The High Speed Rail (West Midlands – Crewe) Act 2021 makes provision for the nominated undertaker to make requests for planning approval to the relevant planning authorities. Schedule 17 to the Act provides that the nominated undertaker may appeal to the Secretary of State for Transport and the Secretary of State for Housing, Communities and Local Government in certain circumstances against the decision of such an authority.

These Regulations prescribe the form of the notice of appeal (regulation 5) and a form of questionnaire to be completed by the authority (regulation 8).

The Regulations also provide for the notice of appeal to be served on the authority and on relevant third parties (regulations 6 and 7 respectively), and specify time limits for the submission of representations and any supporting documentation (regulations 7 to 10). Regulation 11 allows the Secretaries of State to grant additional time for the submission of representations. Regulation 12 provides for determination of the appeal to proceed taking account of only material submitted within the relevant time limit, and also enables determination to proceed in the absence of representations where that time limit has expired.

A full impact assessment has not been produced for this instrument as no impact on business, charities or the voluntary sector is foreseen.

The Explanatory Memorandum for this instrument is available alongside these Regulations at www.legislation.gov.uk.