1. England’s Economic Heartland Strategic Alliance A National Policy Statement for the Heartland?
Robbie Owen, Partner and Head of Infrastructure Planning and Government Affairs
12 September 2018

2. Nationally Significant Infrastructure Projects (NSIPs)
Under the Planning Act 2008 Nationally Significant Infrastructure Projects (NSIPs) must be approved by the relevant Secretary of State
NSIPs are large and/or significant projects within the five fields of energy, transport, water, waste water and waste - thresholds apply
‘Commercial and business’ NSIPs can now opt into the regime, with a Secretary of State’s direction
Related housing
NSIPs are approved by Development Consent Orders (DCOs)
National Policy Statements (NPSs) are the backbone of this regime

3. Current National Policy Statements (NPSs)
The designated NPSs are currently:
6 energy NPSs – overarching energy, renewable energy, fossil fuels, oil and gas supply and storage, electricity networks and nuclear power
Ports NPS
National Networks NPS
Hazardous waste NPS
Waste Water NPS
Airports NPS
The Government has recently consulted on a draft water resources NPS and is expected to consult soon on a draft nuclear waste geological disposal NPS

4. National Policy Statements
Wide power for the Secretary of State to designate NPSs for the purposes of the 2008 Act: ‘setting out national policy re one or more specified descriptions of development’
“The policy set out in a national policy statement may in particular-
set out, in relation to a specified description of development, the amount, type or size of development of that description which is appropriate nationally or for a specified area;
set out criteria to be applied in deciding whether a location is suitable (or potentially suitable) for a specified description of development;
set out the relative weight to be given to specified criteria;
identify one or more locations as suitable (or potentially suitable) or unsuitable for a specified description of development;
identify one or more statutory undertakers as appropriate persons to carry out a specified description of development;
set out circumstances in which it is appropriate for a specified type of action to be taken to mitigate the impact of a specified description of development.”
Where a NPS ‘has effect’ the Secretary of State must, in deciding whether to grant a DCO, make that decision in accordance with the NPS (subject to certain exceptions) but an NPS is also a material consideration for TCPA applications

5. Process for designating NPSs
Formal process set out in the Planning Act 2008:
Publication of draft - with Appraisal of Sustainability, etc
Consultation
The Secretary of State must carry out such consultation as he/she thinks appropriate.
Publicity
Location-specific NPSs must be publicised appropriately.
Parliamentary scrutiny
When the consultation draft NPS is laid before Parliament, an existing House of Commons Select Committee is appointed to consider it.
House of Commons approval and then SoS designation
Formal process for suspension and/or review of NPSs

6. What could an NPS for the Heartland say?
The NIC report highlights East West Rail and Oxford-Cambridge Expressway as likely NSIPs but there could be several others, e.g. energy and utilities and water NSIPs
Evidence base from existing work
The NPS could:
Set out the need and in-principle support for the infrastructure concerned
Set out any wider government policies that are applicable
Set out the generic impacts of the infrastructure (e.g. traffic and transport impacts, air quality, noise, landscape and biodiversity)
Contain clear and concise policy tests and assessment principles that can be robustly met in DCO application documents
Set out material considerations for TCPA applications in the Heartland to supplement the NPPF and other planning policy

7. Benefits of an NPS for the Heartland?
Powerfully embed the importance of the arc into national planning policy for a significant period of time: providing long term policy certainty and commitment from central gov’t
Provide robust alignment at the regional level
Embed the need for a coordinated approach to the planning and delivery of strategic infrastructure
Provide a strengthened framework for strategic infrastructure, working alongside the local development plan
The determining factor when deciding DCOs for the strategic infrastructure and a material consideration when deciding normal planning applications
Clarity and certainty for decision-makers, scheme promoters, investors and communities on Government policy re NSIPs and the way in which impacts and mitigation should be assessed (e.g. the National Networks NPS is very general and not enough to demonstrate need).

8. Any questions?