Explanatory note

The Planning Act 2008 (c. 29) (“the Act”) provides for the granting of development consent for certain types of nationally significant infrastructure projects.

These regulations amend the Infrastructure Planning (Fees) Regulations 2010 (“the 2010 Regulations”).

Regulation 3 inserts a new heading of Parts 1 (introduction), and regulation 4 amends regulation 2(1) of the 2010 Regulations by substituting a new definition for “application” and “applicant”.

Regulation 5 inserts a new heading of Part 2 (charging of fees by the Secretary of State) into the 2010 Regulations. It also inserts a new regulation 2A and Schedule 1 into the 2010 Regulations. New regulation 2A provides for the charging of fees by the Secretary of State to the applicant for pre-application services, and Schedule 1 lists pre-application services which may be charged for by the Secretary of State.

Regulation 6 amends regulation 12(5) of the 2010 Regulations so that the new regulation 2A comes within the definition of “relevant fee” for the purposes of regulation 12.

Regulation 7 inserts Part 3 (charging of fees by prescribed public authorities), new regulation 12A and schedule 2 into the 2010 Regulations. Schedule 2 of the 2010 Regulations prescribes the public authorities for the purposes of regulation 12A of the 2010 Regulations.

New regulation 12A provides for the payment of fees by an applicant or proposed applicant to prescribed public authorities in relation to the provision of relevant services. Regulation 12A specifies the effect where the fee is not received by the public authority. It provides that a public authority may charge a fee only in accordance with a statement published on its website.

Regulation 8 inserts a new heading of Part 4 (review) into the 2010 Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.