When do I have to get my comments in by -
The public consultation on the Energy NPSs closes on 22 February 2010 and the Ports NPS consultation closes on 15 February 2010. Comments can be made online, by email, fax or post. Details of where they are to be sent are available in the NPSs themselves.
The energy NPSs can be accessed via www.energynpsconsultation.decc.gov.uk
The Ports NPS can be accessed via www.dft.gov.uk/consultations/open/portsnps
What will happen to my comments?
All responses received before the consultation closing date will be considered. Ministers will decide how the final version of the NPS should be amended to take account of comments received. A summary of the responses received will be published together with a repost indicating how the consultation has influenced the final NPS. This should happen within 3 months of the close of consultation.
Who makes the final decision on the NPS – and when will this happen?
Before designating an NPS, the Government will consider representations made in the
consultation and also during the parliamentary scrutiny stage before finalising an
NPS. . The parliamentary scrutiny process is expected to take 4-
Is there anything in the NPS that relates to my local area?
The nuclear NPS includes a list of locations that the Government considers to be are potentially suitable for new nuclear power stations. The other NPSs do not list potential locations but may include locational criteria that the Infrastructure Planning Commission will need to consider when looking at applications for development consent.
Should I rely on my local councillor to make objections on my behalf?
If you want to make sure your views are put forward you should respond to the NPS consultations directly. Local authorities are also invited to respond to these consultations and it would be helpful if you make sure they know what your comments are. To do this it is probably best to contact your local councillor. That way you can be sure he or she knows what your views on a draft NPS are, and can consider them in the response made by the local authority.
When will the NPSs be designated ?
Subject to the outcome of public consultation and parliamentary scrutiny, the Government expects the first set of NPSs, covering Energy and Ports, to be designated over the course of 2010. It is also anticipated that the National Networks NPS (covering rail and major roads), which will be published for consultation early next year, will be designated during 2010.
The remaining four NPSs are being produced on a longer timeframe. The Government:
- expects to consult on the waste water NPSs in spring 2010 and hazardous waste NPS in summer 2010, and aim to designate them in 2011.
- intends to consult on the airports NPS by 2011 with a view to designating it later that year
- hopes to consult on the water supply NPS in late 2010 once the final water resource management plans are published, as they are central to the NPS. The aim is then to designate the water supply NPS early in 2012.
Are there any proposals for a formal examination/public hearing on NPSs, or are all representations to be made in writing?
There will not be any formal examinations or public hearings on draft NPSs issued for consultation. NPSs are not intended to function as spatial plans, and even where they include specific locations (e.g. Nuclear) this does not give rise to a presumption that a particular application will be successful; an application would be refused if it is decided that adverse impacts outweigh the benefits.
Responses to NPS consultations will normally be made in writing, but comments received at consultation events will also be included as consultation responses.
Does the IPC have to follow the NPS?
Yes, where a finalised NPS is in place. The Planning Act 2008 (Section 104) sets out the factors which the IPC must take into account when determining an application.
These are
- · the relevant national policy statement,
- · other matters prescribed in relation to the type of development – these matters will be set out in secondary legislation,
- · the local impact report and
- · any other matters which the IPC thinks both important and relevant to its decision.
Why will the IPC follow the NPS if it hasn’t been agreed?
Unless a finalised NPS for the relevant type of infrastructure is in place, the IPC will not be able to make the decision on the application. Instead it will make a report to the relevant Government Minister with a recommendation of what the decision should be. It will do this using existing Government planning policy. Where a draft NPS has been issued for consultation, the IPC can take this into account in formulating its recommendation.
In what circumstances can the IPC refuse to accept (validate) an application for consent?
The IPC will refuse to validate an application for consent:
· if the applicant has failed to provide all the necessary information within its application, or not given suitable reasons for not doing so;
· if it judges the applicant to have not carried out its duties in respect of pre-
In deciding on the second point the IPC will consider any representations from relevant local authorities as to the adequacy of the consultation undertaken by the applicant.
In what circumstances can the IPC turn down an application for consent?
The IPC must determine applications for consent in accordance with the NPS, unless the adverse impacts outweigh benefits or to do so would be illegal for another reason.
When and where will consultation events take place?
Details of the Energy NPS consultation events are available at www.energynpsconsultation.decc.gov.uk
Details of the Ports NPS consultation events are available at www.dft.gov.uk/consultations/open/portsnps
If you wish to attend one of these events you will need to pre-
Can I come and talk to someone about the NPS?
You can register to attend one of the consultation events (see above). You can also contact the DECC energy NPS team via:
Email: nps.consultation@decc.gsi.gov.uk
Tel:
You can contact the DfT ports NPS team via:
Email: ports@dft.gsi.gov.uk
Telephone: 020 7944 5162
What if I don’t raise concerns now, but want to do so when I have seen the details of a NSIP application?
Under the new system the Government will set out the policy for each type of infrastructure, including the need for it nationally, in the NPS. Once it is finalised the IPC will then use the NPS as its framework for deciding relevant applications. This means that when an application comes forward the IPC will not look again at the need for that infrastructure, but will look only at the particular issues, including local impacts, associated with that individual application. This means it is important to have your say during NPS consultations.
Why aren’t all NPS locationally specific?
For most NPSs, the Government does not want to pre-
Do I need to employ a planning consultant or technical expert to help me respond?
It is open to anyone to respond to the consultation. However, in considering responses,
Government will give greater weight to those that are based on argument and evidence,
rather than simple expressions of support and opposition. This being the case, you
may also wish to express your views and concerns to the planning department at your
local authority, who will be used to producing evidence-
If you require further independent advice Planning Aid provides free, independent, professional planning advice for individuals and groups that cannot afford to pay professional fees.
Where can I get help with understanding what this might mean for me?
A leaflet explaining the new process is available on the CLG website
http://www.communities.gov.uk/documents/planningandbuilding/pdf/infrastructureplanningwork.pdf
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Planning Aid also has a range of leaflets providing an introduction to each National Policy Statement.
The IPC has published an initial list of projects that it expects to receive applications for; this is available on the IPC website www.independent.gov.uk/infrastructure
These projects, and others which will emerge in future, would have to meet criteria set out in the National Policy Statement if they are to be approved by the IPC.
Planning Aid is part of the Royal Town Planning Institute, a charity registered in England 262865 and Scotland SC 037841.
Head office: Royal Town Planning Institute, 41 Botolph Lane, London EC3R 8DL.
Planning Aid Wales is the independent charity providing Planning Aid services in Wales, with core funding from the Welsh Assembly Government.