Hansard

Infrastructure Planning (Applications, Prescribed Forms and Procedures) Regulations 2009

Volume 716: debated on Wednesday 6 January 2010

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Question

Asked by

Lord Taylor of Holbeach

To ask Her Majesty's Government why the definition of “special category land” in regulation 2 of the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 (SI 2009/2264) differs from the definition in article 30(3) of the Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 (SI 2009/2265). [HL711]

The Parliamentary Under-Secretary of State, Department for Communities and Local Government & Department for Work and Pensions
(Lord McKenzie of Luton)

These statutory instruments serve different purposes. The Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 govern the process of making an application for development consent and so the definition of “special category of land” captures all land which is potentially relevant.

The Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 sets out guidance for the types of provision which might be included in an order granting development consent. The model provision at article 30 suggests a reference to the book of reference as it is in existence when an order granting development consent is made.