The following is published by the Department for Communities and Local Government to provide guidance on a range of matters relating to the application process.
Planning Act 2008: guidance related to procedures for the compulsory acquisition of land (Published by Department for Communities and Local Government September 2013)
This guidance is designed to assist those intending to make an application for a Development Consent Order under the Planning Act 2008 where their application seeks authorisation for the compulsory acquisition of land or rights over land. Its aim is to help applicants of major infrastructure projects understand the powers contained in the Planning Act, and how they can be used to best effect.
Awards of costs: examinations of applications for development consent orders (Published by Department for Communities and Local Government July 2013)
This guidance sets out general principles for awards of costs in relation to the examination of applications for orders granting development consent under the Planning Act 2008.
Planning Act 2008: examination of applications for development consent (Published by Department for Communities and Local Government April 2013)
This guidance is provided to ensure consistent application of examination procedures, and to promote fairness, transparency and proportionality. It also sets out the criteria which the Secretary of State will apply when deciding on the examination process for a specific application.
Planning Act 2008: associated development applications for major infrastructure projects (Published by Department for Communities and Local Government April 2013)
This guidance is designed to help those who intend to make an application for development consent under the Act to determine how the provisions in respect of associated development apply to their proposals.
Planning Act 2008: guidance on the pre-application process (Published by Department for Communities and Local Government January 2013)
Sets out the requirements and procedures for the pre-application process and consultation for major infrastructure projects. This document incorporates guidance from the ‘Planning Act 2008: Guidance for local authorities’ (Published by Department for Communities and Local Government in March 2010) that has now been withdrawn.
Planning Act 2008: Nationally significant infrastructure projects – Application form guidance (Published by Communities and Local Government September 2009)
Provides detailed guidance on how applicants should fill out and complete the application form for an Order granting Development Consent. This guidance was updated on 3 June 2013.
Planning Act 2008: The Infrastructure Planning (Fees) Regulations 2010 – Guidance (Published by Communities and Local Government February 2010)
Non-statutory guidance to aid interpretation of the Infrastructure Planning (Fees) Regulations 2010 and also to provide worked examples of how the fees work in practice. This guidance was updated on 3 June 2013.
Post-application changes (Received by Infrastructure Planning Commission 30 November 2011)
The Department for Communities and Local Government has confirmed that it does not plan to make further regulations under section 114(2) of the Planning Act. The Minister wrote to the Chair of the Commission in connection with post-application changes, and his letter can be read here.
Trans-European Energy Networks (TEN-E)
This Manual of Procedures produced by the Department of Energy and Climate Change sets out practical guidance for TEN-E Projects of Common Interest (PCI) project promoters (developers) and the general public who wish to understand the process for determining consents for PCIs.
Delegations
As part of the Government’s proposals to reduce unnecessary bureaucracy, the Growth and Infrastructure Act 2013 made amendments to the Planning Act 2008 (PA 2008) by, amongst other things, removing requirements under sections 127 and 138 PA 2008 to obtain certificates and consents from Secretaries of State responsible for certain statutory undertakers before a development consent order is made.
However, certification and consent requirements continue to apply to applications for development consent orders submitted to The Planning Inspectorate on or after 19 October 2012 but on or before 24 June 2013. (See transitional and savings provisions in articles 5 to 8 of the Growth and Infrastructure Act 2013 (Commencement No 1 Transitional and Saving Provisions) Order 2013). In order to ensure efficient examination of these applications, delegations have been established and arrangements clarified with Secretary of State departments for dealing with 127 certificates and s138 consents. The relevant correspondence is available to view below:
Department for Transport: responsible for statutory undertakers in the transport sector
Original delegation – Letter of 8 May 2012 from Martin Woods, Head of TWA Orders Unit, Department for Transport
Current agreed arrangements
Department of Energy & Climate Change: responsible for statutory undertakers in the electricity and gas sectors
Original delegation – Letter of 4 April 2012 from Giles Scott, Head of National Infrastructure Consents, Department for Energy and Climate Change
Current agreed arrangements
Department for Environment, Food and Rural Affairs: responsible for water and sewerage undertakers and certain other environmental bodies
Department for Business, Innovation and Skills: responsible for Royal Mail
Department of Health: responsible for certain health service organisations
Department for Communities and Local Government: responsible for the Homes and Communities Agency
Current agreed arrangements
Sections 132 and 132 of the Planning Act 2008 as amended – procedural information from DCLG
Department for Culture, Media and Sports: responsible for operators of an electronic communications code network