The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011

• Citation: S.I. 2011/2055
• Sections: 85

Section 1 Citation and commencement

These Regulations may be cited as the Infrastructure Planning (Changes to, and Revocation of Development Consent Orders) Regulations 2011 and shall come into force on 1 st October 2011.

Section 2 Interpretation

(1) In these Regulations—

“ affected person ” means a person whose name has been given to the Secretary of State in a notice under regulation 21;

“ AONB Conservation Board ” means a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000 (establishment of conservation boards) ;

“appointed person” means a person appointed by the Secretary of State under regulation 22;

“ application ” means an application for—

a change to a development consent order under paragraph 2(1) of Schedule 6 to the Act (non-material changes); or

an order to change or revoke a development consent order under paragraph 3(1) of Schedule 6 to the 2008 Act,

and “ applicant ” shall be construed accordingly;

...

...

“ EIA development ” has the same meaning as given by regulation 2(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 ;

“ electronic transmission ” means a communication transmitted—

by means of an electronic communications network; or

by other means but in electronic form;

“Examining body” means—

the appointed person or persons; or

the Secretary of State in respect of those matters which are the subject of a direction by the Secretary of State under section 95A(2);

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

“ integrated care board ” means an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006;

“ Integrated Transport Authority ” has the same meaning as in section 77 of the Local Transport Act 2008 (change of name of passenger transport authorities and PTAs) ;

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

“ interested party ” means—

the applicant;

each statutory party and each local authority within section 88A which, having been informed under regulation 28(9) that that person may become an interested party, have notified the Examining body in writing that they wish to become an interested party ;

each local authority, being a local authority within the meaning of section 43, in whose area the land is located;

the Greater London Authority if the land is in Greater London;

the Marine Management Organisation if the land is in one or more of the areas specified in subsection (1A) of section 102; ...

each person who has made a relevant representation; and

any person who—

would, in the case of an application for development consent, be eligible to become an interested party under section 102A,

has made a request to the Examining body to become an interested party which complies with the requirements of section 102A(1), and

has been accepted as eligible to become an interested party by the Examining body and notified accordingly;

but a person ceases to be an “interested party” for the purposes of these Regulations upon notifying the Examining body in writing that that person no longer wishes to be an interested party;

“ the land ” means the land to which a proposed application or an application relates, or any part of that land;

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

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

“marine area” means—

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

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

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

an area designated under section 1(7) of the Continental Shelf Act 1964 (exploration and exploitation of continental shelf), 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;

“Marine Management Organisation” has the same means as in section 1 of the Marine and Coastal Access Act 2009 ;

...

“National Health Service Trusts” means the National Health Service Trusts established under section 18 of the National Health Service (Wales) Act 2006 (NHS Trusts);

“ NHS England ” means the body corporate established under section 1H of the National Health Service Act 2006;

“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);

“ proposed application ” means an application which a person proposes to make for an order under paragraph 3(1) of Schedule 6 to the Act;

...

“relevant local authority “ means each local authority within the meaning given by section 43 (local authorities for the purposes of section 42(1)(b)) subject to the modification that “ the land ” means the land to which a proposed application or application relates;

“ relevant Northern Ireland Department ” means the Northern Ireland Department responsible for the matter to which an application or proposed application relates (if more than one department is responsible, the reference is to all of them);

“ relevant representation ” means a representation which—

is about an application;

is made to the Secretary of State ;

is received by the Secretary of State not later than the relevant deadline specified under these Regulations; and

does not contain material—

about compensation for compulsory acquisition of land or of an interest in or right over land;

about the merits of policy set out in a national policy statement; or

that is vexatious or frivolous;

“ Renewable Energy Zone ” means zones designated under section 84 of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production) ;

“ representation ” includes evidence, and reference to the making of a representation includes the giving of evidence;

“ statement of common ground ” means a written statement prepared jointly by the applicant and any interested party, which contains agreed factual information about the application;

...

“ statutory undertaker ” has the same meaning as in section 127 (statutory undertakers' land);

“ the Act ” means the Planning Act 2008; and

“ written representation ” means the full particulars of the case which a person puts forward in respect of an application and includes any supporting evidence or documents.

(2) Any reference in these Regulations to a section solely by number is a reference to a section so numbered in the Act.

Section 3 General

The regulations in this Part apply in relation to an application for a change, which is not material, to a development consent order under paragraph 2(1) of Schedule 6 to the Act.

Section 4 Application

(1) The application must be made to the Secretary of State .

(2) The application must be 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 Secretary of State 's reference for the development consent order to which the application relates;

(d) details of the change being applied for;

(e) any documents and plans considered necessary to support 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 a 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 ;

(ff) the consultation and publicity statement referred to in regulation 7A;

(g) details of the applicant's interest in the land; and

(h) if requested by the Secretary of State , 3 paper copies of the application and other supporting documents and plans.

(3) Unless the Secretary of State specifies otherwise, any plans, drawings or sections provided shall be no larger than A0 size, shall be drawn to an identified scale ... and, in the case of plans, shall show the direction of North.

(4) Where a plan comprises 3 or more separate sheets a key plan must be provided showing the relationship between the different sheets.

(4A) Subject to paragraph (4B), 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.

(4B) Paragraph (4A) 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.

(4C) In paragraph (4B), “UK marine area” has the same meaning as in section 42 of the Marine and Coastal Access Act 2009.

Section 5 Fee for application

(1) The Secretary of State must charge the applicant a fee of £6,891 in respect of an application.

(2) The fee must be paid at the same time that the application is made.

(3) If the applicant fails to pay the fee the Secretary of State need not consider the application until payment is received by the Secretary of State.

Section 6 Publicising the application

(1) The applicant must publish a notice of the application, which must include the matters prescribed by paragraph (2)—

(a) for at least two successive weeks in one or more local newspapers circulating in the vicinity in which the land is situated; and

(b) in any other publication necessary in order to ensure that notice of the application is given in the vicinity of the land.

(2) The matters which the notice must include are—

(a) the name and address of the applicant;

(b) a statement that the applicant is seeking, by way of an application to the Secretary of State, a change to be made to a development consent order which is not material ;

(c) a summary of the main elements of the application;

(d) a statement that any documents, plans and maps showing the nature and location of the land, and accompanying the application, are available for inspection free of charge on a website maintained by or on behalf of the Secretary of State ;

(da) the address of the website where the documents, plans and maps may be inspected;

(db) the place on the website where the documents, plans and maps may be inspected;

(dc) a telephone number which can be used to contact the applicant for enquiries in relation to the documents, plans and maps;

(e) a statement as to whether a charge will be made for copies of any of the documents and, if so, the amount of any charge;

(f) the latest date on which those documents, plans and maps will be available for inspection on the website (being a date not earlier than the deadline in sub-paragraph (h);

(g) details of how to respond to the publicity; and

(h) a deadline for receipt of those responses by the Secretary of State , being not less than 28 days following the date when the notice is last published.

Section 6A Coronavirus: temporary modifications to this Part

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Section 7 Duty to consult

(1) The applicant must consult the persons specified in paragraph (2) about the application by sending them a copy of the notice referred to in regulation 6.

(2) Subject to paragraph (3), the persons to be consulted are—

(a) each person for whose benefit the development consent order, to which the application relates, has effect;

(b) each person that was, in accordance with section 56, notified of the application for the development consent order which is the subject of the application; and

(c) any other person who may be directly affected by the changes proposed in the application.

(3) The applicant need not consult a person or authority specified above if they have obtained the written consent of the Secretary of State.

(4) If the Secretary of State exercises its discretion under paragraph (3) it must publish its reasons for doing so on its website.

(5) The Secretary of State must make available in accordance with regulation 46 all responses to the publicity and consultation.

Section 7A Consultation and publicity statement

(1) The applicant must provide the Secretary of State with—

(a) a copy of the notice referred to in regulation 6; and

(b) a statement setting out details of the steps the applicant has taken to comply with the requirements of regulations 6 and 7.

(2) If the applicant fails to provide the Secretary of State with the items referred to in paragraph (1), the Secretary of State need not consider the application until those items have been received by the Secretary of State.

Section 8 Notification of decision

If a change is made to a development consent order, the Secretary of State must notify its decision on an application to—

(a) the applicant;

(b) each person that was consulted about the application; and

(c) each person that made a relevant representation in response to the publicity or consultation.

Section 9 General

(1) The regulations in this Part apply in relation to—

(a) a proposed application;

(b) an application;

(c) the decision-making process in relation to such an application;

(d) the making of a decision on such an application;

(e) the effect of any such decision; and

(f) the compensation payable in consequence of an order under paragraph 3(1) of Schedule 6 to the Act.

(2) In this Part “ application ” means an application for an order under paragraph 3(1) of Schedule 6 to the Act ....

Section 10 Duty to consult

(1) Subject to paragraph (2), the applicant must consult the following about a proposed application—

(a) each person who may be directly affected by the changes proposed in the application;

(b) each person who has the benefit of the development consent order to which the application relates, unless that person is also the applicant;

(c) any other person or authority who does not fall within paragraph (a) and is—

(i) listed in column 1 of the table in Schedule 1 to these Regulations, who must be consulted in the circumstances specified in relation to each such person in column 2 of that table;

(ii) an authority which, in relation to the proposed application, is a relevant local authority;

(iii) a person who is within one or more of the categories set out in section 44;

(d) the Greater London Authority if the land to which the proposed application relates, or any part of it, is in Greater London;

(e) the Marine Management Organisation if the land is in one or more of the areas specified in subsection (1A) of section 102; and

(f) any other person the Secretary of State considers should be consulted.

(2) The applicant need not consult a person or authority listed above if they have obtained the written consent of the Secretary of State.

(3) If the Secretary of State exercises its discretion under paragraph (2) it must publish its reasons for doing so on its website.

Section 11 Timetable for consultation under regulation 10

(1) The applicant must, when consulting a person under regulation 10, notify the person of the deadline for the receipt by the applicant of the person's response to the consultation.

(2) A deadline notified under paragraph (1) must not be earlier than the end of the period of 28 days that begins with the day after the day on which the person receives the consultation documents.

(3) In paragraph (2) “ the consultation documents ” means the documents supplied to the person by the applicant for the purpose of consulting the person.

Section 12 Duty to notify Secretary of State of proposed application

(1) The applicant must supply the Secretary of State with such information in relation to the proposed application as the applicant would supply to the Secretary of State for the purpose of complying with regulation 10 if the applicant were required by that regulation to consult the Secretary of State about the proposed application.

(2) The applicant must comply with paragraph (1) on or before commencing consultation under regulation 10.

Section 13 Duty to consult local community

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Section 14 Publicising a proposed application

(1) The applicant must publish a notice, which must include the matters prescribed by paragraph (2) of this regulation, of the proposed application—

(a) for at least two successive weeks in one or more local newspapers circulating in the vicinity in which the land is situated;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) once in the London Gazette and, if land in Scotland is affected, the Edinburgh Gazette; and

(d) where the proposed application relates to offshore development—

(i) once in Lloyd's List; and

(ii) once in an appropriate fishing trade journal.

(2) The matters which the notice must include are—

(a) the name and address of the applicant;

(b) a statement that the applicant intends to make an application to the Secretary of State ;

(c) a summary of the main elements of the proposed application;

(d) a statement as to whether the proposed application involves EIA development;

(e) a statement that the documents, plans and maps showing the nature and location of the land are available for inspection free of charge on a website maintained by or on behalf of the applicant ;

(ea) the address of the website where the documents, plans and maps may be inspected;

(eb) the place on the website where the documents, plans and maps may be inspected;

(ec) a telephone number which can be used to contact the applicant for enquiries in relation to the documents, plans and maps;

(f) the latest date on which those documents, plans and maps will be available for inspection on the website (being a date not earlier than the deadline in sub-paragraph (i));

(g) whether a charge will be made for copies of any of the documents, plans or maps and the amount of any charge;

(h) details of how to respond to the publicity; and

(i) a deadline for receipt of those responses by the applicant, being not less than 28 days following the date when the notice is last published.

(3) The applicant must arrange for a notice of the proposed application, which must include the matters specified in paragraph (2) of this regulation, to be displayed at, or as close as reasonably practicable to, the land at a place accessible to the public.

(4) Where the change in the proposed application consists of, or includes, works with a route or alignment exceeding 5 kilometres in length the notice, which must include the matters specified in paragraph (2) of this regulation, must be—

(a) displayed at intervals of not more than 5 kilometres along the whole proposed route or alignment of the works described in the application, except where this is impracticable due to the land in question being covered in water; and

(b) be published for at least 2 successive weeks in one or more local newspapers circulating in the vicinity of the land along the route or alignment of the works described in the application.

(5) The applicant need not publish, or arrange for, a notice of a proposed application in the manner specified in paragraph (4), if they have obtained the written consent of the Secretary of State.

(6) If the Secretary of State exercises its discretion under paragraph (5) it must publish its reasons for doing so on its website.

Section 15 Duty to take account of responses to consultation and publicity

(1) Paragraph (2) applies where the applicant—

(a) has complied with regulations 10 to 14; and

(b) proposes to go ahead with making an application.

(2) The applicant must, when deciding whether the application that the applicant is actually to make should be in the same terms as the proposed application, have regard to any relevant responses.

(3) In paragraph (2) “ relevant response ” means—

(a) a response from a person consulted under regulation 10 that is received by the applicant before the deadline imposed by regulation 11 in that person's case; or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a response to publicity under regulation 14 that is received by the applicant before the deadline imposed in accordance with regulation 14 in relation to that publicity.

Section 16 Applications – general

(1) The application must be made to the Secretary 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 Secretary 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 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 Secretary of State specifies otherwise, any plans, drawings or sections provided shall be no larger than A0 size, shall be drawn to an identified scale ... 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 Secretary of State , 3 paper copies of the application and other supporting plans and documents.

(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 Secretary 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—

what has been done in compliance with regulations 10 to 14 in relation to a proposed application that has become the application,

any relevant responses, and

the account taken of any relevant responses; ...

“ relevant response ” has the meaning given by regulation 15 ; and

“UK marine area” has the same meaning as in section 42 of the Marine and Coastal Access Act 2009.

Section 17 EIA development

(1) An application shall be treated as a subsequent application for the purposes of the following provisions in the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 —

(a) regulation 3 (prohibition on granting consent without consideration of environmental information);

(b) regulation 6 (procedure for establishing whether environmental impact assessment is required);

(c) regulation 8 (application for a scoping opinion);

(d) regulation 18 (subsequent application for EIA development); and

(e) regulation 19 (subsequent application not complying with EIA requirements).

(2) References in the regulations referred to in paragraph (1) to the following terms shall be construed as follows—

(a) references to ...“the relevant authority” as references to the “ Secretary of State ”;

(b) references to “an application for an order granting development consent” as references to “ an application ” as defined in regulation 2 of these Regulations; and

(c) reference to the “ consultation under section 42 ” as reference to consultation under regulation 10 of these Regulations.

Section 18 Fees for applications

(1) Subject to paragraph (2), the Secretary of State must charge the fees set out in Schedule 2 to these Regulations in respect of an application.

(2) No fee is chargeable in respect of an application for an order to be made under paragraph 3(5) of Schedule 6 to the Act.

Section 19 Notice of an application

(1) Subject to paragraph (3), notice of an application must be given by the applicant to—

(a) each person for whose benefit the development consent has effect;

(b) each authority which, in relation to the application, is a relevant local authority;

(c) the Greater London Authority if the land is in Greater London;

(d) the Marine Management Organisation if the land is in one or more of the areas specified in subsection (1A) of section 102;

(e) each person who is within one or more of the categories set out in section 57 as regards the land;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the persons listed in column 1 of the table in Schedule 1 to these Regulations, in the circumstances specified in relation to each such person in column 3 of that table; and

(h) each other person the Secretary of State requires the applicant to consult.

(2) The notice must include—

(a) the name and address of the applicant;

(b) a statement to the effect that an application has been made to the Secretary of State ;

(c) any reference applied to that application by the Secretary of State ;

(d) a summary of the main proposals;

(e) a map showing details of the location of the development, to which the application relates;

(f) a statement as to whether the application involves EIA development;

(g) a statement that a copy of the application and its accompanying documents, plans and maps are available for inspection free of charge on a website maintained by or on behalf of the Secretary of State ;

(ga) the address of the website where the application and its accompanying documents, plans and maps may be inspected;

(gb) the place on the website where the application and its accompanying documents, plans and maps may be inspected;

(gc) a telephone number which can be used to contact the applicant for enquiries in relation to the application and its accompanying documents, plans and maps;

(h) the latest date on which those documents will be available for inspection on the website being a date not earlier than the end of the period of 28 days that begins with the day after the day on which the person receives the notice;

(i) a statement as to whether a charge will be made for copies of any of the documents and if so the amount of any charge;

(j) details of how to make representations (giving notice of any interest in, or objection to, the application); and

(k) a deadline for the receipt by the Secretary of State of those representations being not less than 28 days following the date on which the person receives the notice.

(3) The applicant need not give notice of an application to a person or authority listed above if they have obtained the written consent of the Secretary of State.

(4) If the Secretary of State exercises its discretion under paragraph (3) it must publish its reasons for doing so on its website.

Section 20 Publicising an application

(1) The applicant must publish a notice of the application, which must include the matters specified in paragraph (2) of this regulation, in the same manner as is prescribed in relation to a proposed application, by regulation 14.

(2) The matters which the notice must include are—

(a) the name and address of the applicant;

(b) a statement to the effect that an application has been made to the Secretary of State ;

(c) the reference, if any, applied to the application by the Secretary of State ;

(d) a summary of the main proposals, specifying, where relevant, the location or route to which the application relates;

(e) a statement saying whether the application involves EIA development;

(f) a statement that a copy of the application and its accompanying documents, plans and maps are available for inspection free of charge on a website maintained by or on behalf of the Secretary of State ;

(fa) the address of the website where the application and its accompanying documents, plans and maps may be inspected;

(fb) the place on the website where the application and its accompanying documents, plans and maps may be inspected;

(fc) a telephone number which can be used to contact the applicant for enquiries in relation to the application and its accompanying documents, plans and maps;

(g) the latest date on which those documents will be available for inspection on the website (being a date not earlier than the deadline under sub-paragraph (j));

(h) a statement as to whether a charge will be made for copies of any of the documents and if so the amount of any charge;

(i) details of how to make representations (giving notice of any interest in, or objection, to the application); and

(j) a deadline for the receipt by the Secretary of State of those representations being not less than 28 days following the date that the notice is last published.

Section 20A Coronavirus: temporary modifications to this Part

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Section 21 Notice of person interested in land to which compulsory acquisition request relates

(1) This regulation applies where an application includes a request for authorisation to acquire compulsorily land or an interest in or right over land (“a compulsory acquisition request”).

(2) The applicant must give to the Secretary of State a notice specifying the names, addresses for service and contact details of the affected persons.

(3) The notice must be given within the period of 10 working days immediately following the deadline set in regulation 19(2)(k).

(4) A person is an “affected person” for the purpose of this regulation if the applicant, after making diligent inquiry, knows that the person is interested in the land to which the compulsory acquisition relates or any part of that land.

Section 21A Cases where the Secretary of State is of the view that examination is not necessary

(1) Where the Secretary of State is of the view, in light of relevant representations received in pursuance of regulations 19 and 20, that it is not necessary for an Examining body to examine the application the Secretary of State must—

(a) give notice of that fact to—

(i) the applicant; and

(ii) each person who has made a relevant representation under regulation 19 or 20; and

(b) publicise on a website maintained for the purpose any relevant representation made under regulations 19 and 20.

(2) A notice given under paragraph (1)(a) must include—

(a) a statement to the effect that the Secretary of State is of the view that it is not necessary for an Examining body to examine the application;

(b) a statement setting out the Secretary of State’s reasons as to why the Secretary of State considers that this is not necessary;

(c) a statement that any representations made under regulations 19 and 20 have been publicised on a website;

(d) details of how to make further representations about the application; and

(e) a deadline for receipt by the Secretary of State of those representations being not less than 28 days following the date of the notice.

Section 21B Deciding an application without examination

(1) The Secretary of State may decide an application without examination by an Examining body if the Secretary of State is satisfied that this is not necessary in light of relevant representations received—

(a) under regulations 19 and 20; and

(b) in response to the notice served in accordance with regulation 21A(1)(a).

(2) Where the Secretary of State decides that it is not necessary for an Examining body to examine the application, the Secretary of State must—

(a) issue a notice of the decision not to examine the application to—

(i) the applicant;

(ii) all those who in accordance with regulation 19 have been notified about the application; and

(iii) any other person who has made a relevant representation about the application;

(b) publish the reasons for the decision on a website maintained for the purpose; and

(c) publicise on a website maintained for the purpose any representations made in respect of the application.

(3) In cases where an application is not examined by an Examining body in accordance with regulation 21B(1), regulations 22 to 45, 46, 47(10)(b), and 52(2)(h) do not apply.

Section 22 Appointment of the Examining body

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) This regulation applies where the Secretary of State decides that it is necessary for an Examining body to examine the application.

(2) The Secretary of State must decide whether the Examining body is to consist of a single appointed person or more than one appointed person .

(3) The Secretary of State must then—

(a) appoint the Examining body;

(b) notify all those who in accordance with regulation 19 have been notified about the application of the appointment of the Examining body and give details of who has been appointed; and

(c) where more than one appointed person has been appointed, appoint one of those appointed person s to chair the Examining body.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where the Secretary of State has appointed a single appointed person to be the Examining body, if the Secretary of State subsequently decides that the application should instead be examined by more than one appointed person , the Secretary of State may appoint appointed person s.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 23 Additional appointments to the Examining body

(1) The Secretary of State may appoint a further appointed person to be a member of the Examining body at any time after the Examining body has been appointed under regulation 22.

(2) A person appointed under paragraph (2) becomes a member of the Examining body in addition to any person who is otherwise a member of the Examining body.

Section 24 Replacement of the appointed person appointed to be the chair of the Examining body

(1) Paragraph (2) applies where a person appointed to be the chair of the Examining body ceases to hold the office of the appointed person .

(2) The Secretary of State must appoint a member of the Examining body to chair the Examining body.

(3) A person may be appointed under paragraph (2) even though that person was not a member of the Examining body when the vacancy arose.

Section 25 Membership of Examining body where application relates to land in Wales

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 26 Functions of the Examining body

(1) The Examining body has the functions of—

(a) examining an application; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) ...making a report to the Secretary of State on the application setting out the Examining body's—

(i) findings and conclusions in respect of an application; and

(ii) recommendation as to the decision to be made on an application.

(2) It is for the Examining body to decide how to examine an application.

Section 27 Initial assessment of issues

The Examining body must make such an initial assessment of the principal issues arising on an application as the Examining body considers appropriate.

Section 28 Preliminary meeting and other meetings

(1) After the initial assessment of the principal issues the Examining body must hold a preliminary meeting.

(2) The Examining body must invite to the preliminary meeting—

(a) the applicant;

(b) each person whom the applicant is required to notify of an application under regulation 19, subject to paragraph (3) of that regulation;

(c) each person who has made a relevant representation; and

(d) each other interested party .

(3) The Examining body must give at least 21 days' notice of the date, time and place of the preliminary meeting to all those it is required to invite to the meeting and to any other person it chooses to invite.

(4) The Examining body must, at the same time as giving notice of the preliminary meeting, notify all those invited to it of the matters to be discussed at the preliminary meeting.

(5) The purposes of the preliminary meeting are—

(a) to enable invitees present at the meeting to make representations to the Examining body about how the application should be examined; and

(b) to discuss any other matter the Examining body wishes to discuss.

(6) The Examining body shall preside at the preliminary meeting and shall determine—

(a) the procedure at the preliminary meeting;

(b) the matters to be discussed;

(c) the amount of time to be allocated—

(i) to each matter; and

(ii) for making any oral representations.

(7) As soon as practicable after the end of the preliminary meeting, the Examining body must prepare a note of the proceedings, and make the note available in accordance with regulation 46 to any person who is required to be invited to the preliminary meeting under regulation 28(2) and anyone who attended the preliminary meeting .

(8) The Examining body may hold further meetings for the purposes of the examination of an application and where it does so, the Examining body shall arrange for such notice to be given of any meeting as appears to the Examining body to be necessary.

(9) As soon as practicable after the end of the preliminary meeting, the Examining body must inform each statutory party, and each local authority within section 88A, that that person may notify the Examining body in writing that that person is to become an interested party.

Section 29 Procedural decisions

(1) The Examining body must, either at or after the preliminary meeting or any other meeting, in the light of the discussion at the meeting make such procedural decisions as the Examining body considers appropriate.

(2) As soon as practicable after making any procedural decision, the Examining body must notify all interested parties of the decision.

(3) In this regulation “ procedural decision ” means a decision about how an application is to be examined.

Section 30 Timetable

(1) At the preliminary meeting, or as soon as practicable after the end of that meeting, the Examining body must set the timetable for its examination of an application specifying in the timetable—

(a) the date by which written representations must be received by the Examining body;

(b) the period within which the Examining body will ask questions in writing and seek further written information about—

(i) any matter contained in an application or a relevant representation;

(ii) any written representation; and

(iii) any other matter it considers relevant to its examination of an application;

(c) the period within which the applicant will have the opportunity to comment in writing on—

(i) any relevant or written representations; and

(ii) any responses to written questions received from an interested party or others;

(d) the period within which any interested party will have the opportunity to comment in writing on—

(i) any relevant and written representations; and

(ii) any responses to written questions received from an interested party or others;

(e) the period within which the applicant and any interested party must agree a statement of common ground;

(f) the date by which any interested party must notify the Examining body of their wish to be heard at an open-floor hearing;

(g) the date by which any affected person must notify the Examining body of their wish to be heard at a compulsory acquisition hearing;

(h) the date of any issue-specific hearing;

(i) the date by which any summaries of relevant and written representations must be received by the Examining body; and

(j) such other deadlines as the Examining body considers necessary.

(2) The Examining body must send the timetable to all interested parties and any other person it has invited to the preliminary meeting.

(3) The Examining body may subsequently vary the timetable; and as soon as practicable after doing so it must notify the variation to all interested parties and any other person it has invited to the preliminary meeting.

Section 31 Written representations

(1) The Examining body's examination of an application is to take the form of consideration of written representations about the application.

(2) Paragraph (1) has effect subject to—

(a) any requirement under regulations 33, 34, or 35 below to cause a hearing to be held; and

(b) any decision by the Examining body that any part of the examination is to take a form that is neither—

(i) consideration of written representations, nor

(ii) consideration of oral representations made at a hearing.

(3) An interested party must ensure that any written representation that the party may wish to make is received by the Examining body by the date specified in the timetable set under regulation 30, or otherwise under this regulation, by the Examining body.

(4) The Examining body may at any time specify the date (being a date not earlier than the end of a period of 21 days) by which a written representation to be submitted from an interested party must be received by the Examining body.

(5) The Examining body may permit a written representation to be made by any person who is not an interested party.

(6) Any person, other than the applicant, who submits a written representation, must identify in their written representation those parts of the application with which they agree and those parts with which they do not agree, and must state the reasons for such disagreement.

(7) The Examining body must provide all interested parties with the opportunity to comment in writing on any written representation relevant to the examination of the application or specified matters.

(8) The Examining body may in writing request—

(a) a specified number of additional copies of any representation;

(b) responses to questions posed by the Examining body about the matters contained in any representation; and

(c) such further information about the matters contained in any representation as the Examining body may specify,

and shall specify the date by which these must be received by it.

(9) Any person who receives a request in accordance with paragraph (8) above must ensure that the additional copies, responses to written questions or further information are received by the Examining body by the date specified.

(10) The Examining body may disregard any written representations, responses to questions or further information received after the date, or the expiry of the period, specified for their receipt.

(11) The Examining body must make all written representations, responses to written questions and further information received by it available in accordance with regulation 46 as soon as is practicable.

Section 32 Relevant representation

(1) An interested party must ensure that their relevant representation is received by the Secretary of State by whichever is the later of the deadlines for receipt of representations included in the notice given in accordance with regulation 19 and the notice published in accordance regulation 20.

(2) Any interested party who submits a written comment on any relevant representation must ensure that it is received by the Secretary of State by whichever is the later of—

(a) the date on which the preliminary meeting is held; or

(b) the date specified in the timetable referred to in regulation 30.

(3) The Secretary of State may require in writing any person who has submitted a relevant representation or written comment to provide—

(a) a specified number of additional copies of the representation or comment; and

(b) such further information about the matters contained in the representation or comment as the Secretary of State may specify,

and may specify the date by which the copies or information must be received by it.

(4) Any person required to provide additional copies or further information must ensure that the additional copies or further information have been received by the Secretary of State by the date specified.

(5) As soon as practicable after receipt of any relevant representations, written comments on relevant representations or further information requested under paragraph (3)(b), the Secretary of State must make the representations, comments or information available in accordance with regulation 46.

Section 33 Hearings about specific issues

(1) Paragraphs (2) and (3) apply where the Examining body decides that it is necessary for the Examining body's examination of the application to include the consideration of oral representations about a particular issue made at a hearing in order to ensure—

(a) adequate examination of the issue, or

(b) that an interested party has a fair chance to put the party's case.

(2) The Examining body must cause a hearing to be held for the purpose of receiving oral representations about the issue.

(3) At the hearing, each interested party is entitled (subject to the Examining body's powers of control over the conduct of the hearing) to make oral representations about the issue.

Section 34 Compulsory acquisition hearings

(1) This regulation applies where the application includes a request for authorisation to compulsorily acquire land or an interest in or right over land (a “compulsory acquisition request”).

(2) The Examining body must fix, and cause each affected person to be informed of, the deadline by which an affected person must notify the Secretary of State that the person wishes a compulsory acquisition hearing to be held.

(3) If the Secretary of State receives notification from at least one affected person before the deadline, the Examining body must cause a compulsory acquisition hearing to be held.

(4) At a compulsory acquisition hearing, the following are entitled (subject to the Examining body's powers of control over the conduct of the hearing) to make oral representations about the compulsory acquisition request—

(a) the applicant;

(b) each affected person.

Section 35 Open-floor hearings

(1) The Examining body must fix, and cause the interested parties to be informed of, the deadline by which an interested party must notify the Secretary of State of the party's wish to be heard at an open-floor hearing.

(2) If the Secretary of State receives notification from at least one interested party before the deadline, the Examining body must cause an open-floor hearing to be held.

(3) At an open-floor hearing, each interested party is entitled (subject to the Examining body's powers of control over the conduct of the hearing) to make oral representations about the application.

Section 36 Notification of hearings

(1) In fixing, and causing persons to be informed of, a deadline under regulation 33, 34 or regulation 35, the Examining body must ensure that the deadline is at least 21 days after the date on which notice of the deadline is given.

(2) The Examining body may disregard any request for an open-floor hearing or for a compulsory acquisition hearing to be held which is received after the deadline.

(3) As soon as practicable after the expiry of the deadline the Examining body must notify—

(a) all interested parties of the date, time and place fixed for any open-floor hearing or issue-specific hearing; and

(b) affected persons of the date, time and place fixed for a compulsory acquisition hearing,

and ensure that at least 21 days' notice is given of any hearing.

(4) The Examining body may vary the date, time and place fixed for any hearing and must give such notice of any variation as appears to it to be reasonable.

(5) The place at which a hearing is to be held shall be determined by the Examining body in consultation with the applicant and, where the Examining body is satisfied, having regard to the nature of the application, that it is reasonable to do so, the Examining body may direct that different parts of a hearing shall be held at different locations.

(6) Unless the Examining body otherwise directs, the applicant must not later than 21 days before the date fixed for the commencement of a hearing—

(a) post and maintain a notice of the hearing in a conspicuous place as close as is reasonably practicable to, the land to which the application relates;

(b) post and maintain a notice of the hearing in one or more places where public notices are usually posted in the area to which the proposals contained in the application relate;

(c) publish a notice of the hearing by local advertisement in the area in which the proposals contained in the application are to have effect; and

(d) where the proposed application relates to development which consists of, or includes, works with a route or alignment exceeding 5 kilometres in length the notice of the hearing must be—

(i) displayed at intervals of not more than 5 kilometres along the whole proposed route or alignment of the works described in the application, except where this is impracticable due to the land in question being covered by water; and

(ii) be published for at least two successive weeks in one or more local newspapers circulating in the vicinity of the land along the route or alignment of the works described in the application.

(7) In this regulation “ by local advertisement ” means—

(a) by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated; and

(b) where the Examining body maintains a website for the purpose of advertisement of applications, by publication of the notice on the website.

(8) Where a direction has been given under paragraph (5), paragraph (6) shall have effect with the substitution—

(a) for references to the hearing, of references to the part of the hearing which is to be held at a place specified in the direction; and

(b) for references to the application, of references to that part of the application which is to be the subject of that part of the hearing.

(9) Any notice posted pursuant to paragraph (6)(a) or (b) must be readily visible to and legible by members of the public; but where, without any fault or intention of the applicant, the notice is removed, obscured or defaced before the commencement of the hearing, the applicant shall be treated as having complied with the requirements of those sub-paragraphs if the applicant has taken reasonable steps for the protection of the notice and, if need be, its replacement.

(10) A notice of a hearing posted or published pursuant to paragraph (6) must contain a statement of the date, time and place of the hearing, and of the section of the Act under which the application has been made, together with a description of the proposals contained in the application sufficient to identify the location of the proposed development with or without reference to a specified map, and details of a place where a copy of the application can be inspected.

Section 37 Procedure at hearings

(1) The Examining body shall preside at any hearing and shall determine the procedure at the hearing.

(2) At the start of the hearing the Examining body shall identify the matters to be considered at the hearing, and any matters on which the Examining body requires further explanation from—

(a) the persons entitled under regulations 33, 34 or 35 to make oral representations; or

(b) any other person permitted by the Examining body to make oral representations.

(3) Any oral representations must be based on either the relevant or written representations made by the person by whom or on whose behalf the oral representations are made; and where those relevant or written representations exceed 1500 words the person by whom they were made must prepare a summary.

(4) Without prejudice to the Examining body's discretion as to the conduct of the hearing, nothing in paragraph (2) or (3) precludes a person from referring to issues which they consider relevant to the examination of an application but which are not issues identified by the Examining body pursuant to paragraph (2) or included in their relevant or written representations.

(5) The Examining body shall be responsible for the oral questioning of a person giving evidence (“A”) except where, in the view of the Examining body, oral questioning of A by another person (“B”) is necessary in order to ensure—

(a) adequate testing of any representation; or

(b) that B has a fair chance to put B's case.

(6) The Examining body may refuse to permit the oral questioning of persons giving evidence, or may require such questioning to cease, if it appears to the Examining body that permitting such questioning or allowing it to continue (as the case may be) would have the effect that the timetable referred to in regulation 30 could not be met.

(7) The Examining body may proceed with a hearing in the absence of a person entitled to appear at it.

(8) The Examining body may from time to time adjourn a hearing and, if the date, time and place of the adjourned hearing are announced at the hearing before the adjournment, no further notice shall be required.

(9) Any person entitled or permitted to make oral representations at a hearing may do so on that person's own behalf or be represented by any other person.

(10) The Examining body may permit any person, in addition to those who are entitled under regulations 33, 34 or 35, to make oral representations at a hearing.

Section 38 Hearings: general provisions

(1) The following provisions of this section apply—

(a) to a hearing under regulation 33;

(b) to a compulsory acquisition hearing regulation 34; and

(c) to an open-floor hearing regulation 35.

(2) The hearing—

(a) must be in public; and

(b) must be presided over by one or more of the members of the Examining body.

(3) It is for the Examining body to decide how the hearing is to be conducted.

(4) In particular, it is for the Examining body to decide—

(a) whether a person making oral representations at the hearing may be questioned at the hearing by another person and, if so, the matters to which the questioning may relate;

(b) the amount of time to be allowed at the hearing—

(i) for the making of a person's representations; or

(ii) for any questioning by another person.

(5) The Examining body's powers under paragraphs (3) and (4) are subject to paragraph (2).

(6) Although the Examining body's powers under paragraphs (3) and (4) may be exercised for the purpose of controlling exercise of an entitlement under regulations 33, 34 or 35 those powers may not be exercised so as to deprive the person entitled of all benefit of the entitlement.

(7) In making decisions under paragraph (4)(a), the Examining body must apply the principle that any oral questioning of a person making representations at a hearing (whether the applicant or any other person) should be undertaken by the Examining body except where the Examining body thinks that oral questioning by another person is necessary in order to ensure—

(a) adequate testing of any representations; or

(b) that a person has a fair chance to put the person's case.

(8) The Examining body may refuse to allow representations to be made at the hearing if the Examining body considers that the representations—

(a) are irrelevant, vexatious or frivolous;

(b) relate to the merits of policy set out in a national policy statement;

(c) repeat other representations already made (in any form and by any person); or

(d) relate to compensation for compulsory acquisition of land or of an interest in or right over land.

Section 39 Hearings: disruption and supervision

(1) Where an interested party or any other person behaves in a disruptive manner at a hearing, the Examining body may decide to do any one or more of the following—

(a) exclude the person from all, or part, of the remainder of the hearing;

(b) allow the person to continue to attend the hearing only if the person complies with conditions specified by the Examining body;

(c) exclude the person from other hearings;

(d) direct that the person is allowed to attend other hearings only if the person complies with conditions specified by the Examining body.

Section 40 Representations not made orally may be made in writing

(1) Paragraph (2) applies where--

(a) a person asks the Examining body to be allowed to make oral representations about the application at a hearing;

(b) the person does not (for whatever reason) make the representations orally at a hearing;

(c) written representations from the person are received by the Secretary of State before the Examining body completes the Examining body's examination of the application; and

(d) the written representations state that they are ones that the person asked to be allowed to, but did not, make orally at a hearing.

(2) The Examining body must consider the written representations as part of the Examining body's examination of the application if they are relevant representations.

Section 41 Site inspections

(1) The Examining body may make an unaccompanied inspection of any site to which the application relates before or during its examination of the application without giving notice of its intention.

(2) The Examining body may, before the completion of its examination of the application inspect any site to which the application relates in the company of any interested party or their representative.

(3) Where the Examining body intends to make an inspection of the kind referred to in paragraph (2), it must notify all interested parties of the date, time and place at which it proposes to make the inspection.

(4) The Examining body shall not be bound to defer an inspection of the kind referred to in paragraph (2) where an interested party is neither present nor represented at the time appointed.

Section 42 Completion of examination

(1) When the Examining body has completed its examination of the application, it must inform each interested party of that fact.

(2) The Examining body must complete its examination of the application by the end of the period of 4 months beginning with the day after the start day.

(3) The start day is the day on which the meeting required by regulation 28 is held or, if that meeting is held on 2 or more days, the later or latest of those days.

(4) The Secretary of State may set a date for a deadline under this regulation that is later than the date for the time being set.

(5) The Secretary of State may change the date set for the deadline under paragraph (4)—

(a) more than once in relation to the same deadline;

(b) after the date for the time being set for the deadline.

(6) Where the Secretary of State has changed the date set for the deadline the Secretary of State must—

(a) notify each interested party of the new deadline; and

(b) publicise the new deadline in such a manner as the Secretary of State thinks appropriate.

Section 43 Procedure after completion of examination

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Examining body must make a written report to the Secretary of State by the end of the period of 2 months beginning with the earlier of—

(a) the deadline for its completion of the examination of the application; and

(b) the end of the day on which it completes the examination.

(3) The report must include the Examining body's—

(a) findings and conclusions in respect of the application; and

(b) recommendation as to the decision to be made on the application.

(4) If after the completion of the Examining body's examination, the Secretary of State —

(a) differs from the Examining body on any matter of fact mentioned in, or appearing to the Secretary of State to be material to, a conclusion reached by the Examining body; or

(b) takes into consideration any new evidence or new matter of fact,

and is for that reason disposed to disagree with a recommendation made by the Examining body, the Secretary of State shall not come to a decision which is at variance with that recommendation without—

(i) notifying all interested parties of the Secretary of State 's disagreement and the reasons for it; and

(ii) giving them an opportunity of making representations in writing to the Secretary of State in respect of any new evidence or new matter of fact.

Section 44 Further information

(1) The Examining body may at any time before the completion of its examination of an application request further information or written comments from an interested party, who must supply such information by the date and in the manner specified by the Examining body.

(2) The Examining body shall on receiving any further information or written comments within the specified period, consider whether or not a further opportunity to comment in writing should be given to all interested parties and, if so, the Examining body shall specify a period for making any further written comments.

(3) The Examining body may disregard any information or written comments received after the date specified or in a manner other than that specified.

Section 45 Additional copies

(1) The Examining body may at any time before the completion of its examination of an application request from any interested party additional copies of any document sent to the Examining body during the examination and specify the period within which and the manner in which the copies are to be supplied.

(2) The interested party must supply the copies within the period and in the manner specified by the Examining body.