Legislation

Here you can view the legislation which governs the application process, including:

Please note, links below will open the relevant legislation on the legislation.gov.uk website.

Primary legislation

planning act 2008 thumbnailPlanning Act 2008 as amended by the Marine and Coastal Access Act 2009, the Localism Act 2011 and the Growth and Infrastructure Act 2013 (Received Royal Assent 26 November 2008)

The primary legislation which established the legal framework for applying for, examining and determining applications for Nationally Significant Infrastructure Projects taking into account the guidance in National Policy Statements.

Coast and Marine Access Act 2009 thumbnailMarine and Coastal Access Act 2009 (Received Royal Assent 12 November 2009)

The primary legislation which, amongst other matters, amends certain provisions of the Planning Act 2008 including sections 42 and 104, repeals sections 148 and 149 and inserts a new section 149A.

Localism Act thumbnailLocalism Act 2011 (Received Royal Assent 15 November 2011)
The Act abolishes the Infrastructure Planning Commission and transfers the decision making powers of the Commission to the Secretary of State. The Act also makes a number of amendments to the Planning Act 2008 which have the effect of altering some aspects of the procedure for seeking development consent for nationally significant infrastructure projects.
Growth and Infrastructure Act thumbnailGrowth and Infrastructure Act 2013 (Received Royal Assent 25 April 2013)
An Act to make provision amongst other things in connection with facilitating or controlling the provision or use of infrastructure, the carrying-out of development, and the compulsory acquisition of land.

Secondary legislation

The Infrastructure Planning (Business or Commercial Projects) Regulations 2013 thumbnailThe Infrastructure Planning (Business or Commercial Projects) Regulations 2013 (came into force 18 December 2013)

Section 26 of the Growth and Infrastructure Act 2013 amended Part 4 of the Planning Act 2008 to enable business or commercial projects of a prescribed description to be authorised under the planning regime that currently applies to nationally significant infrastructure projects. These Regulations contain that prescribed description.

The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013 thumbnailThe Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013 (came into force 25 November 2013)

These Regulations relate to orders for development consent under the Planning Act 2008 and to consents under section 36 of the Electricity Act 1989 for the construction of combustion plants with a rated electrical output of 300 megawatts or more (and for extensions to combustion plants which will have the effect of increasing the rated electrical output of the plant to 300 megawatts or more).

The Highway and Railway (Nationally Significant Infrastructure Project) Order 2013 thumbnailThe Highway and Railway (Nationally Significant Infrastructure Project) Order 2013 (Made 24 July 2013)

Amendments to section 22 (Highways) and section 25 (Railways) of the Planning Act 2008.

The Planning Act 2008 (Nationally Significant Infrastructure Projects) (Electric Lines) Order 2013 thumbnailThe Planning Act 2008 (Nationally Significant Infrastructure Projects) (Electric Lines) Order 2013 (Made 17 July 2013)

Amendments to s16(3) of the Planning Act 2008, describing situations where an electric line may not be considered as a NSIP.

The Growth and Infrastructure Act 2013 (Commencement No. 1 and Transitional and Saving Provisions) Order 2013 thumbnailThe Growth and Infrastructure Act 2013 (Commencement No. 1 and Transitional and Saving Provisions) Order 2013 (Made 8 May 2013)

Bringing into force certain provisions of the Growth and Infrastructure Act relating to nationally significant infrastructure projects.

The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 thumbnailThe Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (Came into force 1 April 2012)

The Consequential Amendments Regulations 2012 have the effect, in consequence of changes brought about by the Localism Act 2011, of amending any reference in legislation to “Infrastructure Planning Commission” (or the “Commission”) and substituting with “Secretary of State”. These regulations also remove the requirement (under the Infrastructure Planning (Applications: Prescribed Forms And Procedures) Regulations 2009) for applicants to show in their Explanatory Memorandum any divergences from the model provisions.

The Localism Act 2011 (Commencement No. 4 and Transitional, Transitory and Saving Provisions) Order 2012 thumbnailThe Localism Act 2011 (Commencement No. 4 and Transitional, Transitory and Saving Provisions) Order 2012 (Made 1 March 2012)

Article 7 brings into effect on 1 April 2012 sections 128 to 142, Schedule 13 and parts 20 and 21 of Schedule 25 of the Localism Act (including provisions for abolition of the Infrastructure Planning Commission).

The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 thumbnailThe Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 as amended by the Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2012 and the Consequential Amendments Regulations 2012 (Came into force 1 October 2009)

Sets out the procedures that must be followed so that the consideration of applications for Nationally Significant Infrastructure Projects fully reflect the requirements of European Council Directive 85/337/EEC – as amended – on the assessment of the effects of certain private and public projects on the environment (The ‘EIA Directive’).

The Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2012 thumbnailThe Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2012 (Came into force 13 April 2012) (PDF 56 KB)

These regulations amend the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009.

The Infrastructure Planning (Transitional Provisions) Direction 2012 thumbnailThe Infrastructure Planning (Transitional Provisions) Direction 2012 (Came into force 1 April 2012) (PDF 43 KB)

Direction made on behalf of the Secretary of State setting out the transitional arrangements for applications and proposed applications.

The Infrastructure Planning (National Policy Statement Consultation) Regulations 2000 thumbnailThe Infrastructure Planning (National Policy Statement Consultation) Regulations 2009 (Came into force 22 June 2009)

Sets out all the persons and organisations which must be consulted before a draft National Policy Statement can be designated by the government and can then be taken into account by the Planning Inspectorate in making recommendations on applications for Nationally Significant Infrastructure Projects.

The Infrastructure Planning (Applications: Prescribed Forms And Procedures) Regulations 2009 thumbnailThe Infrastructure Planning (Applications: Prescribed Forms And Procedures) Regulations 2009 as amended by the Consequential Amendments Regulations 2012 (Came into force 1st October 2009)

Sets out the detailed procedures which must be followed for submitting and publicising applications for Nationally Significant Infrastructure Projects.

The Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 thumbnailThe Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 (Came into force 1 October 2009)

The Localism Act 2011 (‘the 2011 Act’) has the effect of removing the Secretary of State’s power to prescribe and the duty to have regard to model provisions, hence the Model Provisions Order will no longer have any formal status from 1 April 2012. The requirement on applicants’ in their Explanatory Memorandum, submitted with an application for development consent, to show “..any divergences from the model provisions” is also removed by secondary legislation made under the 2011 Act. Although the Secretary of State may prescribe non-compulsory model provisions, for example by publishing Guidance, he has not done so to date. The Planning Inspectorate considers that it may though still be useful and helpful for applicants to show how and why they have departed from the Model Provisions Order in their applications.

The Conservation (Natural Habitats, &c.) (Amendment) (No. 2) Regulations 2009 thumbnailThe Conservation (Natural Habitats, &c.) (Amendment) (No. 2) Regulations 2009 (Came into force 1 October 2009)

The Conservation of Habitats and Species Regulations 2010 have the effect of revoking the Conservation (Natural Habitats etc) (Amendments) (No 2) Regulations 2009 with the exception of Regulation 6(2)).

The Conservation of Habitats and Species Regulations 2010 thumbnailThe Conservation of Habitats and Species Regulations 2010 as amended by the Consequential Amendments Regulations 2012 (Came into force 1 April 2010)

Set out the procedures that must be followed so that the consideration of applications for Nationally Significant Infrastructure Projects fully reflect the requirements of European Council Directive 94/43/EEC – as amended – on the conservation of natural habitats and of wild flora and fauna (The ‘Habitats Directive’). These Regulations consolidate the Conservation (Natural Habitats &c) Regulations 1994 and revoke the Conservation (Natural Habitats etc) (Amendments) (No 2) Regulations 2009 with the exception of Regulation 6(2).

The Conservation of Habitats and Species (Amendment) Regulations 2012 thumbnailThe Conservation of Habitats and Species (Amendment) Regulations 2012 (Came into force 16 August 2012)

Amongst other matters, these regulations amend the The Conservation of Habitats and Species Regulations 2010 (“the Habitats Regulations”) so as to place new duties on public bodies to take measures to preserve, maintain and re-establish habitat for wild birds and also make a number of further amendments to the Habitats Regulations to ensure certain provisions of Directive 92/43/EEC (“the Habitats Directive”) and Directive 2009/147/EC (“the Wild Birds Directive”) are transposed clearly into domestic Law.

Interested Parties Regulations thumbnailThe Infrastructure Planning (Interested Parties) Regulations 2010 as amended by the Consequential Amendments Regulations 2012 (Came into force 1 March 2010)

Defines various terms and lists ‘statutory parties’ for the purposes of s.102 of the Planning Act 2008.

Prescribed Consultees and Interested Parties amendment regulationsThe Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013 (Came into force 6 April 2013)

These Regulations amend five statutory instruments relating to major infrastructure:
The Infrastructure Planning (National Policy Statement Consultation) Regulations 2009
The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
The Infrastructure Planning (Interested Parties) Regulations 2010
The Infrastructure Planning (Compulsory Acquisition) Regulations 2010 and
The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011
This amends the lists of bodies contained in those Regulations, so as to reduce the number of bodies, and also includes relevant transitional provisions.

Examination Procedure Rules thumbnailThe Infrastructure Planning (Examination Procedure) Rules 2010 as amended by the Consequential Amendments Regulations 2012 (Came into force 1 March 2010)

Rules which prescribe the procedure to be followed in connection with an examination of an application for development consent. Procedures to be followed after the completion of the examination or quashing of a decision also included.

Compulsory Acquisition Regulations thumbnailThe Infrastructure Planning (Compulsory Acquisition) Regulations 2010 as amended by the Consequential Amendments Regulations 2012 (Came into force 1 March 2010)

Sets procedure which must be followed if there is proposed compulsory acquisition of land not identified in a book of reference submitted with an application.

Miscellaneous Prescribed Provisions Regulations thumbnailThe Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 as amended by The Infrastructure Planning (Miscellaneous Prescribed Provisions) Amendment Regulations 2013 (Came into force 1 March 2010)

Deals with various miscellaneous matters under the Planning Act 2008 including a list of prescribed consents under s.150 of the Planning Act 2008.

Miscellaneous Prescribed Provisions amendment regulationsThe Infrastructure Planning (Miscellaneous Prescribed Provisions) (Amendment) Regulations 2013 (Came into force 6 April 2013)

These Regulations amend the schedule to the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010, with the effect that some consents which were prescribed for the purpose of S150 of the PA2008 in both England and Wales are now prescribed in Wales only. These Regulations have the effect of removing 16 consents from the England and Wales list.

Fees Regulations thumbnailThe Infrastructure Planning (Fees) Regulations 2010 as amended by the Consequential Amendments Regulations 2012 (Came into force 1 March 2010)

Regulations prescribing the fees payable to the Planning Inspectorate in respect of an application for development consent.

Fees Regulations amendment thumbnailThe Infrastructure Planning (Fees) (Amendment) Regulations 2013 (Came into force 6 April 2013)

These Regulations amend the Infrastructure Planning (Fees) Regulations 2010 and are intended to provide clarity about the days that can be counted in calculating the final payment for the handling of an application for development consent.

Decisions Regulations thumbnailThe Infrastructure Planning (Decisions) Regulations 2010 as amended by the Consequential Amendments Regulations 2012 (Came into force 1 March 2010)

Regulations prescribing the procedure for making decisions in respect of applications for development consent.

Exempt Installations thumbnailThe Overhead Lines (Exempt Installations) Order 2010 (came into force 1 March 2010)

This Order amends s16(3) of the Planning Act 2008, describing situations when electric lines may not be considered as an NSIP.

Exempt Installations Consequential Provisions thumbnailThe Overhead Lines (Exempt Installations) (Consequential Provisions) Order 2010 (came into force 1 March 2010)

This Order takes into account the changes made within The Overhead Lines (Exemption) Regulations 2009.

The Overhead Lines Exemption thumbnailThe Overhead Lines (Exemption) (England and Wales) Regulations 2009 (came into force 6 April 2009)

Amendments to exemption regulations taking into account consent under the Planning Act 2008.

Railways Designation thumbnailThe Planning Act 2008 (Railways Designation) Order 2010 (came into force 1 March 2010)

Designations for section 25 of the Planning Act 2008.

Commencement No. 1 and Savings Order 2009The Planning Act 2008 (Commencement No. 1 and Savings) Order 2009 (made – 25 February 2009)

Brings specified provisions of the Planning Act 2008 into force on 6 April 2009.

Commencement No. 1 Order 2009The Planning Act 2008 (Commencement No. 1) (England) Order 2009 (made – 20 May 2009)

Brings specified provisions of the Planning Act 2008 into force on 23 June 2009.

Commencement No. 2 Order 2009The Planning Act 2008 (Commencement No. 2) Order 2009 (made – 1 September 2009)

Brings specified provisions of the Planning Act 2008 into force on 1 October 2009.

Commencement No. 3 Order 2009The Planning Act 2008 (Commencement No. 3) Order 2009 (made – 21 September 2009)

Brings specified provisions of the Planning Act 2008 into force on 1 October 2009.

Commencement No.4 thumbnailThe Planning Act 2008 (Commencement No.4 and Saving) Order 2010 (made 25 January 2010)

Brings specified provisions of the Planning Act 2008 into force on 1 March 2010.

Commencement No5 and Saving order 2010The Planning Act 2008 (Commencement No. 5 and Saving) Order 2010 (made 3 March 2010)

Brings specified provisions of the Planning Act 2008 into force on 6 April 2010.

Commencement No. 6 Order 2011The Planning Act 2008 (Commencement No. 6) Order 2011 (made 8 March 2011)

Brings specified provisions of the Planning Act 2008 into force on 6 April 2011.

Commencement No. 7 Order 2011The Planning Act 2008 (Commencement No. 7) Order 2011 (made 18 August 2011)

Brings specified provisions of the Planning Act 2008 into force on 1 October 2011.

Changes to, and Revocation of, Development Consent OrdersThe Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 as amended by the Consequential Amendments Regulations 2012 (Came into force 1 October 2011)

The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011, which came into force on 1 October 2011, set out the procedures to be followed where a change to, or revocation of, a granted Development Consent Order is proposed. These procedures, which relate to the provisions of section 153 and Schedule 6 of the Planning Act 2008, deal with both non-material and other proposed changes to granted DCOs. These Regulations also, amongst other matters, include procedures relating to the assessment of the compensation payable under paragraph 6 of Schedule 6, and amend the Infrastructure Planning (Compulsory Acquisition) Regulations 2010.

Waste Water Transfer and StorageThe Infrastructure Planning (Waste Water Transfer and Storage) Order 2012 (Came into force 23 June 2012)

The Secretary of State for the Department of Communities and Local Government (DCLG) has by an Order made under s14 (3) of the Planning Act 2008 (the 2008 Act): ‘The Infrastructure Planning (Waste Water Transfer and Storage) Order 2012′ – which came into force on 23 June 2012 – amended s14(1) of the 2008 Act, by consequence of regulation 2 to that Order, to extend the categories of infrastructure project which are nationally significant for the purposes of the 2008 Act by adding to them, subject to section 29 of the 2008 Act: ‘the construction or alteration of infrastructure for the transfer or storage of waste water.