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Project information paper

Planning Act 2008 and theInfrastructure PlanningCommissionNational Policy Statements (NPS)were introduced to the Planning Act2008 to set out clear national policyfor various types of infrastructure, andprocedures for the examination andapproval of Nationally SignicantInfrastructure Projects (NSIPs).

Promoters of such projects arerequired to obtain a developmentconsent order by making anapplication to the InfrastructurePlanning Commission (IPC).

The IPC is an independent body thatstresses the importance of community and stakeholderconsultation. They require a highdegree of consultation at the pre-application stage. Applicants are

required to have regard toconsultation responses in formulatingtheir application.

For more information aboutthe IPC application process visitwww.infrastructure.independent.gov.uk

The Government has indicated that itintends to bring the Thames Tunnelproject within the remit of the IPC,given its national signicance and theurgency of the need to proceed withthe project.

We are carrying out our pre-application consultation to complywith the requirements of the PlanningAct 2008 and related guidance.

Route to consent

The Government has requested that we take forward proposals toconstruct the Thames Tunnel project. We need to follow a rigorousprocess to seek permission to build the tunnel.



Draft Waste WaterNational Policy StatementThe Thames Tunnel project wasincluded in the Department of Environment and Rural Aairs’ (Defra)draft Waste Water NPS, which was

the subject of consultation in late2010 and early 2011. The draft NPSincluded a chapter on the need forthe Thames Tunnel project and wasexamined by the Environment, Foodand Rural Aairs (EFRA) committee of the House of Commons. It was alsodebated by the House of Lords GrandCommittee in spring 2011.

The EFRA committee agreed that theproject should be brought within theremit of the Planning Act 2008. Itsreport stated ‘with the Thames Tunnelproject crossing some 14 Londonboroughs, it is clear that applying thecurrent planning system would behighly complex and the projectappears to be a prime candidate tobenet from the streamlinedprocesses of the NSIP regime’.

The committee urged the

Government to bring forwardproposals to ‘amend the Planning Act2008 to bring large scale sewagecollection and transfer schemes suchas the Thames Tunnel within theplanning regime for NationallySignicant Infrastructure Projects’.

The future of the IPCThe Localism Bill, currently beforeParliament, proposes to abolish theIPC and transfer its powers to theSecretary of State. Themanagement of the application

examination process by the IPCwould be integrated into thePlanning Inspectorate.

We understand that the day-to-daywork of the IPC would be undertakenby a division of the PlanningInspectorate. The examinationprocess would remain broadly thesame as the current system for NSIPs.

It is likely that these changes will be

made before we submit ourapplication. In our documents werefer to making an application to theIPC, as the new unit has not yetbeen established.

Incorporating the ThamesTunnel project into thePlanning Act 2008On 13 July 2011, the Governmentbegan a consultation on a proposedOrder to incorporate the ThamesTunnel project into the PlanningAct 2008 process. This ran until5 October 2011.

The Government is currentlyconsidering responses to theconsultation with a view to the Orderbeing made by Parliament early

in 2012.

Route to consent

“ I am… minded that development consent for

the project should be dealt with under theregime for nationally significant infrastructureprojects established by the Planning Act 2008.I consider that this project, with its uniquescale and complexity, is of national significance,and therefore appropriate for this regime”.Secretary of State at Defra, Caroline Spelman(7 September 2010)



Opportunities for involvement inthe planning processThe Planning Act 2008 pre-application consultation is morerigorous than the current process thatmost planning applications must passthrough. The consultation is ‘frontloaded’. This means that far moreconsultation must take place beforean application is submitted. TheLocalism Bill also adds moreconsultation requirements to theconventional system.

It is important to note that if theThames Tunnel project were to bedesignated as a NSIP, then ourapplication would still need todemonstrate how we have taken intoaccount consultation responses informulating our nal application.

A report on consultation will be

required, similar to our Report on phase one consultation.

Once an application has beenreceived by the IPC it has 28days to consider whether toaccept it. One of the matters thatthe IPC will take into account isthe adequacy of theapplicant’s consultation.

If our application is accepted,we will then publicise it for atleast 28 days. Anyone wantingto be involved in the process must

register their interest at this timeusing a form supplied by the IPC,which allows a brief summary of a case to be made.

Following the registration period, theIPC will hold a preliminary meetingand will invite everyone whoregistered. This meeting will considerhow the application will be examined.

Shortly after the preliminary meetingthe IPC will publish a ‘Procedural

Decision’. This will set out a timetableand a list of the issues, on which thoseexamining the application areinterested in receiving more writtenevidence. This is the time to makemore detailed written representations.

You can also comment on therepresentations of others. Someissues will be considered by way of hearings; these may be on specictopics or where acquisition of land is

involved. There is also the opportunityfor ‘open oor sessions’. These allowyou to express your views to thoseexamining the application.

Local authorities can submit a LocalImpact Report, which sets out theimpact of a proposal on the localarea. You may want to examine it andcomment on it.

Planning milestones

Opportunities to inuence plans

Opportunities to infuence our plans

Feedback to Thames Water

Opportunityfor legal

challenge

Registration of representations

to IPC

Submission of evidence, localimpact reports

and publichearings

D e c i s i o n

b y

M i n i s t e r ( s

)

2011

P h a s e t w o

c o n s u

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n

A p p

l i c a t i o n t o

I P C

A c c e p t a n c e

P r e - e

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E x a m i n a t i o n b y I P

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8 p u

b l i c i t

y

2012 2013

P h a s e o n e

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2010 2014



For further information see our website: www.thamestunnelconsultation.co.uk or call us on 0800 0721 086.

Phase two consultation (Autumn 2011)

Route to consent

The panel examining the applicationwill then consider all representationsand write a report. Assuming that theLocalism Bill becomes law, theSecretary of State (in our case webelieve this will be the Secretaries of State at Defra and the Communitiesand Local Government Committeeacting jointly) will consider thatreport and make a nal decision onthe application.

Further guidance can be found on theIPC website www.infrastructure.independent.gov.uk (in particularadvice note eight).

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Related

documents

Project information papers

• Consultation

Technical reports

• Report on phaseone consultation

• Interim engagement report

p2 route to consent pip

Documents