Pre-application process in England and Wales Sixth meeting of the Task Force on Public Participation in Decision- making under the Aarhus Convention February 2016

To outline basic features of Planning Act 2008 regime To show role of pre-application process

Planning Act 2008 Primary mechanism in England and Wales for the consenting of “nationally significant infrastructure projects”. For instance, onshore generating stations over 50MW. Different to general town and country planning. Secretary of State the decision maker following recommendations from an inspector (or inspectors).

Time-limits and process Stage of the Development Consent Process Opportunity for Public ParticipationTimescale Pre-application Before submitting an application, the developer is required to carry out extensive public consultation on their proposals. Before consulting, the developer prepares a Statement of Community Consultation setting out how they intend to consult on their proposal. Information relating to the Hinkley Point C consultation was placed on the developer’s public website. No statutory duration (usually around 1-2 years) Acceptance The Planning Inspectorate decides whether or not the application meets the required standards to proceed to examination – including whether the developer’s pre-application consultation has been adequate. 28 days Pre-examination All information on the case is available on the Planning Inspectorate website. Anyone can register as an interested party (on the internet or by post). They will then be kept informed of progress and opportunities to put their case. There will be a preliminary meeting open to interested parties and a timetable of the examination will be set. No statutory duration (usually around 3-4 months)

Time-limits and process (2) Examination All interested parties are invited to provide further written evidence. The Examining Authority may ask interested parties questions to clarify their evidence. All interested parties have the opportunity to comment on other representations and respond to comments made about their representations. Sometimes hearings may also be held on particular issues. The Planning Inspectorate website is kept updated with new material throughout the Examination period. Up to 6 months Recommendation The Examining Authority prepares a report with its conclusions and recommendation for the Secretary of State taking into account all representations it has received. Up to 3 months from the end of the examination Decision The Secretary of State makes a decision whether or not to grant consent. This is communicated to all parties, and all of the decision-making documents are placed on the Planning Inspectorate website. In making this decision, the Secretary of State takes into account representations received following the end of the examination. Up to 3 months from the receipt of the Examining Authority’s report Post-Decision Decisions may be challenged in the High Court.Challenges must be issued with 6 weeks of the decisions

Pre-application outcomes Outcomes of effective pre-application (DCLG Guidance, 2015) helping the applicant identify and resolve issues at the earliest stage enabling members of the public to influence proposed projects, helping local people understand the potential nature and local impact of the proposed project enabling applicants to obtain important information about the economic, social and environmental impacts of a scheme enabling potential mitigating measures to be considered and, if appropriate, built into the project before an application is submitted; identifying ways in which the project could, without significant costs to promoters, support wider strategic or local objectives.

Brief overview of pre- application process requirements notify the Secretary of State of the proposed application identify whether the project requires an environmental impact assessment produce a Statement of Community Consultation and make this available for inspection by the public identify and consult statutory consultees publicise the proposed application in accordance with regulations and set a deadline for consultation responses of not less than 28 days have regard to relevant responses to publicity and consultation prepare a consultation report and submit it to the Secretary of State.