Statutory Instruments
2020 No. 1534
Infrastructure Planning
The Infrastructure Planning (Publication and Notification of Applications etc.) (Amendment) Regulations 2020
Made
14th December 2020
Laid before Parliament
16th December 2020
Coming into force in accordance with regulation 1
The Secretary of State is a Minister designated( 1 ) for the purposes of section 2(2) of the European Communities Act 1972( 2 ) (“the 1972 Act”) in relation to measures relating to the environment.
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the 1972 Act and sections 48(1), 56(3) and (7), 114(2), 123(4) and 232(3) of, and paragraphs 2(8) and 4(4) of Schedule 6 to, the Planning Act 2008( 3 ).
PART 1 Preliminary
Citation and commencement
1. These Regulations may be cited as the Infrastructure Planning (Publication and Notification of Applications etc.) (Amendment) Regulations 2020 and come into force immediately before 11 p.m. on 31st December 2020.
PART 2 Amendments to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
Amendments to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
2. —(1)The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009( 4 ) are amended as follows.
(2) In regulation 4 (publicising a proposed application)—
(a) in paragraph (3)(e), for “at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice” substitute “on a website maintained by or on behalf of the applicant”;
(b) before paragraph (3)(f) insert—
“ (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; ” ; and
(c) in paragraph (3)(f), after “available for inspection” insert “on the website”.
(3) In regulation 8 (notice of accepted application)—
(a) in paragraph (2)(g), for “at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice” substitute “on a website maintained by or on behalf of the Secretary of State”;
(b) before paragraph (2)(h) insert—
“ (ga) the address of the website where the application form and its accompanying documents, plans and maps may be inspected;
(gb) the place on the website where the application form 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 form and its accompanying documents, plans and maps; ” ; and
(c) in paragraph (2)(h), after “available for inspection” insert “on the website”.
(4) In regulation 9 (publicising an accepted application)—
(a) in paragraph (4)(f)—
(i) after “available for inspection” insert “free of charge on a website maintained by or on behalf of the Secretary of State”; and
(ii) omit paragraphs (4)(f)(i) and (ii);
(b) before paragraph (4)(g) insert—
“ (fa) the address of the website where the application form and its accompanying documents may be inspected;
(fb) the place on the website where the application form 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 form and its accompanying documents, plans and maps; ” ; and
(c) in paragraph (4)(g), after “available for inspection” insert “on the website”.
(5) Omit regulation 9A (coronavirus: temporary modifications).
PART 3 Amendments to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011
Amendments to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011
3. —(1)The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011( 5 ) are amended as follows.
(2) In regulation 6 (publicising the application)—
(a) in paragraph (2)(d), for “on a website and also, free of charge, at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice” substitute “free of charge on a website maintained by or on behalf of the Secretary of State”;
(b) before paragraph (2)(e) insert—
“ (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; ” ; and
(c) in paragraph (2)(f), after “available for inspection” insert “on the website”.
(3) Omit regulation 6A (coronavirus: temporary modifications to this Part).
(4) In regulation 14 (publicising a proposed application)—
(a) in paragraph (2)(e), for “at the places (including at least 1 address in the vicinity of the proposed development) and the times set out in the notice” substitute “on a website maintained by or on behalf of the applicant”;
(b) before paragraph (2)(f) insert—
“ (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; ” ; and
(c) in paragraph (2)(f), after “available for inspection” insert “on the website”.
(5) In regulation 19 (notice of an application)—
(a) in paragraph (2)(g), for “at the places (including at least one address in the vicinity of the land) and times set out in the notice” substitute “on a website maintained by or on behalf of the Secretary of State”;
(b) before paragraph (2)(h) insert—
“ (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; ” ; and
(c) in paragraph (2)(h), after “available for inspection” insert “on the website”.
(6) In regulation 20 (publicising an application)—
(a) in paragraph (2)(f), for “at the places (including at least one address in the vicinity of the land) and times set out in the notice” substitute “on a website maintained by or on behalf of the Secretary of State”;
(b) before paragraph (2)(g) insert—
“ (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; ” ; and
(c) in paragraph (2)(g), after “available for inspection” insert “on the website”.
(7) Omit regulation 20A (coronavirus: temporary modifications to this Part).
(8) In regulation 55 (notice)—
(a) in paragraph (2)(e), for “at the places (including at least one address in the vicinity of the land) and times set out in the notice” substitute “on a website maintained by or on behalf of the Secretary of State”;
(b) before paragraph (2)(f) insert—
“ (ea) the address of the website where the proposed order and any accompanying documents and plans may be inspected;
(eb) the place on the website where the proposed order and any accompanying documents and plans may be inspected;
(ec) a telephone number which can be used to contact the Secretary of State or a representative of the Secretary of State for enquiries in relation to the proposed order and any accompanying documents and plans; ” ; and
(c) in paragraph (2)(f), after “available for inspection” insert “on the website”.
(9) In regulation 56 (publicising a proposed order)—
(a) in paragraph (2)(f), for “at the places (including at least one address in the vicinity of the land) and times set out in the notice” substitute “on a website maintained by or on behalf of the Secretary of State”;
(b) before paragraph (2)(g) insert—
“ (fa) the address of the website where the proposed order and any accompanying documents, plans and maps may be inspected;
(fb) the place on the website where the proposed order and any accompanying documents, plans and maps may be inspected;
(fc) a telephone number which can be used to contact the Secretary of State or a representative of the Secretary of State for enquiries in relation to the proposed order and any accompanying documents, plans and maps; ” ; and
(c) in paragraph (2)(g), after “available for inspection” insert “on the website”.
(10) Omit regulation 56A (coronavirus: temporary modifications to this Part).
PART 4 Amendments to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010
Amendments to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010
4. —(1)The Infrastructure Planning (Compulsory Acquisition) Regulations 2010( 6 ) are amended as follows.
(2) In regulation 7 (notice of proposed provision)—
(a) in paragraph (2)(h), for “at the places (including at least one address in the vicinity of the additional land) and the times set out in the notice” substitute “on a website maintained by or on behalf of the Secretary of State”;
(b) before paragraph (2)(i) insert—
“ (ha) the address of the website where the proposed provision, the map, the revised draft order and any information submitted with the proposed provision may be inspected;
(hb) the place on the website where the proposed provision, the map, the revised draft order and any information submitted with the proposed provision may be inspected;
(hc) a telephone number which can be used to contact the applicant for enquiries in relation to the proposed provision, the map, the revised draft order and any information submitted with the proposed provision; ” ; and
(c) in paragraph (2)(i), after “available for inspection” insert “on the website”.
(3) In regulation 8 (duty to publicise proposed provision)—
(a) in paragraph (2)(f), for “at the places (including at least one address in the vicinity of the additional land) and the times set out in the notice” substitute “on a website maintained by or on behalf of the Secretary of State”;
(b) before paragraph (2)(g) insert—
“ (fa) the address of the website where the proposed provision, the map, the revised draft order and any information submitted with the proposed provision may be inspected;
(fb) the place on the website where the proposed provision, the map, the revised draft order and any information submitted with the proposed provision may be inspected;
(fc) a telephone number which can be used to contact the applicant for enquiries in relation to the proposed provision, the map, the revised draft order and any information submitted with the proposed provision; ” ; and
(c) in paragraph (2)(g), after “available for inspection” insert “on the website”.
(4) Omit regulation 8A (coronavirus: temporary modifications).
PART 5 Amendments to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017
Amendments to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017
5. —(1)The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017( 7 ) are amended as follows.
(2) In regulation 19 (accepted application-effect of screening opinion not taking account of all relevant information)—
(a) omit paragraph (6)(b)(vi)(aa);
(b) before paragraph (6)(b)(vii) insert—
“ (via) the address of the website where the environmental statement may be inspected;
(vib) the place on the website where the environmental statement may be inspected;
(vic) a telephone number which can be used to contact the applicant for enquiries in relation to the environmental statement; ” ; and
(c) in paragraph (6)(b)(vii), after “available for inspection” insert “on the website”.
(3) In regulation 20 (accepted application-effect of environmental statement being inadequate)—
(a) omit paragraph (3)(b)(vi)(aa);
(b) before paragraph (3)(b)(vii) insert—
“ (via) the address of the website where the environmental statement and the further information and any other information may be inspected;
(vib) the place on the website where the environmental statement and the further information and any other information may be inspected;
(vic) a telephone number which can be used to contact the applicant for enquiries in relation to the environmental statement and the further information and any other information; ” ; and
(c) in paragraph (3)(b)(vii), after “available for inspection” insert “on the website”.
(4) In regulation 22 (subsequent application for EIA development)—
(a) omit paragraph (3)(a)(vi)(aa);
(b) before paragraph (3)(a)(vii) insert—
“ (via) the address of the website where the updated environmental statement and supporting documents may be inspected;
(vib) the place on the website where the updated environmental statement and supporting documents may be inspected;
(vic) a telephone number which can be used to contact the applicant for enquiries in relation to the updated environmental statement and supporting documents; ” ; and
(c) in paragraph (3)(a)(vii), after “available for inspection” insert “on the website”.
(5) In regulation 24 (subsequent application not complying with EIA requirements)—
(a) omit paragraph (3)(b)(vi)(aa);
(b) before paragraph (3)(b)(vii) insert—
“ (via) the address of the website where the updated environmental statement and supporting documents may be inspected;
(vib) the place on the website where the updated environmental statement and supporting documents may be inspected;
(vic) a telephone number which can be used to contact the applicant for enquiries in relation to the updated environmental statement and supporting documents; ” ; and
(c) in paragraph (3)(b)(vii), after “available for inspection” insert “on the website”.
(6) In regulation 27 (availability of copies of environmental statements), omit paragraph (1).
(7) Omit regulation 27A (coronavirus: temporary modifications).
PART 6 Amendment of the Infrastructure Planning (Publication and Notification of Applications etc.) (Coronavirus) (Amendment) Regulations 2020
Amendment of the Infrastructure Planning (Publication and Notification of Applications etc.) (Coronavirus) (Amendment) Regulations 2020
PART 7 Transitional provisions
Transitional provisions
7. —(1) Where, before 22nd July 2020, the requirements of a provision listed in paragraph (3) have been complied with in part in relation to a particular application, provision or order, the provision listed in paragraph (3) continues to have effect in relation to that application, provision or order without the amendments made to it by the 2020 Regulations and by these Regulations; in the case of section 56(2) of the Planning Act 2008, regulation 8 of the 2009 Regulations continues to have effect without the amendments made to it by the 2020 Regulations and by these Regulations.
(2) Where, in the period beginning with 22nd July 2020 and ending with 31st December 2020, the requirements of a provision listed in paragraph (3) have been complied with in part in relation to a particular application, provision or order, the provision listed in paragraph (3) continues to have effect in relation to that application, provision or order with the amendments made to it by the 2020 Regulations but without the amendments made to it by these Regulations; in the case of section 56(2) of the Planning Act 2008, regulation 8 of the 2009 Regulations continues to have effect with the amendments made to it by the 2020 Regulations but without the amendments made to it by these Regulations.
(3) The provisions are—
(a) section 56(2) of the Planning Act 2008;
(b) regulation 4 of the 2009 Regulations;
(c) regulation 9 of the 2009 Regulations;
(d) regulation 7 of the 2010 Regulations;
(e) regulation 8 of the 2010 Regulations;
(f) regulation 6 of the 2011 Regulations;
(g) regulation 14 of the 2011 Regulations;
(h) regulation 19 of the 2011 Regulations;
(i) regulation 20 of the 2011 Regulations;
(j) regulation 55 of the 2011 Regulations;
(k) regulation 56 of the 2011 Regulations;
(l) regulation 19 of the 2017 Regulations;
(m) regulation 20 of the 2017 Regulations;
(n) regulation 22 of the 2017 Regulations;
(o) regulation 24 of the 2017 Regulations.
(4) In this regulation—
“the 2009 Regulations” means the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009;
“the 2010 Regulations” means the Infrastructure Planning (Compulsory Acquisition) Regulations 2010;
“the 2011 Regulations” means the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011;
“the 2017 Regulations” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017;
“the 2020 Regulations” means the Infrastructure Planning (Publication and Notification of Applications etc.) (Coronavirus) (Amendment) Regulations 2020.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Christopher Pincher
Minister of State
Ministry of Housing, Communities and Local Government
14th December 2020
S.I. 2008/301 . See article 2 of that Order.
1972 c. 68 . The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c.1) ). Section 2(2) of the European Communities Act 1972 was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7) .
2008 c. 29 . Section 56 was amended by section 138(2) and paragraph 14 of part 1 of Schedule 13 to the Localism Act 2011 (c. 20) and by section 23(5)(a) of the Marine and Coastal Access Act 2009 (c. 23) . Sections 114 and 123 were amended by paragraphs 55(3) and 62 of part 1 of Schedule 13 to the Localism Act 2011 (c. 20) . Paragraph 2(8) of Schedule 6 was amended by paragraph 72(3) of part 1 of Schedule 13 to the Localism Act 2011 (c.20) and by section 28(2)(a) of the Infrastructure Act 2015 (c.7) . There are other amendments not relevant to this instrument. “Prescribed” is defined in section 235.
S.I. 2009/2264 ; relevant amending instruments are S.I. 2012/635 , 2017/572 , 2020/764 .
S.I. 2011/2055 ; relevant amending instruments are S.I. 2012/635 , 2015/760 , 2020/764 .
S.I. 2010/104 , amended by S.I. 2012/635 , 2020/764 ; there are other amending instruments but none is relevant.
S.I. 2017/572 , amended by S.I. 2018/695 , 2020/764 ; there are other amending instruments but none is relevant.