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The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011
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- UK Statutory Instruments
- 2011 No. 2055
- PART 2
- Regulation 16
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Changes and effects yet to be applied to Regulation 16:
- Regulations words substituted by S.I. 2022/634 Sch. para. 1(1)(3)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- blanket amendment words substituted by S.I. 2023/1071 Sch. para. 1
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 6(2)(da)-(dc) inserted by S.I. 2020/1534 reg. 3(2)(b)
- reg. 14(2)(ea)-(ec) inserted by S.I. 2020/1534 reg. 3(4)(b)
- reg. 19(2)(ga)-(gc) inserted by S.I. 2020/1534 reg. 3(5)(b)
- reg. 20(2)(fa)-(fc) inserted by S.I. 2020/1534 reg. 3(6)(b)
- reg. 55(2)(ea)-(ec) inserted by S.I. 2020/1534 reg. 3(8)(b)
- reg. 56(2)(fa)-(fc) inserted by S.I. 2020/1534 reg. 3(9)(b)
Applications – generalE+W+S
This section has no associated Explanatory Memorandum
16.—(1) The application must be made to the [F1Secretary of State].
(2) The application must be made in writing and must contain the following—
(a)the name and address of the applicant;
(b)the name and address of an agent, if appointed;
(c)the [F1Secretary of State]'s reference for the development consent order to which the application relates;
(d)details of the land and the change being applied for;
(e)an explanatory memorandum explaining the purpose and effect of the application;
(f)a statement that the applicant is either—
(i)the person who applied for the development consent order to which the application relates or their successor in title;
(ii)a person with an interest in the land to which the development consent order relates; or
(iii)any other person for whose benefit the development consent order has effect;
(g)details of the applicant's interest in the land;
(h)where the applicant is a local planning authority, evidence of the matters specified in paragraph 3(5)(a), (b) and (c) of Schedule 6 to the Act;
(i)a statement which—
(i)identifies the extent to which the information submitted with the initial application for an order granting development consent in accordance with regulations 5 and 6 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 M1 is correct and relevant to the application; and
(ii)where necessary updates the parts of this information that relate to the application;
(j)any documents and plans considered necessary to support the application;
(k)a statement as to whether the application involves EIA development;
(l)a consultation report;
(m)a statement that the applicant has, in relation to a proposed application that has become an application, complied with regulations 10 to 15;
(n)unless the [F1Secretary of State] specifies otherwise, any plans, drawings or sections provided shall be no larger than A0 size, shall be drawn to an identified scale [F2(not smaller than 1:2500)] and, in the case of plans, shall show the direction of North;
(o)where a plan comprises 3 or more separate sheets a key plan must be provided showing the relationship between the different sheets; and
(p)if requested by the [F1Secretary of State], 3 paper copies of the application and other supporting plans and documents.
[F3(2A) Subject to paragraph (2B), unless the Secretary of State specifies otherwise any plans, drawings or sections required to be provided under paragraph (2) shall be provided at a scale not smaller than 1:2500.
(2B) Paragraph (2A) does not apply to a plan or to a sheet of a plan where the matters shown or identified on the plan or sheet are entirely in the UK marine area.]
(3) The applicant shall make available, at the request of the [F1Secretary of State], all responses to the consultation carried out in accordance with regulations 10 to 14.
(4) In this regulation—
“consultation report” means a report giving details of—
(a)
what has been done in compliance with regulations 10 to 14 in relation to a proposed application that has become the application,
(b)
any relevant responses, and
(c)
the account taken of any relevant responses; [F4and]
“relevant response” has the meaning given by regulation 15[F5.] [F5; and]
[F6“UK marine area” has the same meaning as in section 42 of the Marine and Coastal Access Act 2009.]
Textual Amendments
F1Words in Regulations substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(2)
F2Words in reg. 16(2)(n) omitted (14.7.2015 for E.W., with application in Scotland for specified purposes, see 2008 c. 29, s. 240(4)) by virtue of The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (S.I. 2015/760), regs. 1(1), 5(5)(a) (with reg. 8)
F3Reg. 16(2A)(2B) inserted (14.7.2015 for E.W., with application in Scotland for specified purposes, see 2008 c. 29, s. 240(4)) by The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (S.I. 2015/760), regs. 1(1), 5(5)(b) (with reg. 8)
F4Word in reg. 16(4) omitted (14.7.2015 for E.W. (with application in Scotland for specified purposes, see 2008 c. 29, s. 240(4)) by virtue of The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (S.I. 2015/760), regs. 1(1), 5(5)(c)(i) (with reg. 8)
F5Word in reg. 16(4) substituted (14.7.2015 for E.W., with application in Scotland for specified purposes, see 2008 c. 29, s. 240(4)) by The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (S.I. 2015/760), regs. 1(1), 5(5)(c)(ii) (with reg. 8)
F6Words in reg. 16(4) inserted (14.7.2015 for E.W., with application in Scotland for specified purposes, see 2008 c. 29, s. 240(4)) by The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (S.I. 2015/760), regs. 1(1), 5(5)(c)(iii) (with reg. 8)
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