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

Made: 20th July 2020

Laid before Parliament: 21st July 2020

Coming into force: 22nd July 2020

The Secretary of State, having been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the environment, in exercise of the powers conferred by section 2(2) of that Act and sections 48(1), 56(3) and (7), 114(2), 123(4), 232(3) and 235(1) of, and paragraphs 2(8) and 4(4) of Schedule 6 to, the Planning Act 2008 , makes the following Regulations.

PART 1

Citation and commencement

1

These Regulations may be cited as the Infrastructure Planning (Publication and Notification of Applications etc.) (Coronavirus) (Amendment) Regulations 2020 and come into force on 22nd July 2020.

PART 2 — Amendments to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

Amendments to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

2

• (1) The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 are amended as follows.

• (2) After regulation 9 (publicising an accepted application) insert—

(9A) (1) Paragraphs (2) to (4) apply during the period beginning with 22nd July 2020 and ending with 31st December 2020. (2) Regulation 4 (publicising a proposed application) has effect as if— (a) in paragraph (3)(e), for “at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice” there were substituted “ on a website maintained by or on behalf of the applicant ”; (b) before paragraph (3)(f) there were inserted— (ea) the address of the website where the documents, plans and maps may be inspected; (eb) the place on the website where the documents, plans and maps may be inspected; (ec) a telephone number which can be used to contact the applicant for enquiries in relation to the documents, plans and maps; (c) in paragraph (3)(f), after “available for inspection” there were inserted “ on the website ”. (3) Regulation 8 (notice of accepted application) has effect as if— (a) in paragraph (2)(g), for “at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice” there were substituted “ on a website maintained by or on behalf of the Secretary of State ”; (b) before paragraph (2)(h) there were inserted— (ga) the address of the website where the application form and its accompanying documents, plans and maps may be inspected; (gb) the place on the website where the application form and its accompanying documents, plans and maps may be inspected; (gc) a telephone number which can be used to contact the applicant for enquiries in relation to the application form and its accompanying documents, plans and maps; (c) in paragraph (2)(h), after “available for inspection” there were inserted “ on the website ”. (4) Regulation 9 (publicising an accepted application) has effect as if— (a) in paragraph (4)(f)— (i) after “available for inspection” there were inserted “ free of charge on a website maintained by or on behalf of the Secretary of State ”; and (ii) paragraph 4(f)(i) and (ii) were omitted; (b) before paragraph (4)(g) there were inserted— (fa) the address of the website where the application form and its accompanying documents may be inspected; (fb) the place on the website where the application form and its accompanying documents, plans and maps may be inspected; (fc) a telephone number which can be used to contact the applicant for enquiries in relation to the application form and its accompanying documents, plans and maps; (c) in paragraph (2)(g), after “available for inspection” there were inserted “ on the website ”.

PART 3 — Amendments to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011

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

3

• (1) The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 are amended as follows.

• (2) After regulation 6 (publicising the application) insert—

(6A) (1) — Paragraph (2) applies during the period beginning with 22nd July 2020 and ending with 31st December 2020. (2) Regulation 6 (publicising the application) has effect as if— (a) in paragraph (2)(d), for “on a website and also, free of charge, at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice” there were substituted “ free of charge on a website maintained by or on behalf of the Secretary of State ”; (b) before paragraph (2)(e) there were inserted— (da) the address of the website where the documents, plans and maps may be inspected; (db) the place on the website where the documents, plans and maps may be inspected; (dc) a telephone number which can be used to contact the applicant for enquiries in relation to the documents, plans and maps; (c) in paragraph (2)(f), after “available for inspection” there were inserted “ on the website ”.

• (3) After regulation 20 (publicising an application) insert—

(20A) (1) — Paragraphs (2) to (4) apply during the period beginning with 22nd July 2020 and ending with 31st December 2020. (2) Regulation 14 (publicising a proposed application) has effect as if— (a) in paragraph (2)(e), for “at the places (including at least 1 address in the vicinity of the proposed development) and the times set out in the notice” there were substituted “ on a website maintained by or on behalf of the applicant ”; (b) before paragraph (2)(f) there were inserted— (ea) the address of the website where the documents, plans and maps may be inspected; (eb) the place on the website where the documents, plans and maps may be inspected; (ec) a telephone number which can be used to contact the applicant for enquiries in relation to the documents, plans and maps; (c) in paragraph (2)(f), after “available for inspection” there were inserted “ on the website ”. (3) Regulation 19 (notice of an application) has effect as if— (a) in paragraph (2)(g), for “at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice” there were substituted “ on a website maintained by or on behalf of the Secretary of State ”; (b) before paragraph (2)(h) there were inserted— (ga) the address of the website where the application and its accompanying documents, plans and maps may be inspected; (gb) the place on the website where the application and its accompanying documents, plans and maps may be inspected; (gc) a telephone number which can be used to contact the applicant for enquiries in relation to the application and its accompanying documents, plans and maps; (c) in paragraph (2)(h), after “available for inspection” there were inserted “ on the website ”. (4) Regulation 20 (publicising an application) has effect as if— (a) in paragraph (2)(f), for “at the places (including at least one address in the vicinity of the land) and times set out in the notice” there were substituted “ on a website maintained by or on behalf of the Secretary of State ”; (b) before paragraph (2)(g) there were inserted— (fa) the address of the website where the application and its accompanying documents, plans and maps may be inspected; (fb) the place on the website where the application and its accompanying documents, plans and maps may be inspected; (fc) a telephone number which can be used to contact the applicant for enquiries in relation to the application and its accompanying documents, plans and maps; (c) in paragraph (2)(g), after “available for inspection” there were inserted “ on the website ”.

• (4) After regulation 56 (publicising a proposed order) insert—

(56A) (1) Paragraphs (2) and (3) apply during the period beginning with 22nd July 2020 and ending with 31st December 2020. (2) Regulation 55 (notice) has effect as if— (a) in paragraph (2)(e), for “at the places (including at least one address in the vicinity of the land) and times set out in the notice” there were substituted “ on a website maintained by or on behalf of the Secretary of State ”; (b) before paragraph (2)(f) there were inserted— (ea) the address of the website where the proposed order and any accompanying documents and plans may be inspected; (eb) the place on the website where the proposed order and any accompanying documents and plans may be inspected; (ec) a telephone number which can be used to contact the Secretary of State or a representative of the Secretary of State for enquiries in relation to the proposed order and any accompanying documents and plans; (c) in paragraph (2)(f), after “available for inspection” there were inserted “ on the website ”. (3) Regulation 56 (publicising a proposed order) has effect as if— (a) in paragraph (2)(f), for “at the places (including at least one address in the vicinity of the land) and times set out in the notice” there were substituted “ on a website maintained by or on behalf of the Secretary of State ”; (b) before paragraph (2)(g) there were inserted— (fa) the address of the website where the proposed order and any accompanying documents, plans and maps may be inspected; (fb) the place on the website where the proposed order and any accompanying documents, plans and maps may be inspected; (fc) a telephone number which can be used to contact the Secretary of State or a representative of the Secretary of State for enquiries in relation to the proposed order and any accompanying documents, plans and maps; (c) in paragraph (2)(g), after “available for inspection” there were inserted “ on the website ”.

PART 4 — Amendments to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010

Amendments to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010

4

• (1) The Infrastructure Planning (Compulsory Acquisition) Regulations 2010 are amended as follows.

• (2) After regulation 8 (duty to publicise proposed provision) insert—

(8A) (1) Paragraphs (2) and (3) apply during the period beginning with 22nd July 2020 and ending with 31st December 2020. (2) Regulation 7 (notice of proposed provision) has effect as if— (a) in paragraph (2)(h), for “at the places (including at least one address in the vicinity of the additional land) and the times set out in the notice” there were substituted “ on a website maintained by or on behalf of the Secretary of State ”; (b) before paragraph (2)(i) there were inserted— (ha) the address of the website where the proposed provision, the map, the revised draft order and any information submitted with the proposed provision may be inspected; (hb) the place on the website where the proposed provision, the map, the revised draft order and any information submitted with the proposed provision may be inspected; (hc) a telephone number which can be used to contact the applicant for enquiries in relation to the proposed provision, the map, the revised draft order and any information submitted with the proposed provision; (c) in paragraph (2)(i), after “available for inspection” there were inserted “ on the website ”. (3) Regulation 8 (duty to publicise proposed provision) has effect as if— (a) in paragraph (2)(f), for “at the places (including at least one address in the vicinity of the additional land) and the times set out in the notice” there were substituted “ on a website maintained by or on behalf of the Secretary of State ”; (b) before paragraph (2)(g) there were inserted— (fa) the address of the website where the proposed provision, the map, the revised draft order and any information submitted with the proposed provision may be inspected; (fb) the place on the website where the proposed provision, the map, the revised draft order and any information submitted with the proposed provision may be inspected; (fc) a telephone number which can be used to contact the applicant for enquiries in relation to the proposed provision, the map, the revised draft order and any information submitted with the proposed provision; (c) in paragraph (2)(g), after “available for inspection” there were inserted “ on the website ”.

PART 5 — Amendments to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

Amendments to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

5

• (1) The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 are amended as follows.

• (2) After regulation 27 (availability of copies of environmental statements) insert—

(27A) (1) Paragraphs (2) to (6) apply during the period beginning with 22nd July 2020 and ending with 31st December 2020. (2) Regulation 19 (accepted application-effect of a screening opinion not taking account of all relevant information) has effect as if— (a) paragraph (6)(b)(vi)(aa) were omitted; (b) before paragraph (6)(b)(vii) there were inserted— (via) the address of the website where the environmental statement may be inspected; (vib) the place on the website where the environmental statement may be inspected; (vic) a telephone number which can be used to contact the applicant for enquiries in relation to the environmental statement; (c) in paragraph (6)(b)(vii), after “available for inspection” there were inserted “ on the website ”. (3) Regulation 20 (accepted application-effect of environmental statement being inadequate) has effect as if— (a) paragraph (3)(b)(vi)(aa) were omitted; (b) before paragraph (3)(b)(vii) there were inserted— (via) the address of the website where the environmental statement and the further information and any other information may be inspected; (vib) the place on the website where the environmental statement and the further information and any other information may be inspected; (vic) a telephone number which can be used to contact the applicant for enquiries in relation to the environmental statement and the further information and any other information; (c) in paragraph (3)(b)(vii), after “available for inspection” there were inserted “ on the website ”. (4) Regulation 22 (subsequent application for EIA development) has effect as if— (a) paragraph (3)(a)(vi)(aa) were omitted; (b) before paragraph (3)(a)(vii) there were inserted— (via) the address of the website where the environmental statement and supporting documents may be inspected; (vib) the place on the website where the environmental statement and supporting documents may be inspected; (vic) a telephone number which can be used to contact the applicant for enquiries in relation to the environmental statement and supporting documents; (c) in paragraph (3)(a)(vii), after “available for inspection” there were inserted “ on the website ”. (5) Regulation 24 (subsequent application not complying with EIA requirements) has effect as if— (a) paragraph (3)(b)(vi)(aa) were omitted; (b) before paragraph (3)(b)(vii) there were inserted— (via) the address of the website where the updated environmental statement and supporting documents may be inspected; (vib) the place on the website where the updated environmental statement and supporting documents may be inspected; (vic) a telephone number which can be used to contact the applicant for enquiries in relation to the updated environmental statement and supporting documents; (c) in paragraph (3)(b)(vii), after “available for inspection” there were inserted “ on the website ”. (6) Regulation 27 (availability of copies of environmental statements) has effect as if paragraph (1) were omitted.

PART 6 — Transitional provisions

Transitional provisions

6

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Signed

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Christopher Pincher — Minister of State — 2020-07-20

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 2008/301. See article 2 of that Order.

[^f00002]: The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c.1)). Section 2(2) of the European Communities Act 1972 was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

[^f00003]: 2008 c. 29. Section 56 was amended by section 138(2) and paragraph 14 of part 1 of Schedule 13 to the Localism Act 2011 (c. 20) and by section 23(5)(a) of the Marine and Coastal Access Act 2009 (c. 23). Sections 114 and 123 were amended by paragraphs 55(3) and 62 of part 1 of Schedule 13 to the Localism Act 2011 (c. 20). Paragraph 2(8) of Schedule 6 was amended by paragraph 72(3) of part 1 of Schedule 13 to the Localism Act 2011 (c.20) and by section 28(2)(a) of the Infrastructure Act 2015 (c.7). There are other amendments not relevant to this instrument.

[^f00004]: S.I. 2009/2264; relevant amending instruments are S.I. 2012/635, 2017/572.

[^f00005]: S.I. 2011/2055; relevant amending instruments are S.I. 2012/635, 2015/760.

[^f00006]: S.I. 2010/104, amended by S.I. 2012/635; there are other amending instruments but none is relevant.

[^f00007]: S.I. 2017/572, amended by S.I. 2018/695; there are other amending instruments but none is relevant.

[^f00008]: 2008 c. 29. Section 56 was amended by section 138(2) and paragraph 14 of part 1 of Schedule 13 to the Localism Act 2011 (c. 20) and by section 23(5)(a) of the Marine and Coastal Access Act 2009 (c. 23).

[^f00009]: S.I. 2009/2264; relevant amending instruments are S.I. 2012/635, 2017/572.

[^f00010]: S.I. 2010/104, amended by S.I. 2012/635; there are other amending instruments but none is relevant.

[^f00011]: S.I. 2011/2055; relevant amending instruments are S.I. 2012/635, 2015/760.

[^f00012]: S.I. 2017/572, amended by S.I. 2018/695; there are other amending instruments but none is relevant.

Editorial notes

[^c24240321]: S.I. 2008/301. See article 2 of that Order.

[^c24240331]: The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c.1)). Section 2(2) of the European Communities Act 1972 was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

[^c24240341]: 2008 c. 29. Section 56 was amended by section 138(2) and paragraph 14 of part 1 of Schedule 13 to the Localism Act 2011 (c. 20) and by section 23(5)(a) of the Marine and Coastal Access Act 2009 (c. 23). Sections 114 and 123 were amended by paragraphs 55(3) and 62 of part 1 of Schedule 13 to the Localism Act 2011 (c. 20). Paragraph 2(8) of Schedule 6 was amended by paragraph 72(3) of part 1 of Schedule 13 to the Localism Act 2011 (c.20) and by section 28(2)(a) of the Infrastructure Act 2015 (c.7). There are other amendments not relevant to this instrument.

[^c24240351]: S.I. 2009/2264; relevant amending instruments are S.I. 2012/635, 2017/572.

[^c24240361]: S.I. 2011/2055; relevant amending instruments are S.I. 2012/635, 2015/760.

[^c24240371]: S.I. 2010/104, amended by S.I. 2012/635; there are other amending instruments but none is relevant.

[^c24240381]: S.I. 2017/572, amended by S.I. 2018/695; there are other amending instruments but none is relevant.

[^key-82c3f4ca4880a8ac304d5e14776ae9e6]: Reg. 1 in force at 22.7.2020, see reg. 1

[^key-d2f4710d4bc99f090b6d9f48c7ece944]: Reg. 2 in force at 22.7.2020, see reg. 1

[^key-00e8b1e1bc0d65e6adf55abe1d580886]: Reg. 3 in force at 22.7.2020, see reg. 1

[^key-c559e037cef3b0ebf63b461103ec38a6]: Reg. 4 in force at 22.7.2020, see reg. 1

[^key-c0eb12d4e2d8cd16e6da781e330eb144]: Reg. 5 in force at 22.7.2020, see reg. 1

[^key-ae74e0fd4cc1f76c6e3390d0d6141f52]: Reg. 6 omitted (31.12.2020 immediately before 11 p.m.) by virtue of The Infrastructure Planning (Publication and Notification of Applications etc.) (Amendment) Regulations 2020 (S.I. 2020/1534), regs. 1, 6 (with reg. 7)