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Objectives for today

The Infrastructure Planning Commission and the application process Mid Wales Connections Inception Meeting, 8 June 2011 Jim Claydon – Commissioner Jessica Potter – Case Leader.

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Objectives for today

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  1. The Infrastructure Planning Commission and the application process Mid Wales Connections Inception Meeting, 8 June 2011 Jim Claydon – Commissioner Jessica Potter – Case Leader The Infrastructure Planning Commission and the application process Jim Claydon – Commissioner Jessica Potter – Case Leader 8 June 2011

  2. Objectives for today • Introduce the IPC process • Understand the roles and responsibilities of: • IPC • Developers • Local authorities and • Others • Update on the projects and programmes for submission • Discuss the IPC’s outreach programme

  3. Structure • Introducing the IPC • An overview of the Planning Act 2008 • Looking to the future • How the process works • The role of local authorities: • Key responsibilities • Statutory deadlines • Local Impact Report • Advice and Guidance

  4. The IPC caseload Transporte.g. railway, road improvements Wind farm Energy (other)e.g. biomass, electric lines, gas pipelines, waste to energy etc Nuclear Waste water

  5. Now Applications: Examination Caseload

  6. The way we work: five commitments • Engagement • Openness • Consensus • Sustainability • Independent decisions

  7. The Planning Act 2008 1 2 3 4 5 6 Post Decision Recommend / Decision Pre-application Acceptance Pre-examination Examination

  8. IPC professional and administrative services Pre-application: effective community and organisational engagement 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: effective gathering of evidence and decision making Developers Other organisations General public IPC Commissioners Potential interested parties Land owners & neighbours Statutory consultees Government Depts Local authorities

  10. Pre-application advice to applicant and others. Outreach activity to raise awareness and encourage effective consultation. 28 days to decide whether to accept IPC Chair appoints Panel or Single Commissioner Initial assessment of principal issues and Preliminary Meeting. Procedural decision on how application is to be examined. Up to 6 months to carry out examination, principally through written representations. Hearings led by Commissioner on specific issues, and open-floor hearings. IPC has 3 months to make recommendation. Secretary of State has 3 months to make final decision. 6 week window for legal challenge How our process works Pre-Application Acceptance Pre-Examination Examination Decision Post Decision

  11. An influential role for local authorities Involved at all stages of the process Statutory role Local knowledge Understanding of communities Scope to influence the consent: ‘Requirements’ ‘Obligations’

  12. Looking to the future Commitment to ‘an efficient and democratically accountable fast-track process for major infrastructure projects’. • NPSs to be voted on by Parliament • Decentralisation and Localism Bill • Secretary of State to make final decisions • Integration with the Planning Inspectorate • Expertise, processes and special character of the IPC to be retained • Seamless transitional arrangements.

  13. Pre-application stage Frontloaded process Driven by applicant Effective engagement Comprehensive EIA SoCC Draft DCO Limited scope for amending applications post submission Total application: No shocks and no surprises

  14. Acceptance stage • Has the applicant met its pre-application obligations? • Does the Consultation Report demonstrate that consultation was effective? • Local authorities’ adequacy of consultation representations? • Is the application in the correct form, including necessary documentation? • Has applicable guidance been followed, and if not, why not? • Duty to publicise and notify of accepted application

  15. Pre-examination & Examination stages Examination • Statements of common ground • Local impact reports • Written representations • Hearings: Specific issue / Open floor / Compulsory purchase • Possible appointment of assessor Pre-examination • IPC moves to centre stage • Relevant representations • Initial assessment of issues • Preliminary meeting • Procedural decision • Timetable for examination

  16. Making a decision (or recommendation to SoS) Issuing of decision notice Requirements Obligations After the Decision Legal challenges Correcting errors Approval of details Enforcement Changes to and revocation of an Order (non-material changes) Decision and Post-Decision stages

  17. The role of local authorities (1) Source: CLG Guidance for local authorities, 2010

  18. The role of local authorities (2) Involved throughout process Comment on SoCC Adequacy of consultation view Statutory Consultee Local Impact Report Draft DCO Potential s106 draft agreement Preliminary Meeting Examination process Possible participation in hearings Resources - PPA? Liaison on timescales Enforcement

  19. Key statutory deadlines for LAs

  20. Things to consider • Resources and capacity • Resource planning, eg participation in hearings, negotiating s106 • Potential for use of PPAs / MoUs • Opportunities for joint working • Meeting tight statutory deadlines • Appropriate schemes of delegation • Committee cycles • Member engagement • Understanding LA roles and responsibilities • Opportunities to shape development and secure mitigation (eg requirements, obligations)

  21. Local Impact Report (LIR) • Local authority decides form and content • Focus on the economic, environmental and social issues • Submitted at examination stage to deadline set by Commissioner • Important to start work at pre-application stage • Opportunity for joint LIRs • IPC advice note

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

  23. Outreach What is outreach? • IPC-led event(s) • To improve understanding of the process • Process only • Separate from applicant consultation event • Tailored to the needs of potential interested parties • Support for all

  24. Contact us Jessica Potter: 0303 444 5077 jessica.potter@infrastructure.gsi.gov.uk Katherine Chapman: 0303 444 5078 katherine.chapman@infrastructure.gsi.gov.uk Infrastructure Planning Commission (IPC) Temple Quay House Temple Quay Bristol BS1 6PN 0303 444 5000 ipcenquiries@infrastructure.gsi.gov.uk www.independent.gov.uk/infrastructure

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