National Policy Statements
A new Planning System for Nationally Significant Infrastructure Projects
Big changes to the way the planning system deals with Nationally Significant Infrastructure Projects (NSIPs) are being made by government. The 2008 Planning Act introduced a new planning system for applications to build nationally significant infrastructure facilities in England and Wales. These are the large scale facilitates that support the economy and vital public services.
The changes are a response to the delays and costs associated with taking major infrastructure projects through the existing planning system. These included long public inquiries and a lack of clarity around national policy and the need for developers to seek a range of different consents for the same project.
The new system covers applications for major energy generation, railways, ports, major roads, airports and water and waste infrastructure. Smaller infrastructure projects which fall below the thresholds set out in the 2008 Act, and other developments such as housing and retail, will continue to be dealt with under the existing planning system. The Government considers that the new system for NSIP applications will be faster, fairer and more efficient.
A new independent body, the Infrastructure Planning Commission (IPC) will examine and decide applications for major new infrastructure development. They will base their decision on an application on the relevant National Policy Statement and consideration of the relevant evidence put forward relating to the impacts of the development. If the development contributes to meeting the need and is in accordance with the relevant National Policy Statement, then consent should be given. The IPC will start to accept applications in March 2010.
What are National Policy Statements?
Under the new system, national policy on infrastructure will be set out in a series of National Policy Statements. These will establish the national need for a particular type of major infrastructure, together with a series of criteria relating to the benefits and impacts of a development, which the IPC will consider when deciding a NSIP application.
There will be 12 National Policy Statements. The first 7 draft National Policy Statements were published for public consultation in November 2009, these are:
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Overarching National Policy Statement for Energy
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Renewable Energy Generation – including wind farms, energy from waste and biomass plants Fossil
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Fuel Electricity Generating Infrastructure – eg gas, oil and coal fired power stations)
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Gas Supply Infrastructure and Gas and Oil Pipelines
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Electricity Networks Infrastructure – eg power lines and substations
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Nuclear Power Generation
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These will be followed in 2010 by:
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National networks – eg strategic roads and railways, including strategic rail freight
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Waste Water – eg sewage treatment infrastructure
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Hazardous Waste – eg high temperature incineration
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Water Supply – eg reservoirs
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and in 2011 by:
Only the Nuclear Power and Airports NPS will include more specific information on where developments might be built, although locational criteria in the other NPS may guide promoters to appropriate types of areas.
Where there is a conflict between the Development Plan for an area and a National Policy Statement, the National Policy Statement will be followed. National Policy Statements will also become ‘material considerations’ for local planning authorities when considering planning applications for development under the main town and country planning system.
Why is it important to comment on the draft NPS?
It is important that people make their views known on these draft National Policy Statements because once finalised, they will provide the framework for future decisions by the IPC on individual applications. The public have until February to tell the government what they think about each draft National Policy Statement.
The Government will be holding consultation events around the country on the draft national Policy Statements.. These events aim to raise awareness of the consultation and encourage comments from the public. The Government will also be holding local events focused on the draft Nuclear Power National Policy Statement close to sites which they consider to be potentially suitable for new nuclear power stations. Details of these events are available on the following web sites:
As well as public consultation, each draft National Policy Statement will be subject to Parliamentary Scrutiny, after which it will be finalised and formally approved (or ‘designated’).
To help people to understand what each draft National Policy Statement covers Planning Aid has published a series of short leaflets which explain the new process and offer a summary of each of the various draft National Policy Statements. These leaflets are downloadable, free of charge, (add web link here).
Once the NPS are in place, will there be other opportunities to comment?
There will be two further opportunities for public involvement, but only in relation to specific NSIP applications dealt with by the IPC. There will not be another opportunity to comment on the NPS (unless there is a significant review required following a change in policy). As the IPC will use the National Policy Statement as the basis for their decisions, comments on specific projects will must therefore focus on the impacts (beneficial and adverse) of a project on a local area.
Before a NSIP application is made to the Infrastructure Planning Commission promoters must consult with local people about what they plan to do. The IPC will need to be satisfied that this has happened properly before it accepts any application. Once an application has been accepted by the IPC, individuals and groups will also have the opportunity to send their views in writing to the IPC, and may then be invited to speak at hearings held by the IPC.
The IPC will start to accept applications from March 2010.
How can Planning Aid help?
The free planning advice service will be offering independent advice to individuals and groups - who cannot afford professional fees - on how they can have their say in the new process.
Importantly, Planning Aid is independent of the new system.
Working with the government, which has allocated Planning Aid funding for this purpose, the service will be:
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Explaining how the new system will work.
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Offering the public independent advice during consultations on National Policy Statements.
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Offering training to groups and individuals.
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Facilitating public meetings (subject to staff availability and the eligibility of the person or group making the request).
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Helping direct members of the public to relevant sources of information.
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Planning Aid expects a substantial number of inquiries and requests for help in understanding the new system. We will do our best to help with them.
For further information, go to:
· DirectGov
· The Department of Energy and Climate Change:
· The Department for Communities and Local Government:
· The Department for Transport
· Infrastructure Planning Commission