The Infrastructure Planning (Fees) (Amendment) Regulations 2026
The Infrastructure Planning (Fees) (Amendment) Regulations 2026 modify the existing 2010 Regulations concerning fees for nationally significant infrastructure projects, primarily by inserting standardized definitions for 'the land' and 'local authority' into the rules and by explicitly recognizing the local authority in whose area the land is situated as a Prescribed Public Authority entitled to charge fees for relevant services, with the regulations generally applying to England and Wales and specifically to cross-country oil or gas pipelines involving Scotland.
Arguments For
Clarifies which local authorities are entitled to charge infrastructure planning fees by explicitly defining 'the land' and inserting the 'host local authority' into the list of Prescribed Public Authorities.
Improves procedural clarity for fee recovery by ensuring the relevant local authority, where the proposed project land is located, is recognized within the fee structure set out by the 2010 Regulations.
Extends the scope of applicable regulations to specific cross-country oil/gas pipelines between England/Wales and Scotland, ensuring consistent regulatory application for complex infrastructure spanning borders.
Arguments Against
Potential for increased administrative burden on local authorities needed to formally establish themselves as a 'Prescribed Public Authority' eligible to charge fees under the amended regulations.
The amendment, while seemingly minor regarding definitions, adds complexity to the interpretation of fee liabilities for infrastructure projects straddling jurisdictional boundaries, potentially leading to disputes over which local authority has the primary charging right.
The limited geographical application to Scotland (only for specific cross-country pipelines) might create an uneven regulatory landscape for infrastructure planning compared to projects entirely within England or Wales.
STATUTORY INSTRUMENTS
2026 No. 513
INFRASTRUCTURE PLANNING
The Infrastructure Planning (Fees) (Amendment) Regulations 2026
| Made - - - | 13th May 2026 | |------------------------|-----------------| | Laid before Parliament | 15th May 2026 | | Coming into force - | 8th June 2026 |
The Secretary of State makes these Regulations in exercise of the power conferred by section 54A of the Planning Act 2008( 1 ).
This part confirms the legal status of the document as a Statutory Instrument, numbered 2026 No. 513, relating to Infrastructure Planning.
It sets out the official dates: made on May 13th, 2026, laid before Parliament on May 15th, 2026, and set to come into force on June 8th, 2026.
The Secretary of State enacted these rules using the authority granted by section 54A of the Planning Act 2008.
Citation, commencement and extent
- -(1) These Regulations may be cited as the Infrastructure Planning (Fees) (Amendment) Regulations 2026 and come into force on 8th June 2026.
- (2) These Regulations extend to England and Wales and (subject to paragraph (3)) to Scotland.
- (3) These Regulations extend to Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline-
- (a) one end of which is in England or Wales, and
- (b) the other end of which is Scotland.
This section details how the Regulations are referred to (cited) and when they become effective, which is June 8th, 2026.
The Regulations apply across England and Wales.
Their application to Scotland is limited specifically to cases involving the construction of oil or gas cross-country pipelines where one end is in England or Wales and the other end is in Scotland, excluding pipelines built by a gas transporter.
Amendments to the Infrastructure Planning (Fees) Regulations 2010
- The Infrastructure Planning (Fees) Regulations 2010( 2 ) are amended in accordance with regulations 3 and 4.
This instruction states that the purpose of this instrument is to make changes to the standing Infrastructure Planning (Fees) Regulations of 2010.
The specific modifications are detailed in the subsequent Regulations 3 and 4.
Amendment of regulation 2
- In regulation 2(1) (interpretation), after the definition of 'hearing' insert-
- ''the land' has the same meaning as in section 102(9);
'local authority' has the same meaning as in section 102(8).'.
This amends Regulation 2(1) by adding two new definitions within the interpretation section, placed immediately following the definition of 'hearing'.
It sets the meaning of 'the land' by referencing section 102(9) of the relevant Act.
Similarly, it establishes the meaning of 'local authority' by referencing section 102(8) of the same Act.
Amendment of Schedule 2
- In Schedule 2 (Prescribed Public Authorities)( 3 ), in the list of Prescribed Public Authorities, after 'Natural Resources Wales' insert 'A local authority in whose area the land is situated'.
This section modifies Schedule 2, which lists the Prescribed Public Authorities responsible for charging fees.
It inserts a new entry immediately following 'Natural Resources Wales'.
This new entry identifies 'A local authority in whose area the land is situated' as one of the prescribed authorities eligible to charge fees.
Signed by the authority of the Secretary of State for Housing, Communities and Local Government
13th May 2026
Matthew Pennycook Minister of State Ministry of Housing, Communities and Local Government
This is the concluding signature block, indicating the authority under which the regulations were made.
The signing party is Matthew Pennycook, Minister of State at the Ministry of Housing, Communities and Local Government, under the direction of the Secretary of State, dated May 13th, 2026.
EXPLANATORY NOTE
(This note is not part of the Regulations)
The Planning Act 2008 (c. 29) provides for the granting of development consent for certain types of nationally significant infrastructure projects.
These Regulations amend the Infrastructure Planning (Fees) Regulations 2010 (S.I. 2010/106) ('the 2010 Regulations'), which were made in part under the power within section 54A of the Planning Act 2008.
Regulation 3 inserts definitions of 'the land' and 'local authority' into the 2010 Regulations.
Regulation 4 amends Schedule 2 to the 2010 Regulations by inserting a local authority in whose area the land is situated (host local authorities) into the list of prescribed public authorities able to charge fees in relation to the provision of relevant services.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
The Explanatory Note clarifies that the underlying legislation concerns development consent for nationally significant infrastructure projects under the Planning Act 2008.
It confirms that the instrument amends the 2010 Fee Regulations by inserting specific definitions for 'the land' and 'local authority' (Regulation 3).
Regulation 4 ensures that the local authority hosting the project site is officially added to the list of bodies that can charge fees for their services (Regulation 4).
The note also states that a full impact assessment was unnecessary because no significant impact on the private, voluntary, or public sectors is anticipated.
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