PlanningBlog – Brodies LLP

The furore over the outcome of the Beauly-Denny power line inquiry was predictable, but it does raise the question of whether the Scottish Government should create a body akin to the Infrastructure Planning Commission which has just been established in England and Wales.

The IPC is an independent, non departmental public body, set up with the remit of examining and deciding applications for nationally significant infrastructure projects (NSIPs).

NSIPS fall into 1 of 5 categories including energy, transport, water, waste, and, water and waste and developments within each category are defined with reference to a National Policy Statement. Examples include power generating stations, including wind farms, railways and major roads, reservoirs, harbours, airports, and sewage treatment works – described by the IPC as “the kinds of large scale facilities that support the everyday life of the country”.

Simplistically where the NSIPS contributes to meeting need and is in accordance with the relevant National Policy Statement, then the IPC should consent the development. However, where there is conflict between the National Planning Policy Statement and the area Development Plan then the National Policy Statement, will take precedence.  The IPC operates on the basis of a single consents system that is designed to speed up the process. Where it issues a Development order it may provide for a range of consents that would ordinarily be required from a number of regulatory bodies. Altogether quicker, and more straightforward than things are at present.

The IPC website is full of useful and interesting information including a programme of anticipated projects timetabled to run from March 2010 to March 2011. For each application submitted to the IPC there will be a predetermination period of around three months followed by an examination period of around six months. The programme seems to  indicate that in the first year of operation the IPC expects to receive no less than 4 applications for new nuclear power stations, the first being Hinckley Point Power Station in Somerset, which according to the programme ought to have progressed to the fourth month of its examination period in that time.

The National Policy Statement for Energy has, however, yet to be finalised and there are clear signs of opposition to a number of the projects that are listed in the current draft, including strong opposition from Cumbria CC to proposed nuclear power station sites at Braystones and Kirskstanton.  The Municipal Journal claims that a senior Whitehall official has commented that “they could yet refer decisions on Cumbria to the IPC”.  So the IPC will want to plan ahead for what looks likely to be a very challenging future workload.

I fully expect that there will be some blogging on the consultation process from other quarters. (AKA Mr Seaton)