EN010041-Advice-00002-1-110725_EN010041_Inception presentation FINAL.ppt

IPC - Inception report

1. Infrastructure Planning Commission
Consenting procedures and the role of the Local
Authority
Mark Wilson & Nikita Perepelov
IPC Case Team for ‘The Isles’ scheme
1 September 2011

2. independent, impartial, inclusive
What we will be covering
–The IPC process: what’s different
–The special role of the Local
Authorities

3. independent, impartial, inclusive
The Planning Act 2008- Overview


1 2 3 4 5 6
Pre-application



Acceptance

Pre-examination

Examination
Recommend /
Decision
Post
Decision
c.2 years 28 days c.3 months 6 months 3 + 3 months 6 week
window
Times in bold are statutory

4. independent, impartial, inclusive
So what’s 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

5. independent, impartial, inclusive
But what’s 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

6. independent, impartial, inclusive
Guidance and Advice
IPC Guidance
Note 1:
Pre-application
stages
IPC Guidance
IPC Advice
IPC Guidance
Note 2:
Preparing
application
documents
Advice Note 1:
Local Impact Reports –
to assist local
authorities
Advice Note 2:
Working together on
NSIPs – Outreach &
Planning Performance
Agreements
Advice Note 3:
Consultation and
notification undertaken
by the IPC
Advice Note 4:
Section 52 – serving
a “land interests
notice”
Advice Note 5:
Section 53 – rights of
entry notice to access
land
Advice Note 6:
Preparation and
submission of
application documents
Advice Note 7:
Environmental Impact
Assessment, screening
and scoping
Advice Note 8:
A step by step guide to
the planning process
(in 5 parts)
Advice Note 9:
The Rochdale
Envelope
Advice Note 10:
Habitat Regulations
Assessment
(Soon to be published)
Advice Note 11:
Working with public
bodies in the
infrastructure planning
process (part 1)
Advice Note 12:
Development with
significant
transboundary impacts
consultation

7. independent, impartial, inclusive
Pre-application work
–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
Getting the application right

8. independent, impartial, inclusive
Pre-application: the developer in the lead
IPC professional and administrative services
Developer
Other
organisations
General
public
Potential
interested
parties
Statutory
consultees
Government Depts
Local authorities
Land owners &
neighbours

9. independent, impartial, inclusive
Post-application: the Examining Authority takes charge
IPC professional and administrative services

IPC Commissioners
Other
organisations
Potential
interested
parties
Statutory
consultees
Government
Depts
Local authorities
Land owners &
neighbours
General
public
Developers

10. independent, impartial, inclusive
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

11. independent, impartial, inclusive
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’

12. independent, impartial, inclusive
Local Authority’s 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 (?)

13. independent, impartial, inclusive
Contact us
Infrastructure Planning Commission (IPC)
Temple Quay House
Temple Quay
Bristol
BS1 6PN
0303 444 5000 – ask for Mark Wilson or Nik Perepelov
[email protected]
[email protected]
www.independent.gov.uk/infrastructure