Advice to BNP Paribas
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- From
- BNP Paribas
- Date advice given
- 14 March 2012
- Enquiry type
- Phone
Further to the IPC's advice sent on 12 March 2012, on behalf of their client the Royal Mail Group, BNP Paribas requested the IPC confirm all Nationally Significant Infrastructure Projects (NSIPs) currently in the application pipeline, the stage of each application, and whether the Royal Mail Group has been contacted by the IPC as a consultation body.
The IPC replied by email.
Advice given
Thank you for your telephone call to the IPC helpdesk on Monday 12 March 2012, following our s.51 advice to you via email.
To clarify, on behalf of your client (the Royal Mail Group), you have asked the IPC to inform you of all Nationally Significant Infrastructure Projects (NSIPs) currently in the application pipeline and whether the Royal Mail Group has been contacted by the IPC as a consultation body. Please see attached a table listing the NSIPs, as published on the IPC's website (at the time of writing), the IPC process stage for each project, and whether IPC 'Scoping' opinion has been published. I advise that you check the 'Projects' pages of the IPC website as well as the annexes (list of consultation bodies consulted) of each ‘Scoping’ opinion published to satisfy yourself that this information is correct. This table should be used for reference only: it is not an official IPC document to be published or circulated and I refer you to the IPC website for information about any of the NSIPs:
http://infrastructure.independent.gov.uk/
Under the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (the EIA Regulations), the role of the IPC includes, amongst other responsibilities, providing 'Scoping' opinion: advising the applicant what information should be provided within the Environmental Statement, and this involves seeking views from 'consultation bodies'. Where 'Scoping' has been undertaken by the IPC during the pre-application stage, according to our records the Royal Mail Group under 'relevant statutory undertakers' in schedule 1 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (APFP Regulations), was contacted by the IPC for their views in these cases; following that the ‘circumstances’ set out in column 2 were satisfied in respect of that body. With regard to applying the ‘circumstances test’ of the APFP Regulations, Advice Note 3 (Meeting the IPC's obligations: consultation and notification undertaken by the IPC) states (p.6):
“The IPC must apply the ‘circumstances test’, as set out in column 2 of schedule 1 of the APFP Regulations, before deciding whether to notify or consult bodies identified as ‘relevant’, or certain bodies prescribed by name in the APFP Regulations. Whether or not the ‘circumstances’ apply will be a matter of judgement, which the IPC will exercise on a case-by-case basis’.
Advice Note 3 continues:
“In view of the probability or risk that every NSIP will have an effect of some kind (whatever the magnitude) on the environment, be it land, air or water, the IPC considers it reasonable to consult all the prescribed consultation bodies where the 'circumstances test' in column 2 is 'likely to affect the environment'. In all other cases, a decision on consultation will be reached based on the nature and location of the development, the likely geographical extent of the impacts (where known) and the statutory responsibilities and function of the consultation bodies.”
Identification of consultation bodies by the IPC in such matters, however, is separate from the responsibilities of the developer to ensure their pre-application consultation fully accords with the requirements of the Planning Act 2008, and associated regulations and guidance. The developer of a proposed NSIP, when meeting their statutory pre-application consultation obligations under s.42 of the Planning Act 2008, must make diligent inquiries, carrying out their own investigations and taking legal advice, as appropriate.
Further to our advice to you on 5 March 2012, for information about the identification of consultation bodies and notification undertaken by the IPC, please see Advice Note 3, Advice Note 7 'Environmental impact Assessment, Screening and Scoping', the EIA Regulations 2(1) a-c, and the IPC's Guidance Note 1. These documents can be found on our ‘legislation and guidance’ page of the IPC website.
I hope this information has proven useful to you and has answered your questions.