Advice to Anonymous

Enquiry

• From: Anonymous
• Date advice given: 18 December 2012
• Enquiry type: Phone

Mr Morgan called to ask about the function of Local Authorities in Wales and the Welsh Government in the 2008 Act process for Nationally Significant Infrastructure Projects and about the regard that would be had to Welsh Government Policy

Advice given

The Planning Inspectorate advised that the 2008 Act process is heavily frontloaded, and that Local Authorities (LAs) and devolved administrations are key, statutory consultees in that process. As part of that front-loaded process, the applicant is required to consult statutory parties when forming their application, including relevant LAs and the Welsh Government if the project is in Wales, and must have regard to any responses received.

When an application is made, the Planning Inspectorate will consider whether or not to accept the application for examination, and will not accept applications where the applicant has not demonstrated that consultation has been adequate. We will ask for the views of host and neighbouring LAs before we make this decision.

If the application is accepted for examination, statutory parties (such as the host LAs and those LAs sharing a boundary with the host LA and in Wales also the Welsh Government) will be invited to participate in the examination. Host and neighbouring LAs will have the opportunity to submit Local Impact Reports, which the Examining Authority must have regard to when making a recommendation to the Secretary of State.

In deciding applications for National Significant Infrastructure Projects the Secretary of State must have regard to the relevant National Policy Statement(s), which are produced by the UK Government. Welsh Government Policy is capable of being an important and relevant matter but this will be for the Examining Authority to recommend on, considering the circumstances of each case, and for the Secretary of State to decide. In some circumstances, the National Policy Statement requires the decision-maker to consider devolved policy.

More information about the 2008 Act process can be found on our website, along with a register of advice and copies of our published guidance.