Guidance

Nationally Significant Infrastructure Projects: Advice for Local Authorities

This advice is intended to provide advice to local authorities about their role in the Nationally Significant Infrastructure Project (NSIP) process.

From:
Planning Inspectorate
Published
8 August 2024

Applies to England and Wales

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 Inspectorate’s advice about running the infrastructure planning system 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.

The role of local authorities in the Nationally Significant Infrastructure Project process

A proposed NSIP is a major development in the local area. Local authorities have an important role to play in the process:

  • providing the applicant with a local perspective on the proposed project
  • if consent is granted, they may need to monitor and enforce some parts of the Development Consent Order (DCO)
  • if consent is granted they may be the authority to discharge certain requirements (like conditions attached to a planning permission), or they may act as a consultee for a requirement.

Whilst the relevant Secretary of State will decide if development consent should be granted for a NSIP application it is in the local authority’s interests to:

  • proactively engage with the applicant on their proposed scheme, particularly during the pre-application stage
  • take part in all the stages of the NSIP process

An overview of the process for NSIPs and a description of the people and organisations involved, including local authorities, is provided in the Planning Inspectorate’s Advice for members of the public - Nationally Significant Infrastructure Projects and the people and organisations involved in the process. Further information on the process is provided in the government’s National Infrastructure Planning Guidance.

The Planning Advisory Service (PAS) facilitates a local authority support network. PAS has developed examples of good practice. The Planning Inspectorate can put local authorities in contact with others so that they can learn about planning, resourcing, and engaging with the NSIP process.

Relevant local authorities must be consulted about a NSIP application as a statutory consultee. Section 43 of the Planning Act describes which local authorities are relevant based on the area of land included in the application. Relevant local authorities will be either host or neighbouring authorities:

  • Host local authorities – these are either unitary, lower-tier district or upper-tier county councils where the land included in the application falls within their administrative boundary (this can include London borough councils, Council of the Isles of Scilly, National Park authorities and Broads Authorities)
  • Neighbouring authorities – these are unitary, lower-tier district or upper-tier county councils that share a boundary with a host local authority.

Delegations and resourcing

The local authority should set up clear delegations early in the pre-application stage of the process. At the pre-application and acceptance stages there are different activities that are likely to need approval under the local authority’s internal governance arrangements, often within tight timescales, such as:

At the pre-examination and examination stages there are activities that are also likely to need approval, such as:

During the pre-examination and examination stages any submissions received after a deadline may not be considered by the Examining Authority. There is unlikely to be time to seek committee approval for submissions during the examination stage.

It is important therefore that local authorities consider the level of approval required for these activities. They should arrange agreed powers at Cabinet as early as possible during the pre-application stage to enable officers to respond quickly and effectively.

The local authority should also consider their resource availability throughout the stages of the NSIP process, including cover for staff leave. They should consider what support they may need from other departments, such as legal, environmental and transport specialists, data analysts and finance.

The local authority’s role in the Environmental Impact Assessment process

Environmental Impact Assessment (EIA) Scoping Opinion

The applicant may ask the Planning Inspectorate (who will act on behalf of the Secretary of State) for a formal written opinion about the information they should include in their Environmental Statement. This is known as a scoping opinion.

The applicant will send a scoping report to the Planning Inspectorate (known as the scoping request) which will be published on the project information page of the Find a National Infrastructure Project website. The Planning Inspectorate must adopt a scoping opinion within 42 days of receiving the scoping request.

The Planning Inspectorate will consult both host and neighbouring local authorities about the scoping report. Local authorities are asked to respond within 28 days to allow the Planning Inspectorate time to consider the responses before adopting the scoping opinion. Local authorities may need to consult other internal departments and specialists for advice on what to include in their consultation response. The response should be agreed at the appropriate level, such as the council’s senior officer or project leader, in accordance with the agreed delegation arrangements. See Delegations and resourcing.

See the Planning Inspectorate’s advice on environmental matters for further information about EIA development and the duties of the local authority.

The applicant’s preparation of their Environmental Statement

If the proposed project is EIA development the applicant must include an Environmental Statement when it submits its NSIP application.

Regulation 11 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 describes the process which consultation bodies, including local authorities, must follow to engage with the applicant when they are preparing their Environmental Statement. If the applicant makes a request to the local authority for information which they consider relevant for preparing their Environmental Statement, the local authority must discuss this with them. If the local authority holds the relevant information it must provide it to the applicant (unless it is exempted under the Environmental Information Regulations 2004).

The Planning Act includes statutory provisions and deadlines which local authorities will need to be aware of. Local authorities will also need to consider the National Policy Statements and relevant government guidance.

Nationally Significant Infrastructure Projects in Wales

In Wales a DCO is needed for certain energy generating projects, pipelines, underground gas storage facilities, electric lines above ground and harbour facilities. Section 115 of the Planning Act provides a definition of ‘associated development’ for NSIPs in Wales that can be consented in a DCO:

Other types of development associated with the NSIP but not included in the Planning Act cannot be consented within the DCO and will need separate permission or consent.  

The applicant and the relevant local authorities should discuss any development that is associated with the project at an early stage. They should identify any development that will need Town and Country Planning Act 1990 (TCPA) planning permission and, or another type of consent.  

The applicant is advised to obtain the following before submitting the application for development consent:

  • agreements for any land required for associated development
  • planning permission and, or any other consent.

This will avoid the risk of obtaining consent for a project that cannot be implemented. Therefore, the local authority and the applicant will need to work together to co-ordinate the submission of any application for permission and, or consent for associated development. This may include providing relevant pre-application advice. The applicant should keep the Planning Inspectorate updated about progress on applications for associated development.

If the project is EIA development and involves both DCO and TCPA applications, the applicant can prepare a single Environmental Statement. However, this should clearly identify which environmental information relates to which application. The Environmental Statement will also need to consider the cumulative effects of each part of the development and associated development.

The stages of the Nationally Significant Infrastructure Project process and how local authorities can take part

There are 6 stages to the Nationally Significant Infrastructure Project (NSIP) process. Further information about each stage of the process is provided in the Planning Inspectorate’s Advice for members of the public – The stages of the NSIP process and how you can have your say.

Following an operational review of the NSIP system the government published a reform Action Plan. The government then consulted on the operational changes proposed in the Action Plan and published a response to the consultation in March 2024. To support the reforms legislation has been amended and the government has published new and updated guidance. The Planning Inspectorate has developed a new pre-application service to support the government’s reforms which introduces:

  • 3 pre-application service tiers offering different levels of support to the applicant
  • a Fast Track procedure which will be available for certain projects
  • charges for the pre-application services that the Planning Inspectorate provides to applicants.

If the Examining Authority confirms the Planning Inspectorate’s provisional decision that an NSIP application is suitable for the Fast Track procedure this will affect the timing of the stages of the NSIP process and some of the activities during the stages.

Local authorities should note that the pre-application stage will include new roles for relevant local authorities such as:

See the Planning Inspectorate’s Pre-application Prospectus  the government’s guidance on the Pre-examination stage and Fast-track process for further information.

Summary of how local authorities can take part at each stage

Stage Actions
Pre-application Engage with the applicant early in the process to understand the project, contribute to the preparation of their programme document and respond to any non-statutory consultation undertaken by them
  Agree the terms of any Planning Performance Agreement (PPA) with the applicant
  Arrange relevant delegations for internal approvals. Consider resourcing and the need for support from other departments
  Make arrangements for joint working with other local authorities as necessary
  Maintain a Principal Areas of Disagreement Summary Statement (PADSS)
  Engage with the applicant on the preparation of a Statement of Common Ground (SOCG)
  Respond to the Planning Inspectorate’s request for comments on the scope of the EIA. Engage with the applicant on the preparation of their Environmental Statement
  Consider the applicant’s draft Development Consent Order (DCO), including requirements
  Consider the content of any relevant control documents, such as draft Environmental Management Plans
  Explore options for mitigation. Where relevant, discuss any DCO obligations with the applicant
  Respond to the applicant’s request for information about any land interests the local authority has that may be affected by any request for compulsory acquisition included in their application
  Respond within 28 days of the applicant’s request for comments on their draft Statement of Community Consultation (SOCC)
  Respond to the applicant’s statutory consultation within the deadline given by the applicant for comments
  Provide views and any supporting material to the applicant in relation to the ‘Adequacy of consultation milestone’ process
  Begin to develop the content of their local impact report (LIR)
   
Acceptance Respond within 14 days of the Planning Inspectorate’s request for comments on the adequacy of the applicant’s consultation
  Continue to maintain a PADSS as necessary
  Continue to engage and negotiate with the applicant, for example on a SOCG or any DCO obligations
  Continue considering the content of their LIR
   
Pre-examination Submit a relevant representation to the Planning Inspectorate by the deadline given
  Respond to the Examining Authority’s invitation to the preliminary meeting (Rule 6 notice) within the deadline given and make arrangements to attend as necessary
  Respond as necessary to any procedural decisions made by the Examining Authority, such as providing any further information requested or confirming attendance at any early hearings
  Consider the draft examination timetable provided by the Examining Authority and provide comments if requested
  Arrange any necessary support for the examination stage, such as legal support and any environmental or other specialist support
  Continue to maintain a PADSS as necessary
  Continue to engage and negotiate with the applicant, for example on a SOCG or any DCO obligations
  Begin to prepare their LIR
  Begin to prepare a written representation
   
Examination Submit the following by the deadline given in the examination timetable:
  · LIR
  · written representation
  · answers to the Examining Authority’s written questions
  · comments on the applicant’s draft DCO
  · comments on representation or submissions made by other parties, including the applicant
  Respond as necessary to any procedural decisions made by the Examining Authority, including any requests for further information
  Respond to the Examining Authority’s notification of any hearings or accompanied site inspections within the deadline given and make arrangements to attend as necessary
  Continue to engage and negotiate with the applicant, for example on a SOCG or any DCO obligations
   
Recommendation and Decision At this stage the local authority can respond as necessary to any consultations issued by the Secretary of State
   
Post Decision (When development consent is granted) Carry out actions as required in relation to discharging the requirements of the DCO
  Monitor the works as required by the DCO
  Carry out enforcement actions as necessary
  Respond to any notifications of a material or non-material change to the DCO
  Store and enable access to any certified materials as part of the DCO

Pre-application stage

This pre-application stage is where the local authority can influence the applicant’s preparation of their NSIP application. The applicant should inform the relevant local authorities about their proposed project at the beginning of the pre-application stage, before their inception meeting with the Planning Inspectorate and their scoping request or notification. Design and construction elements of the proposed development are not yet fixed at this stage, giving the local authority the opportunity to use their local knowledge to work with the applicant to shape their proposals and address concerns.

Local authorities can:

  • find out more about the project from the applicant to understand the likely impacts on their local communities
  • begin to consider any mitigation needed to reduce or resolve the impacts that may be caused by the construction, operation and decommissioning of the development
  • review the content of the draft DCO (including requirements) and any relevant control documents, such as draft Environmental Management Plans
  • begin to develop the content of their local impact report (LIR). See the local impact report section of this advice for important details about the content of the LIR and when it should be submitted
  • provide the applicant with information to help inform their consultation by responding to the applicant’s request for comments on their statement of community consultation (SOCC)

Engaging with the applicant and advice from the Planning Inspectorate

The applicant should engage local authorities in the early stages of preparing their application and programme document. The local authority should participate in the applicant’s engagement activities, such as taking part in topic based working groups or technical briefings. The applicant should be aware however that this is not a statutory requirement for the local authority. The local authority should engage with the applicant even if they disagree with the project in principle. Early engagement with the applicant will not undermine any objections or submissions they may make during the next stages of the NSIP process.

Local authorities should be aware that after the application has been submitted to the Planning Inspectorate it is difficult for fundamental changes to be made to the project.

The Planning Inspectorate can give advice to local authorities and others about the NSIP process, known as ‘section 51 advice’, which is published on the Find a National Infrastructure Project website. If the Planning Inspectorate considers it necessary, and subject to the tier of pre-application service the applicant is using, it can facilitate a multiparty meeting between the applicant and the local authority (and others if necessary) to help progress discussions.

Local authorities will find it helpful to review the Planning Inspectorate’s Pre-application Prospectus. This explains the levels of advice which the Planning Inspectorate can provide to applicants along with the purpose and expectations of the pre-application stage.

Local authorities should also refer to the government’s guidance on the Pre-examination stage and Fast-track process.

Planning Performance Agreements

The applicant and the local authority can negotiate a Planning Performance Agreement (PPA).

A PPA may be structured to include joint working arrangements with other local authorities. The Planning Inspectorate supports the use of PPAs. However, as the PPA is a legal agreement between the applicant and the local authority the Planning Inspectorate will not get involved in negotiations about it.

The government intends to publish guidance setting out the principles for PPAs, which are specific to individual projects, in the second half of 2024.

Non-statutory consultation

It is the applicant’s responsibility to carry out wide-ranging consultation before they submit their NSIP application to the Planning Inspectorate. Members of the local community will be able to engage with the applicant and submit comments directly to them. The local authority should not carry out their own consultation about the NSIP to avoid confusion about where feedback should be sent.

Supplementary Planning Documents and National Policy Statements

For very large NSIPs that are likely to have significant impacts, some local authorities have prepared a Supplementary Planning Document (SPD). SPDs and Area Action Plans will be replaced in 2024 by Supplementary Documents (SD) under provisions in the Levelling Up and Regeneration Act 2023. It is for a local authority to decide whether this would be a good use of their resources. The local authority should note that relevant designated NPSs will take precedence over any local planning document.

The local authority should engage with the applicant early in the preparation of any emerging SPD. The purpose of the applicant’s pre-application consultation is to get feedback on the proposed application so that it can be refined and amended. For example, the consultation information may include options for locating associated development. After the applicant has considered the consultation responses, they can refine the options. The local authority should not undermine the purpose of consultation by being too prescriptive in any emerging local planning policy, for example by limiting the choice of locations for associated development.

Joint working with other local authorities

The local authority may benefit from working with other host and neighbouring local authorities during the pre-application and examination stages of the application. Early discussions with other local authorities may involve considering how shared areas of interest and concern can be highlighted in:

  • adequacy of consultation milestone responses
  • principal areas of disagreement summary statements
  • adequacy of consultation representations
  • relevant representations
  • local impact reports
  • statements of common ground
  • written representations
  • joint representation at NSIP hearings, or other NSIP events

Local authorities may decide to make joint submissions where there is agreement on issues. Where an individual local authority wishes to highlight matters that are site specific or relate to issues they want to highlight separately, this can be done alongside any joint submission.

Submissions should clearly identify who they are made on behalf of.

Pre-application Principal Areas of Disagreement Summary Statements (PADSS)

The Planning Inspectorate’s pre-application prospectus explains that the applicant can initiate pre-application PADSS with relevant consultees, including affected local authorities, at the start of the pre-application stage. PADSS are essential for Fast Track procedure applications. Pre-application PADSS are owned and authored by the relevant consultees and are complimentary to the development of Statements of Common Ground (SOCG).

The Planning Inspectorate’s Pre-application Prospectus the government’s guidance on the Pre-examination stage and Fast-track process provide further information about PADSS.

Statements of Common Ground (SOCG)

SOCG, including drafts, are useful information for the Examining Authority. They help them understand if matters are agreed, not agreed, or still being negotiated. The PADSS can help the local authority and the applicant to prepare a SOCG.

The applicant should begin drafting a SOCG with the local authority early in the process. Local authorities should work with the applicant to progress the SOCG as far as possible before the application is submitted. The applicant should submit an up-to-date draft of any SOCG with the application information. A final SOCG, signed by both parties, should be submitted by the applicant before the close of the examination.

Both the applicant and the local authority should continue discussions about any draft SOCG throughout the pre-examination and examination stages. The Examining Authority may still wish to ask questions about any matters agreed in a SOCG during the examination. This is because other interested parties may object to the position set out in the SOCG. Also, the Examining Authority may wish to test the basis for agreement on certain issues.

The Development Consent Order (DCO)

The local authority should consider the applicant’s draft DCO and the powers and provisions in the proposed articles, and the Explanatory Memorandum that accompanies the DCO. They should refer to the government’s guidance on the Content of a Development Consent Order for further information about the components of the DCO, including protective provisions and requirements.

The draft DCO will be in the form of a Statutory Instrument (SI) (see section 117 of the Planning Act). The local authority should ensure they have appropriate resources and support to consider this draft statutory instrument. Local authorities should also ensure that they are represented at any DCO issue specific hearing.

The local authority may wish to consider:

  • DCO Articles – what are the implications of the proposed development on the local area?
  • Provisions in the DCO setting out the procedure for the discharge of requirements - are any applicable fees appropriate?

  • DCO Requirements – Requirements are similar to conditions attached to a planning permission. The local authority will have a role in discharging requirements if development consent is granted and they are the discharging authority. They may also have a role as a consultee about a requirement. They may have to discharge transport, rights of way and archaeology requirements for example, or matters reserved at a district level. Are the requirements:

    • precise?
    • enforceable?
    • necessary?
    • relevant?
  • Control and mitigation frameworks – is the information cross referenced in the draft DCO and are they robust? Do they secure the mitigation proposed?
  • Protective provisions – if the local authority is the Highways Authority should they seek protective provisions?
  • Compulsory acquisition and temporary possession – if the local authority has an interest in land that could be affected by the project they should consider the compulsory acquisition and temporary possession provisions

If the local authority considers that the draft DCO (including requirements) should be amended, or if they want to suggest new content, they should provide the Examining Authority with alternative or new wording. It is helpful if the local authority also indicates what the knock-on effects are for any changed wording. For example, if additional wording needs to be cross-referenced or if numbering needs to be adjusted.

Mitigation

The applicant should consider any mitigation which could reduce the impact of the project which have been suggested by the local authority at the pre-application stage.

The local authority should consider the mitigation frameworks included with the non-statutory or statutory consultation and whether any further mitigation elements should be prepared. Mitigation frameworks could include:

  • a code of construction practice
  • environmental management plans
  • an air quality strategy

The local authority can also identify where the project could support its strategic objectives and discuss this with the applicant, for example on skills and economic policies. The applicant can consider if suggestions provided can be included in their application or if there is another way these can be taken forward, such as with a development consent obligation.

Local authorities may wish to consider securing any mitigation through a legally binding agreement. This may be the DCO itself or a planning obligation. Section 174 of the Planning Act explains how section 106 of the TCPA has been amended in relation to planning obligations entered into in connection with an application for development consent. These are known as ‘development consent obligations’ (DCO obligations). The applicant and the local authority may consider that a DCO obligation is a suitable method to provide mitigation for some of the project’s impacts, subject to the relevant tests for when an obligation can be used.

Early preparation of a DCO obligation is essential if the local authority and the applicant want the Examining Authority to consider the matters agreed when making their recommendation to the Secretary of State. This is because any DCO obligation must be signed by all parties before the close of the examination for it to be considered. The applicant can submit a unilateral undertaking if they have not been able to agree a DCO obligation. A signed DCO obligation cannot be amended by the Secretary of State.

The applicant should provide the local authority with draft heads of terms during the pre-application stage, clearly setting out the obligations they are willing to be bound by. The local authority should respond promptly and continue discussions about DCO obligations throughout the pre-application, pre-examination and examination stages as necessary.

Local authority land interests and compulsory acquisition

The local authority may own or have an interest in land that could be affected by the project. The application may include a request to acquire this land either compulsorily or temporarily. The applicant will gather information about who has an interest in the land during the pre-application stage. The applicant will use the contact information they are given by the Land Registry to find out what land interests the local authority has. They may contact a different department to the one that is dealing with the application for development consent. The local authority may wish to give the applicant details of a single point of contact for all correspondence relating to the project.

Where the local authority has views about the applicant’s proposed compulsory acquisition powers relating to their land interests they should include these in their relevant representation, and written representation if necessary.

The Statement of Community Consultation (SOCC)

Before an applicant begins their public consultation about a project they must consult host local authorities about how they intend to carry out the consultation. The applicant must prepare a draft SOCC which gives information about the applicant’s communication strategy.

The applicant should discuss their consultation plans with the local authority when preparing their draft SOCC and before they consult the local authority under section 47 of the Planning Act. The local authority should discuss the consultation and the duration of consultation with the applicant.

The host local authorities should respond to the applicant’s consultation on the SOCC within 28 days of receiving it. The applicant must consider the responses it receives. The applicant is not required to act on the responses, but they must do what they say they will do in the SOCC. The applicant must publish an advert in a local newspaper that explains where the SOCC can be viewed.

The Planning Inspectorate will ask the local authority for their views on the applicant’s consultation when it receives the application. Relevant local authorities should monitor the statutory consultation against the SOCC and this will inform their adequacy of consultation milestone response and their adequacy of consultation representation.

The applicant should include any correspondence with the local authorities about the SOCC with their consultation report when the application is submitted. See the Planning Inspectorate’s Advice for applicants - The consultation report.

Methods of consultation

The applicant should consider the most appropriate methods for consulting often diverse communities with varying needs. The local authority should use their local knowledge of the area to consider the characteristics of the communities that may be affected by the project and how those communities can engage with the consultation. For example:

  • Internet speeds – will this have an impact on how the local community can look at online information and respond to the applicant?
  • Geographical spread of the project – what locations should the applicant consider when arranging physical consultation meetings or events? Will the availability of public transport impact the choice of locations?
  • The nature of the community – are there any groups that the local authority finds hard to reach, seldom heard groups or groups that may need to engage in a different way? For example, those who may be digitally disadvantaged. Are there any parts of the community which may be disproportionately affected by the project such as retired people, school children, tourists, or commuters?

The local authority may wish to ask town, parish or community councils for their comments about the methods the applicant could use to consult the local community.

The local authority may have an adopted Statement of Community Involvement (or for Welsh local authorities a Community Involvement Scheme). They should consider how this can be used or adapted to advise the applicant about how the local community should be consulted.

Duration of consultation

The local authority should be aware that the amount of detail available about a project will increase as the applicant prepares and refines their application. The applicant should consult the local authority on the timeframe to fully consult the local community and the number of consultation stages needed. A multi-stage consultation may allow the applicant to resolve any issues with the consultation that may arise. The local authority and the local community should be clear on the applicant’s commitment in their SOCC.

If there is a delay to the start of consultation, or between the stages of consultation after the SOCC has been published, the local authority should review it. This is because:

  • the scale or nature of the project may have changed. This could be as a result of responses to an earlier stage of consultation
  • there may be a change in the communities that may be affected by the project
  • economic indicators may be different
  • other matters may have arisen or changed that could impact the methods or duration of the consultation

The applicant does not have to review the SOCC if they intend to include an additional consultation event or another stage of consultation. However, they should inform the local authority of any changes and consider any amendments suggested.

Statutory Consultation

Statutory consultation is usually carried out nearer to the time the application will be submitted. The local authority should already be familiar with the information that the applicant provides for consultation (subject to any changes made following earlier non-statutory consultation).

The local authority should review the consultation information and send their comments to the applicant by the deadline given. The applicant can still amend the project based on any consultation feedback.

Adequacy of consultation milestone (AOCM)

The applicant will include an AOCM in their pre-application programme established in the programme document. They will submit a written statement describing the consultation undertaken up to that point, confirming the approaches set out in the SOCC and summarising the consultation responses and the way in which they are shaping the application. The written statement should include the views of, and any relevant supporting material from, the local authority if available.

See the government’s guidance on the Pre-application stage and the Planning Inspectorate’s Pre-application Prospectus for further information about the local authorities role in the AOCM.

The Planning Inspectorate – keeping in contact

The applicant should keep the Planning Inspectorate informed about the date they intend to submit their application. The Planning Inspectorate will aim to contact the local authority about a month before that date to:

  • ask them to confirm the local authority’s contact details
  • advise them that the Planning Inspectorate will request their comments on the applicant’s pre-application consultation within 14 days of the application being submitted

Acceptance stage

Once the applicant has submitted their NSIP application, the Planning Inspectorate has up to 28 days to decide whether the application meets the standard required to be accepted. 

The Planning Inspectorate will publish the application documents on the project information page of the Find a National Infrastructure Project website as soon as practicable after submission. The local authority should begin their review of the application documents as soon as they become available.

The local authority should continue to engage with the applicant and maintain the PADSS. They can continue to negotiate a SOCG or any DCO obligation.

Local authorities should continue considering the content of their local impact report.

Adequacy of consultation representation

Applicants submit a consultation report with their NSIP application. The Planning Inspectorate reviews the consultation report to ensure the applicant has complied with the legislation. Host and neighbouring local authorities are invited to complete an ‘adequacy of consultation representation proforma’. Local authorities are asked to confirm whether they consider the applicant complied with their pre-application consultation duties as set out in sections 42, 47 and 48 of The Planning Act. This can be supported by additional comments, if necessary. Any comment should be about the pre-application consultation only and not about the project itself.

Section 55(4)(b) of the Planning Act explains that the Planning Inspectorate must have regard to any adequacy of consultation representation it receives from a local authority. Therefore, local authorities are requested to submit the proforma within 14 days of receipt. This will allow time for the Planning Inspectorate to consider the representation before deciding if the application meets the required standard.

If members of the public have concerns about the way the applicant is carrying out their pre-application consultation, they are advised to contact the applicant. However, if they still have concerns, they are advised to contact the local authority (and include them in their relevant representation if necessary). The local authority may wish to include any concerns which have been raised by members of the public in their representation.

Pre-examination stage

The applicant must issue a notice confirming that their NSIP application has been accepted in accordance with regulation 9 of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009. The notice must include details of how people and organisations can submit a relevant representation to the Planning Inspectorate, including the deadline for this to be received.

Information about completing the registration form and making a relevant representation is provided in the Planning Inspectorate’s Advice for members of the public.

The local authority should continue to engage with the applicant. The applicant and the local authority should seek to reach agreement on as many issues as possible before the start of the examination. This includes discussions about any PADSS, SOCG and DCO requirements and obligations.

The local authority should continue to arrange any necessary support for the examination stage, and make sure that the appropriate delegations are in place. The local authority should finalise any joint working arrangements with other local authorities.

The local authority should begin to prepare their LIR. Early preparation of this important technical document will help to ensure that it includes a comprehensive, evidence-based assessment of the local impacts of the project. See the local impact report section (LIR) of this advice for important details about the content of the LIR and when it should be submitted.

Host and neighbouring local authorities may also wish to consider preparing a written representation. This should not repeat what has been included in other submissions such as the relevant representation or LIR. Local authorities may decide not to send a written representation. However, the written representation is an opportunity to provide further details on evidence that may not have been available before, or to expand on any issues already raised.

Relevant representations

Local authorities should submit a full and detailed relevant representation on the planning merits of the proposed development. They should set out where they support or do not support the application and what they consider the issues and effects to be. See paragraphs 003 to 008 of the government’s guidance on the Pre-examination stage for information about the importance of relevant representations, the changes to the definition of a relevant representation to support the government’s reforms of the NSIP process and the content of relevant representations.

Local authorities should begin to compile their relevant representation during the pre-application stage. See Delegations and resourcing. The Examining Authority will consider these when they make their initial assessment of the principal issues arising from the application (IAPI). See paragraph 013 of the government’s guidance on the Pre-examination stage for more information about the IAPI.

The relevant representation should include details of what the local authority has agreed with the applicant and what areas of disagreement remain. It can cross refer to the PADSS as necessary. It should include details of any mitigation the local authority considers appropriate. The relevant representation should be supported by any relevant documents and evidence, for example the data and methodologies used.

If the local authority has land interests that may be affected by the applicant’s proposed compulsory acquisition powers, they should include any objections to or views on this in their relevant representation.

The local authority should read the Planning Inspectorate’s Advice for members of the public - Guidance for submitting representations or comments.

Whilst host local authorities are automatically interested parties, they should still register to have their say and submit a relevant representation.

Whilst neighbouring local authorities can notify the Examining Authority in the early stages of the examination that they wish to be an interested party, the examination will be more focussed and efficient if the Examining Authority can consider the issues raised in relevant representations during the pre-examination stage.

The preliminary meeting

After the Examining Authority has made their IAPI, they will prepare a draft timetable for the examination. They will then make arrangements for a preliminary meeting to discuss how the application should be examined. This is a procedural meeting and the merits of the project will not be discussed.

The Examining authority will notify all interested parties of the date, time and place of the preliminary meeting. This is known as the Rule 6 notice, and it will include:

  • the draft examination timetable
  • the agenda for the preliminary meeting
  • any other procedural decisions the Examining Authority may have made

The Rule 6 notice may also include the IAPI.

The Examining Authority may invite people and organisations, including local authorities, to provide written comments before the preliminary meeting about how the application should be examined, and these may form the basis for some of the discussions at the preliminary meeting.

Further information about the preliminary meeting, including how to register attendance with the Planning Inspectorate and what to expect at the event is provided in the Planning Inspectorate’s Advice for members of the public.

The local authority should register to attend the preliminary meeting so that they can respond to any matters the Examining Authority may wish to raise with them. This may include issues raised by the applicant and other interested parties. They should consider who will speak on behalf of the local authority. The local authority should make sure that the relevant members of their team are available.

The draft examination timetable

Local authorities should carefully consider the draft examination timetable. If it presents difficulties the local authority should make these known to the Examining Authority. See Delegations and resourcing. The local authority should consider:

  • their staff resources and availability to attend hearings and any accompanied site inspection
  • which deadlines will need more intensive resourcing, for example the deadline for submitting the LIR
  • are there any local elections that the Examining Authority will need to be aware of? What impact will the pre-election period have?
  • are there any major local events that could impact the timetable?

Local authorities should note however that during a 6 month examination (or 4 month examination for Fast Track applications) the timetable is likely to include deadlines and events during school holiday periods.

The Examining Authority will consider all the matters raised and will issue a final examination timetable shortly after the preliminary meeting has closed. It is possible that the examination timetable may be amended during the examination stage to include new deadlines and event dates. Local authorities should therefore have staff resourcing contingency plans in place, for example to provide cover for staff leave.

The local authority should respond to any other procedural decisions included in the Rule 6 notice. They should, for example, register their attendance at any early hearing and provide any further information the Examining Authority may have requested.

Examination stage

The examination is mostly a written process (see section 90 of the Planning Act). Interested parties will be able to have their say at hearings but this will generally be to add to the comments already made in writing.

The Examining Authority will notify all interested parties of the examination timetable shortly after the close of the preliminary meeting. This is known as the Rule 8 notice. The local authority should be prepared to:

  • submit their LIR early in the examination
  • submit their written representation (if necessary)
  • answer the Examining Authority’s written questions or requests for further information
  • comment on the applicant’s draft DCO
  • comment on representations or submissions made by other parties, including the applicant
  • attend hearings, particularly where the Examining Authority has requested their attendance
  • attend any accompanied site inspections
  • agree a SOCG, if appropriate
  • sign DCO obligations, if appropriate

The local impact report (LIR)

During the examination stage, host and neighbouring local authorities are invited to submit a LIR. If appropriate, local authorities may consider submitting a joint LIR to set out the assessment and views of all participating councils. A joint LIR may take a strategic scale approach to issues over different council boundaries for linear schemes and may reduce duplication. A joint LIR should clearly distinguish between shared impacts and impacts that are site specific or only relevant to an individual local authority.

The report should give details of the likely impact of a project on the local authority’s area. Sections 104(2)(b) and 105(2)(a) of the Planning Act explains that the Examining Authority and the Secretary of State must have regard to any LIR submitted when deciding the application. Therefore, local authorities should not underestimate the importance of the report.

The report should cover any topic the local authority consider is relevant to the impact of the project on their area and the local communities affected. See content of the local impact report.

The purpose of the LIR is to make the Examining Authority aware of the potential impacts of the project based on local knowledge. It is a technical evidence-based assessment of all the impacts. The LIR is therefore not the document where the local authority should set out its objections or support for the application (see relevant representations).

Local authorities should begin to evaluate the local impacts of the project early in the pre-application stage. This can be used to inform the local authority’s responses to the applicant’s consultation. The local authority should begin to develop the LIR as soon as practicable after the applicant has contacted them about the proposed scheme in the pre-application stage.

Content of the local impact report

The content of the LIR is a matter for the local authority. The Examining Authority will be assisted by the submission of a LIR that clearly sets out and evaluates the impacts in a structured manner. The local authority should avoid duplicating evidence that has already been submitted to the Examining Authority. The LIR can cross refer to any agreed or draft SOCG with the applicant and any signed or draft DCO obligations.

The local authority may have received representations about the impact of the project from town, parish or community councils, organisations, or members of the public during the pre-application stage. The LIR could include references to these representations. However, this should only be where they are relevant to impacts which the local authority wants to highlight. Local authorities should encourage those who have submitted the representations to submit a relevant representation to the Planning Inspectorate and register as an interested party so that their comments can be considered by the Examining Authority.

The local authority is not required to carry out their own consultation about the LIR. The LIR does not need to be written in the form of a committee report.

NPSs may be helpful to local authorities in preparing their LIR as a guide to matters of local impact likely to be relevant to the determination of an application. There is no need for the LIR to replicate any assessment of the site that has already been produced, such as those sites included in any NPS. However, where a NPS is locationally specific the LIR could assess local impacts not captured in the NPS process.

The LIR should include a statement of positive, neutral and negative local impacts. However, it does not need to include a balancing exercise between positive and negative. The Examining Authority will carry out a balancing exercise of relevant impacts, including local impacts specifically reported in the LIR.

The Planning Inspectorate encourages local authorities to consider including the following. This list is not exhaustive or prescriptive:

Topics: Comment:
A description of the location of the site and the surroundings. Details of the project. This can be brief and cross refer to the applicant’s description of the project where relevant
Details of the characteristics of the local area, such as urban and landscape qualities and nature conservation sites This should include any designated sites. There is no need for the LIR to replicate the EIA
Any constraints relevant to the site and area  
Local transport patterns and issues  
Any local evidence of flooding  
Locations of, and impacts on, sensitive receptors This should include an explanation of how those impacts have been considered
Details of the impact of the project on the local area, including social, environmental, transport / highways, heritage and economic matters and their relative importance This should include any impacts relating to employment and local services
Any relevant planning history and issues arising, including any relevant development proposals under consideration or granted permission, but not commenced or completed This should include details of any likely cumulative effects
An appraisal of the project’s compliance with all relevant local planning policy and guidance There is no need to undertake an assessment of compliance with an NPS. This assessment will be carried out by the Examining Authority
Consideration of the draft DCO, articles and requirements and their impact on the local authority’s area These should be identified and mentioned specifically. Where the local authority considers that new or amended DCO articles or requirements are needed, they should include proposed wording.
Consideration of the adequacy of the measures contained within the applicant’s control documents, such as the Environmental Management Plans  
Relevant development plan policies, supplementary planning documents, development briefs or approved masterplans and an appraisal of their relationship and relevance to the proposed development  
Consideration of any DCO obligations and their impact on the local authority’s area This should include evidence about impacts and how mitigation is appropriate

Written Representation

The local authority may wish to submit a written representation to clarify their views on the application that were included in their relevant representation. The written representation should be supported by any data, methodology and assumptions.

If they decide to submit a written representation then the local authority should not duplicate information that has been submitted elsewhere, in the LIR or relevant representation for example. It is helpful if the written representation can cross reference application information, the LIR, the SOCG, the PADSS and other relevant submissions. The written representation should be concise and avoid repetition.

If there is a change in the local authority’s views on the application, for example there is a change in the policy position or in political leadership, then this is the opportunity to provide further representations.

Where negotiations about the proposed compulsory acquisition of any land interests have been progressed, an update should be provided in the written representation. There is also an opportunity to provide further representations at hearings.

The Examining Authority’s written questions or requests for information

During the examination stage the Examining Authority may ask questions in writing or request information from the local authority. The questions can be about anything contained in the application information or other submissions such as relevant representations.

The Examining Authority may issue a set of written questions with the Rule 8 notice. Alternatively, the examination timetable will include a date when written questions will be published on the project information page of the Find a National Infrastructure Project website.

The Examining Authority may also issue a list of draft written questions with the Rule 6 notice to allow all parties an opportunity to begin to prepare their responses. The draft list of questions may not include all the questions that will be in the final version and some questions may be changed or updated. The final version will permanently replace the draft list and the local authority should only respond to the final version of the questions.

There may be more than one set of questions issued and the examination timetable will include dates for these. The examination timetable will also include a deadline for responding to the written questions and for comments on the answers provided by other interested parties.

The local authority should consider any question that is addressed to them and answer as fully as possible. They should also review the other questions addressed to the applicant and other interested parties. They should consider if they are able to provide the Examining Authority with useful information in answer to a question addressed to another party. Alternatively, the local authority may choose to comment on the answers provided by the applicant or other interested party at the appropriate time.

When answering a question, the local authority should clearly identify it by quoting the question reference number. The Planning Inspectorate’s case team can provide the local authority with a MS Word copy of the questions on request.

The Examining Authority will carefully examine the draft DCO to satisfy themselves that the construction and operation of the project is sufficiently controlled and mitigated. The local authority will need to be satisfied that their responsibilities for enforcing and discharging the requirements in the draft DCO are clearly set out. See the Development Consent Order for more information.

Hearings

There are 3 types of hearing that may be held during the examination stage. Further information about hearings is provided in the Planning Inspectorate’s Advice for members of the public, including:

  • the types of hearings
  • registering to speak at a hearing
  • what to expect at a hearing

The Examining Authority will notify all interested parties of the date, time and place of the hearings. The notification will include a deadline for registering to speak at the hearing. This notification will also include a high-level agenda for issue specific and compulsory acquisition hearings.

The local authority should consider the agenda and the topics that are likely to be discussed, including any site-specific matters. A detailed agenda will be published on the project information page of the Find a National Infrastructure Project website about a week before the hearing. However, the local authority may wish to register to speak at the hearing on a provisional basis as the deadline for registering will be before the detailed agenda is available. If the local authority has provisionally registered to speak at a hearing they should review the Examining Authority’s detailed agenda when it is available and promptly confirm each person who may be speaking to the Planning Inspectorate’s case team.

The Examining Authority may request that the local authority attend some hearings. The local authority can attend online if necessary and are encouraged to be represented at those hearings.

Open Floor Hearings

These are community focussed and provide an opportunity for individuals and community representative to put their views to the Examining Authority. Therefore, local authorities may have a limited role. Local councillors may find that these hearings are suited to their role as community representatives. However, they must confirm to the Examining Authority in what capacity they are speaking – on behalf of themselves, representing their ward or division and the people who live in it, or the local authority.

Issue Specific Hearings

These are held only if the Examining Authority consider it necessary to ensure adequate examination of specific issues. They are inquisitorial hearings where the Examining Authority will ask the participants questions about specific topics. Typically, the format of this type of hearing is:

  1. The Examining Authority will ask the applicant to respond to a question under an agenda item
  2. The local authority is then invited to present their views
  3. Other statutory parties and other interested parties are then invited to present their views
  4. The Examining Authority will give the applicant a final opportunity to respond to the views heard

The local authority should consider what support they may need at these hearings depending on the nature of the topics to be discussed. For example, from environmental specialists or legal support.

Compulsory Acquisition Hearings

These are held if the Examining Authority considers it necessary to ask the applicant questions about their case for requesting compulsory acquisition and temporary possession of land and rights in their application. They are also held if one or more affected persons have requested to speak about the compulsory acquisition of land they have an interest in. The local authority is an affected person if they own or have an interest in land that could be affected by the project.

The local authority should make sure they understand the scale and nature of the compulsory acquisition and, or temporary possession of land and rights requested. They should review the applicant’s Book of Reference to identify relevant plots of land. They should consider how these might interact and possibly impact their wider views about any issues relating to the application.

The local authority should consider what support they may need at these hearings, for example from their corporate services team or legal support.

Accompanied Site Inspections

These are held when the Examining Authority needs to enter private land to view the application site and surroundings. They are also held if the Examining Authority consider it necessary for interested parties to guide them or point out certain features of the site or surroundings. It is helpful if a representative from the local authority can attend so that they can be available to point out specific locations and features. They will also then have first-hand knowledge of what was seen.

The Examining Authority will explain that the accompanied site inspection is not an opportunity to discuss the merits of the application.

The applicant will prepare a draft itinerary for the accompanied site inspection. In most cases interested parties will have the opportunity to comment on the draft. The local authority will have local knowledge that they can use to review the draft and advise the Examining Authority of any potential difficulties. The final itinerary will be decided by the Examining Authority and published on the project information page of the Find a National Infrastructure Project website.

Recommendation and Decision stages

The local authority will not generally get involved at these stages. If the Planning Inspectorate receive any submissions after the examination has closed they will send them to the Secretary of State and the Examining Authority will not see them. This means that they will not be considered in the Examining Authority’s recommendation report.

The Secretary of State may invite interested parties to comment on certain matters at the decision stage. The local authority will need to be prepared to respond to any consultation issued by the Secretary of State.

The Secretary of State’s decision and the DCO (if the Secretary of State decides to give consent for the project) will be published on the project information page of the Find a National Infrastructure Project website. This is also the time when the local authority will be able to see the Examining Authority’s recommendation report.

Post decision

If the Secretary of State grants consent for the project, the local authority are likely to have responsibility for:

  • discharging the requirements of the DCO
  • responding as a consultee about the discharge of requirements
  • monitoring the works as required by the DCO
  • carrying out enforcement actions as necessary – sections 160 to 173 of the Planning Act set out the local authority’s powers to enforce a breach of the terms of the DCO
  • storing and enabling access to any certified information as part of the DCO

The nature and scale of NSIPs means that changes may need to be made to a DCO either before, during or after construction. There is a statutory application process for applicants to make non-material and material changes to a DCO. The government’s guidance on Changes to Development Consent Orders provides information about the process. The Secretary of State will make the decision on these applications.

The local authority may be consulted about an application to change the DCO. However, the Secretary of State will take a proportionate approach to consultation and notification of these applications.

Updates to this page

Published 8 August 2024

Sign up for emails or print this page

Contents

Related content