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

Making the decision

47.—(1) In deciding an application the appropriate authority must have regard to--

(a) any national policy statement which has effect in relation to development of the description authorised by the development consent order the subject of the application, (a “relevant national policy statement”);

(b) the appropriate marine policy documents (if any), determined in accordance with section 59 of the Marine and Coastal Access Act 2009;

(c) any matters prescribed in relation to development of the description authorised by the development consent order the subject of the application; and

(d) any other matters which the appropriate authority thinks are both important and relevant to its decision.

(2) The appropriate authority must decide the application in accordance with any relevant national policy statement, except to the extent that one or more of paragraphs (3) to (7) applies.

(3) This paragraph applies if the appropriate authority is satisfied that deciding the application in accordance with any relevant national policy statement would lead to the United Kingdom being in breach of any of its international obligations.

(4) This paragraph applies if the appropriate authority is satisfied that deciding the application in accordance with any relevant national policy statement would lead to the appropriate authority being in breach of any duty imposed on it by or under any enactment.

(5) This paragraph applies if the appropriate authority is satisfied that deciding the application in accordance with any relevant national policy statement would be unlawful by virtue of any enactment.

(6) This paragraph applies if the appropriate authority is satisfied that the adverse impact of the proposed development would outweigh its benefits.

(7) This paragraph applies if the appropriate authority is satisfied that any condition prescribed for deciding an application otherwise than in accordance with a national policy statement is met.

(8) The Infrastructure Planning (Decisions) Regulations 2010(1) shall apply in relation to the decision of the appropriate authority, subject to the following modifications—

(a) each reference to “an application” shall be deemed to be a reference to an application as defined in regulation 9(2);

(b) for “decision-maker” substitute “appropriate authority” in each place where the words occur;

(c) for “order granting development consent” substitute “order” in each place where the words occur; and

(d) in regulation 7, for “Panel or Council” substitute “appropriate authority.

(9) In deciding an application the appropriate authority may disregard representations if the appropriate authority considers that the representations—

(a) do not relate to the application;

(b) are vexatious or frivolous;

(c) relate to the merits of policy set out in a national policy statement;

(d) relate to compensation for compulsory acquisition of land or of an interest in or right over land; or

(e) relate to the compensation payable as a consequence of an order being made.

(10) The appropriate authority may disregard any representations which are received—

(a) after the date specified for their receipt by the appropriate authority; or

(b) in a manner other than that specified in a procedural decision under regulation 29, or otherwise, by the appropriate authority.

(1)

S.I. 2010/305.