MoU - National Infrastructure Planning

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If contact between other individuals in each body occurs, then the principal contacts will always be copied-in. Contacts
INFRASTRUCTURE PLANNING COMMISSION (IPC) AND THE WELSH ASSEMBLY GOVERNMENT (THE ASSEMBLY GOVERNMENT)

(a)

Introduction

1.

This Memorandum of Understanding (MoU) sets out the respective roles of the IPC and the Assembly Government and the way that the infrastructure planning system relates to Wales and explains the working relationship and arrangements between the two bodies.

The context is the major

infrastructure planning system established by the Planning Act 2008 (the Act), as it relates to the handling of all Nationally Significant Infrastructure Project (NSIP) proposals in Wales, or the territorial waters adjacent to Wales, i.e. up to the 12 nautical mile seaward limit.

Any future changes to planning

legislation affecting the operation of the infrastructure planning system and the IPC will be absorbed in a future revision of this MoU at the appropriate time.

2.

The Assembly Government is distinctive among the bodies that the IPC interacts with, because of:•

Its role in devolved areas of policy formulation for Wales;



The direct regulatory functions it performs;



Its role as the decision-maker for certain appeals and other consents;



Its duties in overseeing the operations of other bodies, including the Environment Agency and Countryside Council for Wales; and



The context of the Assembly Government having a statutory duty to support and promote the Welsh language.

3.

Although the decision-making of both organisations must remain impartial and independent, at the operational level co-ordination between the IPC and the Assembly Government is important because the system introduced by the Act entails several key touch points involving both bodies. The Assembly Government’s involvement as a statutory consultee lies both at the pre-

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application stage when proposals are still fluid and during the application examination stage after submission.

4.

Focused working relations between the two organisations should ensure that: timescales can be met without undue organisational strain; and appropriate resources and priority are given to the processes involved. Coordinated working relations will help to support the achievement of the objectives of the Act in terms of bringing forward high quality NSIP applications for impartial examination, in more orderly timescales than in the past. It should be noted that this MoU is not applicable to other devolved regulators in Wales.

5.

The subsequent parts of this MoU cover the following:•

The respective roles of the IPC and the Assembly Government;



Overall principles underpinning the coordination of roles.

Priorities and good practice in working relations for each specific aspect of the process, as set out in Annex 1.

6.

The organisations expect to learn significantly from on-going experience. Accordingly, this MoU is regarded as a live document to be reviewed regularly, to reflect best practice and changes in circumstances.

(b)

Roles of the organisations

The IPC

7.

The IPC is an independent Non-Departmental Public Body sponsored by the Department of Communities and Local Government, having the dedicated purpose of examining and deciding applications for NSIPs. In Wales, NSIPs cover a more limited range of the project types listed in s14 of the Act (as explained in paragraph 15). All NSIP applications are decided by the IPC, except where the UK Government Secretary of State is the decision maker, for example when no National Policy Statement covering the infrastructure type has been designated, or if there are changes in circumstances with the

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relevant NPS, or if important defence and national security considerations arise.

8.

When the IPC decides an application for a NSIP, it will either make an order granting development consent, or refuse development consent. In order to simplify and improve the efficiency of the process of bringing forward large infrastructure projects, under s33 of the Act certain consents which may normally be needed are not required.

Also, under s120 1 the order can

include a range of separate consents that would previously have had to be obtained under separate legislation from different authorities, although in relation to the consents prescribed under s150, the requirement for the consent cannot be removed by an order unless the normal decision-maker agrees. In a number of cases, this is the Assembly Government or other devolved regulators in Wales.

9.

The IPC has a key role during the pre-application stage of the process, ahead of formal submission. These involve:•

Advising promoters and others on the procedures involved in applying for development consent for NSIPs and interested parties on making representations on a proposed application as early as possible in the development stages;



Encouraging dialogue between promoters, Statutory Consultees such as the Assembly Government, local authorities and members of the local community, to ensure that the proposed project is enhanced by wellinformed and balanced engagement;



Being a contact point for individuals and bodies, to assist them in understanding the opportunities for participating in the process;



Conveying the values of openness, integrity, efficiency, objectivity and accountability underpinning the role of the IPC.

10.

Whilst the IPC can advise promoters and others on the application process, it may not give advice about the merits of a particular proposal. Advice given on potential or actual applications must be recorded in writing by the IPC and made public.

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This is subject to the provisions of ss120(8) and ss121 to 152 – see section 120(7)

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The Assembly Government

11.

The Assembly Government consists of the First Minister, the Welsh Ministers, their deputies appointed by the First Minister and the Counsel General. The key issues for this Advice Note are the powers and duties exercised by the Welsh Ministers. These powers and duties are made up of:•

Pre-devolution functions formerly exercised by Ministers of the Crown;

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General functions conferred by the Government of Wales Act 2006;



Functions conferred on the Welsh Ministers by Acts of Parliament;



Measures of the National Assembly; and



Sub-ordinate legislation made under Acts or Measures.

Because of more common usage, this MoU uses the term the Assembly Government rather than the Welsh Ministers.

13.

The Assembly Government has responsibilities including education, health, local government, transport, planning, economic development, social care, culture, the environment and agriculture and rural affairs, all of which are devolved. The Assembly Government exercises strategic functions relating to the devolution settlement, including making policy and guidance. It is also a statutory consultee on specific types of NSIP applications.

14.

The Assembly Government also has a consenting function as a regulator in various fields.

In addition to responsibilities on land, the Assembly

Government has devolved duties in marine regulation in Welsh inshore waters. These generally relate to the control of environmental, human health, navigational and other impacts of construction, deposits and removals in the marine area. This is relevant to developments such as ports, off-shore wind farms, tidal and wave projects. Up to April 2011, this will cover consents and licences in accordance with the Coast Protection Act 1949 (CPA) and the Food and Environment Protection Act 1985 (FEPA). After April 2011, the Assembly Government will retain a consenting function for marine licences in Welsh territorial waters under the Marine and Coastal Access Act 2009

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(MCAA). At that time, the new marine licence regime will replace the separate CPA and FEPA consent and licences.

15.

The main features of the infrastructure planning system as it applies in Wales are as follows:•



In accordance with s15-30, the NSIP types in Wales include: -

Generating stations

-

Above-ground electric lines

-

Underground gas storage facilities, when in natural porous strata

-

Pipe-lines, other than gas transporter lines

-

Harbour facilities;

There is a Wales-specific list of prescribed s150 consents or authorisations, which may only be covered by an order granting development consent (rather than being dealt with by the normal decision making body) if that body agrees. The Wales list forms Part 2 of the Schedule to the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 (MPP regulations). Many items in the list are devolved matters 2 and their inclusion is to preserve the devolution settlement, which both the Assembly Government and IPC will seek to respect having regard to the provisions of the Act.



For proposed NSIPs in Welsh territorial waters before April 2011, an order granting development consent made by the IPC, may include provisions deeming a CPA consent, but not a FEPA licence. This is in accordance with s148 and 149 of the Act. After April 2011, when FEPA licences and CPA consents are superseded by a marine licence, under s149A of the Act (and as amended by the MCAA), a development consent order may not deem a marine licence in the Welsh territorial waters because this will be the responsibility of the Assembly Government;



In accordance with s33 of the Act, the need for certain consents and permissions is removed when a development consent order is being obtained, but in Wales consent under s2 or 3 of the Ancient Monuments and Archaeological Areas Act 1979, a notice under s35 of the same Act

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It would be disproportionate to list every devolved consent in these regulations and therefore only those likely to be engaged by an application under the Planning Act have been included. However, it is the clear policy intention that no devolved consent should be included in a draft development consent order, without the agreement of the relevant consenting body in Wales”; From the Explanatory Memoranda to Infrastructure Planning Regulations, SI 102-106.

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and consents under s8 or 74 of the Listed Buildings Act are still required from the normal decision making body; •

In England, under s115 of the Act, the IPC can grant development consent for development which is “associated” with the NSIP. Associated development could include works such as off site highway improvements, flood defences or noise barriers. In Wales the legal definition of ‘associated development’ for a NSIP is confined to the carrying out or construction of surface works, boreholes and pipes associated with facilities for the storage of gas underground in natural porous strata. In relation to NSIPs in Wales, the IPC cannot (except in limited circumstances) give development consent for aspects of the NSIP which could, in England, be treated as associated development. This means that for some works (which are not an integral part of the NSIP) planning permission and any other consents and authorisations required must be obtained from the normal decision-making body

Applicants will be

encouraged to apply for such other consents and permissions in sufficient time for the outcome or likely outcome to be known before the NSIP examination process is concluded; •

When an application at least partly in Wales is being decided by a Panel, or by the IPC Council on the basis of a report by a single Commissioner, the IPC Chair, in appointing Commissioners, must ensure if reasonably practicable that at least one of the members of that Panel or Council is nominated by the Assembly Government (s70 and Schedule 1 to the Act, para.10).

16.

The particular roles of the Assembly Government in the infrastructure planning system arise from:•

Its identification as a statutory consultee in accordance with ss42 and 56 of the Act and Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (applications regulations). Accordingly, the Assembly Government must be consulted by applicants on all proposed and submitted (and accepted) applications ‘likely to affect land in Wales’. It is therefore likely that the Assembly Government would be consulted by applicants on proposals close to Welsh borders and territorial waters.

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The Assembly Government is also defined as a ‘consultation body’ for all proposals ‘likely to affect land in Wales’ in relation to scoping requests by applicants to the IPC, under regulation 8 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009.

The IPC will

therefore consult the Assembly Government on EIA scoping requests concerning NSIP proposals in Welsh borders and territorial waters and on any nuclear proposals. •

In accordance with s102 of the Act, the Assembly Government will be an ‘interested party’, which allows participation in the examination phase of any accepted application ‘likely to affect land in Wales’;



As the normal decision-making body for some consents in the s150 list (MPP regulations), the Assembly Government’s agreement will be needed by applicants who wish to have such a consent covered by a development consent order made by the IPC;



The Assembly Government has a role in certifying, in accordance with s132, that land given in exchange for special category land (e.g. Common land) will be no less advantageous.

(c)

General principles

Timeliness

17.

Because of the wide remit of the Assembly Government and its role as a statutory consultee, it will potentially be engaged in multiple stages of the infrastructure planning process, both at pre and post application, as detailed in Annex 1. The Assembly Government will respond to such requests for information and advice in timescales that meet statutory requirements of the Act.

18.

The IPC will also act in a timely and constructive way in its role in advising all parties on procedures and directing relevant requests for advice and information to the appropriate contacts in the Assembly Government.

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Efficiency through appropriate contact arrangements

19.

The IPC and the Assembly Government will promote speed, efficiency and avoidance of unnecessary bureaucracy. The current contact arrangements are set out in Annex 2. These contacts will disseminate enquiries and consultations to other parts of the organisations and manage responses to meet the relevant timescales. When change occurs, updated contact details will be promptly shared with the other organisation. If contact between other individuals in each body occurs, then the principal contacts will always be copied-in. Contacts will be reviewed and updated at regular intervals along with this MoU as a whole.

20.

Regular non case specific meetings will be held between key contact points and other staff to review processes and maintain effective knowledge and communication. These will be at six monthly intervals, or as reviewed at the same time as the MoU itself.

Openness and transparency

21.

In all relations, the organisations will apply a ‘no surprises’ approach and robustly respect the independence of operation of the other. This includes the need for the IPC to be impartial and not to give advice about the merits of an application or proposed application for a development consent order. Similarly, the Assembly Government will not give advice about the merits of any application or proposed application for any relevant devolved consent not included in the order. Applying principles of openness and transparency will give assurance of this to applicants, stakeholders and the public.

22.

Free flow of information is a key principle in relations between the organisations, although the Assembly Government will notify applicants as appropriate before passing on information to the IPC.

23.

If reasonably practicable and relevant, the IPC will assist in relation to non case specific Assembly Government business, for example through written information concerning the NSIP process relating to Wales.

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24.

The Assembly Government and IPC have established procedures for conveying information of certain types in specific ways, for example EIA scoping responses to a dedicated IPC e-mail address. Current arrangements are included within Annex 2.

Front-loading of the process

25.

When dealing with prospective applicants and other parties, the organisations will strongly encourage early pre-application engagement with the local community, local authorities, stakeholders and other consultee bodies. This will benefit local engagement and enable devolved decision-making bodies to be aware of and feed into the process effectively at an early stage.

Awareness of Welsh characteristics of the system

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The IPC will seek to ensure that prospective applicants and other parties are aware from the outset of the particular ways in which the infrastructure planning system applies in Wales. This is relevant to managing implications arising from the tight legal definition in Wales of what may be associated development within a development consent order. Early engagement will be vital between Welsh decision-making bodies, scheme promoters and other consultees about s150 consents that may be proposed for inclusion in the development consent order, rather than being under the control of the normal decision-maker. Early engagement by the applicant with the relevant Welsh decision-making body will also ensure that the body is fully informed of case circumstances before deciding whether to allow the s150 consent to be included in an order.

Welsh Commissioners

27.

The role of Welsh Commissioners is to contribute specialist expertise and knowledge relating to Welsh matters to the consideration and examination of NSIP proposals in Wales, not to represent the interests of the Assembly Government or other devolved bodies in Wales.

And like any other

Commissioner, a Welsh Commissioner will be unable to comment or advise 3

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Commissioners must comply at all times with the IPC Commissioners’ Code of Conduct

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on the merits of individual NSIP applications before an application is submitted However, a Welsh Commissioner 4 will be able to provide appropriate briefings to update the Assembly Government on IPC processes or to be briefed by the Assembly Government about current legislative arrangements in Wales. This will ensure that the IPC and where appropriate, Assembly Government are able to disseminate information about the NSIP application process as it relates to Wales.

Preserving the devolution settlement

28.

In the conduct of relations between the organisations and interaction with applicants and other bodies, the IPC will have regard to the need to ensure the preservation of the devolution settlement in Wales and the general devolution-neutrality of the infrastructure planning system.

Welsh Language Scheme

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The IPC will follow the principle that, where appropriate in the given circumstances and reasonably practical, it will endeavour to treat the English and Welsh languages on the basis of equality, in accordance with its Welsh Language Scheme. In doing so, it will support the Assembly Government in its aims of promoting the use of the Welsh language.

4

Nominated by the Assembly Government in accordance withS70(2) or paragraph 10 of Schedule 1 of the Act

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ANNEX 1

MoU Infrastructure Planning Commission (IPC) and the Welsh Assembly Government (the Assembly Government)

Working relations at specific stages of the Nationally Significant Infrastructure Project (NSIP) application process

Early informal consultation on schemes

A1.1

From the earliest stages of NSIP development through to the submission of an application, the Assembly Government may be asked by a prospective applicant for advice on its various functions and policy matters.

A1.2

The Assembly Government will respond as fully as appropriate to advice requests from promoters on aspects of proposals and keep the IPC consistently informed. This will aid preparation of comprehensive and well informed NSIP proposals and assist with the orderly conduct in the IPC processes.

A1.3

When directing potential applicants to the Assembly Government for advice, the IPC will seek to ensure that the applicant is sufficiently aware of preapplication procedure where possible, and that approaches to the Assembly Government are relevant and appropriately formulated.

The IPC will

proactively explain the process and the roles of the different organisations involved and assist parties in working collaboratively during the preapplication stage.

A1.4

Also from the earliest stage, the IPC and Assembly Government will endeavour to ensure that prospective applicants in Wales are aware of the distinctive features of the NSIP process relating to Wales, including the legal definition of associated development, the policy position as covered by para 14 of this MOU and the implications that this has for the scope of development which can be included within the development consent order. This will encourage timely discussions between the applicant and the normal

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devolved regulators relating to additional consents that are required to enable the NSIP to be implemented. This will ensure that any implications for the delivery of the NSIP scheme are understood and, as far as possible, any issues resolved, before the application for development consent comes to be examined. Whilst remaining neutral on the merits of proposals, the Assembly Government and the IPC will strongly encourage an integrated approach to the formulation of applications and a consideration given to the cumulative effects of the proposed NSIP development and any other aspects of the proposed development for which separate consents are necessary. This may for example have implications for the approach to Environmental Impact Assessment.

Environmental Impact Assessment (EIA)

EIA screening

A1.5

The IPC has no statutory responsibility to consult in dealing with EIA screening opinion requests by potential applicants, concerning whether a scheme should be subject to EIA. Nevertheless, the Assembly Government and other devolved regulators may have knowledge and experience that can help inform the screening process and, if approached for this purpose by promoters and/or the IPC, will seek to respond in a timely and constructive way.

EIA scoping

A1.6

The Assembly Government has a role to play on EIA scoping matters that relate to regulation 8(6) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (EIA regulations). This regulation requires the IPC, to consult with the applicant and the ‘consultation bodies’ when it receives a scoping request from a prospective applicant. The “consultation bodies” are the same as those prescribed for s42(a) of the 2008 Act and listed in the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (SI2264 Schedule 1, column 1). The Assembly Government is one of the prescribed consultation bodies, to be consulted in the case of all proposed or accepted applications ‘likely to affect land in

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Wales’.

The Assembly Government may also be consulted by the IPC on

scoping requests concerning NSIP proposals in Welsh territorial waters, and on land in England if they are likely to affect land in Wales. This is explained further in the IPC’s Advice Note about scoping consultation 5 . A1.7

To streamline information flow and ensure progress can be monitored and queries addressed quickly, the IPC and the Assembly Government will have designated contacts relating to EIA scoping. Each organisation will ensure that their main contact will disseminate and receive the necessary information to and from each other, efficiently. If the Assembly Government does not respond to consultation within 28 days, it is open to the IPC to assume that it has no comments 6 .

A1.8

There are also several Welsh bodies that, although not prescribed by schedule 1 7 , will be consulted by the IPC on EIA scoping because of particular reasons in each case. These are:•

The Welsh Language Board – will be consulted for all scoping opinion requests for NSIPs in Wales, given the importance that the IPC places on supporting the Welsh language;



The four Joint Transport Authorities established under the Transport (Wales) Act 2006 covering north, mid, south west and south east Wales – will be consulted in all cases given the likelihood of transport impacts from NSIPs in Wales;

A1.9

All devolved administrations including the Assembly Government regarding nuclear NSIPs will also be consulted in relation to nuclear NSIPs, wherever the location. This is explained in the IPC’s Advice Notes about scoping consultation, along with a section on consulting in Wales 8 .

Providing information required for preparing an Environmental Statement (ES)

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IPC Advices Note 3 and 7; http://infrastructure.independent.gov.uk/?page_id=2150 EIA regulation 8(11)).] 7 Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regs 2009(SI2264). 8 IPC Advice Note 3; http://infrastructure.independent.gov.uk/wpcontent/uploads/2010/05/Advice-note-3-scoping-opinion.pdf 6

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A1.10 When an applicant has notified the IPC that they intend to provide an ES, or the IPC has given a screening opinion that an ES is required, in accordance with EIA regulation 9, the IPC must notify the consultation bodies, including the Assembly Government.

This notification will provide the applicant’s

details and confirm that there is a duty upon the Assembly Government, if requested by the applicant, to explore whether the Assembly Government has information relevant to the preparation of the ES.

If so, the Assembly

Government must make this available to the applicant. The relevant contact point within the Assembly Government will be responsible for promptly following up information request under the EIA regulations and ensure good communication between parties.

A1.10 There is no statutory timescale for this process, but to facilitate well informed NSIP proposals in reasonable timescales and support the objectives of the Act, the Assembly Government will regard ES information requests with due priority. The established EIA contact arrangements on both sides will be maintained.

A1.11 In accordance with the EIA Regulations the IPC will require applicants to consider the cumulative effects of the NSIP including any elements of the NSIP which will be consented by other regulators such as the local planning authority. Where such works themselves require Environmental Impact Assessment the IPC will where appropriate encourage applicants to consider the benefits of coordinating and dovetailing surveys and assessment work.

Section 42 and 48 pre-application consultation and publicity

A1.12 The applicant must, in accordance with s42, formally consult a range of bodies including the Assembly Government on the proposed application (Schedule 1 to the applications regulations), when an application is ‘likely to affect land in Wales’]. Before carrying out formal pre-application consultation under s42 the applicant must identify whether the proposal is EIA development.

As

explained

above

(paragraph

A1.5)

the

Assembly

Government may have a non statutory role to play in the screening process.

A1.13 When consulting under s42, the applicant will notify the Assembly Government of the deadline for receipt of its response. In accordance with

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s45(2), this deadline will be not earlier than 28 days from receipt of the consultation documents by the Assembly Government.

The Assembly

Government will seek to respond to the applicant with comments as soon as reasonably practical within the deadline. As the timescale is expressed as a minimum the Assembly Government will seek to agree with the applicant a deadline that, if not 28 days, is as short as reasonably practicable and keep the IPC informed of this agreement.

A1.14 In accordance with EIA regulation 11 and Applications regulation 4, the Assembly Government will also be sent a copy of the notice under s48, by the applicant. This publicises the proposed application, including whether it is EIA development.

The notice will inform the Assembly Government of a

deadline for submitting comments to the applicant, of not earlier than 28 days from receiving the notice. The deadline for comments on the notice should be consistent with that set by the applicant for s42 consultation in the manner described above.

The IPC will reinforce the benefits of consistency and

alignment between these two deadlines in its contacts with the applicant.

Consultation on an application accepted by the IPC for examination

A1.15 In accordance with s56, if the IPC accepts an application, the applicant must give notice of this to a range of bodies, including the Assembly Government in the case of all applications likely to affect land in Wales (Schedule 1 to the applications regulations). A deadline of not earlier than 28 days from the receipt of the s56 notification will be given to the Assembly Government by the applicant, for making comments to the IPC on the accepted application.

A1.16 In line with EIA regulation 13(2)(b), the applicant must also send to the consultation bodies, including the Assembly Government, a copy of the application with a map showing the location of the development site, together with a copy of the ES. Any comments on these documents can thus be included in the response to the IPC in relation to the s56 consultation, within the same deadline.

A1.17 As with s42 consultation, the timescale to be set by the applicant in accordance with s45(2) is expressed as a minimum. In order to expedite the process as much as possible, the Assembly Government will seek to agree

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with the applicant a deadline that, if not the minimum of 28 days, is as short as reasonably practical and keep the IPC informed of this agreement. The IPC will support and encourage this process.

Further EIA consultation

A1.18 The Assembly Government will also be consulted in accordance with EIA regulations 16, 17, 18 and 19 and given a period of not less than 28 days to comment to the IPC when, respectively:•

The Examining authority issues a revised screening opinion or direction resulting in an ES being required when this was originally not the case and the Assembly Government being sent a copy of the ES;



The Examining authority finds that the ES needs to contain further information and the Assembly Government being sent a copy of this information when prepared;



The applicant submits an updated ES to enable the Examining authority to determine a subsequent application and the Assembly Government being sent a copy of the updated ES (A subsequent application is one made to fulfil a requirement imposed by a development consent order, or to obtain an approval necessary before the development can be begun);



A subsequent application does not meet EIA requirements, either in respect of the Examining authority requiring an updated ES, or further information on an updated ES and the Assembly Government being sent a copy of either.

A1.19 The designated contact arrangements in the IPC and the Assembly Government already established for overall and EIA purposes will facilitate these further EIA-related functions. Again, if the minimum 28 day period is assessed to be inadequate for an appropriate response to these consultations, the Assembly Government will seek to agree with the applicant a timescale that is as short as reasonably practicable.

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Inclusion of consent requirements within an order

A1.20 When a draft order contains provisions covering any of the s150 consent requirements normally dealt with by the Assembly Government or other devolved regulator, the IPC will emphasise through contacts with applicants the need for early engagement with the Assembly Government or other devolved regulator, so that the Assembly Government can be fully informed in its decision on whether to agree to the relevant consent being part of the order and any conditions necessary for this to happen. In deciding, whether to agree to the inclusion of any prescribed consent the Assembly Government considers it will be appropriate to have regard to the objectives of the Act for streamlining the consent process for NSIPs and at the same time the need to respect the principle of locally accountable devolved regulatory decisionmaking in Wales.

A1.21 As soon as the IPC becomes aware of a proposed order that may seek to include provisions relating to devolved consents, whether the consent is prescribed in the Schedule to the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 or not, it will inform the Assembly Government and make the applicant aware.

Examination of an application accepted by the IPC

A1.22 In accordance with s102, the Assembly Government would be an ‘interested party’ for the purposes of the examination phase for any accepted application likely to affect land in Wales. The Assembly Government would also have the status of an interested party if it had made a relevant representation on an application when consulted under s56.

As a result, the Assembly

Government would have the following potential involvement in the examination of an application:•

It would be invited to attend the preliminary meeting and thus be able to make representations to the Examining authority about how the application should be examined;



It can make written representations on the application in the timescale set by the Examining authority after the preliminary meeting;

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It may call for an open-floor, or compulsory acquisition hearing to be held if appropriate;



It is entitled to make oral representations at any issue-specific hearing that the Examining authority decides should be held;



It may accompany the Examining authority on a site inspection before the completion of the examination;



It can answer written questions, or provide further written information, if asked by the Examining authority.

A1.23 The IPC will assist the Assembly Government with procedural advice about any of these aspects as necessary. Through the Examining authority, the IPC will also enable the Assembly Government to clarify any remaining uncertainties over whether consents and permits included in the draft order in accordance with s150 instead of being under their control are in acceptable terms.

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ANNEX 2

Third Draft MoU Infrastructure Planning Commission (IPC) and the Welsh Assembly Government (the Assembly Government) Contact points within respective organisations Individual names and contact details have been omitted for the website version of the MOU for protection of individual’s personal information.

The Assembly Government A2.1 Director of the Department for Environment, Sustainability and Housing Head of Sustainable Energy and Industry Head of Planning Head of Waste and Local Environmental Quality Head of Climate Change and Water Head of CADW Head of Transport Policy Unit

The IPC A2.2 Director of Operations Head of Case Management IPC Wales Group including one Case Leader and two Caser Officers EIA and Land Rights Managers

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