Infrastructure Planning Commission
Consenting procedures and the role of the Local Authority
Mark Wilson & Nikita Perepelov
IPC Case Team for ‘The Isles’ scheme
1 September 2011
What we will be covering
– The IPC process: what’s different
– The special role of the Local
Authorities
independent, impartial, inclusive
The Planning Act 2008- Overview
1
Pre-application
c.2 years
2
3
Acceptance Pre-examination
28 days
Times in bold are statutory
independent, impartial, inclusive
c.3 months
4
5
6
Examination
Recommend /
Decision
Post
Decision
6 months
3 + 3 months
6 week
window
So what’s different?
– Statutory engagement with the public and consultees
– Frontloading, including pre-application advice
– Applications not appeals
– Statutory deadlines
– Inquisitorial examination
– Stack of new, detailed rules and regulations
– ‘Single consenting regime’- associated development and other
regulatory and environmental consents and licenses
independent, impartial, inclusive
But what’s been kept the same?
– Decisions on the relevant types of scheme are not
taken by the Local Planning Authority- as was the
case before the Planning Act 2008 regime was
established (e.g. before the 2008 Act, DECC were
the consenting authority for generating stations with a
capacity greater than 50 MW)
– It is therefore a myth that the IPC has taken control
away from local decision makers
independent, impartial, inclusive
Guidance and Advice
IPC Guidance
Note 1:
Pre-application
stages
Advice Note 1:
Advice Note 6:
Advice Note 11:
Local Impact Reports –
to assist local
authorities
Preparation and
submission of
application documents
Working with public
bodies in the
infrastructure planning
process (part 1)
Advice Note 2:
IPC Guidance
Note 2:
Working together on
NSIPs – Outreach &
Planning Performance
Agreements
Preparing
application
documents
Advice Note 3:
Consultation and
notification undertaken
by the IPC
IPC Guidance
IPC Advice
independent, impartial, inclusive
Advice Note 4:
Section 52 – serving
a “land interests
notice”
Advice Note 5:
Section 53 – rights of
entry notice to access
land
Advice Note 9:
The Rochdale
Envelope
Advice Note 7:
Advice Note 12:
Environmental Impact
Assessment, screening
and scoping
Development with
significant
transboundary impacts
consultation
Advice Note 8:
A step by step guide to
the planning process
(in 5 parts)
Advice Note 10:
Habitat Regulations
Assessment
(Soon to be published)
Pre-application work
Getting the application right
– Consultation with the
community (SoCC and s47)
– Consultation with prescribed
bodies (s42)
– Environmental screening and
scoping, PEI and ES
– Draft DCO and requirements
– IPC outreach and advice
independent, impartial, inclusive
Pre-application: the developer in the lead
Other
organisations
Land owners &
neighbours
Local authorities
General
public
Developer
Government Depts
Potential
interested
parties
Statutory
consultees
IPC professional and administrative services
independent, impartial, inclusive
Post-application: the Examining Authority takes charge
Other
organisations
Land owners &
neighbours
Local authorities
Developers
General
public
Potential
interested
parties
IPC Commissioners
Government
Depts
Statutory
consultees
IPC professional and administrative services
independent, impartial, inclusive
Post-application work
– Acceptance: s55 checklist and decision, Local Authority views
on adequacy of pre-application consultation undertaken
– Pre-examination: registration, outreach, relevant reps, principal
issues, preliminary meeting
– Examination: timetable, written reps, hearings (issue-specific,
compulsory acquisition, open floor), site visits, Local Impact
Report
– Recommendation report and (in future) SofS decision
– Throughout: website updating, media management
independent, impartial, inclusive
Changes to the regime- Localism Bill
– Present version of the Bill does not
introduce significant procedural changes
(statutory deadlines remain)
– Flagship change is formal abolition of the IPC
and Ministerial decision-making in all
cases
– Case-by-case Ministerial direction on future
treatment of existing projects
– Revised definition of ‘relevant’ Local Authority
– Greater discretion at acceptance: SoS can
accept application if she considers it
‘satisfactory’
independent, impartial, inclusive
Local Authority’s Role- Summary
– Negotiating the terms of any s.106 agreement and
development consent obligations
– Consulted by the developer on the content of the
SoCC
– Statutory consultee, including on the drafting of the
DCO and requirements
– Adequacy of consultation representation
– Representations: key issues (pre-examination),
written and oral (examination)
– Local Impact Report
– Enforcement, discharging requirements (?)
independent, impartial, inclusive
Contact us
Infrastructure Planning Commission (IPC)
Temple Quay House
Temple Quay
Bristol
BS1 6PN
0303 444 5000 – ask for Mark Wilson or Nik Perepelov
mark.wilson@infrastructure.gsi.gov.uk
nikita.perepelov@infrastructure.gsi.gov.uk
www.independent.gov.uk/infrastructure
independent, impartial, inclusive