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

Publicising a proposed applicationE+W+S

This section has no associated Explanatory Memorandum

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)[F1once 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 [F2Secretary 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) [F3Where 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.]

[F3Where the change in the proposed application consists of, or includes, works with a route or alignment exceeding 5 kilometres in length the notice, which must include the matters specified in paragraph (2) of this regulation, must be—

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

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

(5) [F4The applicant need not publish, or arrange for, a notice of a proposed application in the manner specified in paragraph (4) above, if the [F2Secretary of State] is satisfied that this is not necessary.]

[F4The applicant need not publish, or arrange for, a notice of a proposed application in the manner specified in paragraph (4), if they have obtained the written consent of the Secretary of State.]

(6) If the [F2Secretary of State] exercises its discretion under paragraph (5) it must publish its reasons for doing so on its website.

Textual Amendments

F1Reg. 14(1)(b) omitted (14.7.2015 for E.W., with application in Scotland for specified purposes, see 2008 c. 29, s. 240(4)) by virtue of The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (S.I. 2015/760), regs. 1(1), 5(3)(a) (with reg. 8)

F3Reg. 14(4) substituted (14.7.2015 for E.W., with application in Scotland for specified purposes, see 2008 c. 29, s. 240(4)) by The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (S.I. 2015/760), regs. 1(1), 5(3)(b) (with reg. 8)

F4Reg. 14(5) substituted (14.7.2015 for E.W., with application in Scotland for specified purposes, see 2008 c. 29, s. 240(4)) by The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (S.I. 2015/760), regs. 1(1), 5(3)(c) (with reg. 8)