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Y dyddiad y rhoddwyd y cyngor
27 Medi 2011
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How would a potential applicant notify the IPC of a new project and What procedures need to be adhered to?

Cyngor a roddwyd

I refer to your telephone enquiry regarding a potential application for an NSIP. To clarify matters you have not, as yet, supplied any information with regard to the nature or location of your proposal nor the client on behalf of whom you act.

As explained there is a wealth of information on the IPC website which will assist in the understanding of the process and I have outlined at the bottom of this email documents which are currently available. Meetings that are held with promoters relating to potential projects have to be recorded and any advice given summarised and published on the IPC website. It is important that you are fully aware of the IPC policies on openness and transparency and that meeting notes will be taken and made available via the IPC website and you should not therefore share any information with us which is of a confidential nature. We would forward draft meeting notes for your comment prior to finalisation following any meeting. I would be happy to arrange an initial meeting which could be generic if you are not yet ready to release any specific project meetings. Information regarding the project will be needed in due course and I would be grateful if you would clarify points 1 to 8 below and send to me when you are ready to do so. If a meeting is held you are asked to forward the information beforehand or bring it with you for us to action afterwards. Separate information on scoping will also be required in due course and this is also included below for your information. On a more general note initial meetings are a valuable opportunity for you to introduce the scheme to us and outline how the project will meet the requisite obligations under the terms of the 2008 Planning Act. As you may be aware there are significant steps regarding consultation that need to be met prior to submission. Following the details needed I have also included a number of links to useful information and both advice and guidance which you might find of assistance. If after consideration of the information supplied your project exceeds the stated thresholds in the Act we would be happy to discuss the process with you. I have set out below the headline information which the commission would be looking for to list the details of any new project Preliminary Notification of a forthcoming Nationally Significant Infrastructure Project Requested information for projects to enable display on website and allocation of case team

  1. Project Name - (please be as clear be at this stage regarding your project name as this will be used on the website and changes later on can affect links which your customers and the general public will use to access information)
  2. Project Location – (please be clear about the location as a description such as “to the west of” without a distance quoted can be confusing – it is helpful if you could provide a map showing the extent of the site or the extent of a linear project))
  3. Grid reference of project - (please provide a 12 figure grid reference – if your project is linear please provide grid references for either end together with the midpoint reference) 4..Project description – (if your project includes a generating station please specify the intended output)
  4. Applicant’s name –
  5. Promoters contact details (telephone and email contacts and website link (these details will be placed on the IPC website and need therefore to be details you are happy to publish)
  6. Date of intended EIA scoping – (please specify the month in which your intended scoping request is likely to be submitted – you are asked to forward at least two weeks before a plan delineating a red line around your project area in order that consultee lists can be checked in readiness for your scoping request, if you do not do so then a delay may result)
  7. Estimated date of submission of scheme to IPC for consideration – (where you specify a single month the 1st of the month will be used – if you are unable to do this then the quarter in a specific year would be of assistance i.e. 1st or 2nd quarter 2011) Information requested prior to scoping In order to prepare for scoping we ask as much notice as possible is given of intended timescales. In any event a minimum of two weeks notice is requested in order that IPC staff can undertake the necessary preparation of information. It is important that this is done as accurately as possible and to assist this we ask that you would supply essential mapping information to enable the EIA team to prepare the necessary information, this will enable the scoping process to be attended to as efficiently as possible. In advance of scoping the following technical information is requested Please could you provide a plan in GIS Shapefile format. The Shapefile needs to comply with the following requirements:
  1. The Shapefile should be of Polygon geometry type, and consist of one or more polygon features representing the site boundary.
  2. For each site boundary a single, valid, ESRI Shapefile, consisting of one of each of the following files: *.prj, *.dbf, .shp, shx. Please note that only four files in bold are mandatory.
  3. Please delete any Shapefile Attribute Table data as this is not required to generate the Shapefile and will minimise upload time to our GIS system.
  4. Please provide the Shapefile as a *.zip file using the default WinZip settings (i.e. no encryption, normal compression etc.) No other files should be contained within the *.zip file.

General information, guidance and advice notes IPC website link How to find us - Infrastructure Planning Commission (IPC) Telephone number 0303 444 5000 General guidance setting out the six stages of the IPC process. Our work with developers Guidance Note 1 The thresholds for projects are set out in the Planning Act 2008, in Sections 15 to 30. Promoters need to satisfy themselves that their projects fall within these definitions as the IPC cannot provide legal advice to you to confirm whether your project falls within scope. Projects below the stated thresholds will continue with the previous regimes. The Planning Act 2008 Sections 41 to 50 set out information and guidance on the pre-application procedure Who do I need to consult and how? Before an application is submitted the developer must consult widely in order to refine the proposal. There are many organisations that need to be consulted during the process. A list of these bodies can be found in sections 42-44 of the 2008 Planning Act and Schedule 1 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009. These include local authorities and those owning or having an interest in the land concerned. There is a wealth of guidance on the IPC website sets out all the legislation set down by central government and the associated secondary legislation is also set out. As part of any application to the IPC you must apply for an Order granting Development Consent to the IPC using the correct forms and providing the necessary range of documents, including plans, statements, Environmental Statement if required and a draft of the Order itself. The exact details of the required application submissions can be obtained from section 37 of the 2008 Planning Act (PDF 784.5 KB) and regulations 5 - 7 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (PDF 256.5 KB). The application form and associated guidance is available for downloading on the Submitting an application page. Application forms Application form guidance Fees Advice Notes The IPC has issued a series of advice notes (as at July 2011 twelve notes have been published) to assist with the various parts of the process these are listed as follows. IPC Advice notes are non-statutory. They are published to provide advice and information on a range of issues arising throughout the whole life of the IPC process. Although in many cases they include recommendations from the IPC about the approach to particular matters of process, which developers and others are encouraged to consider carefully, it is not a requirement for developers or others to have regard to the content of Advice notes. Advice note one: Local impact reports March 2010 Advice note one is about the production of the local impact report (LIR). It is intended to assist local authorities with the form and content of these reports. Advice note two: Working together on nationally significant infrastructure projects April 2010 This advice note two is about the outreach programme the IPC is implementing. The programme aims to enable higher quality applications through the early engagement of communities in each proposal. Advice note three: Consultation and notification undertaken by the IPC The purpose of this advice note is to explain the IPC’s approach to identifying consultation bodies to be notified under regulation 9 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 and consulted on the scope of the environmental Statement under regulation 8 of the EIA Regulations. This advice note dated July 2011 supersedes the previous version dated March 2010. Advice note four: Section 52 May 2010 Advice note four sets out advice on how to apply to the IPC to authorise a developer to serve a written notice (“land interests notice”) which requires the recipient to provide information to the developer about interests in land. Advice note five: Section 53 – Rights of entry July 2011 This note sets out advice on how to apply to the IPC for an authorisation for a right of entry to gain access onto land in order to carry out surveys and take levels under s.53 of the Planning Act 2008. This advice note dated July 2011 supersedes the previous version dated May 2010. Please note, this advice note refers to annexes in a separate document. Advice note six: Preparation and submission of application documents August 2010 This advice note will assist applicants in preparing, organising and submitting applications to the Infrastructure Planning Commission. (this note is shortly to be updated so please check website for an updated version before using this in relation to any submission) Advice note seven: Environmental Impact Assessment, screening and scoping August 2010 This document aims to provide advice on two elements of the EIA process during pre-application, namely screening and scoping. Advice note eight: Sections 8.1 – 8.5 February 2011 IPC Advice Note eight has been produced in five sections and aims to take you step by step through the planning process for major infrastructure projects: Advice note 8.1: How the process works – opportunities to be involved Advice note 8.2: How to have your say on a major infrastructure proposal – the developer’s consultation Advice note 8.3: Putting your case to the IPC – how to register and make a written representation Advice note 8.4: How an application will be examined by the IPC – The Preliminary Meeting Advice note 8.5: Putting your case to the IPC – The Examination Process Advice note nine: Rochdale Envelope February 2011 This advice note addresses the use of the ‘Rochdale Envelope’ approach under the Planning Act 2008. A number of developers, particularly those for proposed offshore wind farms, have sought guidance from the IPC on the degree of flexibility that would be considered appropriate with regards to an application for a nationally significant infrastructure project under the Planning Act 2008 regime. Advice note ten: Habitat Regulations Assessment April 2011 This advice note explains the obligations placed on both the decision maker and developer under the Habitats Directive and the 2010 Habitats Regulations, clarifies the information to be provided with a development consent order and highlights the relevant bodies that should be consulted throughout the DCO application process. Please note, this advice note refers to appendices in a separate document. Advice note eleven: Working with public bodies in the infrastructure planning process (part 1) May 2011 This advice note explains the framework which governs the involvement of consultees at each stage in the process and sets out the key principles which the IPC hopes will underpin working arrangements. This advice note does not deal with the role of local authorities under the 2008 Act regime. Advice note twelve: Development with significant transboundary impacts consultation June 2011 This advice note sets out the procedures for consultation in association with an application for a Development Consent Order to the Infrastructure Planning Commission, where such development has significant transboundary impacts. Please note, this advice note refers to annexes in a separate document. http://infrastructure.independent.gov.uk/wp-content/uploads/2011/09/Advice-note-13-Preparing-the-draft-order.pdf Current lists of projects can be found at link Projects at a more advanced stage of the process are Rookery South (link) and Brig y Cwm (link). Both of these projects are energy from waste schemes. In particular attention is drawn to the obligations on promoters to consult widely with the local community about their projects. The Act and associated legislation require extensive consultation with a wide range of bodies which are set out. It is important also to engage with the relevant local authority as they will be a key participant in preparing your Statement of Community Consultation (SOCC) Section 51 of the Planning Act 2008 requires that advice we give in relation to Nationally Significant Infrastructure Projects is recorded. Regulation 11 of the The Infrastructure Planning (Applications: Prescribed Forms And Procedures) Regulations 2009 requires that the IPC publishes advice given under Section 51. Meetings which are held with promoters are followed up by meeting notes which contain the main points of discussion and a summary of any advice which is given and you are therefore advised not send or share confidential information.