Advice to Tim West

Enquiry

• From: Tim West
• Date advice given: 23 July 2010
• Enquiry type: Email

I am keen to understand the process that is gone though prior to planning approval being granted for major power generation projects i.e. those over 50MW.

I am aware that this was previously managed by the Energy Consents team at DECC but am now unsure with whom this now sits. Are you able to provide me with the contact details of the person within your organisation who is responsible for these projects.

Advice given

Phillip, see comments, Kath

Under Section 15 of the 2008 Planning Act (the act), a generating station with a capacity of 50 MW or more in England and Wales is dealt with by the IPC. The process for an application monitored by IPC is made up of 6 stages. Throughout these stages IPC can’t comment on the merits of the scheme only advise on applying for Development Consent Order (DCO) and making representations about an applicant or proposed application.

Pre-application The first stage is pre-application where initial contact is made between the applicant, IPC and the local authority. The screening and scoping stages of the EIA are carried out and the statutory consultees are identified and contacted regarding the development. S.42 of the act outlines who needs to be consulted at this stage and further information can be found in guidance note 1 which is located on the IPC website.

Acceptance The IPC then has 28 working days to decide whether the applicant has undergone enough consultation and the application meets the standards required to go forward the pre-examination stage.

Pre-examination This stage lasts 3 months in which the application is published on the web and you are allowed to register as an interested party. After 28 days into pre-application stage interested parties have 21 days to express their views. Towards the end of pre-examination stage the commissioners will hold a preliminary meeting in which all interested parties are invited to attend. This meeting includes setting the deadline for the Local Impact Report (LIR), receipt of detailed representations and when hearings will take place. The merits of the scheme are not for consideration at this point.

Examination Stage The timetable for this stage will have been confirmed, interested parties will have 28 days to submit detailed representations which will uploaded to the web. Anyone then has 21 days to make comments on these representations which will also be published on the web. Relevant local authorities will have the opportunity to submit their LIR within the first 42 days of the examination stage.

Decision The commissioner(s) now have three months to make a decision or recommendation. The decision will be made available on the IPC website.

Post-decision There is a six week window for legal challenges against the outcome or the restrictions enforced under S.118 of the act.