Planning Act 2008 as amended by the Marine and Coastal Access Act 2009 and the Localism Act 2011 (Received Royal Assent 26 November 2008)

The primary legislation which established the legal framework for applying for, examining and determining applications for Nationally Significant Infrastructure Projects taking into account the guidance in National Policy Statements.

Localism Act 2011 (Received Royal Assent 15 November 2011)
The Act abolishes the Infrastructure Planning Commission and transfers the decision making powers of the Commission to the Secretary of State. The Act also makes a number of amendments to the Planning Act 2008 which have the effect of altering some aspects of the procedure for seeking development consent for nationally significant infrastructure projects.

The Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2012 (Coming into force 13 April 2012) (PDF 56 KB)

These regulations amend the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009.

The Infrastructure Planning (Transitional Provisions) Direction 2012 (Came into force 1 April 2012) (PDF 43 KB)

Direction made on behalf of the Secretary of State setting out the transitional arrangements for applications and proposed applications.

The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (Came into force 1 April 2012)

The Consequential Amendments Regulations 2012 have the effect, in consequence of changes brought about by the Localism Act 2011, of amending any reference in legislation to “Infrastructure Planning Commission” (or the “Commission”) and substituting with “Secretary of State”. These regulations also remove the requirement (under the Infrastructure Planning (Applications: Prescribed Forms And Procedures) Regulations 2009) for applicants to show in their Explanatory Memorandum any divergences from the model provisions.

The Localism Act 2011 (Commencement No. 4 and Transitional, Transitory and Saving Provisions) Order 2012 (Made 1 March 2012)

Article 7 brings into effect on 1 April 2012 sections 128 to 142, Schedule 13 and parts 20 and 21 of Schedule 25 of the Localism Act (including provisions for abolition of the Infrastructure Planning Commission).

The Infrastructure Planning (National Policy Statement Consultation) Regulations 2009 (Came into force 22 June 2009)

Sets out all the persons and organisations which must be consulted before a draft National Policy Statement can be designated by the government and can then be taken into account by the Planning Inspectorate in making recommendations on applications for Nationally Significant Infrastructure Projects.

The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 as amended by the Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2012 and the Consequential Amendments Regulations 2012 (Came into force 1 October 2009)

Sets out the procedures that must be followed so that the consideration of applications for Nationally Significant Infrastructure Projects fully reflect the requirements of European Council Directive 85/337/EEC – as amended – on the assessment of the effects of certain private and public projects on the environment (The ‘EIA Directive’).

The Infrastructure Planning (Applications: Prescribed Forms And Procedures) Regulations 2009 as amended by the Consequential Amendments Regulations 2012(Came into force 1st October 2009)

Sets out the detailed procedures which must be followed for submitting and publicising applications for Nationally Significant Infrastructure Projects.

The Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 (Came into force 1 October 2009)

The Localism Act 2011 (‘the 2011 Act’) has the effect of removing the Secretary of State’s power to prescribe and the duty to have regard to model provisions, hence the Model Provisions Order will no longer have any formal status from 1 April 2012. The requirement on applicants’ in their Explanatory Memorandum, submitted with an application for development consent, to show “..any divergences from the model provisions” is also removed by secondary legislation made under the 2011 Act. Although the Secretary of State may prescribe non-compulsory model provisions, for example by publishing Guidance, he has not done so to date. The Planning Inspectorate considers that it may though still be useful and helpful for applicants to show how and why they have departed from the Model Provisions Order in their applications.

The Conservation (Natural Habitats, &c.) (Amendment) (No. 2) Regulations 2009 (Came into force 1 October 2009)

The Conservation of Habitats and Species Regulations 2010 have the effect of revoking the Conservation (Natural Habitats etc) (Amendments) (No 2) Regulations 2009 with the exception of Regulation 6(2)).

The Conservation of Habitats and Species Regulations 2010 as amended by the Consequential Amendments Regulations 2012 (Came into force 1 April 2010)

Set out the procedures that must be followed so that the consideration of applications for Nationally Significant Infrastructure Projects fully reflect the requirements of European Council Directive 94/43/EEC – as amended – on the conservation of natural habitats and of wild flora and fauna (The ‘Habitats Directive’). These Regulations consolidate the Conservation (Natural Habitats &c) Regulations 1994 and revoke the Conservation (Natural Habitats etc) (Amendments) (No 2) Regulations 2009 with the exception of Regulation 6(2).

The Infrastructure Planning (Interested Parties) Regulations 2010 as amended by the Consequential Amendments Regulations 2012 (Published by Office of Public Sector Information February 2010, came into force 1 March 2010)

Defines various terms and lists ‘statutory parties’ for the purposes of s.102 of the Planning Act 2008.

The Infrastructure Planning (Examination Procedure) Rules 2010 as amended by the Consequential Amendments Regulations 2012 (Published by Office of Public Sector Information February 2010, came into force 1 March 2010)

Rules which prescribe the procedure to be followed in connection with an examination of an application for development consent. Procedures to be followed after the completion of the examination or quashing of a decision also included.

The Infrastructure Planning (Compulsory Acquisition) Regulations 2010 as amended by the Consequential Amendments Regulations 2012 (Published by Office of Public Sector Information February 2010, came into force 1 March 2010)

Sets procedure which must be followed if there is proposed compulsory acquisition of land not identified in a book of reference submitted with an application.

The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 as amended by the Consequential Amendments Regulations 2012 (Published by Office of Public Sector Information February 2010, came into force 1 March 2010)

Deals with various miscellaneous matters under the Planning Act 2008 including a list of prescribed consents under s.150 of the Planning Act 2008.

The Infrastructure Planning (Fees) Regulations 2010 as amended by the Consequential Amendments Regulations 2012 (Published by Office of Public Sector Information February 2010, came into force 1 March 2010)

Regulations prescribing the fees payable to the Planning Inspectorate in respect of an application for development consent.

The Infrastructure Planning (Decisions) Regulations 2010 as amended by the Consequential Amendments Regulations 2012 (Published by Office of Public Sector Information February 2010, came into force 1 March 2010)

Regulations prescribing the procedure for making decisions in respect of applications for development consent.

The Overhead Lines (Exempt Installations) Order 2010 (came into force 1 March 2010)

This Order amends s16(3) of the Planning Act 2008, describing situations when electric lines may not be considered as an NSIP.

The Overhead Lines (Exempt Installations) (Consequential Provisions) Order 2010 (came into force 1 March 2010)

This Order takes into account the changes made within The Overhead Lines (Exemption) Regulations 2009.

The Overhead Lines (Exemption) (England and Wales) Regulations 2009 (came into force 6 April 2009)

Amendments to exemption regulations taking into account consent under the Planning Act 2008.

The Planning Act 2008 (Railways Designation) Order 2010 (came into force 1 March 2010)

Designations for section 25 of the Planning Act 2008.

The Planning Act 2008 (Commencement No. 1 and Savings) Order 2009 (made – 25 February 2009)

Brings specified provisions of the Planning Act 2008 into force on 6 April 2009.

The Planning Act 2008 (Commencement No. 1) (England) Order 2009 (made – 20 May 2009)

Brings specified provisions of the Planning Act 2008 into force on 23 June 2009.

The Planning Act 2008 (Commencement No. 2) Order 2009 (made – 1 September 2009)

Brings specified provisions of the Planning Act 2008 into force on 1 October 2009.

The Planning Act 2008 (Commencement No. 3) Order 2009 (made – 21 September 2009)

Brings specified provisions of the Planning Act 2008 into force on 1 October 2009.

The Planning Act 2008 (Commencement No.4 and Saving) Order 2010 (Published by Office of Public Sector Information February 2010)

Brings specified provisions of the Planning Act 2008 into force on 1 March 2010.

The Planning Act 2008 (Commencement No. 5 and Saving) Order 2010 (made – 3 March 2010)

Brings specified provisions of the Planning Act 2008 into force on 6 April 2010.

The Planning Act 2008 (Commencement No. 6) Order 2011 (made – 8 March 2011)

Brings specified provisions of the Planning Act 2008 into force on 6 April 2011.

The Planning Act 2008 (Commencement No. 7) Order 2011 (made – 18 August 2011)

Brings specified provisions of the Planning Act 2008 into force on 1 October 2011.

The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 as amended by the Consequential Amendments Regulations 2012 (Came into force 1 October 2011)

The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011, which came into force on 1 October 2011, set out the procedures to be followed where a change to, or revocation of, a granted Development Consent Order is proposed. These procedures, which relate to the provisions of section 153 and Schedule 6 of the Planning Act 2008, deal with both non-material and other proposed changes to granted DCOs. These Regulations also, amongst other matters, include procedures relating to the assessment of the compensation payable under paragraph 6 of Schedule 6, and amend the Infrastructure Planning (Compulsory Acquisition) Regulations 2010.

Planning Act: Guidance on pre-application consultation (Published by Communities and Local Government September 2009)

Explains how developers should engage with local communities, carry out public consultation and advertise their proposed Nationally Significant Infrastructure Projects before they formally submit them to the Planning Inspectorate.

Planning Act 2008: Nationally significant infrastructure projects – Application form guidance (Published by Communities and Local Government September 2009)

Provides detailed guidance on how applicants should fill out and complete the application form for an Order granting Development Consent.

Guidance on associated development: Applications to the Infrastructure Planning Commission (Published by Communities and Local Government September 2009)

Provides detailed guidance on associated development which may be included within an application to the Planning Inspectorate for an Order granting Development Consent.

Planning Act 2008: guidance for the examination of applications for development consent for nationally significant infrastructure projects (Published by Communities and Local Government February 2010)

Guidance on how applications for development consent for nationally significant infrastructure projects are to be examined.

Planning Act 2008: Guidance related to procedures for compulsory acquisition (Published by Communities and Local Government February 2010)

The guidance aims to help developers and others understand the powers contained in the Planning Act 2008 and advise on the application of the correct procedures and statutory or administrative requirements.

Planning Act 2008: The Infrastructure Planning (Fees) Regulations 2010 – Guidance (Published by Communities and Local Government February 2010)

Non-statutory guidance to aid interpretation of the Infrastructure Planning (Fees) Regulations 2010 and also to provide worked examples of how the fees work in practice.

Planning Act 2008: Guidance for local authorities (Published by Communities and Local Government March 2010)

This document explains the role of local authorities within the infrastructure planning process. It includes guidance on how to consult with the developer on their Statement of Community Consultation and the preparation of Local Impact Reports.

CORRECTION: DCLG have confirmed that there is an error in the document at paragraphs 52 and 53 of Section 8 (consultation with neighbouring authorities) and that a correction notice will be issued in due course. In the meantime, please note that Section 47(2) of the Planning Act 2008 requires the promoter to consult only the local authority or authorities for the area where the land the subject of a possible scheme is situated before preparing a Statement of Community Consultation (SoCC). There is no legal requirement to consult neighbouring authorities about the SoCC.

Post-application changes (Received by Infrastructure Planning Commission 30 November 2011)

The Department for Communities and Local Government has confirmed that it does not plan to make further regulations under section 114(2) of the Planning Act. The Minister wrote to the Chair of the Commission in connection with post-application changes, and his letter can be read here.