OpenLegislation

Regulation 9 Publicising an accepted applicationI1

England, Wales and Scotland

(1)

The applicant must publish a notice, which must include the matters prescribed by paragraph (4) of this regulation, of the accepted application, in the same manner as is prescribed in relation to a proposed application, by regulation 4(2)(a) to (d), and also in accordance with paragraph (2) and where applicable F1, (2A), and (3), of this regulation.

(2)

The notice must be displayed at, or as close as reasonably practicable to, the site of the proposed development at a place accessible to the public;

F2(2A)

In the case of EIA development, the notice must be made available on a website maintained by or on behalf of the Secretary of State.

(3)

Where the proposed development consists of, or includes, a linear scheme exceeding five kilometres in length, the notice must be displayed at intervals of not more than five kilometres along the whole proposed route of the works, except where this is impracticable due to the land in question being covered in water.

(4)

The matters which the notice must include are—

(a)

the name and address of the applicant;

(b)

a statement to the effect that an application for an order granting development consent has been made to the F3Secretary of State and that the Secretary of State has accepted the application;

(c)

the reference number applied to the application by the Secretary of State;

(d)

a summary of the main proposals, specifying the location or route of the proposed development;

(e)

a statement saying whether the application is EIA development;

F4(f)

a statement that a copy of the application form and its accompanying documents, plans and maps are available for inspection F5free of charge on a website maintained by or on behalf of the Secretary of State—

F6(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(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;

(g)

the latest date on which those documents will be available for inspection F9on the website (being a date not earlier than the deadline date under sub-paragraph (j));

(h)

a statement as to whether a charge will be made for copies of any of the documents and if so the amount of any charge;

(i)

details of how to make representations (giving notice of any interest in, or objection to the application), and F10... a statement that such representations must be made on a registration form; and

F11(j)

a deadline for the receipt by the Secretary of State of those representations being not less than—

(i)

in the case of development which is not EIA development, 28 days; and

(ii)

in the case of EIA development, 30 days,

following the date that the notice is last published.

Annotations

Textual amendments

F1

Words in reg. 9(1) inserted (16.5.2017) by The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/572), regs. 1, 36(4)(a)

F2

Reg. 9(2A) inserted (16.5.2017) by The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/572), regs. 1, 36(4)(b)

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), 3(2)

F4

Reg. 9(4)(f) substituted (16.5.2017) by The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/572), regs. 1, 36(4)(c)(i)

F5

Words in reg. 9(4)(f) inserted (31.12.2020 immediately before 11 p.m.) by The Infrastructure Planning (Publication and Notification of Applications etc.) (Amendment) Regulations 2020 (S.I. 2020/1534), regs. 1, 2(4)(a)(i) (with reg. 7)

F6

Reg. 9(4)(f)(i) omitted (31.12.2020 immediately before 11 p.m.) by virtue of The Infrastructure Planning (Publication and Notification of Applications etc.) (Amendment) Regulations 2020 (S.I. 2020/1534), regs. 1, 2(4)(a)(ii) (with reg. 7)

F7

Reg. 9(4)(f)(ii) omitted (31.12.2020 immediately before 11 p.m.) by virtue of The Infrastructure Planning (Publication and Notification of Applications etc.) (Amendment) Regulations 2020 (S.I. 2020/1534), regs. 1, 2(4)(a)(ii) (with reg. 7)

F8

Reg. 9(4)(fa)-(fc) inserted (31.12.2020 immediately before 11 p.m.) by The Infrastructure Planning (Publication and Notification of Applications etc.) (Amendment) Regulations 2020 (S.I. 2020/1534), regs. 1, 2(4)(b) (with reg. 7)

F9

Words in reg. 9(4)(g) inserted (31.12.2020 immediately before 11 p.m.) by The Infrastructure Planning (Publication and Notification of Applications etc.) (Amendment) Regulations 2020 (S.I. 2020/1534), regs. 1, 2(4)(c) (with reg. 7)

F10

Words in reg. 9(4)(i) omitted (24.7.2026) by virtue of The Infrastructure Planning (Development Consent) (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/735), regs. 1(2), 2(6)

F11

Reg. 9(4)(j) substituted (16.5.2017) by The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/572), regs. 1, 36(4)(c)(ii)

Commencement

I1

Reg. 9 in force at 1.10.2009, see reg. 1