# The Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 S.I. 2015/462 · made 3 March 2015 · revised to 31 December 2024 These Regulations consolidate with some amendments the provisions of the Infrastructure Planning (Interested Parties) Regulations 2010 (S.I. 2010/102) and the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 (S.I. 2010/105) and revoke the in whole or part, of the following instruments—The Infrastructure Planning (Interested Parties) Regulations 2010;The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010;The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012;The Local Policing Bodies (Consequential Amendments No 2) Regulations 2012;The Infrastructure Planning (Miscellaneous Prescribed Provisions) (Amendment) Regulations 2013;The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013; andThe Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order. Made under: Planning Act 2008 (Section 88, Section 102, Section 150, Section 154, Section 155, Section 170, Section 232) PDFs: Printed copy https://openlegislation.uk/infrastructure-planning-interested-parties-and-miscellaneous-prescribed-provisions-regulations-2015/pdf/uksi_20150462_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/infrastructure-planning-interested-parties-and-miscellaneous-prescribed-provisions-regulations-2015/pdf/uksiem_20150462_en.pdf ## Introductory text Infrastructure Planning Made 3rd March 2015 Laid before Parliament 5th March 2015 Coming into force 6th April 2015 The Secretary of State, in exercise of the powers conferred by sections 88(3A), 102(4), 150(1), 154(1) and (3), 155(2), 170(3) and (5) and 232(3) of the Planning Act 2008, makes the following Regulations: ## 1 Citation and commencement These Regulations may be cited as the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 and come into force on 6th April 2015. ## 2 Interpretation In these Regulations— “the Act” means the Planning Act 2008; “address” includes any number or address used for the purposes of electronic transmission; “application” means an application for an order granting development consent under section 37 of the Act; ... “electronic transmission” means a communication transmitted by— (a)means of an electronic communications network; or (b)other means but in electronic form; “fire and rescue authority” has the same meaning as in section 1 of the Fire and Rescue Services Act 2004 (fire and rescue authorities); “integrated care board” means an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006; “internal drainage board” has the same meaning as in section 1 of the Land Drainage Act 1991 (internal drainage districts and boards); “local health board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (local health boards); “local resilience forum” has the same meaning as in regulation 4 of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005; “marine area” means— (a)waters in or adjacent to England up to the seaward limits of the territorial sea; (b)an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions; (c)a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions; (d)an area designated under section 1(7) of the Continental Shelf Act 1964 (exploration and exploitation of continental shelf), except any part of that area which is within part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions; “police and crime commissioner” means a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011 (police and crime commissioners); “registration form” means the form supplied by and obtained from the Secretary of State for the purpose of making a relevant representation and referred to in the notices and publicity given in accordance with regulations 8 and 9 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009; “safeguarding map” has the meaning given in a direction made by the Secretary of State in exercise of the powers conferred by articles 16(4), 25(1), 29(6) and 39 of the Town and Country Planning (Development Management Procedure) (England) Order 2015. ## 3 Statutory parties (1) The persons specified as statutory parties for the purposes of section 88(3A) (initial assessment of issues, and preliminary meeting) of the Act are— (a) subject to paragraph (2), those listed in column 1 of the table in Schedule 1 in the circumstances described in the corresponding row of column 2; and (b) any affected person. (2) The persons listed in column 1 of the table in Schedule 1 marked with an asterix (*) are not statutory parties in respect of projects in England. ## 4 Relevant representations (1) For the purposes of section 102(4) (b) (interpretation of Chapter 4: “interested party” and other expressions) of the Act a relevant representation must be in the form of a registration form. (2) The registration form must include— (a) the name, address and any telephone number of the person registering; and (b) ... the principal submissions , and where practicable, the full particulars of the case which the person proposes to make in respect of the application. ## 5 Consent requirements which may be removed by orders (1) The consents and authorisations listed in column 2 of the table in Part 1 of Schedule 2, in relation to the enactment specified in the corresponding row of column 1 of that table, are prescribed for the purposes of section 150(1) (removal of consent requirements) of the Act in respect of England and Wales. (2) The consents and authorisations listed in column 2 of the table in Part 2 of Schedule 2, in relation to the enactment specified in the corresponding row of column 1 of that table, are prescribed for the purposes of section 150(1) (removal of consent requirements)of the Act in respect of Wales only. ## 6 Duration of order granting development consent (1) Development for which development consent is granted must be begun before the end of a period of five years beginning on the date on which the order granting development consent is made. (2) Where an order granting development consent authorises the compulsory acquisition of land, and a notice to treat is served under section 5 of the Compulsory Purchase Act 1965 or in Scotland under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, that notice must be served before the end of a period of five years beginning on the date on which the order granting development consent is made. ## 7 Exclusion from definition of “material operation” The measuring or marking out of a proposed road shall not be included within the meaning of “material operation” for the purposes of section 155 (when development begins) of the Act. ## 8 Application of the Public Health Act 1936 to notices of unauthorised development, etc, England and Wales (1) The provisions of sections 276 (power of local authority to sell certain materials), 289 (power to require occupier to permit work to be executed by owner) and 294 (limitation of liability of certain owners) of the Public Health Act 1936, apply in England and Wales in relation to steps required to be taken by a notice of unauthorised development, as if— (a) references to a local authority were references to the local planning authority who issued the notice; (b) references (in whatever form) to the execution of works under the Public Health Act 1936 were references to the taking of steps required to be taken under the notice; (c) references in section 289 to the occupier were references to a person having an interest in the premises other than the owner; and (d) reference in section 294 to “expenses under this Act” were a reference to expenses incurred in taking the preceding steps under the notice. (2) The expenses recoverable by a local planning authority under section 170(1) of the Act are, until recovered, a charge that is binding on successive owners of the land to which the notice of unauthorised development related and the charge shall take effect as from the date of the completion by the local planning authority of the steps required to be taken by the notice of unauthorised development. ## 9 Execution and cost of certain works in Scotland The provisions of section 135(5) to (9) of the Town and Country Planning (Scotland) Act 1997 shall apply in Scotland in relation to steps required to be taken by a notice of unauthorised development, as if— (a) references to an enforcement notice and to steps or work required by an enforcement notice were references to the notice of unauthorised development and to the taking of steps required to be taken under the notice of unauthorised development; and (b) references to expenses under section 135(7) to (9) of the Town and Country Planning (Scotland) Act 1997 were references to expenses recoverable under section 170(1) of the Act. ## 10 Revocations, transitional provision and consequential amendment (1) Subject to paragraph (2), the statutory instruments listed in the first column of the table in Schedule 3 are revoked to the extent specified in the corresponding row of the third column of the table. (2) The statutory instruments listed in Schedule 3 continue to have effect in relation to any application made to the Secretary of State before 6th April 2015. (3) In regulation 10(b) of the Infrastructure Planning (Compulsory Acquisition) Regulations 2010 for “the Infrastructure Planning (Interested Parties) Regulations 2010” substitute “the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015”. ## Signature Signed by authority of the Secretary of State for Communities and Local Government Brandon Lewis Minister of State Department for Communities and Local Government 3rd March 2015 ## Schedule 1 Statutory Parties Column 1: Statutory Party Column 2: Circumstances A person who manages any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies* All applications likely to impact on the property, rights and interests managed by the person to which section 90B(5) of the Scotland Act 1998 applies AONB Conservation Board; or relevant AONB Conservation Board All applications likely to affect an AONB in Scotland or a relevant AONB in England that is managed by a Conservation Board British Waterways Board All applications likely to have an impact on inland waterways or land adjacent to inland waterways in Scotland Canal & River Trust All applications likely to have an impact on inland waterways or land adjacent to inland waterways in England and Wales Civil Aviation Authority All applications relating to airports or which are likely to affect an airport or its current or future operation Coal Authority All applications that lie within areas of past, present or future coal mining Crown Estate Commissioners All applications likely to impact on the Crown Estate Disabled Persons Transport Advisory Committee* Applications likely to affect access to transport for disabled people Environment Agency All applications likely to affect land in England Equality and Human Rights Commission *(2) All applications likely to affect land in England and Wales Forestry Commission All applications likely to affect the protection or expansion of forests and woodlands in England ... Gas and Electricity Markets Authority * All applications likely to affect gas and electricity industry Health and Safety Executive All cases Historic England All applications likely to affect land in England Integrated Transport Authorities (ITAs) and Passenger Transport Executives (PTEs) All applications likely to affect transport within, to or from the relevant integrated transport area of the ITA or PTE Joint Nature Conservation Committee All applications likely to affect the marine Environment Marine Management Organisation All applications likely to affect the marine area in England and Wales Maritime and Coastguard Agency All applications likely to affect the maritime or coastal environment, or the shipping industry NHS England and the relevant integrated care board All applications likely to affect land in England and Wales National Health Service Trust All applications likely to affect land in Wales Natural England All applications likely to affect land in England Natural Resources Body for Wales All applications likely to affect land in Wales and all applications likely to affect the protection or expansion of forests and woodlands in Wales Office for Nuclear Regulation (ONR) All applications likely to affect matters relevant to the ONR’s purposes within the meaning of Part 3 of the Energy Act 2013 the Office of Rail and Road and approved operators* All proposed applications likely to affect the rail transport industry Passengers Council* Applications likely to affect rail passenger transport United Kingdom Health Security Agency, an executive agency of the Department of Health and Social Care All applications likely to involve chemicals, poisons or radiation which could potentially cause harm to people and are likely to affect significantly public health relevant fire and rescue authority* All cases relevant Health Board All applications likely to affect land in Scotland relevant Highways Authority All applications likely to have an impact on the road network or the volume of traffic in the vicinity of the proposal relevant internal drainage board All applications likely to increase the risk of flooding in that area or where the proposals relate to an area known to be an area of flood risk relevant local health board All applications likely to affect land in Wales relevant local resilience forum* All cases relevant Northern Ireland Department All applications likely to affect land in Northern Ireland relevant parish council or where the application relates to land in Wales or Scotland the relevant community council All cases relevant police and crime commissioner Applications in England outside of London and Wales relevant police authority Applications in London and Scotland Relevant statutory undertakers All applications likely to affect their functions as statutory undertakers relevant strategic highways company All applications likely to affect road or transport operation and/or planning on roads for which the strategic highways company is the highway authority relevant waste regulation authority* All applications likely to affect waste infrastructure Royal Commission on Ancient and Historical Monuments of Wales All applications likely to affect the historic environment in Wales Scottish Environment Protection Agency All applications likely to affect land in Scotland Scottish Fisheries Protection Agency* Applications likely to affect the fisheries industry in Scotland Scottish Government All applications likely to affect land in Scotland Scottish Human Rights Commission* All applications likely to affect land in Scotland Scottish Natural Heritage All applications likely to affect land in Scotland Secretary of State for Defence Applications in England likely to affect the current or future operation of a site identified in a safeguarding map and all developments in the marine area Secretary of State for Transport All applications likely to affect road or transport operation and/or planning on roads for which the Secretary of State for Transport is the highway authority Transport for London All applications likely to affect transport within, to or from Greater London Trinity House All applications likely to affect navigation in tidal waters Water Industry Commission of Scotland* All applications likely to affect the water industry in Scotland Water Services Regulation Authority* All applications likely to affect the water industry in England and Wales Welsh Ministers All applications likely to affect land in Wales Interpretation of table (a) “relevant”, in relation to a body, shall mean the body which has responsibility for the location where the proposed nationally significant infrastructure project will be sited; or in relation to Scotland and Wales only, has responsibility for an area which neighbours that location; and (b) Where an entry in the table is marked with an asterisk “*”, the body referred to is not a statutory party in respect of projects in England, in accordance with regulation 3(2). ## Schedule 2: Prescription of consents ## 1 Column 1: Act Column 2: Consent or Authorisation Wildlife and Countryside Act 1981 A licence under section 16 (power to grant licences) Gas Act 1986 A licence under section 7 (licensing of public gas transporters) A licence under section 7ZA (licences for operation of gas interconnectors) A licence under section 7A (licence of gas suppliers and gas shippers) Electricity Act 1989 A licence under section 6 (licences authorising supply etc) Land Drainage Act 1991 A consent under section 23 (prohibitions of obstructions etc in watercourses) Water Resources Act 1991 A licence under section 24 (restrictions on abstraction) A licence under section 25 (restrictions on impounding) A consent under section 32 (restrictions on abstraction) A drought order under section 73 (drought orders) A drought permit under section 79A (drought permits) A consent under byelaws made under paragraphs 5, or 6 of Schedule 25 (byelaw-making powers of the appropriate agency) A consent under section 109 (structures in, over or under a main river) Protection of Badgers Act 1992 A licence under section 10 (licences) Petroleum Act 1998 A licence under section 3 (to search and bore for and get petroleum) An authorisation under section 14 (for the construction and use of pipelines) Energy Act 2008 A licence under section 4 (importation and storage of combustible gas) A licence under section 18 (storage of carbon dioxide) An approval under section 46 (funded decommissioning programmes) Nuclear Industries Security Regulations 2003 An approval under regulation 5 (submission and approval of first security plans) An approval under regulation 6 (replacement, amendment and revocation of approved security plans) An approval under regulation 8 (temporary security plans during building works etc.) Justification of Practices Involving Ionising Radiation Regulations 2004 A justification under regulation 9 (consideration of new practices) A review of a justification decision under regulation 10 (review of existing practices) Conservation of Offshore Marine Habitats and Species Regulations 2017 A licence under regulation 55 (power to grant licences) Persistent Organic Pollutants Regulations 2007 An authorisation under regulation 8 (derogation) Conservation of Habitats and Species Regulations 2017 A licence under regulation 55 (licences for certain activities relating to animals or plants) Environmental Permitting (England and Wales) Regulations 2016 An environmental permit or an exemption from the requirement for such a permit Greenhouse Gas Emissions Trading Scheme Regulations 2012 A permit under Chapter 1 of Part 2 (permits) ## 2 Column 1: Act Column 2: Consent or Authorisation Inclosure Act 1852 An order under section 14 (direction by order that village greens, etc, shall not be fenced) Inclosure Act 1854 An order under section 5, 9 or 11 (exchanges etc, fencing etc) Inclosure Act 1857 An order under section 1(fences may be dispensed with) Commons Act 1876 A consent or authorisation required under byelaws or regulations made pursuant to section 15 (owners may make byelaws) Commons Act 1899 A consent or authorisation required under byelaws or regulations made pursuant to sections 1 and 10 (power for district council to make scheme for regulation of common; or provisions as to byelaws) Law of Property Act 1925 Imposition of limitations and conditions under section 193 (rights of public over commons and waste lands) Coast Protection Act 1949 A consent under section 16 (consent of coast protection authority required to carrying out of coast protection work) A licence under section 18 (prohibition of excavation etc., of materials on or under the seashore) National Parks and Access to the Countryside Act 1949 Authorisation under section 20 pursuant to byelaws (byelaws for protection of nature reserves) Pipe-lines Act 1962 A consent under section 15 (power to place pipe-lines in streets) Conservation of Seals Act 1970 A licence under section 10 (power to grant a licence) Protection of Wrecks Act 1973 A licence under section 1 (protection of sites of historic wrecks consent or licence) Health and Safety at Work Act 1974 Approval under section 16 (approval of codes of practice by the Executive) Salmon and Freshwater Fisheries Act 1975 A confirmation or variation of an order under section 26 (limitation of fishing licences). A consent under section 30 (introduction of fish into inland waters) Coity Wallia Commons Act 1976 A consent or Licence under section 6 or 10 . . . . . . Import of Live Fish (England and Wales) Act 1980 An order under section 1 (power to limit the import etc. of fish and fish eggs) Wildlife and Countryside Act 1981 A consent under section 28E (duties in relation to sites of special scientific interest.) An order under section 53 (duty to keep definitive map and statement under continuous review) Road Traffic Regulation Act 1984 An order for the regulation of traffic under section 1, 9, 14, 15 or 22BB (general provisions for traffic regulation: regulation in special cases) Food and Environment Protection Act 1985 A licence under section 8 (licences) Planning (Hazardous Substances) Act 1990 A consent under section 13 (application for hazardous substances consent without condition attached to previous consent) A consent under section 17 (revocation of hazardous substances consent on change of control of land) A consent under section 18 (determination of applications for continuation of hazardous substances consent) Town and Country Planning Act 1990 A consent under section 198 (power to make tree preservation orders) A consent under section 211 (preservation of trees in conservation areas) An order under section 247 (highways affected by development: orders by Secretary of State) An order under section 257 (footpaths, bridleways and restricted byways affected by development: orders by other authorities) Deer Act 1991 A licence under section 8 (exceptions for licensed persons) Water Industry Act 1991 An order under section 110A (new connections with public sewers) A consent under section 118 (consent required for discharge of trade effluent into public sewer) A consent under section 166 (consents for certain discharges under section 165) Water Resources Act 1991 A consent under section 164 (consents for certain discharges under section 163) Clean Air Act 1993 Approval under section 4 (requirement that new furnaces shall be so far as practicable smokeless) Approval under section 6 (arrestment plant for new non-domestic furnaces) An exemption from operation of section 6 under section 7 (exemptions from section 6) Approval under section 8 (requirement to fit arrestment plant for burning solid fuel in other cases) Exemption under section 14 ( height of chimneys for furnaces) Approval under section 15 (applications for approval of height of chimneys of furnaces) Approval of plans under section 16(2) (height of other chimneys) An exemption of fireplaces from the provisions of section 20 (prohibition on emission of smoke in smoke control area) Countryside and Rights of Way Act 2000 A consent or authorisation required under byelaws pursuant to section 17 (byelaws) Directions under section 24, 25, or 26 (land management; Avoidance of risk of fire or of danger to the public; or Nature conservation and heritage preservation) Historic Environment (Wales) Act 2023 A consent under section 12 and Schedule 3 (authorisation of classes of works) A consent under section 13 (authorisation of works by scheduled monument consent) Control of Pesticide Regulations 1986 A consent under regulation 6 (consents) Hedgerows Regulations 1997 A consent under regulation 5 (removal of hedgerows) Ionising Radiations Regulations 2017 Registration under regulation 6 (registration of certain practices) in relation to the use of electrical equipment intended to produce x-rays for the purpose of research or the exposure of persons for medical treatment, and consent under regulation 7 (consent to carry out specified practices) in relation to the practices specified in regulation 7(1)(d), (e) and (f) Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 A registration under regulation 9 (inventories of contaminated equipment) Radiation (Emergency Preparedness and Public Information) Regulations 2019 Any evaluation required under regulation 4 (hazard evaluation) Any assessment required under regulation 5 (consequence assessment) Any assessment required under regulation 6 (review of hazard evaluation and consequence assessment) Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 A consent under regulation 9 (restriction on abstracting or impounding water) . . . . . . Environmental Permitting (England and Wales) Regulations 2016 A permit under regulation 13, where that function is exercisable by a local authority pursuant to regulations 32 or 33 (grant of an environmental permit) ## Schedule 3 Revocations (1)Regulations Revoked (2) Reference (3) Extent of Revocation The Infrastructure Planning (Interested Parties) Regulations 2010 S.I. 2010/102 The whole Regulations The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 S.I. 2010/105 The whole Regulations The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 S.I. 2012/635 Regulation 4 The Local Policing Bodies (Consequential Amendments No 2) Regulations2012 S.I. 2012/2732 Regulation 5 The Infrastructure Planning (Miscellaneous Prescribed Provisions) (Amendment) Regulations 2013. S.1. 2013/ 520 The whole Regulations The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013 S.I. 2013/522 Regulation 4 Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 S.I 2014/469 Schedule 3, Part 5, Paragraph 199 ## Explanatory note (This note is not part of the Regulations) These Regulations consolidate with some amendments the provisions of the Infrastructure Planning (Interested Parties) Regulations 2010 (S.I. 2010/102) and the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 (S.I. 2010/105) and revoke the in whole or part, of the following instruments— The Infrastructure Planning (Interested Parties) Regulations 2010; The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010; The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012; The Local Policing Bodies (Consequential Amendments No 2) Regulations 2012; The Infrastructure Planning (Miscellaneous Prescribed Provisions) (Amendment) Regulations 2013; The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013; and The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order. Regulation 3 and Schedule 1 specify who is a statutory party in an examination of a nationally significant project under the Planning Act 2008 c.29 (“the Act”). Regulation 4 sets out what must be included in the registration form in order for a relevant representation to be made in relation to an application for an order granting development consent for a nationally significant infrastructure project. Such applications are made under section 37 of the Act. Regulation 5 and Schedule 2 set out the requirements for consents or authorisations that cannot be dis-applied by a development consent order without the approval of the relevant consenting body. Regulation 6 deals with matters relating to the duration of a development consent order. Regulation 7 removes the activity of measuring or marking out a proposed road from the definition of “material operation” for the purposes of section 155 of the Act. (Section 155 states that a development is taken to begin on the earliest date on which a material operation begins to be carried out). Regulation 8 applies provisions of the Public Health Act 1936 c.49 in relation to steps that might need to be taken in a case where there is a notice of unauthorised development. Regulation 9 applies equivalent provisions for Scotland. Transitional provision is made by regulation 10. An Impact Assessment has been prepared in relation to Schedule 2 of these Regulations. It has been placed in the library of each House of Parliament and can be viewed at http://www.legislation.gov.uk. An Impact Assessment has not been prepared for the rest of these regulations as the consolidation and minor amendments do not have an additional impact on business, charities or the public sector beyond what was examined in the Impact Assessment that accompanied the Planning Bill when it was introduced in Parliament on 27th November 2007. That Impact Assessment can be found on the Communities and Local Government website (http://www.communities.gov.uk). --- Source: https://www.legislation.gov.uk/uksi/2015/462 (the official version) Page: https://openlegislation.uk/infrastructure-planning-interested-parties-and-miscellaneous-prescribed-provisions-regulations-2015 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.