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

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PART 3E+W+SChanges to, and revocation of, orders granting development consent under paragraphs 3(1), 3(3)F1... and 3(7) of Schedule 6 to the Act

Textual Amendments

GeneralE+W+S

54.  The regulations in this Part apply where the [F2Secretary of State] proposes to make an order under paragraph 3(1) in the circumstances described in paragraphs 3(3)F3... or 3(7) of Schedule 6 to the 2008 Act.

Textual Amendments

NoticeE+W+S

55.—(1) Before making an order the [F2Secretary of State] must give notice of its intention to consider making such an order to—

(a)each person for whose benefit the development consent has effect;

(b)each authority which, in relation to the application, is a relevant local authority;

(c)the Greater London Authority if the land is in Greater London;

(d)the Marine Management Organisation if the land is in one or more of the areas specified in subsection (1A) of section 102;

(e)each person who is within one or more of the categories set out in section 57 as regards the land;

F4(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the persons listed in column 1 of the table in Schedule 1 to these Regulations, in the circumstances specified in relation to each such person in column 3 of that table, subject to the modification that each reference to the “application” shall be deemed to be a reference to the “proposed order” .

(2) The notice must include—

(a)a copy of the proposed order;

(b)any documents or plans considered necessary to support the proposed order;

(c)a statement saying whether the proposed order involves EIA development;

(d)a statement that—

(i)the [F2Secretary of State] is satisfied as to the matters described in paragraph 3(3) of Schedule 6 to the Act; [F5or]

F6(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)the Secretary of State is satisfied as to the matters described in paragraph 3(7) of Schedule 6 to the Act;

(e)a statement that a copy of the proposed order and any accompanying documents and plans are available for inspection free of charge at the places (including at least one address in the vicinity of the land) and times set out in the notice;

(f)the latest date on which those documents will be available for inspection being a date not earlier than the end of the period of 28 days that begins with the day after the day on which the person receives the notice;

(g)a statement as to whether a charge will be made for copies of any of the documents and if so the amount of any charge;

(h)details of how to make representations (giving notice of any interest in, or objection to, the proposed order); and

(i)a deadline for the receipt by the [F2Secretary of State] of those representations being not less than 28 days following the date on which the person receives the notice.

Textual Amendments

Publicising a proposed orderE+W+S

56.—(1) The [F2Secretary of State] must publish a notice, which must include the matters specified in paragraph (2), in the same manner as is prescribed in relation to a proposed application by regulation 14.

(2) The matters which the notice must include are—

(a)the name and address of the [F2Secretary of State];

(b)a statement to the effect that the [F2Secretary of State] is considering making the proposed order;

(c)the reference of the [F2Secretary of State];

(d)a summary of the main proposals in the proposed order;

(e)a statement saying whether the proposed order involves EIA development;

(f)a statement that a copy of the proposed order and any accompanying documents, plans and maps are available for inspection free of charge at the places (including at least one address in the vicinity of the land) and times set out in the notice;

(g)the latest date on which those documents will be available for inspection (being a date not earlier than the deadline date under sub-paragraph (j));

(h)a statement as to whether a charge will be made for copies of any of the documents and if so the amount of any charge;

(i)details of how to make representations (giving notice of any interest in, or objection, to the application); and

(j)a deadline for the receipt by the [F2Secretary of State] of those representations being not less than 28 days following the date that the notice is last published.

Textual Amendments

[F7Coronavirus: temporary modifications to this PartE+W+S

56A.—(1) Paragraphs (2) and (3) apply during the period beginning with 22nd July 2020 and ending with 31st December 2020.

(2) Regulation 55 (notice) has effect as if—

(a)in paragraph (2)(e), for “at the places (including at least one address in the vicinity of the land) and times set out in the notice” there were substituted “on a website maintained by or on behalf of the Secretary of State”;

(b)before paragraph (2)(f) there were inserted—

“(ea)the address of the website where the proposed order and any accompanying documents and plans may be inspected;

(eb)the place on the website where the proposed order and any accompanying documents and plans may be inspected;

(ec)a telephone number which can be used to contact the Secretary of State or a representative of the Secretary of State for enquiries in relation to the proposed order and any accompanying documents and plans;”

(c)in paragraph (2)(f), after “available for inspection” there were inserted “on the website”.

(3) Regulation 56 (publicising a proposed order) has effect as if—

(a)in paragraph (2)(f), for “at the places (including at least one address in the vicinity of the land) and times set out in the notice” there were substituted “on a website maintained by or on behalf of the Secretary of State”;

(b)before paragraph (2)(g) there were inserted—

“(fa)the address of the website where the proposed order and any accompanying documents, plans and maps may be inspected;

(fb)the place on the website where the proposed order and any accompanying documents, plans and maps may be inspected;

(fc)a telephone number which can be used to contact the Secretary of State or a representative of the Secretary of State for enquiries in relation to the proposed order and any accompanying documents, plans and maps;”

(c)in paragraph (2)(g), after “available for inspection” there were inserted “on the website”.]

Textual Amendments

Notification of decisionsE+W+S

57.  The [F2Secretary of State] must give written notice of its decision to each person who it is required by regulation 58 to provide a copy of the statement of its reasons for its decision.

Textual Amendments

Statement of reasonsE+W+S

58.—(1) The [F2Secretary of State] must prepare a written statement of its reasons for deciding to make an order under paragraph 3(1) of Schedule 6 to the Act or for refusing to make an order.

(2) The [F2Secretary of State] must provide a copy of the statement to the following—

(a)the applicant;

(b)each person who has the benefit of the development consent order to which the application relates;

(c)any statutory party;

(d)each relevant local authority;

(e)the Greater London Authority if the land is in Greater London;

(f)the Marine Management Organisation if the land is in one or more of the areas specified in subsection (1A) of section 102;

(g)anyone who has made a relevant representation; and

F8(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The [F2Secretary of State] must publish the statement in such manner as the [F2Secretary of State] thinks appropriate.

Textual Amendments

Effect of decisionE+W+S

59.—(1) Subject to paragraph (2), if a change, which is material, is made to a development consent order under the power conferred by paragraph 3(1) of Schedule 6 to the Act—

(a)the development consent order continues in force; and

(b)the change to the development consent order takes effect from the date on which the notice of the [F2Secretary of State]'s decision is notified under regulation 57, or if the change to the order is required to be made by order contained in a statutory instrument, the date specified in the order making the change.

(2) If under the power conferred by paragraph 3(1) of Schedule 6 to the Act a development consent order is revoked, the revocation shall take effect from—

(a)from the date specified in the order making the revocation; or

(b)where there is no date specified, the date on which the order making the revocation is made.

Textual Amendments

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