must supply the [F1Secretary of State] with such information in relation to the proposed application as the applicant would supply to the [F1Secretary of State] for the purpose of complying with regulation 10 if the applicant were required by that regulation to consult the [F1Secretary of State] about the proposed application.

(2) The applicant must comply with paragraph (1) on or before commencing consultation under regulation 10.

Textual Amendments

Duty to consult local communityE+W+S

13.—(1) The applicant must prepare a statement setting out how the applicant proposes to consult people living in the vicinity of the land, about the proposed application.

(2) Before preparing the statement, the applicant must consult each local authority about what is to be in the statement.

(3) The deadline for the receipt by the applicant of a local authority's response to consultation under paragraph (2) is the end of the period of 28 days that begins with the day after the day on which the local authority receives the consultation documents.

(4) In paragraph (3) “the consultation documents” means the documents supplied to the local authority by the applicant for the purpose of consulting the local authority under paragraph (2).

(5) In preparing the statement, the applicant must have regard to any response to consultation under paragraph (2) that is received by the applicant before the deadline imposed by paragraph (3).

[F21(6) Once the applicant has prepared the statement, the applicant must—

(a)make it available for inspection by the public in a way that is reasonably convenient for people living in the vicinity of the land; and

(b)publish, in a newspaper circulating in the vicinity of the land, a notice stating where and when the statement can be inspected.]

(7) The applicant must carry out consultation in accordance with the proposals set out in the statement.

(8) The applicant shall make available, at the request of the [F1Secretary of State], all responses to the publicity and consultation carried out in accordance with this regulation.

(9) In this regulation “local authority” means the local authority for the area in which the land is situated.

Textual Amendments

Publicising a proposed applicationE+W+S

14.—(1) The applicant must publish a notice, which must include the matters prescribed by paragraph (2) of this regulation, of the proposed application—

(a)for at least two successive weeks in one or more local newspapers circulating in the vicinity in which the land is situated;

(b)once in a national newspaper;

(c)once in the London Gazette and, if land in Scotland is affected, the Edinburgh Gazette; and

(d)where the proposed application relates to offshore development—

(i)once in Lloyd's List; and

(ii)once in an appropriate fishing trade journal.

(2) The matters which the notice must include are—

(a)the name and address of the applicant;

(b)a statement that the applicant intends to make an application to the [F1Secretary of State];

(c)a summary of the main elements of the proposed application;

(d)a statement as to whether the proposed application involves EIA development;

(e)a statement that the documents, plans and maps showing the nature and location of the land are available for inspection free of charge at the places (including at least 1 address in the vicinity of the proposed development) and the times set out in the notice;

(f)the latest date on which those documents, plans and maps will be available for inspection (being a date not earlier than the deadline in sub-paragraph (i));

(g)whether a charge will be made for copies of any of the documents, plans or maps and the amount of any charge;

(h)details of how to respond to the publicity; and

(i)a deadline for receipt of those responses by the applicant, being not less than 28 days following the date when the notice is last published.

(3) The applicant must arrange for a notice of the proposed application, which must include the matters specified in paragraph (2) of this regulation, to be displayed at, or as close as reasonably practicable to, the land at a place accessible to the public.

(4) Where the proposed application relates to development which consists of, or includes, a linear scheme 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 of the works, 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 to which the development consent order relates.

(5) The applicant need not publish, or arrange for, a notice of a proposed application in the manner specified in paragraph (4) above, if the [F1Secretary of State] is satisfied that this is not necessary.

(6) If the [F1Secretary of State] exercises its discretion under paragraph (5) it must publish its reasons for doing so on its website.

Textual Amendments

Duty to take account of responses to consultation and publicityE+W+S

15.—(1) Paragraph (2) applies where the applicant—

(a)has complied with regulations 10 to 14; and

(b)proposes to go ahead with making an application.

(2) The applicant must, when deciding whether the application that the applicant is actually to make should be in the same terms as the proposed application, have regard to any relevant responses.

(3) In paragraph (2) “relevant response” means—

(a)a response from a person consulted under regulation 10 that is received by the applicant before the deadline imposed by regulation 11 in that person's case;

(b)a response to consultation under regulation 13 that is received by the applicant before any applicable deadline imposed in accordance with the statement prepared under regulation 13, or

(c)a response to publicity under regulation 14 that is received by the applicant before the deadline imposed in accordance with regulation 14 in relation to that publicity.

Applications – generalE+W+S

16.—(1) The application must be made to the [F1Secretary of State].

(2) The application must be made in writing and must contain the following—

(a)the name and address of the applicant;

(b)the name and address of an agent, if appointed;

(c)the [F1Secretary of State]'s reference for the development consent order to which the application relates;

(d)details of the land and the change being applied for;

(e)an explanatory memorandum explaining the purpose and effect of the application;

(f)a statement that the applicant is either—

(i)the person who applied for the development consent order to which the application relates or their successor in title;

(ii)a person with an interest in the land to which the development consent order relates; or

(iii)any other person for whose benefit the development consent order has effect;

(g)details of the applicant's interest in the land;

(h)where the applicant is a local planning authority, evidence of the matters specified in paragraph 3(5)(a), (b) and (c) of Schedule 6 to the Act;

(i)a statement which—

(i)identifies the extent to which the information submitted with the initial application for an order granting development consent in accordance with regulations 5 and 6 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 M11 is correct and relevant to the application; and

(ii)where necessary updates the parts of this information that relate to the application;

(j)any documents and plans considered necessary to support the application;

(k)a statement as to whether the application involves EIA development;

(l)a consultation report;

(m)a statement that the applicant has, in relation to a proposed application that has become an application, complied with regulations 10 to 15;

(n)unless the [F1Secretary of State] specifies otherwise, any plans, drawings or sections provided shall be no larger than A0 size, shall be drawn to an identified scale (not smaller than 1:2500) and, in the case of plans, shall show the direction of North;

(o)where a plan comprises 3 or more separate sheets a key plan must be provided showing the relationship between the different sheets; and

(p)if requested by the [F1Secretary of State], 3 paper copies of the application and other supporting plans and documents.

(3) The applicant shall make available, at the request of the [F1Secretary of State], all responses to the consultation carried out in accordance with regulations 10 to 14.

(4) In this regulation—

“consultation report” means a report giving details of—

(a)

what has been done in compliance with regulations 10 to 14 in relation to a proposed application that has become the application,

(b)

any relevant responses, and

(c)

the account taken of any relevant responses; and

“relevant response” has the meaning given by regulation 15.

Textual Amendments

Marginal Citations

EIA developmentE+W+S

17.—(1) An application shall be treated as a subsequent application for the purposes of the following provisions in the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 M12—

(a)regulation 3 (prohibition on granting consent without consideration of environmental information);

(b)regulation 6 (procedure for establishing whether environmental impact assessment is required);

(c)regulation 8 (application for a scoping opinion);

(d)regulation 18 (subsequent application for EIA development); and

(e)regulation 19 (subsequent application not complying with EIA requirements).

(2) References in the regulations referred to in paragraph (1) to the following terms shall be construed as follows—

(a)references to F22...“the relevant authority” as references to the “[F1Secretary of State]”;

(b)references to “an application for an order granting development consent” as references to “an application” as defined in regulation 2 of these Regulations; and

(c)reference to the “consultation under section 42” as reference to consultation under regulation 10 of these Regulations.

Textual Amendments

Marginal Citations

Fees for applicationsE+W+S

18.—(1) Subject to paragraph (2), the [F1Secretary of State] must charge the fees set out in Schedule 2 to these Regulations in respect of an application.

(2) No fee is chargeable in respect of an application for an order to be made under paragraph 3(5) of Schedule 6 to the Act.

Textual Amendments

Notice of an applicationE+W+S

19.—(1) Subject to paragraph (3), notice of an application must be given by the applicant to—

(a)each person for whose benefit the development consent has effect;

(b)each authority which, in relation to the application, is a relevant local authority;

(c)the Greater London Authority if the land is in Greater London;

(d)the Marine Management Organisation if the land is in one or more of the areas specified in subsection (1A) of section 102;

(e)each person who is within one or more of the categories set out in section 57 as regards the land;

F23(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the persons listed in column 1 of the table in Schedule 1 to these Regulations, in the circumstances specified in relation to each such person in column 3 of that table; and

(h)each other person the [F1Secretary of State] requires the applicant to consult.

(2) The notice must include—

(a)the name and address of the applicant;

(b)a statement to the effect that an application has been made to the [F1Secretary of State];

(c)any reference applied to that application by the [F1Secretary of State];

(d)a summary of the main proposals;

(e)a map showing details of the location of the development, to which the application relates;

(f)a statement as to whether the application involves EIA development;

(g)a statement that a copy of the application and its accompanying documents, plans and maps are available for inspection free of charge at the places (including at least one address in the vicinity of the land) and times set out in the notice;

(h)the latest date on which those documents will be available for inspection being a date not earlier than the end of the period of 28 days that begins with the day after the day on which the person receives the notice;

(i)a statement as to whether a charge will be made for copies of any of the documents and if so the amount of any charge;

(j)details of how to make representations (giving notice of any interest in, or objection to, the application); and

(k)a deadline for the receipt by the [F1Secretary of State] of those representations being not less than 28 days following the date on which the person receives the notice.

(3) The applicant need not give notice of an application to a person or authority listed above, if the [F1Secretary of State] is satisfied that this is not necessary.

(4) If the [F1Secretary of State] exercises its discretion under paragraph (3) it must publish its reasons for doing so on its website.

Textual Amendments

Publicising an applicationE+W+S

20.—(1) The applicant must publish a notice of the application, which must include the matters specified in paragraph (2) of this regulation, in the same manner as is prescribed in relation to a proposed application, by regulation 14.

(2) The matters which the notice must include are—

(a)the name and address of the applicant;

(b)a statement to the effect that an application has been made to the [F1Secretary of State];

(c)the reference, if any, applied to the application by the [F1Secretary of State];

(d)a summary of the main proposals, specifying, where relevant, the location or route to which the application relates;

(e)a statement saying whether the application involves EIA development;

(f)a statement that a copy of the application and its accompanying documents, plans and maps are available for inspection free of charge at the places (including at least one address in the vicinity of the land) and times set out in the notice;

(g)the latest date on which those documents will be available for inspection (being a date not earlier than the deadline under sub-paragraph (j));

(h)a statement as to whether a charge will be made for copies of any of the documents and if so the amount of any charge;

(i)details of how to make representations (giving notice of any interest in, or objection, to the application); and

(j)a deadline for the receipt by the [F1Secretary of State] of those representations being not less than 28 days following the date that the notice is last published.

Textual Amendments

Notice of person interested in land to which compulsory acquisition request relatesE+W+S

21.—(1) This regulation applies where an application includes a request for authorisation to acquire compulsorily land or an interest in or right over land (“a compulsory acquisition request”).

(2) The applicant must give to the [F1Secretary of State] a notice specifying the names, addresses for service and contact details of the affected persons.

(3) The notice must be given within the period of 10 working days immediately following the deadline set in regulation 19(2)(k).

(4) A person is an “affected person” for the purpose of this regulation if the applicant, after making diligent inquiry, knows that the person is interested in the land to which the compulsory acquisition relates or any part of that land.

Textual Amendments

Appointment of the Examining bodyE+W+S

22.—F24(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The [F1Secretary of State] must decide whether the Examining body is to consist of a single [F1appointed person] or more than one [F1appointed person].

(3) The [F1Secretary of State] must then—

(a)appoint the Examining body;

(b)notify all those who in accordance with regulation 19 have been notified about the application of the appointment of the Examining body and give details of who has been appointed; and

(c)where more than one [F1appointed person] has been appointed, appoint one of those [F1appointed person]s to chair the Examining body.

F25(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where the [F1Secretary of State] has appointed a single [F1appointed person] to be the Examining body, if the [F1Secretary of State] subsequently decides that the application should instead be examined by more than one [F1appointed person], the [F1Secretary of State] may appoint [F1appointed person]s.

F27(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Additional appointments to the Examining bodyE+W+S

23.—(1) The [F1Secretary of State] may appoint a further [F1appointed person] to be a member of the Examining body at any time after the Examining body has been appointed under regulation 22.

(2) A person appointed under paragraph (2) becomes a member of the Examining body in addition to any person who is otherwise a member of the Examining body.

Textual Amendments

Replacement of the [F1appointed person] appointed to be the chair of the Examining bodyE+W+S

24.—(1) Paragraph (2) applies where a person appointed to be the chair of the Examining body ceases to hold the office of the [F1appointed person].

(2) The [F1Secretary of State] must appoint a member of the Examining body to chair the Examining body.

(3) A person may be appointed under paragraph (2) even though that person was not a member of the Examining body when the vacancy arose.

Textual Amendments

Membership of Examining body where application relates to land in WalesE+W+S

F2925.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Functions of the Examining bodyE+W+S

26.—(1) The Examining body has the functions of—

(a)examining an application; and

F30(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)F32...making a report to the Secretary of State on the application setting out the Examining body's—

(i)findings and conclusions in respect of an application; and

(ii)recommendation as to the decision to be made on an application.

(2) It is for the Examining body to decide how to examine an application.

Textual Amendments

Initial assessment of issuesE+W+S

27.  The Examining body must make such an initial assessment of the principal issues arising on an application as the Examining body considers appropriate.

Preliminary meeting and other meetingsE+W+S

28.—(1) After the initial assessment of the principal issues the Examining body must hold a preliminary meeting.

(2) The Examining body must invite to the preliminary meeting—

[F33(a)the applicant;

(b)each person whom the applicant is required to notify of an application under regulation 19, subject to paragraph (3) of that regulation;

(c)each person who has made a relevant representation; and

(d)each other interested party].

(3) The Examining body must give at least 21 days' notice of the date, time and place of the preliminary meeting to all those it is required to invite to the meeting and to any other person it chooses to invite.

(4) The Examining body must, at the same time as giving notice of the preliminary meeting, notify all those invited to it of the matters to be discussed at the preliminary meeting.

(5) The purposes of the preliminary meeting are—

(a)to enable invitees present at the meeting to make representations to the Examining body about how the application should be examined; and

(b)to discuss any other matter the Examining body wishes to discuss.

(6) The Examining body shall preside at the preliminary meeting and shall determine—

(a)the procedure at the preliminary meeting;

(b)the matters to be discussed;

(c)the amount of time to be allocated—

(i)to each matter; and

(ii)for making any oral representations.

(7) As soon as practicable after the end of the preliminary meeting, the Examining body must prepare a note of the proceedings, and make the note available in accordance with regulation 46 to [F34any person who is required to be invited to the preliminary meeting under regulation 28(2) and anyone who attended the preliminary meeting].

(8) The Examining body may hold further meetings for the purposes of the examination of an application and where it does so, the Examining body shall arrange for such notice to be given of any meeting as appears to the Examining body to be necessary.

[F35(9) As soon as practicable after the end of the preliminary meeting, the Examining body must inform each statutory party, and each local authority within section 88A, that that person may notify the Examining body in writing that that person is to become an interested party.]

Textual Amendments

Procedural decisionsE+W+S

29.—(1) The Examining body must, either at or after the preliminary meeting or any other meeting, in the light of the discussion at the meeting make such procedural decisions as the Examining body considers appropriate.

(2) As soon as practicable after making any procedural decision, the Examining body must notify all interested parties of the decision.

(3) In this regulation “procedural decision” means a decision about how an application is to be examined.

TimetableE+W+S

30.—(1) At the preliminary meeting, or as soon as practicable after the end of that meeting, the Examining body must set the timetable for its examination of an application specifying in the timetable—

(a)the date by which written representations must be received by the Examining body;

(b)the period within which the Examining body will ask questions in writing and seek further written information about—

(i)any matter contained in an application or a relevant representation;

(ii)any written representation; and

(iii)any other matter it considers relevant to its examination of an application;

(c)the period within which the applicant will have the opportunity to comment in writing on—

(i)any relevant or written representations; and

(ii)any responses to written questions received from an interested party or others;

(d)the period within which any interested party will have the opportunity to comment in writing on—

(i)any relevant and written representations; and

(ii)any responses to written questions received from an interested party or others;

(e)the period within which the applicant and any interested party must agree a statement of common ground;

(f)the date by which any interested party must notify the Examining body of their wish to be heard at an open-floor hearing;

(g)the date by which any affected person must notify the Examining body of their wish to be heard at a compulsory acquisition hearing;

(h)the date of any issue-specific hearing;

(i)the date by which any summaries of relevant and written representations must be received by the Examining body; and

(j)such other deadlines as the Examining body considers necessary.

(2) The Examining body must send the timetable to all interested parties and any other person it has invited to the preliminary meeting.

(3) The Examining body may subsequently vary the timetable; and as soon as practicable after doing so it must notify the variation to all interested parties and any other person it has invited to the preliminary meeting.

Written representationsE+W+S

31.—(1) The Examining body's examination of an application is to take the form of consideration of written representations about the application.

(2) Paragraph (1) has effect subject to—

(a)any requirement under regulations 33, 34, or 35 below to cause a hearing to be held; and

(b)any decision by the Examining body that any part of the examination is to take a form that is neither—

(i)consideration of written representations, nor

(ii)consideration of oral representations made at a hearing.

(3) An interested party must ensure that any written representation that the party may wish to make is received by the Examining body by the date specified in the timetable set under regulation 30, or otherwise under this regulation, by the Examining body.

(4) The Examining body may at any time specify the date (being a date not earlier than the end of a period of 21 days) by which a written representation to be submitted from an interested party must be received by the Examining body.

(5) The Examining body may permit a written representation to be made by any person who is not an interested party.

(6) Any person, other than the applicant, who submits a written representation, must identify in their written representation those parts of the application with which they agree and those parts with which they do not agree, and must state the reasons for such disagreement.

(7) The Examining body must provide all interested parties with the opportunity to comment in writing on any written representation relevant to the examination of the application or specified matters.

(8) The Examining body may in writing request—

(a)a specified number of additional copies of any representation;

(b)responses to questions posed by the Examining body about the matters contained in any representation; and

(c)such further information about the matters contained in any representation as the Examining body may specify,

and shall specify the date by which these must be received by it.

(9) Any person who receives a request in accordance with paragraph (8) above must ensure that the additional copies, responses to written questions or further information are received by the Examining body by the date specified.

(10) The Examining body may disregard any written representations, responses to questions or further information received after the date, or the expiry of the period, specified for their receipt.

(11) The Examining body must make all written representations, responses to written questions and further information received by it available in accordance with regulation 46 as soon as is practicable.

Relevant representationE+W+S

32.—(1) An interested party must ensure that their relevant representation is received by the [F1Secretary of State] by whichever is the later of the deadlines for receipt of representations included in the notice given in accordance with regulation 19 and the notice published in accordance regulation 20.

(2) Any interested party who submits a written comment on any relevant representation must ensure that it is received by the [F1Secretary of State] by whichever is the later of—

(a)the date on which the preliminary meeting is held; or

(b)the date specified in the timetable referred to in regulation 30.

(3) The [F1Secretary of State] may require in writing any person who has submitted a relevant representation or written comment to provide—

(a)a specified number of additional copies of the representation or comment; and

(b)such further information about the matters contained in the representation or comment as the [F1Secretary of State] may specify,

and may specify the date by which the copies or information must be received by it.

(4) Any person required to provide additional copies or further information must ensure that the additional copies or further information have been received by the [F1Secretary of State] by the date specified.

(5) As soon as practicable after receipt of any relevant representations, written comments on relevant representations or further information requested under paragraph (3)(b), the [F1Secretary of State] must make the representations, comments or information available in accordance with regulation 46.

Textual Amendments

Hearings about specific issuesE+W+S

33.—(1) Paragraphs (2) and (3) apply where the Examining body decides that it is necessary for the Examining body's examination of the application to include the consideration of oral representations about a particular issue made at a hearing in order to ensure—

(a)adequate examination of the issue, or

(b)that an interested party has a fair chance to put the party's case.

(2) The Examining body must cause a hearing to be held for the purpose of receiving oral representations about the issue.

(3) At the hearing, each interested party is entitled (subject to the Examining body's powers of control over the conduct of the hearing) to make oral representations about the issue.

Compulsory acquisition hearingsE+W+S

34.—(1) This regulation applies where the application includes a request for authorisation to compulsorily acquire land or an interest in or right over land (a “compulsory acquisition request”).

(2) The Examining body must fix, and cause each affected person to be informed of, the deadline by which an affected person must notify the [F1Secretary of State] that the person wishes a compulsory acquisition hearing to be held.

(3) If the [F1Secretary of State] receives notification from at least one affected person before the deadline, the Examining body must cause a compulsory acquisition hearing to be held.

(4) At a compulsory acquisition hearing, the following are entitled (subject to the Examining body's powers of control over the conduct of the hearing) to make oral representations about the compulsory acquisition request—

(a)the applicant;

(b)each affected person.

Textual Amendments

Open-floor hearingsE+W+S

35.—(1) The Examining body must fix, and cause the interested parties to be informed of, the deadline by which an interested party must notify the [F1Secretary of State] of the party's wish to be heard at an open-floor hearing.

(2) If the [F1Secretary of State] receives notification from at least one interested party before the deadline, the Examining body must cause an open-floor hearing to be held.

(3) At an open-floor hearing, each interested party is entitled (subject to the Examining body's powers of control over the conduct of the hearing) to make oral representations about the application.

Textual Amendments

Notification of hearingsE+W+S

36.—(1) In fixing, and causing persons to be informed of, a deadline under regulation 33, 34 or regulation 35, the Examining body must ensure that the deadline is at least 21 days after the date on which notice of the deadline is given.

(2) The Examining body may disregard any request for an open-floor hearing or for a compulsory acquisition hearing to be held which is received after the deadline.

(3) As soon as practicable after the expiry of the deadline the Examining body must notify—

(a)all interested parties of the date, time and place fixed for any open-floor hearing or issue-specific hearing; and

(b)affected persons of the date, time and place fixed for a compulsory acquisition hearing,

and ensure that at least 21 days' notice is given of any hearing.

(4) The Examining body may vary the date, time and place fixed for any hearing and must give such notice of any variation as appears to it to be reasonable.

(5) The place at which a hearing is to be held shall be determined by the Examining body in consultation with the applicant and, where the Examining body is satisfied, having regard to the nature of the application, that it is reasonable to do so, the Examining body may direct that different parts of a hearing shall be held at different locations.

(6) Unless the Examining body otherwise directs, the applicant must not later than 21 days before the date fixed for the commencement of a hearing—

(a)post and maintain a notice of the hearing in a conspicuous place as close as is reasonably practicable to, the land to which the application relates;

(b)post and maintain a notice of the hearing in one or more places where public notices are usually posted in the area to which the proposals contained in the application relate;

(c)publish a notice of the hearing by local advertisement in the area in which the proposals contained in the application are to have effect; and

(d)where the proposed application relates to development which consists of, or includes, a linear scheme exceeding five kilometres in length the notice of the hearing must be—

(i)displayed at intervals of not more than five kilometres along the whole proposed route of the works, except where this is impracticable due to the land in question being covered in 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 to which the development consent order relates.

(7) In this regulation “by local advertisement” means—

(a)by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated; and

(b)where the Examining body maintains a website for the purpose of advertisement of applications, by publication of the notice on the website.

(8) Where a direction has been given under paragraph (5), paragraph (6) shall have effect with the substitution—

(a)for references to the hearing, of references to the part of the hearing which is to be held at a place specified in the direction; and

(b)for references to the application, of references to that part of the application which is to be the subject of that part of the hearing.

(9) Any notice posted pursuant to paragraph (6)(a) or (b) must be readily visible to and legible by members of the public; but where, without any fault or intention of the applicant, the notice is removed, obscured or defaced before the commencement of the hearing, the applicant shall be treated as having complied with the requirements of those sub-paragraphs if the applicant has taken reasonable steps for the protection of the notice and, if need be, its replacement.

(10) A notice of a hearing posted or published pursuant to paragraph (6) must contain a statement of the date, time and place of the hearing, and of the section of the Act under which the application has been made, together with a description of the proposals contained in the application sufficient to identify the location of the proposed development with or without reference to a specified map, and details of a place where a copy of the application can be inspected.

Procedure at hearingsE+W+S

37.—(1) The Examining body shall preside at any hearing and shall determine the procedure at the hearing.

(2) At the start of the hearing the Examining body shall identify the matters to be considered at the hearing, and any matters on which the Examining body requires further explanation from—

(a)the persons entitled under regulations 33, 34 or 35 to make oral representations; or

(b)any other person permitted by the Examining body to make oral representations.

(3) Any oral representations must be based on either the relevant or written representations made by the person by whom or on whose behalf the oral representations are made; and where those relevant or written representations exceed 1500 words the person by whom they were made must prepare a summary.

(4) Without prejudice to the Examining body's discretion as to the conduct of the hearing, nothing in paragraph (2) or (3) precludes a person from referring to issues which they consider relevant to the examination of an application but which are not issues identified by the Examining body pursuant to paragraph (2) or included in their relevant or written representations.

(5) The Examining body M13 shall be responsible for the oral questioning of a person giving evidence (“A”) except where, in the view of the Examining body, oral questioning of A by another person (“B”) is necessary in order to ensure—

(a)adequate testing of any representation; or

(b)that B has a fair chance to put B's case.

(6) The Examining body may refuse to permit the oral questioning of persons giving evidence, or may require such questioning to cease, if it appears to the Examining body that permitting such questioning or allowing it to continue (as the case may be) would have the effect that the timetable referred to in regulation 30 could not be met.

(7) The Examining body may proceed with a hearing in the absence of a person entitled to appear at it.

(8) The Examining body may from time to time adjourn a hearing and, if the date, time and place of the adjourned hearing are announced at the hearing before the adjournment, no further notice shall be required.

(9) Any person entitled or permitted to make oral representations at a hearing may do so on that person's own behalf or be represented by any other person.

(10) The Examining body may permit any person, in addition to those who are entitled under regulations 33, 34 or 35, to make oral representations at a hearing.

Marginal Citations

M13By virtue of section 101(2), any oral questioning of a person making representations at a hearing may be carried out on the Examining body's behalf by a barrister, solicitor or advocate appointed under section 101(1) of the Act.

Hearings: general provisionsE+W+S

38.—(1) The following provisions of this section apply—

(a)to a hearing under regulation 33;

(b)to a compulsory acquisition hearing regulation 34; and

(c)to an open-floor hearing regulation 35.

(2) The hearing—

(a)must be in public; and

(b)must be presided over by one or more of the members of the Examining body.

(3) It is for the Examining body to decide how the hearing is to be conducted.

(4) In particular, it is for the Examining body to decide—

(a)whether a person making oral representations at the hearing may be questioned at the hearing by another person and, if so, the matters to which the questioning may relate;

(b)the amount of time to be allowed at the hearing—

(i)for the making of a person's representations; or

(ii)for any questioning by another person.

(5) The Examining body's powers under paragraphs (3) and (4) are subject to paragraph (2).

(6) Although the Examining body's powers under paragraphs (3) and (4) may be exercised for the purpose of controlling exercise of an entitlement under regulations 33, 34 or 35 those powers may not be exercised so as to deprive the person entitled of all benefit of the entitlement.

(7) In making decisions under paragraph (4)(a), the Examining body must apply the principle that any oral questioning of a person making representations at a hearing (whether the applicant or any other person) should be undertaken by the Examining body except where the Examining body thinks that oral questioning by another person is necessary in order to ensure—

(a)adequate testing of any representations; or

(b)that a person has a fair chance to put the person's case.

(8) The Examining body may refuse to allow representations to be made at the hearing if the Examining body considers that the representations—

(a)are irrelevant, vexatious or frivolous;

(b)relate to the merits of policy set out in a national policy statement;

(c)repeat other representations already made (in any form and by any person); or

(d)relate to compensation for compulsory acquisition of land or of an interest in or right over land.

Hearings: disruption and supervisionE+W+S

39.—(1) Where an interested party or any other person behaves in a disruptive manner at a hearing, the Examining body may decide to do any one or more of the following—

(a)exclude the person from all, or part, of the remainder of the hearing;

(b)allow the person to continue to attend the hearing only if the person complies with conditions specified by the Examining body;

(c)exclude the person from other hearings;

(d)direct that the person is allowed to attend other hearings only if the person complies with conditions specified by the Examining body.

Representations not made orally may be made in writingE+W+S

40.—(1) Paragraph (2) applies where--

(a)a person asks the Examining body to be allowed to make oral representations about the application at a hearing;

(b)the person does not (for whatever reason) make the representations orally at a hearing;

(c)written representations from the person are received by the [F1Secretary of State] before the Examining body completes the Examining body's examination of the application; and

(d)the written representations state that they are ones that the person asked to be allowed to, but did not, make orally at a hearing.

(2) The Examining body must consider the written representations as part of the Examining body's examination of the application if they are relevant representations.

Textual Amendments

Site inspectionsE+W+S

41.—(1) The Examining body may make an unaccompanied inspection of any site to which the application relates before or during its examination of the application without giving notice of its intention.

(2) The Examining body may, before the completion of its examination of the application inspect any site to which the application relates in the company of any interested party or their representative.

(3) Where the Examining body intends to make an inspection of the kind referred to in paragraph (2), it must notify all interested parties of the date, time and place at which it proposes to make the inspection.

(4) The Examining body shall not be bound to defer an inspection of the kind referred to in paragraph (2) where an interested party is neither present nor represented at the time appointed.

Completion of examinationE+W+S

42.—(1) When the Examining body has completed its examination of the application, it must inform each interested party of that fact.

(2) The Examining body must complete its examination of the application by the end of the period of 6 months beginning with the day after the start day.

(3) The start day is the day on which the meeting required by regulation 28 is held or, if that meeting is held on 2 or more days, the later or latest of those days.

(4) The [F1Secretary of State] may set a date for a deadline under this regulation that is later than the date for the time being set.

(5) The [F1Secretary of State] may change the date set for the deadline under paragraph (4) —

(a)more than once in relation to the same deadline;

(b)after the date for the time being set for the deadline.

[F36(6) Where the Secretary of State has changed the date set for the deadline the Secretary of State must—

(a)notify each interested party of the new deadline; and

(b)publicise the new deadline in such a manner as the Secretary of State thinks appropriate.]

Textual Amendments

Procedure after completion of examinationE+W+S

43.—F37(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38(2) The Examining body must make a written report to the Secretary of State by the end of the period of 3 months beginning with the earlier of—

(a)the deadline for its completion of the examination of the application; and

(b)the end of the day on which it completes the examination.]

(3) The report must include the Examining body's—

(a)findings and conclusions in respect of the application; and

(b)recommendation as to the decision to be made on the application.

(4) If after the completion of the Examining body's examination, the [F1Secretary of State]—

(a)differs from the Examining body on any matter of fact mentioned in, or appearing to the [F1Secretary of State] to be material to, a conclusion reached by the Examining body; or

(b)takes into consideration any new evidence or new matter of fact,

and is for that reason disposed to disagree with a recommendation made by the Examining body, the [F1Secretary of State] shall not come to a decision which is at variance with that recommendation without—

(i)notifying all interested parties of the [F1Secretary of State]'s disagreement and the reasons for it; and

(ii)giving them an opportunity of making representations in writing to the [F1Secretary of State] in respect of any new evidence or new matter of fact.

Textual Amendments

Further informationE+W+S

44.—(1) The Examining body may at any time before the completion of its examination of an application request further information or written comments from an interested party, who must supply such information by the date and in the manner specified by the Examining body.

(2) The Examining body shall on receiving any further information or written comments within the specified period, consider whether or not a further opportunity to comment in writing should be given to all interested parties and, if so, the Examining body shall specify a period for making any further written comments.

(3) The Examining body may disregard any information or written comments received after the date specified or in a manner other than that specified.

Additional copiesE+W+S

45.—(1) The Examining body may at any time before the completion of its examination of an application request from any interested party additional copies of any document sent to the Examining body during the examination and specify the period within which and the manner in which the copies are to be supplied.

(2) The interested party must supply the copies within the period and in the manner specified by the Examining body.

Availability and inspection of representations and documentsE+W+S

46.—(1) Relevant representations, written representations or documents must be made available by the Examining body to all interested parties and to anyone who requests an opportunity to inspect and take copies of them.

(2) A relevant representation, written representation or document shall be taken to be available where all interested parties are notified of—

(a)publication of the representation or document on a website;

(b)the address of the website;

(c)the place on the website where the representation or document may be accessed, and how it may be accessed;

(d)details of where and when copies of representations and documents may be inspected;

(e)details of where and when representations and documents may be copied; and

(f)whether a charge will be made for copies of any representation or document available for inspection and if so the amount of any charge.

(3) Where the applicant or an interested party is under an obligation to give to any person who so requests an opportunity to inspect and take copies of any representation or document, the opportunity shall be taken to have been given where that person is notified of—

(a)publication of the representation or document on a website;

(b)the address of the website;

(c)the place on the website where the representation or document may be accessed, and how it may be accessed;

(d)details of where and when copies of the representation or document may be inspected;

(e)details of where and when any representation or document may be copied; and

(f)whether a charge will be made for copies of any representation or document available for inspection and if so the amount of any charge.

(4) In this regulation “document” means any notice, report or other document required or authorised to be sent or prepared under these Regulations.

Making the decisionE+W+S

47.—(1) In deciding an application the [F1Secretary of State] must have regard to--

(a)any national policy statement which has effect in relation to development of the description authorised by the development consent order the subject of the application, (a “relevant national policy statement”);

(b)the appropriate marine policy documents (if any), determined in accordance with section 59 of the Marine and Coastal Access Act 2009;

(c)any matters prescribed in relation to development of the description authorised by the development consent order the subject of the application; and

(d)any other matters which the [F1Secretary of State] thinks are both important and relevant to [F39the Secretary of State’s] decision.

(2) The [F1Secretary of State] must decide the application in accordance with any relevant national policy statement, except to the extent that one or more of paragraphs (3) to (7) applies.

(3) This paragraph applies if the [F1Secretary of State] is satisfied that deciding the application in accordance with any relevant national policy statement would lead to the United Kingdom being in breach of any of its international obligations.

(4) This paragraph applies if the [F1Secretary of State] is satisfied that deciding the application in accordance with any relevant national policy statement would lead to the [F1Secretary of State] being in breach of any duty imposed on [F40the Secretary of State] by or under any enactment.

(5) This paragraph applies if the [F1Secretary of State] is satisfied that deciding the application in accordance with any relevant national policy statement would be unlawful by virtue of any enactment.

(6) This paragraph applies if the [F1Secretary of State] is satisfied that the adverse impact of the proposed development would outweigh its benefits.

(7) This paragraph applies if the [F1Secretary of State] is satisfied that any condition prescribed for deciding an application otherwise than in accordance with a national policy statement is met.

(8) The Infrastructure Planning (Decisions) Regulations 2010 M14 shall apply in relation to the decision of the [F1Secretary of State], subject to the following modifications—

(a)each reference to “an application” shall be deemed to be a reference to an application as defined in regulation 9(2); [F41and]

F42(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)for “order granting development consent” substitute “ order ” in each place where the words occur [F43.]

F44(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In deciding an application the [F1Secretary of State] may disregard representations if the [F1Secretary of State] considers that the representations—

(a)do not relate to the application;

(b)are vexatious or frivolous;

(c)relate to the merits of policy set out in a national policy statement;

(d)relate to compensation for compulsory acquisition of land or of an interest in or right over land; or

(e)relate to the compensation payable as a consequence of an order being made.

(10) The [F1Secretary of State] may disregard any representations which are received—

(a)after the date specified for their receipt by the [F1Secretary of State]; or

(b)in a manner other than that specified in a procedural decision under regulation 29, or otherwise, by the [F1Secretary of State].

Textual Amendments

Marginal Citations

Decision-making by the Examining bodyE+W+S

F4548.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Timetable for decisionsE+W+S

49.—F46(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F47(2) The Secretary of State must decide the application by the end of the period of 3 months beginning with the earlier of—

(a)the deadline for the Secretary of State to have received a report on the application from the Examining body under regulation 43(2); and

(b)the end of the day on which the Secretary of State receives a report on the application from the Examining body under regulation 43(2).]

(3) The [F1Secretary of State] may set a date for the deadline under [F48this regulation] that is later than the date for the time being set.

(4) The [F1Secretary of State] may change the date set for the deadline under [F49this regulation]—

(a)more than once in relation to the same deadline;

(b)after the date for the time being set for the deadline.

F50(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F51(6) Where the Secretary of State exercises the power under paragraph (3), the Secretary of State must make a statement to the House of Parliament of which that Secretary of State is a member, announcing the new deadline.

(7) A statement under paragraph (6) must be published in such form and manner as the Secretary of State considers appropriate.

(8) A statement under paragraph (6) may be written or oral.]

Textual Amendments

Notification of decisionsE+W+S

50.  The [F1Secretary of State] must give written notice of its decision on an application to each person who it is required by regulation 52 to provide a copy of the statement of its reasons for its decision on an application.

Textual Amendments

Notice of authorisation of compulsory acquisitionE+W+S

51.—(1) This regulation applies if an order under paragraph 3(1) of Schedule 6 to the Act (“the order”) includes provision authorising the compulsory acquisition of land.

(2) In this regulation—

“the order land” means—

(a)

in a case where the order authorises the compulsory acquisition of a right over land by the creation of a new right, the land over which the right is to be exercisable;

(b)

in any other case where the order authorises the compulsory acquisition of land, the land authorised to be compulsorily acquired;

“the prospective purchaser” means—

(c)

in a case where the order authorises the compulsory acquisition of a right over land by the creation of a new right, the person for whose benefit the order authorises the creation of the right;

(d)

in any other case where the order authorises the compulsory acquisition of land, the person authorised by the order to compulsorily acquire the land.

(3) After the order has been made, the prospective purchaser must—

(a)serve a compulsory acquisition notice F52...on each person to whom paragraph (4) applies, F53...

(b)affix a compulsory acquisition notice to a conspicuous object or objects on or near the order land [F54, and]

[F55(c)make a copy of the order available, at a place in the vicinity of the land, for inspection by the public at all reasonable hours].

(4) This paragraph applies to any person who, if the order were a compulsory purchase order, would be a qualifying person for the purposes of section 12(1) of the Acquisition of Land Act 1981 M15 (notice to owners, lessees and occupiers).

(5) A compulsory acquisition notice which is affixed under paragraph (3)(b) must—

(a)be addressed to persons occupying or having an interest in the order land, and

(b)so far as practicable, be kept in place by the prospective purchaser until the end of the period of 6 weeks beginning with the date on which the order is published.

(6) The prospective purchaser must also publish a compulsory acquisition notice in one or more local newspapers circulating in the locality in which the order land is situated.

(7) A compulsory acquisition notice is a notice, which contains the following information—

(a)a description of the order land;

(b)in a case where the order includes provision authorising the compulsory acquisition of a right over land by the creation of a new right, a description of the right;

(c)a statement that the order includes provision authorising the compulsory acquisition of a right over the land by the creation of a right over it or (as the case may be) the compulsory acquisition of the land;

[F56(ca)stating where and when a copy of the order is available for inspection in accordance with paragraph (3)(c);] and

(d)a statement that a person aggrieved by the order may challenge the order only in accordance with section 118 of the Act.

F57(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

Statement of reasonsE+W+S

52.—(1) The [F1Secretary of State] must prepare a written statement of its reasons for deciding to make an order under paragraph 3(1) of Schedule 6 to the Act or for refusing to make an order.

(2) The [F1Secretary of State] must provide a copy of the statement to the following—

(a)the applicant;

(b)each person who has the benefit of the development consent order to which the application relates;

F58(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the Greater London Authority if the land is in Greater London;

(f)the Marine Management Organisation if the land is in one or more of the areas specified in subsection (1A) of section 102 M16;

(g)any person who has made a relevant representation; and

[F60(h)any person who has become an interested party before completion of the examination]

[F61except, in the case of a person who is capable of being an interested party, where such a person has ceased to be an interested party on the date of completion of the examination under regulation 42.]

(3) The [F1Secretary of State] must publish the statement in such manner as the [F1Secretary of State] thinks appropriate.

Textual Amendments

Marginal Citations

M162008 c.29. Section 102 was amended by section 23(1), (6)(a) and (6)(b) of the Marine and Coastal Access Act 2009 (c.23). There are other amendments which are not relevant to these Regulations.

Effect of decisionE+W+S

53.—(1) Subject to paragraph (2), if a change, which is material, is made to a development consent order under the power conferred by paragraph 3(1) of Schedule 6 to the Act—

(a)the development consent order continues in force; and

(b)the change to the development consent order takes effect from the date on which the notice of the [F1Secretary of State]'s decision is notified under regulation 50, or if the change to the order is required to be made by order contained in a statutory instrument, the date specified in the order making the change.

(2) If under the power conferred by paragraph 3(1) of Schedule 6 to the Act a development consent order is revoked, the revocation shall take effect—

(a)from the date specified in the order making the revocation; or

(b)where there is no date specified, the date on which the order making the revocation is made.

Textual Amendments

PART 3E+W+SChanges to, and revocation of, orders granting development consent under paragraphs 3(1), 3(3)F62... and 3(7) of Schedule 6 to the Act

Textual Amendments

GeneralE+W+S

54.  The regulations in this Part apply where the [F1Secretary of State] proposes to make an order under paragraph 3(1) in the circumstances described in paragraphs 3(3)F63... or 3(7) of Schedule 6 to the 2008 Act.

Textual Amendments

NoticeE+W+S

55.—(1) Before making an order the [F1Secretary of State] must give notice of its intention to consider making such an order to—

(a)each person for whose benefit the development consent has effect;

(b)each authority which, in relation to the application, is a relevant local authority;

(c)the Greater London Authority if the land is in Greater London;

(d)the Marine Management Organisation if the land is in one or more of the areas specified in subsection (1A) of section 102;

(e)each person who is within one or more of the categories set out in section 57 as regards the land;

F64(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the persons listed in column 1 of the table in Schedule 1 to these Regulations, in the circumstances specified in relation to each such person in column 3 of that table, subject to the modification that each reference to the “application” shall be deemed to be a reference to the “proposed order” .

(2) The notice must include—

(a)a copy of the proposed order;

(b)any documents or plans considered necessary to support the proposed order;

(c)a statement saying whether the proposed order involves EIA development;

(d)a statement that—

(i)the [F1Secretary of State] is satisfied as to the matters described in paragraph 3(3) of Schedule 6 to the Act; [F65or]

F66(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)the Secretary of State is satisfied as to the matters described in paragraph 3(7) of Schedule 6 to the Act;

(e)a statement that a copy of the proposed order and any accompanying documents and plans are available for inspection free of charge at the places (including at least one address in the vicinity of the land) and times set out in the notice;

(f)the latest date on which those documents will be available for inspection being a date not earlier than the end of the period of 28 days that begins with the day after the day on which the person receives the notice;

(g)a statement as to whether a charge will be made for copies of any of the documents and if so the amount of any charge;

(h)details of how to make representations (giving notice of any interest in, or objection to, the proposed order); and

(i)a deadline for the receipt by the [F1Secretary of State] of those representations being not less than 28 days following the date on which the person receives the notice.

Textual Amendments

Publicising a proposed orderE+W+S

56.—(1) The [F1Secretary of State] must publish a notice, which must include the matters specified in paragraph (2), in the same manner as is prescribed in relation to a proposed application by regulation 14.

(2) The matters which the notice must include are—

(a)the name and address of the [F1Secretary of State];

(b)a statement to the effect that the [F1Secretary of State] is considering making the proposed order;

(c)the reference of the [F1Secretary of State];

(d)a summary of the main proposals in the proposed order;

(e)a statement saying whether the proposed order involves EIA development;

(f)a statement that a copy of the proposed order and any accompanying documents, plans and maps are available for inspection free of charge at the places (including at least one address in the vicinity of the land) and times set out in the notice;

(g)the latest date on which those documents will be available for inspection (being a date not earlier than the deadline date under sub-paragraph (j));

(h)a statement as to whether a charge will be made for copies of any of the documents and if so the amount of any charge;

(i)details of how to make representations (giving notice of any interest in, or objection, to the application); and

(j)a deadline for the receipt by the [F1Secretary of State] of those representations being not less than 28 days following the date that the notice is last published.

Textual Amendments

Notification of decisionsE+W+S

57.  The [F1Secretary of State] must give written notice of its decision to each person who it is required by regulation 58 to provide a copy of the statement of its reasons for its decision.

Textual Amendments

Statement of reasonsE+W+S

58.—(1) The [F1Secretary of State] must prepare a written statement of its reasons for deciding to make an order under paragraph 3(1) of Schedule 6 to the Act or for refusing to make an order.

(2) The [F1Secretary of State] must provide a copy of the statement to the following—

(a)the applicant;

(b)each person who has the benefit of the development consent order to which the application relates;

(c)any statutory party;

(d)each relevant local authority;

(e)the Greater London Authority if the land is in Greater London;

(f)the Marine Management Organisation if the land is in one or more of the areas specified in subsection (1A) of section 102;

(g)anyone who has made a relevant representation; and

F67(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The [F1Secretary of State] must publish the statement in such manner as the [F1Secretary of State] thinks appropriate.

Textual Amendments

Effect of decisionE+W+S

59.—(1) Subject to paragraph (2), if a change, which is material, is made to a development consent order under the power conferred by paragraph 3(1) of Schedule 6 to the Act—

(a)the development consent order continues in force; and

(b)the change to the development consent order takes effect from the date on which the notice of the [F1Secretary of State]'s decision is notified under regulation 57, or if the change to the order is required to be made by order contained in a statutory instrument, the date specified in the order making the change.

(2) If under the power conferred by paragraph 3(1) of Schedule 6 to the Act a development consent order is revoked, the revocation shall take effect from—

(a)from the date specified in the order making the revocation; or

(b)where there is no date specified, the date on which the order making the revocation is made.

Textual Amendments

PART 4E+W+SProvisions about the assessment of compensation payable under paragraph 6 of Schedule 6 to the Act

InterpretationE+W+S

60.  In this Part—

F68...

“the relevant order” means the order in consequence of which compensation is or may be payable; and

“the 1990 Act” means the Town and Country Planning Act 1990 M17.

Textual Amendments

Marginal Citations

M171990 c.8. Section 107 was amended by section 31 of and paragraph 13 of Schedule 6 to the Planning and Compensation Act 1991 (c.34). Section 109 was amended by section 40 of and paragraph 14 of Schedule 6 to the Planning and Compulsory Purchase Act 2004 (c.5) and by article 5 of S.I. 2009/1307. Section 110 was amended by section 204 of the Local Government (Wales) Act 1994 (c.19). Sections 111 and 112 were amended by sections 31 and 84 of and paragraphs 15(a) and 16 of Schedule 6 and Part 2 of Schedule 19 to the Planning and Compensation Act 1991 (c.34). Section 117 was amended by section 21 of and paragraph 10 of Schedule 1 to the Planning and Compensation Act 1991 (c.34). Section 280 was amended by section 406 of and paragraph 104(a) of Schedule 17 to the Communications Act 2003 (c. 21) and by article 5 of S.I. 2009/1307. There other amendments to the 1990 Act which are not relevant to these Regulations.

Claim for compensationE+W+S

61.—(1) Any claim for compensation must be made to the [F69Secretary of State].

(2) A claim for compensation must be in writing and must contain the following—

(a)the name and address of the claimant;

(b)the name and address of an agent, if appointed;

(c)a statement as to whether the claimant has an interest in the land to which the relevant order relates or is a person for whose benefit the development consent order has effect;

(d)the [F69Secretary of State]'s reference for the relevant order;

(e)details of the expenditure, loss or damage which is the subject of the claim;

(f)documentary evidence to support the claim;

(g)if requested by the [F1Secretary of State]—

(i)3 paper copies of the claim; and

(ii)other supporting documents.

(3) A claim for compensation must be made before the end of the period of 12 months that begins on the day after the day on which the [F1Secretary of State] gave notification of its decision in accordance with regulation 50 or 57.

(4) Any dispute as to the amount of compensation shall be referred to the Upper Tribunal for determination.

(5) In relation to the determination of any dispute as to the amount of compensation, the provisions of section 4 of the Land Compensation Act 1961 M18 (costs) shall apply subject to the modification that for “acquiring authority” substitute “[F69Secretary of State]” in each place where the words occur.

Textual Amendments

Marginal Citations

M181961 c. 33. Section 4 was amended by S.I. 2009/1307.

Assessment of compensationE+W+S

62.—(1) In calculating the amount of any compensation for depreciation, it shall be assumed that planning permission would be granted—

(a)subject to the condition set out in Schedule 10 to the 1990 Act (condition treated as applicable to rebuilding and alterations), for any development of the land of a class specified in paragraph 1(b) or (c) of Schedule 3 to the 1990 Act (development not constituting development) subject to the modifications in paragraph (2) below;

(b)for any development of a class specified in paragraph 2 of Schedule 3 to the 1990 Act.

(2) In paragraph 1(b) of Schedule 3 to the 1990 Act omit the words “after 1st July 1948”.

Apportionment of compensation for depreciationE+W+S

63.—(1) Where the compensation which becomes payable under paragraph 6 of Schedule 3 to the Act includes compensation for depreciation of an amount exceeding £20, the [F70Secretary of State]—

(a)if it appears to [F71the Secretary of State] to be practicable to do so, shall apportion the amount of the compensation for depreciation between different parts of the land to which the claim for that compensation relates; and

(b)shall give particulars of any such apportionment to the claimant and to any other person entitled to an interest in land which appears to the [F72Secretary of State] to be substantially affected by the apportionment.

(2) In carrying out an apportionment under paragraph (1)(a), the [F70Secretary of State] shall divide the land into parts and shall distribute the compensation for depreciation between those parts, according to the way in which different parts of the land appear to the [F73Secretary of State] to be differently affected by the order in consequence of which the compensation is payable.

(3) The claimant and any other person to whom particulars of an apportionment have been given under paragraph (1), or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, may require it to be referred to the Upper Tribunal—

(a)for enabling the claimant and every other person to whom particulars of any such apportionment have been so given to be heard by the Tribunal on any reference under this section of that apportionment; and

(b)for requiring the Tribunal, on any such reference, either to confirm or to vary the apportionment and to notify the parties of the decision of the Tribunal.

(4) Where on a reference to the Upper Tribunal under this regulation it is shown that an apportionment--

(a)relates wholly or partly to the same matters as a previous apportionment, and

(b)is consistent with that previous apportionment in so far as it relates to those matters,

the Tribunal shall not vary the apportionment in such a way as to be inconsistent with the previous apportionment in so far as it relates to those matters.

(5) On a reference to the Upper Tribunal by virtue of paragraph (4), paragraphs (1) and (2), so far as they relate to the making of an apportionment, shall apply with the substitution, for references to the [F70Secretary of State], of references to the Upper Tribunal.

(6) In this regulation—

  • “interest” (where the reference is to an interest in land) means the fee simple or a tenancy of the land and does not include any other interest in it, and

  • “relevant order” means the order by which development consent is refused, or is granted subject to requirements other than those previously imposed by the development consent order.

Textual Amendments

Registration of compensation for depreciationE+W+S

64.  Section 110 of the 1990 Act (registration of compensation for depreciation) shall apply subject to the following modifications —

[F74(a)omit subsection (1); and

(b)in subsection (2) for the words “the Secretary of State” to “is given such notice he” substitute “compensation becomes payable which includes compensation for depreciation of an amount exceeding £20 the Secretary of State]

(c)in subsection (3) omit the words “, or in a case falling within section 108 the relevant planning decision”.

Textual Amendments

General provisions as to compensation for depreciationE+W+S

65.  Section 117 of the 1990 Act (general provisions as to compensation for depreciation) shall apply.

Compensation for statutory undertakersE+W+S

66.  Where a statutory undertaker is entitled to compensation, the amount of compensation payable shall be an amount calculated in accordance with section 280 of the 1990 Act (measure of compensation to statutory undertakers, etc), subject to the following modifications—

(a)omit subsections (1), (2)(c) and (6);

(b)in subsection (2)—

(i)before the words “Subject to subsections (4) and (6) ” insert “ and where a statutory undertaker is entitled to an amount of compensation, ”,

(ii)for “to (6)” substitute “ and (5) ”.

(c)for subsection (8) substitute the following—

“In this section—

“the relevant order” means—

(a)

the order in respect of which compensation falls to be assessed; and

(b)

in relation to compensation under section 279(4), the circumstances making it necessary for the apparatus in question to be removed or re-sited; and

“the appropriate Minister's certificate” means such a certificate as is mentioned in sections 127 and 128 of the Planning Act.”

PART 5E+W+SMiscellaneous

Closed evidenceE+W+S

67.—(1) Nothing in these Regulations shall be taken to require or permit closed evidence to be disclosed to a person other than—

(a)the Secretary of State;

(b)the parties; or

(c)a person of any description specified in a direction.

(2) In this regulation—

(a)“closed evidence” means any representation which is subject to a direction;

(b)“direction” means a direction given by the Secretary of State under [F75section 95A(2) of] the Act;

(c)“parties” means—

(i)the person who requested a direction; or

(ii)any person appointed under [F76section 95A(3) of] to the Act to represent the interests of a person, who is prevented from inspecting or hearing closed evidence during the examination of an application for a development consent order, as a result of the direction.

Textual Amendments

Form and service of notices etc.E+W+S

68.—(1) Where under any provision of these Regulations a person is required to notify another person or body of something, that notification must be in writing.

(2) Any representation, notice or other document required or authorised to be sent under any provision of these Regulations may be sent—

(a)by sending it by post, addressed to that person at that person's usual or last known place of residence, or in a case where an address for service has been given by that person, at that address;

(b)by sending it in a prepaid registered letter, or by recorded delivery service addressed to that person at that person's usual or last known place of residence, or in a case where an address for service has been give by that person, at that address; or

(c)subject to paragraphs (3) to (6), by electronic transmission to such address as may for the time being be specified by the person for that purpose.

(3) Where a representation, notice or other document required to be sent for any purpose of these Regulations is sent by electronic transmission, the requirement shall be taken to be fulfilled where the recipient of the representation, notice or other document has consented, either in writing or by electronic transmission, to the use of electronic transmission.

(4) Where the recipient of a representation, notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that representation, notice or other document, the sender must provide such a copy as soon as is reasonably practicable.

(5) A person may revoke their consent to the use of electronic transmission for any purpose of these Regulations by giving notice to that effect in writing or by electronic transmission, specifying the purpose for which electronic transmission may not be used and the date on which revocation is to take effect, being not less that 7 days after the date on which the notice is given.

(6) A revocation under paragraph (5) shall take effect on the date specified in the notice.

Allowing further timeE+W+S

69.  The [F1Secretary of State] may at any time and in any particular case allow further time for the taking of any step which must or may be taken by virtue of these Regulations.

Textual Amendments

Amendment to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010E+W+S

70.  Form A in Schedule 1 to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010 M19 shall be amended as follows—

(a)in the second paragraph, after the words “the Secretary of State” insert “ [the Panel that has the function of deciding the application] [the Council of the [F1Secretary of State]](d) ”;

(b)after the fourth paragraph, insert the following—

“[the right can be purchased without serious detriment to the carrying on of the undertaking] [any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to or available for acquisition by them](d)”.

Textual Amendments

Marginal Citations

M19SI 2010/104

ReviewE+W+S

71.—(1) Before the end of the review period, the Secretary of State must—

(a)carry out a review of these Regulations,

(b)set out the conclusions of the review in a report, and

(c)lay the report before Parliament.

(2) The report must in particular—

(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations,

(b)assess the extent to which those objectives are achieved, and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) “Review period” means the period of five years beginning with the day on which these Regulations come into force.

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

Bob Neill

Parliamentary Under Secretary of State

Department for Communities and Local Government

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
[F77The 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 M20All proposed applications likely to affect land in ScotlandAll applications likely to affect land in Scotland
Natural England M21All 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 [F78police 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 F79...All applications likely to affect land in England F79...
The Scottish Environment Protection AgencyAll proposed applications likely to affect land in ScotlandAll applications likely to affect land in Scotland
F80. . .F80. . .F80. . .
F81. . .F81. . .F81. . .
[F82The Equality and Human Rights CommissionAll proposed applications likely to affect land in England and WalesAll applications likely to affect land in England and Wales]
[F83The Scottish Human Rights CommissionAll proposed applications likely to affect land in ScotlandAll applications likely to affect land in Scotland]
F84. . .F84. . .F84. . .
[F85relevant] 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
[F86The Natural Resources Body for Wales]All proposed applications likely to affect land in WalesAll applications likely to affect land in Wales
[F87The Homes and Communities Agency M22All 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.
F88. . .F88. . .F88. . .
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
The Highways AgencyAll 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
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
[F89Passenger FocusAll proposed applications likely to affect rail passenger transportAll applications likely to affect rail passenger transport]
[F90The 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.
[F91The Office of Rail Regulation and approved operators M23All proposed applications likely to affect the rail transport industryAll applications likely to affect the rail transport industry]
[F92The Gas and Electricity Markets AuthorityAll proposed applications likely to affect gas and electricity marketsAll applications likely to affect gas and electricity markets]
[F93The 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]
[F94The 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]
[F95The 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 M24All proposed applications likely to affect navigation in tidal watersAll applications likely to affect navigation in tidal waters
[F96Public Health England, an executive agency of the Department of Health]All proposed applications likely to involve chemicals, poisons or radiation which could potentially cause harm to people [F97and likely to affect significantly public health]All applications likely to involve chemicals, poisons or radiation which could potentially cause harm to people [F97and likely to affect significantly public health]
[F98The 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 [F99in England or Scotland]All applications likely to affect the protection or expansion of forests and woodlands [F99in England or Scotland]
[F100The 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]
[F101The relevant local health board All proposed applications likely to affect land in WalesAll applications likely to affect land in Wales]
[F101The National Health Service Trusts All proposed applications likely to affect land in WalesAll applications likely to affect land in Wales]
[F102The 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

M23For the definition of “approved operators” see section 25 of the Planning Act 2008.

M24The Corporation of Trinity House of Deptford Strond.

[F103Note] [F103Notes] to Table

[F104(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 [F105or has responsibility for an area which neighbours that location].

[F106(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 [F1Secretary of State] of a payment by way of a fee is a reference to the [F1Secretary 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 [F1Secretary 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 [F1Secretary of State] the fee specified in sub-paragraph (3) must be paid to the [F1Secretary of State].

(2) If the applicant fails to pay the fee, the [F1Secretary of State] need not consider the application until payment is received by the [F1Secretary of State].

(3) The fee payable on making an application is £4,500.

Textual Amendments

Pre-examination feeE+W+S

3.—(1) The [F1Secretary of State] must charge the applicant a pre-examination fee.

(2) Following a decision under regulation 22, the [F1Secretary of State] must notify the applicant as soon as reasonably practicable, of the pre-examination fee.

(3) The pre-examination fee is—

(a)where a single [F1appointed person] will handle the application, £8,500;

(b)where two or three [F1appointed person]s will handle the application, £25,500;

(c)where more than three [F1appointed person]s will handle the application, £38,500.

(4) The pre-examination fee must be received by the [F1Secretary 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 [F1Secretary of State] need take no further steps in relation to the application until payment has been received by the [F1Secretary of State].

Textual Amendments

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

4.—(1) The [F1Secretary 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

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

5.—(1) Following the preliminary meeting under regulation 28, the [F1Secretary 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 [F1appointed person], or 2 or more [F1appointed person]s, and in the latter case, the number of [F1appointed 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 [F1Secretary of State] as required for its examination of the application;

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

(a)

where the examination is to be handled by a single [F1appointed person], £615 for each estimated relevant day;

(b)

where the examination is to be handled by 2 or 3 [F1appointed person]s, £1,340 for each estimated relevant day;

(c)

where the examination is to be handled by more than 3 [F1appointed person]s, £2,040 for each estimated relevant day.

(3) The initial payment must be received by the [F1Secretary 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 [F1Secretary of State] need take no further steps in relation to the application until payment has been received by the [F1Secretary 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 [F1Secretary of State] must, as soon as reasonably practicable, give the applicant notice of the final payment.

(2) The final payment is—

(a)where a single [F1appointed person] has examined the application, £1,230 for each relevant day;

(b)where two or three [F1appointed person]s have examined the application, £2,680 for each relevant day;

(c)where more than three [F1appointed person]s have examined the application, £4,080 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 [F1Secretary of State] examined the application.

(4) The final payment must be received by the [F1Secretary 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 [F1Secretary of State] need take no further steps in relation to the application until payment has been received by the [F1Secretary 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 [F1Secretary of State] may charge a fee in respect of the venue costs.

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

(a)where the [F1Secretary of State] causes a hearing to be held, the costs reasonably incurred by the [F1Secretary of State] in respect of that hearing; or

(b)where the [F1Secretary of State] makes arrangements for a hearing to be held but it does not take place, the costs reasonably incurred by the [F1Secretary of State] in respect of those arrangements.

(3) The [F1Secretary of State] must notify the applicant of the amount of the fee.

(4) The fee must be received by the [F1Secretary 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 [F1Secretary of State] need take no further steps in relation to the application until payment has been received by the [F1Secretary of State].

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

Textual Amendments

Explanatory Note

(This note is not part of the Regulations)

The Planning Act 2008 (“the Act”) established the Infrastructure Planning Commission and provides for the granting of development consent for certain types of nationally significant infrastructure projects. Section 153 of and Schedule 6 to the Act contain provisions concerning changes to, and the revocation of orders granting development consent after they have been granted. Paragraph 2 of Schedule 6 to the Act enables the appropriate authority to make a change to a development consent which is non-material. Paragraph 3 of Schedule 6 to the Act gives the appropriate authority a general power to make a change to, or revoke a development consent order. Paragraph 6 of Schedule 6 to the Act contains provisions in respect of claims for and payment of compensation following the exercise of the power in paragraph 3.

These Regulations set out procedural provisions in respect of applications under Schedule 6 to the Act, their consideration and determination. It also provides for the payment of fees for such applications. Section 4 of the Act gives the Secretary of State the power to make regulations for the charging of fees by the Commission.

Part 1 of these Regulations sets out procedural provisions in respect of applications for a change, which is not material, to a development consent order.

Part 2 of the Regulations contains provisions regarding applications for changes to, and revocation of, orders granting development consent under paragraph 3(1) of Schedule 6 in the circumstances described in paragraphs 3(4) and 3(5) of Schedule 6.

Part 3 of the Regulations concerns applications for changes to, and revocation of, orders granting development consent under paragraph 3(1) of Schedule 6 to the Act in the circumstances described in paragraph 3(3), (3)(6) and 3(7) of Schedule 6 to the Act. Paragraphs 3(3) and 3(7) provide that in certain circumstances an order under paragraph 3(1) can be made without an application having be made.

Part 4 of the Regulations contains provisions in respect of the assessment of the compensation payable under paragraph 6 of Schedule 6 to the Act. Regulation 61 provides that any claim for compensation must be made to the appropriate authority, contains requirements as to the form, content and timing of the claim. It further provides that any dispute as to the amount of compensation shall be referred to the Upper Tribunal for determination. Assumptions to be made in the context of the assessment of compensation are set out in regulation 62. Regulation 63 details how compensation is to be apportioned between different parts of the land to which a claim for compensation relates. Sections 110 and 117 of the Town and Country Planning Act 1990 are applied by regulations 64 and 65. Regulation 66 provides that the compensation for statutory undertakers shall be calculated in accordance with section 280 of the Town and Country Planning Act 1990.

Part 5 of the Regulations contains various miscellaneous provisions. Regulation 67 defines closed evidence and provides for its disclosure. Regulation 68 contains provisions in respect of the form and content of notices. Regulation 69 states that the appropriate authority can allow further time for taking any step which must, or may be taken under these Regulations. Regulation 70 amends the Infrastructure Planning (Compulsory Acquisition) Regulations 2010 (S.I. 2010/104 in accordance with commitments made in a Memorandum to the Joint Committee on Statutory Instruments. Regulation requires the Secretary of State to review the operation and effect of these Regulations and lay a report before Parliament with five years after the Regulations come into force. Following the review the Secretary of State will decide whether the Regulations should be maintained in force with or without amendments.

Schedule 1 to these Regulations lists the persons and bodies that must be consulted under regulation 10, given notice of a proposed application under regulation 19 and given notice of the appropriate authority's intention to consider making an order under regulation 55.

Schedule 2 to these Regulations provides the fees that are payable when an application is made and in respect of its examination.

An Impact Assessment has been prepared and has been placed in the Library of each House of Parliament and copies may be obtained from the Department for Communities and Local Government Planning - Major Infrastructure Division, Zone 1/H6, Eland House, Bressenden Place, London, SW1E 5DU (0303 444 1617).

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