New Planning Bill gains Royal Assent and becomes law

The Government's new consent regime for major schemes like power stations, airports and reservoirs has now been formally established following Royal Assent for its latest planning legislation.

Under the Planning Act 2008 ministers will create a new body, the Infrastructure Planning Commission (IPC), which will determine nationally significant projects. The Act will give legal force to a new unified consents regime and a new requirement for a suite of 11 National Policy Statements (NPSs) setting out government planning policy in such areas as energy, nuclear development and airport expansion.

The new legislation also gives ministers powers to bring in a new tax, the Community Infrastructure Levy, and makes a number of changes to existing development control and development plan arrangements.

Ministers said that this Act showed the Government is making the tough decisions needed for this country's future. During challenging economic times a quick, predictable and fair planning system for major infrastructure that can deliver new renewable energy supplies, public transport and clean water is vital.

Communities Secretary Hazel Blears said: 'One third of Britain's electricity generation capacity must be replaced in the next few years and the current planning system is not able to cope. Under the current regime there is enough renewable energy caught up in the system to power over one and a half million homes.
'In the future now that the Planning Bill has been given Royal Assent we can begin to create the faster, fairer planning system we need to reduce our fossil fuel addiction and build up a new generation of renewable energy infrastructure sources like wind power. Many low carbon power sources will now get faster approval, and the country could save £300m a year.'

The Act will create a new integrated planning system for major infrastructure that will enable us to make the big decisions in under a year, give people three chances to be heard rather than just one as now, and make the entire process more accountable and transparent.

Ministers will set out National Policy Statements detailing national infrastructure priorities for the country in areas such as energy, aviation, road and rail transport, water and waste, and the decisions as to whether to allow individual projects to go ahead will then be taken independently by a new Infrastructure Planning Commission, operating within the framework set by ministers.

One third of Britain's electricity generating capacity needs replacing, people are facing rising fuel bills, and we are becoming more and more dependent on imported energy as supplies from the North Sea decline. But currently only 5 per cent (or 5 Giga Watts) of our electricity comes from renewable sources.

The current system has been failing the British public. Today there is enough renewable energy capacity clogged up in the England and Wales planning system to power 1.5 million homes (2.7GW). Planning Bill measures mean it could be decided more quickly and fairly.

In the New Year the Government will set out a timetable for how we plan to set-up the IPC and consult on the detailed regulations and NPSs to implement the new system. This will help promoters plan their applications, allow stakeholders to plan their engagement and ensure that all are properly consulted.

The new system will unify the existing eight regimes for nationally significant infrastructure into a single consent regime, under which:

the Government will set out the case for infrastructure in areas such as energy, aviation, road and rail transport, water and waste in National Policy Statements integrating social, economic and environmental policies:

• developers will be required to consult local communities and other key stakeholders prior to submitting applications, and to conduct environmental assessments where required by EIA regulations
• decisions on nationally significant applications will be made by an independent Infrastructure Planning Commission (IPC), within the framework of the National Policy Statements; policy set after widespread public consultation and scrutiny by Parliament
• inquiries and decisions will be subject to statutory timetables. By streamlining consent procedures by rationalising the different regimes, improving inquiry procedures, and imposing statutory timetables on the process, we expect the time taken from application to decision to fall to under a year in the majority of case

Public involvement is a key feature at all three stages of the new planning system:

• at the pre-application stage, promoters will be required to consult relevant local authorities and local communities on project proposals, giving them a better opportunity to influence outcomes at an early stage
• at the pre-application stage, promoters will be required to consult relevant local authorities and local communities on project proposals, giving them a better opportunity to influence outcomes at an early stage
• the examination stage will be easier for the public to engage with; anyone who registers an interest will be able to trigger an open floor hearing, and all interested parties will have a right to be heard at that hearing; in addition, where the commission calls a hearing to probe a specific issue, interested parties will have a right to be heard at that hearing on that issue. There will also be extra funding for Planning Aid to help local communities and hard-to-reach groups have their say