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

• Citation: S.I. 2015/462
• Sections: 10

Section 1 Citation and commencement

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.

Section 2 Interpretation

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 Act ;

...

“electronic transmission” means a communication transmitted by—

means of an electronic communications network; or

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) ;

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

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

“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;

“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) ;

“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 2009 ;

“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 2015 .

Section 3 Statutory parties

(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 person .

(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.

Section 4 Relevant representations

(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) ... the principal submissions , and where practicable, the full particulars of the case which the person proposes to make in respect of the application.

Section 5 Consent requirements which may be removed by orders

(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.

Section 6 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 7 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 8 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 , 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;

(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.

Section 9 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) of the Town and Country Planning (Scotland) Act 1997 were references to expenses recoverable under section 170(1) of the Act.

Section 10 Revocations, transitional provision and consequential amendment

(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 2010 for “the Infrastructure Planning (Interested Parties) Regulations 2010” substitute “the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015”.