LegalizeThe Infrastructure Planning (Miscellaneous Provisions) Regulations 2024
Made: 6th March 2024
Laid before Parliament: 8th March 2024
Coming into force: 30th April 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 42(1)(a), 51(3), 56(2)(a), 102(4)(b) and (d) and 232(3) of the Planning Act 2008[^f00001].
Citation, commencement, extent and interpretation
1
- (1) These Regulations may be cited as the Infrastructure Planning (Miscellaneous Provisions) Regulations 2024 and come into force on 30th April 2024.
- (2) Any amendment made by these Regulations has the same extent as the provision amended.
- (3) In these Regulations—
- “the Act” means the Planning Act 2008;
- “the 2009 Regulations” means the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009[^f00002];
- “the 2015 Regulations” means the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015[^f00003].
Amendment of the 2009 Regulations
2
- (1) The 2009 Regulations are amended in accordance with paragraphs (2) and (3).
- (2) In regulation 11 (advice), omit paragraph (3).
- (3) For the Table in Schedule 1 substitute the Table in the Schedule to these Regulations.
Amendment to the 2015 Regulations
3
In regulation 4(2)(b) of the 2015 Regulations—
- (a) omit “an outline of”, and
- (b) after “submissions” insert “, and where practicable, the full particulars of the case”.
Transitional provisions
4
- (1) The amendments in regulation 2 do not apply to any proposed application for an order granting development consent where the applicant has started to consult under section 42 of the Act before 30th April 2024.
- (2) The amendments in regulation 3 do not apply to any application for an order granting development consent under section 37 of the Act made before 30th April 2024.
SCHEDULE — Table to be substituted for the Table in Schedule 1 to the 2009 Regulations
Table
| Column 1; Consultee | Column 2; Circumstances when that person must be consulted about a proposed application | Column 3; Circumstances when that person must be notified about an application |
|---|---|---|
| Government | Government | Government |
| The Welsh Ministers (Welsh Government) | All proposed applications likely to affect land in Wales | All applications likely to affect land in Wales |
| The Scottish Executive (Scottish Government) | All proposed applications likely to affect land in Scotland | All applications likely to affect land in Scotland |
| The relevant Northern Ireland Department | All proposed applications likely to affect land in Northern Ireland | All applications likely to affect land in Northern Ireland |
| The Secretary of State for Defence | All proposed applications likely to affect the current or future operation of a site identified in a safeguarding map and all developments in the marine area | All applications likely to affect current or future operation of a site identified in a safeguarding map and all developments in the marine area |
| The relevant parish council, or, where the application relates to land in Wales or Scotland the relevant community council | All proposed applications | All applications |
| Environment | Environment | Environment |
| The Environment Agency | All proposed applications likely to affect land in England | All applications likely to affect land in England |
| The Scottish Environment Protection Agency | All proposed applications likely to affect land in Scotland | All applications likely to affect land in Scotland |
| Natural Resources Wales | All proposed applications likely to affect land in Wales | All applications likely to affect land in Wales |
| Natural England | All proposed applications likely to affect land in England | All applications likely to affect land in England |
| Scottish Natural Heritage (known as NatureScot) | All proposed applications likely to affect land in Scotland | All applications likely to affect land in Scotland |
| The Forestry Commission | All proposed applications likely to affect the protection or expansion of forests and woodlands in England | All applications likely to affect the protection or expansion of forests and woodlands in England |
| Relevant AONB Conservation Boards | All proposed applications likely to affect an AONB that is managed by a Conservation Board | All applications likely to affect an AONB that is managed by a Conservation Board |
| Historic Buildings and Monuments Commission for England (known as Historic England) | All proposed applications likely to affect land in England | All applications likely to affect land in England |
| Royal Commission on Ancient and Historical Monuments of Wales | All proposed applications likely to affect the historic environment in Wales | All applications likely to affect the historic environment in Wales |
| The Joint Nature Conservation Committee | All proposed applications likely to affect the marine environment | All applications likely to affect the marine environment |
| The Maritime and Coastguard Agency | All proposed applications likely to affect the maritime or coastal environment, or the shipping industry | All applications likely to affect the maritime or coastal environment, or the shipping industry |
| The relevant Internal Drainage Board | All 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 risk | All 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 risk |
| The Canal & River Trust | All proposed applications likely to have an impact on inland waterways or land adjacent to inland waterways in England and Wales | All applications likely to have an impact on inland waterways or land adjacent to inland waterways in England and Wales |
| The British Waterways Board (known as Scottish Canals) | All proposed applications likely to have an impact on inland waterways or land adjacent to inland waterways in Scotland | All applications likely to have an impact on inland waterways or land adjacent to inland waterways in Scotland |
| Trinity House | All proposed applications likely to affect navigation in tidal waters | All applications likely to affect navigation in tidal waters |
| Transport | Transport | Transport |
| The relevant Highways Authority | All proposed applications likely to have an impact on the road network or the volume of traffic in the vicinity of the proposal | All applications likely to have an impact on the road network or the volume of traffic in the vicinity of the proposal |
| The 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 PTE | All applications likely to affect transport within, to or from the relevant integrated transport area of the ITA or PTE |
| Transport for London | All proposed applications likely to affect transport within, to or from Greater London | All applications likely to affect transport within, to or from Greater London |
| The Civil Aviation Authority | All proposed applications relating to airports, or which are likely to affect an airport or its current or future operation | All applications relating to airports or which are likely to affect an airport or its current or future operation |
| Health | Health | Health |
| The Health and Safety Executive | All proposed applications | All applications |
| The United Kingdom Health Security Agency, an executive agency of the Department of Health and Social Care | All proposed applications likely to involve chemicals, poisons or radiation which could potentially cause harm to people and are likely to affect significantly public health | All applications likely to involve chemicals, poisons or radiation which could potentially cause harm to people and likely to affect significantly public health |
| NHS England | All proposed applications likely to affect land in England and Wales | All applications likely to affect land in England and Wales |
| The National Health Service Trusts (Wales) | All proposed applications likely to affect land in Wales | All applications likely to affect land in Wales |
| The relevant Health Board (Scotland) | All proposed applications likely to affect land in Scotland | All applications likely to affect land in Scotland |
| The relevant local health board (Wales) | All proposed applications likely to affect land in Wales | All applications likely to affect land in Wales |
| Other | Other | Other |
| Relevant statutory undertakers | All proposed applications likely to affect their functions as statutory undertakers | All applications likely to affect their functions as statutory undertakers |
| The Coal Authority | All proposed applications that lie within areas of past, present, or future coal mining | All applications that lie within areas of past, present or future coal mining |
| The Crown Estate Commissioners | All proposed applications likely to impact on the Crown Estate | All applications likely to impact on the Crown Estate |
| The relevant police authority | All proposed applications | All applications |
| The relevant ambulance service | All proposed applications | All applications |
| The relevant fire and rescue authority | All proposed applications | All applications |
| A person who manages any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies | All applications likely to impact on the property, rights and interests managed by the person to which section 90B(5) of the Scotland Act 1998 applies | All applications likely to impact on the property, rights and interests managed by the person to which section 90B(5) of the Scotland Act 1998 applies |
| Notes to Table (a) “relevant”, in relation to a body (except a Northern Ireland Department), shall mean the body which has responsibility for the location where the proposals may or will be sitedor has responsibility for an area which neighbours that location. (b) “safeguarding map” has the meaning given in a direction made by the Secretary of State in exercise of the powers conferred by articles 18(4), 31(1), 34(8) and 45 of the Town and Country Planning (Development Management Procedure) (England) Order 2015. | Notes to Table (a) “relevant”, in relation to a body (except a Northern Ireland Department), shall mean the body which has responsibility for the location where the proposals may or will be sitedor has responsibility for an area which neighbours that location. (b) “safeguarding map” has the meaning given in a direction made by the Secretary of State in exercise of the powers conferred by articles 18(4), 31(1), 34(8) and 45 of the Town and Country Planning (Development Management Procedure) (England) Order 2015. | Notes to Table (a) “relevant”, in relation to a body (except a Northern Ireland Department), shall mean the body which has responsibility for the location where the proposals may or will be sitedor has responsibility for an area which neighbours that location. (b) “safeguarding map” has the meaning given in a direction made by the Secretary of State in exercise of the powers conferred by articles 18(4), 31(1), 34(8) and 45 of the Town and Country Planning (Development Management Procedure) (England) Order 2015. |
Signed
Signed by authority of the Secretary of State for Levelling Up, Housing and Communities
Lee Rowley — Minister of State — Department for Levelling Up, Housing and Communities — 6th March 2024
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
The Planning Act 2008 (c. 29) (“the Act”) provides for the granting of development consent for certain types of nationally significant infrastructure projects.
These regulations amend the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (“the 2009 Regulations”) and the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 (“the 2015 Regulations”).
Regulation 2(2) amends the 2009 Regulations to remove the provision prohibiting an appointed person who has been involved in giving advice under section 51 of the Act from being appointed to a Panel, or as a single appointed person responsible for examining the relevant application.
Regulation 2(3) amends the 2009 Regulations by substituting the table in Schedule 1 of the 2009 for a new table of persons prescribed for the purposes of sections 42(1)(a) (duty to consult) and 56(2) (notifying persons of accepted applications) of the Act.
Regulation 3 amends the 2015 Regulations by extending the requirement relating to the relevant representation registration form so that it must include the principal submissions which the person proposes to make in respect of the application and, where practicable, the full particulars of the case.
Regulation 4 contains transitional provisions. It provides that the amendments in Regulation 2 do not apply where the applicant has started to consult under section 42 of the Act, and the amendments to Regulation 3 do not apply to any applications made under section 37 of the Act, before 30th April 2024.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
Footnotes
[^f00001]: 2008 c. 29. Sections 42, 56 and 102 were amended by section 23 of the Marine and Coastal Access Act 2009 (c. 23). Sections 51, 56 and 102 were amended by Schedule 13 to the Localism Act 2011 (c. 20). There are other amendments not relevant to this instrument.
[^f00002]: S.I. 2009/2264 as amended by S.I. 2012/635. There are other amendments not relevant to this instrument.
[^f00003]: S.I. 2015/462.
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.