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Advice to Alan James

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Enquiry

From
Alan James
Date advice given
9 February 2012
Enquiry type
Email

I have an immediate concern with the acceptance of HM6L as a NSIP. I can find nothing in the IPC statement accepting the application that gives the reason(s) why the IPC considers HM6L to be a NSIP, and I find it hard to believe that the purpose of the 2008 Planning Act was for the IPC process to capture local schemes which can scarcely be described as nationally significant infrastructure.

I would therefore be grateful if you can set out to me the reasons why the IPC accepted the HM6L as a NSIP, confirming which section(s) of Clause 22 were material to the decision.

Advice given

As you are aware, the Infrastructure Planning Commission (IPC) is currently the body that examines applications for Nationally Significant Infrastructure Projects (NSIPs).

NSIPs are defined in section 14 of the Planning Act 2008, and highway development is defined in section 14(1)(h) and section 22.

Section 22(2)(b) of the Planning Act 2008 clarifies that construction of a highway is an NSIP if the highway will (when constructed) be wholly in England and, the highway is to be constructed for the purposes connected with a highway for which the Secretary of State is (or will be) the highway authority.

The applicant (Lancashire County Council) has explained in paragraph 2.1 of document 3.2 (Explanatory Memorandum) that "the proposed development lies wholly within England and is the construction of a highway for a purpose connected with a highway for which the Secretary of State is the highway authority, the latter highway being the M6 motorway. As a result the proposed development is a nationally significant infrastructure project ("NSIP") for the purposes of sections 14(1)(h) and 22 of the Planning Act 2008 (?the 2008 Act?)".

Furthermore, application document 9.5 (Section 6 Agreement with the Highways Agency) states in paragraphs 9.5.8 to 9.5.11 that "an integral part of the Heysham to M6 Link Road Scheme is the improvement of the existing sub-standard layout of Junction 34 of the M6 Motorway [and] that the Secretary of State, as Highway Authority for trunk roads has agreed to authorise Lancashire County Council to construct the works to replace the M6 Junction 34 as agents for and on behalf of the Secretary of State".

The IPC has published its reasoning for accepting the application in the ?section 55 checklist? which is available on our website. The IPC?s view in regards to whether the development is an NSIP or forms part of an NSIP is detailed in paragraph 3.1 of the checklist.