Planning Inspectorate
The government has published guidance about national infrastructure planning which applicants, members of the public and other parties should read. See the National Infrastructure Planning Guidance Portal. The guidance should be read alongside the Planning Act 2008 (the Planning Act).
This advice is non-statutory. However, the Planning Inspectorates advice about running the infrastructure planning regime and matters of process is drawn from good practice and applicants and others should follow our recommendations. It is intended to complement the legislation, regulations and guidance issued by government and is produced under section 51 of the Planning Act.
Further information about the NSIP process, the people and organisations involved in the process and the stages of the process can be found in:
- The governments Nationally Infrastructure Planning Guidance
- The Planning Inspectorates Advice for members of the public. That advice also includes information about how members of the public can have their say about changes to an application
The applicant is responsible for submitting an application that has been well prepared following engagement and consultation with all relevant parties. The purpose of the pre-application stage is to front load project development. Technical issues should be identified and resolved as far as possible during the pre-application stage so that the examination of the application will be as straight forward as possible.
The applicant should refer to the governments guidance on the Pre-application stage and the Planning Inspectorates Pre-application Prospectus for further information about preparing a NSIP application. However, in certain circumstances an applicant may decide they need to make a change to an application after it has been accepted for examination, for example, in response to the publication of new or emerging government policy or following on-going negotiations between the applicant and other interested parties. Changes to an application after it has been accepted should not be routine practice.
See paragraph 018 of the governments guidance on the Examination stage for information about changes to an application during examination.
Applicants should be aware that a request to make a change to an application using the Fast Track procedure may require the application to revert to conventional Planning Act timescales. In these circumstances the applicant should discuss the potential effect of a request to change an application with the Planning Inspectorate promptly. See paragraphs 003 and 010 of the governments guidance on the Fast-track process for more information.
Who can make a request to change an application?
Only the applicant can make a request to change their application. Interested parties who wish to see a change to an application after it has been accepted should speak to the applicant directly or include their suggested change in a representation made to the Examining Authority.
If the applicant wishes to make a change to a Development Consent Order (DCO) which has already been made by the Secretary of State, they should contact the relevant government departments and refer to:
- The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011
- The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015
- the governments guidance on Changes to Development Consent Orders
When should a change request be made?
The applicant should notify the Examining Authority of any proposed change requests at the earliest opportunity (see Step 1 in this advice). Under the principles of fairness and reasonableness all interested parties must have an opportunity to submit representations about a changed application before the close of the examination. Where necessary the applicant should be aware of the time required to carry out the requirements of The Infrastructure Planning (Compulsory Acquisition) Regulations 2010) (the CA Regulations). See Additional compulsory acquisition powers.
The applicant will need to consider that when the change application is submitted (see Step 4 in this advice) any supporting documents and plans will need to meet the required standard to be accepted.
When can a change request be accepted?
Only the Examining Authority can decide whether a proposed change to an application can be accepted and examined.
What will the Examining Authority consider?
The Examining Authority will initially consider whether, following the proposed changes, the project will be substantially the same as the project which was initially applied for. The Examining Authority will also consider if the combined impact of a series of incremental changes may collectively result in a materially different project. This is a decision that will be made by the Examining Authority based on planning judgement.
The Examining Authority will not normally need to consult interested parties about this issue. This is because the Examining Authority can consider comments about the proposed change sent to the applicant by interested parties and others when they decide if the project is materially different. See Step 3 and Step 4 of the change request process in this advice.
If the Examining Authority considers that the effect of the proposed changewould beso substantial as to constitute a materially different project the applicant will need to decide whether to:
- withdraw the application and submit a fresh application accommodating the proposed changes
- submit a lesser change request
- proceed with the examination based on the project originally applied for
The applicant should consider that the later in the process an application is withdrawn, the greater the risk that an interested party may successfully recover their costs. For further information see the governments Awards of costs: examinations of applications for development consent orders guidance (July 2013).
The Examining Authority will consider the impact of the proposed change on interested parties and anyone else that could be affected. The Examining Authority will consider the opportunities available for interested parties, and anyone else affected, to comment on the changed application and then respond to the comments of others.
The Examining Authority will consider if there is sufficient time remaining in the examination process to examine the changed application. Whether sufficient time remains will depend on the complexity of the issues arising from the proposed change. For example:
- the extent to which the change would generate new or different likely significant environmental effects
- the extent to which the change would require additional compulsory acquisition powers
The Examining Authority will consider any other matters they consider important and relevant.
Additional compulsory acquisition powers
Additional compulsory acquisition powers may be needed where the proposed change involves additional land that is not included in the Book of Reference. Additional land includes the compulsory acquisition of land that was previously included in the Book of Reference for temporary possession only.
If the applicant is requesting a change which would require additional compulsory acquisition powers, they must seek to obtain consent for the inclusion of these additional powers from all persons with an interest in the additional land (see The Infrastructure Planning (Compulsory Acquisition) Regulation