Advice to Kelvin Hui

Back to list

Enquiry

From
Kelvin Hui
Date advice given
16 May 2011
Enquiry type
Email

I am writing to enquire as to which guidelines/ policies the IPC are currently using to guide application decisions (especially relating to energy projects) in light of the fact that the NPS' are still under revision. Are PPS's and PPG's still being used as guidelines in the absence of NPS finalisation?

Advice given

If the relevant NPS has not been designated and the decision maker is therefore the relevant Secretary of State, in accordance with section 105 of the Act, the Secretary of State must have regard to:
• any Local Impact Report,
• any matters prescribed in relation to development of the description to which the application relates, and
• any other matters which the Secretary of State thinks are both important and relevant to the Secretary of State's decision (this may include any relevant PPSs/PPGs, and any relevant draft NPS). It is expected that the weight to be given to a draft NPS by the Secretary of State (and by the IPC in making its recommendation) will depend on considerations such as the stage reached by the proposed statement in its progress towards designation, the weight increasing the nearer it is to being designated; also the extent to which it has been subject to public consultation and the level and substance of any representations made on it will have a bearing on its weight.

In general, the weight to be given to any relevant PPSs/PPGs will be for the relevant decision-maker (IPC examining authority or the Secretary of State) to judge. In preparing their Local Impact Report(s) relevant local authority(s) may also have regard to any relevant PPSs/PPGs.