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This meeting will discuss the Planning Act 2008 regime and the role of the pre-application process in consenting nationally significant infrastructure projects in England and Wales. It will highlight the outcomes of effective pre-application, time-limits and process, and the requirements for the process.
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Pre-application process in England and Wales Sixth meeting of the Task Force on Public Participation in Decision-making under the Aarhus Convention 10-11 February 2016
To outline basic features of Planning Act 2008 regime • To show role of pre-application process
Planning Act 2008 • Primary mechanism in England and Wales for the consenting of “nationally significant infrastructure projects”. For instance, onshore generating stations over 50MW. • Different to general town and country planning. • Secretary of State the decision maker following recommendations from an inspector (or inspectors).
Pre-application outcomes Outcomes of effective pre-application (DCLG Guidance, 2015) • helping the applicant identify and resolve issues at the earliest stage • enabling members of the public to influence proposed projects, • helping local people understand the potential nature and local impact of the proposed project • enabling applicants to obtain important information about the economic, social and environmental impacts of a scheme • enabling potential mitigating measures to be considered and, if appropriate, built into the project before an application is submitted; • identifying ways in which the project could, without significant costs to promoters, support wider strategic or local objectives.
Brief overview of pre-application process requirements • notify the Secretary of State of the proposed application • identify whether the project requires an environmental impact assessment • produce a Statement of Community Consultation and make this available for inspection by the public • identify and consult statutory consultees • publicise the proposed application in accordance with regulations and set a deadline for consultation responses of not less than 28 days • have regard to relevant responses to publicity and consultation • prepare a consultation report and submit it to the Secretary of State.