Getting consent for a nationally significant infrastructure project: Able Marine Energy Park Angus Walker 6 October 2014

WHY SHOULD YOU BE INTERESTED? The Planning Act 2008 consenting regime Compulsory for larger power stations wind farms power lines airports motorways railways ports … and more Optional for larger sports stadia quarries warehousing … and more

WHY LISTEN TO ME? I have specialised in this regime since 2009 I have been blogging since July 2009 on the regime – 580 blog entries, 825 subscribers so far, so I think … I have as much experience of this regime as anyone

PLANNING ACT 2008 A new regime for consenting large infrastructure projects Outside the conventional town and country planning system Applications are made directly to the Planning Inspectorate (PINS) Other features: Time limited process Mostly a written process but a few hearings are held Decisions by Secretary of State Compulsory purchase powers available 17/05/2015PRIVATE & CONFIDENTIAL 4

ABLE MARINE ENERGY PARK A quay and onshore manufacturing site on the south Humber bank in North Lincolnshire Comes under the Planning Act 2008 as a port project capable of handling at least 5m tonnes of cargo per year

ABLE MARINE ENERGY PARK 1279m long quay 320ha of onshore land Manufacture and shipping of offshore energy infrastructure 4000 jobs created

ENVIRONMENTAL COMPENSATION Humber estuary is a Natura 2000 site Application included the creation of a new compensatory habitat on the north bank of the Humber This received the most scrutiny during the examination of the application

PRE-APPLICATION CONSULTATION This is compulsory, but how you do it is partly up to you Some things are required: Long list of prescribed consultees Including local authorities – see right All affected landowners Newspaper notices Some things a good idea: Leafleting Drop-in sessions Project website

THE APPLICATION Around 25 application documents required: ‘Development Consent Order’ Environmental Statement Plans, plans, plans Compulsory acquisition information AMEP application was made on 19 December 2011

THE EXAMINATION PINS have 28 days to decide whether to accept the application for examination PINS accepted the AMEP application on the 24 th day (17/28) The applicant must then allow an objection period of at least 28 days AMEP received 71 objections (5/9859) One to five inspectors are appointed to examine the application AMEP had three inspectors, headed by Robert Upton The key step that follows is the ‘preliminary meeting’, which kicks off a six-month examination period The AMEP preliminary meeting was on 24 May 2012

THE EXAMINATION The examination consists of a series of dates for written material and hearings AMEP inspectors asked 98 questions (17/518) AMEP had 14 days of hearings (3/45) This can be an intense period Examinations take up to six months – most take exactly six months AMEP took exactly six months, ending on 24 November 2012

RECOMMENDATION AND DECISION The inspector(s) has/have three months to make a written recommendation to the government The government (the relevant Secretary of State) have three months to make a decision These periods can be extended The recommendation period has been extended once out of 25 times The decision period has been extended once out of 25 times It was the AMEP project whose decision was extended – the project was decided on 18 December 2013 There is then a judicial review period

ADVANTAGES Application to decision around 15 months One stop shop – can combine or disapply several consents Compulsory purchase powers directly available The government takes the decision More certainty than a planning application

DISADVANTAGES Local authority may feel bypassed Is likely to be more expensive than conventional planning application (unless refused and appealed) Is more complex than a conventional planning application

OUR TOP TIPS Applications must be Compliant – satisfy regulations and guidance Consistent – between the documents Comprehensive – actually achieve what you want Early engagement with potential objectors and statutory bodies pays dividends later Early engagement with PINS will be welcomed by them Once the examination is under way, project management and coordination is key Get good lawyers on board – like us!

Thank you – any questions?