open minded planning

Open Minded Planning


Development Consent OrdersNSIP Regime

Presentation by Justin Gartland

09 October 2014


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


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…


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



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



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)


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


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…


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


Overview of DCO Process

Acceptance 28 days

Pre-examination

3 months

Examination 6 months

Decision 6 months

Post Decision

???Pre-application


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


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


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


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


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


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!


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


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

...


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


1. Prologis RFI DIRFT I & II


2. DIRFT Rail Terminal


3. Prologis RFI DIRFT II – Tesco Intermodal Terminal


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


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


6. Prologis RFI DIRFT III

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