Appendix 8
S.I. 2011/2055: memorandum from the Department
for Communities and Local Government
Infrastructure Planning (Changes to, and Revocation
of, Development Consent Orders) Regulations 2011 (S.I. 2011/2055)
1. The Committee has requested a memorandum on
the following points:
Explain the meaning of the term "linear scheme"
as used in regulations 14(4) and 36(6)(d) and why it appears not
to be defined.
2. The Planning Act 2008 ("the Act")
established the Infrastructure Planning Commission and provides
for the granting of development consent for certain types of nationally
significant infrastructure projects ("NSIPs").
3. The meaning of NSIP is defined in section
14 of the Act where it lists the projects which are NSIPs. These
include among other things the construction of facilities such
as a generating station, rail freight interchange, hazardous waste
facility, and others such as the installation of electric lines,
the construction of gas transporter pipeline, highway, railway,
which are linear schemes. It is clear from the context in which
the term is used which NSIPs are "linear schemes" because
it is followed by the words "exceeding 5 kilometres".
4. Section 153 of and Schedule 6 to the Act contain
provisions concerning changes to, and the revocation of orders
granting development consent for nationally significant infrastructure
after they have been granted. These Regulations set out procedural
provisions in respect of applications under Schedule 6 to the
Act, their consideration and determination.
5. The term 'linear scheme' has been used in
other regulations concerning NSIPs. For example, in the Infrastructure
Planning (Applications: Prescribed Forms and procedure) Regulations
2009 S.I. No. 2264:-
- regulation 5(2)(j)(i) states "the proposed
location or (for a linear scheme) the proposed route and alignment
of the development and works"; and
- regulation 9(3) states "Where the proposed
development consists of, or includes, a linear scheme exceeding
five kilometres in length,…".
6. The latter wording is the same as that used
in these Regulations.
7. The term 'linear scheme' is a standard term
used and understood by those involved in the development and provision
of NSIPs, including businesses, contractors, statutory undertakers
and local authorities.
8. We consider that when considered in the context
of the Act and the development consent regime which it established,
it is clear which NSIPs are linear schemes and, therefore subject
to regulations 14(4) and 36(6)(d). It is for this reason that
it was not considered necessary to define the term "linear
scheme".
Department for Communities and Local Government
25th October 2011
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