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 a planning system for national infrastructure which has the support of all concerned.
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
The Planning Act 2008 1 2 3 4 5 6 IPC Pre- Examination Decision Pre Post Acceptance Examination Application Decision
National Policy Statements – Ports – Overall energy policy – National networks – Renewables – Airports [?] – Fossil – Electricity networks – Oil and gas – Nuclear Designated 19thJuly 2011 –Waste water –Hazardous waste –Water supply [?]
The challenge 9 Transport e.g. railway, road improvements 18 Wind farms 19 Energy (other) e.g. biomass, electric lines, gas pipelines, waste to energy etc 4 Nuclear 1 Waste water
The applications Energy (47) Offshore wind farms 12 30.5 Onshore wind farms 7 0.4 Nuclear power stations 4 15 Biomass power stations 4 1.1 Gas fired power stations 6 4.2 Energy from Waste plants 2 0.14 Tidal power 1 1 Electricity lines 8 0 15 30 Gas pipeline 2 Energy output (gigawatts) Gas storage 1 Transport (10) Road 4 Rail 5 Port 1 Waste Water (2) 2 5 10 0 Number of projects
Where is the money coming from? £150 billion 30% Germany 21% Norway US 11% Sweden 9% France 5% 2% Holland UK 22 %
Active engagement Pre- Pre-application advice Application Acceptance 28 days to decide whether can accept Promoter publicises accepted application Interested Parties register as such Pre- Examination 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. 6 months to carry out examination, including written questions, representations and Examination hearings Decision IPC has 3 months to issue decision or make recommendation with reasons Post Decision 6 week window for legal challenge
Advice and guidance Planning Act 2008 18 Statutory 18 IPC guidance 6 CLG guidance 12 National Policy Instruments and advice documents Statements and Explanatory documents Memoranda
Advice and guidance – Driven by developer – Engagement – Environmental statement – SoCC – Draft DCO – Limited scope for amending applications post submission
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
Pre-application: effective community and organisational engagement Other General organisations public Potential Land owners & Developer interested neighbours parties Statutory Local authorities Government Depts consultees IPC professional and administrative services
Post application: effective gathering of evidence and decision making Developers Other General public organisations Potential IPC Commissioners Land owners & interested neighbours parties Government Statutory Local authorities Depts consultees IPC professional and administrative services
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
Total Caseload Application and pre-application caseload forecast 90 Now 80 70 60 Decision Examination 50 Pre-examination 40 Acceptance Pre-application 30 20 10 0 Nov Feb Jun '11 Sep Dec Mar '10 '11 '11 '11 '12
Applications: Examination Caseload 30 Now 25 20 Decision Examination 15 Pre-examination Acceptance 10 5 0 Nov '10 Feb '11 Jun '11 Sep'11 Dec'11
Combining the best of both worlds (1) Planning Act 2008 Decentralisation and Localism Act 2011 – NPSs – Parliamentary approval of NPSs – Single consents regime – Secretary of State decisions – Front loading – Reduced risk of successful JR challenges – Statutory timetable – Cost savings
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
• Independent decisions Five commitments • Sustainability • Engagement • Consensus • Openness
Recommend
More recommend
