Open Minded Planning
Open Minded Planning
Development Consent OrdersNSIP Regime
Presentation by Justin Gartland
09 October 2014
Open Minded Planning
Introduction
“Justin Gartland is currently Chairman of Nathaniel Lichfield &
Partners, having been a director of the company since 1996. With
over 25 years of experience as a town planner, Justin has led the
Manchester and now Leeds Offices of NLP.
While having experience in a wide range of planning issues,
advising both private and public sector clients, Justin has
particular experience in promoting major infrastructure
development under the 1990 Town and Country Planning and the
2008 Planning Acts. In the East Midlands, Justin led the Planning
Team on the Development Consent Order for the Daventry
International Rail Freight Terminal (DIRFT).”
• Presentation Structure:
• DCO Regime Summary & Process
• Experience of DIRFT III
Open Minded Planning
DCO – Purpose and Projects
• Established by Planning Act 2008
• Introduced to “simplify and speed” up process of obtaining
permissions for NSIPs
• “One stop shop” for planning consent
• National Planning Policy Statements (NPSs) – establish the
national case for infrastructure development , therefore need
established.
• Originally focussed on energy, transport, water, waste and
waste water infrastructure above certain thresholds…
Open Minded Planning
NSIPsGeneral Thresholds
Energy Generating
Stations
Onshore >50MW Capacity
Offshore >100MW Capacity
Electric Lines Land outside that controlled by the applicant and
above 132 kilovolts
Underground
gas/ LNG storage
facilities
>43m m3 Capacity / >4.5m m3 Daily Flow Rate
Pipeline Gas >800mm diameter
>40km length
Significant environmental effects
Other Cross-country pipeline
Requirement for authorisation under Pipelines
Act
Open Minded Planning
NSIPsGeneral Thresholds
Transport Highways Construction
improvement
or alteration
Secretary of State will be the Highway Authority
for the highway
Airport Construction
of or alteration
that leads to:
>10m passengers per year
>10,000 air cargo transport movements
Harbour
Facilities
Construction
of or
alteration that
leads to:
Facilities for container ships or ro-ro ship
>5m tonnes of cargo p/year
Railways Construction
or alteration of
railway
Unless permitted development
Rail freight
inter-changes
Part of railway network
>60ha
>4 trains per day
Open Minded Planning
NSIPsGeneral Thresholds
Water Dams and
reservoirs
Construction
or alteration
Carried out by one or more water undertakers
>10m m2 stored
Transfer of water
resources (not
drinking water)
Carried out by one or more water undertakers
>100m m2 transferred
Waste
Water
treatment
plant
Construction
or alteration
Population equivalent of 500,000
Hazardous
waste
facilities
Construction
or alteration
30,000 t/yr
100,000 t/yr (deep storage)
Open Minded Planning
NSIPs – The “Extended Regime”
• Secondary legislation – December 2013
• Alternative to the conventional TCPA for a wider a range of uses
• Seen as additional measure to promote further economic growth.
• Applies to Offices, R&D, manufacturing, distribution,
conferences, exhibitions, sport, leisure and tourism.
• Developer must first ask SoS for a direction – assessed on own
merits
• In London – Mayor has powers
Open Minded Planning
Business or Commercial DCO Projects…?
Recent Examples:
• London Paramount Resort
• Proposed Theme Park, N. Kent
• Article refers to impacts
assessment predicting 20 schemes
a year would choose the NSIP
route following the change to the
regime…
Open Minded Planning
DCO Process – Different Language
• Statements of Community Consultation (‘SoCC’)
• Preliminary Environmental Report (‘PER’)
• ‘Consultation Report’ not Statements of Community Involvement
• Application ‘Accepted’ not registered
• ‘Examination’ not Inquiry
• ‘Requirements’ not planning conditions
• No Reserved Matters (Requirements deal with design matters)
• Applying for a DCO not for planning permission
Open Minded Planning
Overview of DCO Process
Acceptance 28 days
Pre-examination
3 months
Examination 6 months
Decision 6 months
Post Decision
???Pre-application
Open Minded Planning
The DCO Process 1: Pre-Application
• DCO process is front-loaded
• Pre-application consultation dominates this stage of the process
• One stage consultation or iterative – onus on applicant to decide
• Without adequate consultation the subsequent application will
not be Accepted …
Observations:
• Risk aversion – quantity of information rather than quality –
counter-productive
• Clarity of presentation is key – especially for complex projects
• Or Market pressures lead to applicants trying to cut corners
Open Minded Planning
Pre-Application Consultation Process
Notify PINs of
NSIP (s46)
Define the
Project
Description &
Order Limits
Prepare
SoCC and
agree draft
with relevant
authorities
Prepare
Consultation
Material
Advertise
Consultation
and Issue
Notices
Consultation
(s42/s47/s48)
Review
comments
received and
identify
issues (s49)
Issues raised
‘Material’
scheme
changes
Prepare
Consultation
Report
Submit DCO
Advertise
SoCC
All Issues
resolved
CONSULTATION
STAGE
PREPARING THE
APPLICATIONSee Next Slide!
Other
Application
Material
Open Minded Planning
The DCO Process 2: Acceptance
• The application is submitted to the Planning Inspectorate
• 28 days to decide all relevant documentation has been
submitted to enable the application to proceed
• If Accepted, documents are published online. If refused there is
a 6 week window to raise a challenge
Observations:
• Applicant moves from being central to the process
• Focus on PINs to review the adequacy of the submission
• Information in Consultation Report is the main focus for PINs
Open Minded Planning
The DCO Process 3: Pre-examination
• Applicant must publicise that the application has been accepted
• Members of the public invited to provide a written summary
• An inspector or panel of inspectors will be appointed
• Preliminary meeting - procedural issues and timetable
• Then all parties notified of timetable for Examination
Open Minded Planning
The DCO Process 4: Examination
• The Examining Authority has 6 months (from preliminary
meeting) to complete its examination
• Primarily written representations
• Hearings can also be held – normally conducted in an
inquisitorial rather than adversarial manor
• Focus on site-specific matters rather than need
Open Minded Planning
Observations:
• Our experience - mostly office-based
• PINs issue sheets of questions – 2 weeks to respond (short
focused answers - word limit)
• Hearings – very focussed
• Team has to be available to respond – cancel your holidays!
Open Minded Planning
The DCO Process 5: Decision
• The Examining Authority must prepare a report on the
application within 3 months of the end of Examination
• Submitted to relevant Secretary of State to decide
• Further 3 months to make decision – Grant or Refuse
Open Minded Planning
The DCO Process 6: Post Decision
• Decision is issued by the Secretary of State
• 6 week period in which the decision may be challenged in the
High Court (Judicial Review)
Observations:
• Possible amendment of consents – disincentive for commercial
and business proposals considering to “opt in” to NSIP process
...
Open Minded Planning
Improvements to NSIP Regime
• 2013 Government review - system working well but “small
number” of improvements needed
• Output – prioritising 3 areas of improvements (Infrastructure
Bill):
• Improve pre-application stage (PINS Guidance)
• Making changes to DCOs after consent is granted
• Improving engagement
Open Minded Planning
4. Prologis RFI DIRFT III – Master Plan
8 million sq ft rail served logistics park
New Intermodal Terminal
Designed to handle up to 32 trains per day
Handling over 500,000 containers per annum by 2033
Over 6,000 TEU stored
Open Minded Planning
5. Prologis RFI DIRFT III – Scheme Design
Flexibility of unit size
On-site HGV Park
Dedicated Estate Management
Public transport policy
Generally 21m clear height