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

JurisdictionEngland & Wales
CitationSI 2011/2055

2011 No. 2055

Infrastructure Planning

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

Made 18th August 2011

Laid before Parliament 24th August 2011

Coming into force 1st October 2011

The Secretary of State, in exercise of the powers conferred by sections 4 and 127(7) of, and paragraphs 2, 4, and 6 of Schedule 6 to, the Planning Act 20081, makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Infrastructure Planning (Changes to, and Revocation of Development Consent Orders) Regulations 2011 and shall come into force on 1st October 2011.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“affected person” means a person whose name has been given to the appropriate authority in a notice under regulation 21;

“AONB Conservation Board” means a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000 (establishment of conservation boards)2;

“application” means an application for—

(a) a change to a development consent order under paragraph 2(1) of Schedule 6 to the Act (non-material changes); or

(b) an order to change or revoke a development consent order under paragraph 3(1) of Schedule 6 to the 2008 Act,

and “applicant” shall be construed accordingly;

“appropriate authority” means—

(a) in a case where a Panel or the Council made the order granting development consent to which a proposed application or an application relates, the Commission;

(b) in a case where the Secretary of State made the order to which a proposed application or an application relates, the Secretary of State;

“EIA development” has the same meaning as given by regulation 2(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 20093;

“electronic transmission” means a communication transmitted—

(a) by means of an electronic communications network; or

(b) by other means but in electronic form;

“Examining body” means—

(a) where the Commission is the appropriate authority, the single Commissioner or the Commissioners appointed in accordance with regulation 22;

(b) where the Secretary of State is the appropriate authority, the Secretary of State or any person appointed by the Secretary of State to examine an application on their behalf;

“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;

“interested party” means—

(a) the applicant;

(b) each statutory party;

(c) each relevant local authority;

(d) the Greater London Authority if the land is in Greater London;

(e) the Marine Management Organisation if the land is in one or more of the areas specified in subsection (1A) of section 102; and

(f) each person who has made a relevant representation;

“the land” means the land to which a proposed application or an application relates, or any part of that land;

“local resilience forum” has the same meaning as in regulation 4 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 20057;

“Marine Management Organisation” has the same means as in section 1 of the Marine and Coastal Access Act 20098;

“police authority” means an authority established under section 3 of the Police Act 1996 (establishment of police authorities)9;

“proposed application” means an application which a person proposes to make for an order under paragraph 3(1) of Schedule 6 to the Act;

“regional development agency” means a regional development agency established under section 1 of the Regional Development Agencies Act 1998 (establishment)10;

“relevant local authority “ means each local authority within the meaning given by section 102(5) (interpretation of Chapter 4: “interested party” and other expressions) subject to the modification that “the land” means the land to which a proposed application or application relates;

“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);

“relevant representation” means a representation which—

(a) is about an application;

(b) is made to the appropriate authority;

(c) is received by the appropriate authority not later than the relevant deadline specified under these Regulations; and

(d) does not contain material—

(i) about compensation for compulsory acquisition of land or of an interest in or right over land;

(ii) about the merits of policy set out in a national policy statement; or

(iii) that is vexatious or frivolous;

“Renewable Energy Zone” means zones designated under section 84 of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production)11;

“representation” includes evidence, and reference to the making of a representation includes the giving of evidence;

“statement of common ground” means a written statement prepared jointly by the applicant and any interested party, which contains agreed factual information about the application;

“Strategic Health Authority” means an authority established under section 13 of the National Health Service Act 2006 (strategic health authorities)12;

“statutory undertaker” has the same meaning as in section 127 (statutory undertakers’ land);

the Act” means the Planning Act 2008; and

“written representation” means the full particulars of the case which a person puts forward in respect of an application and includes any supporting evidence or documents.

(2) Any reference in these Regulations to a section solely by number is a reference to a section so numbered in the Act.

1 Application for a change, which is not material, to a development consent order

PART 1

Application for a change, which is not material, to a development consent order

S-3 General

General

3. The regulations in this Part apply in relation to an application for a change, which is not material, to a development consent order under paragraph 2(1) of Schedule 6 to the Act.

S-4 Application

Application

4.—(1) The application must be made to the Commission.

(2) The application must be in writing and must contain the following—

(a)

(a) the name and address of the applicant;

(b)

(b) the name and address of an agent, if appointed;

(c)

(c) the Commission’s reference for the development consent order to which the application relates;

(d)

(d) details of the change being applied for;

(e)

(e) any documents and plans considered necessary to support the application;

(f)

(f) a statement that the applicant is either—

(i) the person who applied for the development consent order to which the application relates or a successor in title;

(ii) a person with an interest in the land to which the development consent order relates; or

(iii) any other person for whose benefit the development consent order has effect13;

(g)

(g) details of the applicant’s interest in the land; and

(h)

(h) if requested by the Commission, 3 paper copies of the application and other supporting documents and plans.

(3) Unless the Commission specifies otherwise, any plans, drawings or sections provided shall be no larger than A0 size, shall be drawn to an identified scale (not smaller than 1:2500) and, in the case of plans, shall show the direction of North.

(4) Where a plan comprises 3 or more separate sheets a key plan must be provided showing the relationship between the different sheets.

S-5 Fee for application

Fee for application

5.—(1) The Commission must charge the applicant the fee in respect of an application.

(2) At the same time that an application is made to the Commission as appropriate authority the part of the fee specified in paragraph (5)(a) below must be paid to the Commission.

(3) The applicant must pay the part of the fee specified in paragraph (5)(b) below on the date specified by the Commission.

(4) If the applicant fails to pay either part of fee on the due date, the Commission need not consider the application until payment is received by the Commission.

(5) In this regulation, “the fee” means the sum of the following—

(a)

(a) £6,891; and

(b)

(b) the costs incurred by the Commission in publicising the application in accordance with regulation 6.

S-6 Publicising the application

Publicising the application

6.—(1) The appropriate authority must publish a notice of the application, which must include the matters prescribed by paragraph (2)—

(a)

(a) for at least two successive weeks in one or more local newspapers circulating in the vicinity in which the land is situated; and

(b)

(b) in any other publication the appropriate authority considers necessary in order to ensure that notice of the application is given in the vicinity of the land.

(2) The matters which the notice must include are—

(a)

(a) the name and address of the applicant;

(b)

(b) a statement that the applicant has made an application to the appropriate authority for a change, which is not material, to be made to a development consent order;

(c)

(c) a summary of the main elements of the application;

(d)

(d) a statement that any documents, plans and maps showing the nature and location of the land, which were submitted with the application, are available for inspection on the appropriate authority website or can be obtained from the appropriate authority at the times set out in the notice;

(e)

(e) a statement as to whether a charge will be made for copies of any of the documents and, if so, the amount of any charge;

(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...

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