The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010

Citation commencement and interpretation

1.—(1) These Regulations may be cited as the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 and shall come into force on 1st March 2010.

(2) In these Regulations “the Act” means the Planning Act 2008.

Prescription of consent requirements which may be removed by orders

2.—(1) The consents and authorisations listed in Part 1 of the Schedule are prescribed for the purposes of section 150(1) (removal of consent requirements) of the Act in respect of England and Wales.

(2) The consents and authorisations listed in Part 2 of the Schedule are prescribed for the purposes of section 150(1) of the Act in respect of Wales only.

Duration of order granting development consent

3.—(1) Development for which development consent is granted must be begun before the end of a period of five years beginning on the date on which the order granting development consent is made.

(2) Where an order granting development consent authorises the compulsory acquisition of land, and a notice to treat is served under section 5 of the Compulsory Purchase Act 1965(1) or in Scotland under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845(2), that notice must be served before the end of a period of five years beginning on the date on which the order granting development consent is made.

Exclusion from definition of “material operation”

4.  The measuring or marking out of a proposed road shall not be included within the meaning of “material operation” for the purposes of section 155 (when development begins) of the Act.

Application of the Public Health Act 1936 to notices of unauthorised development, etc, England and Wales

5.—(1) The provisions of sections 276 (power of local authority to sell certain materials), 289 (power to require occupier to permit work to be executed by owner) and 294 (limitation of liability of certain owners) of the Public Health Act 1936(3), shall apply in England and Wales in relation to steps required to be taken by a notice of unauthorised development(4), as if—

(a) references to a local authority were references to the local planning authority who issued the notice of unauthorised development;

(b) references (in whatever form) to the execution of works under the Public Health Act 1936 were references to the taking of steps required to be taken under the notice of unauthorised development;

(c) references in section 289 to the occupier were references to a person having an interest in the premises other than the owner; and

(d) reference in section 294 to “expenses under this Act” were a reference to expenses incurred in the taking of such steps as aforesaid.

(2) The expenses recoverable by a local planning authority under section 170(1) of the Act are, until recovered, a charge that is binding on successive owners of the land to which the notice of unauthorised development related and the charge shall take effect as from the date of the completion by the local planning authority of the steps required to be taken by the notice of unauthorised development.

Execution and cost of certain works in Scotland

6.  The provisions of section 135(5) to (9) of the Town and Country Planning (Scotland) Act 1997(5) shall apply in Scotland in relation to steps required to be taken by a notice of unauthorised development, as if—

(a) references to an enforcement notice and to steps or work required by an enforcement notice were references to the notice of unauthorised development and to the taking of steps required to be taken under the notice of unauthorised development; and

(b) references to expenses under section 135(7) to (9) were references to expenses recoverable under section 170(1) of the Planning Act 2008.

Signed by authority of the Secretary of State for Communities and Local Government

Ian Austin

Parliamentary Under Secretary of State

Department for Communities and Local Government

25th January 2010