Planning Act 2008

The Planning Act 2008 paves the way for a radically new system for approving nationally significant infrastructure projects (NSIPs) in England and Wales. The regime will become compulsory for energy and transport projects above a size threshold from 1 March 2010 and, from a later date, for certain water, waste and waste water projects.
 
The new system is founded on the introduction of National Policy Statements (NPSs) - statements by the Secretary of State (SoS) setting out government policy in relation to one or more specified descriptions of development in the fields of energy, transport, water, waste water or waste, for England, (in some cases) Wales and (in one case) Scotland. Drafts of the first NPSs, on energy and ports, were published for consultation and Parliamentary scrutiny in November 2009. In addition, a new body called the Infrastructure Planning Commission (IPC) has been created to consider applications for NSIPs and, once the relevant NPS is in place, will be able to grant or refuse a Development Consent Order (DCO) in respect of the application. This DCO will take the place of (i.e. remove the need and ability to apply for) consents under a variety of current regimes.
 
The new regime represents an opportunity and a challenge, as it should speed up the application process for larger projects and yet is so far untried. The IPC is keen to demonstrate that the new regime is effective, but also that it is not simply a rubber-stamping body. There is also a very considerable emphasis on consultation before an application is made, which will require a new mindset for promoters and others used to existing regimes, and much more advance planning than before.
 
Bircham Dyson Bell are leading the way in developing expertise and best practice in the new regime and are advising those likely to promote or otherwise be affected by projects under it, both in relation to draft NPSs and individual projects/NSIPs. Since the Act was passed in November 2008, we have created and kept up to date a detailed Newsletter setting out the new regime in more detail - click here for the latest edition. In July 2009 we published what is the only book on the market on the new regime - Butterworths Planning Law: A Practical Guide to National Infrastructure Projects - click here for more information about it and how to order it. With the publication of the first draft National Policy Statements, we have set out what those promoting or affected by projects will need to do about the draft NPSs and how we can help, in this capability statement. Finally, we are maintaining a blog on the new regime with news, analysis and comment on it as it unfolds - click here. For more general information about our work with major projects, click here.
 
For further information please contact Robbie Owen or Angus Walker.