The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010

• Citation: S.I. 2010/105
• Sections: 84

Section 1 Citation commencement and interpretation

(1) These Regulations may be cited as the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 and shall come into force on 1st March 2010.

(2) In these Regulations “ the Act ” means the Planning Act 2008.

Section 2 Prescription of consent requirements which may be removed by orders

(1) The consents and authorisations listed in Part 1 of the Schedule 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 Part 2 of the Schedule are prescribed for the purposes of section 150(1) of the Act in respect of Wales only.

Section 3 Duration of order granting development consent

(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 1965 or in Scotland under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 , 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.

Section 4 Exclusion from definition of “material operation”

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.

Section 5 Application of the Public Health Act 1936 to notices of unauthorised development, etc , England and Wales

(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 1936 , shall apply in England and Wales in relation to steps required to be taken by a notice of unauthorised development , as if—

(a) references to a local authority were references to the local planning authority who issued the notice of unauthorised development;

(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 of unauthorised development;

(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 the taking of such steps as aforesaid.

(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.

Section 6 Execution and cost of certain works in Scotland

The provisions of section 135(5) to (9) of the Town and Country Planning (Scotland) Act 1997 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) were references to expenses recoverable under section 170(1) of the Planning Act 2008.

Section 1 England and Wales

A licence under section 6 of the Electricity Act 1989 (licences authorising supply, etc) .

Section 1 Wales

A consent under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (authorisation of works; listed building consent) .

Section 2 England and Wales

A gas transporter, gas interconnector or gas supplier or gas shipper licence under section 7, 7ZA or 7A of the Gas Act 1986 .

Section 2 Wales

A consent under section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (control of demolition in conservation areas) .

Section 3 England and Wales

A licence under section 3 of the Petroleum Act 1998 (licence to search and bore and get petroleum) .

Section 3 Wales

A consent under section 2 or 3 of the Ancient Monuments and Archaeological Areas Act 1979 (control of works affecting scheduled monuments; grants of scheduled monuments consent by Secretary of State) .

Section 4 England and Wales

An authorisation under section 14 of the Petroleum Act 1998 (construction and use of pipelines).

Section 4 Wales

A licence under section 1 of the Protection of Wrecks Act 1973 (protection of sites of historic wrecks) .

Section 5 England and Wales

A licence under section 4 of the Energy Act 2008 (licences) .

Section 5 Wales

A consent required under a tree preservation order made pursuant to section 198 of the Town and Country Planning Act 1990 (consent to the cutting down, topping, lopping or uprooting of trees etc) .

Section 6 England and Wales

A licence under section 18 of the Energy Act 2008 (licences).

Section 6 Wales

A consent under section 211 of the Town and Country Planning Act 1990 (preservation of trees in conservation areas) .

Section 7 England and Wales

An authorisation under sections 13 or 14 of the Radioactive Substances Act 1993 (disposal and accumulation of radioactive waste) .

Section 7 Wales

A consent under section 13 of the Planning (Hazardous Substances) Act 1990 (applications for hazardous substances consent without condition attached to previous consent) .

Section 8 England and Wales

A registration under section 7, 9 or 10 of the Radioactive Substances Act 1993 (registration of users of radioactive waster) .

Section 8 Wales

A consent under to sections 17 and 18 of the Planning (Hazardous Substances) Act 1990 (revocation of hazardous substances consent on change of control of land; determination of applications for continuation of hazardous substances consent) .

Section 9 England and Wales

Any approval required under regulations 5, 6 or 8 of the Nuclear Industries Securities Regulations 2003 (security plans) .

Section 9 Wales

A confirmation or variation of an order under section 26 of the Salmon and Freshwater Fisheries Act 1975 (limitation of fishing licences).

Section 10 England and Wales

Any justification decision required under regulations 9 or 10 of the Justification of Practices Involving Ionising Radiation Regulations 2004 (new and existing practices) .

Section 10 Wales

Consent under regulation 5 of the Hedgerows Regulations 1997 (removal of hedgerows) .

Section 11 England and Wales

A consent under section 16 of the Health and Safety at Work Act 1974 (approval of codes of practices by the Executive) .

Section 11 Wales

An approval under section 263 of the Public Health Act 1936 (watercourses in urban districts not to be culverted except in accordance with the approved plans) .

Section 12 England and Wales

An authorisation under regulation 5 of the Ionising Radiation Regulations 1999 (authorisation of specified practices) .

Section 12 Wales

A consent under section 16 of the Coast Protection Act 1949 (consent of coast protection authority required to carrying out of coast protection work) .

Section 13 England and Wales

Any assessment required under regulations 4 or 5 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (hazard identification and risk evaluation) .

Section 13 Wales

A licence under section 18 of the Coast Protection Act 1949 (prohibition of excavation, etc, of materials on or under the seashore) .

Section 14 England and Wales

An approval of a Funded Decommissioning Programme under section 46 of the Energy Act 2008 (approval of a programme).

Section 14 Wales

A licence under section 8 of the Food and Environmental Protection Act 1985 (licences) .

Section 15 England and Wales

A licence under section 10 of the Conservation of Seals Act 1970 (power to grant licences) .

Section 15 Wales

An order of the Authority under section 110A of the Water Industry Act 1991 (order to allow new connections with public sewers) .

Section 16 England and Wales

A licence under regulation 44 of the Conservation (Natural Habitats, &c) Regulations 1994 (grant of licences for certain purposes) .

Section 16 Wales

A consent under section 118 of the Water Industry Act 1991 (consent required for discharge of trade effluent into public sewer).

Section 17 England and Wales

A licence under regulation 49 of the Offshore Marine Conservation (Natural Habitats. &c) Regulations 2007 (power to grant licences) .

Section 17 Wales

An approval under section 4 of the Clean Air Act 1993 (requirement that new furnaces shall be so far as practical smokeless) .

Section 18 England and Wales

An authorisation pursuant to byelaws made under section 20 of the National Parks and Access to the Countryside Act 1949 (byelaws for protection of nature reserves) .

Section 18 Wales

An approval under sections 6, 8 or 15 of the Clean Air Act 1993 (arrestment plant for new non-domestic furnaces; requirement to fit arrestment plant for burning solid fuel in other cases; applications for approval of height of chimneys of furnaces).

Section 19 England and Wales

A licence under section 8 of the Deer Act 1991 (exceptions for licensed persons) .

Section 19 Wales

An exemption from operation of section 6 of the Clean Air Act 1993 by determination of the local authority under section 7 of that Act or by regulations made pursuant to that section (exemptions from section 6).

Section 20 England and Wales

A licence under section 10 of the Protection of Badgers Act 1992 (licences) .

Section 20 Wales

An exemption under to regulations made under section 14 of the Clean Air Act 1993 (height of chimneys for furnaces).

Section 21 England and Wales

A licence under section 16 of the Wildlife and Countryside Act 1981 (power to grant licences) .

Section 21 Wales

An approval of plans under section 16(2) of the Clean Air Act 1993 (height of other chimneys).

Section 22 England and Wales

A consent under section 28E of the Wildlife and Countryside Act 1981 (duties in relation to sites of special scientific interest) .

Section 22 Wales

An exemption of fireplaces from the provisions of section 20 of the Clean Air Act 1993 (prohibition of emissions of smoke in smoke control areas) by order made pursuant to section 21 of that Act (power by order to exempt certain fireplaces).