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 (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.