The Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations consolidate with some amendments the provisions of the Infrastructure Planning (Interested Parties) Regulations 2010 (S.I. 2010/102) and the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 (S.I. 2010/105) and revoke the in whole or part, of the following instruments—

• The Infrastructure Planning (Interested Parties) Regulations 2010;

• The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010;

• The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012;

• The Local Policing Bodies (Consequential Amendments No 2) Regulations 2012;

• The Infrastructure Planning (Miscellaneous Prescribed Provisions) (Amendment) Regulations 2013;

• The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013; and

• The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order.

Regulation 3 and Schedule 1 specify who is a statutory party in an examination of a nationally significant project under the Planning Act 2008 c.29 (“the Act”).

Regulation 4 sets out what must be included in the registration form in order for a relevant representation to be made in relation to an application for an order granting development consent for a nationally significant infrastructure project. Such applications are made under section 37 of the Act.

Regulation 5 and Schedule 2 set out the requirements for consents or authorisations that cannot be dis-applied by a development consent order without the approval of the relevant consenting body.

Regulation 6 deals with matters relating to the duration of a development consent order.

Regulation 7 removes the activity of measuring or marking out a proposed road from the definition of “material operation” for the purposes of section 155 of the Act. (Section 155 states that a development is taken to begin on the earliest date on which a material operation begins to be carried out).

Regulation 8 applies provisions of the Public Health Act 1936 c.49 in relation to steps that might need to be taken in a case where there is a notice of unauthorised development.

Regulation 9 applies equivalent provisions for Scotland.

Transitional provision is made by regulation 10.

An Impact Assessment has been prepared in relation to Schedule 2 of these Regulations. It has been placed in the library of each House of Parliament and can be viewed at http://www.legislation.gov.uk. An Impact Assessment has not been prepared for the rest of these regulations as the consolidation and minor amendments do not have an additional impact on business, charities or the public sector beyond what was examined in the Impact Assessment that accompanied the Planning Bill when it was introduced in Parliament on 27th November 2007. That Impact Assessment can be found on the Communities and Local Government website (http://www.communities.gov.uk).