The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/2264 |
2009 No. 2264
Infrastructure Planning
The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
Made 1st September 2009
Laid before Parliament 8th September 2009
Coming into force 1st October 2009
The Secretary of State, in exercise of the powers conferred by sections 37, 42, 48, 51, 56, 58, 59 and 232 of the Planning Act 20081, makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 and shall come into force on 1st October 2009.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Planning Act 2008;
“AONB Conservation Boards” are established under section 86 of the Countryside and Rights of Way Act 2000 (establishment of conservation boards)2;
“applicant” means a person who either proposes to make an application for an order granting development consent or has made such an application;
“EIA development” and “environmental statement” have the same meaning as given by regulation 2(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 20093;
“fire and rescue authority” has the same meaning as in section 1 of the Fire and Rescue Services Act 2004 (fire and rescue authorities)4;
“Integrated Transport Authority” has the same meaning as in section 77 of the Local Transport Act 2008 (change of name of passenger transport authorities and PTAs)5;
“internal drainage board” has the same meaning as in section 1 of the Land Drainage Act 1991 (internal drainage districts and boards)6;
“land plan” is the plan produced in accordance with regulation 5(2)(i);
“local resilience forum” has the same meaning as in regulation 4 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 20057;
“marine area” means–
(a) waters in or adjacent to England up to the seaward limits of the territorial sea;
(b) an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;
(c) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;
(d) an area designated under section 1(7) of the Continental Shelf Act 19648, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish ministers have functions;
“police authority” means an authority established under section 3 of the Police Act 1996 (establishment of police authorities)9;
“preliminary environmental information” has the same meaning as given by regulation 2(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009;
“regional development agency” means a regional development agency established under section 1 of the Regional Development Agency Act 1998 (establishment)10;
“Regional Planning Body” means a body recognised by the Secretary of State under section 2 of the Planning and Compulsory Purchase Act 2004 (regional planning bodies)11;
“registration form” means such a form as may be prescribed from time to time for the purpose of making representations under section 102(4) (interpretation of Chapter 4: “interested party” and other expressions);
“relevant Northern Ireland Department” means the Northern Ireland Department responsible for the matter to which an application or proposed application relates (if more than one department is responsible, the reference is to all of them);
“Renewable Energy Zone” means zones designated under section 84 of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production)12;
“replacement land” means the land identified on a plan entitled “Replacement Land Plan” and forming part of the land plan;
“safety zones” means safety zones created under section 95 of the Energy Act 2004 (safety zones around renewable energy installations);
“special category land” means the land identified as forming part of a common, open space, National Trust land or fuel or field garden allotment and on the plan entitled “Special Category Land Plan” and forming part of the land plan;
“Strategic Health Authority” means an authority established under section 13 of the National Health Services Act 2006 (Strategic Health Authorities)13;
“statutory undertaker” has the same meaning as in section 127 (statutory undertakers land);
“the book of reference” has the meaning given by regulation 7.
(2) Any reference in these Regulations to a section, without more, is a reference to a section of the Act.
Prescribed consultees
3. The persons prescribed for the purposes of section 42(a) (duty to consult) are those listed in column 1 of the table in Schedule 1 to these Regulations, who must be consulted in the circumstances specified in relation to each such person in column 2 of that table.
Publicising a proposed application
4.—(1) This regulation prescribes for the purpose of section 48(1) (duty to publicise), the manner in which an applicant must publicise a proposed application.
(2) The applicant must publish a notice, which must include the matters prescribed by paragraph (3) of this regulation, of the proposed application—
(a)
(a) for at least two successive weeks in one or more local newspapers circulating in the vicinity in which the proposed development would be situated;
(b)
(b) once in a national newspaper;
(c)
(c) once in the London Gazette and, if land in Scotland is affected, the Edinburgh Gazette; and
(d)
(d) where the proposed application relates to offshore development—
(i) once in Lloyd’s List; and
(ii) once in an appropriate fishing trade journal.
(3) The matters which the notice must include are—
(a)
(a) the name and address of the applicant;
(b)
(b) a statement that the applicant intends to make an application for development consent to the Commission;
(c)
(c) a statement as to whether the application is EIA development;
(d)
(d) a summary of the main proposals, specifying the location or route of the proposed development;
(e)
(e) a statement that the documents, plans and maps showing the nature and location of the proposed development are available for inspection 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;
(f)
(f) the latest date on which those documents, plans and maps will be available for inspection (being a date not earlier than the deadline in sub-paragraph (i));
(g)
(g) whether a charge will be made for copies of any of the documents, plans or maps and the amount of any charge;
(h)
(h) details of how to respond to the publicity; and
(i)
(i) a deadline for receipt of those responses by the applicant, being not less than 28 days following the date when the notice is last published.
Applications for orders granting development consent
5.—(1) An application for an order granting development consent must be made in writing in the form set out in Schedule 2 to these Regulations, which is the form prescribed for the purpose under section 37(3)(b).
(2) The application must be accompanied by—
(a)
(a) where applicable, the environmental statement required pursuant to the Infrastructure Planning (Environmental Impact Assessment) Regulation 2009 and any scoping or screening opinions or directions;
(b)
(b) the draft proposed order;
(c)
(c) an explanatory memorandum explaining the purpose and effect of provisions in the draft order, including in particular any divergences from the model provisions14;
(d)
(d) where applicable, the book of reference;
(e)
(e) a copy of any flood risk assessment;
(f)
(f) a statement whether the proposal engages one or more of the matters set out in section 79(1) (statutory nuisances and inspections therefor) of the Environmental Protection Act 199015, and if so how the applicant proposes to mitigate or limit them;
(g)
(g) any report identifying any European site to which regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 199416applies, or any Ramsar site17, which may be affected by the proposed development, together with sufficient information that will enable the Commission to make an appropriate assessment of the implications for the site if required by regulation 48(1);
(h)
(h) if the proposed order would authorise the compulsory acquisition of land or an interest in land or right over land, a statement of reasons and a statement to indicate how an order that contains the authorisation of compulsory acquisition is proposed to be funded;
(i)
(i) a land plan identifying—
(i) the land required for, or affected by, the proposed development;
(ii) where applicable, any land over which it is proposed to exercise powers of compulsory acquisition or any right to use land;
(iii) any land in relation to which it is proposed to extinguish easements, servitudes and other private rights; and
(iv) where the land includes special category land and replacement land, that special category and replacement land;
(j)
(j) a works plan showing, in relation to existing features—
(i) the proposed location or (for a linear scheme) the proposed route and alignment of the development and works; and
(ii) the limits within which the development and works may be carried out and any limits of deviation provided for in the draft order;
(k)
(k) where applicable, a plan identifying any new or altered means of access, stopping up of streets or roads or any diversions, extinguishments or creation of rights of way or public rights of navigation;
(l)
(l) where applicable, a plan with accompanying information identifying—
(i) any statutory or non-statutory sites or features of nature conservation such as sites of geological or landscape importance;
(ii) habitats of protected species, important habitats or other...
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