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Advice to CPRE Warwickshire

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Enquiry

From
CPRE Warwickshire
Date advice given
13 June 2011
Enquiry type
Post

Request explanation why DIRFT Phase 3 is to be handled by the IPC as an NSIP under the 2008 Planning Act. DIRFT Phases 1 and 2 were handled by ordinary planning procedures. There is no explanation why DIRFT Phase 3 is being handled in a different way from Phases 1 and 2.

Advice given

The Nationally Significant Infrastructure Project (NSIP) regime, under PA 2008, came into force on 1 April 2010. When DIRFT 1 and 2 were consented the PA 2008 was not yet in force, hence them being dealt with under the Town and Country Planning Act 1990 regime by the relevant local planning authority.

The PA 2008 sets out in sections 14 and subsequent sections 15 - 30 the different categories of development that can be considered under this regime. These include proposed rail freight interchanges under section 26. It is for an applicant to decide to their own satisfaction that a proposal can be considered under the NSIP route having taken their own legal advice upon which they can rely.

Once an application for development consent is formally submitted, the IPC undertakes an acceptance process as set out in section 55 of the PA 2008. The IPC has 28 days to decide whether or not an application can be accepted and then progress on to the subsequent examination stage. As part of this acceptance process the IPC must, amongst other matters, determine whether it is an application for an order granting development consent. The PA 2008 in section 31 states that consent is required for development to the extent that the development is or forms part of a nationally significant infrastructure project. It is at this stage that the IPC will reach a formal conclusion on whether an application can or cannot be considered under the PA 2008 regime.

For further information on your specific query I would encourage you to contact the promoter of the proposed DIRFT scheme directly - contact details of their team can be found on the project page of IPC's website http://infrastructure.independent.gov.uk/projects/east-midlands/daventry-international-rail-freight-terminal/