Infrastructure Planning Commission Consenting procedures and the role of the Local Authority

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Infrastructure Planning CommissionConsenting
procedures and the role of the Local
Authority Mark Wilson Nikita
PerepelovIPC Case Team for The Isles
scheme 1 September 2011
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What we will be covering

• The IPC process whats different
• The special role of the Local Authorities

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The Planning Act 2008- Overview


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Recommend / Decision
Post Decision
Pre-application
Acceptance
Pre-examination
Examination



Times in bold are statutory
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So whats 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

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But whats 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

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Guidance and Advice
Advice Note 11Working with public bodies in the
infrastructure planning process (part 1)
IPC Guidance
IPC Advice
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Pre-application work
Getting the application right

• 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

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Pre-application the developer in the lead
Other organisations

General public
Developer
Potential interested parties
Land owners neighbours
Local authorities
Statutory consultees
Government Depts
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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
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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

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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

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Local Authoritys 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 (?)

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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_at_infrastructure.gsi.gov.uk ni
kita.perepelov_at_infrastructure.gsi.gov.uk www.indep
endent.gov.uk/infrastructure