The Infrastructure Planning (Development Consent) (Miscellaneous Amendments) Regulations 2026
S.I. 2026/735 · Made 30 June 2026
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This Statutory Instrument has been made in consequence of defects in S.I. 2009/2264 and S.I. 2017/572 and is being issued free of charge to all known recipients of those Statutory Instruments.
INFRASTRUCTURE PLANNING
Made 30th June 2026
Laid before Parliament 3rd July 2026
Coming into force 24th July 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 37(3)(b) and (d), 48(1), 56(2), (3) and (7), 58(2), 59(2) and (3) and 232(3)(b) of, and paragraphs 4(1), (4) and (6) of Schedule 6 to, the Planning Act 2008f1.
Annotations to the whole text
Footnotes
f1
2008 c. 29. Section 48 is amended by section 6(6) of the Planning and Infrastructure Act 2025 (c. 34) (“the 2025 Act”) so as to remove the requirement in section 48(2) that regulations under section 48(1) must make provision for publicity to include a deadline for receipt by the applicant of responses to the publicity. Section 6 of the 2025 Act is brought into force on 24th July 2026 by the Planning and Infrastructure Act 2025 (Commencement No. 4 and Transitional Provisions) Regulations 2026 (S.I. 2026/641 (C. 52)).
The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1 are amended as follows.
(2)
In regulation 2 (interpretation), in paragraph (1), omit the definition of “preliminary environmental information”.
(3)
In regulation 4 (publicising a proposed application), in paragraph (3)—
(a)
in sub-paragraph (f), omit “(being a date not earlier than the deadline in sub-paragraph (i))”;
(b)
at the end of sub-paragraph (f), after the semicolon insert “and”;
(c)
omit sub-paragraph (h) and the “and” following that sub-paragraph;
(d)
omit sub-paragraph (i).
(4)
In regulation 5 (applications for orders granting development consent), omit paragraph (5).
(5)
In regulation 8 (notice of accepted application), in paragraph (2)(j), omit “if the notice is given on or after the 1st of March 2010,”.
(6)
In regulation 9 (publicising an accepted application), in paragraph (4)(i), omit “if the notice is published on or after the 1st March 2010,”.
(7)
Omit regulation 12 (transitional matters).
(8)
In Schedule 1, in the title of column 1 of the table, for “Consultee” substitute “Persons to be notified”.
(9)
In Schedule 2, for the application form headed “Application for development consent for nationally significant infrastructure under the Planning Act 2008” substitute the application form set out in Schedule 1 to these Regulations.
(10)
In Schedule 3, for the form headed “Certificate of compliance with section 56 of the Planning Act 2008” substitute the form set out in Schedule 2 to these Regulations.
(11)
In Schedule 4, for the form headed “Certificate of compliance with section 59 of the Planning Act 2008” substitute the form set in out Schedule 3 to these Regulations.
The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011f1 are amended as follows.
(2)
In regulation 2 (interpretation), in paragraph (1)—
(a)
in the definition of “EIA development”, for “2(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 f2” substitute “3(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 f3”;
(b)
in the definition of “interested party”, in sub-paragraph (c), for “43” substitute “56A”;
(c)
in the definition of “relevant local authority”—
(i)
for “43” substitute “56A”;
(ii)
for “section 42(1)(b)” substitute “sections 56(2)(b) and 60(2)(a)”.
(3)
In regulation 10 (duty to consult), in paragraph (1)(c)(iii), for “44” substitute “57”.
(4)
In regulation 17 (EIA development)—
(a)
in paragraph (1)—
(i)
in the words before sub-paragraph (a), for “Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 f4” substitute “Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 f5”;
(ii)
in sub-paragraph (a), for “3” substitute “4”;
(iii)
in sub-paragraph (b), for “6” substitute “8”;
(iv)
in sub-paragraph (c), for “8” substitute “10”;
(v)
in sub-paragraph (d), for “18” substitute “22”;
(vi)
in sub-paragraph (e), for “19” substitute “24”;
(b)
in paragraph (2)(c), for “the “consultation under section 42”” substitute ““publicising the proposed application under section 48””.
These Regulations amend the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (S.I. 2009/2264) (“the 2009 Regulations”) and the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 (S.I. 2011/2055) (“the 2011 Regulations”).
Regulation 2 amends the 2009 Regulations and regulation 3 amends the 2011 Regulations. Several of the amendments are consequential on changes to the pre-application consultation requirements for nationally significant infrastructure projects under the Planning Act 2008 (c. 29) (“the 2008 Act”), as amended by the Planning and Infrastructure Act 2025 (c. 34) (“the 2025 Act”). The Regulations also make changes to update cross-references to related statutory instruments, along with other minor and correctional amendments.
An impact assessment has not been published for these Regulations as no significant impact on the private, voluntary or public sector is foreseen arising from the provisions these Regulations amend. An impact assessment has been published in relation to the 2025 Act, which considers the impact of changes to the pre-application consultation requirements for nationally significant infrastructure projects under the 2008 Act. Copies of that impact assessment can be obtained from the Ministry of Housing, Communities and Local Government, Home Office Building, 2 Marsham Street, London SW1P 4DF, or from: https://assets.publishing.service.gov.uk/media/6819bf013c3bba3526f03b99/Overarching_IA_-_Planning_and_Infrastructure_Bill.pdf.
