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Thames Tunnel PINS Meeting with London Boroughs Janet Wilson & Mark Wilson

Details on PINS perspective, guidance provided to Thames Water, consent process steps, statutory deadlines, Local Impact Reports, written representations, Statements of Common Ground, advice for Local Authorities, post-acceptance actions, and effects of Localism Act.

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Thames Tunnel PINS Meeting with London Boroughs Janet Wilson & Mark Wilson

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  1. Thames TunnelPINS Meeting with London Boroughs Janet Wilson & Mark Wilson

  2. Section 14 Order – PINS Perspective • Aware Order laid before Parliament 26th March 2012 – confirmation awaited • Waste Water NPS designated 26th March 2012 • Pragmatic approach towards working with Thames Tunnel • Provided advice to Thames Water about the process • All advice given to TW is published on National Infrastructure website - Thames Tunnel Project Page • Not possible for PINS to confirm procedural milestones with TW until Order is confirmed - “ultra vires”. • Future Outreach events

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

  4. Pre-app Comments on developer’s draft SoCC 28 days EIA Scoping Opinion consultation 28 days Pre-application consultation (s42) and publicity (s48) Min 28 days Acceptance Adequacy of Consultation statement Within 14 days of submission Pre-examination Submission of relevant representation following application acceptance Min 28 days Examination Production of Local Impact Report Approx 6 weeks Submission of detailed written representations Min 21 days Key deadlines for Local Authority

  5. Pre-application: effective engagement with communities and organisations other organisations general public potential interested parties applicant land owners & neighbours statutory consultees local authorities government depts & NPSs Planning Inspectorate professional and administrative services

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

  7. Local Impact Reports • No “one size fits all” template for LIRs • LIR needs to be a useful document for the Examining Authority – objective as possible • LAs should seek to utilise their existing evidence base • Identify significant characteristics of / issues affecting the Area and the positive and negative impacts that the NSIP will have on them • Not necessary to reach a conclusion about the acceptability of the NSIP • Go beyond “planning” and look at the Council’s corporate roles and responsibilities (public health/safety, education, transport, environment, land owner)

  8. Statements of Common Ground • Can be a report or an exchange of correspondence • A suite of smaller SoCGs may be easier to progress rather than a large “omnibus” • No expectation that everything will be agreed – but try! • Set out areas of agreement; areas where further work is required to reach agreement (mitigation), and areas where no agreement can be reached.

  9. Written representations • The Council’s view • Pick up on areas of disagreement from SoCG • Elaborate on the LIR • The Examining authority can disregard representations that relate to the merits of Government policy in NPS • Focused and concise

  10. Considerations for Local Authorities Resources and capacity • Talk to the applicant; shape the development • Talk with other authorities; opportunities for joint working (LIR) • Think about possible links between LIR, SoCG and s.106 • Think about possible requirements for draft DCO to secure mitigation • Post-acceptance e.g. participation in hearings, negotiating S106 • Always remember – not your role to examine the application Timescales • Start early – LIR and s.106 • Meeting tight statutory deadlines: schemes of delegation and committee cycles

  11. Assistance and information • Planning Inspectorate advice available to all parties – but not legal advice • Advice and Guidance is available on our website: • http://infrastructure.planningportal.gov.uk/legislation-and-advice/ • Our enquiries line can also offer advice and guidance: 0303 444 5000 • The case team will always be on hand to offer you help

  12. Effects of the Localism Act • Localism Act 2011 restored final decision to Secretary of State • IPC abolished – staff, systems, processes, web presence transferred intact into the Planning Inspectorate • Transitional arrangements should ensure that no proposal is delayed at any stage • Planning Act 2008 regime largely unchanged – relatively minor adjustments to: • Acceptance tests • Local authorities • Interested parties • Powers to advise • National Planning Policy Framework gives primacy to National Policy Statements

  13. Contact us The Planning Inspectorate National Infrastructure Directorate Room 3/18 Eagle Wing Temple Quay House Temple Quay Bristol BS1 6PN 0303 444 5000 enquiries@infrastructure.gsi.gov.uk http://infrastructure.planningportal.gov.uk/

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