independent, impartial, inclusive The Infrastructure Planning Commission and the application process Gideon Amos OBE – Commissioner Jessica Potter – Case Leader 15 February 2011

independent, impartial, inclusive 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

independent, impartial, inclusive Five commitments 1.Engagement 2.Openness 3.Consensus 4.Sustainability 5.Independent decisions

independent, impartial, inclusive The Planning Act Pre Application IPC Acceptance Pre- Examination Examination Decision Post Decision

independent, impartial, inclusive The role of the IPC Pre-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

independent, impartial, inclusive Pre-application: effective community and organisational engagement Developer IPC professional and administrative services other organisations general public potential interested parties statutory consultees government depts & NPSs local authorities land owners & neighbours

independent, impartial, inclusive Post application: effective gathering of evidence and decision making IPC Commissioners IPC professional and administrative services other organisations potential interested parties statutory consultees government depts & NPSs local authorities land owners & neighbours general public developer

independent, impartial, inclusive Advice and guidance Planning Act 2008 Statutory Instruments and Explanatory Memoranda CLG guidance documents IPC guidance and advice documents National Policy Statements

independent, impartial, inclusive 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 and democratically accountable fast-track process for major infrastructure projects’.

independent, impartial, inclusive 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.

independent, impartial, inclusive 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

independent, impartial, inclusive 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

independent, impartial, inclusive 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

independent, impartial, inclusive 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)

independent, impartial, inclusive 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?

independent, impartial, inclusive 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

independent, impartial, inclusive 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)

independent, impartial, inclusive 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

independent, impartial, inclusive Contact us Jessica Potter: e: Infrastructure Planning Commission (IPC) Temple Quay House Temple Quay Bristol BS1 6PN