Independent, impartial, inclusive The Infrastructure Planning Commission and the application process Gideon Amos OBE – Commissioner Jessica Potter – Case

independent, impartial, inclusive

The Infrastructure Planning Commission and the application process

Gideon Amos OBE – Commissioner Jessica Potter – Case Leader

15 February 2011


A new planning process for national infrastructure projects

– A simpler process– Faster decisions– A fairer approach– Engaging people and

communities– Independent professional

judgement– Cutting costs


Five commitments

1. Engagement

2. Openness

3. Consensus

4. Sustainability

5. Independent decisions


The Planning Act 2008

1 2 3 4 5 6

Pre Application

IPC Acceptance

Pre-Examination

Examination Decision Post Decision


The role of the IPCPre-application:– Inception meeting– Advice to all parties– Screening and scoping– Effective consultation

Acceptance:– 28 days to determine whether an application

can be accepted– Comments from local authority on adequacy of

consultation

Examination:– Preliminary meeting– Inquisitorial style– Emphasis on written representations– Hearings: Specific Issues, Open

and Compulsory Purchase

Decision/Recommendation:– Independent report and recommendation


Pre-application: effective community and organisational engagement

Developer

IPC professional and administrative services

otherorganisations

generalpublic

potentialinterested

parties

statutoryconsulteesgovernment depts

& NPSslocal authorities

land owners &neighbours


Post application: effective gathering of evidence and decision making

IPC Commissioners

IPC professional and administrative services

other organisations

potentialinterested

parties

statutoryconsultees

government depts& NPSslocal authorities

land owners &neighbours

generalpublic

developer


Advice and guidance

Planning Act 2008

Statutory Instruments

and ExplanatoryMemoranda

CLG guidancedocuments

IPC guidance and advice documents

National PolicyStatements


Looking to the future

– NPSs to be voted on by Parliament– Localism Bill – new primary legislation– A new Major Infrastructure Planning Unit

within the Planning Inspectorate (Spring 2012)

– Expertise, processes and special character of the IPC to be retained

– Secretary of State to make final decisions– Seamless transitional arrangements.

Commitment to ‘an efficient anddemocratically accountable fast-track process for major infrastructure projects’.


How our process works

Pre-application advice to applicant and others.Outreach activity to raise awareness and encourage effective consultation.

28 days to decide whether to accept

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.

6 week window for legal challenge

Pre-Application

Acceptance

Pre-Examination

Examination

Decision

Post Decision

IPC Chair appoints Panel or Single Commissioner

IPC has 3 months to make recommendation. Secretary of State has 3 months to make final decision.


The Pre-application Stage

– Frontloaded process

– Driven by applicant

– Effective engagement

– Comprehensive EIA

– SoCC

– Draft DCO

– Limited scope for amending applications post submission

No shocks and no surprises


The 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


The Pre-examination and Examination stages

Pre-examination– IPC moves to centre

stage– Relevant

representations– Initial assessment of

issues– Preliminary meeting– Procedural decision– Timetable for

examination

Examination– Statements of common

ground– Local impact reports– Written representations– Hearings: Specific issue /

Open floor / Compulsory purchase

– Possible appointment of assessor


The Decision and Post-Decision Stages

Making a decision (or recommendation to the Secretary of State)– 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)


The role of local authorities

– Statutory Consultee– Involved at all stages– SoCC– Comment on adequacy of consultation– Draft DCO– Local Impact Report– Liaison on timescales– Enforcement– Resources – PPA?


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 before application

– IPC advice note

www.independent.gov.uk\infrastructure


Key Statutory Deadlines for Consultees

– Scoping Opinion Consultation (28 days)

– LA comments on draft SoCC (28 days)

– Pre-application consultation and publicity (min 28 days responses)

– LA adequacy statement within 14 days of submission.

– Submission of relevant representation following application acceptance (min 28 days)

– Local Impact Report (approximately 6 weeks from Preliminary Meeting)

– Submission of detailed written representations (min 21 days)


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


Contact us

Jessica Potter: 0303 4445077 e: [email protected]

Infrastructure Planning Commission (IPC)

Temple Quay House

Temple Quay

Bristol

BS1 6PN

0303 444 5000

[email protected]

www.independent.gov.uk/infrastructure

Documents

Independent, impartial, inclusive The Infrastructure Planning Commission and the application process Gideon Amos OBE – Commissioner Jessica Potter – Case