The Infrastructure Planning (Examination Procedure) Rules 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/103 |
2010 No. 103
Tribunals And Inquiries
Infrastructure Planning
The Infrastructure Planning (Examination Procedure) Rules 2010
Made 21th January 2010
Laid before Parliament 1st February 2010
Coming into force 1st March 2010
The Lord Chancellor, in exercise of the powers conferred by sections 88(6), 90(3), and 97 of, and paragraphs 3 and 4 of Schedule 3 to, the Planning Act 20081, and after consultation with the Administrative Justice and Tribunals Council, makes the following Rules:
Citation, commencement and application
1.—(1) These Rules may be cited as the Infrastructure Planning (Examination Procedure) Rules 2010 and shall come into force on 1st March 2010.
(2) Subject to paragraphs (3) to (5), these Rules apply to the examination of an application and specified matters by an Examining authority.
(3) These Rules do not apply if the development to which the application relates (or part of the development) is the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line—
(a)
(a) one end of which is in England or Wales, and
(b)
(b) the other end of which is in Scotland.
(4) Parts 1 and 2 of the Schedule to these Rules apply where the Secretary of State has received a request for a direction to be given.
(5) Parts 1 and 3 of the Schedule to these Rules apply instead of rules 3 to 23 to the examination of closed evidence where the Secretary of State has made a direction.
Interpretation
2.—(1) In these Rules, unless otherwise defined in Part 1 of the Schedule to these Rules—
“the 2008 Act” means the Planning Act 2008;
“accepted application” means an application that has been accepted under section 55 (acceptance of applications);
“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);
“application” means an application for development consent under section 37 (application for orders granting development consent) and includes—
(a) part of an application;
(b) any accompanying documents and further representations made by the applicant; and
(c) any amendments made to the application;
“assessor” means a person appointed by the chair to the Commission to assist and advise the Examining authority in its examination of an application;
“closed evidence” means any representation which is subject to a direction;
“Commissioner” means a person appointed by the Secretary of State as a Commissioner2;
“compulsory acquisition hearing” means a hearing held in accordance with 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;
“decision-maker”, in relation to an application for an order granting development consent—
(a) where the Council or the Secretary of State has the function of deciding the application, means the Council or (as the case may be) the Secretary of State;
(b) in any other case, means the Panel that has the function of deciding the application;
“direction” means a direction given by the Secretary of State under paragraph 2(6) of Schedule 3;
“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 under section 65 (appointment of members, and lead member, of Panel) or section 79 (appointment of single Commissioner), and may include 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 an application following a direction under section 112(1) (power of Secretary of State to intervene), and may include any person appointed by the Secretary of State to act on the Secretary of State’s behalf;
“hearing” means an open-floor hearing, issue-specific hearing or compulsory acquisition hearing;
“interested party”, in relation to an application, means a person who is an interested party for the purposes of Chapter 4 of Part 63;
“issue-specific hearing” means a hearing held in accordance with section 91 (hearings about specific issues);
“national policy statement” means a statement designated under section 5(1) (national policy statements);
“open-floor hearing” means a hearing held in accordance with 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;
“preliminary meeting” means the meeting which the Examining authority is required to hold under section 88 (initial assessment of issues, and preliminary meeting);
“procedural decision”, in relation to an application, means a decision about how the application is to be examined;
“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 the 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);
“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; 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 Rules to a section, Part or Schedule by number is a reference to a section or Part of, or a Schedule to, so numbered in the 2008 Act.
Relevant representations, etc.
3.—(1) An interested party must ensure that their relevant representation is received by the Commission by whichever is the later of—
(a)
(a) the deadline notified under section 56(4) (notifying persons of accepted applications) or
(b)
(b) the deadline for receipt of representations included in the notice published in accordance with section 56(8).
(2) Any interested party who submits a written comment on any relevant representation must ensure that it is received by the Commission by whichever is the later of—
(a)
(a) the date on which the preliminary meeting is held; or
(b)
(b) the date specified in the timetable referred to in rule 8.
(3) The Commission may require in writing any person who has submitted a relevant representation or written comment to provide—
(a)
(a) a specified number of additional copies of the representation or comment; and
(b)
(b) such further information about the matters contained in the representation or comment as the Commission may specify,
and may specify the date by which the copies or information must be received by it.
(4) Any person required to provide additional copies or further information must ensure that the additional copies or further information have been received by the Commission by the date specified.
(5) As soon as practicable after receipt of any relevant representations, written comments on relevant representations or further information requested under paragraph (4)(b) the Commission must make the representations, comments or information available in accordance with rule 21.
Notice of appointment of a Panel or a single Commissioner
4.—(1) Where the Examining authority is a Panel or a single Commissioner, the chair must, before the preliminary meeting, notify all those who in accordance with section 56(2) (notifying persons of accepted applications) have been notified of an accepted application, that the Examining authority has been appointed and give details of who has been appointed.
(2) Where—
(a)
(a) a single Commissioner has been appointed as the Examining authority in relation to an application; and
(b)
(b) the chair subsequently decides that the Examining authority should be a Panel,
the chair must notify all those who were notified in accordance with paragraph (1), and any other interested party, of the chair’s decision.
(3) The chair must notify all those who were notified in accordance with paragraph (1), and any other interested party, of—
(a)
(a) any change in the membership of the Panel or appointment of any replacement single Commissioner in accordance with section 82 (appointment of replacement single Commissioner); and
(b)
(b) any direction given by the Secretary of State under section 112(1).
Initial assessment of issues
5. The Examining authority shall make its initial assessment under section 88(1) (initial assessment of issues, and preliminary meeting) within the period of 21 days that begins with the day after the day notified under section 56 (notifying persons of accepted application) as the deadline for the receipt of representations.
Notice of preliminary and other meetings
6.—(1) The Examining authority must give at least 21 days’ notice of the date, time and place of the meeting required by section 88(2) (in these Rules, “the preliminary meeting”), to all those whom it is required by section 88(3) to invite to the preliminary meeting, and to any other person it chooses to invite.
(2) The Examining authority must, at the same time as giving notice of the preliminary meeting, notify all those invited to it of the matters to be discussed at the preliminary meeting.
(3) Where the Examining authority holds any...
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