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

Interpretation

2.—(1) In these Regulations—

“affected person” means a person whose name has been given to the appropriate authority 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)(1);

“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;

“appropriate authority” means—

(a)

in a case where a Panel or the Council made the order granting development consent to which a proposed application or an application relates, the Commission;

(b)

in a case where the Secretary of State made the order to which a proposed application or an application relates, the Secretary of State;

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

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but in electronic form;

“Examining body” means—

(a)

where the Commission is the appropriate authority, the single Commissioner or the Commissioners appointed in accordance with regulation 22;

(b)

where the Secretary of State is the appropriate authority, the Secretary of State or any person appointed by the Secretary of State to examine an application on their behalf;

“fire and rescue authority” has the same meaning as in section 1 of the Fire and Rescue Services Act 2004 (fire and rescue authorities)(3);

“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)(4);

“internal drainage board” has the same meaning as in section 1 of the Land Drainage Act 1991 (internal drainage districts and boards)(5);

“interested party” means—

(a)

the applicant;

(b)

each statutory party;

(c)

each relevant local authority;

(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; and

(f)

each person who has made a relevant representation;

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

“local resilience forum” has the same meaning as in regulation 4 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005(6);

“Marine Management Organisation” has the same means as in section 1 of the Marine and Coastal Access Act 2009(7);

“police authority” means an authority established under section 3 of the Police Act 1996 (establishment of police authorities)(8);

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

“regional development agency” means a regional development agency established under section 1 of the Regional Development Agencies Act 1998 (establishment)(9);

“relevant local authority “ means each local authority within the meaning given by section 102(5) (interpretation of Chapter 4: “interested party” and other expressions) 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 appropriate authority;

(c)

is received by the appropriate authority 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)(10);

“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;

“Strategic Health Authority” means an authority established under section 13 of the National Health Service Act 2006 (strategic health authorities)(11);

“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.

(1)

2000 c.37. Section 86 was amended by the Planning and Compulsory Purchase Act 2004 (c.5), sections 118(2), 120, Schedule 7, paragraph 23(a) and (b), Schedule 9 and by the Natural Environment and Rural Communities Act 2006 (c.16), section 105(1), Schedule 11, Part 1, paragraph 164(c).

(2)

S.I. 2009/2263.

(3)

2004 c.21. Section 1 was amended by the Civil Contingencies Act 2004 (c.36), section 31(1), Schedule 2, Part 1, paragraph 10(1) and (2).

(4)

2008 c.26.

(5)

1991 c.59.

(6)

S.I. 2005/2042.

(7)

2009 c.23.

(8)

1996 c.16.

(9)

1998 c.45.

(10)

2004 c.20.

(11)

2006 c.41.