This is entry number 84, first published on 12 January 2010, of a blog on the implementation of the Planning Act 2008. Click here for a link to the whole blog. If you would like to receive blog updates by email, click here.
Today's entry reports the laying of the first of the 'third tranche' of statutory instruments before Parliament.
The fleshing out of the Planning Act 2008 regime by means of secondary legislation is to take place over four 'tranches', according to the latest 'route map' produced by the Department for Communities and Local Government. Two tranches are already in force. The third has been consulted upon and is planned to come into force on the same day as applications for nationally significant energy and transport projects must be sent to the Infrastructure Planning Commission (IPC), 1 March 2010. Full details of the four tranches are available from an earlier blog entry.
The first statutory instrument from the third tranche has recently been laid before Parliament. As it is subject to the affirmative procedure (Parliament must actively approve it rather than it coming into force as long as it is not objected to), it has been laid before Parliament in draft where it will wait for 40 days.
The SI is the Infrastructure Planning (Decisions) Regulations 2010, and can be found here. it sets out seven additional matters that the IPC (or, if no National Policy Statement is yet in place, the Secretary of State) must take into account before it makes a decision on an application.
The seven matters relate to listed buildings, conservation areas, ancient monuments, deemed consents under the Coast Protection Act 1949, deemed licences under the Food and Environment Protection Act 1985, hazardous substances and biological diversity.
The regulations did not change much as a result of the consultation. Regulations 4 and 5 were swapped over, and various additional matters covering Scotland were added.