1 INTRODUCTION
1. A long-standing criticism of the planning system
has been that national policy and, in particular, the national
need for major infrastructure, is not always clearly set out.
In the past this has caused significant delays at the public inquiry
and ministerial decision stages for individual applications. The
oft-quoted example is that of Sizewell B, the last nuclear power
station built in the UK, which took six years to secure planning
consent but only 30 of the 340 days of the public inquiry addressed
local issues, with, we were told, an estimated cost for the whole
process of £300 million.[1]
The Planning Act 2008 was intended to reform the system
by streamlining decision-making and reducing the risk of unnecessary
delay. Under the new system, planning consent for nationally significant
infrastructure projects (NSIPs) will be administered by a new
body—the Infrastructure Planning Commission (IPC). National
Policy Statements (NPSs) will provide the primary basis on which
the IPC will reach decisions on planning applications. The intention
is that the NPSs should give clarity and a higher degree of predictability
to the planning system by informing applicants and others of some
of the main issues the IPC will take into account in its decision-making.
2. On 9 November 2009 the Government published seven
draft NPSs, six of which are on energy and one covering ports.
The six energy NPSs are:
- Overarching energy policy (EN-1);
- Fossil fuel electricity generating infrastructure
(EN-2);
- Renewable energy infrastructure (EN-3);
- Gas supply infrastructure and gas and oil pipelines
(EN-4);
- Electricity networks (EN-5); and
- Nuclear power generation (EN-6).
EN-1 set outs the Government's energy and climate
change policy framework and its analysis of the need for new energy
infrastructure. It provides guidance to the IPC on its assessment
of applications, including generic impacts that it believes will
be common to all types of application. The remaining draft NPSs
are designed to be read in conjunction with EN-1 and provide technology-specific
information. EN-6 differs from the other draft technology-specific
energy NPSs because it sets out 10 potential sites the Government
believes are suitable for the deployment of new nuclear power
stations by the end of 2025. Further NPSs on national networks,
airports, waste water, water supply, and hazardous waste are expected
at later dates. The IPC became open to receive planning applications
from 1 March 2010. Its initial programme of anticipated projects
for consideration include nuclear power stations at Sizewell,
Hinkley Point, Oldbury and Wylfa, as well as associated power
lines; a biomass power station in Northumberland; and five new
wind farms. Until the NPSs are finalised, the IPC will be able
to consider applications, but will make recommendations to the
Secretary of State who will decide whether to grant consent.
Our inquiry
3. Before the IPC can use the energy NPSs to determine
applications, they must be designated by the Secretary of State
for Energy and Climate Change. Prior to designation the Planning
Act 2008 states they should first be subject to:
- Public consultation—the
Department undertook this between 9 November 2009 and 22 February
2010;[2]
- An appraisal of sustainability—a process
not defined by legislation, but guided by the principles of Strategic
Environmental Assessment (SEA). The Department conducted this
alongside its preparation of the draft energy NPSs so that they
could be informed by the appraisal;[3]
and
- Parliamentary scrutiny.[4]
4. The Secretary of State has stated that these three
processes should be completed by 6 May 2010—referred
to in the legislation as the relevant period. On 10 November 2009
the Liaison Committee National Policy Statements Sub-Committee
designated the Energy and Climate Change Committee to consider
the draft energy NPSs as the main element of the parliamentary
scrutiny stage in the House of Commons. Standing Order 152H stipulates
that we must report to the House at least 39 days before the end
of the relevant period, in this case by 28 March 2010, thus enabling
time for a debate on the draft NPSs should the Committee recommend
it. In addition to the parliamentary scrutiny conducted by this
House, the House of Lords has held three debates on the draft
energy NPSs.[5]
5. This Report makes a number of recommendations,
which we expect the Government to take account of before designating
the energy NPSs. Given the importance of the Statements in delivering
our energy and climate change objectives, we recommend that they
be subject to a debate in the main Chamber on an amendable motion,
offering the possibility of a vote. If there is not time to schedule
a debate before the dissolution, it is imperative that this take
place at the earliest opportunity in the next Parliament.
6. Because of the short timescale for our work,
we have not been able to consider in detail each of the sites
proposed for new nuclear development. It would, therefore, be
inappropriate for us to form a judgement on their suitability.
However, our inquiry has accumulated a significant body of evidence,
particularly in relation to individual sites, which we hope the
Department will take account of in addition to its own consultation
responses.
7. We received a very large number of written submissions
to our inquiry, and took oral evidence from a wide range of organisations.
A full list of witnesses and written submissions can be found
on pages 58 and 60 respectively. We are very grateful to all those
who contributed to our evidence-gathering. We thank particularly
Mike Ash CBE and Kelvin MacDonald, who were specialist advisers
to the inquiry, although we emphasise that the conclusions and
recommendations of this Report are the Committee's own.
8. In the next Chapter we examine the draft overarching
energy NPS and in particular the Government's assessment of the
need for new energy infrastructure. In Chapter 3 we consider some
technology-specific matters raised in the course of our inquiry
that relate to EN-2 to 6, focusing especially on issues relating
to new nuclear build. In Chapter 4 we analyse the suitability
of the draft NPSs as planning documents and their role in relation
to the wider planning system. Finally, in Chapter 5 we examine
the effectiveness of the Government's consultation on the draft
NPSs and its conduct of the appraisal of sustainability—both
of which are requirements, alongside the parliamentary scrutiny,
before designation of the Statements can take place.
1 Ev 421 (Nuclear Industry Association) Back
2
Planning Act 2008, Section 7 Back
3
Planning Act 2008, Section 5(3) Back
4
Planning Act 2008, Section 9 Back
5
House of Lords, Official Report, GC 247, 23 February 2010;
GC 45, 4 March 2010; and GC 135, 11 March 2010 Back
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