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Major Infrastructure Planning
Dr Pauleen Lane CBE, Deputy Chair, IPC
22 July 2011
Major Infrastructure Planning Localism Bill 2010-11 Dr Pauleen Lane - - PowerPoint PPT Presentation
Major Infrastructure Planning Localism Bill 2010-11 Dr Pauleen Lane - - PowerPoint PPT Presentation
Major Infrastructure Planning Localism Bill 2010-11 Dr Pauleen Lane CBE, Deputy Chair, IPC 22 July 2011 The case for radical change Heathrow Terminal 5 Thameslink Belvedere energy from waste Southampton Docks Overriding objective To create
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Overriding objective To create a planning system for national infrastructure which has the support of all concerned.
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Key characteristics of PA2008
– Created IPC, NPSs and NSIPs – Rigorous pre-application and application procedure – focus on local authority and community engagement – Inquisitorial approach – primarily written representations – Timescales in law for examination and recommendation/decision – Specification of criteria for decision – s104 and s105 – Integral compulsory acquisition procedure
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The Planning Act 2008
1 2 3 4 5 6
Pre Application
IPC Acceptance Pre- Examination Examination Decision
Post Decision
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National Policy Statements
– Overall energy policy – Renewables – Fossil – Electricity networks – Oil and gas – Nuclear Designated 19thJuly 2011
– Ports – National networks – Airports [?] –Waste water –Hazardous waste –Water supply [?]
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4 Nuclear 18 Wind farms 19 Energy (other)
e.g. biomass, electric lines, gas pipelines, waste to energy etc
9 Transport
e.g. railway, road improvements
1 Waste water
The challenge
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1.1
The applications
5 10 12 7 4 4 6 2 1 8 2 1
Energy (47) Transport (10)
4 5
Waste Water (2)
2 Offshore wind farms Onshore wind farms Nuclear power stations Biomass power stations Gas fired power stations Energy from Waste plants Tidal power Electricity lines Gas pipeline Gas storage Road Rail 15 30 30.5 0.4 15 4.2 0.14 1
Number of projects Energy output (gigawatts)
1 Port
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Where is the money coming from?
30% 21% 11% 9% 5% 2%
22%
£150 billion
Germany Norway US Sweden France Holland UK
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6 week window for legal challenge IPC has 3 months to issue decision or make recommendation with reasons
Active engagement
6 months to carry out examination, including written questions, representations and hearings Pre- Application Acceptance Pre- Examination Examination Decision Post Decision 28 days to decide whether can accept Pre-application advice Panel or Single Commissioner appointed as Examining Authority ExA makes initial assessment of principal issues Preliminary meeting before procedural decision on how application is to be examined. Promoter publicises accepted application Interested Parties register as such
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Advice and guidance
Planning Act 2008
18 Statutory Instruments and Explanatory Memoranda 6 CLG guidance documents 18 IPC guidance and advice documents 12 National Policy Statements
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Advice and guidance
– Driven by developer – Engagement – Environmental statement – SoCC – Draft DCO – Limited scope for amending applications post submission
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The significant role of local authorities
– Statutory Consultee – Planning Performance Agreements? – Design of SoCC – Advise on adequacy of consultation – Local Impact Report – Enforcement – Advocacy, assistance, information source
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Pre-application: effective community and
- rganisational engagement
IPC professional and administrative services Developer
Other
- rganisations
General public Potential interested parties Statutory consultees Government Depts Local authorities Land owners & neighbours
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Post application: effective gathering of evidence and decision making
IPC professional and administrative services IPC Commissioners
Other
- rganisations
Potential interested parties Statutory consultees Government Depts Local authorities Land owners & neighbours General public Developers
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Rookery South Application – 6173 Pages
Pages
– Environmental Statement 1837 – Design – Engineering & Technical 1592 – Consultation Report 1371 – Planning Consideration 1034 – Application Form, Orders & Formalities 305 – Land & Site Plans 34
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Application and pre-application caseload forecast
10 20 30 40 50 60 70 80 90 Nov '10 Feb '11 Jun '11 Sep '11 Dec '11 Mar '12 Decision Examination Pre-examination Acceptance Pre-application
Total Caseload
Now
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5 10 15 20 25 30 Nov '10 Feb '11 Jun '11 Sep'11 Dec'11
Decision Examination Pre-examination Acceptance
Applications: Examination Caseload
Now
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Combining the best of both worlds (1)
Planning Act 2008
– NPSs – Single consents regime – Front loading – Statutory timetable
Decentralisation and Localism Act 2011
– Parliamentary approval of NPSs – Secretary of State decisions – Reduced risk of successful JR challenges – Cost savings
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Key characteristics post Localism Bill
– IPC moves to MIPU within ‘new PINS’ – NPSs to set policy - after parliamentary process – Simplifies designation of NSIPs – Rigorous pre-application and application procedure – rationalised local authority and SoCC processes – Timescales in law for examination and recommendation to relevant SofS – as for current s105 – Specification of criteria for SofS decision – as for current s104 – Integral compulsory acquisition procedure
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Five commitments
- Engagement
- Openness
- Consensus
- Sustainability
- Independent decisions