Professional Documents
Culture Documents
1. Political
3. Procedures
4. Stakeholder
The IPC combines eight planning systems into a single process: (Planning Policy Statements;
Good Practice Guidance and Advice; Circulars and Statements; Regional Spatial Strategies;
Mineral and Waste Local development Frameworks; Local Development Frameworks;
Development Plan Documents; and, Supplementary Planning Documents).
It will also cut the time taken to make decisions from up to seven years to under a year (saving up
to £300 million a year).
The new planning system will give communities a greater say in planning decisions for major
infrastructure projects. The IPC will insist on seeing evidence that communities have been
consulted about proposed projects.
The IPC Planning Process Map Summary
Key Stages: IPC Planning Process and Proposed Timescales for Wind Projects
Once planning permission has been received, assume project must commence (i.e. ‘spade in the ground’) within
5 years as per previous practice (in discussion at present)
Statement of Community Consultation (SoCC)
• Suggestion that the IPC would try to get round the prohibition on
considering carbon impacts by taking account of advice from the
Committee on Climate Change on carbon impacts, i.e. do it indirectly.
• It was admitted that the IPC could not stop people giving evidence on
need. In its annual report, the IPC would mention any perceived
conflict between government policies, e.g. need versus carbon
impacts - another way it might make its feelings known on carbon
impacts.
Local Impact Reports (awaiting IPC Guidance)
• The Local Impact Report is the one document that the Infrastructure
Planning Commission (IPC) must take into account when it makes a
decision on an application made to it for a nationally significant
infrastructure project.
• The wider set of local authorities that can each send the IPC a local
impact report, so this could mean the IPC being inundated with up
to 39 local impact reports for a single application - even more if the
application crosses local authority boundaries.
contd. Local Impact Reports (awaiting IPC Guidance)
• IPC recommends that the IPC sets a deadline for the submission of LIRs of six
weeks after the 'preliminary meeting' (the new term for pre-inquiry meeting)
that the IPC must hold when it kicks off examination of an application. .
• It should probably be thinking about it from the moment the promoter starts its
pre-application consultation, or if it is one of the host authoritiesconsults it on
the statement of community consultation.
– Planning policy
- Legal and Financial
– Landscape and Visual
– Noise
– Ecology & Ornithology
– Archaeology and Cultural Heritage
– Geology and Hydrology
– Transport and Transportation
– Social and Economic Factors
– Infrastructure, Telecommunications and Air-safeguarding
– Public Access and Amenity
– Land Use and Forestry
3rd Party Land Ownerships
Cabling Routes
Habitat Management
Access Provisions – Wayleaves and Other Land Transactions
‘Blight’ Potential
Potential Development Sites
‘Issues’ Groups and
Legal Challenges
‘Issues’ Groups
Legal
• The government hopes that as a result of the various means by which expedition has been
built into the new system, applications for an NSIP should be determined within less than a
year, with an annual overall saving to the economy in the region of £300m.
• Commentators have noted the vulnerability of the new system to legal challenge at many
stages, from the formulation of the NPS, right through to the examination procedures
adopted by the IPC, and have suggested that, as a result, the anticipated acceleration of the
determination process could be significantly undermined.
Typical Problems relating to Renewable Energy Projects (Wind Farms)
5. Supply Chain Capability
and
Grid Capacity and Infrastructure
Supply Chain Capability for Energy Renewables Projects
Inter-Turbine Cables
Offshore Sub-Station, if necessary (Expensive – avoid if possible)
Transmission Cables to shore
Onshore Sub-Station (and Onshore Cables)
Electrical Systems
Transmission Cables to shore
Cable Size Optimisation to minimise losses
Cable Landing important
Onshore Sub-Station relatively standard design
Reactive Compensation important – long HV cables produce significant reactive power
Grid Operator Requirements important:
- Reactive Power Control
- Voltage Control
- Ability to Limit Power Output, or Rate of Change of Power
- Power Quality: Voltage Steps; Voltage Flicker; and, Harmonics
Grid Capacity and Infrastructure
The short list of firms competing for transmission links to wind farms includes:
• Green Energy Transmission (a consortium of Equitix Ltd and AMP Capital Investors Ltd);
Ofgem is set to announce which bidders have been successful in May 2010.
The companies will then take ownership of the transmission links once they are constructed
and in return will receive a stable, regulated income for 20 years.
6. Planning Performance Agreements and Planning Gain:
• The ‘mandatory’ issue – that paying CIL is mandatory, so developers would not
have the option to fail to agree a s106 agreement and then appeal the
application for non-determination;
• The ‘residue’ issue – that the more money is spent paying CIL, the less will be
available for other areas such as affordable housing;
• The ‘spending’ issue – that local authorities will not wish to hand over CIL to
infrastructure providers without strings attached; and
• The ‘liability’ issue – that landowners will have to be careful to deal with liability
for CIL if ownership changes during the lifetime of a project.
Contd. Planning Performance Agreements and Planning Gain:
• CIL - is a way of introducing greater certainty in the thorny area of new development
having to pay for the infrastructure that would be needed to support it.
• The principle is that each local planning authority will publish a ‘charging schedule’ of
how much each type of development should pay towards ‘infrastructure’ according to
its size, although it does not have to do so – this is a voluntary scheme.
• Developers will therefore know in advance how much they will have to stump up.
• The charging schedule will be subject to examination in the same way as development
plan documents.
• The charge becomes payable upon commencement of the development.
• Even where the scheme is in place, CIL will not wholly replace section 106
agreements, the current ad hoc scheme for raising infrastructure contributions, but they
may be prevented from being used to operate planning gain tariffs after a couple of
years' operation of the CIL.
7. Suggested Courses of Actions to Overcome Challenges
Challenges For Onshore Project Development Suggested Course of Action
under the IPC
1. Political a. Continue consultations with MPs, Councillors /
Leaders, RDAs, National Grid, OFTO, Ofgem etc
2. Policy a. Continue to engage with IPC, DECC etc.
b. Ensure conformity with the IPC Planning Process (see
slides)
c. Ensure that Energy Renewable ‘solution’ gets
addressed by RDAs, LPAs, RSSs, UDP, LDF and other
DPDs
d. Engage with host LPA to ensure that satisfactory SPD
for Planning Gain is being drafted or in place
e. Engage best planning consultancy
4. Statement of Community Consultation (SoCC) a. Examine SoCCs already submitted to IPC and ‘take-
on-board’ IPC Opinion
b. Ensure SoCC conforms to Government Guidance
c. Engage best consultancy to formulate SoCC
6. Carbon Capture Storage (CCS) a. Issue should become clearer following consultation
exercises
7. Local Impact Reports (awaiting IPC Guidance) a. Identify all those potential authorities that may be submitting
a LIR
b. Begin to formulate what base-line data may be necessary
for host / affected Local Planning Authorities (LPAs)
c. Engage with host / affected (LPAs)
d. Do not contribute financially to any LPA (LIR) to avoid
accusations of ‘buying’ planning permission
10. IPC Planning Procedures a. Optimise timescales on IPC Process for maximising delivery
of the Planning Decision
Challenges For Onshore Project Development Suggested Course of Action
under the IPC
11. Technical / Supply Chain a. Engage with Supply Chain as early as possible
b. Ensure technical, regulatory licences are in place
12. Consultation a. Effective consultation with Statutory and Non-Statutory
authorities / bodies will be key to achieving a
successful outcome in the optimum time available
b. Ensure management processes are in place to ensure
it happens
c. Dedicated website for distributing information
13. Key Stakeholder Management and Relationship-a. Effective consultation with Statutory and Non-Statutory
Building Activities authorities / bodies will be key to achieving a
successful outcome in the optimum time available
b. Ensure management processes are in place to ensure
it happens
c. Dedicated website for distributing information
Challenges For Onshore Project Development under Suggested Course of Action
the IPC
14. The Project Team and Project Management a. Management Team (Project ‘Standardisation’ Systems)
b. Management and Documentary Systems
c. Sharing of Best Practice
d. GIS Systems
e. To be made available by appropriate ‘cloud’ computing
16. Planning Performance Agreements and Planninga. A specialised task that involves Legal, Planning,
Gain: Community Infrastructure Levy, Section 106s Engineering and Financial expertise
and Section 278s b. Ensure all disciplines attend meeting with LPAs etc
17. 3rd Party Land Ownerships a. Engage services of best land agent
b. Formulate land requirements early on in the process
c. Ensure all legal processes are followed
d. Take planning/legal/Counsel advice where appropriate
18. Offshore Transmission Network Owners (OTNO) a. Engage with all interested parties as soon as possible
Appendices
Appendix 1:
Statutory and Non-Statutory Organisations involved
in New Build NSIPs
Statutory and Non-Statutory Organisations
involved in New Build NSIPs
Appendix 2: Statutory Consultees on NPSs and NSIPs
National: Public Authorities
Central Government
Local Government
The National Health Service
Maintained Schools and Other Educational Institutions
Police
Other Public Bodies and Offices – England and Wales
Other Public Bodies and Offices – Northern Ireland
Statutory Consultees (1 of 2)
(a) The Scottish Executive
(b) Welsh Ministers
(c) Relevant Northern Ireland Department
(e) The relevant Strategic Health Authorities
(f) The Health and Safety Executive
(g) The relevant Fire and Rescue Authorities
(h) The relevant Police Authorities
(i) The relevant Regional Development Agencies
(j) The relevant Parish Councils (Community Councils in Wales and Scotland)
(k) The Environment Agency
(l) Natural England
(m) The Commission for Architecture and the Built Environment
(n) The Equality and Human Rights Commission
(o) The Local Government Association
(p) The Commission for Sustainable Development
(q) The relevant Regional Assemblies
(r) The Crown Estate Commissioners
(s) The Maritime and Coastguard Agency
(t) The Marine and Fisheries Agency
(u) The relevant local resilience forum
(v) The Highways Agency
(w) The relevant Highways Authority
(x) Scottish Natural Heritage
(y) Transport for London
(z) The Civil Aviation Authority
Statutory Consultees (2 of 2)
(aa) The Rail Passengers Council
(bb) The Disabled Persons Transport Advisory Committee
(cc) The Coal Authority
(dd) The Office of Rail Regulation and approved operators
(ee) The Gas and Electricity Markets Authority
(ff) The Water Services Regulation Authority
(gg) The Forestry Commission
(hh) The British Waterways Board
(ii) The Health Protection Agency
(jj) The relevant statutory undertakers
(kk) Trinity House
(ll) The relevant waste regulation authority
(mm) The relevant internal drainage board
(nn) The Countryside Council for Wales
(oo) The Royal Commission on the Ancient and Historical Monuments of Wales
(pp) The Historic Buildings and Monuments Commission for England
(qq) The Commission for Rural Communities
(rr) The Homes and Communities Agency
(ss) The relevant Integrated Transport Authorities and Passenger Transport Executives
Appendix 3: IPC – Anticipated / Confirmed Projects
Appendix 4:
Where Development Consent is required under the Act, there is no need for
certain other consents to be obtained – such as planning permission,
pipeline authorisation, an order under the Transport and Works Act 1992,
consent under the Electricity Act 1989 or listed building consent. The Act
also provides for the establishment of the Infrastructure Planning
Commission (“IPC”) who will examine and, where a National Policy
Statement (NPS) has been designated, determine applications for
development consent.
Section 5 of the Act provides for the designation by the Secretary of State of
NPSs. A NPS may, in particular, set out, in relation to specified descriptions
of development, the amount, type or size of development, the criteria in
deciding appropriate locations and the weight to be given to specific criteria.
Section 74 provides that where a NPS has effect in relation to development
of the description to which the application relates, the IPC will examine and
determine the application.
Appendix 5:
Based on:
20-30 year Business / Masterplans for National Rail,
DfT and National Grid.