Statutory Instruments
2020 No. 764
Infrastructure Planning
The Infrastructure Planning (Publication and Notification of Applications etc.) (Coronavirus) (Amendment) Regulations 2020
Made
20th July 2020
Laid before Parliament
21st July 2020
Coming into force
22nd July 2020
The Secretary of State, having been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the environment, in exercise of the powers conferred by section 2(2) of that Act and sections 48(1), 56(3) and (7), 114(2), 123(4), 232(3) and 235(1) of, and paragraphs 2(8) and 4(4) of Schedule 6 to, the Planning Act 2008 , makes the following Regulations.
PART 1
Citation and commencement
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 are amended as follows.
(2) After regulation 9 (publicising an accepted application) insert—
“ Coronavirus: temporary modifications
9A. —(1) Paragraphs (2) to (4) apply during the period beginning with 22nd July 2020 and ending with 31st December 2020.
(2)Regulation 4 (publicising a proposed application) has effect as if—
(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” there were substituted “ on a website maintained by or on behalf of the applicant ” ;
(b) before paragraph (3)(f) there were inserted—
“ (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” there were inserted “ on the website ” .
(3)Regulation 8 (notice of accepted application) has effect as if—
(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” there were substituted “ on a website maintained by or on behalf of the Secretary of State ” ;
(b) before paragraph (2)(h) there were inserted—
“ (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” there were inserted “ on the website ” .
(4)Regulation 9 (publicising an accepted application) has effect as if—
(a) in paragraph (4)(f)—
(i) after “available for inspection” there were inserted “ free of charge on a website maintained by or on behalf of the Secretary of State ” ; and
(ii) paragraph 4(f)(i) and (ii) were omitted;
(b) before paragraph (4)(g) there were inserted—
“ (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 (2)(g), after “available for inspection” there were inserted “ on the website ” . ” .
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 are amended as follows.
(2) After regulation 6 (publicising the application) insert—
“ Coronavirus: temporary modifications to this Part
6A. —(1) — Paragraph (2) applies during the period beginning with 22nd July 2020 and ending with 31st December 2020.
(2)Regulation 6 (publicising the application) has effect as if—
(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” there were substituted “ free of charge on a website maintained by or on behalf of the Secretary of State ” ;
(b) before paragraph (2)(e) there were inserted—
“ (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” there were inserted “ on the website ” . ” .
(3) After regulation 20 (publicising an application) insert—
“ Coronavirus: temporary modifications to this Part
20A. —(1) — Paragraphs (2) to (4) apply during the period beginning with 22nd July 2020 and ending with 31st December 2020.
(2)Regulation 14 (publicising a proposed application) has effect as if—
(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” there were substituted “ on a website maintained by or on behalf of the applicant ” ;
(b) before paragraph (2)(f) there were inserted—
“ (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” there were inserted “ on the website ” .
(3)Regulation 19 (notice of an application) has effect as if—
(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” there were substituted “ on a website maintained by or on behalf of the Secretary of State ” ;
(b) before paragraph (2)(h) there were inserted—
“ (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” there were inserted “ on the website ” .
(4)Regulation 20 (publicising an application) has effect as if—
(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” there were substituted “ on a website maintained by or on behalf of the Secretary of State ” ;
(b) before paragraph (2)(g) there were inserted—
“ (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” there were inserted “ on the website ” . ” .
(4) After regulation 56 (publicising a proposed order) insert—
“ Coronavirus: temporary modifications to this Part
56A. —(1) Paragraphs (2) and (3) apply during the period beginning with 22nd July 2020 and ending with 31st December 2020.
(2) Regulation 55 (notice) has effect as if—
(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” there were substituted “ on a website maintained by or on behalf of the Secretary of State ” ;
(b) before paragraph (2)(f) there were inserted—
“ (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; ”
(c) in paragraph (2)(f), after “available for inspection” there were inserted “ on the website ” .
(3)Regulation 56 (publicising a proposed order) has effect as if—
(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” there were substituted “ on a website maintained by or on behalf of the Secretary of State ” ;
(b) before paragraph (2)(g) there were inserted—
“ (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; ”
(c) in paragraph (2)(g), after “available for inspection” there were inserted “ on the website ” . ” .
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 are amended as follows.
(2) After regulation 8 (duty to publicise proposed provision) insert—
“ Coronavirus: temporary modifications
8A. —(1) Paragraphs (2) and (3) apply during the period beginning with 22nd July 2020 and ending with 31st December 2020.
(2)Regulation 7 (notice of proposed provision) has effect as if—
(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” there were substituted “ on a website maintained by or on behalf of the Secretary of State ” ;
(b) before paragraph (2)(i) there were inserted—
“ (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” there were inserted “ on the website ” .
(3)Regulation 8 (duty to publicise proposed provision) has effect as if—
(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” there were substituted “ on a website maintained by or on behalf of the Secretary of State ” ;
(b) before paragraph (2)(g) there were inserted—
“ (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” there were inserted “ on the website ” . ” .
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 are amended as follows.
(2) After regulation 27 (availability of copies of environmental statements) insert—
“ Coronavirus: temporary modifications
27A. —(1) Paragraphs (2) to (6) apply during the period beginning with 22nd July 2020 and ending with 31st December 2020.
(2)Regulation 19 (accepted application-effect of a screening opinion not taking account of all relevant information) has effect as if—
(a) paragraph (6)(b)(vi)(aa) were omitted;
(b) before paragraph (6)(b)(vii) there were inserted—
“ (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” there were inserted “ on the website ” .
(3)Regulation 20 (accepted application-effect of environmental statement being inadequate) has effect as if—
(a) paragraph (3)(b)(vi)(aa) were omitted;
(b) before paragraph (3)(b)(vii) there were inserted—
“ (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” there were inserted “ on the website ” .
(4)Regulation 22 (subsequent application for EIA development) has effect as if—
(a) paragraph (3)(a)(vi)(aa) were omitted;
(b) before paragraph (3)(a)(vii) there were inserted—
“ (via) the address of the website where the environmental statement and supporting documents may be inspected;
(vib) the place on the website where the 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 environmental statement and supporting documents; ” ; and
(c) in paragraph (3)(a)(vii), after “available for inspection” there were inserted “ on the website ” .
(5)Regulation 24 (subsequent application not complying with EIA requirements) has effect as if—
(a) paragraph (3)(b)(vi)(aa) were omitted;
(b) before paragraph (3)(b)(vii) there were inserted—
“ (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” there were inserted “ on the website ” .
(6)Regulation 27 (availability of copies of environmental statements) has effect as if paragraph (1) were omitted. ” .
PART 6 Transitional provisions
Transitional provisions
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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