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

PART 5 E+W+S Miscellaneous

Closed evidence E+W+S

67.—(1) Nothing in these Regulations shall be taken to require or permit closed evidence to be disclosed to a person other than—

(a) the Secretary of State;

(b) the parties; or

(c) a person of any description specified in a direction.

(2) In this regulation—

(a) “closed evidence” means any representation which is subject to a direction;

(b) “direction” means a direction given by the Secretary of State under [F1 section 95A(2) of] the Act;

(c) “parties” means—

(i) the person who requested a direction; or

(ii) any person appointed under [F2 section 95A(3) of] to the Act to represent the interests of a person, who is prevented from inspecting or hearing closed evidence during the examination of an application for a development consent order, as a result of the direction.

Textual Amendments

F1 Words in reg. 67(2)(b) substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(28)(a)

F2 Words in reg. 67(2)(c)(ii) substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(28)(b)

Form and service of notices etc. E+W+S

68.—(1) Where under any provision of these Regulations a person is required to notify another person or body of something, that notification must be in writing.

(2) Any representation, notice or other document required or authorised to be sent under any provision of these Regulations may be sent—

(a) by sending it by post, addressed to that person at that person's usual or last known place of residence, or in a case where an address for service has been given by that person, at that address;

(b) by sending it in a prepaid registered letter, or by recorded delivery service addressed to that person at that person's usual or last known place of residence, or in a case where an address for service has been give by that person, at that address; or

(c) subject to paragraphs (3) to (6), by electronic transmission to such address as may for the time being be specified by the person for that purpose.

(3) Where a representation, notice or other document required to be sent for any purpose of these Regulations is sent by electronic transmission, the requirement shall be taken to be fulfilled where the recipient of the representation, notice or other document has consented, either in writing or by electronic transmission, to the use of electronic transmission.

(4) Where the recipient of a representation, notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that representation, notice or other document, the sender must provide such a copy as soon as is reasonably practicable.

(5) A person may revoke their consent to the use of electronic transmission for any purpose of these Regulations by giving notice to that effect in writing or by electronic transmission, specifying the purpose for which electronic transmission may not be used and the date on which revocation is to take effect, being not less that 7 days after the date on which the notice is given.

(6) A revocation under paragraph (5) shall take effect on the date specified in the notice.

Allowing further time E+W+S

69.  The [F3 Secretary of State] may at any time and in any particular case allow further time for the taking of any step which must or may be taken by virtue of these Regulations.

Textual Amendments

F3 Words in Regulations substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(2)

Amendment to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010 E+W+S

70.  Form A in Schedule 1 to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010 M1 shall be amended as follows—

(a) in the second paragraph, after the words “the Secretary of State” insert “ [the Panel that has the function of deciding the application] [the Council of the [F3 Secretary of State]](d) ”;

(b) after the fourth paragraph, insert the following—

“[the right can be purchased without serious detriment to the carrying on of the undertaking] [any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to or available for acquisition by them](d)”.

Textual Amendments

F3 Words in Regulations substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(2)

Marginal Citations

M1 SI 2010/104

Review E+W+S

[F4 71.— (1) The Secretary of State must from time to time—

(a) carry out a review of Schedule 2, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 6th April 2022.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate; and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act.)]

Textual Amendments

F4 Reg. 71 substituted (6.4.2017) by The Infrastructure Planning Fees (Amendment) Regulations 2017 (S.I. 2017/314), regs. 1, 3(2)