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Infrastructure Planning Commission Consenting Procedures and the Role of the Local Authority

This document provides an overview of the Infrastructure Planning Commission (IPC) process and the special role of Local Authorities in consenting procedures. It covers topics such as statutory engagement, frontloading, statutory deadlines, inquisitorial examination, and the "single consenting regime." It also clarifies that decisions on relevant schemes are not taken by the Local Planning Authority, debunking the myth that the IPC has taken control away from local decision-making.

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Infrastructure Planning Commission Consenting Procedures and the Role of the Local Authority

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  1. Infrastructure Planning CommissionConsenting procedures and the role of the Local Authority Mark Wilson & Nikita PerepelovIPCCase Team for ‘The Isles’ scheme1 September 2011

  2. What we will be covering • The IPC process: what’s different • The special role of the Local Authorities

  3. 6 week window c.2 years c.3 months 6 months 3 + 3 months 28 days The Planning Act 2008- Overview 1 2 3 4 5 6 Post Decision Recommend / Decision Pre-application Acceptance Pre-examination Examination Times in bold are statutory

  4. 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

  5. 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

  6. Advice Note 12:Development with significant transboundary impacts consultation Advice Note 6:Preparation and submission of application documents Advice Note 1:Local Impact Reports – to assist local authorities Advice Note 4:Section 52 – serving a “land interests notice” IPC Guidance Note 1: Pre-application stages Advice Note 9:The Rochdale Envelope Advice Note 2:Working together on NSIPs – Outreach & Planning Performance Agreements Advice Note 7:Environmental Impact Assessment, screening and scoping Advice Note 5:Section 53 – rights of entry notice to access land Advice Note 10:Habitat Regulations Assessment (Soon to be published) IPC Guidance Note 2: Preparing application documents Advice Note 3:Consultation and notification undertaken by the IPC Advice Note 8:A step by step guide to the planning process (in 5 parts) Guidance and Advice Advice Note 11:Working with public bodies in the infrastructure planning process (part 1) IPC Guidance IPC Advice

  7. Pre-application work 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 Getting the application right

  8. IPC professional and administrative services Pre-application: the developer in the lead Other organisations General public Developer Potential interested parties Land owners & neighbours Local authorities Statutory consultees Government Depts

  9. IPC professional and administrative services Post-application: the Examining Authority takes charge Developers Other organisations General public IPC Commissioners Potential interested parties Land owners & neighbours Statutory consultees Government Depts Local authorities

  10. 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

  11. 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’

  12. 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 (?)

  13. 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

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