Advice to Carmarthenshire Council

Enquiry

• From: Carmarthenshire Council
• Date advice given: 28 July 2010
• Enquiry type: Phone

Who enforces requirements? Who discharges requirements? When will the IPC be merged with PINs?

Advice given

Enforcement duties normally lie with the Local Authority. There are some cases, for example where a FEPA licence or CPA consent has been deemed as part of a Development Consent Order (DCO), that another body (in this instance, the Marine Management Organistion) will enforce aspects of the development consent. Further information can be found in CLG's Planning Act 2008- Guidance for Local Authorities.

At present, the IPC will discharge any requirements included as part of the DCO. CLG's Planning Act 2008- Guidance for Local Authorities (para.71) suggests that these functions (or some of them) will be transferred to Local Authorities in due course. Until the Model Provisions Order is amended to that effect, the function remains with the IPC.

The Government has committed to merging the IPC with PINs in the current session of Parliament. If any National Policy Statements (NPS) are designated before the merger, then the IPC will decide on the applications it receives. One effect of the merger is expected to be the retention of decision making functions by the Secretary of State even where an NPS has been designated. Where an NPS has not been designated, the IPC would make a recommendation to the Secretary of State.