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 2 6 1 3 4 5 Post Pre-application Acceptance Pre-examination Examination Recommendation Decision Decision Circa 2 28 days Circa 3 6 months 3 months 3 months 6 week years months window Times in bold are statutory maxima

Pre-application: Effective community and organisational engagement other general organisations public potential interested land owners & applicant parties neighbours statutory government depts consultees local authorities & NPSs Planning Inspectorate professional and administrative services

Stage 1 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 Pre-app Acceptance Pre-exam Examination Recommendation Post decision and Decision 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 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 Pre-app Acceptance Pre-exam Examination Recommendation Post decision and Decision Pre-application: The Role of the Applicant Total application: No shocks, no surprises • 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 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 Pre-app Acceptance Pre-exam Examination Recommendation Post decision and Decision 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 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 Pre-app Acceptance Pre-exam Examination Recommendation Post decision and 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 Stage 1 Stage 2 Stage 2 Stage 3 Stage 3 Stage 4 Stage 4 Stage 5 Stage 5 Stage 6 Stage 6 Pre-app Pre-app Acceptance Acceptance Pre-exam Pre-exam Examination Examination Recommendation Recommendation Post decision Post decision and Decision and 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 Stage 1 Stage 2 Stage 2 Stage 3 Stage 3 Stage 4 Stage 4 Stage 5 Stage 5 Stage 6 Stage 6 Pre-app Pre-app Acceptance Acceptance Pre-exam Pre-exam Examination Examination Recommendation Recommendation Post decision Post decision and Decision and 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 Stage 1 Stage 2 Stage 2 Stage 3 Stage 3 Stage 4 Stage 4 Stage 5 Stage 5 Stage 6 Stage 6 Pre-app Pre-app Acceptance Acceptance Pre-exam Pre-exam Examination Examination Recommendation Recommendation Post decision Post decision and Decision and Decision Acceptance: The Role of the Local Authorities • Local Authority asked to comment on the adequacy of consultation carried out by the applicant – 14 days to provide a response. • Local Authority asked to start thinking about content of 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 Stage 1 Stage 2 Stage 2 Stage 3 Stage 3 Stage 4 Stage 4 Stage 5 Stage 5 Stage 6 Stage 6 Pre-app Pre-app Acceptance Acceptance Pre-exam Pre-exam Examination Examination Recommendation Recommendation Post decision Post decision and Decision and 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 of the process (such as preparing a relevant representation and/ or taking part in the examination)

Stage 1 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 Pre-app Acceptance Pre-exam Examination Recommendation Post decision and Decision applicant general other organisations public Examining authority land owners & government depts neighbours & NPSs statutory local authorities consultees Planning Inspectorate professional and administrative services

Stage 1 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 Pre-app Acceptance Pre-exam Examination Recommendation Post decision and 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 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 Pre-app Acceptance Pre-exam Examination Recommendation Post decision and 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 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 Pre-app Acceptance Pre-exam Examination Recommendation Post decision and 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 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 Pre-app Acceptance Pre-exam Examination Recommendation Post decision and 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 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 Pre-app Acceptance Pre-exam Examination Recommendation Post decision and 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 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 Pre-app Acceptance Pre-exam Examination Recommendation Post decision and Decision Examination: The Role of The Applicant • Written Representation • Responding to written questions from ExA • Participate in hearings • Statement of Common Ground

Stage 1 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 Pre-app Acceptance Pre-exam Examination Recommendation Post decision and 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 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 Pre-app Acceptance Pre-exam Examination Recommendation Post decision and Decision Examination: The Role of The Statutory Parties • Written Representation • Respond to written questions from the ExA • Participate in hearings • Statement of Common Ground