Advice to Clive Hughes

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Enquiry

From
Clive Hughes
Date advice given
10 August 2010
Enquiry type
Email

Request for details on fees and the pre-application process

Advice given

Fees

Attached are the regulations on fees http://www.opsi.gov.uk/si/si2010/pdf/uksi_20100106_en.pdf. Please use the regulations and Planning Act to establish your potential fees, but below is a summary of how fees relates to the examination process based on the regulations.

Pre-application

At the pre-application stage, it is the applicant's duty to undertake appropriate consultation and prepare an application. Fees payable to the IPC at this stage would be if you requested our authorisation to obtain information about land interests (see section 52 of the Planning Act - link below) or authorisation to gain rights of entry for land (see section 53 of the Planning Act - link). We have also produced Advice Notes for further information on this.

Planning Act - http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/ukpga_20080029_en.pdf Advice Note 4 - Section 52 http://infrastructure.independent.gov.uk/wp-content/uploads/2010/05/Advice-note-4-s52.pdf Advice Note 5 - Section 53 http://infrastructure.independent.gov.uk/wp-content/uploads/2010/05/Advice-note-5-s53.pdf

Application

Fees are payable at the following stages:

  1. Upon submission: £4,500 - The Commission has 28 days in which to decide whether to accept the application for examination (see section 55 of the Planning Act).

  2. If we accept the application there is a pre-examination fee: Fee depends on how many Commissioners will examine the application: £13,000 for single commissioner, £30,000 for panel of three, £43,000 for panel of more than three. This decision is made by the Chair of the Commission. Fee is payable within 28 days of notification.

  3. Application handling fee: This will depend on the number of relevant Commissioner(s) days and how many Commissioners will handle the application. There is an initial payment based on estimated number of days and a final payment. Regulations 8 and 9 of the fees regulations set this out in detail.

Pre-application process

It will be for you to ensure you have followed the requirements of the planning act, regulations and guidance during the pre-application process. Chapter 2 of the Planning Act sets all this out, but attached is our formal guidance on preparing an application.

Guidance Note 1 - Pre-application stages http://www.opsi.gov.uk/si/si2010/pdf/uksi_20100106_en.pdf

Guidance Note 2 - Preparation of documents http://infrastructure.independent.gov.uk/wp-content/uploads/2010/04/IPC-app-docs-guidance-note-2.pdf

Also attached is central government guidance on community consultation - http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/guidancepreapplication.pdf

If you wish to seek development consent there are a range of duties, including a duty to consult relevant local authorities (see sections 42 and 43 of the Act), prescribed consultees in Schedule 1 of the attached regulations (http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/uksi_20092264_en.pdf), and the local community.

You must consult the local authority/ies in which your proposal sits on how you will consult the local community, have regard to their comments and publish your method of consultation in line with section 47 of the Act and associated regulations.

You have a duty to publicise the proposed application and to take account of responses to consultation and publicity (see sections 48 and 49 of the Act)

Meeting and our policy of openness

As you know by law we have to publish all advice we give, we don't hold confidential meetings with anyone and publish a note of all our meetings. Please also note the legal information at the bottom of this email.

We are happy to meet with you to understand more about your project and timescales but in order to do so, and to be able to allocate a team to the project, we will need the following information:

Project name - Project type, including output -
Project location - including a grid reference or specific description in order that project can be located on a map) Applicant name - Applicant contact name, telephone number and email for all enquiries (including from members of the public) plus website link if available Anticipated date of EIA scoping request Anticipated date of submission

This information will go on our website.

I understand you also spoke to my colleague Eleri earlier. Do contact us when you are in a position to discuss the scheme in more detail.