National AONB Planning Workshops

1. National AONB Planning Workshops Changes to planning legislation and policy

2. Planning for nationally significant infrastructure projects Planning Act 2008 • Creation of the Infrastructure Planning Commission (IPC) • New system of National Policy Statements for infrastructure • Single integrated development consent regime

3. Aim of new regime • Separate policy (NPS) from decisions on projects (IPC) • Set out clear case for new infrastructure development • Simplified process • Better opportunities for engagement • Reduce time and costs of determining major projects

4. National Policy Statements for Energy • Overarching energy • Renewable energy • Electricity networks • Fossil fuel generation • Oil and gas infrastructure • Nuclear (location specific) • Consult Autumn 2009, publish 2010

5. National Policy Statements for Transport • Ports - consult Autumn 2009, publish 2010 • National Networks (road and rail) - consult Autumn 2009, publish 2010 • Aviation (location specific) - consult by 2011, publish late 2011

6. National Policy Statements for Water • Waste water – consult spring 2010, publish 2011 • Hazardous waste – consult summer 2010, publish 2011 • Water supply – consult late 2010, publish 2012

7. NPS preparation • NPS must contribute to sustainable development and include Appraisal of Sustainability • Full public consultation • Local communities consulted on location-specific NPS • Parliamentary scrutiny

8. Status of NPS • IPC to decide applications in accordance with NPS unless to do so would: • Breach international obligations • Be unlawful • Breach statutory duty • Result in adverse impacts outweighing benefits • Be contrary to regulations about how decisions are taken

9. What are NSIPs? • Planning Act 2008 defines and sets thresholds e.g. • Onshore generating stations over 50MW • Offshore generating stations over 100MW • Above ground electric lines over 132KV • Railways and rail freight interchanges • Construction, improvement or alteration of trunk roads • Airports • Ports, harbours • Dams, reservoirs, waste water treatment plants

10. What is development consent? • One permit which combines a number of approvals under current regime that removes need for other consents: • Planning permission, listed building consent etc • Relevant approvals under the Gas Act, Energy Act, Electricity Act • Relevant approvals under the Highway Act • Authorises compulsory acquisition of land

11. PROCESS SUMMARY Pre-application consultation Pre-Application 28 days to validate application and decide whether to accept Validation Promoter publicises accepted application Pre-Examination IPC appoints Panel or single commissioner to carry out initial assessment and pre-examination meeting before making procedural decision on how application is to be examined 6 months to carry out examination, including written representations and hearings Examination Promoter and other parties engaged in examination process Decision IPC has 3 months to issue decision and statement of reasons Post Decision 6 week window for legal challenge

12. How does the process differ? • Emphasis on pre-application stage • Promoter carries out consultation (inc EIA), not IPC • IPC cannot negotiate on schemes- role purely to determine fully worked up proposals • Less adversarial examination • Shorter, fixed timetables

13. What is Natural England’s role? • Statutory consultee on NPS preparation • Statutory consultee on NSIPs: • Duty to provide pre-application advice to promoters • Advise on EIA and HRA • Formal responses to development consent applications • Pursue objections to examination • Issue wildlife licences

14. How can AONBs engage? • Respond to consultations on NPS • Respond to public consultation on NSIP applications • Input to local authority local impact reports • Liaise with NE staff over NE responses to NSIP applications

15. IPC decision • IPC has 3 months to make decision based on: • National Policy Statement • Local impact reports (submitted by Las) • Prescribed matters in relation to the development • Other matters which are both important and relevant to the decision • Period for judicial review

16. Further information • Published Statutory Instruments available from OPSI website: http://www.opsi.gov.uk/si • Draft Statutory Instruments and guidance available from CLG website: http://www.communities.gov.uk/planningand building/planning/planningpolicyimplementation/reformplanningsystem/planningbill • See also www.direct.gov.uk/infrastructureplanning

17. PPS Reviews • Streamlining Planning Policy Statements • Draft PPS4 on economic development • Includes major developments test in AONBs • Combined PPS7, PPS9 and PPG17 • Natural environment, green infrastructure, open spaces, sport and recreation

18. Other planning reforms • Recent consultations: • PPS15/16 historic environment • Policy Statement on Regional Strategies (to replace PPS11) • new policy on coastal change • Community Infrastructure Levy • Killian Pretty response- various consultations on permitted development rights, streamlining development control • New PPS on development management due out for consultation in Autumn • Forthcoming revision PPS on climate change inc PPS22 renewable energy