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The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

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EXPLANATORY NOTE

(This note is not part of the Regulations)

The Planning Act 2008 (c.29) establishes the Infrastructure Planning Commission and provides for the granting of development consent for certain types of nationally significant infrastructure projects.

These regulations prescribe various matters in connection with the making of an application for development consent. Regulations 3 and 4 set out the procedural requirements for publicising a proposed application. Regulations 5 and 6 deal with the making of the application itself and provides for an application form which is set out in Schedule 2. Regulations 8, 9 and 10 set out the procedural requirements for publicising the application once it has been accepted by the Commission and what needs to be done when an order requires compulsory acquisition of land. Regulation 11 sets out the procedure that must be followed when the Commission gives advice. Regulation 12 sets out the procedural matters for applications made prior to 1st October 2011 where consultation has commenced between October 2007 and October 2009.

An Impact Assessment has not been prepared for most of these regulations as the policy options do not have an additional impact on business, charities or the public sector beyond what was examined in the Impact Assessment that accompanied the Planning Bill when it was introduced in Parliament on 27th November 2007. That Impact Assessment can be found on the Communities and Local Government website (http://www.communities.gov.uk). An Impact Assessment has been prepared in relation to the transitional provisions in regulation 12. This assessment has been placed in the library of each House of Parliament and copies many be obtained from NSID, Department of Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU (telephone 020 7944 0810).

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