# The Infrastructure Planning (Miscellaneous Provisions) Regulations 2024

S.I. 2024/332 · made 6 March 2024

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

Made under: Planning Act 2008 (Section 42, Section 51, Section 56, Section 102, Section 232)

PDFs: Printed copy https://openlegislation.uk/infrastructure-planning-miscellaneous-provisions-regulations-2024/pdf/uksi_20240332_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/infrastructure-planning-miscellaneous-provisions-regulations-2024/pdf/uksiem_20240332_en_001.pdf

## Introductory text

Infrastructure Planning
Made 6th March 2024
Laid before Parliament 8th March 2024
Coming into force 30th April 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 42(1)(a), 51(3), 56(2)(a), 102(4)(b) and (d) and 232(3) of the Planning Act 2008.

## 1 Citation, commencement, extent and interpretation

(1) These Regulations may be cited as the Infrastructure Planning (Miscellaneous Provisions) Regulations 2024 and come into force on 30th April 2024.
(2) Any amendment made by these Regulations has the same extent as the provision amended.
(3) In these Regulations—
“the Act” means the Planning Act 2008;
“the 2009 Regulations” means the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009;
“the 2015 Regulations” means the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015.

## 2 Amendment of the 2009 Regulations

(1) The 2009 Regulations are amended in accordance with paragraphs (2) and (3).
(2) In regulation 11 (advice), omit paragraph (3).
(3) For the Table in Schedule 1 substitute the Table in the Schedule to these Regulations.

## 3 Amendment to the 2015 Regulations

In regulation 4(2)(b) of the 2015 Regulations—
(a) omit “an outline of”, and
(b) after “submissions” insert “, and where practicable, the full particulars of the case”.

## 4 Transitional provisions

(1) The amendments in regulation 2 do not apply to any proposed application for an order granting development consent where the applicant has started to consult under section 42 of the Act before 30th April 2024.
(2) The amendments in regulation 3 do not apply to any application for an order granting development consent under section 37 of the Act made before 30th April 2024.

## Signature

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities
Lee Rowley
Minister of State
Department for Levelling Up, Housing and Communities
6th March 2024

## Table to be substituted for the Table in Schedule 1 to the 2009 Regulations

Table
Column 1; Consultee
Column 2; Circumstances when that person must be consulted about a proposed application
Column 3; Circumstances when that person must be notified about an application
Government
The Welsh Ministers (Welsh Government)
All proposed applications likely to affect land in Wales
All applications likely to affect land in Wales
The Scottish Executive (Scottish Government)
All proposed applications likely to affect land in Scotland
All applications likely to affect land in Scotland
The relevant Northern Ireland Department
All proposed applications likely to affect land in Northern Ireland
All applications likely to affect land in Northern Ireland
The Secretary of State for Defence
All proposed applications likely to affect the current or future operation of a site identified in a safeguarding map and all developments in the marine area
All applications likely to affect current or future operation of a site identified in a safeguarding map and all developments in the marine area
The relevant parish council, or, where the application relates to land in Wales or Scotland the relevant community council
All proposed applications
All applications
Environment
The Environment Agency
All proposed applications likely to affect land in England
All applications likely to affect land in England
The Scottish Environment Protection Agency
All proposed applications likely to affect land in Scotland
All applications likely to affect land in Scotland
Natural Resources Wales
All proposed applications likely to affect land in Wales
All applications likely to affect land in Wales
Natural England
All proposed applications likely to affect land in England
All applications likely to affect land in England
Scottish Natural Heritage (known as NatureScot)
All proposed applications likely to affect land in Scotland
All applications likely to affect land in Scotland
The Forestry Commission
All proposed applications likely to affect the protection or expansion of forests and woodlands in England
All applications likely to affect the protection or expansion of forests and woodlands in England
Relevant AONB Conservation Boards
All proposed applications likely to affect an AONB that is managed by a Conservation Board
All applications likely to affect an AONB that is managed by a Conservation Board
Historic Buildings and Monuments Commission for England (known as Historic England)
All proposed applications likely to affect land in England
All applications likely to affect land in England
Royal Commission on Ancient and Historical Monuments of Wales
All proposed applications likely to affect the historic environment in Wales
All applications likely to affect the historic environment in Wales
The Joint Nature Conservation Committee
All proposed applications likely to affect the marine environment
All applications likely to affect the marine environment
The Maritime and Coastguard Agency
All proposed applications likely to affect the maritime or coastal environment, or the shipping industry
All applications likely to affect the maritime or coastal environment, or the shipping industry
The relevant Internal Drainage Board
All proposed 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
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
The Canal & River Trust
All proposed applications likely to have an impact on inland waterways or land adjacent to inland waterways in England and Wales
All applications likely to have an impact on inland waterways or land adjacent to inland waterways in England and Wales
The British Waterways Board (known as Scottish Canals)
All proposed applications likely to have an impact on inland waterways or land adjacent to inland waterways in Scotland
All applications likely to have an impact on inland waterways or land adjacent to inland waterways in Scotland
Trinity House
All proposed applications likely to affect navigation in tidal waters
All applications likely to affect navigation in tidal waters
Transport
The relevant Highways Authority
All proposed applications likely to have an impact on the road network or the volume of traffic in the vicinity of the proposal
All applications likely to have an impact on the road network or the volume of traffic in the vicinity of the proposal
The Secretary of State for Transport
All proposed 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
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
Integrated Transport Authorities (ITAs) and Passenger Transport Executives (PTEs)
All proposed applications likely to affect transport within, to or from the relevant integrated transport area of the ITA or PTE
All applications likely to affect transport within, to or from the relevant integrated transport area of the ITA or PTE
Transport for London
All proposed applications likely to affect transport within, to or from Greater London
All applications likely to affect transport within, to or from Greater London
The Civil Aviation Authority
All proposed applications relating to airports, or which are likely to affect an airport or its current or future operation
All applications relating to airports or which are likely to affect an airport or its current or future operation
Health
The Health and Safety Executive
All proposed applications
All applications
The United Kingdom Health Security Agency, an executive agency of the Department of Health and Social Care
All proposed applications likely to involve chemicals, poisons or radiation which could potentially cause harm to people and are likely to affect significantly public health
All applications likely to involve chemicals, poisons or radiation which could potentially cause harm to people and likely to affect significantly public health
NHS England
All proposed applications likely to affect land in England and Wales
All applications likely to affect land in England and Wales
The National Health Service Trusts (Wales)
All proposed applications likely to affect land in Wales
All applications likely to affect land in Wales
The relevant Health Board (Scotland)
All proposed applications likely to affect land in Scotland
All applications likely to affect land in Scotland
The relevant local health board (Wales)
All proposed applications likely to affect land in Wales
All applications likely to affect land in Wales
Other
Relevant statutory undertakers
All proposed applications likely to affect their functions as statutory undertakers
All applications likely to affect their functions as statutory undertakers
The Coal Authority
All proposed applications that lie within areas of past, present, or future coal mining
All applications that lie within areas of past, present or future coal mining
The Crown Estate Commissioners
All proposed applications likely to impact on the Crown Estate
All applications likely to impact on the Crown Estate
The relevant police authority
All proposed applications
All applications
The relevant ambulance service
All proposed applications
All applications
The relevant fire and rescue authority
All proposed applications
All applications
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
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
Notes to Table
(a) “relevant”, in relation to a body (except a Northern Ireland Department), shall mean the body which has responsibility for the location where the proposals may or will be sited or has responsibility for an area which neighbours that location.
(b) “safeguarding map” has the meaning given in a direction made by the Secretary of State in exercise of the powers conferred by articles 18(4), 31(1), 34(8) and 45 of the Town and Country Planning (Development Management Procedure) (England) Order 2015.

## Explanatory note

(This note is not part of the Regulations)
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 (Applications: Prescribed Forms and Procedure) Regulations 2009 (“the 2009 Regulations”) and the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 (“the 2015 Regulations”).
Regulation 2(2) amends the 2009 Regulations to remove the provision prohibiting an appointed person who has been involved in giving advice under section 51 of the Act from being appointed to a Panel, or as a single appointed person responsible for examining the relevant application.
Regulation 2(3) amends the 2009 Regulations by substituting the table in Schedule 1 of the 2009 for a new table of persons prescribed for the purposes of sections 42(1)(a) (duty to consult) and 56(2) (notifying persons of accepted applications) of the Act.
Regulation 3 amends the 2015 Regulations by extending the requirement relating to the relevant representation registration form so that it must include the principal submissions which the person proposes to make in respect of the application and, where practicable, the full particulars of the case.
Regulation 4 contains transitional provisions. It provides that the amendments in Regulation 2 do not apply where the applicant has started to consult under section 42 of the Act, and the amendments to Regulation 3 do not apply to any applications made under section 37 of the Act, before 30th April 2024.
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.

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Source: https://www.legislation.gov.uk/uksi/2024/332 (the official version)
Page: https://openlegislation.uk/infrastructure-planning-miscellaneous-provisions-regulations-2024
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

