The Infrastructure Planning (Business or Commercial Projects) Regulations 2013 - Draft

A draft of the Infrastructure Planning (Business or Commercial Projects) Regulations 2013 has been laid before Parliament.

Section 26 of the Growth and Infrastructure Act 2013 amended Part 4 of the Planning Act 2008 to enable business or commercial projects of a prescribed description to be authorised under the planning regime that currently applies to nationally significant infrastructure projects. These Regulations contain that prescribed description. The description is a project (or proposed project) which

a) consists wholly or mainly of either or both of the following—

(i) the construction of buildings or facilities for use for the purposes of one or more of the matters in the Schedule to these Regulations;

(ii) the winning and working of minerals in, on or under land; and

(b) does not include—

(i) the winning or working of peat, coal, oil or gas, or

(ii) the construction of one or more dwellings.

The schedule to the regulations lists the following matters

  1. Office use.
  2. Research and development of products or processes.
  3. An industrial process or processes.
  4. Storage or distribution of goods.
  5. Conferences.
  6. Exhibitions.
  7. Sport.
  8. Leisure.
  9. Tourism.

Development forming part of a project falling with the prescribed description can be authorised under that planning regime if that project meets the other requirements in section 35 of the Act and the Secretary of State gives a direction under that section. The Secretary of State can only make a direction if the Secretary of State thinks that the project is of national significance.

Date: 01/11/2013 Date of issue

Author: CLG

DCP link: This item updates DCP section 26.4


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