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Butterworths Planning Law: A Practical Guide to National Infrastructure Projects

plan
Product Code: PLNIR
Publication Date: July 2009
ISBN: 9781405747226
Price: £143.38

Tables
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European Legislation

Chapter 1 - Introduction
Overview
Arrangement of the guide
Advice
Scope
Terminology

Chapter 2 - Legal issues affecting projects in general
Introduction
Human Rights
Application to the Planning Act 2008
Assessment of the project
Environmental Impact Assessment
The EIA Directive
Voluntary written appraisal
Consultation requirements
Alterations
Conclusion
Appropriate assessment
Strategic Environmental Assessment
The legal framework
Other assessments
Equality Impact Assessment (‘EqIA’)
Health Impact Assessment (‘HIA’)
Economic Impact Assessments
Consultation and the provision of information
The Aarhus Convention
Freedom of Information and Environmental Information
Whether the FOIA or the EIR apply
Grounds on which information may be withheld
Guidance and law on consultation
Government Guidance
Legal Decisions
Other consultation considerations
Justification for the project
Policy
Application of the Planning Act 2008
Business Case Development
Decision-making
Compulsory purchase

Chapter 3 - Overview of the Regime
Introduction
Components of the new regime
National Policy Statements
Nationally Significant Infrastructure Projects
Preparation of applications – duty on promoters
The Infrastructure Planning Commission
A unified consents regime
Structure of the Planning Act 2008
Commencement
Transitional arrangements and application of the new regime

Chapter 4 - Background to the Regime

Overview
Introduction
The Stern Review
The Eddington Transport Study
The Barker Review of Land Use Planning
The Planning White Paper
The Planning Bill – Progress through Parliament
Commons Second Reading
Commons Committee Stage
Commons Report Stage
Commons Third Reading
Lords Second Reading
Lords Committee Stage
Lords Report Stage
Lords Third Reading
Commons Consideration of Lords Amendments
Royal Assent

Chapter 5 - National Policy Statements
Overview
The present situation
Definitions of ‘Infrastructure’
Existing policy
Gaps cause delays and uncertainty
Recommendations for change
The concept of National Policy Statements
What?
Where?
Who?
Why?
How?
Use of National Policy Statements
How National Policy Statements are developed
Appraisal of Sustainability
Publication of the draft NPS
Consultation requirements
Additional publicity for locationally specific NPSs
Appropriate assessment of NPSs
Parliamentary consultation
Challenges and changes to National Policy Statements
Post-designation challenges
Changes to NPSs
The current status of National Policy Statements
The Overarching Energy NPS
The Renewables NPS
The Fossil Fuel NPS
The Electricity Networks NPS
The Oil and Gas Infrastructure NPS
The Ports NPS
The Nuclear Power NPS
The National Networks NPS
The Waste Water NPS
The Hazardous Waste NPS
The Water Supply NPS
The Airports NPS
Further information about progress of NPSs
Participation by potential promoters and objectors

Chapter 6 - Nationally Significant Infrastructure Projects
Introduction
How the Act defines NSIPs
Devolution and the geographical extent of the NSIP regime
Generating Stations
Geographical extent
Size threshold
Definitions used
Background
Comparables
Residual regime
Electric lines
Geographical extent
Size threshold
Definitions used
Background
Comparables
Residual regime
Underground gas storage facilities
Geographical extent
Size threshold
Definitions used
Background
Comparables
Residual regime
Liquid Natural Gas (‘LNG’) facilities
Geographical extent
Size threshold
Definitions used
Background
Comparables
Residual regime
Gas reception facilities
Geographical extent
Size threshold
Definitions used
Background
Comparables
Residual regime
Gas Transporter Pipelines
Geographical extent
Size threshold
Definitions used
Background
Comparables
Residual regime
Other pipelines
Geographical extent
Size threshold
Definitions used
Background
Comparables
Residual regime
Highways
Geographical extent
Size thresholds
Definitions used
Background
Comparables
Residual regimes
Airports
Geographical extent
Size threshold
Definitions used
Background
Comparables
Residual regime
Harbour facilities
Geographical extent
Size threshold
Definitions used
Background
Comparables
Residual regime
Railways
Geographical extent
Size threshold
Definitions used
Background
Comparables
Residual regime
Rail freight interchanges
Geographical extent
Size threshold
Definitions used
Background
Comparables
Residual regime
Dams and reservoirs
Geographical extent
Size threshold
Definitions used
Background
Comparables
Residual regime
Transfer of water resources
Geographical extent
Size threshold
Definitions used
Background
Comparables
Residual regime
Waste water treatment plants
Geographical extent
Size threshold
Definitions used
Background
Comparables
Residual regime
Hazardous waste facilities
Geographical extent
Size threshold
Definitions used
Background
Comparables
Residual regime

Chapter 7 - Orders Granting Development Consent
Introduction
Identification of the development to be authorised
Regimes replaced by the Act for NSIPs
Matters that may and cannot be included in a DCO
Form and content of a DCO and model provisions
Compulsory acquisition powers and special categories of land
Compulsory acquisition
Special categories of land
Statutory undertakers’ land and local authority land
National Trust land
Commons, allotments and open space
Crown land
Green Belt land
Public rights of way and diversion of navigable watercourses
Land in an area of archaeological importance
Natura 2000 sites
Categories of land that must be identified
Special considerations for each type of NSIP
Generating stations
Electric lines
Underground gas storage facilities
LNG facilities
Gas reception facilities
Gas transporter pipelines
Other pipelines
Highways
Airports
Harbour facilities
Railways
Rail freight interchanges
Dams and reservoirs
Transfer of water resources
Waste water treatment plants
Hazardous waste facilities
Forthcoming regulations and guidance

Chapter 8 - The Infrastructure Planning Commission
Introduction and overview
Background
Controversy
Status and composition of the IPC
Status of the IPC
Composition of the IPC
Different configurations of the IPC
The Council
Panels
Single Commissioner
Chief Executive and staff
Operation of the IPC: the Examining authority
Determining how the application will be examined
Appointment of Panel or single Commissioner
Ceasing to be a Panel member or single Commissioner
Panel member or Commissioner ceasing to be Commissioner
Subsequent Appointments

Chapter 9 - The Pre-application stage
Overview
Project development
Pre-application consultation
Consultation requirements
Consultation on the Environmental Statement
Publicity
Consultation
The section 46 duty to notify the IPC
The section 42 duty to consult
Whom to consult
Consultation practicalities
The section 47 duty to consult the local community
The section 48 duty to publicise a proposed application
Pre-application consultation: conclusion
Guidance and law on consultation
Legal challenge
Forthcoming secondary legislation and guidance
Assembly of application documentation
The Order
Explanatory memorandum
Fee
Environmental Statement
Flood risk assessment
Appropriate assessment
Other Categories of land
The consultation report
Environmental statement consultation certification
Plans
Overall plan
Land plans
Works plans
Rights of way plans
Special Category Land plans
Any other plans that are necessary
Compulsory purchase-related items
Book of reference
Items specific to certain NSIPs
Departures from guidance
Optional matters – proposed requirements
Section 106 agreements
Application checklist
Forthcoming secondary legislation and guidance

Chapter 10 - Consideration of Applications by the IPC
Introduction
Summary of steps
Initial handling of applications by the IPC
Acceptance of the application
Requirements for acceptance
Adequacy of Consultation
Time limit for whether an application may be accepted
Serving notice of the application
Certifying compliance with notification requirements
Notice of affected persons
Local Impact Reports
The Role of the IPC
General
The Role of a Panel
The Role of a single Commissioner
The Examination Stage
General
Initial Assessment and Preliminary Meeting
Presumption in favour of Written Representations
Hearings
Hearings about Specific Issues
Compulsory acquisition hearings
Open floor hearings
General Provisions for Hearings
Legal Advice and Assistance
The Role of the Expert Witness
Assessor
Miscellaneous
Procedural Rules
Timetable for examining and reporting on the application
Completion of Examination
Decisions on an application
Matters to be taken into account by the IPC
The National Policy Statement ‘Rule’
The Exceptions to the Rule
Matters to be taken into account by the Secretary of State
Timetable for decisions
Notification of decision
Intervention by the Secretary of State
Intervention
Grant or Refusal
Statement of Reasons
Forthcoming regulations

Chapter 11 - Legal challenge
Introduction
Rationale
Legal challenge provisions in the Act: section 8
Types of challenges governed by section 8
Making a challenge
Who can make a challenge?
What elements of a decision may be challenged?
Other procedural considerations
Comparison with legal challenge provisions
The restrictive effect of section 8
What kinds of challenge can be expected under section 8?

Chapter 12 - Implementation and Enforcement
Overview
Formalities upon the grant of development consent
Subsequent amendment of Development Consent Orders
Correction of errors in DCOs
Effect of a correction
Changes to, and revocation of, DCOs
Non-material changes
Material changes to, and revocations of, DCOs
Material changes to, and revocation of, DCOs: procedure
Material changes to, or revocation of, DCOs: compensation
Implementation of Development Consent Orders
Meaning of ‘development’
Meaning of ‘commencement of development’
Duration of a DCO
Model provisions in respect of requirements
Use of buildings in respect of which a DCO is granted
Enforcement
Offences
Time limits for enforcement action
Enforcement powers
Rights of entry
Power to require information
Notices of unauthorised development
Failure to comply with a NOUD
Injunctions
Defence of statutory authority
Planning obligations and development consent
Legal challenges to development consent obligations
Requirements under development consent orders
Variation of Requirements in a DCO
Other consents which may be required
Section 61 of the Control of Pollution Act 1974
Hazardous Substances Consent
Waste permits
Harbour Empowerment Order/Harbour Revision Order
Tidal Works Approvals
Guidance and regulations to be issued

Annexes
Annex 1 The Planning Act 2008 299
Annex 2 Explanatory Notes to the Planning Act 2008 521
Annex 3 Table of sections in force 533
Annex 4 Contact details for statutory NSIP consultees 547

 

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