SI 2026/735 - The Infrastructure Planning (Development Consent) (Miscellaneous Amendments) Regulations 2026

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. This Statutory Instrument has been made in consequence of defects in S.I. 2009/2264 and S.I. 2017/572 and is being issued free of charge to all known recipients of those Statutory Instruments. STATUTORY INSTRUMENTS 2026 No. 735 INFRASTRUCTURE PLANNING The Infrastructure Planning (Development Consent) (Miscellaneous Amendments) Regulations 2026 Made - - - - 30th June 2026 Laid before Parliament 3rd July 2026 Coming into force - - 24th July 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 37(3) (b) and (d), 48(1), 56(2), (3) and (7), 58(2), 59(2) and (3) and 232(3)(b) of, and paragraphs 4(1), (4) and (6) of Schedule 6 to, the Planning Act 2008(1). Citation, commencement and extent 1.—(1) These Regulations may be cited as the Infrastructure Planning (Development Consent) (Miscellaneous Amendments) Regulations 2026. (2) These Regulations come into force on 24th July 2026. (3) Any amendment made by these Regulations has the same extent as the provision amended. Amendment of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 2.—(1) The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(2) are amended as follows. (2) In regulation 2 (interpretation), in paragraph (1), omit the definition of “preliminary environmental information”. (3) In regulation 4 (publicising a proposed application), in paragraph (3)— (1) 2008 c. 29. Section 48 is amended by section 6(6) of the Planning and Infrastructure Act 2025 (c. 34) (“the 2025 Act”) so as to remove the requirement in section 48(2) that regulations under section 48(1) must make provision for publicity to include a deadline for receipt by the applicant of responses to the publicity. Section 6 of the 2025 Act is brought into force on 24th July 2026 by the Planning and Infrastructure Act 2025 (Commencement No. 4 and Transitional Provisions) Regulations 2026 (S.I. 2026/641 (C. 52)). (2) S.I. 2009/2264. Relevant amendments were made by S.I. 2010/439, 602, 2012/635, 2654, 2732, 2013/522, 755, 2014/469, 2381, 2015/377, 1682, 2017/524, 572, 2018/378, 2019/734, 2020/1534, 2021/978, 2022/634, 2023/1071 and 2024/332.Document Generated: 2026-07-06 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) in sub-paragraph (f), omit “(being a date not earlier than the deadline in sub- paragraph (i))”; (b) at the end of sub-paragraph (f), after the semicolon insert “and”; (c) omit sub-paragraph (h) and the “and” following that sub-paragraph; (d) omit sub-paragraph (i). (4) In regulation 5 (applications for orders granting development consent), omit paragraph (5). (5) In regulation 8 (notice of accepted application), in paragraph (2)(j), omit “if the notice is given on or after the 1st of March 2010,”. (6) In regulation 9 (publicising an accepted application), in paragraph (4)(i), omit “if the notice is published on or after the 1st March 2010,”. (7) Omit regulation 12 (transitional matters). (8) In Schedule 1, in the title of column 1 of the table, for “Consultee” substitute “Persons to be notified”. (9) In Schedule 2, for the application form headed “Application for development consent for nationally significant infrastructure under the Planning Act 2008” substitute the application form set out in Schedule 1 to these Regulations. (10) In Schedule 3, for the form headed “Certificate of compliance with section 56 of the Planning Act 2008” substitute the form set out in Schedule 2 to these Regulations. (11) In Schedule 4, for the form headed “Certificate of compliance with section 59 of the Planning Act 2008” substitute the form set in out Schedule 3 to these Regulations. Amendment of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 3.—(1) The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011(3) are amended as follows. (2) In regulation 2 (interpretation), in paragraph (1)— (a) in the definition of “EIA development”, for “2(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (4)” substitute “3(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (5)”; (b) in the definition of “interested party”, in sub-paragraph (c), for “43” substitute “56A”; (c) in the definition of “relevant local authority”— (i)for “43” substitute “56A”; (ii)for “section 42(1)(b)” substitute “sections 56(2)(b) and 60(2)(a)”. (3) In regulation 10 (duty to consult), in paragraph (1)(c)(iii), for “44” substitute “57”. (4) In regulation 17 (EIA development)— (a) in paragraph (1)— (i)in the words before sub-paragraph (a), for “Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (6)” substitute “Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (7)”; (3) S.I. 2011/2055. Relevant amendments were made by S.I. 2012/635 and 2015/760. (4) S.I. 2009/2263. (5) S.I. 2017/572. Regulation 3 is amended by section 6(10)(a) of the Planning and Infrastructure Act 2025 (c. 34) and S.I. 2018/695, 1232 and 2025/82. (6) S.I. 2009/2263. (7) S.I. 2017/572. Regulation 8 is amended by section 6(10)(b) of the Planning and Infrastructure Act 2025 (c. 34) and S.I. 2018/695. 2Document Generated: 2026-07-06 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (ii)in sub-paragraph (a), for “3” substitute “4”; (iii)in sub-paragraph (b), for “6” substitute “8”; (iv)in sub-paragraph (c), for “8” substitute “10”; (v)in sub-paragraph (d), for “18” substitute “22”; (vi)in sub-paragraph (e), for “19” substitute “24”; (b) in paragraph (2)(c), for “the “consultation under section 42”” substitute ““publicising the proposed application under section 48””. Signed by authority of the Secretary of State for Housing, Communities and Local Government Matthew Pennycook Minister of State Ministry of Housing, Communities and Local 30th June 2026 Government 3Document Generated: 2026-07-06 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Schedules Schedule 1 Regulation 2(9) Substitution of application form in Schedule 2 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 4Document Generated: 2026-07-06 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 5Document Generated: 2026-07-06 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 6Document Generated: 2026-07-06 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 7Document Generated: 2026-07-06 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 8Document Generated: 2026-07-06 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 9Document Generated: 2026-07-06 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 10Document Generated: 2026-07-06 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Schedule 2 Regulation 2(10) Substitution of form in Schedule 3 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 11Document Generated: 2026-07-06 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 12Document Generated: 2026-07-06 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Schedule 3 Regulation 2(11) Substitution of form in Schedule 4 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 13Document Generated: 2026-07-06 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 14Document Generated: 2026-07-06 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (S.I. 2009/2264) (“the 2009 Regulations”) and the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 (S.I. 2011/2055) (“the 2011 Regulations”). Regulation 2 amends the 2009 Regulations and regulation 3 amends the 2011 Regulations. Several of the amendments are consequential on changes to the pre-application consultation requirements for nationally significant infrastructure projects under the Planning Act 2008 (c. 29) (“the 2008 Act”), as amended by the Planning and Infrastructure Act 2025 (c. 34) (“the 2025 Act”). The Regulations also make changes to update cross-references to related statutory instruments, along with other minor and correctional amendments. An impact assessment has not been published for these Regulations as no significant impact on the private, voluntary or public sector is foreseen arising from the provisions these Regulations amend. An impact assessment has been published in relation to the 2025 Act, which considers the impact of changes to the pre-application consultation requirements for nationally significant infrastructure projects under the 2008 Act. Copies of that impact assessment can be obtained from the Ministry of Housing, Communities and Local Government, Home Office Building, 2 Marsham Street, London SW1P 4DF, or from: https://assets.publishing.service.gov.uk/media/6819bf013c3bba3526f03b99/ Overarching_IA_-_Planning_and_Infrastructure_Bill.pdf. 15