The Infrastructure Planning Commission
and the application process
Gideon Amos OBE – Commissioner
Jessica Potter – Case Leader
15 February 2011
independent, impartial, inclusive
A new planning process for national
infrastructure projects
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A simpler process
Faster decisions
A fairer approach
Engaging people and
communities
– Independent professional
judgement
– Cutting costs
independent, impartial, inclusive
Five commitments
1. Engagement
2. Openness
3. Consensus
4. Sustainability
5. Independent
decisions
independent, impartial, inclusive
The Planning Act 2008
1
Pre
Application
2
IPC
Acceptance
independent, impartial, inclusive
3
PreExamination
4
Examination
5
Decision
6
Post
Decision
The role of the IPC
Pre-application:
– Inception meeting
– Advice to all parties
– Screening and scoping
– Effective consultation
Acceptance:
– 28 days to determine whether an
application can be accepted
– Comments from local authority on
adequacy of consultation
Examination:
– Preliminary meeting
– Inquisitorial style
– Emphasis on written representations
– Hearings: Specific Issues, Open
and Compulsory Purchase
Decision/Recommendation:
– Independent report and recommendation
independent, impartial, inclusive
Pre-application: effective community
and organisational engagement
other
organisations
land owners &
neighbours
local authorities
general
public
Developer
government depts
& NPSs
potential
interested
parties
statutory
consultees
IPC professional and administrative services
independent, impartial, inclusive
Post application: effective gathering of
evidence and decision making
other organisations
land owners &
neighbours
local authorities
developer
IPC Commissioners
government depts
& NPSs
general
public
potential
interested
parties
statutory
consultees
IPC professional and administrative services
independent, impartial, inclusive
Advice and guidance
Planning Act 2008
Statutory
Instruments
and Explanatory
Memoranda
CLG guidance
documents
independent, impartial, inclusive
IPC guidance
and advice
documents
National Policy
Statements
Looking to the future
Commitment to ‘an efficient and
democratically accountable fast-track process
for major infrastructure projects’.
– NPSs to be voted on by Parliament
– Localism Bill – new primary legislation
– A new Major Infrastructure Planning Unit
within the Planning Inspectorate (Spring
2012)
– Expertise, processes and special
character of the IPC to be retained
– Secretary of State to make final decisions
– Seamless transitional arrangements.
independent, impartial, inclusive
How our process works
PreApplication
Pre-application advice to applicant and others.
Outreach activity to raise awareness and encourage effective consultation.
28 days to decide whether to accept
Acceptance
IPC Chair appoints Panel or Single Commissioner
PreExamination
Initial assessment of principal issues and Preliminary Meeting.
Procedural decision on how application is to be examined.
Examination
Up to 6 months to carry out examination, principally through written representations.
Hearings led by Commissioner on specific issues, and open-floor hearings.
IPC has 3 months to make recommendation.
Secretary of State has 3 months to make final decision.
Decision
Post
Decision
6 week window for legal challenge
independent, impartial, inclusive
The Pre-application Stage
No shocks and no surprises
– Frontloaded process
– Driven by applicant
– Effective engagement
– Comprehensive EIA
– SoCC
– Draft DCO
– Limited scope for amending
applications post submission
independent, impartial, inclusive
The Acceptance Stage
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Has the applicant met its pre-application
obligations?
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Does the Consultation Report
demonstrate that consultation was
effective?
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Local authorities’ adequacy of
consultation representations?
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Is the application in the correct form,
including necessary documentation?
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Has applicable guidance been followed,
and if not, why not?
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Duty to publicise and notify of accepted
application
independent, impartial, inclusive
The Pre-examination and Examination
stages
Pre-examination
– IPC moves to centre
stage
– Relevant
representations
– Initial assessment of
issues
– Preliminary meeting
– Procedural decision
– Timetable for
examination
independent, impartial, inclusive
Examination
– Statements of common
ground
– Local impact reports
– Written representations
– Hearings: Specific issue /
Open floor / Compulsory
purchase
– Possible appointment of
assessor
The Decision and Post-Decision Stages
Making a decision (or
recommendation to the
Secretary of State)
– Issuing of decision
notice
– Requirements
– Obligations
independent, impartial, inclusive
After the Decision
– Legal challenges
– Correcting errors
– Approval of details
– Enforcement
– Changes to and
revocation of an Order
(non-material changes)
The role of local authorities
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Statutory Consultee
Involved at all stages
SoCC
Comment on adequacy of consultation
Draft DCO
Local Impact Report
Liaison on timescales
Enforcement
Resources – PPA?
independent, impartial, inclusive
Local Impact Report (LIR)
– Local authority decides form and
content
– Focus on the economic,
environmental and social issues
– Submitted at examination stage to
deadline set by Commissioner
– Important to start work before
application
– IPC advice note
www.independent.gov.uk\infrastructure
independent, impartial, inclusive
Key Statutory Deadlines for Consultees
– Scoping Opinion Consultation (28
days)
– LA comments on draft SoCC (28
days)
– Pre-application consultation and
publicity (min 28 days responses)
– LA adequacy statement within 14
days of submission.
– Submission of relevant representation
following application acceptance (min
28 days)
– Local Impact Report (approximately 6
weeks from Preliminary Meeting)
– Submission of detailed written
representations (min 21 days)
independent, impartial, inclusive
Outreach
What is outreach?
– IPC-led event(s)
– To improve understanding of
the process
– Process only
– Separate from applicant
consultation event
– Tailored to the needs of
potential interested parties
– Support for all
independent, impartial, inclusive
Contact us
Jessica Potter: 0303 4445077 e: jessica.potter@infrastructure.gsi.gov.uk
Infrastructure Planning Commission (IPC)
Temple Quay House
Temple Quay
Bristol
BS1 6PN
0303 444 5000
ipcenquiries@infrastructure.gsi.gov.uk
www.independent.gov.uk/infrastructure
independent, impartial, inclusive