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

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Changes and effects yet to be applied to Regulation 2:

Regulations words substituted by S.I. 2022/634 Sch. para. 1(1)(3)
reg. 2(1) words inserted by S.I. 2022/634 reg. 54(2)(b)
reg. 2(1) words inserted by S.I. 2023/1071 reg. 50(2)(b)
reg. 2(1) words omitted by S.I. 2022/634 reg. 54(2)(a)
reg. 2(1) words omitted by S.I. 2023/1071 reg. 50(2)(a)

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

blanket amendment words substituted by S.I. 2023/1071 Sch. para. 1

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

reg. 6(2)(da)-(dc) inserted by S.I. 2020/1534 reg. 3(2)(b)
reg. 14(2)(ea)-(ec) inserted by S.I. 2020/1534 reg. 3(4)(b)
reg. 19(2)(ga)-(gc) inserted by S.I. 2020/1534 reg. 3(5)(b)
reg. 20(2)(fa)-(fc) inserted by S.I. 2020/1534 reg. 3(6)(b)
reg. 55(2)(ea)-(ec) inserted by S.I. 2020/1534 reg. 3(8)(b)
reg. 56(2)(fa)-(fc) inserted by S.I. 2020/1534 reg. 3(9)(b)

InterpretationE+W+S

This section has no associated Explanatory Memorandum

2.—(1) In these Regulations—

“affected person” means a person whose name has been given to the [F1Secretary of State] in a notice under regulation 21;

“AONB Conservation Board” means a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000 (establishment of conservation boards) M1;

[F2“appointed person” means a person appointed by the Secretary of State under regulation 22;]

“application” means an application for—

(a)

a change to a development consent order under paragraph 2(1) of Schedule 6 to the Act (non-material changes); or

(b)

an order to change or revoke a development consent order under paragraph 3(1) of Schedule 6 to the 2008 Act,

and “applicant” shall be construed accordingly;

F3...

[F4“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;]

“EIA development” has the same meaning as given by regulation 2(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 M2;

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but in electronic form;

[F5“Examining body” means—

(a)

the appointed person or persons; or

(b)

the Secretary of State in respect of those matters which are the subject of a direction by the Secretary of State under section 95A(2);]

“fire and rescue authority” has the same meaning as in section 1 of the Fire and Rescue Services Act 2004 (fire and rescue authorities) M3;

“Integrated Transport Authority” has the same meaning as in section 77 of the Local Transport Act 2008 (change of name of passenger transport authorities and PTAs) M4;

“internal drainage board” has the same meaning as in section 1 of the Land Drainage Act 1991 (internal drainage districts and boards) M5;

“interested party” means—

(a)

the applicant;

(b)

each statutory party [F6and each local authority within section 88A which, having been informed under regulation 28(9) that that person may become an interested party, have notified the Examining body in writing that they wish to become an interested party];

(c)

[F7each local authority, being a local authority within the meaning of section 43, in whose area the land is located;]

(d)

the Greater London Authority if the land is in Greater London;

(e)

the Marine Management Organisation if the land is in one or more of the areas specified in subsection (1A) of section 102; F8...

(f)

each person who has made a relevant representation; [F9and

(g)

any person who—

(i)

would, in the case of an application for development consent, be eligible to become an interested party under section 102A,

(ii)

has made a request to the Examining body to become an interested party which complies with the requirements of section 102A(1), and

(iii)

has been accepted as eligible to become an interested party by the Examining body and notified accordingly;]

[F10but a person ceases to be an “interested party” for the purposes of these Regulations upon notifying the Examining body in writing that that person no longer wishes to be an interested party;]

“the land” means the land to which a proposed application or an application relates, or any part of that land;

[F11“local health board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (local health boards);]

[F12“local resilience forum” has the same meaning as in regulation 4 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 M6;]

[F13“marine area” means—

(a)

waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)

an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)

a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)

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;]

“Marine Management Organisation” has the same means as in section 1 of the Marine and Coastal Access Act 2009 M7;

[F14“National Health Service Commissioning Board” has the same meaning as in section 1H of the National Health Service Act 2006 (the National Health Service Commissioning Board and its general functions);]

[F14“National Health Service Trusts” means the National Health Service Trusts established under section 18 of the National Health Service (Wales) Act 2006 (NHS Trusts);]

[F15“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);]

“proposed application” means an application which a person proposes to make for an order under paragraph 3(1) of Schedule 6 to the Act;

F16...

“relevant local authority “ means each local authority within the meaning given by [F17section 43 (local authorities for the purposes of section 42(1)(b))] subject to the modification that “the land” means the land to which a proposed application or application relates;

“relevant Northern Ireland Department” means the Northern Ireland Department responsible for the matter to which an application or proposed application relates (if more than one department is responsible, the reference is to all of them);

“relevant representation” means a representation which—

(a)

is about an application;

(b)

is made to the [F1Secretary of State];

(c)

is received by the [F1Secretary of State] not later than the relevant deadline specified under these Regulations; and

(d)

does not contain material—

(i)

about compensation for compulsory acquisition of land or of an interest in or right over land;

(ii)

about the merits of policy set out in a national policy statement; or

(iii)

that is vexatious or frivolous;

“Renewable Energy Zone” means zones designated under section 84 of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production) M8;

“representation” includes evidence, and reference to the making of a representation includes the giving of evidence;

“statement of common ground” means a written statement prepared jointly by the applicant and any interested party, which contains agreed factual information about the application;

F18...

“statutory undertaker” has the same meaning as in section 127 (statutory undertakers' land);

“the Act” means the Planning Act 2008; and

“written representation” means the full particulars of the case which a person puts forward in respect of an application and includes any supporting evidence or documents.

(2) Any reference in these Regulations to a section solely by number is a reference to a section so numbered in the Act.

Textual Amendments

F1Words 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)

F2Words in reg. 2(1) inserted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(3)(a)

F3Words in reg. 2(1) omitted (1.4.2012) by virtue of The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(3)(b)

F4Words in reg. 2 inserted (6.4.2013) by The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013 (S.I. 2013/522), regs. 1(2), 6(2)(a)

F5Words in reg. 2(1) substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(3)(c)

F6Words in reg. 2(1) inserted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(3)(d)(i)

F7Words in reg. 2(1) substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(3)(d)(ii)

F8Word in reg. 2(1) omitted (1.4.2012) by virtue of The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(3)(d)(iii)

F9Words in reg. 2(1) inserted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(3)(d)(iv)

F10Words in reg. 2(1) inserted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(3)(d)(v)