Planning Act 2008, No. 29 (as amended)

The Planning Act 2008 is a significant piece of legislation in the United Kingdom that aims to streamline the process for major infrastructure projects while ensuring effective public participation and environmental protection. Here's a summary of its key aspects:

Purpose:

The primary purpose of the Planning Act 2008 is to provide a framework for the consenting and approval process for nationally significant infrastructure projects (NSIPs) in England and Wales. The act seeks to facilitate the timely delivery of essential infrastructure, such as energy, transportation, water, and waste projects, by establishing a coordinated and efficient process for project planning, assessment, and decision-making.

Requirements:

1. Development Consent Order (DCO): The Planning Act 2008 introduces the concept of the Development Consent Order (DCO) as the principal mechanism for obtaining planning permission for NSIPs. A DCO is a comprehensive consent granted by the Secretary of State for specific infrastructure projects, authorizing their construction, operation, and maintenance.
2. National Policy Statements (NPS): The act requires the government to prepare and publish National Policy Statements (NPS) for various sectors, providing overarching policy guidance and strategic direction for the development of infrastructure projects. NPSs set out the need for infrastructure, the criteria for assessing project applications, and the factors to be considered in decision-making.
3. Examination Process: NSIP applications are subject to an examination process conducted by the Planning Inspectorate, an independent government agency responsible for assessing and making recommendations on project applications. The examination involves public consultation, hearings, and inquiries to gather evidence, assess impacts, and consider stakeholder views.
4. Community Consultation: The Planning Act 2008 requires developers to engage in extensive community consultation and engagement throughout the planning process for NSIPs. This includes providing information to the public, consulting with local authorities, stakeholders, and affected communities, and responding to feedback and concerns raised during the consultation process.
5. Environmental Impact Assessment (EIA): NSIP applications are subject to environmental impact assessment (EIA) requirements under the Planning Act 2008, ensuring that potential environmental effects are identified, evaluated, and mitigated. Developers must prepare Environmental Statements (ES) containing detailed information on the environmental implications of proposed projects.

Applicability:

The Planning Act 2008 applies to developers, project promoters, planning authorities, and government agencies involved in the planning, assessment, and approval of nationally significant infrastructure projects (NSIPs) in England and Wales. NSIPs typically include large-scale infrastructure projects with significant economic, social, or environmental implications, such as energy generation facilities, transportation networks, water supply infrastructure, and waste management facilities.

Overall, the Planning Act 2008 seeks to balance the need for infrastructure development with environmental protection, public engagement, and effective decision-making. By establishing a streamlined and transparent process for planning and approving NSIPs, the act aims to promote sustainable development, support economic growth, and enhance the resilience of critical infrastructure networks.

The Planning Act 2008 outlines various requirements for evidence to be provided during the process of planning and consenting nationally significant infrastructure projects (NSIPs). Here's a summary of the evidence requirements under the Planning Act 2008:

1. Project Information: Developers are required to provide comprehensive information about the proposed infrastructure project, including its purpose, location, design, scale, and operational details. This information forms the basis for assessing the project's suitability, environmental impacts, and compliance with planning policies and regulations.
2. Environmental Impact Assessment (EIA): The Planning Act 2008 mandates developers to conduct an Environmental Impact Assessment (EIA) for NSIPs. This involves assessing the potential environmental effects of the proposed project and preparing an Environmental Statement (ES) to document the findings. The ES must include information on the project's likely environmental impacts, mitigation measures, alternatives considered, and any significant effects identified.
3. Technical Studies and Reports: Developers may need to commission technical studies and reports to assess specific aspects of the proposed project, such as traffic impact assessments, ecological surveys, noise studies, air quality assessments, and heritage impact assessments. These studies provide evidence to support the assessment of environmental effects and inform decision-making on the project.
4. Alternatives Analysis: Developers are required to consider alternative design options, locations, or approaches for the proposed project and assess their environmental implications. Evidence should be provided to demonstrate why the preferred option was chosen and how it compares to alternative options in terms of environmental impacts, feasibility, and sustainability.
5. Consultation Responses: Developers must engage in extensive consultation with the public, local authorities, stakeholders, and other interested parties throughout the planning process. Evidence of consultation responses, feedback received, and measures taken to address concerns raised must be documented and submitted as part of the planning application.
6. Expert Opinions and Testimonies: Developers may need to provide expert opinions, testimonies, or peer reviews from qualified professionals to support the assessment of environmental impacts and the feasibility of proposed mitigation measures. Expert evidence helps validate the accuracy and reliability of technical assessments and findings presented in the planning application.
7. Legal and Policy Compliance: Evidence must be provided to demonstrate compliance with relevant planning policies, regulations, and legal requirements governing the development and operation of infrastructure projects. This includes evidence of adherence to national policy statements (NPS), planning regulations, development consent order (DCO) requirements, and other applicable legislation.

Overall, compliance with the evidence requirements of the Planning Act 2008 is essential for developers to demonstrate the environmental sustainability, feasibility, and compatibility of proposed infrastructure projects, and to facilitate informed decision-making by planning authorities and regulatory bodies.