Explanatory note

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

These Regulations set out the timetable for deciding a qualifying request for a direction given under section 35B(1) of the 2008 Act, which disapplies the requirement for development consent.

Regulation 2 requires the Secretary of State to make a decision on a qualifying request before the end of the period of 35 days beginning with the day on which the request is received, subject to regulation 3.

Regulation 3 provides that if the Secretary of State requests information for the purposes of making their decision, any information must be provided before the secondary deadline and the Secretary of State must make a decision on the request within 35 days, beginning with the day after the secondary deadline or the day after any information is received, whichever is sooner.

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.