Summary
These Regulations implement the Planning Act 2008's provisions for making non-material changes to development consent orders and for changing or revoking such orders for Nationally Significant Infrastructure Projects. They establish detailed procedural requirements including application contents, consultation obligations (with local authorities, statutory bodies, affected persons), publicity requirements (newspaper notices, website publication), fees (£6,891 for non-material changes), examination procedures by appointed persons, and decision-making by the Secretary of State. The regulations cover pre-application consultation, notification requirements, and the examination process for NSIP consent modifications.
Reason
These regulations impose extensive bureaucratic burdens that deter modifications to approved infrastructure projects, effectively locking in initial decisions regardless of changed circumstances. The £6,891 fee for non-material changes, combined with mandatory consultation periods, newspaper advertisements, website publication requirements, and multi-stage approval processes, creates substantial transaction costs that discourage legitimate improvements to infrastructure. This regulatory lock-in effect reduces the flexibility needed for projects to adapt to technological advances, changed economic conditions, or improved designs. While stakeholder consultation has merit, the cumulative compliance burden here exceeds what is necessary to protect legitimate interests, raising costs for infrastructure development without proportional democratic accountability — particularly given that thousands of retained EU-derived laws remain unreviewed while these domestic planning procedures compound delay.