Nationally Significant Infrastructure Projects The Planning Act - - PowerPoint PPT Presentation

Nationally Significant Infrastructure Projects The Planning Act 2008

The Role of The Planning Inspectorate; National Infrastructure Directorate.

• We deal with Nationally Significant Infrastructure Projects

(NSIPs)

• Planning Act 2008 (as amended by the Localism Act 2011).
• Projects include (s14):

Generating Stations (above 50MW onshore and 100MW offshore) Electricity Lines Transport Waste and Water Pipe-lines

The consenting process

1 2 3 4 5 6

Pre-application Acceptance Pre-examination Examination Recommendation Post Decision

Times in bold are statutory maxima

Decision

Circa 2 years 28 days Circa 3 months 6 months 3 months 3 months 6 week window

Pre-application: Effective community and organisational engagement

applicant Planning Inspectorate professional and administrative services

• ther
• rganisations

general public potential interested parties statutory consultees government depts & NPSs local authorities land owners & neighbours

Pre-application: The Role of The Planning Inspectorate

• S51 Advice
• Outreach
• Draft Documents
• EIA screening and/ or scoping (will be briefly

discussed at end of presentation)

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Pre-application: The Role of the Applicant

• Environmental screening and scoping, Preliminary

Environmental Information (PEI) and Environmental Statement (ES)

• Consultation with prescribed bodies (s42) and landowners

(s44)

• Consultation with the community (Statement of Community

Consultation (SoCC and s47)

• Draft Development Consent Order (DCO)
• Limited scope for amending applications post submission

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Total application: No shocks, no surprises

Pre-application: The Role of Local Authorities

• Statutory Consultee
• Consulted on the design of the applicant’s SoCC
• Think about possible requirements for draft DCO to

secure mitigation/ negotiation of s106 agreements

• Negotiation of Planning Performance Agreements
• Joint working across local authority boundaries

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Pre-application: The Role of Statutory Parties

• Consulted for EIA Scoping (Reg 6 EIA Regs)
• Consulted under s42 PA 2008
• Informal consultation is encouraged between

Applicant and Statutory Parties

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Acceptance: The Role of The Planning Inspectorate

• 28 days to decide whether to accept the application

for Examination (s55 PA).

• Consultation Report has developer taken account of

responses to of pre-application consultation.(s49)

• Request and consider the adequacy of consultation

responses received from local authorities.

• Acceptance Inspector may use power to request

copies of all consultation responses received by applicant in their pre-application consultation process.

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Acceptance: The Role of the Applicant

• Broadly hands off
• May provide copies of all formal consultation

responses if requested by the Acceptance Inspector

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Acceptance: The Role of the Local Authorities

• Local Authority asked to comment on the adequacy
• f consultation carried out by the applicant – 14 days

to provide a response.

• Local Authority asked to start thinking about content
• f Local Impact Report which will be requested at

pre-examination (Advice Note 1).

• Local authorities should ensure any necessary

internal authorisation processes are in place to meet the Examination timetable.

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Acceptance: The Role of Statutory Parties

• Statutory parties have no formal role at this stage

but it would be prudent to prepare for future stages

• f the process (such as preparing a relevant

representation and/ or taking part in the examination)

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Examining authority

government depts & NPSs

• ther organisations

statutory consultees local authorities land owners & neighbours general public applicant

Planning Inspectorate professional and administrative services

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Pre-Examination: The Role of The Planning Inspectorate

• Application documents are published on our website
• Website is set up for the submission of relevant

representations (minimum 28 days).

• Appointment of Examining authority (panel or single

Examining Inspector)

• Examining authority makes its initial assessment of

the principal issues. (s88)

• Preliminary meeting is held to discuss procedural

issues and the timetable for examination. (s.88)

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Pre-Examination: The Role of the Applicant

• Applicant is required to give notice/ publicise accepted

application under s56 of PA.

• Publicise Relevant Representation period which must

provide a minimum of 28 days for consultation.

• Make available application documents in various

locations and on their website.

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Pre-Examination: The Role of The Local Authorities

• The host authorities (B and C authorities, s43) are

automatically Interested Parties.

• Neighbouring authorities (A and D authorities, s43)

will need to register as an Interested Party by submitting a relevant representation.

• Start preparing Local Impact Reports (s60)

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Pre-Examination: The Role of The Statutory Parties

• Register as an Interested Party
• Changes brought by the Localism Act 2011 to the

interpretation of ‘interested parties’ (s102)

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Examination: The Role of The Planning Inspectorate

• Primarily through written

representations and responses

• Possible hearings -
• Open floor
• Issue Specific
• Compulsory acquisition
• Inquisitorial not adversarial

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Examination: The Role of The Applicant

• Written Representation
• Responding to written questions from ExA
• Participate in hearings
• Statement of Common Ground

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Examination: The Role of The Local Authorities

• Written Representation
• Respond to written questions from the ExA
• Participate in hearings
• Local Impact Report
• Statement of Common Ground
• It is not the Local authorities’ role to examine the

application

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Examination: The Role of The Statutory Parties

• Written Representation
• Respond to written questions from the ExA
• Participate in hearings
• Statement of Common Ground

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Recommendation: The Role of The Planning Inspectorate

• The ExA will make a recommendation to relevant SoS
• Recommendation drafted by ExA will take account of:
• National Policy Statements
• Local Impact Reports
• International obligations
• Do the adverse impacts outweigh benefits?
• Recommendation to approve would include finalised

DCO and requirements

• Recommendation must be made within 3 months of

the end of Examination (s98)

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Decision: The Role of The Secretary of State

• Has to make his decision within 3 months of

receiving recommendation (s107)

• Decision needs to take into account:
• National Policy Statements
• Local Impact Reports
• International obligations
• Do the adverse impacts outweigh benefits?
• Challengeable through application for Judicial Review

– 6 week window under s118 of the Act

Stage 1 Pre-app Stage 2 Acceptance Stage 3 Pre-exam Stage 4 Examination Stage 5 Recommendation and Decision Stage 6 Post decision

Environmental Services

• Pre-application advice
• Screening
• Scoping and Regulation 9 lists
• Requests under sections 52 about interests in the land.
• Section 53 requests access to land for purpose of

environmental surveys.

Environmental Services

• Transboundary screening
• Acceptance
• EIA Review
• Support to ExA
• HRA – report towards appropriate

assessment

Assistance and information

• Planning Inspectorate advice available to all parties – but

not legal advice

• Advice and Guidance is available on our website:

http: / / infrastructure.planningportal.gov.uk/ legislation- and-advice/

• Our enquiries line can also offer advice and guidance:

0303 444 5000

• Our staff will always be on hand to offer you help

Contact us

National Infrastructure Directorate The Planning Inspectorate Temple Quay House Temple Quay Bristol BS1 6PN 0303 444 5000 enquiries@infrastructure.gsi.gov.uk http: / / infrastructure.planningportal.gov.uk/