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).