The Infrastructure Planning (Publication and Notification of Applications etc.) (Coronavirus) (Amendment) Regulations 2020

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (“the 2009 Regulations”), the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 (“the 2011 Regulations”), the Infrastructure Planning (Compulsory Acquisition) Regulations 2010 (“the 2010 Regulations”) and the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (“the 2017 Regulations”) to remove the requirements to make documentation available for inspection at places including at least one address in the vicinity of the proposed development (or land, or additional land, as appropriate) during the period from 22 July 2020 to 31 December 2020, when it may be difficult to do so due to the effect of coronavirus, including restrictions on movement and the closure of public buildings.

Regulation 2 amends regulations 4, 8 and 9 of the 2009 Regulations so that the documents associated with proposed and accepted applications for development consent can be made available on the applicant's website (or on a website maintained by or on behalf of the Secretary of State, as appropriate) instead of copies being made available for inspection at places including in the vicinity of the proposed development.

Regulation 3 amends regulations 6, 14, 19, 20, 55 and 56 of the 2011 Regulations so that the documents associated with applications for non-material changes to a development consent order (“DCO”) and proposed and actual applications to make a material change to, or revocation of, a DCO, and exceptional amendments to DCOs, can be made available on the applicant's website (or on a website maintained by or on behalf of the Secretary of State, as appropriate), instead of copies being made available for inspection at places including in the vicinity of the proposed development (or land, as appropriate).

Regulation 4 amends regulations 7 and 8 of the 2010 Regulations so that proposals to include the compulsory purchase of additional land in a DCO can be made available on a website maintained by or on behalf of the Secretary of State, instead of copies being made available for inspection at places including in the vicinity of the additional land.

Regulation 5 amends regulations 19, 20, 22, 24 and 27 of the 2017 Regulations so that where, in relation to a DCO, a screening opinion may not have taken account of all relevant information, an environmental statement may be inadequate, a subsequent application for development requiring an environmental impact assessment (“EIA”) is made, or a subsequent application not complying with EIA requirements is made, the environmental statement (and, where appropriate, supporting documents) can be made available on a website maintained on behalf of the Secretary of State (or, where appropriate, on behalf of the relevant authority), instead of copies being made available for inspection at places including in the vicinity of the proposed development.

Regulation 6 sets out transitional provisions. If, when the amendments in these Regulations come into force, an applicant (or the Secretary of State as appropriate) has already complied in part with a provision listed in regulation 6(3) for the purpose of a particular application, provision or order, that provision shall continue to apply without these amendments for the purpose of that application, provision or order (or, in the case of section 56(2) of the Planning Act 2008, regulation 8 of the 2009 Regulations shall continue to apply without these amendments). If an applicant (or the Secretary of State as appropriate) complies in part with a provision listed in regulation 6(3) for the purpose of a particular application, provision or order whilst the amendments in these Regulations have effect, that provision shall continue to apply with these amendments for the purpose of that application, provision or order (or, in the case of section 56(2) of the Planning Act 2008, regulation 8 of the 2009 Regulations shall continue to apply with these amendments).

These Regulations were notified to the European Commission in accordance with Article 2 of Directive 2014/52/EU OJ No. L 124, 25.4.2014, p. 1, and in line with the EU Withdrawal Agreement between the EU and the UK.

An impact assessment has not been produced for this instrument as this is a temporary, emergency measure and no significant impact on business, charities, voluntary bodies and the public sector is foreseen.