The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

Transitional matters

12.—(1) An application made before 1st October 2011 shall be deemed to have met the requirements of section 55(3)(e) if the Commission is satisfied that before making the application the applicant has, on or after 1st October 2007 but before 1st October 2009—

(a) commenced consultation with the persons set out in section 42 (including those persons listed in the table in Schedule 1 in the circumstances set out in column 2) about the proposed application;

(b) commenced consultation with people living in the vicinity of the land about the proposed application, having first consulted the local authority about how to conduct the consultation; and

(c) publicised the proposed application in a manner which, had regulation 4 been in force at the date of such publication, would have substantially fulfilled the requirements of that regulation.

(2) If paragraph (1) has been complied with, the applicant must submit with the application a report—

(a) detailing the consultation carried out under paragraph (1)(b); and

(b) demonstrating how any relevant responses to the consultation have been taken into account when deciding the terms of the application.

(3) Any applicant relying on the provisions in this regulation shall notify the Commission of the proposed application before any application is submitted.

(4) (a) In this regulation—

“the land” means the land to which the proposed application relates or any part of the land; and

“relevant response” means—

(i)

a response from a person consulted under paragraphs (1)(a) and (b) that is received by the applicant before any applicable deadline; and

(ii)

any response to publicity under paragraph (1)(c) that is received by the applicant before any applicable deadline.

(b)

the applicable deadline must be no less than 28 days following the last date that a proposed application was published.