The Infrastructure Planning (Compulsory Acquisition) Regulations 2010

In these Regulations—

• “the Act” means the Planning Act 2008;

• “additional affected person” means a person whose name is notified by the applicant in accordance with regulation 9(a) (certifying compliance with regulations 7 and 8 and notice of additional affected persons;

• “additional interested party” means a person who has made a representation, in respect of the proposed provision, which meets the requirements in regulation 10 (relevant representation);

• “additional land” means land which it is proposed shall be subject to compulsory acquisition and which was not identified in the book of reference submitted with the application as land;

• “address” includes any number or address used for the purposes of electronic transmission:

• “affected person” means a person whose name has been given to the F1Secretary of State in a notice under section 59 (notice of persons interested in land to which compulsory acquisition request relates);

• “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)^f1;

• “applicant” means the person who has made the application;

• “application” means the application for an order granting development consent to which the proposed provision relates;

• “book of reference” means the book described in regulation 7 (meaning of “book of reference”) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009;

• “closed evidence” means any representation which is subject to a direction under F2section 95A(2) of the Act;

• “compulsory acquisition hearing” means a hearing held under section 92(3) (compulsory acquisition hearings);

• “compulsory acquisition request” means a request for an order granting development consent to authorise compulsory acquisition of land or of an interest in or right over land;

• “electronic transmission” means a communication transmitted—

  1. (a)

     by means of an electronic communications network; or

  2. (b)

     by other means but in electronic form;

• “Examining authority” means—

  1. (a)

     the Panel or single F3appointed person appointed to examine the application or specified matters under section 65 (appointment of members, and lead member, of Panel) or section 79 (appointment of single appointed person) and includes one or more members of the Panel allocated a function of the Panel in accordance with section 76 (allocation within Panel of Panel’s functions); or

  2. (b)

     F4the 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)^f2;

• “the Homes and Communities Agency” means the body established by section 1 of the Housing and Regeneration Act 2008 (establishment and constitution )^f3;

• “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)^f4;

• “interested party”, in relation to an application, means a person who is an interested party for the purposes of Chapter 4 of Part 6 of the Act^f5;

• “internal drainage board” has the same meaning as in section 1 of the Land Drainage Act 1991 (internal drainage districts and boards) ^f6;

• “issue-specific hearing” means a hearing under section 91 (hearings about specific issues);

• “land” has the same meaning as in section 159;

• “local resilience forum” has the same meaning as in regulation 4 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005^f7;

• “marine area” means–

  1. (a)

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

  2. (b)

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

  3. (c)

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

  4. (d)

     an area designated under section 1(7) of the Continental Shelf Act 1964^f8, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish ministers have functions;

• “Natural England” means the body established by section 1 of the Natural Environment and Rural Communities Act 2006 (constitution)^f9;

• “open-floor hearing” means a hearing under section 93 (open-floor hearings);

• “Panel” means the Panel appointed under section 65 (appointment of members, and lead member, of Panel) to handle the application;

• “police authority” means an authority established under section 3 of the Police Act 1996 (establishment of police authorities)^f10;

• “proposed provision” means a compulsory acquisition request in respect of additional land;

• “Regional Development Agency” means a regional development agency established under section 1 of the Regional Development Agencies Act 1998 (establishment)^f11;

• “Regional Planning Body” means a body recognised by the Secretary of State under section 2 of the Planning and Compulsory Purchase Act 2004 (regional planning bodies)^f12;

• “registration form” means the form prescribed in the Infrastructure Planning (Interested Party) Regulations 2010^f13;

• “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” has the same meaning as in section 102(4) (interpretation of Chapter 4 of Part 6);

• “Renewable Energy Zone” means zones designated under section 84 of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production)^f14;

• “representation” includes evidence and references to the making of a representation include the giving of evidence;

• “single appointed person” means the appointed person appointed under section 79 (appointment of single appointed person) to handle the application;

• F5...

• “Strategic Health Authority” means an authority established under section 13 of the National Health Services Act 2006 (strategic health authorities)^f15;

• “statutory undertaker” has the same meaning as in section 127;

• “Trinity House” means the Corporation of Trinity House of Deptford Strond; and

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

Any reference in these Regulations to a section by number is a reference to a section so numbered of the Act.

for a notice under section 127(7) (statutory undertakers’ land), Form A in Schedule 1 to these Regulations;

for a notice under section 131(10)(a) or 132(10)(a) (commons open spaces etc, compulsory acquisition of land and rights over land) Form B in Schedule 1 to these Regulations; and

for a notice under section 134(7) (notice of authorisation of compulsory acquisition), Form C in Schedule 1 to these Regulations.

it is proposed to include in an order granting development consent a provision authorising the compulsory acquisition of additional land; and

a person with an interest in the additional land does not consent to the inclusion of the provision.

be in the form of a book of reference or, where a book of reference has been submitted to the Secretary of State, a supplement to that book;

be accompanied by—

The F1Secretary of State must, by the end of the period of 28 days beginning with the day after the day on which it receives details of the proposed provision, decide whether or not to accept the proposed provision as part of the application.

The Secretary of State may only accept a proposed provision if the Secretary of State is satisfied that it complies with the requirements of regulation 5.

The applicant must give notice of the proposed provision to—

The notice referred to in paragraph (1) must contain the following—

The applicant must publish a notice of the proposed provision—

The notice referred to in paragraph (1) must contain the following—

a notice in the form set out in Schedule 3 of the persons who the applicant, after making diligent inquiry, knows are interested in the additional land or any part of that land; and

the certificate of compliance in the form set out in Schedule 4.

it relates to the proposed provision;

it complies with the regulation 4 of the Infrastructure Planning (Interested Parties) Regulations 2010^f1 as to the form and content of relevant representations;

it is received by the F1Secretary of State no later than the deadline specified in the notice under regulation 7(1); and

it does not contain—

The Examining authority must make an initial assessment of the issues arising in connection with the proposed provision within 21 days of the deadline specified in the notice under regulation 7(2).

After making that assessment the Examining authority may hold a meeting to discuss how the proposed provision should be examined.

The Examining authority must invite to any meeting—

The Examining authority shall preside at the meeting and shall determine—

As soon as practicable after the end of any meeting the Examining authority must prepare a note of the proceedings at that meeting; and make the note available to all additional affected persons, additional interested parties and interested parties and anyone who attended the meeting.

The Examining authority may hold more than one meeting.

At the meeting referred to regulation 11 if one is held, or as soon as practicable after the end of that meeting, the Examining authority must set the timetable for its examination of the proposed provision, specifying in the timetable—

The Examining authority must send the timetable all additional affected persons, additional interested parties, interested parties and any other person it has invited to any meeting.

The Examining authority may subsequently vary the timetable; and as soon as practicable after doing so must notify of the variation all additional affected persons, additional interested parties, interested parties and any other person it has invited to any meeting.

An additional affected person, additional interested party, or interested party must ensure that any written representation that party may wish to make about the proposed provision is received by the Examining authority by the date specified in the timetable set under regulation 12, or otherwise under this rule, by the Examining authority.

The Examining authority may at any time specify the date (being a date not earlier than the end of a period of 21 days) by which a written representation to be submitted from the applicant or an additional affected person must be received by the Examining authority.

Any additional affected person, additional interested party, or interested party, who submits a written representation, must identify in their written representation those parts of the proposed provision with which they agree and those parts with which they do not agree and must state the reasons for such disagreement.

The Examining authority must provide all additional affected persons and interested parties with the opportunity to comment on any written representations, responses and further information received by it.

The Examining authority may in writing request—

A person who receives a request in accordance with paragraph (5) must ensure that the additional copies, responses to written questions or further information are received by the Examining authority by the date specified.

The Examining authority may disregard any written representations, responses or information received after the date specified for their receipt.

The Examining authority must make all written representations, responses to written questions and further information received by it available in accordance with rule 15 as soon as is practicable.

As soon as practicable after receipt of the notice referred to in regulation 9(a), the Examining authority must notify each additional affected person and each additional interested party, of the date, time and place fixed for any issue specific-hearing.

Where the issue-specific hearing has already taken place, the Examining authority must arrange another and notify each additional affected person, each additional interested party, and each interested party of the date, time and place fixed for the further issue-specific hearing.

If an issue-specific hearing has already been arranged but there is insufficient time for the Examining authority to give each additional affected person and each additional interested party 21 days’ notice of the date, time and place fixed for the issue-specific hearing, the Examining authority must rearrange it unless each additional affected person, each additional interested party and each interested party agree in writing that it should take place on the original date.

Except as mentioned in paragraph (3), the Examining authority must ensure that at least 21 days’ notice is given of any issue-specific hearing to each additional affected person, each additional interested party, and each interested party.

As soon as practicable after receipt of the notice referred to in regulation 9(a), the Examining authority must notify each additional affected person of—

If an additional affected person notifies the Secretary of State of a wish to be heard at a compulsory acquisition hearing and such a hearing has already taken place, the Examining authority must arrange another and notify the applicant, each affected person and each additional affected person of the date, time and place fixed for the further compulsory acquisition hearing.

If a compulsory acquisition hearing has already been arranged but there is insufficient time for the Examining authority to give each additional affected person 21 days’ notice of the date, time and place fixed for the compulsory acquisition hearing, the Examining authority must rearrange it unless each additional affected person and each affected person agrees in writing that it should take place on the original date.

Except as mentioned in paragraph (3), the Examining authority must ensure that at least 21 days’ notice is given by it of any hearing to each additional affected person and each affected person.

As soon as practicable after receipt of the notice referred to in regulation 9(a), the Examining authority must notify each additional affected person and each additional interested party of—

If the open-floor has already taken place the Examining authority must arrange another and notify each additional affected person, each additional interested party and each interested party of the date, time and place fixed for the further open-floor.

If an open-floor has already been arranged but there is insufficient time for the Examining authority to give each additional affected person, each additional interested party and each interested party 21 days’ notice of the date, time and place fixed for the open-floor, the Examining authority must rearrange it unless each additional affected person, each additional interested party and each interested party agrees in writing that it should take place on the original date.

Except as mentioned in paragraph (3), the Examining authority must ensure that at least 21 days’ notice is given of any hearing to each additional affected person, each additional interested party, and each interested party.

Representations or documents must be made available by the F1Secretary of State to additional affected persons, additional interested parties and interested parties and to anyone who requests an opportunity to inspect and take copies of them.

A representation or document shall be taken to be available where additional affected persons, additional interested parties and interested parties are notified of—

Where the applicant, additional affected person, additional interested party, or interested party is under an obligation to afford to any person who so requests an opportunity to inspect and take copies of any representation or document, the opportunity shall be taken to have been afforded where the person is notified of—

In this regulation—

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.

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

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 for that purpose.

Where the recipient of a representation, notice or other document 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 reasonably practicable.

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 the revocation is to take effect, being not less than 7 days after the date on which the notice is given.

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

Nothing in these Regulations shall be taken to require or permit closed evidence to be disclosed to a person other than—

In this Regulation—