Advice to National Assembly for Wales
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- From
- National Assembly for Wales
- Date advice given
- 21 November 2011
- Enquiry type
I would be grateful if you would send me full details of the regulations and guidance in place relating to the public consultation that must be undertaken insofar as wind farms in Wales over 50mw are concerned.
Advice given
Thank you for your email requesting full details of regulations and guidance relating to public consultation that must be undertaken insofar as wind farms in Wales over 50mw are concerned.
As you are aware, the Infrastructure Planning Commission (IPC) is currently the body that examines applications for nationally significant infrastructure projects (NSIPs). The Localism Act 2011 contains provisions (yet to be brought into force) for the abolition of the IPC, after which its functions will be carried out by the Secretary of State. The 2011 Act makes some changes to the Planning Act 2008 (‘the 2008 Act’). The following advice relates to the present 2008 Act regime, under which the IPC operates.
In regards to off-shore wind farms, those which are in waters adjacent to England or Wales or in a Renewable Energy Zone and generate more than 100MW are classified as NSIPs and come under our jurisdiction. In relation to on-shore wind farms, the threshold is ‘more than 50 megawatts’. For further details on thresholds for on-shore and off-shore generating stations please refer to s14 & 15 of the 2008 Act.
The rules governing consultation for nationally significant infrastructure projects are uniform; there are no special consultation measures for particular project types such as wind farms.
Under the 2008 Act regime, it is important to set out the distinction between the consultation that the IPC is required to carry out in relation to an applicant's request for a scoping opinion and the consultation that the applicant is required to carry out at the pre-application stage.
IPC's Scoping Opinion Consultation
Where the applicant requests a scoping opinion from the IPC, we have 42 days to adopt an opinion and send a copy to the person who made the request. Within that timeframe the IPC is required to invite consultation bodies to comment on the environmental information. A deadline for their responses will be set allowing them a minimum of 28 days to respond. We have an obligation to consult relevant local authorities and other bodies as required by Schedule 1 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (‘the APFP Regulations’). These include organisations such as the Environment Agency, and, for proposals likely to affect land in Wales, the Welsh Ministers.
The Applicant's Pre-application Consultation and Publicity
The process set out in the 2008 Act is heavily front-loaded, and requires the developer to undertake pre-application publicity and consultation, including direct consultation with a prescribed list of consultees and publication of advertisements in national and local newspapers. The 2008 Act also requires that the developer undertake consultation targeted at the local community. The relevant parts of the 2008 Act are sections 42, 43, 44, 45, 47, 48, and 49.
Prior to undertaking consultation with the local community, the applicant is required to prepare a Statement of Community Consultation (SoCC), setting out how they are going to carry out their consultation. Before preparing the SoCC the applicant must give the relevant local authority a minimum of 28 days to comment. Having taken into account the comments of the local authority, the applicant must prepare and then publish the SoCC.
The applicant must then consult the local community in accordance with the SoCC. The applicant must have regard to the views expressed in response to the consultation in shaping its application.
The proposal to make the application must also be given publicity in accordance with Regulation 4 of the APFP Regulations, and the applicant must submit a Consultation Report with their application to the IPC. That report will give details of the consultation and publicity undertaken, the responses to it, and what has been done by the applicant to take account of those responses.
The adequacy of the pre-application consultation and publicity is a key factor in the IPC’s decision as to whether to accept an application for examination.
Further Information
The above is necessarily only a brief outline of the consultation requirements of the 2008 Act and related legislation.
Please note that further information can be obtained from our website at: http://infrastructure.independent.gov.uk/
Please find below direct links to further information specifically relating to consultation:
CLG Guidance for pre-application consultation: http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/guidancepreapplication.pdf
This explains how applicants should engage with local communities, carry out public consultation and advertise their proposed Nationally Significant Infrastructure Projects before they formally submit them to the IPC.
IPC Guidance Note 1 for the Pre-application stages: http://infrastructure.independent.gov.uk/wp-content/uploads/2011/09/091201_Statutory-guidance-note-one-v2.5-final.pdf
Directs you to relevant legislation with paragraphs 23-31 providing further detail on consultation procedures.
IPC Advice Note 3: Consultation and notification undertaken by the IPC: http://infrastructure.independent.gov.uk/wp-content/uploads/2011/07/Advice-note-3-Consultation-and-Notification-undertaken-by-the-IPC.pdf
Contains some specific advice relating to additional consultation and notification in Wales (see section 6).
Finally, given your specific interest in wind farms, please find below for your information a list of all proposals for wind farms in or near Wales which are following the 2008 Planning Act regime.
[table removed]
I hope that the above is of assistance.
Yours sincerely