The Infrastructure Planning (National Policy Statement Consultation) Regulations 2009

• Citation: S.I. 2009/1302
• Sections: 3

Section 1 Citation and commencement

These Regulations may be cited as the Infrastructure Planning (National Policy Statement Consultation) Regulations 2009 and shall come into force on 22nd June 2009.

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Planning Act 2008;

“AONB Conservation Boards” are established under section 86 of the Countryside and Rights of Way Act 2000 ;

“fire and rescue authority” means an authority determined as such under section 1 of the Fire and Rescue Services Act 2004 ;

“Integrated Transport Authority” has the same meaning as that given by section 77(2) of the Local Transport Act 2008 ;

“internal drainage board” is a board constituted as such under section 1 of the Land Drainage Act 1991 ;

“joint waste authority” means an authority established by an order under section 207(1) or section 210(1) of the Local Government and Public Involvement in Health Act 2007 ;

“local authorities” means—

a county council, or district council, in England;

a London borough council;

the Common Council of the City of London;

the Greater London Authority;

the Council of the Isles of Scilly;

a county council, or county borough council, in Wales;

a National Park Authority;

the Broads Authority;

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;

“local resilience forum” has the meaning given by regulation 4 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 ;

“ NPS ” means national policy statement;

“Passenger Transport Executive” has the same meaning as in section 9 of the Transport Act 1968 ;

“police authority” means an authority established under section 3 of the Police Act 1996 ;

“regional development agencies” means the regional development agencies established by section 1 of the Regional Development Agencies Act 1998 ;

“regional planning body” means a body recognised as such by a direction given by the Secretary of State under section 2 of the Planning and Compulsory Purchase Act 2004 ;

“relevant Northern Ireland department” in relation to an NPS, means the Northern Ireland department responsible for the matter, or as the case may be, for the matters to which the NPS relates (if more than one department is responsible, the reference is to all of them);

“statutory undertaker” has the same meaning as in section 5(10) of the Act;

“Strategic Health Authority” means a Strategic Health Authority established under, or continued in existence by, section 13 of the National Health Service Act 2006 ;

“The National Association of Local Councils” means the unincorporated association of that name which was established in 1947;

“waste authorities” means–

a waste collection authority;

a waste disposal authority; or

a joint waste authority;

“waste collection authority” means an authority mentioned in section 30(3) of the Environmental Protection Act 1990 ; and

“waste disposal authority” means an authority mentioned in section 30(2) of the Environmental Protection Act 1990 .

Section 3 Consultation

(1) This regulation prescribes, for the purposes of section 7 of the Act, the persons to be consulted by the Secretary of State under that section.

(2) The persons listed in paragraph (3) of this regulation must be consulted in every case in which the Secretary of State proposes to designate a statement as a NPS or to amend a NPS.

(3) The persons referred to in paragraph (2) are—

(a) The Scottish Executive;

(b) The Welsh Ministers;

(c) The relevant Northern Ireland Department;

(d) Regional planning bodies;

(e) Local authorities;

(f) Strategic Health Authorities;

(g) The Local Government Association;

(h) The Association of Chief Police Officers;

(i) The Chief Fire Officers Association;

(j) The Health and Safety Executive;

(k) The Environment Agency;

(l) Natural England ;

(m) Regional development agencies;

(n) The Commission for Sustainable Development;

(o) The Equality and Human Rights Commission;

(p) The Joint Nature Conservation Commission;

(q) Waste Authorities;

(r) The Joint Committee of the National Amenity Societies;

(s) Transport for London;

(t) The Crown Estate Commissioners;

(u) The Committee on Climate Change ;

(v) The National Association of Local Councils;

(w) AONB Conservation Boards;

(x) The National Consumer Council ;

(y) The Chartered Institute of Environmental Health.

(4) Where, in such a case in as described in paragraph (2), any of the circumstances described in column 2 of Table 1 also apply, the person specified in the corresponding entry in column 1 of that Table must also be consulted by the Secretary of State.

(5) Where, in such a case as described in paragraph (2)—

(a) the Secretary of State proposes to designate a statement, or to amend a NPS, which includes policies identifying one or more locations as suitable (or potentially suitable) for a specified description of development, and

(b) any of the circumstances described in column 2 of Table 2 apply,

the person specified in the corresponding entry of column 1 of that Table must also be consulted by the Secretary of State.

(6) Nothing in this regulation shall preclude consultation of such other bodies as, in any particular case, the Secretary of State may think fit.

For the definition of “approved operators” see section 25 of the Planning Act 2008.

The Corporation of Trinity House of Deptford Strond.

See section 32 of the National Heritage Act 1983 (c. 47) .

See section 2 of the Housing and Regeneration Act 2008 (c. 17) .