Infrastructure Planning
The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
Made1st September 2009
Laid before Parliament8th September 2009
Coming into force1st 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:
1 Citation and commencement¶
These Regulations may be cited as the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 and shall come into force on 1st October 2009.2 Interpretation¶
-
“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–
-
waters in or adjacent to England up to the seaward limits of the territorial sea;
-
an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;
-
a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;
-
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.
3 Prescribed consultees¶
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.4 Publicising a proposed application¶
5 Applications for orders granting development consent¶
6 Matters prescribed in relation to applications for specific types of projects¶
7 Meaning of “book of reference” in these Regulations¶
-
“land” includes any interest in or right over land;
-
“protective works” in relation to a building means–
-
underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the carrying out, maintenance or use of the authorised development and authorised works; and
-
any works the purpose of which is to remedy any damage which has been caused to the building by the carrying out, maintenance or use of the authorised development and authorised works; and
-
-
“relevant plan” includes the land plan (containing the replacement land and special category land).
8 Notice of accepted application¶
9 Publicising an accepted application¶
10 Certifying compliance with section 56 of the Act¶
11 Advice¶
12 Transitional matters¶
-
“the land” means the land to which the proposed application relates or any part of the land; and
-
“relevant response” means—
-
a response from a person consulted under paragraphs (1)(a) and (b) that is received by the applicant before any applicable deadline; and
-
any response to publicity under paragraph (1)(c) that is received by the applicant before any applicable deadline.
-
the applicable deadline must be no less than 28 days following the last date that a proposed application was published.
-
SCHEDULES
SCHEDULE 1 ¶
Regulations 3 and 8(1)
| 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. |
|---|---|---|
Note to Table
| ||
| The Welsh Ministers | All proposed applications likely to affect land in Wales | All applications likely to affect land in Wales |
| The Scottish Executive | 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 relevant Regional Planning Body | All proposed applications likely to affect land in England and Wales | All applications likely to affect land in England and Wales |
| The Health and Safety Executive | All cases | All cases |
| The relevant Strategic Health Authority | All proposed applications likely to affect land in England and Wales | All applications likely to affect land in England |
| The relevant Health Board18 | All proposed applications likely to affect land in Scotland | All applications likely to affect land in Scotland |
| Natural England19 | All proposed applications likely to affect land in England | All applications likely to affect land in England |
| The Historic Buildings and Monuments Commission for England | All proposed applications likely to affect land in England | All applications likely to affect land in England |
| The relevant fire and rescue authority | All cases | All cases |
| The relevant police authority | All cases | All cases |
| The relevant parish council, or, where the application relates to land Wales or Scotland the relevant community council | All cases | All cases |
| The Environment Agency | All proposed applications likely to affect land in England and/or Wales | All applications likely to affect land in England and/or Wales |
| The Scottish Environment Protection Agency | All proposal applications likely to affect land in Scotland | All applications likely to affect land in Scotland |
| The Commission for Architecture and the Built Environment | All proposed applications likely to affect land in England | All applications likely to affect land in England |
| The relevant Regional Development Agency | All cases | All cases |
| The Equality and Human Rights Commission | All proposed applications likely to affect land in England and Wales | All applications likely to affect land in England and Wales |
| The Scottish Human Rights Commission | All proposed applications likely to affect land in Scotland | All applications likely to affect land in Scotland |
| The Commission for Sustainable Development | All cases | All cases |
| 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. |
| Royal Commission on Ancient and Historical Monuments of Wales | All proposed applications likely to affect the historic environment in Wales | All proposed applications likely to affect the historic environment in Wales |
| The Countryside Council for Wales | All proposed applications likely to affect land in Wales | All applications likely to affect land in Wales |
| The Homes and Communities Agency20 | All proposed applications likely to have an effect on its areas of responsibility | All applications likely to have an effect on its areas of responsibility |
| The Joint Nature Conservation Committee | All proposed applications likely to affect the marine environment | All applications likely to affect the marine environment. |
| The Commission for Rural Communities | All proposed applications likely to affect rural communities in England | All applications likely to affect rural communities in England |
| Scottish Natural Heritage | All proposed applications likely to affect land in Scotland | All applications likely to affect land in Scotland |
| 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 Marine and Fisheries Agency | All proposed applications likely to affect the marine area in England and Wales | Where the proposal would involve carrying on any activity in the marine area in England and Wales |
| The Scottish Fisheries Protection Agency | All proposed applications likely to affect the fisheries industry in Scotland | All applications likely to affect the fisheries industry of Scotland |
| 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 |
| The Highways Agency | 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 |
| 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 |
| 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 Rail Passengers Council | All proposed applications likely to affect rail passenger transport | All applications likely to affect rail passenger transport |
| The Disabled Persons Transport Advisory Committee | All proposed applications likely to affect access to transport for disabled people | All applications likely to affect access to transport for disabled people |
| 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 Office of Rail Regulation and approved operators21 | All proposed applications likely to affect the rail transport industry | All applications likely to affect the rail transport industry |
| The Gas and Electricity Markets Authority | All proposed applications likely to affect gas and electricity markets | All applications likely to affect gas and electricity markets |
| The Water Services Regulation Authority | All proposed applications likely to affect the water industry in England and Wales | All applications likely to affect the water industry in England and Wales |
| The Water Industry Commission of Scotland | All proposed applications likely to affect the water industry in Scotland | All proposed applications likely to affect the water industry in Scotland |
| The relevant waste regulation authority | All proposed applications likely to affect waste infrastructure | All applications likely to affect waste infrastructure |
| 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 know to be an area of flood risk |
| The British Waterways Board | All proposed applications likely to have an impact on inland waterways or land adjacent to inland waterways | All applications likely to have an impact on inland waterways or land adjacent to inland waterways |
| Trinity House22 | All proposed applications likely to affect navigation in tidal waters | All applications likely to affect navigation in tidal waters |
| The Health Protection Agency | All proposed applications likely to involve chemicals, poisons or radiation which could potentially cause harm to people | All applications likely to involve chemicals, poisons or radiation which could potentially cause harm to people |
| The relevant local resilience forum | All cases | All cases |
| 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 Crown Estate Commissioners | All proposed applications likely to impact on the Crown Estate | All applications likely to impact on the Crown Estate |
| The Forestry Commission | All proposed applications likely to affect the protection or expansion of forests and woodlands | All applications likely to affect the protection or expansion of forests and woodlands |
SCHEDULE 2 ¶
APPLICATION FORM
Regulation 5 and 6
SCHEDULE 3 ¶
Regulation 10(2)(a)
CERTIFICATE UNDER REGULATION 10¶
Certifying compliance with section 56 of the Act.
SCHEDULE 4 ¶
Regulation 10(2)(b)
Notice under section 59
Footnotes
- 1
2008 c.29. See section 235 for the meaning of “prescribed”.
- 2
2000 c.37. Section 86 was amended by the Planning and Compulsory Purchase Act 2004, sections 118(2), 120, Sch 7, para 23(a) and (b), Sch 9 and by the Natural Environment and Rural Communities Act 2006, section 105(1), Sch 11, Pt 1, para 164(c).
- 3
S.I. 2009/2263
- 4
2004 c.21. Section 1 was amended by the Civil Contingencies Act 2004, section 31(1), Sch 2, Pt 1, para 10(1),(2).
- 5
2008 c.26.
- 6
1991 c.59.
- 7
S.I. 2005/ 2042.
- 8
1964 c.29. Sub-section 1(7) was amended by the Oil and Gas (Enterprise) Act 1982, section 37, Sch 3, para 1.
- 9
1996 c.16.
- 10
1998 c.45.
- 11
2004 c.5.
- 12
2004 c.20.
- 13
2006 c.41.
- 14
See S.I. 2009/2265
- 15
1990 c.43. Section 79(1) is amended by section 2 of the Noise and Statutory Nuisance Act 1993 (c.40; sections 107 and 120 of, and Schedules 17 and 22 to, the Environment Act 1995 (c.25); section 101 of the Clean Neighbourhoods and Environment Act 2005 (c.16); and, in respect of Scotland, sections 109, 110 and 112 of the Public Health etc (Scotland) Act 2008 (asp.5).
- 16
S.I. 1994/2716. Regulation 48 was amended by S.I. 2007/1843 in respect of England and Wales and by S.S.I. 2007/80 in respect of Scotland.
- 17
See section 77 of the Countryside and Rights of Way Act 2000 c.37 for the definition of Ramsar site.
- 18
See section 2 of the National Health Service (Scotland) Act 1978 (c.29)
- 19
See section 1 of the Natural Environment and Rural Communities Act 2006 (c.16).
- 20
See section 2 of the Housing and Regeneration Act 2008 (c.17)
- 21
For the definition of “approved operators” see section 25 of the Planning Act 2008.
- 22
The Corporation of Trinity House of Deptford Strond.