About Nationally Significant Infrastructure Projects (NSIPs)
What is an Nationally Significant Infrastructure Project (NSIP)?
Nationally Significant Infrastructure Projects (NSIPs) are large scale developments (relating to energy, transport, water, or waste) which require a type of consent known as “development consent”. The Planning Act 2008 introduced a new development consent process for NSIPs which was subsequently amended by the Localism Act 2011.
A Development Consent Order (DCO) automatically removes the need to obtain several separate consents, including planning permission and is designed to be a much quicker process than applying for these separately.
The DCO process starts when an application is formally accepted by the National Infrastructure Planning Unit (Planning Inspectorate PINs) and lasts approximately 12 months. The process, however, is front-loaded with a number of pre-application consultation requirements.
The final decision on granting a DCO rests with the Secretary of State for that field.
The Development Consent Process
The formal process of the DCO follows the following stages:
Pre-application - Before submitting an application, potential applicants have a statutory duty to carry out consultation on their proposals. The length of time taken to prepare and consult on a project will vary depending upon its scale and complexity. Responding to an applicant’s Pre-application consultation is the best time to influence a project, whether you agree with it, disagree with it, or believe it could be improved.
Acceptance - The Acceptance stage begins when an applicant submits an application for development consent to the Planning Inspectorate. There follows a period of up to 28 days (excluding the date of receipt of the application) for the Planning Inspectorate, on behalf of the Secretary of State, to decide whether the application meets the standards required to be accepted for examination.
Pre-examination - At this stage, the public will be able to register with the Planning Inspectorate to become an Interested Party by making a Relevant Representation. A Relevant Representation is a summary of a person’s views on an application, made in writing. An Examining Authority is also appointed at the Pre-examination stage, and all Interested Parties will be invited to attend a Preliminary Meeting, run and chaired by the Examining Authority. Although there is no statutory timescale for this stage of the process, it usually takes approximately three months from the Applicant’s formal notification and publicity of an accepted application.
Examination - The Planning Inspectorate has up to six months to carry out the examination. During this stage Interested Parties who have registered by making a Relevant Representation are invited to provide more details of their views in writing, Local Impact Report. Careful consideration is given by the Examining Authority to all the important and relevant matters including the representations of all Interested Parties, any supporting evidence submitted, and answers provided to the Examining Authority’s questions set out in writing or posed at hearings.
Recommendation and Decision - The Planning Inspectorate must prepare a report on the application to the relevant Secretary of State, including a recommendation, within three months of the close of the six-month Examination stage. The relevant Secretary of State then has a further three months to make the decision on whether to grant or refuse development consent.
Post decision - Once a decision has been issued by the relevant Secretary of State, there is a six-week period in which the decision may be challenged in the High Court. This process of legal challenge is known as Judicial Review.
What is the Local Authorities role?
If the route or project is within our area, we are called a Host Authority. Whilst there is no statutory requirement for a LA to be involved, we do endeavour to do so. It is considered important that we influence the projects as best we can, to ensure the best outcome for our local landscape impact, historic environment, ecology, environmental amenities, and local communities.