Nationally Significant Infrastructure Projects: 2024 Pre-application Prospectus - Frequently Asked Questions
A list of frequently asked questions about the Nationally Significant Infrastructure Projects Pre-application Prospectus
Applies to England and Wales
When will the charging start for the pre-application services?
For projects that did not notifiy us or request an opinion in accordance with EIA Regulation 8 before 30 April 2024, charging for our new services began on 1 October 2024.
For projects that notified us or requested an opinion in accordance with EIA Regulation 8 before 30 April 2024, charging for our new services will begin on 1 April 2025.
For projects subscribing to the enhanced tier of pre-application service, charging began on 1 October 2024.
For all new projects introduced to the Planning Inspectorate after 1 October 2024, charging will begin from the date of the Inception Meeting.
Why is there a phased approach to commencing the pre-application charging?
The Planning Inspectorate considers the phased approach to charging is a fair and reasonable approach, given the service is being launched midway through most organisations’ financial year and we have already carried out certain statutory duties on some NSIPs. The EIA Regulation 8 process is being used to differentiate between projects which are more advanced in the pre-application stage, in comparison with those that are less so, in addition to those applicants seeking the enhanced tier for their NSIP.
We don’t wish to pay for the pre-application service/ we don’t want to subscribe to one of the pre-application tiers.
Further to the Action Plan (published by the Department of Levelling Up, Housing and Communities) and the associated consultation response it is a government requirement for the Planning Inspectorate to seek full cost recovery. Every NSIP will receive, at least, the statutory minimum service (i.e. accommodating the Environmental Impact Assessment (EIA) screening and/or scoping process in accordance with Regulation 8 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017). The ‘Basic’ tier is aligned with the provision of our statutory duties at the pre-application stage and the associated cost to fulfil relevant obligations. Therefore, applicants are requested to subscribe to one of the tiers and will be charged accordingly so that the Planning Inspectorate recovers its costs.
We are acting on behalf of various applicants; can we therefore negotiate a lower fee?
No, this does not reflect the intentions of the service model described in the Prospectus.
What happens to the pre-application fees I have paid, if my application is submitted before completion of the pre-application service arrangement?
Any refunds will be made on a whole month basis. Applicants are asked to keep programme information updated to enable us to plan our resources effectively and mitigate any unnecessary cost being incurred which would require the Planning Inspectorate to stand resource down.
Does paying for pre-application advice mean that the Examining Authority will recommend that development consent is granted for my project?
No. The advice given by the Planning Inspectorate at the pre-application stage is not the advice of any future Examining Authority who will examine the application, or Secretary of State making the final decision on whether development consent can be granted for the NSIP. As stated in the Government’s Pre-application Guidance (Planning Act 2008: Pre-application stage for Nationally Significant Infrastructure Projects - GOV.UK (www.gov.uk)) the advice given at the pre-application stage will be given without prejudice and can only be based on the information available at that time, and the Planning Inspectorate will not be able to advise on whether the NSIP is ultimately likely to be granted or refused development consent.
Can the Planning Inspectorate decide to allocate my NSIP to a higher tier (for example Enhanced) when my preference is a lower tier (Standard or Basic)?
No, an NSIP will not be allocated to a higher tier than is requested. The Planning Inspectorate may advise if it feels the NSIP would be better suited to a higher tier but cannot compel an applicant to be allocated to a higher tier service. However, note that the Planning Inspectorate may need to allocate applicants to a lower tier service if demand cannot be met.
I want my NSIP to be fast-tracked, how can I apply for this?
As per the Fast-Track Guidance, a Fast-Track NSIP will need to use the Enhanced tier of service. The detailed requirements associated with the Fast-Track procedure are set out in our Prospectus. However, note that the Planning Inspectorate aims to complete all examinations as efficiently as possible and will do so in less than six months where appropriate.
I want to fast-track my NSIP but I don’t want to follow the enhanced route.
The Planning Inspectorate will complete the examination as efficiently as possible and will do so in less than six months where appropriate. However, as directed in the Fast-Track Guidance, the NSIP will not be eligible for a formal Fast-Track procedure if the Enhanced tier is not used.
What happens if my project changes substantially in the pre-application process?
It is possible to change pre-application service tiers if required. However, the Planning Inspectorate will require three months advanced notice of the desire to change tiers and it cannot guarantee that such requests, particularly to move to a higher tier, will be agreed (considering likely competing demand for service provision).
What level of detail should be provided within the Programme Document?
Essential information for inclusion is set out in pre-app guidance and Prospectus.
Is there a requirement to formally consult other bodies on the Programme Document prior to publication (and subsequent updates)?
Applicants are expected to have regard to the views of affected statutory bodies and local authorities in developing and maintaining the Programme Document. The Programme Document should provide an indication of the ability of those bodies to support the programme proposed by the applicant. This will require interaction between the applicant and the affected bodies, and we would expect the applicant to proactively share the Programme Document with them, but it is not a formal consultation process.
When will I receive feedback on the Programme Document I have provided?
The Planning Inspectorate’s Case Teams are preparing advice on individual Programme Documents, and this will be provided to applicants shortly. In general, most of the Programme Documents received to date lack the detail required in order for the Inspectorate to plan our resources effectively. On this basis, applicants are requested to respond to the advice being prepared by our Case Teams thoroughly and promptly.
Do we need an Adequacy of Consultation Milestone (AoCM)? When should it happen?
It is for the applicant to propose the milestone in the Programme Document, within parameters set out in guidance i.e. no later than 3 months before submission. Guidelines on composition of AoCM statement can be found in both the new guidance and our Prospectus.
How many multiparty meetings (outside of an Evidence Plan process) can an applicant request?
Paragraphs 007 and 011 of the Prospectus have been updated to clarify this matter. The number of multiparty meetings available for applicants to request is included in the total number of meetings per annum applicants are entitled to in each tier. For example, an applicant that has subscribed to the standard tier service is entitled to up to six meetings with the Inspectorate per annum. These six meetings can comprise a mix of project update, topic-based and multiparty meetings (if agreed with the Inspectorate and other participants requested to attend).
Which statutory bodies do I need to share my issues tracker with?
The Planning Inspectorate would expect the applicant to share its issues tracker with any statutory bodies that are affected, either directly or indirectly, by any of the issues recorded in the tracker. This is a subjective decision for the applicant to take, having regard to any associated advice provide by the Inspectorate. Applicants are not required by default to share their issues tracker with all of the statutory bodies listed in Schedule 1 to The Infrastructure Planning (Applications: Prescribed Form and Procedures) Regulations 2009.
Why is the Prospectus not presented in a brochure format, with tables, diagrams and photographs?
This is due to the requirements on the Planning Inspectorate, as a public body, to ensure the content of the website and any information, is accessible. The Planning Inspectorate must comply with the requirements in ‘The Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018’. For more information please visit: Understanding accessibility requirements for public sector bodies - GOV.UK (www.gov.uk)
We typically only get to provide insight on the services provided by the Inspectorate at the end of the process. Will there be opportunity to provide more timely feedback on the pre-application service at earlier opportunities in future?
Yes, we consider this to be important in the delivery of the new service and applicants can expect to be asked for their feedback on pre-application services much earlier than at present. Further detail will be provided shortly on this.
How many multiparty meetings (outside of an Evidence Plan process) can an applicant request?
Paragraphs 007 and 011 of the Prospectus were updated in September 2024 to clarify this matter. The number of multiparty meetings available for applicants to request is included in the total number of meetings per annum applicants are entitled to in each tier. For example, an applicant that has subscribed to the standard tier service is entitled to up to six meetings with the Inspectorate per annum. These six meetings can comprise a mix of project update, topic-based and multiparty meetings (if agreed with the Inspectorate and other participants requested to attend).
Updates to this page
Last updated 10 October 2024 + show all updates
-
Updated to remove references to the Expression of Interest process which has now expired. This page will continue to be updated as new FAQs arise during the implementation of our new pre-application services.
-
New question - 28. How many multiparty meetings (outside of an Evidence Plan process) can an applicant request?
-
Welsh translation added
-
Added translation