Advice to SLR Consulting Ltd

Enquiry

• From: SLR Consulting Ltd
• Date advice given: 27 June 2011
• Enquiry type: Email

Joanne Freyther on behalf of SLR Consulting Ltd requested information on the potential timescales and costs of an IPC application.

Advice given

As requested here is some further information on the timescales and fees regarding the IPC process. For your convenience I have split the application process into 5 stages: -Pre-application -Acceptance -Pre-examination -Examination -Decision/Recommendation

Pre-application There is not a set time period for the pre-application process however the applicant must: • Consult the relevant local authority on what should be in the developer’s Statement of Community Consultation (SOCC), which describes how they plan to consult the local community about their proposal • Have regard to the local authority’s response to that consultation in preparing the SOCC • Publish the statement in a locally circulating newspaper and carry out consultation in accordance with the SOCC • Consult a range of statutory consultees • Set a deadline of at least 28 days by which responses to consultation must be received • Notify the IPC of the proposed application • Publicise the proposed application in accordance with regulations • Have regard to relevant responses to publicity and consultation • Prepare a consultation report and submit it to the IPC.

There are no set fees for the pre-application process however there will be a charge of £1,000 for requests made under S 52(2) and 53(1) of the 2008 planning act (the act).

Acceptance The acceptance stage is when the applicant submits an application to the IPC. The IPC then has 28 days to decide whether the application is fit for examination. There is a set fee of £4,500 regardless of whether or not an application is accepted for examination.

Pre-examination This is the period when members of the public and organisations have an opportunity to register to become an interested party. This stage can last up to 3 months and concludes with the preliminary meeting. The Examining Authority (ExA) is also appointed at this stage and can comprise of either one, three or five commissioners. It is for the chair of the IPC to decide how many and which commissioners are appointed. The Fees for this period will depend on the amount of commissioners appointed as follows: - 1 Commissioner - £13,000 - 3 Commissioners - £30,000 - 5 Commissioners - £43,000

Examination The examination of an application can last up to 6 months. The Examination stage will consist of written representations, Local Impact Reports, Statements of Common Ground, questions from the ExA and various hearings. The fees of examination depend on how many commissioners have been appointed and the number of working days it lasts. Part of this payment will have to be paid at the beginning of examination. The fees are as follows: - 1 Commissioner - £1,230 per working day - 3 Commissioners - £2,680 per working day - 5 Commissioners - £4,080 per working day

Where the applicant does not provide a venue for a hearing the Commission may charge a fee in respect of the venue costs.

Decision/Recommendation If there is a relevant National Policy Statement designated the IPC will make the decision in 3 months. If there is not a relevant NPS designated the IPC will make a recommendation within 3 months to the relevant SoS who will have a further 3 months to make a decision.

Once a decision about an application has been issued any legal challenge must be made within 6 weeks.