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Planning Act 2008: Consultation on Examination Procedures for Nationally Significant Infrastructure Projects

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Planning Act 2008: Consultation on Examination Procedures for Nationally Significant Infrastructure Projects Planning Act 2008: consultation on examination procedures for nationally significant infrastructure projects www.communities.gov.uk community, opportunity, prosperity Planning Act 2008: consultation on examination procedures for nationally significant infrastructure projects July 2009 Department for Communities and Local Government: London Department for Communities and Local Government Eland House Bressenden Place London SW1E 5DU Telephone: 020 7944 4400 Website: www.communities.gov.uk © Crown Copyright, 2009 Copyright in the typographical arrangement rests with the Crown. This publication, excluding logos, may be reproduced free of charge in any format or medium for research, private study or for internal circulation within an organisation. This is subject to it being reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the publication specified. Any other use of the contents of this publication would require a copyright licence. Please apply for a Click-Use Licence for core material at www.opsi. gov.uk/click-use/system/online/pLogin.asp, or by writing to the Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey TW9 4DU e-mail: [email protected] If you require this publication in an alternative format please email [email protected] Communities and Local Government Publications Tel: 0300 123 1124 Fax: 0300 123 1125 Email: [email protected] Online via the Communities and Local Government website: www.communities.gov.uk July 2009 Product Code: 09 COMM 06001 ISBN: 978 1 4098 1607 2 Contents | 1 Contents Summary of consultation details 2 Chapter 1: Purpose of the consultation 5 Chapter 2: Context of the consultation 8 Chapter 3: How we are implementing the Planning Act 2008 9 Chapter 4: The consultation documents explained 14 Chapter 5: Full list of consultation questions 33 Annex 1: Draft Infrastructure Planning (Examination Procedures) Rules 2010 36 Annex 2: Draft Infrastructure Planning (Interested Parties) Regulations 2010 49 Annex 3: Draft Infrastructure Planning (National Security and Appointed Representatives) Rules 2010 56 Annex 4: Draft guidance on examination procedures 65 Annex 5: Draft Infrastructure Planning (Decisions) Regulations 2010 86 Annex 6: Draft Infrastructure Planning (Compulsory Acquisition) Regulations 2010 90 Annex 7: Draft guidance related to procedures for compulsory acquisition 107 Annex 8: Draft Infrastructure Planning (Fees) Regulations 2010 130 Annex 9: Impact assessment related to draft regulations on application fees and the draft exammation procedure rules 135 Annex 10: Draft Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 167 2 | Summary of consultation details Summary of consultation details Scope of the consultation Topic of this This consultation relates to a suite of draft regulations consultation: and guidance documents that set out the procedures for examinations on nationally significant infrastructure projects, fees that will be payable to the Infrastructure Planning Commission (IPC) when an application for development consent is made, and on matters which the IPC should take account of in any decisions to make an order granting development consent. Scope of this This consultation is to ensure that the draft consultation: regulations and guidance documents appropriately reflect what is needed to implement the relevant parts of the Planning Act 2008. Amendments to these documents will be considered as a result of the consultation responses. Geographical The proposals in this document would, if taken scope: forward, apply to England, Wales and Scotland in accordance with the scope of the Planning Act 2008. Impact An impact assessment has been prepared for certain assessment: aspects of this consultation – namely the proposed examination procedures rules and the proposed fees regulations. This impact assessment has been included as Annex 9 to this document. Other policy options considered in this consultation do not have an additional impact on business, charities or the public sector beyond that examined in the impact assessment that accompanied the Planning Act 2008. Summary of consultation details | 3 Basic Information To: This consultation is aimed at any person or organisation that has an interest in the new approach to planning for and constructing nationally significant infrastructure, which is being introduced through the Planning Act 2008 and the secondary legislation and guidance. It will include infrastructure promoters, infrastructure regulators, statutory consultees, local authorities, business communities, civic and environmental organisations, members of the public. Body/bodies Department for Communities and Local Government responsible for (Planning Reform Team) the consultation: Duration: Consultation published on 14 July 2009 and ends on 5 October 2009 Enquiries: Linda Rawlings Tel: 020 7944 0810 Email: [email protected] How to respond: Responses can be submitted by email to: [email protected] Alternatively, hard copy responses should be sent to: Linda Rawlings Nationally Significant Infrastructure Division Department for Communities and Local Government Eland House, Bressenden Place London SW1E 5DU Additional ways The department periodically holds stakeholder events to become on Planning Act implementation, as well as giving involved: presentations and talks at relevant conferences and meetings. After the A summary of responses to the consultation will be consultation: published on the Department’s website within three months of the closing date for consultation, i.e. 5 October 2009. Information on the department’s consultation is available from: www.communities.gov.uk/corporate/publications/ consultations 4 | Summary of consultation details Compliance with This consultation complies with HM Government’s the Code of Code of Practice on Consultation. Practice on Consultation: Background Getting to this There was a public consultation on the Planning white stage: paper between May and August 2007. The Planning Bill was introduced to Parliament in November 2007, and received Royal Assent in November 2008. This document represents the third consultation document which outlines packages of draft regulations and guidance for how the Planning Act regime will operate in practice. Previous Other Government Departments such as DECC, DfT engagement: and Defra have been engaged throughout the development of these proposals. We have taken account of responses to the consultation on the Planning white paper and discussions in Parliament during the passage of the Planning Act. Chapter 1: Purpose of the consultation | 5 Chapter 1: Purpose of the consultation 1. The Planning Act 2008 (‘the Planning Act’ or ‘the Act’) provides for a more efficient, transparent and accessible planning system for nationally significant transport, energy, water, waste and waste-water infrastructure projects. In particular, it makes provision for the creation of a new independent body, the Infrastructure Planning Commission (IPC), which will take over responsibility for considering and deciding on major infrastructure applications; and for the Government to produce national policy statements (NPS) which will provide clarity on what the national need for infrastructure is and set the policy framework for IPC decisions. 2. Secondary legislation is required that will set out the detail of the procedures to be followed for examinations by the IPC of applications for development consent for nationally significant infrastructure projects, the detail of application fees that will be payable to the IPC for such applications, matters relating to how the IPC decides such applications, and matters relating to development consent orders which give effect to a decision to authorise such applications. The Secretary of State is also intending to issue guidance documents on these topics. This consultation is on a suite of draft statutory instruments and guidance documents that are intended to fulfil these requirements. In preparing these documents, the Government has reflected on the views expressed during the consultation on the Planning white paper and during the passage of the Planning Bill through Parliament. Following consultation we intend to make these regulations, rules and orders in the winter of 2009/10, and at the same time publish the guidance documents. How to respond 3. The Government welcomes your views on the proposals set out in this consultation paper. Consultation responses should be submitted by email to: [email protected] Or by post to: Linda Rawlings Nationally Significant Infrastructure Division Department for Communities and Local Government 1st Floor, Eland House Bressenden Place London SW1E 5DU Please let us have your comments no later than 5 October 2009. 6 | Chapter 1: Purpose of the consultation The consultation criteria 4. The Government has adopted a code of practice on consultations. Though they have no legal force, and cannot prevail over statutory or other mandatory external requirements (e.g. under European Community Law), the criteria in the Code of Practice on Consultation should otherwise generally be regarded as binding on UK departments and their agencies, unless ministers conclude that exceptional circumstances require a departure. 5. The criteria below apply to all UK national public consultations on the basis of a document in electronic
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