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

Changes over time for: The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 (Schedules only)

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Version Superseded: 16/10/2015

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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
[F1The 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 M1All proposed applications likely to affect land in ScotlandAll applications likely to affect land in Scotland
Natural England M2All 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 [F2police 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 F3...All applications likely to affect land in England F3...
The Scottish Environment Protection AgencyAll proposed applications likely to affect land in ScotlandAll applications likely to affect land in Scotland
F4. . .F4. . .F4. . .
F5. . .F5. . .F5. . .
[F6The Equality and Human Rights CommissionAll proposed applications likely to affect land in England and WalesAll applications likely to affect land in England and Wales]
[F7The Scottish Human Rights CommissionAll proposed applications likely to affect land in ScotlandAll applications likely to affect land in Scotland]
F8. . .F8. . .F8. . .
[F9relevant] 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
[F10The Natural Resources Body for Wales]All proposed applications likely to affect land in WalesAll applications likely to affect land in Wales
[F11The Homes and Communities Agency M3All 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.
F12. . .F12. . .F12. . .
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
[F13The Secretary of State for Transport]All 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
[F14The relevant strategic highways company All proposed applications likely to affect road or transport operation and/or planning on roads for which the strategic highways company is the highway authority.All applications likely to affect road or transport operation and/or planning on roads for which the strategic highways company is the highway authority.]
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
[F15Passenger FocusAll proposed applications likely to affect rail passenger transportAll applications likely to affect rail passenger transport]
[F16The 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.
[F17The Office of Rail Regulation and approved operators M4All proposed applications likely to affect the rail transport industryAll applications likely to affect the rail transport industry]
[F18The Gas and Electricity Markets AuthorityAll proposed applications likely to affect gas and electricity marketsAll applications likely to affect gas and electricity markets]
[F19The 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]
[F20The 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]
[F21The 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 M5All proposed applications likely to affect navigation in tidal watersAll applications likely to affect navigation in tidal waters
[F22Public 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 [F23and likely to affect significantly public health]All applications likely to involve chemicals, poisons or radiation which could potentially cause harm to people [F23and likely to affect significantly public health]
[F24The 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 [F25in England or Scotland]All applications likely to affect the protection or expansion of forests and woodlands [F25in England or Scotland]
[F26The 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]
[F27The relevant local health board All proposed applications likely to affect land in WalesAll applications likely to affect land in Wales]
[F27The National Health Service Trusts All proposed applications likely to affect land in WalesAll applications likely to affect land in Wales]
[F28The 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

M4For the definition of “approved operators” see section 25 of the Planning Act 2008.

M5The Corporation of Trinity House of Deptford Strond.

[F29Note] [F29Notes] to Table

[F30(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 [F31or has responsibility for an area which neighbours that location].

[F32(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 [F33Secretary of State] of a payment by way of a fee is a reference to the [F33Secretary 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 [F33Secretary 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 [F33Secretary of State] the fee specified in sub-paragraph (3) must be paid to the [F33Secretary of State].

(2) If the applicant fails to pay the fee, the [F33Secretary of State] need not consider the application until payment is received by the [F33Secretary of State].

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

Textual Amendments

Pre-examination feeE+W+S

3.—(1) [F34The [F33Secretary of State]] [F34In cases where the Secretary of State decides that it is necessary to appoint an Examining body, the Secretary of State] must charge the applicant a pre-examination fee.

(2) Following a decision under regulation 22, the [F33Secretary 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 [F33appointed person] will handle the application, £8,500;

(b)where two or three [F33appointed person]s will handle the application, £25,500;

(c)where more than three [F33appointed person]s will handle the application, £38,500.

(4) The pre-examination fee must be received by the [F33Secretary 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 [F33Secretary of State] need take no further steps in relation to the application until payment has been received by the [F33Secretary of State].

Textual Amendments

F34Words in Sch. 2 para. 3(1) 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), 7(1) (with reg. 8)

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

4.—(1) [F35The [F33Secretary of State]] [F35Where applicable, the Secretary 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

F35Words in Sch. 2 para. 4(1) 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), 7(2) (with reg. 8)

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

5.—(1) Following the preliminary meeting under regulation 28, the [F33Secretary 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 [F33appointed person], or 2 or more [F33appointed person]s, and in the latter case, the number of [F33appointed 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 [F33Secretary 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 [F33appointed person], £615 for each estimated relevant day;

(b)

where the examination is to be handled by 2 or 3 [F33appointed person]s, £1,340 for each estimated relevant day;

(c)

where the examination is to be handled by more than 3 [F33appointed person]s, £2,040 for each estimated relevant day.

(3) The initial payment must be received by the [F33Secretary 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 [F33Secretary of State] need take no further steps in relation to the application until payment has been received by the [F33Secretary 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 [F33Secretary 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 [F33appointed person] has examined the application, £1,230 for each relevant day;

(b)where two or three [F33appointed person]s have examined the application, £2,680 for each relevant day;

(c)where more than three [F33appointed 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 [F33Secretary of State] examined the application.

(4) The final payment must be received by the [F33Secretary 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 [F33Secretary of State] need take no further steps in relation to the application until payment has been received by the [F33Secretary 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 [F33Secretary of State] may charge a fee in respect of the venue costs.

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

(a)where the [F33Secretary of State] causes a hearing to be held, the costs reasonably incurred by the [F33Secretary of State] in respect of that hearing; or

(b)where the [F33Secretary of State] makes arrangements for a hearing to be held but it does not take place, the costs reasonably incurred by the [F33Secretary of State] in respect of those arrangements.

(3) The [F33Secretary of State] must notify the applicant of the amount of the fee.

(4) The fee must be received by the [F33Secretary 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 [F33Secretary of State] need take no further steps in relation to the application until payment has been received by the [F33Secretary of State].

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

Textual Amendments

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