2015 No. 462

Infrastructure Planning

The Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015

Made3rd March 2015

Laid before Parliament5th March 2015

Coming into force6th April 2015

The Secretary of State, in exercise of the powers conferred by sections 88(3A), 102(4), 150(1), 154(1) and (3), 155(2), 170(3) and (5) and 232(3) of the Planning Act 20081, makes the following Regulations:

Citation and commencement1.

These Regulations may be cited as the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 and come into force on 6th April 2015.

Interpretation2.

In these Regulations—

“the Act” means the Planning Act 2008;

“address” includes any number or address used for the purposes of electronic transmission;

“application” means an application for an order granting development consent under section 37 of the Act2;

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006 (effect of grant of application)3;

“electronic transmission” means a communication transmitted by—

(a)

means of an electronic communications network; or

(b)

other means but in electronic form;

“fire and rescue authority” has the same meaning as in section 1 of the Fire and Rescue Services Act 2004 (fire and rescue authorities)4;

“internal drainage board” has the same meaning as in section 1 of the Land Drainage Act 1991 (internal drainage districts and boards)5;

“local health board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (local health boards)6;

“local resilience forum” has the same meaning as in regulation 4 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 20057;

“marine area” means—

(a)

waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)

an exclusive economic zone8, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)

a Renewable Energy Zone9, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)

an area designated under section 1(7) of the Continental Shelf Act 1964 (exploration and exploitation of continental shelf)10, except any part of that area which is within part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions;

“police and crime commissioner” means a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011 (police and crime commissioners)11;

“registration form” means the form supplied by and obtained from the Secretary of State for the purpose of making a relevant representation and referred to in the notices and publicity given in accordance with regulations 8 and 9 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 200912;

“safeguarding map” has the meaning given in a direction made by the Secretary of State in exercise of the powers conferred by articles 16(4), 25(1), 29(6) and 39 of the Town and Country Planning (Development Management Procedure) (England) Order 201513.

Statutory parties3.

(1)

The persons specified as statutory parties for the purposes of section 88(3A) (initial assessment of issues, and preliminary meeting) of the Act are—

(a)

subject to paragraph (2), those listed in column 1 of the table in Schedule 1 in the circumstances described in the corresponding row of column 2; and

(b)

any affected person14.

(2)

The persons listed in column 1 of the table in Schedule 1 marked with an asterix (*) are not statutory parties in respect of projects in England.

Relevant representations4.

(1)

For the purposes of section 102(4) (b) (interpretation of Chapter 4: “interested party” and other expressions) of the Act a relevant representation must be in the form of a registration form.

(2)

The registration form must include—

(a)

the name, address and any telephone number of the person registering; and

(b)

an outline of the principal submissions which the person proposes to make in respect of the application.

Consent requirements which may be removed by orders5.

(1)

The consents and authorisations listed in column 2 of the table in Part 1 of Schedule 2, in relation to the enactment specified in the corresponding row of column 1 of that table, 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 column 2 of the table in Part 2 of Schedule 2, in relation to the enactment specified in the corresponding row of column 1 of that table, are prescribed for the purposes of section 150(1) (removal of consent requirements)of the Act in respect of Wales only.

Duration of order granting development consent6.

(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 196515 or in Scotland under section 17 of the Lands Clauses Consolidation (Scotland) Act 184516, 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”7.

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 Wales8.

(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 193617, apply in England and Wales in relation to steps required to be taken by a notice of unauthorised development18, as if—

(a)

references to a local authority were references to the local planning authority who issued the notice;

(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;

(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 taking the preceding steps under the notice.

(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 Scotland9.

The provisions of section 135(5) to (9) of the Town and Country Planning (Scotland) Act 199719 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) of the Town and Country Planning (Scotland) Act 1997 were references to expenses recoverable under section 170(1) of the Act.

Revocations, transitional provision and consequential amendment10.

(1)

Subject to paragraph (2), the statutory instruments listed in the first column of the table in Schedule 3 are revoked to the extent specified in the corresponding row of the third column of the table.

(2)

The statutory instruments listed in Schedule 3 continue to have effect in relation to any application made to the Secretary of State before 6th April 2015.

(3)

In regulation 10(b) of the Infrastructure Planning (Compulsory Acquisition) Regulations 201020 for “the Infrastructure Planning (Interested Parties) Regulations 2010” substitute “the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015”.

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

Brandon Lewis

Minister of State

Department for Communities and Local Government

3rd March 2015

SCHEDULE 1Statutory Parties

Regulation 3

Column 1: Statutory Party	Column 2: Circumstances
AONB Conservation Board; or relevant AONB Conservation Board21	All applications likely to affect an AONB in Scotland or a relevant AONB in England that is managed by a Conservation Board
British Waterways Board22	All applications likely to have an impact on inland waterways or land adjacent to inland waterways in Scotland
Canal & River Trust	All applications likely to have an impact on inland waterways or land adjacent to inland waterways in England and Wales
Civil Aviation Authority	All applications relating to airports or which are likely to affect an airport or its current or future operation
Coal Authority	All applications that lie within areas of past, present or future coal mining
Crown Estate Commissioners	All applications likely to impact on the Crown Estate
Disabled Persons Transport Advisory Committee*	Applications likely to affect access to transport for disabled people
Environment Agency	All applications likely to affect land in England
Equality and Human Rights Commission *(2)	All applications likely to affect land in England and Wales
Forestry Commission	All applications likely to affect the protection or expansion of forests and woodlands in England or Scotland
Gas and Electricity Markets Authority *	All applications likely to affect gas and electricity industry
Health and Safety Executive	All cases
Historic England23	All applications likely to affect land in England
Integrated Transport Authorities (ITAs)24 and Passenger Transport Executives (PTEs)25	All applications likely to affect transport within, to or from the relevant integrated transport area of the ITA or PTE
Joint Nature Conservation Committee	All applications likely to affect the marine Environment
Marine Management Organisation	All applications likely to affect the marine area in England and Wales
Maritime and Coastguard Agency	All applications likely to affect the maritime or coastal environment, or the shipping industry
National Health Service Commissioning Board26 and the relevant clinical commissioning group	All applications likely to affect land in England and Wales
National Health Service Trust27	All applications likely to affect land in Wales
Natural England	All applications likely to affect land in England
Natural Resources Body for Wales	All applications likely to affect land in Wales and all applications likely to affect the protection or expansion of forests and woodlands in Wales
Office for Nuclear Regulation (ONR)28	All applications likely to affect matters relevant to the ONR’s purposes within the meaning of Part 3 of the Energy Act 201329
Office of Rail Regulation and approved operators30*	All proposed applications likely to affect the rail transport industry
Passengers Council*	Applications likely to affect rail passenger transport
Public Health England, an executive agency of the Department of Health	All applications likely to involve chemicals, poisons or radiation which could potentially cause harm to people and are likely to affect significantly public health
relevant fire and rescue authority*	All cases
relevant Health Board31	All applications likely to affect land in Scotland
relevant Highways Authority	All applications likely to have an impact on the road network or the volume of traffic in the vicinity of the proposal
relevant internal drainage board	All applications likely to increase the risk of flooding in that area or where the proposals relate to an area known to be an area of flood risk
relevant local health board	All applications likely to affect land in Wales
relevant local resilience forum*	All cases
relevant Northern Ireland Department	All applications likely to affect land in Northern Ireland
relevant parish council or where the application relates to land in Wales or Scotland the relevant community council	All cases
relevant police and crime commissioner	Applications in England outside of London and Wales
relevant police authority	Applications in London and Scotland
Relevant statutory undertakers32	All applications likely to affect their functions as statutory undertakers
relevant strategic highways company33	All applications likely to affect road or transport operation and/or planning on roads for which the strategic highways company is the highway authority
relevant waste regulation authority*	All applications likely to affect waste infrastructure
Royal Commission on Ancient and Historical Monuments of Wales	All applications likely to affect the historic environment in Wales
Scottish Environment Protection Agency	All applications likely to affect land in Scotland
Scottish Fisheries Protection Agency*	Applications likely to affect the fisheries industry in Scotland
Scottish Government	All applications likely to affect land in Scotland
Scottish Human Rights Commission*	All applications likely to affect land in Scotland
Scottish Natural Heritage	All applications likely to affect land in Scotland
Secretary of State for Defence	Applications in England likely to affect the current or future operation of a site identified in a safeguarding map and all developments in the marine area
Secretary of State for Transport	All applications likely to affect road or transport operation and/or planning on roads for which the Secretary of State for Transport is the highway authority
Transport for London	All applications likely to affect transport within, to or from Greater London
Trinity House34	All applications likely to affect navigation in tidal waters
Water Industry Commission of Scotland*	All applications likely to affect the water industry in Scotland
Water Services Regulation Authority*	All applications likely to affect the water industry in England and Wales
Welsh Ministers	All applications likely to affect land in Wales

Interpretation of table

(a)

“relevant”, in relation to a body, shall mean the body which has responsibility for the location where the proposed nationally significant infrastructure project will be sited; or in relation to Scotland and Wales only, has responsibility for an area which neighbours that location; and

(b)

Where an entry in the table is marked with an asterisk “*”, the body referred to is not a statutory party in respect of projects in England, in accordance with regulation 3(2).

SCHEDULE 2Prescription of consents

Regulation 5

PART 1

England and Wales

Column 1: Act	Column 2: Consent or Authorisation
Wildlife and Countryside Act 198135	A licence under section 16 (power to grant licences)
Gas Act 198636	A licence under section 7 (licensing of public gas transporters) A licence under section 7ZA (licences for operation of gas interconnectors) A licence under section 7A (licence of gas suppliers and gas shippers)
Electricity Act 198937	A licence under section 6 (licences authorising supply etc)
Land Drainage Act 199138	A consent under section 23 (prohibitions of obstructions etc in watercourses)
Water Resources Act 199139	A licence under section 24 (restrictions on abstraction) A licence under section 25 (restrictions on impounding) A consent under section 32 (restrictions on abstraction) A drought order under section 73 (drought orders) A drought permit under section 79A (drought permits) A consent under byelaws made under paragraphs 5, or 6 of Schedule 25 (byelaw-making powers of the appropriate agency) A consent under section 109 (structures in, over or under a main river)
Protection of Badgers Act 199240	A licence under section 10 (licences)
Petroleum Act 199841	A licence under section 3 (to search and bore for and get petroleum) An authorisation under section 14 (for the construction and use of pipelines)
Energy Act 200842	A licence under section 4 (importation and storage of combustible gas) A licence under section 18 (storage of carbon dioxide) An approval under section 46 (funded decommissioning programmes)
Nuclear Industries Security Regulations 200343	An approval under regulation 5 (submission and approval of first security plans) An approval under regulation 6 (replacement, amendment and revocation of approved security plans) An approval under regulation 8 (temporary security plans during building works etc.)
Justification of Practices Involving Ionising Radiation Regulations 200444	A justification under regulation 9 (consideration of new practices) A review of a justification decision under regulation 10 (review of existing practices)
Offshore Marine Conservation (Natural Habitats. &c) Regulations 200745	A licence under regulation 49 (power to grant licences)
Persistent Organic Pollutants Regulations 200746	An authorisation under regulation 8 (derogation)
Conservation of Habitats and Species Regulations 201047	A licence under regulation 53 (licences for certain activities relating to animals or plants)
Environmental Permitting(England and Wales) Regulations 201048	An environmental permit or an exemption from the requirement for such a permit
Greenhouse Gas Emissions Trading Scheme Regulations 201249	A permit under Chapter 1 of Part 2 (permits)

PART 2

Wales

Column 1: Act	Column 2: Consent or Authorisation
Inclosure Act 185250	An order under section 14 (direction by order that village greens, etc, shall not be fenced)
Inclosure Act 185451	An order under section 5, 9 or 11 (exchanges etc, fencing etc)
Inclosure Act 185752	An order under section 1(fences may be dispensed with)
Commons Act 187653	A consent or authorisation required under byelaws or regulations made pursuant to section 15 (owners may make byelaws)
Commons Act 189954	A consent or authorisation required under byelaws or regulations made pursuant to sections 1 and 10 (power for district council to make scheme for regulation of common; or provisions as to byelaws)
Law of Property Act 1925 55	Imposition of limitations and conditions under section 193 (rights of public over commons and waste lands)
Coast Protection Act 194956	A consent under section 16 (consent of coast protection authority required to carrying out of coast protection work) A licence under section 18 (prohibition of excavation etc., of materials on or under the seashore)
National Parks and Access to the Countryside Act 194957	Authorisation under section 20 pursuant to byelaws (byelaws for protection of nature reserves)
Pipe-lines Act 196258	A consent under section 15 (power to place pipe-lines in streets)
Conservation of Seals Act 197059	A licence under section 10 (power to grant a licence)
Protection of Wrecks Act 197360	A licence under section 1 (protection of sites of historic wrecks consent or licence)
Health and Safety at Work Act 197461	Approval under section 16 (approval of codes of practice by the Executive)
Salmon and Freshwater Fisheries Act 197562	A confirmation or variation of an order under section 26 (limitation of fishing licences). A consent under section 30 (introduction of fish into inland waters)
Coity Wallia Commons Act 197663	A consent or Licence under section 6 or 10
Ancient Monuments and Archaeological Areas Act 197964	A consent under section 2 (control of works affecting scheduled monuments) A consent under section 3 (grant of scheduled monument consent by order of the Secretary of State)
Import of Live Fish (England and Wales) Act 1980 65	An order under section 1 (power to limit the import etc. of fish and fish eggs)
Wildlife and Countryside Act 1981 66	A consent under section 28E (duties in relation to sites of special scientific interest.) An order under section 53 (duty to keep definitive map and statement under continuous review)
Road Traffic Regulation Act 198467	An order for the regulation of traffic under section 1, 9, 14, 15 or 22BB (general provisions for traffic regulation: regulation in special cases)
Food and Environment Protection Act 198568	A licence under section 8 (licences)
Planning (Hazardous Substances) Act 199069	A consent under section 13 (application for hazardous substances consent without condition attached to previous consent) A consent under section 17 (revocation of hazardous substances consent on change of control of land) A consent under section 18 (determination of applications for continuation of hazardous substances consent)
Town and Country Planning Act 199070	A consent under section 198 (power to make tree preservation orders) A consent under section 211 (preservation of trees in conservation areas) An order under section 247 (highways affected by development: orders by Secretary of State) An order under section 257 (footpaths, bridleways and restricted byways affected by development: orders by other authorities)
Deer Act 199171	A licence under section 8 (exceptions for licensed persons)
Water Industry Act 199172	An order under section 110A (new connections with public sewers) A consent under section 118 (consent required for discharge of trade effluent into public sewer) A consent under section 166 (consents for certain discharges under section 165)
Water Resources Act 199173	A consent under section 164 (consents for certain discharges under section 163)
Clean Air Act 199374	Approval under section 4 (requirement that new furnaces shall be so far as practicable smokeless) Approval under section 6 (arrestment plant for new non-domestic furnaces) An exemption from operation of section 6 under section 7 (exemptions from section 6) Approval under section 8 (requirement to fit arrestment plant for burning solid fuel in other cases) Exemption under section 14 ( height of chimneys for furnaces) Approval under section 15 (applications for approval of height of chimneys of furnaces) Approval of plans under section 16(2) (height of other chimneys) An exemption of fireplaces from the provisions of section 20 (prohibition on emission of smoke in smoke control area)
Countryside and Rights of Way Act 200075	A consent or authorisation required under byelaws pursuant to section 17 (byelaws) Directions under section 24, 25, or 26 (land management; Avoidance of risk of fire or of danger to the public; or Nature conservation and heritage preservation)
Control of Pesticide Regulations 198676	A consent under regulation 6 (consents)
Hedgerows Regulations 199777	A consent under regulation 5 (removal of hedgerows)
Ionising Radiations Regulations 199978	Authorisation under regulation 5 (authorisation of specified practices)
Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 200079	A registration under regulation 9 (inventories of contaminated equipment)
Radiation (Emergency Preparedness and Public Information) Regulations 200180	Any assessment required under regulation 4 (hazard identification and risk evaluation) Any assessment under regulation 5 (review of hazard identification and risk evaluation)
Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 200381	A consent under regulation 9 (restriction on abstracting or impounding water)
Hazardous Waste (England and Wales) Regulations 2005 82	A registration under regulation 21 (requirement to notify premises)
Environmental Permitting (England and Wales) Regulations 201083	A permit under regulation 13, where that function is exercisable by a local authority pursuant to regulations 32 or 33 (grant of an environmental permit)

SCHEDULE 3Revocations

Regulation 10(1)

(1)Regulations Revoked	(2) Reference	(3) Extent of Revocation
The Infrastructure Planning (Interested Parties) Regulations 2010	S.I. 2010/102	The whole Regulations
The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010	S.I. 2010/105	The whole Regulations
The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012	S.I. 2012/635	Regulation 4
The Local Policing Bodies (Consequential Amendments No 2) Regulations2012	S.I. 2012/2732	Regulation 5
The Infrastructure Planning (Miscellaneous Prescribed Provisions) (Amendment) Regulations 2013.	S.1. 2013/ 520	The whole Regulations
The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013	S.I. 2013/522	Regulation 4
Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014	S.I 2014/469	Schedule 3, Part 5, Paragraph 199

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations consolidate with some amendments the provisions of the Infrastructure Planning (Interested Parties) Regulations 2010 (S.I. 2010/102) and the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 (S.I. 2010/105) and revoke the in whole or part, of the following instruments—

The Infrastructure Planning (Interested Parties) Regulations 2010;
The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010;
The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012;
The Local Policing Bodies (Consequential Amendments No 2) Regulations 2012;
The Infrastructure Planning (Miscellaneous Prescribed Provisions) (Amendment) Regulations 2013;
The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013; and
The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order.

Regulation 3 and Schedule 1 specify who is a statutory party in an examination of a nationally significant project under the Planning Act 2008 c.29 (“the Act”).

Regulation 4 sets out what must be included in the registration form in order for a relevant representation to be made in relation to an application for an order granting development consent for a nationally significant infrastructure project. Such applications are made under section 37 of the Act.

Regulation 5 and Schedule 2 set out the requirements for consents or authorisations that cannot be dis-applied by a development consent order without the approval of the relevant consenting body.

Regulation 6 deals with matters relating to the duration of a development consent order.

Regulation 7 removes the activity of measuring or marking out a proposed road from the definition of “material operation” for the purposes of section 155 of the Act. (Section 155 states that a development is taken to begin on the earliest date on which a material operation begins to be carried out).

Regulation 8 applies provisions of the Public Health Act 1936 c.49 in relation to steps that might need to be taken in a case where there is a notice of unauthorised development.

Regulation 9 applies equivalent provisions for Scotland.

Transitional provision is made by regulation 10.

An Impact Assessment has been prepared in relation to Schedule 2 of these Regulations. It has been placed in the library of each House of Parliament and can be viewed at http://www.legislation.gov.uk. An Impact Assessment has not been prepared for the rest of these regulations as the consolidation and minor amendments do not have an additional impact on business, charities or the public sector beyond what was examined in the Impact Assessment that accompanied the Planning Bill when it was introduced in Parliament on 27th November 2007. That Impact Assessment can be found on the Communities and Local Government website (http://www.communities.gov.uk).