Planning for Nationally Significant. Infrastructure. Projects. Plan Design Enable

Transcription

1 Infrastructure Planning for Nationally Significant Projects Plan Design Enable

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3 1. Introduction The Planning Act 2008 sets out the regime for dealing with Nationally Significant Infrastructure Projects. Following lengthy planning inquires for such projects, in particular the one for terminal five at Heathrow, the Government is seeking to substantially lower the time taken to give consent to major projects in the fields of energy, transport, water, waste and waste water. Under the Planning Act 2008, the system is based around the preparation of policy documents for England setting out the need case for major infrastructure. The National Infrastructure Planning team at the Planning Inspectorate make recommendations to the Secretary of State who then determines the application. 1

4 2. Nationally Significant Infrastructure Projects The Planning Act 2008 introduced a new system for consenting major infrastructure, known as nationally significant infrastructure projects (NSIPs), in England and (where power remains un-devolved) in Wales. There are three main elements to the new procedures for NSIPs: The designation of National Policy Statements (NPSs), which set out national policy for specified descriptions of development; The creation of the National Infrastructure Directorate (NID) which is at the Planning Inspectorate is the examining authority for NSIPs; and The creation of Development Consent Orders (DCOs) to authorise NSIPs, replacing the current variety of consents required for NSIPs. 2

5 3. National Policy Statements A series of National Policy Statements (NPSs) have been introduced in order to provide a clear strategic policy framework for decision making on nationally significant infrastructure. The guidance sets out the principles behind the need for each type of NSIP. The statements are subject to Parliamentary scrutiny, public consultation and Appraisal of Sustainability (AoS) including, where appropriate, Strategic Environment Assessment (SEA). The Act specifies that National Policy Statements can include: The amount, type or size of the specified development appropriate nationally or for a specified area; Criteria to be applied in deciding suitable locations; The relative weight to be given to specified criteria; The identification of strategically suitable sites for location-specific NPSs for aviation and nuclear power; The appropriate statutory undertaker to carry out specified development; and Mitigation measures which should be taken for a specified development. The majority of the NPSs are non-location specific. However, along with the general principles, the nuclear NPS sets out the strategically acceptable locations for these proposed types of national infrastructure. It is anticipated that the airports NPS will also be location specific. The NPSs provide the overall framework within which decisions on NSIPs are made. The current publication status of the NPSs is set out in Table 3.1. National Policy Statements Designation Date Overarching Energy 19th July 2011 Renewables 19th July 2011 Fossil Fuel 19th July 2011 Electricity Networks (i.e. power lines etc) Oil and Gas Infrastructure (e.g. pipelines and storage) 19th July th July 2011 Nuclear Power 19th July 2011 Ports 26th January 2012 National Networks (i.e. strategic roads and railways, including strategic rail freight interchanges) Airports Waste Water (e.g. sewage treatment) Water Supply (e.g. reservoirs) Hazardous Waste (e.g. high temperature incineration) Consultation Draft January 2014 TBC 9th February 2012 TBC 6th June 2013 Strategic Rail Freight Interchanges 29th November 2011 Table 3.1 Current NPS Status Anticipated Designation Later

6 4. DCO Thresholds Thresholds have been set for a number of different types of NSIP. If the proposed development is above those thresholds then a DCO will be required. The thresholds are set out in Table 4.1 below. Energy Application to Conditions Thresholds Generating station (E/W) Electric line (E/W) Underground gas storage (E/W) LNG facility (E) Gas reception facility (E) Construction or extension onshore Construction or extension offshore (in territorial sea or Renewable Energy Zone (REZ)) Installation above ground Operations to create or alter facilities in cavities or porous strata; or starting to use such facilities in England Starting to use natural porous strata in Wales by a gas transporter Construction or alteration for the reception of LNG from outside England, its storage and re-gasification Construction or alteration where facility is in England and the gas originates and arrives from outside Great Britain More than 50MW More than 100MW New lines at least 132kv, outside premises in the occupation or control of the installer, and greater than 2km in length. At least 43m m³ capacity or a maximum flow rate of at least 4.5m m³ per day At least 43m m³ storage capacity or a maximum flow rate of at least 4.5m m³ per day A maximum flow rate of at least 4.5m m³ per day Gas transporter Construction of a pipeline by a gas transporter Pipeline is more than 800mm in Pipelines (E) Wholly or partly in England Diameter and more than 40km in length or likely to have a significant effect on the environment. Must have a design operating pressure of more than 7 bar gauge. Must convey gas to minimum of 50,000 customers Sector: E = England W = Wales S = Scotland Note: Electricity generation for proposals >300MW have to demonstrate Carbon Capture Readiness 4

7 Photomontage view of proposed Walton Bridge 5

8 Energy (continued) Application to Conditions Thresholds Other pipelines (E/W/S) Transport Highway (E) Highway (E) Airport (E) Harbour (E/W) Railway (E) Rail freight interchange (E) The construction of a cross-country pipeline which would otherwise require authorisation under s1(1) of the Pipelines Act 1962 with each end in England or Wales or (if an oil or gas pipeline) with one end in Scotland Diversion of such a pipeline Construction or alteration of a highway for which the SoS will be the highway authority, or of a highway constructed for a purpose connected with SoS highway. Improvement of a highway in respect of which the SoS is the highway authority. Construction, alteration (of runway, a building, radar, radio mast, antenna or other apparatus) or increase in permitted use. Construction or alteration. Construction or alteration on approved operator s network but excluding a railway forming part of a rail freight interchange. Construction or alteration on land which forms part of (or is expected to form part of) the railway network but excluding an interchange forming part of a military establishment. None When development area for Motorways is greater than 15ha, for highways with speed limit greater than 50mph where the development area is greater than 12.5 hectares, and for any other road where development area is greater than 7.5 hectares. Where there are likely to be significant environmental effects. At least 10m passengers per year; or 10,000 air cargo movements per year (or increase by that number). At least 500,000 TEU for container ships; 250,000 units for ro-ro ships, or 5m tonnes for other cargo ships (all per year) or a proportionate combination of these. Over and above permitted development rights and greater than 2km in length. Only applies to Network Rail currently. At least 60ha; including warehouses; at least four goods trains per day; and handling consignments from multiple consignors and consignees. 6

9 Water Application to Conditions Thresholds Dam or reservoir (E) Construction or alteration by water undertaker Exceeding 10m m³ water held back or stored (or increase by that number) Transfer of water resources (E) Waste Water Transfer by water undertakers between river basins; between water undertakers areas; and between river basins and water undertakers areas but excluding the transfer of drinking water Exceeding 100m m³ water per year Waste water treatment plant (E) Waste Hazardous Waste Facility (E) Any of the above Any of the above, falling below the thresholds indicated (E) Any other type of project which the SoS may by order designate (E) Construction or alteration by water undertaker Construction or alteration for final disposal or recovery Where the SoS believes that the development, when considered with one or more other projects or proposed projects, is of national significance. In the field of energy includes projects within the REZ (except where Scottish ministers have functions) In the fields of energy, transport, water, waste water or waste In the field of energy includes projects within the REZ (except where Scottish Ministers have functions) Exceeding 10m³ water held back or stored (or increase by that number) Disposal by landfill or in deep storage more than 100,000 tonnes per year (or increase by that number) Otherwise more than 30,000 tonnes per year (or increase by that number) Not applicable Includes business and commercial projects of national significance. 7

10 5. Application Process 8 The application process for development consent follows a series of procedures as set out below and in the flowchart at Figure 5.1: Pre-inquiry meeting establishing whether the project meets qualifying criteria and provides advice for the consultation and information required for the application; At the pre-application stage developers are required to undertake consultation with the relevant local authorities, local communities and other stakeholders and to conduct environmental assessments, if required by EIA regulations; Major applications examined by panel of Inspectors, where written representations are considered and a decision reached; Hold a hearing (if requested by at least one interested party) to consider oral representations; Hold a public open-floor hearing for interested parties (if requested by at least one interested party) to make oral representations; The Examining Authority will decide how the hearing is conducted. Hearings can be one of three types: On specific issues, if the examining authority considers a hearing of this kind would assist the examination process. More than one may potentially be held at the same time where appropriate, when the Examining Authority is a panel; On compulsory acquisition matters, if one is requested by an affected party (i.e. whose land or land interests are proposed to be acquired) when responding to the notification by the applicant about the accepted application and confirmed through the procedural meeting; or Of an open-floor format. Interested parties have a right to be heard at an open-floor hearing if they request one in response to the applicant s notice of acceptance of the application and this is confirmed through the procedural meeting. This gives people the opportunity to explain their views to the Examining Authority in person, for example to emphasise or develop points made in writing. The Examining Authority can appoint a legal advocate to provide advice, which may include the conducting of oral questioning at hearings, but if questioning is allowed it should be done by an Inspector, unless the Inspector thinks questioning by another person is necessary and the Inspector can refuse to allow representations; Interested Parties can make written representations even if they requested to make oral representations; Examinations of the application should be completed in 6 months. A recommendation to the Secretary of State will be issued within 3 months. The Secretary of State has a further 3 months to make a decision. The granting of development consent gives the necessary authorisation for development without the requirement for additional consent; and, Decisions on development consent is subject to judicial review, however there is a 6 week limit on taking this action.

11 Figure 5.1 NISP Process Flowchart Source: CLG (2009) Nationally Significant Infrastructure Proposed Draft National Policy Statement Parliamentary Scrutiny Figure 5.2 on the following page sets out the stages of determination and the application process as a whole. It is worth noting that, once the applicant has got a scheme in mind, statutory pre-application local consultation can take up to 18 months. However, the principle of the NSIP development should have been set out via the NPSs and thus not subject to further discussion. This is considered to be the driver for this change. Sustainability Appraisal Difficulties in the determination of NSIPs (such as Heathrow Terminal 5) have been exemplified by over-long public inquiries. One factor causing this has been a lack of clarity over strategic issues Public Consultation of national policy and need. The determination of NSIPs will not now be subject to delay around discussion related to the principle of the development; rather the determination should focus on the local effects Local Consultation National Infrastructure Directorate Final National Policy Statement of the proposed development. Open-Floor Hearing Specific-Issue Hearing Secretary of State 9

12 Figure 5.2 Process and Consultations Determination Matrix Pre-application procedure Application submission Examination of application Complete examination Decision Applicant prepares consultation statement, agrees statement with LA and publishes in local paper Applicant submitted and NID reject / accept application and consider adequacy of representations Examining authority to decide how to decide application Examining authority under duty to consider within 6 months Secretary of State to decide within 3 months following examining authority s report Applicant carries out statutory consultation Applicant to give notice of accepted application and notify of deadline for responses Examining authority to make initial assessment of issues Examining authority to inform interested parties of when examination complete Secretary of State publishes statement to allow order or refuse consent Applicant takes account of responses to consultation Applicant to publicise application Examining authority to host meeting Applicant publishes proposed application NID to appoint Inspector(s) Examining authority to decide to hold hearing or by written representation Referral of report to the Secretary of State Legal challenge? 10

13 Nuclear Power National Policy Statements Atkins provided advice and assistance to Department of Energy and Climate Change in respect of production of National Policy Statement (NPS) to guide new nuclear development, including designing the Site Specific Assessment (SSA) framework against which new nuclear sites will be assessed, providing technical support and analysis of a public consultation process on these criteria, and providing technical support to the assessment of industry nominated nuclear sites by Government and regulators. As the SSA for the NPS only looked at nominated sites the Secretary of State needed to conduct an independent screening exercise looking at potential alternative sites throughout England and Wales. Atkins was chosen to do this because of the very broad range of skills required. 11

14 5.2 Consultation and Publicity At the pre-application stage, first there is a duty on the promoter to notify NID about the proposed application and provide it with copies of consultation material it intends to use. The promoter must also: Figure 5.3 Timescales Previous versus DCO Comparison of average time from application to decision Consult on the proposed application with: 1. A range of specified bodies, as set out in the applications regulations; Previous Regime 2. The local authorities affected which includes those in which the proposal lies and adjoining ones; and 3. Any party with an interest in the land. The deadline for responses to this consultation is at least 28 days from receipt of consultation documents. The promoter must also publicise the proposal as required by the regulations, in the press and relevant journals. DCO Regime Community Consultation In addition, the promoter must consult the local community on the basis of an agreed set of consultation proposals, to be explained in a statement of community consultation (SOCC). In preparing the SOCC, the promoter must consult with the local authority, or authorities, within which the site of the development is located, to ensure that it is drawn up with the benefit of their local knowledge of the area. They will be sent details of the proposal and the promoter s ideas for community consultation and must respond with their views on the Weeks Pre Examination Phase Examination Phase Report Stage NID Decision Stage Ministerial Decision 12

15 consultation proposals within 28 days. Having had regard to the local authorities views, the promoter must finalise the SOCC and publish it in the area. The promoter is under a duty to undertake this consultation and to take account of relevant responses in finalising the application. The front loading of the consultation process at the pre-application stage is intended to reduce the time taken during the determination period, thus the indicative time period to determine an application is substantially reduced from the current average for determination of applications for large infrastructure, as Figure 5.3 (left) demonstrates. 13

16 6. Development Consent Orders When the Secretary of State decides an application for a NSIP, they will either make what is known as an order granting development consent, or refuse development consent. The order granting development consent is a new kind of approval, introduced by the Act. Importantly, it can include a range of separate consents that would previously have had to be obtained under separate strands of legislation and from different authorities, including for example, planning permission, authorisation for compulsory acquisition and approvals under various parts of the Pipelines, Gas, Energy and listed buildings acts. This single consent regime is intended to simplify and speed-up the process of bringing forward large infrastructure projects. The DCO can take the place of (i.e. remove the need and ability to apply for) a raft of consents including planning permission; listed building consent; conservation area consent; scheduled monument consent; pipeline authorisation under section 1(1) of the Pipe-lines Act 1962; authorisation under section 4(1) of the Gas Act 1965; notice under section 14(1) of the Energy Act 1976; and consents under sections 36 and 37 of the Electricity Act 1989, in each case in respect of any project which falls within the definition of an NSIP. In addition, a DCO will take the place of the following in respect of an NSIP: Harbour Revision Orders and Harbour Empowerment Orders, Transport and Works Act Orders, and orders under section 4(1) of the Gas Act In respect of certain other requirements (e.g. for consent under section 34 of the Coast Protection Act 1949 or for a licence under Part 2 of the Food and Environment Protection Act 1985), a DCO can deem the grant of consents and licences. As a general principle, the Act requires the Secretary of State to decide an application in accordance with the relevant NPS except in certain circumstances, namely: Breach of international obligations; Breach of any duty imposed on the IPC by any law; Contravention of a law; The decision-maker being satisfied that the adverse affects of the proposal would outweigh its benefits. The Act requires the examination of the application to be completed within six months of the procedural meeting and the Examining Authority, has three months from the end of the examination to provide its report and recommendation to the Secretary of State, who then has a further three months to make the decision. However, the time periods for the examining authority examining and reporting on an application can be extended, but the reasons for doing so must be explained to the Secretary of State. 14

17 The proposed fees for NSIPs are substantial, with an average application fee being in the region of 96, ,000; the final amount payable dependent on whether the application is dealt with by a single Inspector, three Inspectors or more than three Inspectors. The Government has justified the higher fees on the basis that the DCO regime offers advantages such as more certainty over the duration of the application stage, a shorter and more efficient examination stage, and quicker decisions. 15

18 A14 Cambridge to Huntingdon bypass Working with Atkins Highways and Transportation Team, we were instructed to advise the Highways Agency on the programme and requirements for a Development Consent Order (DCO) for this stretch of high profile trunk road. Our role involved preparing the initial planning and environmental assessments and coordinating informal consultation. We were responsible for the programme for the proposed DCO, coordinating input into a complex programme requiring inputs from highway engineer, transport engineers, environmental and tolling experts, including ensuring that the Highway Agency s internal procedures dovetailed with the DCO requirements. 16

19 Hinkley Point C Nuclear New Build To assist EDF Energy in securing a Development Consent Order for a new nuclear power station at Hinkley Point we managed the delivery of the technical information required for submission to the Infrastructure Planning Commission (now the Planning Inspectorate). We also managed the Planning Performance Agreement (PPA) set up with the local authorities to programme and finance the consents process. 17

20 East Thurrock Connection We were commissioned by National Grid to provide planning and environmental services for the East Thurrock Connection Project. National Grid were promoting a new substation to facilitate the connection of a combined cycle gas turbine plant to the existing transmission system. The commission initially involved undertaking a Substation Siting and Routeing Study to define possible substation locations and subsequent alignments for connections to the existing 400kV OHL, taking environmental constraints into account. A Scoping Report was undertaken in accordance with The Infrastructure Planning (Environmental Impact Assessment) Regulations, 2009 (the EIA Regulations) and an EIA was prepared to support the Development Consent Order (DCO) application being submitted by National Grid. 18

21 Humber Renewables Project DONG Energy was seeking to develop a biomass-fired power plant of approximately 299 MW generation rated capacity at a site in Hull Docks. The plant was to be sufficient to generate enough electricity to meet the average needs of up to half a million homes and would help the UK to meet its target of generating 15% of its energy from renewable sources by We were commissioned to produce the Environmental Scoping Report and then the Environmental Statement presenting the findings of an Environmental Impact Assessment (EIA) for the power plant, undertaken within the framework of the Infrastructure Planning (EIA) Regulations This was part of the submission for a Development Consent Order. 19

22 London Thames Tideway Tunnel We are providing a range of planning and environmental services to support Thames Water in securing a Development Consent Order (DCO) for the Tideway Tunnel. Once implemented the Tunnel will upgrade the sewerage system and substantially reduce the volume and frequency of discharges of storm sewage to the tidal River Thames. We managed the central London section town planning work and contributed to preparation of documents for the largest ever DCO submission

23 Norton Bridge As an equal member of the Staffordshire Alliance, the UK s first pure Alliance comprising Atkins, Laing O Rouke, Network Rail and VolkeRail, Atkins have been heavily involved in taking the project through the DCO process. The DCO works will comprise construction of approximately 6.8 kilometres of new railways, including new permanent cuttings and embankments, the construction or widening of bridges and diversions of watercourses. The Alliance was formed once the DCO application had been submitted, and it has taken the project through the examination process, responding to and working with consultees to draft the DCO, statements of common ground and other design documents including a landscaping design brief and habitat loss and integration plans, which have been written into the DCO. Atkins environmental specialists and coordinators also attended and represented the Alliance at examination. A number of requirements are detailed in the draft DCO, which Atkins, as part of the Alliance are working closely with consultees to discharge

24 Redditch Branch Enhancements We provided a collaborative team of designers and environmental specialists to support Network Rail in securing a Development Consent Order for the Redditch Branch Enhancements project. The project will result in a new 3km passing loop between Alvechurch and Redditch, enabling an extension of the Cross City services between Longbridge and Redditch from two to three trains an hour. 22

25 How can Atkins help? The currently identified process for dealing with applications for the development of major infrastructure projects will affect most projects of this nature. With the definition of NSIPs encompassing all types of energy development, transport infrastructure, including roads, railways, aviation and ports, and water supply and waste treatment, thus all major infrastructure sectors that Atkins work in are affected. Atkins is at the forefront of this change in legislation having already been helping a government department to draft one of the NPSs and undertaking supporting studies. Atkins can demonstrate an excellent understanding of the implications of the new NSIP planning regime for a wide range of new projects. As well as the traditional town planning and environmental assessment capability Atkins can assist developers with the front loading of the consultation work, providing information to local communities, planning authorities and other bodies. Atkins can offer an opportunity to build on existing experience working with local communities and central government to provide developers and promoters with our services to successfully communicate the impacts and implications of large schemes to local communities. Atkins can also assist and support local authorities and statutory consultees understand the implications of the proposals and how they might influence the decision making process. In addition Atkins can offer a variety of consultancy services related to NSIPs, including town planning, design, project management and environmental assessment, the latter in particular also being a key component in preparing a DCO application for submission. For more information please contact: Jon Barker [email protected] Andrew Jones [email protected] 23

26 Paul White Director, Environmental Planning Euston Tower, 286 Euston Road, London NW1 3AT England Telephone +44 (0) Mobile +44 (0) Fax +44 (0) The Atkins logo, Carbon Critical Design and the strapline Plan Design Enable are trademarks of Atkins Ltd. Atkins Ltd except where stated otherwise