The Infrastructure Planning (Compulsory Acquisition) Regulations 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/104 |
2010 No. 104
Infrastructure Planning
The Infrastructure Planning (Compulsory Acquisition) Regulations 2010
Made 25th January 2010
Laid before Parliament 1st February 2010
Coming into force 1st March 2010
The Secretary of State, in exercise of the powers conferred by sections 114(2), 123(4), 127(7)(a), 131(10)(a), 132(10)(a) and 134(7) of the Planning Act 20081, makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Infrastructure Planning (Compulsory Acquisition) Regulations 2010 and shall come into force on 1st March 2010.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Planning Act 2008;
“additional affected person” means a person whose name is notified by the applicant in accordance with regulation 9(a) (certifying compliance with regulations 7 and 8 and notice of additional affected persons;
“additional interested party” means a person who has made a representation, in respect of the proposed provision, which meets the requirements in regulation 10 (relevant representation);
“additional land” means land which it is proposed shall be subject to compulsory acquisition and which was not identified in the book of reference submitted with the application as land;
“address” includes any number or address used for the purposes of electronic transmission:
“affected person” means a person whose name has been given to the Commission in a notice under section 59 (notice of persons interested in land to which compulsory acquisition request relates);
“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;
“applicant” means the person who has made the application;
“application” means the application for an order granting development consent to which the proposed provision relates;
“book of reference” means the book described in regulation 7 (meaning of “book of reference”) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009;
“closed evidence” means any representation which is subject to a direction under paragraph 2(6) of Schedule 3 to the Act;
“compulsory acquisition hearing” means a hearing held under section 92(3) (compulsory acquisition hearings);
“compulsory acquisition request” means a request for an order granting development consent to authorise compulsory acquisition of land or of an interest in or right over land;
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means but in electronic form;
“Examining authority” means—
(a) the Panel or single Commissioner appointed to examine the application or specified matters under section 65 (appointment of members, and lead member, of Panel) or section 79 (appointment of single Commissioner) and includes one or more members of the Panel allocated a function of the Panel in accordance with section 76 (allocation within Panel of Panel’s functions); or
(b) the Secretary of State where the Secretary of State has the function of examining the application following a direction under section 112(1) (power of the Secretary of State to intervene) and includes any person appointed by the Secretary of State to act on the Secretary of State’s 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)3;
“the Homes and Communities Agency” means the body established by section 1 of the Housing and Regeneration Act 2008 (establishment and constitution )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;
“interested party”, in relation to an application, means a person who is an interested party for the purposes of Chapter 4 of Part 6 of the Act6;
“internal drainage board” has the same meaning as in section 1 of the Land Drainage Act 1991 (internal drainage districts and boards)7;
“issue-specific hearing” means a hearing under section 91 (hearings about specific issues);
“land” has the same meaning as in section 159;
“local resilience forum” has the same meaning as in regulation 4 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 20058;
“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 19649, 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;
“Natural England” means the body established by section 1 of the Natural Environment and Rural Communities Act 2006 (constitution)10;
“open-floor hearing” means a hearing under section 93 (open-floor hearings);
“Panel” means the Panel appointed under section 65 (appointment of members, and lead member, of Panel) to handle the application;
“police authority” means an authority established under section 3 of the Police Act 1996 (establishment of police authorities)11;
“proposed provision” means a compulsory acquisition request in respect of additional land;
“Regional Development Agency” means a regional development agency established under section 1 of the Regional Development Agencies Act 1998 (establishment)12;
“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)13;
“registration form” means the form prescribed in the Infrastructure Planning (Interested Party) Regulations 201014;
“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” has the same meaning as in section 102(4) (interpretation of Chapter 4 of Part 6);
“Renewable Energy Zone” means zones designated under section 84 of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production)15;
“representation” includes evidence and references to the making of a representation include the giving of evidence;
“single Commissioner” means the Commissioner appointed under section 79 (appointment of single Commissioner) to handle the application;
“specified matters”, in relation to an application, means the matters specified in relation to that application in the Secretary of State’s direction under section 113(3)(a) (effect of intervention);
“Strategic Health Authority” means an authority established under section 13 of the National Health Services Act 2006 (strategic health authorities)16;
“statutory undertaker” has the same meaning as in section 127;
“Trinity House” means the Corporation of Trinity House of Deptford Strond; and
“written representation” means the full particulars of the case which a person puts forward in respect of an application or the proposed provision and includes any supporting evidence or documents.
(2) Any reference in these Regulations to a section by number is a reference to a section so numbered of the Act.
Prescribed forms in connection with authorisation of compulsory acquisition
3. The prescribed form in relation to a notice of a description mentioned below is—
(a) for a notice under section 127(7) (statutory undertakers’ land), Form A in Schedule 1 to these Regulations;
(b) for a notice under section 131(10)(a) or 132(10)(a) (commons open spaces etc, compulsory acquisition of land and rights over land) Form B in Schedule 1 to these Regulations; and
(c) for a notice under section 134(7) (notice of authorisation of compulsory acquisition), Form C in Schedule 1 to these Regulations.
Prescribed procedure for compulsory acquisition of additional land
4. Regulations 5 to 19 prescribe the procedure for the purposes of the condition in subsection (4) of section 123 (land to which authorisation of compulsory acquisition can relate) and apply where—
(a) it is proposed to include in an order granting development consent a provision authorising the compulsory acquisition of additional land; and
(b) a person with an interest in the additional land does not consent to the inclusion of the provision.
Proposed provision
5. The applicant must send to the Commission details of the proposed provision which must—
(a) be in the form of a book of reference or, where a book of reference has been submitted to the Commission, a supplement to that book;
(b) be accompanied by—
(i) a land plan identifying the land required as additional land, or affected by the proposed provision; and
(ii) a statement of reasons as to why the additional land is required and a statement to indicate how an order that contains the authorisation of the compulsory acquisition of the additional land is proposed to be funded.
Acceptance of proposed provision
6.—(1) The Commission must, by the end of the period of 28 days beginning with the day after the day on which it receives details of the proposed provision, decide whether or not to accept the proposed provision as part of the application.
(2) The Commission may only accept a proposed provision if the Commission is satisfied that it complies with the requirements of regulation 5.
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