Summary
3.Parts 1 to 8 of the Act create a new system of development consent for nationally significant infrastructure projects. The new system covers certain types of energy, transport, water, waste water and waste projects. The number of applications and permits required for such projects is being reduced, compared with the position under current legislation.
4.A major role in the new system is to be played by a new independent body to be called the Infrastructure Planning Commission (‘the Commission’). The Commission will be responsible for examining applications for development consent for nationally significant infrastructure projects. The Commission will also be responsible for deciding any such application when there is in force a relevant national policy statement. Development consent will be given in the form of an order which may also confer upon developers certain rights for the purpose of facilitating the project. These rights may include the compulsory acquisition of land where there is a compelling case in the public interest.
5.National policy statements will set the framework for decisions by the Commission. The Secretary of State will have a wide discretion as to how prescriptive the policy should be. However, the Secretary of State may designate a statement for the purposes of the Act only if there has been public consultation, an appraisal of sustainability has been carried out and parliamentary requirements have been met. Provision is made for addressing any blight caused by the publication of a national policy statement.
6.The Secretary of State (in these notes referred to as being female) will be responsible for determining an application for development consent herself where she has chosen not to designate (or keep in place) a national policy statement covering the relevant type of infrastructure. The Secretary of State will receive recommendations from the Commission and will have order making powers to facilitate developments which are similar to the powers of the Commission where it is the decision maker.
7.The Chair of the Commission will have to appoint Panels comprising three or more Commissioners, or a single Commissioner, to examine the applications submitted. The Act sets out the procedures for examination of an application. It is intended that in examining applications greater use is made of written representations with less reliance on oral representations; and restrictions are being placed on the use of cross examination by interested parties at a hearing.
8.The Act sets a timetable for examination of applications and decisions. A deadline of six months is stipulated for carrying out the examination procedure and a further three months is allowed for a Council (consisting of between five and nine Commissioners), a Panel or the Secretary of State to take a decision.
9.Part 9 of the Act makes various alterations to the existing town and country planning regime (which will continue to apply to other types of development). Changes are being made in relation to the development plan. Changes are being made to the power of local planning authorities to decline to determine subsequent applications. The right to compensation is being removed in certain circumstances where at least twelve months’ notice is given of withdrawal of planning permission by a development order. Authorities are being given express power to make non-material changes to planning permissions. The Secretary of State is to be required to determine the appropriate procedure for certain proceedings (that is, local inquiry, hearing or written representations). Provisions are included concerning fees for planning applications and a power is created to enable fees to be imposed in connection with planning appeals.
10.Part 10 adds certain matters within the field of town and country planning to the legislative competence of the National Assembly for Wales and confers upon Welsh Ministers additional powers to make orders on planning matters. This Part also makes provision relating to protection from blight.
11.Part 11 empowers the Secretary of State to establish a Community Infrastructure Levy by regulations (“CIL regulations”). This is subject to the approval of a draft of the regulations by the House of Commons and the consent of the Treasury.